PEOPLE IN INTEREST OF S. H.

Nos. 13414, 13567.

323 N.W.2d 851 (1982)

The PEOPLE of the State of South Dakota, In the Interest of S. H., A Minor Child, and Concerning F. H. O. and P. H. and Department of Social Services.

Supreme Court of South Dakota.

Decided August 25, 1982.


Attorney(s) appearing for the Case

Roberta Jean Earley, Spearfish, for appellant mother.

Thomas E. Brady, Spearfish, for appellee father.

William E. Anderson, Belle Fourche, for appellee child.

Janice C. Godtland, Asst. Atty. Gen., Pierre, for appellee State; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.


WOLLMAN, Chief Justice.

This is a consolidated appeal from an order of adjudication of dependency and neglect and a decree of disposition terminating appellant-mother's parental rights. We reverse and remand.

During oral argument, appellant contended that the standard of proof required for an adjudication of dependency and neglect and termination of parental rights is "clear and convincing evidence" rather than the preponderance of the evidence standard prescribed...

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