MATTER OF C.V.

No. 20277.

579 N.W.2d 17 (1998)

1998 SD 47

In the Matter of C.V., Alleged Abused/Neglected Child.

Supreme Court of South Dakota.

Decided May 13, 1998.


Attorney(s) appearing for the Case

D. Sonny Walter, Sioux Falls, for appellant, Father.

Mark W. Barnett, Attorney General, Joan P. Baker Assistant Attorney General, Pierre, for appellee, State of South Dakota.

Laurel Olson Eggers of Laurel Olson Eggers PC, Sioux Falls, for appellee, Child.


KONENKAMP, Justice.

[¶ 1.] We are faced with the question whether in an abuse and neglect proceeding the circuit court violated a father's statutory and due process rights in failing to conduct an adjudicatory hearing, when it nonetheless provided him a dispositional hearing before terminating his parental rights. We conclude the court erred in not holding an adjudicatory hearing for the father, but nonetheless affirm because in the unique circumstances of this...

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