PEOPLE IN RE K.D.

Nos. 21715, 21726.

630 N.W.2d 492 (2001)

The PEOPLE of the State of South Dakota in the Interest of K.D., Minor Child, And Concerning Rosebud Sioux Tribe, Intervenor and Appellee.

Supreme Court of South Dakota.

Decided June 20, 2001.


Attorney(s) appearing for the Case

Jean M. Cline of Brown, Feehan & Cline, Rapid City, SD, Attorneys for appellant child.

Wendy T. McGowan, Deputy Pennington County State's Attorney, Rapid City, SD, Attorney for appellant state.

Terry Pechota of Viken, Viken, Pechota, Leach & Dewell, Rapid City, SD, Attorneys for appellee intervenor Rosebud Sioux Tribe.


AMUNDSON, Justice

[¶ 1.] The State of South Dakota filed a petition to have K.D.'s parents, F.D. and B.U., parental rights terminated. The Rosebud Sioux Tribe (Tribe) filed a motion to transfer the proceedings from state court to tribal court. After K.D.'s parents had their rights terminated, the trial court granted Tribe's motion. We reverse.

FACTS

[¶ 2.] On October 9, 1998, the state court granted the State's petition for temporary custody...

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