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IN RE D.M.

No. 23060.

685 N.W.2d 768 (2004)

2004 SD 90

In the Interest of D.M., R.M. III, and T.B.C., Minor Children, and concerning R.M., Jr., and S.C.B.C.-M., Respondents and Appellants. In the Interest of B.B.C., Minor Child, and concerning L.P.L., Respondent, and S.C.B.C.-M., Respondent and Appellant.

Supreme Court of South Dakota.

Decided July 28, 2004.

Attorney(s) appearing for the Case

Patrick M. Ginsbach of Farrell, Farrell and Ginsbach, Hot Springs, South Dakota, Attorneys for appellant Mother S.C.B.C.-M.

Lynn A. Moran, Custer, South Dakota, Attorney for appellant Father R.M., Jr.

Lawrence E. Long, Attorney General, Ann M. Holzhauser, Assistant Attorney General, Department of Social Services, Pierre, South Dakota Attorneys for appellee State.

SABERS, Justice.

[¶ 1.] Parents appeal the trial court's determination that there was good cause to deny the Rosebud Sioux Tribe's (Tribe) motion to transfer termination proceedings under the Indian Child Welfare Act (ICWA). 25 USC § 1912(b). We affirm.

FACTS

[¶ 2.] This case is before the Court for the third time. The first time was in 2003, when Parents appealed an order terminating their parental rights.1

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