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PEOPLE EX REL. M.H.

Nos. 23092, 23093.

691 N.W.2d 622 (2005)

2005 SD 4

The PEOPLE of the State of South Dakota in the Interest of M.H., L.U.H., W.H., Jr., L.S.H., and T.H., Minor Children, Concerning T.R.T., W.H., Sr., and M.M., Respondents.

Supreme Court of South Dakota.

Decided January 5, 2005.

Attorney(s) appearing for the Case

Jason Adams of Office of the Minnehaha Co., Public Defender, Sioux Falls, South Dakota, Attorney for appellant, Mother, T.R.T.

Julie Hofer of Hofer Law Office, Sioux Falls, South Dakota, Attorneys for appellant, Father, W.H., Sr.

Tara L. Glasford of Abourezk Law Offices, Sioux Falls, South Dakota, Attorneys for appellee, minor children.

Lawrence E. Long, Attorney General, David W. Siebrasse, Assistant Attorney General, Pierre, South Dakota, Attorneys for appellee, State of South Dakota.

Thomas J. Van Norman, Senior Tribal Attorney, Eagle Butte, SD, Attorney for appellee, Cheyenne River Sioux Tribe.

GILBERTSON, Chief Justice.

[¶ 1.] In this consolidated appeal, mother, father and the Cheyenne River Sioux Tribe (CRST)1 appeal a judgment terminating parental rights arguing the provisions of the Indian Child Welfare Act (ICWA) were not followed in the proceeding below. We reverse and remand.

FACTS

[¶ 2.] On July 10, 2002, a petition was filed by the State of South Dakota alleging M.H. (born July 16, 1993)...

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