PEOPLE EX REL. L.S.

No. 23560.

721 N.W.2d 83 (2006)

2006 SD 76

The PEOPLE of the State of South Dakota in the Interest of L.S., C.S., and J.S., Children and concerning, S.O.B., Appellant, and J.S. and S.C., Respondents.

Supreme Court of South Dakota.

Reassigned April 17, 2006.

Decided August 16, 2006.


Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Brent Kempema, Assistant Attorney General, Department of Social Services, Pierre, South Dakota, Attorneys for appellee State.

Steven R. Binger, Binger Law Office, Sioux Falls, South Dakota, Attorney for appellant Mother.


KONENKAMP, Justice (on reassignment).

[¶ 1.] In this abuse and neglect action, the mother appeals the judgment terminating her parental rights. She contends that the State's failure to proceed with a new allegation during a previous abuse and neglect proceeding makes the issue res judicata. We affirm.

Background

[¶ 2.] In 2001, L.S., age twelve at the time, told her mother, S.O., that T.O. had exposed his penis to her and asked her to touch...

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