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IN RE B.C.

Nos. 25423, 25466, 25503, 25559.

786 N.W.2d 350 (2010)

2010 SD 59

In The Matter of B.C. and I.C., Alleged Abused/Neglected Children. In The Matter of S.W., N.S., N.H. Jr., N.H. and A.H., Alleged Abused/Neglected Children. In The Matter of D.J., D.R. and F.R., Alleged Abused/Neglected Children. The People of The State of South Dakota In The Interest of K.E., Child and Concerning C.E. and A.T., Respondents. Rosebud Sioux Tribe, Intervener.

Supreme Court of South Dakota.

Decided July 14, 2010.

Attorney(s) appearing for the Case

Nicole J. Laughlin, Office of the Minnehaha County Public Defender, Sioux Falls, South Dakota, for appellant mother L.S.

Stacy F. Kooistra, Myers & Billion LLP, Sioux Falls, South Dakota, for appellant mother N.S.

Amber Eggert, Office of the Minnehaha County Public Defender, Sioux Falls, South Dakota, for appellant mother L.B.S.

Paul John Brankin, Dakota Plains Legal Services, Rapid City, South Dakota, for appellant mother C.E.

Ann M. Holzhauser, Kirsten E. Jasper, Jeremy Lund, Assistant Attorney's General, Department of Social Services, Pierre, South Dakota, for appellee State of South Dakota.

Cynthia A. Howard, Minnehaha County Office of the Public Advocate, Sioux Falls, South Dakota, for appellee children.

Janet Olson, Minnehaha County Office of the Public Advocate, Sioux Falls, South Dakota, for appellee children.

PER CURIAM.

[¶ 1.] Pending before this Court are motions to dismiss in four abuse and neglect appeals. The Indian Child Welfare Act (ICWA) applies to these proceedings. In each instance, a parent appeals termination of parental rights. Although a Tribe intervened in each case at the circuit court level, none of the appealing parents served a notice of appeal on the intervening Tribe. The State contends that this failure to serve a notice of appeal requires dismissal...

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