IN RE L.S.

No. 26132.

812 N.W.2d 505 (2012)

2012 S.D. 22

In the Matter of L.S., Abused/Neglected Child.

Supreme Court of South Dakota.

Decided March 21, 2012.


Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Bethany Erickson , Special Assistant Attorney General, Sioux Falls, South Dakota, Attorneys for appellee State of South Dakota.

Nicole J. Laughlin , Minnehaha County Public Defender's Office, Sioux Falls, South Dakota, Attorneys for appellant Mother C.S.


KONENKAMP, Justice.

[¶ 1.] In this abuse and neglect appeal, the primary question is whether the Indian Child Welfare Act (ICWA) applies to an Indian child not eligible for tribal membership.

Background

[¶ 2.] On March 30, 2010, L.S., age three, went alone to a neighbor's apartment because his mother, C.S., was drunk. The neighbor soon called the police and reported that the mother was acting disorderly. Police officers responding to the...

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