PEOPLE IN INTEREST OF P.S.E.

No. 26068.

816 N.W.2d 110 (2012)

2012 S.D. 49

The PEOPLE of the State of South Dakota in the INTEREST of P.S.E., Child, and Concerning M.A.S., Respondent.

Supreme Court of South Dakota.

Decided June 20, 2012.


Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Ann M. Holzhauser , Special Assistant Attorney General, Department of Social Services, Pierre, South Dakota, Attorneys for appellee, State of South Dakota.

Dana L. Hanna , Rapid City, South Dakota, Attorney for appellant, Father, M.A.S.


SEVERSON, Justice.

[¶ 1.] M.A.S. (Father) appeals termination of his parental rights to P.S.E. At the time P.S.E. was removed from Mother's care, Father lived in California and did not know he had a child in South Dakota. The Indian Child Welfare Act (ICWA) applies to these proceedings because P.S.E. is an enrolled member of the Fort Peck Sioux Tribe. Father argues that the Department of Social Services (DSS) did not make active efforts to reunite the Indian...

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