IN RE IBANEZ

No. 26267.

834 N.W.2d 306 (2013)

2013 S.D. 45

In the Matter of the Termination of Parental Rights of Jessica L. IBANEZ over K.S.M., K.L.M. and D.F.M., Minor Children.

Supreme Court of South Dakota.

Decided June 26, 2013.


Attorney(s) appearing for the Case

Jason R. Sutton , Thomas J. Welk , Boyce, Greenfield, Pashby & Welk, LLP, Sioux Falls, South Dakota, Attorneys for appellant Jessica L. Ibanez.

Clint L. Sargent , Raleigh Hansman , Meierhenry & Sargent, LLP, Sioux Falls, South Dakota, Attorneys for appellees Jared and Amy Miller.


KONENKAMP, Justice.

[¶ 1.] In seeking to set aside her voluntary termination of parental rights, a mother alleged "fraud upon the court" because she was "secretly paid monetary consideration" and given "unenforceable secret promises" of continued visitation with her children, all of which were not disclosed in the step-parent adoption proceedings. The circuit court denied relief and she appeals.

I.

[¶ 2.] Jessica Ibanez, the mother, was...

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