In re L.B.

416 N.W.2d 598, 1987 S.D. LEXIS 380

• Court: South Dakota Supreme Court
• Decided: December 9, 1987
• Docket: Nos. 15662, 15663
• Status: Published

Opinions

MILLER, Justice.

This is an appeal from the termination of a father’s parental rights.

* This court previously upheld the termination of the mother’s parental rights. (Matter of L.B. and J.B., 403 N.W.2d 426 (S.D.1987); Matter of L.B. and J.B. [Matter of J.V.], 398 N.W.2d 755 (S.D.1986).)

This action deals with two children: L.B., a female born in July 1981; and J.B., a male born in March 1983. The trial court found that father had sexually abused L.B. and that such conduct along with other less serious conduct and deficiencies required the termination of his parental rights over both .hildren.

In recent years there have been a multitude of cases before this court dealing with dependent and neglected children and the termination of their parents’ parental rights. As a result, we have created a well-established body of law to guide and govern social workers, mental health professionals, state’s attorneys and other members of the bar and the trial bench in handling these most important cases. We continually reiterate that the interests of the children are paramount. SDCL 26-8-36; People in Interest of T.H., 396 N.W.2d 145 (S.D.1986); In re M.C., 391 N.W.2d 674 (S.D.1986); In re S.M., 384 N.W.2d 670 (S.D.1986); People in Interest of P.B., 371 N.W.2d 366 (S.D.1985); People in Interest of J.S.N., 371 N.W.2d 361 (S.D.1985); People in Interest of C.L., 356 N.W.2d 476 (S.D.1984); People in Interest of S.L.H., 342 N.W.2d 672 (S.D.1983); People in Interest of M.S.M., 320 N.W.2d 795 (S.D.1982). We have further firmly established that the abuse of one child is relevant to the care a parent will provide to other siblings. In re K.D.E., 87 S.D. 501, 210 N.W.2d 907 (1973); In re R.Z.F., 284 N.W.2d 879 (S.D.1979).

Here, father’s central claim is that the trial court’s findings of fact were clearly erroneous. We have continually and consistently held that we will not set aside a trial court’s findings unless they are clearly erroneous and unless, after reviewing the evidence, we are left with a firm and definite conviction that a mistake has been made. Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982); In re S.D., 402 N.W.2d 346 (S.D.1987); People in Interest of T.H., supra; In re L.R., 394 N.W.2d 901 (S.D.1986); In re S.M., supra; People in Interest of M.W., 374 N.W.2d 889 (S.D.1985); In re A.M.L., 371 N.W.2d 358 (S.D.1985); People in Interest of D.M., 367 N.W.2d 769 (S.D.1985); People in Interest of M.J.B., 364 N.W.2d 921 (S.D.1985); In re D.H., 354 N.W.2d 185 (S.D.1984); People in Interest of S.L.H., supra; In re S.S., 334 N.W.2d 59 (S.D.1983); In re S.A.H., 314 N.W.2d 316 (S.D.1982); In re D.A.B., 313 N.W.2d 787 (S.D.1981); People in Interest of T.L.J., 303 N.W.2d 800 (S.D.1981); In re R.N., 303 N.W.2d 102 (S.D.1981); People in Interest of P.M., 299 N.W.2d 803 (S.D.1980).

The facts in this case are unique to these parties and their sad circumstances. No useful purpose would be served by reiterating all of the sordid details in this writing. The trial court chose to believe the testimony of social workers and mental health professionals and to disregard the testimony of the father and mother. That is the appropriate function and role of the trial court as a finder of fact in litigation such as this. SDCL 15 — 6—52(a); In re N.K. & H.K., 414 N.W.2d 5 (S.D.1987); S.D., supra; T.H., supra; P.M., supra.

We have thoroughly reviewed and scrutinized the transcripts'of the testimony and are not left with a definite and firm conviction that a mistake has been made. In re K.C., 414 N.W.2d 616 (S.D.1987); T.H., supra; M.W., supra; In re A.M., 292 N.W.2d 103 (S.D.1980). Not only was the trial court not clearly erroneous in its findings of fact, there was clear and convincing evidence supporting both the finding of abuse and the termination of father’s parental rights. K.C., supra; T.H., supra; M.W., supra; A.M., supra.

Affirmed.

WUEST, C.J., and MORGAN and SABERS, JJ., concur. HENDERSON, J., dissents.

Appellant’s counsel, here was not his counsel at trial.