Interest of A.L. and D.L.

South Dakota Supreme Court·Decided July 15, 2026·No. 31166·Published

Opinion

#31166-a-MES 2026 S.D. 46

IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA

THE PEOPLE OF THE STATE OF SOUTH DAKOTA IN THE INTEREST OF A.L. and D.L., Minor Children and concerning N.W. and E.L., Respondents, Lower Brule Sioux Tribe, Intervenor.

APPEAL FROM THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT MINNEHAHA COUNTY, SOUTH DAKOTA

THE HONORABLE ROBIN HOUWMAN Judge

MATTHEW MIRABELLA of South Dakota Office of Indigent Legal Services Sioux Falls, South Dakota Attorneys for appellant N.W.

MARTY JACKLEY Attorney General

COURT ROPER Special Assistant Attorney General Pierre, South Dakota Attorneys for appellee State of South Dakota.

CONSIDERED ON BRIEFS MAY 28, 2026 OPINION FILED 07/15/26 #31166

SALTER, Justice

[¶1.] This appeal follows the circuit court’s decision to terminate Mother’s

parental rights. Mother was incarcerated in federal prison from the beginning of

the case through its final disposition. She does not allege any error in the court’s

actual decision to terminate her rights. Rather, she argues that the court abused

its discretion by denying her continuance requests based upon the pendency of a

motion for compassionate release from federal custody. We affirm.

Factual and Procedural History

[¶2.] Unfortunately, Mother has a history of drug abuse and dealing drugs.

She also has a history of intervention by the Department of Social Services (the

Department) due to allegations she placed her children in high-risk situations or

harmed them. For instance, in 2007, the Department substantiated a claim of

abuse and neglect after concluding that Mother was participating in drug

trafficking with her children present. The conduct led to an abuse and neglect

petition and placement for the children who were not the same two children at issue

in this case. Around the same time, Mother pled guilty in federal court for what a

United States Probation Office memorandum referred to as “maintaining a drug-

related premises.” See 21 U.S.C. § 856 (describing the offense of maintaining a

drug-involved premises). She was sentenced in 2007.

[¶3.] And in 2011, the Department again substantiated abuse and neglect

allegations, this time involving D.L. and A.L., the children at issue in this appeal

(the Children). The Children, who were both very young—D.L. was born in 2010,

and A.L. was born in 2011—both sustained injuries to their faces. The Department

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was unable to establish Mother was directly responsible, but it could not rule

Mother out as the perpetrator. A court ultimately denied an abuse and neglect

petition.

[¶4.] In August 2017, Sioux Falls police officers conducted a traffic stop of a

vehicle driven by Mother who was accompanied by three of her children, including

D.L. and A.L. The officers seized from Mother’s pockets separate jeweler’s bags of

methamphetamine along with oxycodone and hydrocodone pills. They arrested

Mother and contacted an on-call Department representative who arrived and

ensured that all three children could be placed with their maternal grandmother

who was also in the vehicle.

[¶5.] Although it is not completely clear in our record, it appears that the

August 2017 traffic stop led to a larger investigation and eventually to Mother’s

federal indictment for conspiracy to possess and distribute controlled substances.

She pled guilty in December 2018, and a federal district court imposed a mandatory

minimum prison sentence of 180 months in March 2019 with an anticipated release

date of January 4, 2030.1

[¶6.] After Mother’s 2019 sentencing, the Children eventually ended up in

the care of their father (Father) and his girlfriend. In February 2024, A.L. disclosed

an incident of domestic violence between Father and his girlfriend to a school

guidance counselor. Upon further inquiry, the school guidance counselor learned

1. It appears that Mother’s mandatory minimum sentence was imposed pursuant to 21 U.S.C. § 841(b), which prescribes a “term of imprisonment of not less than 15 years” for individuals who are convicted “after a prior conviction for a serious drug felony.”

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that Father would often hit A.L. and D.L. while wearing boxing gloves, and the

Children were scared to live in the home.

[¶7.] Shortly after A.L.’s report, law enforcement officers responded to the

home after D.L. threatened to kill himself. Officers learned from Father’s girlfriend

that his current whereabouts were unknown. According to his girlfriend, Father

came and went as he pleased, leaving her to care for the Children. Officers placed

A.L. and D.L. in the Department’s custody.

[¶8.] On February 23, 2024, the State petitioned for a temporary custody

order. At a hearing held the same day, Mother appeared via video conference from

a federal prison in Minnesota. Father did not appear. Mother did not contest the

temporary custody petition, and the circuit court granted the request.

Subsequently, on March 8, the State filed a petition alleging abuse and/or neglect

under SDCL 26-7A or 26-8A.2 Both parents eventually stipulated that the Children

lacked proper parental care under SDCL 26-8A-2(2).

[¶9.] Throughout the circuit court proceedings, Mother engaged with the

Department and the court to the limited extent that she could while in custody. She

communicated with the Department, attended hearings by video conference, and

participated in phone calls with the Children. Father, on the other hand, did not

engage in any efforts to reunify with the Children. He shifted blame to the

2. Although it is not significant to our analysis of the issue Mother identifies in this appeal, the State’s petition also noted the Children’s Indian status and the applicability of the Indian Child Welfare Act. The record indicates the State provided notice of the case to the Lower Brule Sioux Tribe.

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Children and was opposed to working with the Department. Though Father had

counsel, Father did not attend the dispositional hearing.3

[¶10.] Unsworn updates from the attorneys provided periodically during the

pendency of the case revealed that both D.L. and A.L. have significant needs related

to behavioral issues and their mental health. The Children were not placed

together; each was placed in different foster care and institutional settings that

changed during the fifteen-months the case was pending. At the time of the final

dispositional hearing, D.L.’s condition had improved, and he was living with his

twenty-year-old half-brother who was providing sound care. A.L. was completing

an inpatient stay at a facility in Arkansas.

[¶11.] The focus of Mother’s appeal here is her effort to obtain compassionate

release from her custodial sentence pursuant to the First Step Act, 18 U.S.C.

§ 3582(c)(1)(A)(i), which permits release in certain circumstances for “extraordinary

and compelling reasons.” Mother made three separate requests to the federal

district court that sentenced her. The district court denied Mother’s first and

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