M.B. v. Konenkamp

523 N.W.2d 94, 1994 S.D. LEXIS 163, 1994 WL 559010
CourtSouth Dakota Supreme Court
DecidedOctober 12, 1994
Docket18461
StatusPublished
Cited by16 cases

This text of 523 N.W.2d 94 (M.B. v. Konenkamp) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
M.B. v. Konenkamp, 523 N.W.2d 94, 1994 S.D. LEXIS 163, 1994 WL 559010 (S.D. 1994).

Opinions

SABERS, Justice (on reassignment).

M.B. seeks a writ of prohibition against Circuit Judge John Konenkamp’s order requiring her under SDCL 26-7A-107 to undergo inpatient drug and alcohol abuse treatment at the South Dakota Human Services Center in Yankton, South Dakota. We grant the Writ of Prohibition.

FACTS

J.J.C. and his mother M.B. appeared before Circuit Judge John Konenkamp (Konen-kamp) in a juvenile delinquency proceeding on February 8, 1993. On March 17, 1993, J.J.C. was ordered to the State Training School in Plankinton as recommended by Court Service Officer Dudley Lapointe (La-pointe). This recommendation was based upon J.J.C.’s arrest for shoplifting and third-degree burglary, his suspension from high school and his absconding from the jurisdiction while in aftercare from a prior commitment to the State Training School.

At J.J.C.’s dispositional hearing, Lapointe also recommended M.B. undergo a chemical dependency evaluation for possible treatment. Lapointe believed M.B. had an alcohol dependency problem which contributed to J.J.C.’s delinquent behavior. Lapointe admitted his recommendation was primarily based on hearsay and J.J.C.’s extensive involvement with the juvenile justice system. He advised Konenkamp that he expected “none less than a very intensive outpatient recommendation as a result of the assessment, if not inpatient treatment.” After hearing this recommendation, M.B. complained: “I’m not the one on trial here, my son is, and I don’t understand all this, what is going on, so if we can continue it, if I can talk to somebody, because I feel I’m being railroaded here.” Konenkamp then ordered a chemical dependency evaluation in an effort to provide a healthy relationship between J.J.C. and his mother.1

M.B. underwent a chemical dependency evaluation at the Addiction Recovery Center (ARC), a part of Rapid City Regional Hospital. This evaluation made a provisional diagnosis of alcohol abuse and recommended abstinence with attendance at Alcoholics Anonymous (AA) meetings.

Lapointe found the ARC recommendation “unexpected” and arranged for another evaluation at the Pennington Program, a division of the Pennington County Sheriffs Department. Prior to the second evaluation, La-pointe visited with the personnel at the Pennington Program and requested a specific counselor perform the evaluation. A chemical dependency trainee performed the evaluation and diagnosed M.B. as having severe alcohol dependence and recommended inpatient treatment. This diagnosis was partially based on the fact that M.B. smelled of alcohol dining the evaluation and admitted using alcohol the day before the evaluation. Another factor in this diagnosis was that M.B. was unable to abstain from alcohol use after her first evaluation even though abstinence was recommended by the chemical dependency counselor at ARC.

After the second evaluation, Konenkamp granted M.B.’s application for court-appointed counsel. An evidentiary hearing was held on August 16,1993, to consider M.B.’s motion to vacate the order for lack of jurisdiction and whether M.B. could be required to attend inpatient chemical dependency treatment.2 At this hearing, Konenkamp took judicial notice of J.J.C.’s extensive juvenile file. The file shows that J.J.C. has been arrested and charged with at least fifteen different offenses, ranging from shoplifting to grand theft. The record also reveals that J.J.C.’s psychological tests and evaluations [96]*96indicate that M.B.’s alcohol use has been a contributing factor to J.J.C.’s delinquency. More specifically, these evaluations indicated that J.J.C. “has experienced substantial disruption to his life from parental chemical use.”

Lapointe then renewed his recommendation of inpatient alcohol treatment for M.B. He based his recommendation on the Pennington Program evaluation. However, the ARC counselor testified that M.B.’s use of alcohol after the first evaluation would cause him to change his diagnosis about the severity of M.B.’s alcohol dependency and some treatment would be recommended.

On August 31,1993, M.B. informed Konen-kamp that she was unable to locate affordable outpatient, or inpatient treatment. Thereafter, M.B. filed this application for a writ of prohibition. This court has issued an alternative writ of prohibition staying the trial court’s order pending outcome of this appeal.

ISSUES
1. Did Judge Konenkamp exceed his statutory authority by ordering M.B. to undergo inpatient alcohol treatment during a juvenile delinquency proceeding against her child?
2. Did the court order violate M.B.’s right to procedural due process?
3. Does SDCL 26-7A-107(8) violate M.B.’s right to substantive due process?
4. Whether SDCL 26-7A-107(8) violates the state and federal constitutions’ equal protection clauses?
A writ of prohibition is an extraordinary remedy. It may issue upon a showing that a public officer is acting or is about to act without or in excess of his jurisdiction, or without or in excess of the authority conferred by law. It may be issued in a direct application to this Court in appropriate circumstances.
It is required that an applicant for a writ of prohibition must show that he or she has no ‘plain, speedy and adequate remedy in the ordinary course of law available to them. If there is another ‘plain, speedy and adequate’ remedy at law or in equity, equally available to an applicant, this Court has held it will not issue a writ of prohibition.

Cummings v. Mickelson, 495 N.W.2d 493, 495 (S.D.1993) (citations omitted).

1. Did Judge Konenkamp exceed his statutory authority by' ordering M.B. to undergo inpatient alcohol treatment during a juvenile delinquency proceeding against her child?

“Juvenile procedure is a creature of statute. The court in juvenile proceedings has only that jurisdiction and authority granted to it by the legislature.” People in Interest of C.E.B., 263 N.W.2d 874, 875 (S.D. 1978). M.B. argues that Konenkamp exceeded this statutorily granted authority or jurisdiction by ordering M.B. to submit to inpatient alcohol treatment during a juvenile delinquency proceeding against her son, J.J.C.

SDCL chs. 26-7A, -8A, -8B, and -8C constitute the core of South Dakota’s juvenile code. Chapter 26-7A sets forth the rules of procedure for juvenile courts. Chapters 26-8A, B, and C govern specific types of juvenile proceedings (i.e., abuse and neglect, children in need of supervision, and delinquency). Prosecution of J.J.C. proceeded under the delinquency provisions of Chapter 26-8C. Konenkamp ordered M.B. to undergo alcohol treatment by means of SDCL 26-7A-107(8).3 [97]

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M.B. v. Konenkamp
523 N.W.2d 94 (South Dakota Supreme Court, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
523 N.W.2d 94, 1994 S.D. LEXIS 163, 1994 WL 559010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mb-v-konenkamp-sd-1994.