People ex rel. T. C.

278 N.W.2d 452, 1979 S.D. LEXIS 229
CourtSouth Dakota Supreme Court
DecidedMay 3, 1979
DocketNo. 12421
StatusPublished
Cited by3 cases

This text of 278 N.W.2d 452 (People ex rel. T. C.) 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
People ex rel. T. C., 278 N.W.2d 452, 1979 S.D. LEXIS 229 (S.D. 1979).

Opinion

HENDERSON, Justice

(on reassignment).

ACTION

This is an action involving five minor children found to be neglected and dependent pursuant to SDCL 26-8-6. This appeal is taken from an amended dispositional decree terminating appellant’s parental rights. We affirm the judgment of the trial court.

FACTS

The Department of Social Services was deeply involved with appellant and her children for the two years preceding the filing of the petition on September 21, 1976.

During the six-month period of October, 1974, through March, 1975, appellant took four trips. Two of the trips were to Wyoming; each time appellant left a thirteen-year-old babysitter in charge of her five minor children.

The children were left alone when appellant took a third trip to Wyoming. The record indicates that, at this time, the house was a shambles. The children had trauma marks on their faces and were forced to call the Sturgis Police Station to request food. Appellant took one other trip during this period; she went to Montana where she left the children with her ex-husband.

[453]*453In May 1975, appellant surrendered her children to the Department of Social Services saying that she was “emotionally, physically and financially strapped to a point that I am not capable of properly caring for the children.” The children were placed in foster homes. T. C. was returned to appellant in the fall of 1975; the other children were returned to appellant on a trial basis in the summer of 1976.

Neighbors complained to public officials about appellant’s haphazard care of her children during this trial period. The children were often unattended — one child was almost struck by a motorcycle and a car. The children begged for food from neighbors. The house, according to the landlady, was always filthy. In addition, a man lived with appellant — seven people thus lived in a two-bedroom trailer home with two beds.

PROCEDURAL FACTS

At the conclusion of the adjudicatory hearing on January 11, 1977, the court stated that the children were adjudicated dependent and neglected. An order of adjudication was filed July 18, 1977; an amended order of adjudication was filed August 31, 1977.

The dispositional hearing concluded on September 20, 1977. The court’s memorandum decision containing its proposed findings and conclusions was sent to all the attorneys on October 11, 1977. On November 7, 1977, the court entered its findings of fact and conclusions of law and decree of disposition terminating appellant’s parental rights. Appellant filed objections to the memorandum decision, findings of fact, conclusions of law, and dispositional decree on November 28, 1977; she also submitted proposed findings, conclusions, and decree. The court entered amended findings of fact and conclusions of law and an amended decree of disposition on December 6, 1977.

ISSUES/DECISION

Appellant argues that the trial court erred in filing the findings of fact, conclusions of law, and decree of disposition dated November 7, 1977, because they had not been served on her and she did not have the opportunity to object to them.

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Interest of A.A., A.T., and A.A.
2021 S.D. 66 (South Dakota Supreme Court, 2021)
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People in Interest of TC, Etc.
278 N.W.2d 452 (South Dakota Supreme Court, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
278 N.W.2d 452, 1979 S.D. LEXIS 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-t-c-sd-1979.