South Dakota Supreme Court

In the Matter of N. J. W., N. G. B., and K. F. B., alleged Dependent and Neglected Children

December 28, 19781978 S.D. LEXIS 245

Summary

The court affirmed the adjudication of dependency and neglect and the termination of the parents’ rights. It held that the governing statute was not unconstitutionally vague, that defective notice of temporary-custody hearings caused no demonstrated prejudice to the final judgment, and that the parents’ due-process and evidentiary objections did not require reversal. The court excluded reliance on an unalleged ground of neglect, but found the remaining grounds sufficient, upheld the preponderance-of-the-evidence standard, and concluded that termination was the only adequate means of protecting the children.