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IN RE J.D.M.C.

No. 23998.

739 N.W.2d 796 (2007)

2007 SD 97

In re the Matter of J.D.M.C.

Supreme Court of South Dakota.

Decided September 12, 2007.

As Modified Upon Denial of Rehearing October 18, 2007.

Attorney(s) appearing for the Case

William J. Janklow, Sioux Falls, SD and Gordon P. Nielsen of Delaney, Vander Linden, Delaney, Nielsen & Sannes, PC, Sisseton, SD, for appellant Father.

Andrew M. Small, Jessica L. Ryan of Blue Dog, Paulson & Small, Minneapolis, MN and Karen Gangle, Tribal Prosecutor, Agency Village, SD, for appellee Sisseton-Wahpeton Oyate.

Danelle J. Daugherty of Bantz, Gosch & Cremer, LLC, Aberdeen, SD, for intervenor appellee Mother.

SABERS, Justice.

[¶ 1.] We determine whether the circuit court correctly granted full faith and credit or comity to a tribal court abuse and neglect order when all parties, at all relevant times, lived off the reservation. Because the Sisseton-Wahpeton Oyate Tribe (SWO) and Mother did not meet their burden to show the tribal court had personal jurisdiction, we reverse the circuit court.

FACTS

[¶ 2.] Mother and Father were married in Sisseton...

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