From Casetext: Smarter Legal Research

People in Interest of D.C. and B.M

Supreme Court of South Dakota
Apr 7, 1977
252 N.W.2d 232 (S.D. 1977)

Opinion

No. 11708.

Argued January 10, 1977.

Decided April 7, 1977.

Appeal from the Circuit Court, of the Seventh Judicial Circuit, Custer County, Frank E. Henderson, J.

Robert C. Bakewell, Jr., and Todd D. Hauge, of Bakewell Hauge, Custer, for appellant, Mother of D.C. and B.M.

Janice Godtland, Asst. Atty. Gen., Pierre, for respondent State of South Dakota; William J. Janklow, Atty. Gen., Pierre, on the brief.


The settled record in this case contains no findings of fact or conclusions of law as required by SDCL 15-6-52(a). See: Matter of A.P., 1976, S.D., 248 N.W.2d 878. While waiver of such findings can occur under SDCL 15-6-52(b), we can find no such waiver in this record. In addition, the notice of appeal and the assignments of error are not part of the settled record, but were sent in additional files "for informational purposes." These files contain reports from social workers and a doctor and other information never admitted in evidence at the adjudicatory hearing.

The notice of appeal and the assignments of error are essential parts of the settled record. The remaining reports and information are not a proper part of the settled record, and they should not have been sent to the Clerk of the Supreme Court.

Accordingly, the case is remanded to the circuit court for findings of fact and conclusions of law by the trial court as provided by SDCL 15-6-52(a) and for settlement of the record as provided by SDCL 15-29-10 through 15-29-14.

All the Justices concur.


Summaries of

People in Interest of D.C. and B.M

Supreme Court of South Dakota
Apr 7, 1977
252 N.W.2d 232 (S.D. 1977)
Case details for

People in Interest of D.C. and B.M

Case Details

Full title:The PEOPLE of the State of South Dakota in the Interest of D.C. and B.M.…

Court:Supreme Court of South Dakota

Date published: Apr 7, 1977

Citations

252 N.W.2d 232 (S.D. 1977)

Citing Cases

People in Interest of L.A

See SDCL 15-26A-3(6); SDCL 15-26A-13. As we have firmly held, separate findings of facts and conclusions of…