People ex rel. L.S.

Summary

The South Dakota Supreme Court affirmed the termination of a mother’s parental rights in an abuse and neglect proceeding. It held that res judicata did not bar a second petition based on new conduct and that the child-protection context warranted a flexible application of claim preclusion. The court also upheld the abuse-and-neglect adjudication, the excusal of reasonable reunification efforts, and termination as the least restrictive alternative.

Holdings

1. Res judicata did not bar the second proceeding. In child-protection proceedings involving continuing and changing circumstances, the doctrine must be applied cautiously, and a hyper-technical application cannot prevent consideration of new material evidence bearing on the children's safety.
2. The circuit court properly adjudicated the children abused and neglected because clear and convincing evidence showed that they lacked proper parental care and were threatened with substantial harm through the mother's conduct and omissions.
3. The circuit court properly excused DSS from providing reasonable efforts toward reunification under SDCL 26-8A-21.1(7).
4. Termination of the mother's parental rights was the least restrictive alternative commensurate with the children's best interests.

Questions Presented

1. Whether res judicata barred the State's second abuse-and-neglect petition based on the earlier proceeding.
2. Whether the circuit court properly adjudicated the children abused and neglected by considering the prior adjudication and the mother's subsequent exposure of a child to T.O.
3. Whether the circuit court properly excused DSS from making reasonable efforts to reunify the family under SDCL 26-8A-21.1(7).
4. Whether termination of the mother's parental rights was the least restrictive alternative commensurate with the children's best interests.

Disposition

affirmed