In re C.H.
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The Supreme Court reversed the circuit court's dispositional order terminating Mother's rights to her daughter, holding that the evidence did not establish that active efforts were made to reunify Mother and the child.
After a hearing, the court determined beyond a reasonable doubt that the State "made reasonable and active efforts to provide remedial services designed to prevent the breakup of the family and those rehabilitative programs [had] been unsuccessful." On appeal, Mother challenged the court's conclusion that active efforts were provided to prevent the breakup of the family and that the efforts were unsuccessful. The Supreme Court reversed, holding that the circuit court erred in terminating Mother's parental rights on the basis that the South Dakota Department of Social Services had been making active efforts since the inception of the case and that such efforts were unsuccessful.
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