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How often have you heard this story? A State agency, usually the Department of Social Services, removes an Indian child from their home and puts them in foster care because the child's parents were allegedly neglecting them, and at some later point the parents’ parental rights are terminated and the child is placed for adoption with a non-Indian family. This page will explain what ICWA is, how it is applied, and when it should be applied.
There are nine Indian reservations in the state of South Dakota. All have their own tribal court systems in place. The nine Indian reservations in South Dakota are the Rosebud Reservation, Lower Brule Reservation, Crow Creek Reservation, Yankton Reservation, Pine Ridge Reservation, Standing Rock Reservation, Cheyenne River Reservation, Flandreau Santee Reservation, and Lake Traverse Reservation.
What are the common terms in an Child Protection Case?
A&N - Abuse and Neglect
CPS - Child Protection Services
DSS - Department of Social Services
ICPC – Interstate Compact for the Placement of Children
ICWA - Indian Child Welfare Act
IFA - Initial Family Assessment
PCA - Protective Capacity Assessment
PDP - Present Danger Plan
Does South Dakota have state overtime laws that are different from federal law?
South Dakota state law does not address the issue of overtime pay; for that reason, only federal law applies in the state. State law nonetheless does indicate that a workday in any manufacturing or mechanical occupation shall consist of eight hours unless there is an express agreement to the contrary.
What is Medicare?
Medicare is the federal health insurance program for people who are sixty-five or older, certain younger people with disabilities, and people with end-stage renal disease.
There are four “Parts” to Medicare: Part A, Part B, Medicare Advantage Plans, and Part D.
On August 26th, 2021, the Supreme Court ruled that the Center for Disease Control and Prevention (CDC) lacked the authority to impose a federal moratorium without explicit congressional authorization, causing some 6 million people across the country to face eviction.
What is a Cease & Desist Letter?
A Cease and Desist Letter is a letter that requests that an individual or organization stop a specified action and refrain from doing it in the future, with a threat of legal action if the recipient fails to comply. A Cease and Desist Letter is different than a Cease and Desist Order, which is an order given by a judge to stop an illegal activity.
Who can send a Cease & Desist Letter?
Anyone can send a Cease and Desist Letter.
Applications will be reopening Feb 8, 2021! If you have been financially impacted due to COVID-19, the SD CARES Housing Assistance Program (SDCHAP) may be able to provide temporary rental, mortgage, or utility assistance.
This Online Application helps you start the process of applying for free legal help from South Dakota. Filling out the application does not mean that Legal Aid will help you. Legal Aid has limited resources and cannot assist everyone who needs help. The information collected in the application is only used to help Legal Aid decide if you are eligible for our help.
Application Process:
Before you go to the Online Application, let’s review the process. The process has 3 steps.
East River Legal Services will be hosting a monthly table talk on various topics via virtual meeting. See below for each month's topic and info. Click the button below to register.
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