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The People of the State of South Dakota
in the Interest of S.G.V.E. and A.G.V.E.,

Minor Children, and Concerning G.G.V.E., Respondent
[2001 SD 105]
South Dakota Supreme Court
Appeal from the Circuit Court of
The Seventh Judicial Circuit
Pennington County, South Dakota
Hon. Janine M. Kern, Judge

Mark Barnett
Attorney General
Ann M. Holzhauser
Assistant Attorney General
Pierre, South Dakota
Attorneys for appellee State of South Dakota
Nancy Manning
Rapid City, South Dakota
Attorney for appellant G.G.V.E., Mother.
John Murphy
Rapid City, South Dakota
Attorney for appellees S.G.V.E. and A.G.V.E., Children
Considered on Briefs July 26, 2001
Opinion Filed 8/15/2001


#21839 PER CURIAM
[¶ 1.] Mother, an enrolled member in the Oglala Sioux Tribe, appeals from the termination order involving her daughters, raising jurisdictional issues and questions regarding least restrictive alternative and the children’s best interests. The Indian Child Welfare Act (ICWA) applies to this case. We affirm.
FACTS AND PROCEDURE
[¶2.] A.G.V.E., the eldest daughter, and S.G.V.E., the youngest daughter, were born June 30, 1989, and August 22, 1990, respectively, and are presently ages 12 and 10. They moved with Mother from the Pine Ridge Indian Reservation to Rapid City on October 7, 1999. Until then, they lived on the reservation. On October 18, the Rapid City police and a Department of Social Services (DSS) worker responded to a report of domestic violence at Mother’s residence. They found two intoxicated adults (Mother’s sister and her boyfriend) and three children present. It was learned that three adults and five children lived in the home, though Mother told her landlord two adults and two children would be living there. The only furniture within was a single air mattress. The only food found was milk, ketchup and two frozen breakfast burritos. There were no plates, silverware or cooking utensils. The only other items found in the home were a sack of empty beer cans and an empty liquor bottle. The children had not attended school that day and had head lice. Mother arrived home at this time, intoxicated, with the children, and was arrested for non-support. The children were taken into DSS temporary custody and an abuse and neglect petition was filed October 22, 1999.
[¶3.] Mother is an alcoholic. In January 1997, the Oglala Sioux Tribe removed her children from her care due to problems related to her drinking and the abuse and neglect of her children. DSS began working with Mother on the Pine Ridge Indian Reservation at this time. The tribe returned the children to Mother

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