Legal Framework by Stage
This document explains, stage by stage, what legal duties and prohibitions are triggered, what doctrines are implicated, and what legal questions arise — without asserting guilt, motive, or conclusions. It is designed to show why sequence and timing matter legally, not emotionally.
Stage 1 — Juvenile Representation (Trinity / JUV 08-97)
Governing Law & Duties
Juvenile defense attorneys owe:
- Undivided loyalty to the child client
- Advocacy for the child’s expressed interests, not third parties
- Heightened duties of competence, communication, and protection
Key principles include:
- ABA Model Rule 1.7 (Conflict of Interest)
- ABA Model Rule 1.14 (Client with Diminished Capacity)
- South Dakota Rules of Professional Conduct (mirroring ABA)
Legal Implications
When an attorney later represents an adverse party, or a party whose interests conflict with the former child client, successive-conflict concerns are raised even if years have passed.
Key legal question raised: Was informed consent obtained, and were Trinity’s interests independently protected?
Stage 2 — Protection Order Filed Against Dean (Robin + Trinity)
Governing Law & Duties
Protection orders require:
- Actual fear or threat, not assumed fear
- Standing of each petitioner
- Truthful representation of each petitioner’s wishes
An attorney representing multiple petitioners must ensure interests are aligned and that one client is not used to benefit another.
Legal Doctrines Implicated
- Conflict of Interest
- Abuse of Process
- Procedural Due Process
Key legal question raised: Was Trinity’s participation used to legitimize an outcome she did not seek?
Stage 3 — Courtroom Testimony & Objection to Trinity’s Statements
Governing Law & Duties
Mandatory reporter laws (SDCL 26-8A-3) require attorneys, judges, and court officers to report credible disclosures of child abuse.
Judicial duties include:
- Allowing relevant testimony
- Maintaining a complete and accurate record
- Protecting child witnesses rather than suppressing disclosures
Key legal question raised: If abuse was disclosed in open court, who had the duty to report — and was that duty fulfilled?
Stage 4 — Granting Robin’s Order / Denying Trinity’s
Governing Law & Duties
Courts must:
- Make individualized findings for each petitioner
- Avoid using one petitioner to obtain relief denied to another
Legal Doctrines Implicated
- Substantive Due Process
- Equal Protection
- Judicial Impartiality
Key legal question raised: Did the court impose restrictions affecting Trinity despite rejecting her stated fear?
Stage 5 — Post-Ruling Judicial Statements to Trinity
Governing Law & Duties
Judges must avoid:
- Ex parte influence
- Coercive or advisory statements unsupported by findings
- Prejudging danger absent evidence
Key legal question raised: Did the court’s post-ruling language align with its own findings?
Stage 6 — Detention of Dean Using the TPO
Governing Law & Duties
Use of a protection order to detain someone requires:
- A valid underlying order
- Lawful enforcement purpose
- Absence of pretext
Legal Doctrines Implicated
- False Imprisonment
- Color of Law Violations (42 U.S.C. § 1983)
- Obstruction of Justice (if process is misused)
Key legal question raised: Was the order enforced consistent with its lawful scope?
Stage 7 — Velda as State Witness & Commitment Filing
Governing Law & Duties
When an individual becomes both a state witness and a subject of commitment proceedings, the state must ensure:
- No coercion
- Independent evaluation
- Access to counsel and treatment
Legal Doctrines Implicated
- Witness Tampering
- Retaliation
- Professional Malpractice
Key legal question raised: Were Velda’s rights as a witness and patient independently protected?
Stage 8 — Removal of Travis
Governing Law & Duties
Child removal requires:
- Imminent danger
- Least restrictive alternative
- Provision of services before termination
Key legal question raised: Were required services provided before irreversible action was taken?
Stage 9 — Denial of Mental Health Services
Governing Law & Duties
States must:
- Provide treatment when mental health is a factor
- Ensure capacity to participate in proceedings
Key legal question raised: Can an order stand if the subject lacked capacity and was denied treatment?
Stage 10 — Judicial & Attorney Reporting Duties
Professional Duties
Attorneys must report judicial misconduct and ethical violations.
Judges must report attorney misconduct and conflicts affecting proceedings.
Failure to report does not automatically prove malice, but it may extend liability windows, undermine immunity protections, and allow continuing-violation doctrines to apply.
Plain-English Summary
This framework does not focus on a single decision. It explains how legal safeguards are intended to operate as a system. When safeguards fail at multiple stages — representation, court oversight, reporting, and services — the law recognizes that outcomes compound.