This action was instituted by the Director of Service Administration, Department of Public Welfare of the State of South Dakota. The petition alleged that K.D.E. was neglected or dependent in that she lacked proper parental care through the actions or omissions of her adoptive parents, D.C.E. and J.L.E. It was further alleged that the environment of the parental home was injurious to her welfare. This case was consolidated by order with a companion case involving an older adopted child, S.D.E., and tried in district county court wherein both children were declared neglected or dependent. The parents appealed to circuit court. Again the cases were consolidated and further, it was stipulated that testimony concerning both the adjudicatory and Dispositional hearings would be heard by the court in the same proceeding. The circuit court upheld the district county courts decision. Appellants then individually appealed the case involving K.D.E. to this court. The appellants next moved to vacate the judgment of the circuit court and for a new trial. The motion for a new trial was denied, but the motion to vacate judgment was granted for the sole purpose of permitting the appellants to file proposed Findings, Conclusions, Order of Adjudication and Decree of Disposition. On appeal the Assignments of Error in both cases are identical and, therefore, one opinion will be dispositive of both cases.
