ARSD Article 67:14 — CHILD PROTECTION SERVICES

Chapter 67:14:01 General eligibility standards

ARSD 67:14:01:01 Transferred

Transferred to subdivisions 67:14:01:01.01(1) and (2).**

ARSD 67:14:01:01.01 Repealed

Definitions.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:14:01:01, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:01:01.02 Scope of chapter

Rules contained in this chapter apply to article 67:14 unless otherwise specifically indicated.

History

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 30, effective September 16, 1982; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-7.
Law Implemented: SDCL 26-4-7.

ARSD 67:14:01:02 Repealed

Signed application.** Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 30, effective September 16, 1982; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:01:03 Repealed

Determination of initial eligibility.** Repealed.

History

Source: SL 1975, ch 16, § 1; 2 SDR 49, effective January 7, 1976; SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:01:03.01 Services may have varying eligibility criteria

The department may establish distinct eligibility criteria for the different services available.

History

Source: 2 SDR 82, effective June 10, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-7.
Law Implemented: SDCL 26-4-7.

ARSD 67:14:01:03.02 Providers may determine eligibility

The provider of services purchased under contract by the department may determine eligibility if specified in the contract.

History

Source: 2 SDR 82, effective June 10, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-7.
Law Implemented: SDCL 26-4-7.

ARSD 67:14:01:04 Repealed

Time standard for determining eligibility.** Repealed.

History

Source: SL 1975, ch 16, § 1; 2 SDR 82, effective June 10, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 30, effective September 16, 1982; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:01:05 Repealed

Eligibility of children in legal custody.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 2 SDR 49, effective January 7, 1976.

ARSD 67:14:01:06 Repealed

Current recipient eligibility factors.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 2 SDR 49, effective January 7, 1976.

ARSD 67:14:01:07 Repealed

Former recipient eligibility factors.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 2 SDR 49, effective January 7, 1976.

ARSD 67:14:01:08 Repealed

Potential recipient eligibility factors.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 2 SDR 49, effective January 7, 1976.

ARSD 67:14:01:09 Repealed

Eligibility of emancipated child under 18 years of age.** Repealed

History

Source: SL 1975, ch 16, § 1; 2 SDR 49, effective January 7, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 30, effective September 16, 1982; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:01:10 Repealed

Essential person eligible for services.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 2 SDR 49, effective January 7, 1976.

ARSD 67:14:01:11 Repealed

Eligibility for day care services.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 2 SDR 49, effective January 7, 1976.

ARSD 67:14:01:12 Repealed

Eligibility waiver for individual whose life or health is in immediate danger.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 2 SDR 49, effective January 7, 1976.

ARSD 67:14:01:13 Repealed

Specialized services -- Eligibility.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 2 SDR 49, effective January 7, 1976.

ARSD 67:14:01:14 Repealed

Waiver of eligibility for specific social services.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 2 SDR 49, effective January 7, 1976.

ARSD 67:14:01:15 Repealed

Information and referral services to the general public.** Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 9 SDR 30, effective September 16, 1982.

ARSD 67:14:01:16 Case plan preparation -- Right to accept or reject a case plan

A written case plan, identifying the goal and any services and activities to achieve the goal, shall be developed with each family receiving child protective services and each child in the department's custody. Unless a service is court ordered, the family may accept or reject the case plan. A periodic review of the case plan shall be conducted as specified in the case plan. This rule applies to chapters 67:14:30 and 67:14:31.

History

Source: SL 1975, ch 16, § 1; 2 SDR 49, effective January 7, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 30, effective September 16, 1982; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-7(1)(6)(7).
Law Implemented: SDCL 26-4-7(1)(6)(7).

ARSD 67:14:01:17 Repealed

Right to fair hearing.** Repealed.

History

Source: SL 1975, ch 16, § 1; 2 SDR 49, effective January 7, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:01:18 Confidentiality

A client may request, either personally or through an authorized representative, any information from the client's records which the client has given the department directly. Information which has been supplied to or obtained by the department from other sources shall not be released to the client unless the person, agency, or organization furnishing the information to the department consents in writing to the release. Nothing in this section may be construed to require the release of information which is otherwise confidential under any statue, rule, or court order.

Cross-Reference: Confidential information, § 67:14:32:20.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 37 SDR 222, effective June 7, 2011.
General Authority: SDCL 28-1-32.
Law Implemented: SDCL 28-1-32.

ARSD 67:14:01:19 Repealed

Redetermination of eligibility.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 9 SDR 30, effective September 16, 1982.

ARSD 67:14:01:20 Repealed

Phase-in of eligibility for certain recipients of service.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:01:21 Repealed

Persons with income maintenance status.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:01:22 Repealed

Persons with income status.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 9 SDR 30, effective September 16, 1982.

ARSD 67:14:01:23 Repealed

Use of state median income to determine eligibility and fees.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; 3 SDR 63, effective March 17, 1977; 4 SDR 35, effective December 22, 1977; 6 SDR 86, effective February 26, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 30, effective September 16, 1982; 15 SDR 68, effective November 7, 1988; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:01:24 Transferred

Transferred to subdivision 67:14:01:01.01(4).**

ARSD 67:14:01:25 Repealed

Inclusions in the determination of monthly gross income.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; 3 SDR 63, effective March 17, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:01:26 Repealed

Exclusions from monthly gross income.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; 3 SDR 52, effective January 27, 1977; 3 SDR 63, effective March 17, 1977; 4 SDR 10, effective August 28, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 30, effective September 16, 1982; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:01:27 Repealed

Fee or copayment for service.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 30, effective September 16, 1982; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:01:28 Repealed

Family unit defined -- Applicability to article 67:14.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; 3 SDR 63, effective March 17, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:01:28.01 Repealed

Family unit defined -- Applicability to article 67:40.** Repealed.

History

Source: 2 SDR 82, effective June 10, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 9 SDR 30, effective September 16, 1982.

ARSD 67:14:01:29 Repealed

Cost of service.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; 6 SDR 86, effective February 26, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 30, effective September 16, 1982; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:01:30 Repealed

Vietnamese and Cambodian refugees.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 9 SDR 30, effective September 16, 1982.

ARSD 67:14:01:31 Repealed

Fees for home studies and investigations conducted for custody proceedings.** Repealed.

History

Source: 15 SDR 68, effective November 7, 1988; 20 SDR 196, effective May 29, 1994; repealed, 37 SDR 222, effective June 7, 2011.

Chapter 67:14:02 Services to unmarried parents, Repealed

ARSD 67:14:02 Repealed chapter

CHAPTER 67:14:02

SERVICES TO UNMARRIED PARENTS

(Repealed. 23 SDR 191, effective May 22, 1997)

Chapter 67:14:03 Services to families and children, Repealed

ARSD 67:14:03 Repealed chapter

CHAPTER 67:14:03

SERVICES TO FAMILIES AND CHILDREN

(Repealed. 2 SDR 49, effective January 7, 1976)

Chapter 67:14:04 Protective services, Repealed

ARSD 67:14:04 Repealed chapter

CHAPTER 67:14:04

PROTECTIVE SERVICES

(Repealed. 2 SDR 49, effective January 7, 1976)

ARSD 67:14:05 Repealed chapter

CHAPTER 67:14:05

TRAINING JOB RELATED SERVICES

(Transferred. 7 SDR 66, 7 SDR 89, effective July 1, 1981)

Code Commission Note: The substance of this chapter was transferred to ch 67:14:38. Sections not transferred were repealed.

Chapter 67:14:06 Family planning, Repealed

ARSD 67:14:06:01 Repealed

Definition of family planning.** Repealed.

History

Source: SL 1975, ch 16, § 1; 2 SDR 49, effective January 7, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:06:02 Repealed

Family planning services.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:06:03 Repealed

Direct counseling and casework services.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:06:04 Repealed

Referral services.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:06:05 Repealed

Persons eligible for family planning services.** Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:06:06 Repealed

Enabling services for eligible persons.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 2 SDR 82, effective June 10, 1976.

ARSD 67:14:06:07 Repealed

Persons eligible for family planning services.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 2 SDR 82, effective June 10, 1976; readopted, 4 SDR 35, effective December 22, 1977; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:06:08 Repealed

Community planning.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:06:09 Repealed

Distribution of information.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:06:10 Repealed

Fee or copayment for family planning services.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; 3 SDR 63, effective March 17, 1977; repealed, 4 SDR 35, effective December 22, 1977.

Chapter 67:14:08 Adult services, Repealed

ARSD 67:14:08 Repealed chapter

CHAPTER 67:14:08

ADULT SERVICES

(Repealed. 2 SDR 49, effective January 7, 1976)

Chapter 67:14:09 Developmental disabilities, Repealed

ARSD 67:14:09 Repealed chapter

CHAPTER 67:14:09

DEVELOPMENTAL DISABILITIES

(Repealed. 2 SDR 82, effective June 10, 1976)

Chapter 67:14:10 Volunteer service program, Repealed

ARSD 67:14:10 Repealed chapter

CHAPTER 67:14:10

VOLUNTEER SERVICE PROGRAM

(Repealed. 23 SDR 191, effective May 22, 1997)

Chapter 67:14:11 Investigations of adoption petitions

ARSD 67:14:11:01 Content of investigation

Upon the department's receipt of a copy of the adoption petition, the department shall conduct an investigation as to the desirability for the adoption. The investigation shall include personal interviews with the petitioners seeking adoption of the child; interviewing the child who is over the age of six; inspection of information from case records of the department, exclusive of any privileged communication; inspection of information obtained from medical, financial, or other references; and inspection of information provided by other social agencies.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-9.1(1)(3).
Law Implemented: SDCL 26-4-9.1(1)(3).

ARSD 67:14:11:02 Responsibility for investigation of adoption petitions

A licensed child placement agency in this state shall be responsible for the investigation when the child has been placed in the home of the petitioners by that agency or when it has knowledge and has provided service for the adoptive placement on behalf of a child placement agency in another state. The department shall make the investigation of all petitions for adoption where the child was placed by the department.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 37 SDR 222, effective June 7, 2011.
General Authority: SDCL 26-4-9.1.
Law Implemented: SDCL 26-4-9.1.

ARSD 67:14:11:03 Recommendation

After the investigation, the department or licensed child placement agency shall submit its recommendations to the judge of the court in which the adoption petition was filed. The recommendation shall be in writing. The department's recommendation shall be signed by the secretary of the department or the division director of Child Protection Services. The licensed child placement agency's recommendation shall be signed by a designee of the agency.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-9.1.
Law Implemented: SDCL 25-6-11, 26-4-9.1.

ARSD 67:14:11:03.01 Repealed

Basis for recommendation.** Repealed.

History

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:11:04 Repealed

Adult adoption.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Chapter 67:14:12 Day care services, Transferred

ARSD 67:14:12 Repealed chapter

CHAPTER 67:14:12

DAY CARE SERVICES

(Transferred. 7 SDR 66, 7 SDR 89, effective July 1, 1981)

Code Commission Note: The substance of this chapter was transferred to ch 67:14:38. Sections not transferred were repealed.

Chapter 67:14:13 Foster care, Transferred

ARSD 67:14:13 Repealed chapter

CHAPTER 67:14:13

FOSTER CARE

(Transferred. 7 SDR 66, 7 SDR 89, effective July 1, 1981)

Code Commission Note: The substance of this chapter was transferred to ch 67:14:31. Sections not transferred were repealed.

Chapter 67:14:14 Subsidized adoption regulations

ARSD 67:14:14:01 Definition of subsidized adoption

Subsidized adoption through the department is an adoption plan in which the department accepts partial financial responsibility for a child after the child's legal adoption has been consummated.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-64.
Law Implemented: SDCL 28-1-64.

ARSD 67:14:14:02 Eligibility criteria for child

A child is considered eligible for subsidized adoption under the following circumstances:

(1) When the legal authority to place and to consent to the child's adoption is held by the department;

(2) If the child was not adopted under a subsidized adoption agreement, the child would need to be supported by public foster care funds administered by the department;

(3) When special needs and circumstances of the child result in a limited number of suitable adoptive homes being available necessitating the use of a subsidized adoptive home. The special needs and circumstances include:

(a) A child's age, race, or religion;

(b) A child with a physical, emotional, neurological, or intellectual disability;

(d) A child needing extensive ongoing or anticipated medical care or therapy; and

(e) When adoption by the foster parents with whom the child is living is the only appropriate plan; or

(4) If the child is eligible for supplemental security income disability benefits.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 37 SDR 222, effective June 7, 2011.
General Authority: SDCL 28-1-64.
Law Implemented: SDCL 28-1-64.

ARSD 67:14:14:03 Eligibility criteria for adoptive family

The adoptive family shall be approved for subsidized adoptive placement by the department. The family shall meet all regulations of the department for adoption except for the ability to assume full financial responsibility for the child.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 37 SDR 222, effective June 7, 2011.
General Authority: SDCL 28-1-64.
Law Implemented: SDCL 28-1-64.

ARSD 67:14:14:04 Types of subsidy

The following types of subsidies are available to adoptive families:

(1) A maintenance subsidy is a monthly payment to the adoptive family to help meet the cost of the every day needs of the child. The maintenance subsidy is in effect until the child attains the age of 18, or until the child attains the age of 19 if the child is a full-time student in a secondary school;

(2) A Title XIX of the federal Social Security Act (42 U.S.C. ch 7, as amended to January 1, 2014), medical and surgical subsidy may be used for a preexisting physical or dental condition known at or before completion of legal adoption. The medical services may include physician services, hospital charges, drugs, or a prosthesis. Title XIX medical will pay only when there is no other insurance benefits available for the adopted child. Costs outside of Title XIX coverage shall be specifically spelled out in the subsidy agreement; and

(3) A special nonmedical subsidy covers costs which are incidental to the care of the child and may include special or remedial training or education relating to the child's medical treatment or condition, psychological testing, psychiatric treatment, and special education relating to the child's emotional and intellectual problems known before completion of legal adoption; transportation expense for the child to obtain authorized medical services, special education services, and remedial psychological services; expense for a parent to take a child for medical treatment when the facility is remote from the location of the adoptive home; and training for the adoptive parents related to their providing special care or training for the child.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 28-1-64.
Law Implemented: SDCL 28-1-64.

ARSD 67:14:14:05 Amount of subsidy

The amount of the maintenance, medical, or special subsidy must be flexible according to the needs and circumstances of both the adoptive family and the child. The family's income, resources, and obligations must be considered in determining the amount of the subsidy. No subsidy may be authorized for, or paid to, an adoptive family eligible for benefits under the family's medical insurance; supplemental security income; Title XIX funds for the child of a TANF family; vocational rehabilitation funds; public health program funds such as children and youth with special health care needs (CSHCN), old-age survivors insurance or veterans administration grants from either the biological or adoptive parents; or funds for the child from any other source. A maintenance subsidy may not exceed the basic foster care rate. A medical subsidy must follow the medical services program of the department.

A child may qualify for a subsidy at a rate higher than the current basic foster care rate if:

(1) The child has a medical condition that is determined to be lifelong and requiring specialized care;

(2) The child has a disability requiring ongoing specialized treatment or mental health treatment and a higher level of supervision in the home;

(3) The child has experienced a prior dissolved adoption; or

(4) The child resides in an institution, and financial incentive is the only means of securing an adoptive family.

These determinations are made by the department on a case by case basis. The department shall maintain written documentation on the child's circumstances that support the determination.

Cross-Reference: Medical services, art 67:16.

History

Source: SL 1975, ch 16, § 1; 3 SDR 85, effective June 21, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 44 SDR 94, effective December 4, 2017; 47 SDR 24, effective September 10, 2020.
General Authority: SDCL 28-1-64.
Law Implemented: SDCL 28-1-64.

ARSD 67:14:14:06 Repealed

Source of funds for subsidy for Indian children.** Repealed.

History

Source: SL 1975, ch 16, § 1; 3 SDR 85, effective June 21, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective November 21, 1983.

ARSD 67:14:14:07 Adoption subsidy agreement required

There shall be a signed agreement for subsidized adoption between the department and the adoptive parents. An agreement shall be completed before the adoption decree. No adoptive subsidy payment shall be made before an agreement is completed. The agreement shall define the responsibilities of the parties to the agreement, the payment the department will make, the basis for amendment or termination of the agreement, and the effective date of the agreement.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-64.
Law Implemented: SDCL 28-1-64.

ARSD 67:14:14:08 Termination of subsidy agreements

The department may terminate an adoption subsidy agreement upon 60 days written notice to the adoptive parents by certified mail if:

(1) The adoptive parents fail to complete legal adoption within two years after the effective date of subsidy payment;

(2) The subsidy is no longer needed and this fact is determined by the department;

(3) The child is receiving benefits from another source, except that continuation of a subsidy may be permitted for such amounts and items not covered under the benefits received; or

(4) Legal or legislative action suspends the authority of the department to continue adoption subsidies.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-64.
Law Implemented: SDCL 28-1-64.

ARSD 67:14:14:09 Repealed

Automatic termination of subsidy agreement.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:14:10 Modification, amendment, rescission, or cancellation of subsidy agreement

The subsidy agreement may be modified, amended, rescinded, or canceled at any time in writing by mutual agreement of the adoptive parents and the department. An oral modification shall have no effect.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-64.
Law Implemented: SDCL 28-1-64.

ARSD 67:14:14:11 Responsibilities of placing agency after subsidy agreement completed

The agency which placed the child for adoption is designated as the representative of the department. It has the responsibility to report promptly to the department any changes in the condition of the child or the adoptive parents which could affect the terms of the subsidy agreement. By written agreement between the department and the placing agency, when placement is not made by the department, the department shall assume direct responsibility for ascertaining continuing eligibility for the adoption subsidy.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-64.
Law Implemented: SDCL 28-1-64.

ARSD 67:14:14:12 Responsibilities of the adoptive parents to substantiate continuing subsidy eligibility

The adoptive parents shall notify the department within thirty days of any change of address; change in the child's needs; the child's death, marriage, or removal from the home; or receipt of social security or supplemental security income. They shall provide or permit medical substantiation for the child's continuing eligibility for medically related subsidy.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 37 SDR 222, effective June 7, 2011.
General Authority: SDCL 28-1-64.
Law Implemented: SDCL 28-1-64.

ARSD 67:14:14:13 Suspension of subsidy

The department may suspend payment of an adoption subsidy to the adoptive parents if:

(1) The child has been removed from the adoptive home due to a report of child abuse or neglect; or

(2) The child no longer resides in the adoptive home, and the adoptive parents are no longer responsible for the child financially.

History

Source: 37 SDR 222, effective June 7, 2011.
General Authority: SDCL 28-1-64.
Law Implemented: SDCL 28-1-64.

Chapter 67:14:15 Adult foster care, Repealed

ARSD 67:14:15 Repealed chapter

CHAPTER 67:14:15

ADULT FOSTER CARE

(Repealed. 4 SDR 2, effective July 25, 1977)

Code Commission Note: The rules governing adult foster care are now found in ch 67:42:02.

Chapter 67:14:16 Adoption regulations, Repealed

ARSD 67:14:16 Repealed chapter

CHAPTER 67:14:16

ADOPTION REGULATIONS

(Repealed. 2 SDR 62, effective April 5, 1976)

Code Commission Note: The rules governing adoption are now found in ch 67:14:32.

Chapter 67:14:17 Foster day care homes, Repealed

ARSD 67:14:17 Repealed chapter

CHAPTER 67:14:17

FOSTER DAY CARE HOMES

(Repealed. 4 SDR 2, effective July 25, 1977)

Chapter 67:14:18 Foster group day care homes, Repealed

ARSD 67:14:18 Repealed chapter

CHAPTER 67:14:18

FOSTER GROUP DAY CARE HOMES

(Repealed. 4 SDR 2, effective July 25, 1977)

Chapter 67:14:20 Care in relatives homes, Repealed

ARSD 67:14:20 Repealed chapter

CHAPTER 67:14:20

CARE IN RELATIVES HOMES

(Repealed. 4 SDR 2, effective July 25, 1977)

Chapter 67:14:21 Family foster homes, Repealed

ARSD 67:14:21 Repealed chapter

CHAPTER 67:14:21

FAMILY FOSTER HOMES

(Repealed. 4 SDR 2, effective July 25, 1977)

Code Commission Note: The rules governing family foster homes are now found in ch 67:42:05.

Chapter 67:14:24 Interstate placement of children

ARSD 67:14:24:01 Interstate placement requires department's approval

The department's approval shall be required for the placement of a child out of this state, and for the placement of a child into South Dakota from outside the state when the child will be living in a home other than the home of a legally responsible parent, relative, or guardian or in a facility or institution which is primarily educational or medical in character.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-13-1 (Art. VII).
Law Implemented: SDCL 26-13-1 (Art. III).

ARSD 67:14:24:02 Applicability of regulations of this chapter

Regulations contained in this chapter shall not apply to interstate placements made under the interstate compact on juveniles pursuant to SDCL 26-12.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-13-1 (Art. VII).
Law Implemented: SDCL 26-13-1 (Art. VIII).

ARSD 67:14:24:03 Repealed

Approval given by director of service administration.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:24:04 Approval required for commitment of financial responsibility of state

The department shall approve interstate placements which impose a financial obligation on the state.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-13-1 (Art. VII).
Law Implemented: SDCL 26-13-1 (Art. V).

ARSD 67:14:24:05 Prerequisites for approval

Prior to approval of an interstate placement, the department shall determine whether or not the interstate placement will promote the child's best interests and well being. In making this determination, the department shall consider the individual needs of the child, the suitability of the home or the facility where the child is to be placed, the legal authority and the financial responsibility of the person or agent who wishes to place the child, and the continued supervision by a licensed agency in the receiving state which would be available after placement.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-13-1 (Art. VII).
Law Implemented: SDCL 26-13-1 (Art. VIII).

ARSD 67:14:24:06 Children for whom interstate placement is appropriate

Interstate placement of children is appropriate when:

(1) The department or licensed child-placing agency retains jurisdiction over a child living with foster parents or relatives who are moving to another state;

(2) A suitable adoptive home is not available for a child in the state in which the child has been living;

(3) A child requires special treatment facilities which are not available in the child's resident state;

(4) A child has familial ties to relatives living in a different state; or

(5) A child has previously established relationships with a nonrelated family in another state.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-13-1 (Art. VII).
Law Implemented: SDCL 26-13-1 (Art. III).

ARSD 67:14:24:07 Authority for interstate placement

The department shall not place a child outside this state unless:

(1) Parental rights for the child have been terminated or limited by a court in a divorce decree, dependency, neglect, delinquency order, or order under voluntary termination of parental rights;

(2) The relative placing the child has responsibility for the care, custody, and control of the child;

(3) The legal guardian, other than a child placement agency, has responsibility for the care, custody, and control of the child;

(4) A court has taken responsibility in determining the out-of-state placement of the child; or

(5) A licensed or authorized child placement agency has responsibility for a temporary out-of-state placement of a child requiring treatment or specific therapy not available within the state.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-13-1 (Art. VII).
Law Implemented: SDCL 26-13-1 (Art. III).

ARSD 67:14:24:08 Required information about the child

When the placement of a child from South Dakota is proposed outside the state, a request by a worker for the department or a licensed child placing agency to place the child shall be submitted to the department. The request shall state the reasons for interstate placement and shall define the legal and financial responsibility of the person or agency proposing the placement. Similar information shall be required by the department when a child from another state is referred for placement in South Dakota.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-13-1 (Art. VII).
Law Implemented: SDCL 26-13-1 (Art. III).

ARSD 67:14:24:09 Requirements regarding out-of-state placement facility

When a specific out-of-state placement facility is being considered by the department at the time a child is referred for approval for interstate placement, information known and available about the facility shall be submitted by the facility to the department. This information shall contain:

(1) Evidence that the facility is licensed by the resident state; and

(2) A statement as to the possible existence of a prior negotiated contract with the department or a child-placing agency.

Any additional information available shall likewise be submitted to the department.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-13-1 (Art. VII).
Law Implemented: SDCL 26-13-1 (Art. III).

ARSD 67:14:24:09.01 Study and evaluation

A study and evaluation of an out-of-state placement facility shall be made by an agency licensed or authorized for child placement. The study and evaluation shall be based on the other state's child placement standards and shall be submitted by the out-of-state agency to the department prior to placement of a child.

History

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-13-1 (Art. VII).
Law Implemented: SDCL 26-13-1 (Art. III).

ARSD 67:14:24:10 Required financial responsibility

The child-placing agency, guardian, parent, relative, or court desiring interstate placement of a child shall verify the financial responsibility of the child, including the return to the child's home state. If support for the child comes from a source other than the person or agent making the placement, verification of the financial responsibility from that source is required.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-13-1 (Art. VII).
Law Implemented: SDCL 26-13-1 (Art. V).

ARSD 67:14:24:11 Post placement services required

The department or the licensed child placement agency shall provide staff for the continued supervision or monitoring of the interstate placement of children. When the child is placed in another state, supervision shall be provided by an agency approved by the department. Progress reports on the placement shall be submitted quarterly, or upon request, to the department by the agency responsible for the supervision or monitoring. The department shall be notified when the child is adopted, moved to a different care facility in the state, or returned to the state of origin.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-13-1 (Art. VII).
Law Implemented: SDCL 26-13-1 (Art. V).

ARSD 67:14:24:12 Department to cooperate in proposed or completed placement

The department shall cooperate in making investigations, reports, and recommendations regarding the circumstances and suitability of any proposed or completed interstate placement in a situation where responsibility is not carried by a licensed child placement agency in South Dakota. Requests may be made by South Dakota courts, responsible parents, relatives, or a guardian or by the responsible state department of another state.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-13-1 (Art. VII).
Law Implemented: SDCL 26-13-1 (Art. V).

ARSD 67:14:24:13 Notification to legal authorities of placement by unauthorized agent

When the department learns of a proposed or completed placement of a child in or from the state by a person who does not have legal authority to place children under South Dakota law, the department shall notify the state's attorney and the proper authorities in the state where the child is to be or has been placed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-13-1 (Art. VII).
Law Implemented: SDCL 26-13-1 (Art. IV).

ARSD 67:14:24:14 Interstate placement agreement required for placement of a child in South Dakota

When the legal authority for a child placed in South Dakota is held by an authorized or licensed child-placing agency in another state, that agency shall sign an interstate placement agreement on forms provided by the department. The agreement shall contain the conditions and degree of responsibility of that agency.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-13-1 (Art. VII).
Law Implemented: SDCL 26-13-1 (Art. III).

ARSD 67:14:24:15 Interstate placement agreement required by another state

The secretary of the department or a designee shall sign an interstate placement agreement required by another state when the department has approved the interstate placement of a South Dakota child.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-13-1 (Art. VII).
Law Implemented: SDCL 26-13-1 (Art. III, VII, and X).

Chapter 67:14:25 Purchase of service, Repealed

ARSD 67:14:25:01 Repealed

Scope of chapter.** Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:25:02 Repealed

Providers shall meet standards of the department.** Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:25:03 Repealed

Agreements or contracts shall be established with providers.** Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:25:04 Repealed

Community providers to provide information as specified within agreements or contracts.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:25:05 Repealed

Use of donated funds.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 2 SDR 49, effective January 7, 1976.

ARSD 67:14:25:06 Repealed

Application of the rules of the division.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:25:07 Repealed

Time limit on the receipt of a claim for social services.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:25:08 Repealed

Records to be maintained by the contracted provider.** Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

Chapter 67:14:26 Educational shelter care, Repealed

ARSD 67:14:26 Repealed chapter

CHAPTER 67:14:26

EDUCATIONAL SHELTER CARE

(Repealed. 7 SDR 66, 7 SDR 89, effective July 1, 1981)

Chapter 67:14:28 Service to families and children, Repealed

ARSD 67:14:28:01 Repealed

Definition of basic service to families and children.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; 4 SDR 35, effective December 22, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:28:02 Repealed

Persons eligible for basic service to families and children.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:28:03 Repealed

Fee for service.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Chapter 67:14:30 Child protective services

ARSD 67:14:30:01 Definition of child protective services

"Child protective services," are services provided to a child for whom there is alleged abuse or neglect. These services may include assessment of child abuse and neglect reports, evaluating whether a child is exposed to threats to safety, assessment of a parent's or caretaker's ability to protect the child, establishment of a present danger plan, provision of emergency foster care, establishment of a safety plan, and interventions and services to change negative behaviors and conditions that make a child unsafe.

Cross Reference: Abuse of or cruelty to minor as felony--Reasonable force as defense--Limitation of action, SDCL 26-10-1.

History

Source: 2 SDR 49, effective January 7, 1976; 3 SDR 38, effective November 23, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017; 47 SDR 24, effective September 10, 2020.
General Authority: SDCL 26-4-7(1)(6)(7).
Law Implemented: SDCL 26-4-7(1)(6)(7).

ARSD 67:14:30:02 Children eligible for child protective services

A child is eligible for child protective services if the child is under 18 years of age, and the child is alleged or determined to be unsafe because the individuals responsible for the child's care are unable or unwilling to keep the child safe from harm or threats of harm or if a child is abused or neglected as defined in SDCL 26-8A-2.

History

Source: 2 SDR 49, effective January 7, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-7(1)(6)(7).
Law Implemented: SDCL 26-4-7(1)(6)(7).

ARSD 67:14:30:03 Repealed

Use of emergency services.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:30:04 Repealed

Protection** of legal rights of parents. Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:30:05 Repealed

Emergency removal of a child.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:30:06 Receipt and assessment or investigation of reports

The department shall provide for 24-hour receipt of reports of a child alleged to be exposed to harm or threats of harm by a parent, guardian, or custodian responsible for the child's care and reports of child abuse or neglect through agreements with law enforcement agencies or other community-based agencies. The department shall provide immediate or prompt assessment or investigation of reports made to the department by any person who makes a report under the provisions of SDCL 26-8A-3 alleging that a child is in need of protective services. The department shall offer protective services to the family and may make referral to the court of competent jurisdiction upon confirmation of need for child protective services. If a report received by the department implicates involvement of a foster parent or person employed by the department, the department shall request a review of the report by the state's attorney.

Editor's Note: The Legislative Research Council substituted "SDCL 26-8A-3" for "SDCL 26-10-10" and "SDCL 26-8A-9" for "SDCL 26-10-12.1" in the text in this section pursuant to the transfers accomplished by SL 1991, ch 217, §§ 112B and 118B, effective July 1, 1991.

History

Source: 2 SDR 49, effective January 7, 1976; 3 SDR 38, effective November 23, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-7.
Law Implemented: SDCL 26-4-7.

Chapter 67:14:31 Alternative care

ARSD 67:14:31:01 Transferred

Transferred to § 67:14:31:21.**

ARSD 67:14:31:02 Transferred

Transferred to § 67:14:31:23.**

ARSD 67:14:31:03 Transferred

Transferred to § 67:14:31:22.**

ARSD 67:14:31:04 Transferred

Transferred to § 67:14:31:31.**

ARSD 67:14:31:05 Repealed

Rates of payment for group homes and group care centers.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:31:06 Transferred

Transferred to § 67:14:31:36.**

ARSD 67:14:31:07 Transferred

Transferred to § 67:14:31:34.**

ARSD 67:14:31:08 Transferred

Transferred to § 67:14:31:24.**

ARSD 67:14:31:09 Repealed

Use of state funds in financing maintenance or service costs of alternative care service.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:31:10 Transferred

Transferred to § 67:14:31:35.**

ARSD 67:14:31:11 Transferred

Transferred to § 67:14:31:33.**

ARSD 67:14:31:12 Transferred

Transferred to § 67:14:31:37.**

ARSD 67:14:31:13 Repealed

Monthly allowance for food when child is in boarding school.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:31:14 Transferred

Transferred to § 67:14:31:38.**

ARSD 67:14:31:15 Transferred

Transferred to § 67:14:31:39.**

ARSD 67:14:31:16 Transferred

Transferred to § 67:14:31:40.**

ARSD 67:14:31:17 Transferred

Transferred to § 67:14:31:41.**

ARSD 67:14:31:18 Transferred

Transferred to § 67:14:31:25.**

ARSD 67:14:31:19 Transferred

Transferred to § 67:14:31:57.**

ARSD 67:14:31:20 Transferred

Transferred to § 67:14:31:58.**

ARSD 67:14:31:21 Definitions

As used in this chapter:

(1) "AFDC" means aid to families with dependent children pursuant to article 67:12;

(2) "Alternative care" means the provision of basic family foster care, specialized foster care, family treatment foster care, group care center services, residential treatment center services, intensive residential treatment services, and emergency foster care for children as provided under this chapter, or other types of care placement as defined by SDCL chapter 26-13;

(3) "Alternative care placement services" means the identification of a need for an alternative living arrangement, including the matching of a child with an appropriate resource; the development of a case plan, including routine supervision of the child; the periodic evaluation of need; the determination of need for changes and planning in relation to the child's legal custody status; and the movement of a child to the child's own home or other permanent living arrangement, including adoption as defined in chapter 67:14:32;

(4) "Alternative services" means services as defined in § 67:42:07:01;

(5) "Basic family foster care," means the 24-hour care, supervision, and substitute parenting of a child, outside of the child's own home. Basic family foster care includes teaching life skills, such as eating and bathing, and providing for social, religious, economic, and educational experiences in keeping with the child's age and development. All other types of family foster care defined in this chapter include the provision of basic family foster care;

(6) "Emergency foster care" means a service provided to a child for whom immediate removal from the current living situation is required to ensure the child's protection and safety;

(7) "Family treatment foster care" means a service that provides mental health support and case management to a foster home with a child in the care of the foster home who has significant emotional trauma or behavioral needs that require a higher level of foster care for mental health support and case management;

(8) "Group care center" means a facility as defined in § 67:42:07:01;

(9) "Intensive residential treatment center" means a facility as defined in § 67:42:15:01;

(10) "Maintenance cost" means costs experienced in meeting essential needs, including food, clothing, shelter, and routine supervision;

(11) "Residential treatment center" means a facility as defined in § 67:42:08:01;

(12) "School of origin" means the school in which a child is enrolled at the time of placement in foster care or the school in which a child is enrolled at the time of a placement change;

(13) "Service costs" means costs incurred in the provision of treatment to meet a child's physical or mental health needs;

(14) "Shelter care" means a facility as defined in § 67:42:07:01;

(15) "Specialized foster care" means a 24-hour service directed toward the improvement of a complex set of conditions or impairments, as in a physical or mental disability or behavioral need based on a case plan; and

(16) "State review team" means the team as defined in § 67:16:47:04.01.

History

Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:31:01, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017; 47 SDR 24, effective September 10, 2020.
General Authority: SDCL 26-4-7.
Law Implemented: SDCL 26-4-7.

ARSD 67:14:31:22 Repealed

Fee for alternative child care services.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:31:03, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; 15 SDR 68, effective November 7, 1988; 17 SDR 157, effective April 23, 1991; 21 SDR 194, effective May 18, 1995; 28 SDR 112, effective February 20, 2002; 34 SDR 180, effective December 26, 2007; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:31:22.01 Repealed

Waiver of alternative child care service fees.** Repealed.

History

Source: 34 SDR 180, effective December 26, 2007; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:31:23 Persons eligible for alternative care services

In addition to the eligibility criteria established in § 67:14:30:02, one of the following conditions must exist before services under this chapter may be provided:

(1) The department or licensed child placement agency has been assigned care, control, and custody of the child by a court of competent jurisdiction including tribal courts. Tribal courts may retain legal custody but the tribal court order shall contain authority for the department or licensed child placement agency to place and care for the child; or

(2) The department has been assigned temporary care, control, and custody by the parent or guardian of the child for a period not to exceed 30 days with provision to renew the agreement for an additional 30 days. If a change in legal status of the child is contemplated, the decision regarding the change shall be made within the 60-day period.

History

Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:31:02, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; 37 SDR 222, effective June 7, 2011.
General Authority: SDCL 26-4-7, 28-8-28.
Law Implemented: SDCL 26-4-7, 28-8-28.

ARSD 67:14:31:24 Need for continued alternative care to be determined by the permanency planning review team or court -- Permanency planning reviews

The alternative care placement of a child remaining in care for six continuous months or more shall be reviewed every six months by the permanency planning review team or a court of competent jurisdiction.

The permanency planning review team shall be composed of the following individuals:

(1) The child;

(2) The child's parents, unless parental rights have been terminated;

(3) The child's family services specialist and other department staff as appropriate;

(4) The alternative care provider;

(5) A tribal representative, if applicable; and

(6) Other individuals of the child's choosing, if the child is 12 years of age or older.

The permanency planning review team or court shall determine the continuing necessity for the alternative placement and shall project a likely date by which the child may be returned home, into an alternative permanent living arrangement or guardianship, or placed for adoption.

History

Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:31:08, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-7.
Law Implemented: SDCL 26-4-7.

ARSD 67:14:31:25 Extension of alternative care service to children after age 18

A child entering a placement before reaching age 18 and remaining in placement at the time the child reaches age 18 may be allowed to continue in placement until completion of the twelfth grade if the child is regularly attending school full-time. This placement shall terminate on completion of the twelfth grade or when the child attains age 21, whichever occurs first.

History

Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:31:18, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-7.
Law Implemented: SDCL 26-4-7, 26-6-6.1.

ARSD 67:14:31:26 Reimbursement for family foster care, group care, residential treatment, and intensive residential treatment

To receive reimbursement from the department for services rendered, an alternative care provider shall meet applicable licensing criteria and have a signed agreement with the department.

History

Source: SL 1975, ch 16, § 1; 2 SDR 31, effective October 30, 1975; 3 SDR 20, effective September 19, 1976; transferred from § 67:14:13:23, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-7.
Law Implemented: SDCL 26-4-7.

ARSD 67:14:31:27 Repealed

Rates for therapeutic and diagnostic foster care.** Repealed.

History

Source: SL 1975, ch 16, § 1; 2 SDR 31, effective October 30, 1975; 3 SDR 20, effective September 19, 1976; transferred from § 67:14:13:24, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 96, effective December 9, 1985.

ARSD 67:14:31:28 Repealed

Rates for specialized treatment foster care.** Repealed.

History

Source: SL 1975, ch 16, § 1; 2 SDR 31, effective October 30, 1975; 3 SDR 20, effective September 19, 1976; transferred from § 67:14:13:25, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 96, effective December 9, 1985.

ARSD 67:14:31:29 Repealed

Rates of payment for group care centers, basic group living centers, and residential treatment centers.** Repealed.

History

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 96, effective December 9, 1985.

ARSD 67:14:31:30 Repealed

Rates for emergency foster care.** Repealed.

History

Source: SL 1975, ch 16, § 1; 2 SDR 31, effective October 30, 1975; 3 SDR 20, effective September 19, 1976; transferred from § 67:14:13:32, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 96, effective December 9, 1985.

ARSD 67:14:31:31 Repealed

Reimbursement to licensed voluntary agencies for alternative care service.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:31:04, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 96, effective December 9, 1985.

ARSD 67:14:31:32 Time limit on receipt of claims for foster care

No claims for foster care shall be recognized for payment if the claims are not received by the department within four months after the services were rendered, with the exception of claims given prior approval by the department.

History

Source: 2 SDR 31, effective October 30, 1975; transferred from § 67:14:13:53, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-7(2)(7).
Law Implemented: SDCL 26-4-7(2)(7).

ARSD 67:14:31:33 Child's own funds in financing foster care

A child's own funds shall be used before the allocation of state or federal funds to finance the child's foster care. The child's own funds may include contributions from the child's family, child support, social security, supplemental security income, veterans benefits, or inheritances.

History

Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:31:11, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-7(2)(7).
Law Implemented: SDCL 26-4-7(2)(7).

ARSD 67:14:31:34 Repealed

ADC funds used in financing maintenance costs for alternative care.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:31:07, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:31:35 Repealed

Bureau of Indian affairs contract and funds.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:31:10, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:31:36 Repealed

Parental or legal guardian's responsibility for clothing.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:31:06, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:31:37 Repealed

Treatment of earned income.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:31:12, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:31:38 Payments for personal needs of children in foster care

Reimbursement for personal needs, incidentals, and clothing allowance shall be made to the foster care provider in the monthly payment for care and service, unless otherwise specified by agreement.

History

Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:31:14, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-7(2).
Law Implemented: SDCL 26-4-7(2).

ARSD 67:14:31:39 Repealed

Payments during temporary absence from foster care.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:31:15, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:31:40 Computation of days in care

In computing days in care, the day the child is placed in care shall be counted but not the day the child is removed. When a child is admitted and removed from care on the same day it shall be counted as one full day of alternative care.

History

Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:31:16, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-7(2).
Law Implemented: SDCL 26-4-7(2).

ARSD 67:14:31:41 Repealed

Payment of required school fees.** Repealed.

History

Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:31:17, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; repealed, 37 SDR 222, effective July , 2011.

ARSD 67:14:31:42 Repealed

Payment for health care.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:35, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:31:43 Repealed

Time limit for receipt of claims for medical or dental services.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:36, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:31:44 Repealed

Payment for dental care.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:37, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:31:45 Repealed

Payment for orthodontia treatment.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:38, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:31:46 Repealed

Qualified orthodontists.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:40, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:31:47 Repealed

Orthodontia charges.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:39, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:31:48 Repealed

Orthodontia transportation expenses paid.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:50, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:31:49 Repealed

Payment of special services.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:41, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:31:50 Repealed

School insurance premiums.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:52, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:31:51 School transportation expenses paid

Transportation expenses may be paid by the department when foster parents are required to transport children to school and this expense is not reimbursed by the school district or the Department of Education. The cost of transportation must be based on the number of miles traveled for the average school month and must be added to the foster parent's monthly request for payment. Mileage is reimbursed at the rate established in SDCL 3-9-1, as applicable, for the use of a privately owned automobile. The department may not pay transportation expenses when a foster parent also transports the parent's own children to the same school.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:48, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017; 47 SDR 24, effective September 10, 2020; 51 SDR 1, effective July 1, 2024.
General Authority: SDCL 26-4-7(2).
Law Implemented: SDCL 26-4-7(2).

ARSD 67:14:31:52 Repealed

Vacation transportation expenses paid.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:49, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 37 SDR 222, effective July 7, 2011.

ARSD 67:14:31:53 Repealed

Evaluation interview transportation expenses paid.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:51, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 96, effective December 9, 1985.

ARSD 67:14:31:54 Payment of out-of-state foster care

If a foster parent moves out-of-state with a child in foster care, the department shall reimburse the foster parent at the foster care rate established by that state or South Dakota's foster care rate, once the foster parent is licensed in the new state. The rate must be negotiated between South Dakota and the new state.

If the department places a South Dakota child into an out-of-state foster home, the department may reimburse the out-of-state foster parent at the foster care rate established by that state.

Cross-References: Authorization required for relocation, § 67:14:31:55; Authorization of out-of-state placements, § 67:14:31:56.

History

Source: 1 SDR 30, effective October 13, 1974; transferred from § 67:14:13:43.01, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017; 47 SDR 24, effective September 10, 2020.
General Authority: SDCL 26-4-7(2).
Law Implemented: SDCL 26-4-7(2), 26-13-1(Article V).

ARSD 67:14:31:55 Authorization required for relocation

The department may authorize a South Dakota foster parent who is moving from the state to take the child in foster care with the foster parent if the removal of the child to the new state is determined to be in the child's best interests and is consistent with the child's permanent plan.

If the department has been granted temporary custody of the child through a court order, the department must have the court's written concurrence with the plan before the child may be removed from this state.

The movement of a child in foster care who is a resident of South Dakota by a foster parent licensed in South Dakota to another state must comply with the provisions of SDCL 26-13, the interstate compact on the placement of children.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:44, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; 37 SDR 222, effective July 7, 2011.
General Authority: SDCL 26-13-1.
Law Implemented: SDCL 26-13-1.

ARSD 67:14:31:56 Authorization of out-of-state placements

The department may place a child who is a resident of South Dakota into a foster home located outside of South Dakota if the out-of-state foster home has been licensed or approved according to that state's rules and the placement is determined to be in the child's best interests.

If the department has been granted custody of the child through a court order, the department must have the court's written concurrence with the placement before the placement may be made.

Out-of-state placements must comply with the provisions of SDCL 26-13, the interstate compact on the placement of children.

History

Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; transferred from § 67:14:13:43, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-7(2), 26-13-1.
Law Implemented: SDCL 26-4-7(2), 26-13-1.

ARSD 67:14:31:56.01 Placement in out-of-state group care or residential treatment center

The department may authorize the placement of a child who is a resident of South Dakota into an out-of-state group care or residential treatment center if the following conditions are met:

(1) No facility in South Dakota can meet the treatment needs of the child;

(2) The facility is licensed or approved according to that state's standards; and

(3) If the facility is a residential treatment center, the facility must meet the requirements of § 67:16:47:03.

Out-of-state placements of this type require prior approval for placement from the state review team. In addition, out-of-state placements must comply with SDCL 26-13.

History

Source: 12 SDR 96, effective December 9, 1985; 37 SDR 222, effective June 7, 2011.
General Authority: SDCL 26-4-7, 26-13-1.
Law Implemented: SDCL 26-4-7, 26-13-1.

ARSD 67:14:31:57 Repealed

Department to review cases.** Repealed.

History

Source: 4 SDR 41, effective January 16, 1978; transferred from § 67:14:31:19, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:31:58 Repealed

Department to refer cases.** Repealed.

History

Source: 4 SDR 41, effective January 16, 1978; transferred from § 67:14:31:20, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:14:31:59 Permanency hearings in state court

When the department has custody of a child and has placed the child into alternative care, the child must have a permanency hearing before the court of present jurisdiction within 12 months from the date of the original alternative care placement and every 12 months thereafter until final disposition is made.

Cross-Reference: Dispositional hearings, 45 C.F.R. 1356.21(e).

Editor's Note: The Legislative Research Council substituted "SDCL 26-8A-24, 26-8A-26" for "SDCL 26-8-35.1, 26-8-35.2" in Law Implemented pursuant to the transfer of these sections accomplished by SL 1991, ch 217, §§ 133B and 135B, effective July 1, 1991.

History

Source: 12 SDR 96, effective December 9, 1985; 14 SDR 98, effective January 18, 1988; 37 SDR 222, effective June 7, 2011.
General Authority: SDCL 26-4-7, 26-6-16.
Law Implemented: SDCL 26-8A-24, 26-8A-26.

ARSD 67:14:31:59.01 Dispositional hearings in tribal court

Each child in tribal custody who has been placed into alternative care through tribal court must have a dispositional hearing before the court of present jurisdiction within 12 months from the date of the original alternative care placement and every 12 months thereafter until final disposition is made in order for a tribal entity to access section IV-E Social Security Act funds through an arrangement with the department.

History

Source: 37 SDR 222, effective June 7, 2011.
General Authority: SDCL 26-4-7, 26-6-16.
Law Implemented: SDCL 26-8A-24, 26-8A-26.

ARSD 67:14:31:60 Attempt made to keep child in school of origin

Attempt made to keep child in school** of origin . When placing a child in alternative care, the department shall make every effort to keep the child in the child's school of origin. The child may be placed outside the school of origin if the department determines that it is in the child's best interests.

History

Source: 16 SDR 99, effective December 7, 1989; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-7(1)(6).
Law Implemented: SDCL 26-4-7(1)(6).

Chapter 67:14:32 Services to adoptive families

ARSD 67:14:32:01 Definitions

Terms used in this chapter mean:

(1) "Adoption," the legal process whereby a person qualified under this chapter adopts a child;

(2) "Department," the Department of Social Services; and

(3) "Kinship child," an abused or neglected child, as defined by SDCL 26-8A-2, who is considered for placement or has been placed with an individual who is a relative or custodian of the child, or another individual not related by birth, adoption, or marriage to the child, who has an emotionally significant relationship with the child and provides any of the services described in Article 67:42 to the child.

Cross-Reference: Subsidized adoption regulations, chapter 67:14:14.

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 17 SDR 157, effective April 23, 1991; 37 SDR 222, effective June 7, 2011; 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-4-9.1.
Law Implemented: SDCL 26-4-9.1.

ARSD 67:14:32:02 Repealed

Department defined.** Repealed.

History

Source: 2 SDR 62, effective April 5, 1976; repealed, 7 SDR 23, effective September 18, 1980.

ARSD 67:14:32:03 Repealed

Request for service.** Repealed.

History

Source: 2 SDR 62, effective April 5, 1976; repealed, 7 SDR 23, effective September 18, 1980.

ARSD 67:14:32:04 Repealed

Information service.** Repealed.

History

Source: 2 SDR 62, effective April 5, 1976; repealed, 7 SDR 23, effective September 18, 1980.

ARSD 67:14:32:05 Repealed

Number of adoption applications processed -- Notification of application.** Repealed.

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 17 SDR 157, effective April 23, 1991; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:32:05.01 Repealed

Application fee.** Repealed.

History

Source: 2 SDR 62, effective April 5, 1976; 3 SDR 85, effective June 21, 1977; transferred from § 67:14:32:23, 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:32:05.02 Repealed

Adoption applications may be limited or closed -- Exceptions.** Repealed.

History

Source: 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:32:05.03 Screening for substantiated reports or convictions of abuse and neglect

The department shall screen an applicant, family members, and other household members who are at least 18 years old to determine if the individual has been involved in any substantiated incidents of child abuse or neglect. The individual may not have a substantiated report of child abuse or neglect. Substantiated reports of child abuse or neglect include reports placed into the department's central registry under § 67:14:39:03, reports placed on the central registry of another state within the last ten years, and reports that were investigated and substantiated by a tribal program.

If the screening locates an individual's name on the department's central registry and the individual has not already been given due process on the substantiation, the department shall notify the individual in writing that the individual may request a hearing to refute the accuracy of the information found. The hearing must follow the provisions of SDCL 26-8A-11 and chapter 67:14:39.

If the screening locates an individual's name on the central registry of another state, it is the individual's responsibility to contact the other state to access the process for removal of the individual's name from that state's central registry. If the other state has such a process and removes the individual's name from its central registry, the individual shall request the other state to submit documentation to the department verifying the removal of the individual's name from its central registry.

If the screening locates a report that was substantiated by a tribal program, it is the individual's responsibility to contact the tribal program to access the process for removal of the individual's name from the record of the report. If the tribal program has such a process and removes the individual's name from the record of the report, the individual shall request the tribal program to submit documentation to the department verifying the removal of the individual's name from the record.

History

Source: 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 17 SDR 157, effective April 23, 1991; 22 SDR 102, effective February 7, 1996; 35 SDR 187, effective February 11, 2009; 47 SDR 24, effective September 10, 2020.
General Authority: SDCL 26-4-9.1(1)(3)(4).
Law Implemented: SDCL 26-4-9.1(1)(3)(4).

ARSD 67:14:32:05.04 Repealed

Applications not accepted from individuals with adoption action pending.** Repealed.

History

Source: 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:32:05.05 Application denied if criminal record check detects certain crimes

The department must deny an application and notify the applicant of the denial if the criminal record check required under § 67:14:32:11.01 detects:

(1) A conviction for a crime that would indicate harmful behavior towards children;

(2) A conviction for a crime of violence as defined by SDCL 22-1-2 or a similar statute from another state;

(3) A conviction for a crime pursuant to SDCL chapters 22-22 or 22-24A, SDCL 22-22A-3, or a similar statute from another state; or

(4) Any felony conviction occurring within the past five years.

Cross-References:

Required criminal records checks, 42 U.S.C. § 671(a)(20).

Home study report -- Requirement -- Cost, SDCL 25-6-9.1.

Confidentiality of abuse or neglect information -- Violation as misdemeanor -- Release to certain parties, SDCL 26-8A-13.

Information from another state's central registry or national crime database to be used only for background check, SDCL 26-6-14.13.

History

Source: 17 SDR 157, effective April 23, 1991; 35 SDR 187, effective February 11, 2009; 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-4-9.1.
Law Implemented: SDCL 26-4-9.1.

ARSD 67:14:32:06 Transferred

Transferred to § 67:14:32:11.01.**

ARSD 67:14:32:07 Repealed

Adoptive placement.** Repealed.

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:32:08 General qualifications for adoptive applicants

To qualify as an adoptive applicant:

(1) The applicant must be at least nineteen years of age and reside in South Dakota;

(2) No member of the applicant's household who is eighteen years of age or older, other than a child placed in the home for foster care, may have on record a substantiated report of child abuse or neglect;

(3) No member of the applicant's household may have a conviction for any crime specified in § 67:14:32:05.05;

(4) The applicant must have income to meet the needs of the applicant's existing family and to support, care for, and educate an adopted child;

(5) The applicant's children, if any, must be willing to accept an adopted child as a member of the family;

(6) The applicant's family composition, needs, and relationships may not adversely affect an adopted child;

(7) The applicant must have the ability to parent an adopted child, which includes a basic understanding of the child's physical and mental or emotional development and the ability to fulfill the child's needs;

(8) The applicant must have the ability to offer continuing care and guidance to an adopted child throughout the stages of the child's development in a manner consistent with the social and cultural heritage norms of the child;

(9) The applicant must be able to continue meeting the needs of the applicant's own children, if any; and

(10) The applicant must display the capacity to provide good care a child.

The department may require a psychological evaluation and the submission of medical records if questions arise during the application process regarding the applicant's emotional stability or the emotional stability of another household member.

Cross-References:

Required criminal records checks, 42 U.S.C. § 671(a)(20).

Home study report--Requirement--Cost, SDCL 25-6-9.1.

Confidentiality of abuse or neglect information--Violation as misdemeanor--Release to certain parties, SDCL 26-8A-13.

Information from another state's central registry or national crime database to be used only for background check, SDCL 26-6-14.13.

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 72, effective December 14, 1982; 17 SDR 157, effective April 23, 1991; 21 SDR 206, effective June 4, 1995; 35 SDR 187, effective February 11, 2009; 47 SDR 24, effective September 10, 2020; 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-4-9.1.
Law Implemented: SDCL 26-4-9.1.

ARSD 67:14:32:09 Physical health standards required of applicant and applicant's family

A physical examination must be completed for each applicant. A physical examination completed within the twelve months preceding the application is acceptable. The department shall provide the forms that the applicant shall use in obtaining the physical examination. The forms must be completed by the attending physician, physician's assistant, or certified nurse practitioner and returned to the department. Each member of the applicant's household must provide a health history, including any history of drug or alcohol abuse or treatment, and must disclose any current mental health or drug or alcohol abuse issues. If the applicant has applied to become a kinship foster parent, no physical health examination is required.

The applicant shall present evidence to the department that each household member under the age of eighteen meets the immunization requirements of the Department of Health, unless an immunization is contrary to the household member's health, as documented by a licensed health care professional, or the application provides a signed written statement that the household member adheres to a religious doctrine whose teachings are opposed to the immunization. The minimum Department of Health immunization requirements for a child aged four months to six years are: diphtheria, tetanus, and acellular pertussis; poliovirus; measles, mumps, and rubella; and varicella. The minimum Department of Health immunization requirements for a child aged seven to eighteen are: tetanus, diphtheria, and acellular pertussis and meningococcal ACYW. Each household member who will have contact with an infant or child with health issues that make the infant or child vulnerable to a serious or life-threatening condition if the infant or child is exposed to the influenza virus must receive an annual influenza vaccine and have an up-to-date pertussis vaccine.

If questions arise during the adoptive home study, required by SDCL 25-6-9.1, concerning the applicant's medical condition or the medical condition of another household member, the department may require additional medical evaluations.

Cross-References:

Communicable disease control, article 44:20.

Health and safety requirements, 45 C.F.R. § 98.41.

Note: Additional recommended Department of Health immunizations include: rotavirus, haemophilus influenzae Type b, hepatitis A, hepatitis B, pneumococcal, and influenza

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 17 SDR 157, effective April 23, 1991; 35 SDR 187, effective February 11, 2009; 44 SDR 94, effective December 4, 2017; 47 SDR 24, effective September 10, 2020; 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-4-9.1.
Law Implemented: SDCL 26-4-9.1.

ARSD 67:14:32:09.01 Repealed

Preference given to certain families.** Repealed.

History

Source: 17 SDR 157, effective April 23, 1991; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:32:10 Approval or denial of adoption application -- Notice

Within one hundred twenty days after the department receives an application, the department shall notify the applicant in writing of the approval or denial of the application. If the application is denied, the department must inform the applicant of the reasons for the denial. If the applicant disagrees with the department's determination, the applicant may appeal the department's determination by requesting a fair hearing under the provisions of chapter 67:17:02.

An adoption application approval does not guarantee adoptive placement of a child with the applicant.

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 17 SDR 157, effective April 23, 1991; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017; 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-4-9.1.
Law Implemented: SDCL 26-4-9.1.

ARSD 67:14:32:11 Closing of application

Individual applications for adoption shall be closed by the department when the applicant voluntarily withdraws an application or the applicant fails or refuses to provide the requested information needed for the adoptive study.

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 15 SDR 68, effective November 7, 1988; 37 SDR 222, effective June 7, 2011.
General Authority: SDCL 26-4-9.1.
Law Implemented: SDCL 26-4-9.1.

ARSD 67:14:32:11.01 Adoptive study

An adoptive study, required by SDCL 25-6-9.1, includes an evaluation of the applicant based on references, personal interviews, screenings against the central registry for substantiated reports of abuse or neglect, a criminal record check, information obtained from at least three character references, and home consultations.

The department or a child-placement agency licensed by the state must update an adoptive study on an annual basis.

If an adoptive study was approved for a kinship child in the custody of the department, the adoption approval terminates after one year if the kinship child is no longer in the custody of the department.

History

Source: 2 SDR 62, effective April 5, 1976; transferred from § 67:14:32:06, 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 15 SDR 68, effective November 7, 1988; 17 SDR 157, effective April 23, 1991; 37 SDR 222, effective June 7, 2011; 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-4-9.1.
Law Implemented: SDCL 26-4-9.1.

ARSD 67:14:32:11.02 Repealed

Contents of adoption home work assignments.** Repealed.

History

Source: 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 17 SDR 157, effective April 23, 1991.

ARSD 67:14:32:11.03 Repealed

Adoptive study fee.** Repealed.

History

Source: 2 SDR 62, effective April 5, 1976; transferred from § 67:14:32:24, 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 30, effective September 16, 1982; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:32:12 Repealed

Approval of adoptive study not a commitment to place child.** Repealed.

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 37 SDR 222, effective June 7, 2011.

ARSD 67:14:32:13 Termination of adoptive study

An adoptive study may be terminated at any point by mutual decision of the applicant and the department, by the applicant alone, or by the department alone. If the department elects to terminate an adoptive study, the department shall notify the applicant in writing of the termination.

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 37 SDR 222, effective June 7, 2011.
General Authority: SDCL 26-4-9.1.
Law Implemented: SDCL 26-4-9.1.

ARSD 67:14:32:14 Children shall be placed in approved adoptive homes

Adoptive homes shall be approved by the department or another agency licensed or authorized to place children in a state where the agency is located. When a child is placed in another state, interstate agreements and court authorizations, as required, shall have been completed.

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-4-9.1.
Law Implemented: SDCL 26-4-9.1.

ARSD 67:14:32:15 Department shall supervise placement

The department shall supervise the placement of a child for adoption and maintain contacts with the adoptive parents and child until the completion of legal adoption.

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-4-9.1.
Law Implemented: SDCL 26-4-9.1.

ARSD 67:14:32:16 Children eligible for placement

Children in or from South Dakota who are or can be made legally free for adoption are eligible for the adoption services of the department. The department may provide services to children from other states or countries upon completion of legal adoption by a family approved for placement by the department or a licensed child placement agency. A child shall be placed as quickly as possible when the child has been legally freed for adoption and when the child's needs indicate that the child can benefit by an adoptive placement.

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-4-9.1.
Law Implemented: SDCL 26-4-9.1.

ARSD 67:14:32:17 Filing of petition

The applicant shall provide notice to the department when filing a petition to adopt a child placed with the applicant by the department.

Cross Reference: Notice to Department of Social Services -- Recommendation of department - Appearance, SDCL 25-6-11.

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-9.1(1)(2).
Law Implemented: SDCL 26-4-9.1(1)(2).

ARSD 67:14:32:18 Repealed

Consent to adoption.** Repealed.

History

Source: 2 SDR 62, effective April 5, 1976; repealed, 7 SDR 23, effective September 18, 1980.

ARSD 67:14:32:19 Repealed

Records to be maintained by department.** Repealed.

History

Source: 2 SDR 62, effective April 5, 1976; repealed, 7 SDR 23, effective September 18, 1980.

ARSD 67:14:32:20 Confidential information

Information regarding the child, the natural family, and the adoptive family shall be kept confidential. Information concerning adoptive applications shall be held in confidence unless disclosure is authorized by the applicant. Confidentiality is not violated when the department or child placement agency shares with the adoptive parents necessary information about the child and the child's family. However, the child's natural identity and the identity of the child's natural parents shall not be disclosed to persons other than the adoptive parents or their legal representatives. The identity of the adoptive family shall not be shared with the child's natural parent or parents.

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 26-4-9.1, 28-1-32.
Law Implemented: SDCL 26-4-9.1, 28-1-31.

ARSD 67:14:32:21 Repealed

Licensed foster parents who want to adopt required to meet qualifications.** Repealed.

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 17 SDR 157, effective April 23, 1991.

ARSD 67:14:32:22 Repealed

Applications for adoption services from approved foster parents.** Repealed.

History

Source: 2 SDR 62, effective April 5, 1976; repealed, 7 SDR 23, effective September 18, 1980.

ARSD 67:14:32:23 Transferred

Transferred to § 67:14:32:05.01.**

ARSD 67:14:32:24 Transferred

Transferred to § 67:14:32:11.03.**

ARSD 67:14:32:24.01 Repealed

Placement fee.** Repealed.

History

Source: 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:32:25 Repealed

Calculation of placement fee.** Repealed.

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 30, effective September 16, 1982; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:32:26 Repealed

Payments to adoptive parents.** Repealed.

History

Source: 2 SDR 62, effective April 5, 1976; repealed, 7 SDR 23, effective September 18, 1980.

ARSD 67:14:32:27 Repealed

Waiver of adoption fees by the department.** Repealed.

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:32:28 Repealed

Referral to private agencies.** Repealed.

History

Source: 2 SDR 62, effective April 5, 1976; repealed, 7 SDR 23, effective September 18, 1980.

ARSD 67:14:32:29 Repealed

Social and medical history of an adoptive child and his natural family.** Repealed.

History

Source: 4 SDR 27, effective November 6, 1976; repealed, 7 SDR 23, effective September 18, 1980.

ARSD 67:14:32:30 Training and development

Except as provided below, each applicant shall complete a thirty-hour training course provided by the department. The course includes training in the following areas:

(1) The impact of separation on child development;

(2) How attachments are formed;

(3) The importance of the birth family;

(4) Techniques of managing behavior;

(5) Permanency planning for children; and

(6) Child development.

The training requirements do not apply to an adoptive applicant for a kinship child adoption. The department or a child-placement agency licensed by the state shall instead assess the adoptive applicant’s training needs and assist them in locating training resources.

History

Source: 17 SDR 157, effective April 23, 1991; 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-4-9.1.
Law Implemented: SDCL 26-4-9.1.

ARSD 67:14:32:31 Fair hearing

An adoptive applicant is entitled to a fair hearing if the applicant is aggrieved or dissatisfied with any action or inaction on the part of the department which relates to the approval or denial of an adoption application. A fair hearing is conducted under the provisions of chapter 67:17:02.

History

Source: 17 SDR 157, effective April 23, 1991.
General Authority: SDCL 26-4-9.1.
Law Implemented: SDCL 26-4-9.1.

ARSD 67:14:32:32 Reimbursement of home study, Repealed

Reimbursement of home study. Repealed.

History

Source: 48 SDR 131, effective July 4, 2022; 51 SDR 140, effective June 30, 2025.

Chapter 67:14:33 Special services for the handicapped, Repealed

ARSD 67:14:33 Repealed chapter

CHAPTER 67:14:33

SPECIAL SERVICES FOR THE HANDICAPPED

(Repealed. 7 SDR 66, 7 SDR 89, effective July 1, 1981)

Chapter 67:14:34 Transitional services for alcohol abuse problems, Repealed

ARSD 67:14:34 Repealed chapter

CHAPTER 67:14:34

TRANSITIONAL SERVICES FOR ALCOHOL ABUSE PROBLEMS

(Repealed. 7 SDR 66, 7 SDR 89, effective July 1, 1981)

Chapter 67:14:36 Parent-aide services, Repealed

ARSD 67:14:36:01 Repealed

Definitions.** Repealed.

History

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:36:02 Repealed

Eligibility for parent-aide service.** Repealed.

History

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 30, effective September 16, 1982; repealed, 23 SDR 191, effective May 22, 1997.

ARSD 67:14:36:03 Repealed

Fee or copayment for parent-aide service.** Repealed.

History

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 9 SDR 30, effective September 16, 1982.

ARSD 67:14:36:04 Repealed

Determination of need and deployment of parent-aide services, including priorities.** Repealed.

History

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

Chapter 67:14:37 Reservation children services, Repealed

ARSD 67:14:37 Repealed chapter

CHAPTER 67:14:37

RESERVATION CHILDREN SERVICES

(Repealed. 10 SDR 48, effective November 21, 1983)

Chapter 67:14:38 Family self-support program, Repealed

ARSD 67:14:38 Repealed chapter

CHAPTER 67:14:38

FAMILY SELF-SUPPORT PROGRAM

(Repealed, 9 SDR 24, effective September 2, 1982)

Chapter 67:14:39 Central registry

ARSD 67:14:39:01 Definitions

Terms used in this chapter mean:

(1) "Central registry," the computerized information system that provides for the storage and retrieval of information concerning parents, guardians, and custodians who have abused or neglected children.

History

Source: 18 SDR 134, effective February 25, 1992; 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 26-8A-12.
Law Implemented: SDCL 26-8A-12.

ARSD 67:14:39:02 Determination of accuracy of report

Reports -- Determination of accuracy of report.** A report is the initial account of a suspected case of child abuse or neglect. A report is made to the department by an individual who has reason to suspect that abuse or neglect has occurred.

Based on the report, the department obtains evidence to assess the accuracy of the allegations in the report. The evidence may be supported by the following documentation:

(1) A written or electronic statement of the report;

(2) The results of interviews of individuals involved in the report as well as others who may have had contact with the child;

(3) Prior reports of abuse or neglect;

(4) The results of medical and psychological examinations;

(5) Physical evidence;

(6) Copies of police reports relating to the incident;

(7) Copies of court orders and other court records pertinent to the case;

(8) Any other information pertinent to the report and resulting investigation; and

(9) A written or electronic statement as to whether or not the report was substantiated.

History

Source: 18 SDR 134, effective February 25, 1992; 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 26-8A-12.
Law Implemented: SDCL 26-8A-8.

ARSD 67:14:39:03 Information placed into central registry

The department shall create a record consisting of the individual's name, together with other identifying information such as the individual's address, date of birth, sex, race, and type of abuse, and shall place the record into the central registry if any of the following occurs:

(1) The department investigates and substantiates, by a preponderance of the evidence, a report of abuse or neglect involving the individual;

(2) There is a court finding of abuse or neglect; or

(3) The individual is found guilty of a crime committed against a child, such as child abuse or neglect; sex offenses; possession, solicitation, manufacture, or distribution of child pornography; incest; murder; manslaughter; contributing to the abuse or neglect of a minor; assault; abuse; promoting prostitution of a minor; or indecent exposure. For purposes of this subdivision, a crime committed against a child does not include those instances in which an individual is found guilty of contributing to the delinquency of a minor.

Cross-References:

Notice when name is to be placed on central registry, § 67:14:39:05.

Abused or neglected child defined, SDCL 26-8A-2.

Sex offenses, SDCL ch 22-22.

Child pornography, SDCL ch 22-24A.

Aggravated incest -- Prohibited sexual contact -- Felony, SDCL 22-22A-3.

Abuse of or cruelty to minor as felony -- Defense to charge, SDCL 26-10-1.

History

Source: 18 SDR 134, effective February 25, 1992; 22 SDR 102, effective February 7, 1996; 25 SDR 150, effective July 9, 1999; 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 26-8A-12.
Law Implemented: SDCL 26-8A-11, 26-8A-12.

ARSD 67:14:39:04 Substantiated reports

The department substantiates a report through an investigation. The investigation may include items such as interviews with the child, the child's parents, and other persons with whom the child may come in contact; an interview with the individual accused of abusing or neglecting the child; a review of a medical and psychological examination; review of prior reports; a review of law enforcement reports; and a review of the physical evidence.

The report is considered substantiated if the department finds that a preponderance of the evidence obtained through the investigation supports the report that abuse or neglect as defined under SDCL 26-8A-2 has occurred.

History

Source: 18 SDR 134, effective February 25, 1992; 20 SDR 223, effective July 7, 1994; 22 SDR 102, effective February 7, 1996.
General Authority: SDCL 26-8A-12.
Law Implemented: SDCL 26-8A-9.

ARSD 67:14:39:05 Notice when name is to be placed on central registry

After the department investigates and substantiates a report and at least 30 days before the record is placed on the central registry, the department shall send the individual a written notice. The notice shall inform the individual of the department's intention to place the record on the central registry and provide information on how the individual may refute the accuracy of the information used to substantiate the report through a hearing before the record is placed. The department shall send the notice by first-class, certified mail to the individual's last known address.

The 30-day period begins on the date the individual receives the notice or on the last day the post office attempts delivery of the notice. If the notice is returned to the department with a forwarding address, the department shall forward the notice to the new address and the 30-day period begins as specified in this section. If the 30-day period expires and the individual has not requested a hearing, the department shall place the information into the central registry without further notice to the individual.

If the individual makes a timely request for a hearing, no information concerning the individual may be placed into the central registry until the hearing process is completed and results in a finding that supports the placement of the information into the central registry.

Cross-Reference: Fair hearings, ch 67:17:02.

History

Source: 18 SDR 134, effective February 25, 1992; 22 SDR 102, effective February 7, 1996; 25 SDR 150, effective June 9, 1999; 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 26-8A-12.
Law Implemented: SDCL 26-8A-11, 26-8A-12.

ARSD 67:14:39:06 Repealed

Request to amend, expunge information, or remove record -- Informal review -- Fair hearing.** Repealed.

History

Source: 18 SDR 134, effective February 25, 1992; 25 SDR 150, effective June 9, 1999; repealed, 34 SDR 180, effective December 26, 2007.

ARSD 67:14:39:07 Fair hearing -- Burden of proof

The burden of proof for fair hearings conducted under this chapter shall be a preponderance of the evidence.

History

Source: 18 SDR 134, effective February 25, 1992.
General Authority: SDCL 26-8A-12.
Law Implemented: SDCL 26-8A-11.

ARSD 67:14:39:07.01 Fair hearing -- Release of information

After a fair hearing has been scheduled, the department may release to the subject of the report the part of the department's record that was used to determine whether information concerning the individual should be placed into the central registry.

History

Source: 25 SDR 150, effective June 9, 1999; 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 26-8A-12.
Law Implemented: SDCL 26-8A-11, 26-8A-13(9).

ARSD 67:14:39:08 Department actions if fair hearing results in finding for individual

If a fair hearing results in a finding for the individual, the department shall take one of the following actions, as applicable:

(1) If the individual's request is to amend information, the department shall correct the inaccurate information; or

(2) If the individual's request is to remove the record, the department shall remove the record of the substantiation and may not place the information into the central registry.

History

Source: 18 SDR 134, effective February 25, 1992; 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 26-8A-12.
Law Implemented: SDCL 26-8A-11.

ARSD 67:14:39:09 Request to remove record from central registry after five years -- Limited to individuals having substantiated report or court finding

If a record has been on the central registry for at least five years and placement into the central registry was the result of a substantiated report of child abuse or neglect, a court finding of child abuse or neglect, or because the individual was found guilty of a crime committed against a child, such as contributing to the abuse or neglect of a minor or assault, the individual may ask the department to remove the record from the central registry. The department shall review the request under the provisions of § 67:14:39:10 or 67:14:39:11, as applicable. The individual must prove by a preponderance of the evidence that the record should be removed.

After the department completes its review, the department shall send a written notice to the individual informing the individual of its decision. If the department denies the request, the individual has 30 days to send a written request for a fair hearing contesting the denial to the department. If a fair hearing is held under the provisions of this section, the burden of proof is on the individual.

If a request to remove the record from the central registry is denied, the individual may make a subsequent request to have the record removed when two years have elapsed from the date of the last request and there have been no further reports that resulted in placement of a record concerning the individual on the central registry.

The department may initiate its own review of substantiated reports and, based on the criteria contained in § 67:14:39:10, remove records from the central registry. If this occurs, the department shall send a written notice to the individual, at the individual's last-known address, informing the individual that the record is being removed.

Cross-Reference: Certain individuals prohibited from requesting actions under this chapter, § 67:14:39:12.

History

Source: 22 SDR 102, effective February 7, 1996; portions of this rule were transferred to §§ 67:14:39:10, 67:14:39:11, and 67:14:39:12, 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 26-8A-12.
Law Implemented: SDCL 26-8A-11.

ARSD 67:14:39:10 Review of information for central registry after five years -- Substantiation

If a record is on the central registry because of a substantiated report of abuse or neglect, the department shall consider the following information when determining whether to remove the record from the central registry after a period of five years:

(1) The severity of the abuse or neglect;

(2) Reports of child abuse or neglect that involved the individual before the individual's name was placed on the central registry;

(3) Reports of child abuse or neglect that involved the individual subsequent to the individual's name being placed on the central registry;

(4) Action taken by the individual to eliminate the risk that the individual would abuse or neglect a child and the impact of that action;

(5) Information regarding the individual's current circumstances, as well as the circumstances existing at the time of the report; and

(6) Law enforcement records from the last five years.

The individual is responsible for providing the documentation required under subdivisions (4), (5), and (6) of this section.

History

Source: Portions of this rule were transferred from § 67:14:39:09, 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 26-8A-12.
Law Implemented: SDCL 26-8A-11.

ARSD 67:14:39:11 Review of information for central registry after five years -- Court finding of child abuse or neglect

If a record is on the central registry because a court determined that the individual abused or neglected a child or because the individual was found guilty of a crime committed against a child, such as contributing to the abuse or neglect of a minor or assault, the department shall consider the following information in determining whether to remove the record from the registry:

(1) The severity of the abuse or neglect;

(2) Reports of child abuse or neglect that involved the individual before information concerning the individual was placed into the central registry;

(3) Reports of child abuse or neglect that involved the individual subsequent to the individual's name being placed on the central registry;

(4) Action taken by the individual to eliminate the risk that the individual would abuse or neglect a child and the impact of that action;

(5) Information regarding the individual's current circumstances, as well as the circumstances existing at the time of the report;

(6) Review of law enforcement records from the last five years;

(7) The final court disposition subsequent to the court finding under SDCL 26-8A-2 that resulted in placement on the central registry; and

(8) Previous court findings under SDCL 26-8A-2 and the dispositions related to those court findings.

The individual must provide to the department the documentation required under subdivisions (4) to (8), inclusive, of this section.

History

Source: Portions of this rule were transferred from § 67:14:39:09, 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 26-8A-12.
Law Implemented: SDCL 26-8A-11.

ARSD 67:14:39:12 Certain individuals prohibited from requesting actions under this chapter

The following individuals are prohibited from requesting the removal of a record from the central registry under the provisions of this chapter:

(1) An individual convicted of a crime under SDCL chapter 22-22 or 22-24A or SDCL 22-22A-3 or 26-10-1, if the victim of the crime was a child;

(2) An individual who was found guilty of a crime committed against a child, such as murder, manslaughter, abuse, promoting prostitution of a minor, or indecent exposure; or

(3) An individual who is the child's parent, guardian, or custodian, or another person responsible for the child's care if the individual or person was found by a court to have sexually abused, sexually molested, or sexually exploited a child.

Cross-Reference: Request to remove information from central registry after five years -- Limited to certain individuals, § 67:14:39:09.

History

Source: Portions of this rule were transferred from § 67:14:39:09, 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 26-8A-12.
Law Implemented: SDCL 26-8A-11.

ARSD Article 67:14 — CHILD PROTECTION SERVICES

SOCIAL SERVICES SOCIAL SERVICES

Chapter 67:14:01 General eligibility standards

ARSD 67:14:01:01 Transferred

ARSD 67:14:01:01.01 Repealed

ARSD 67:14:01:01.02 Scope of chapter

ARSD 67:14:01:02 Repealed

ARSD 67:14:01:03 Repealed

ARSD 67:14:01:03.01 Services may have varying eligibility criteria

ARSD 67:14:01:03.02 Providers may determine eligibility

ARSD 67:14:01:04 Repealed

ARSD 67:14:01:05 Repealed

ARSD 67:14:01:06 Repealed

ARSD 67:14:01:07 Repealed

ARSD 67:14:01:08 Repealed

ARSD 67:14:01:09 Repealed

ARSD 67:14:01:10 Repealed

ARSD 67:14:01:11 Repealed

ARSD 67:14:01:12 Repealed

ARSD 67:14:01:13 Repealed

ARSD 67:14:01:14 Repealed

ARSD 67:14:01:15 Repealed

ARSD 67:14:01:16 Case plan preparation -- Right to accept or reject a case plan

ARSD 67:14:01:17 Repealed

ARSD 67:14:01:18 Confidentiality

ARSD 67:14:01:19 Repealed

ARSD 67:14:01:20 Repealed

ARSD 67:14:01:21 Repealed

ARSD 67:14:01:22 Repealed

ARSD 67:14:01:23 Repealed

ARSD 67:14:01:24 Transferred

ARSD 67:14:01:25 Repealed

ARSD 67:14:01:26 Repealed

ARSD 67:14:01:27 Repealed

ARSD 67:14:01:28 Repealed

ARSD 67:14:01:28.01 Repealed

ARSD 67:14:01:29 Repealed

ARSD 67:14:01:30 Repealed

ARSD 67:14:01:31 Repealed

Chapter 67:14:02 Services to unmarried parents, Repealed

ARSD 67:14:02 Repealed chapter

Chapter 67:14:03 Services to families and children, Repealed

ARSD 67:14:03 Repealed chapter

Chapter 67:14:04 Protective services, Repealed

ARSD 67:14:04 Repealed chapter

Chapter 67:14:05 Training job related services, Transferred

ARSD 67:14:05 Repealed chapter

Chapter 67:14:06 Family planning, Repealed

ARSD 67:14:06:01 Repealed

ARSD 67:14:06:02 Repealed

ARSD 67:14:06:03 Repealed

ARSD 67:14:06:04 Repealed

ARSD 67:14:06:05 Repealed

ARSD 67:14:06:06 Repealed

ARSD 67:14:06:07 Repealed

ARSD 67:14:06:08 Repealed

ARSD 67:14:06:09 Repealed

ARSD 67:14:06:10 Repealed

Chapter 67:14:08 Adult services, Repealed

ARSD 67:14:08 Repealed chapter

Chapter 67:14:09 Developmental disabilities, Repealed

ARSD 67:14:09 Repealed chapter

Chapter 67:14:10 Volunteer service program, Repealed

ARSD 67:14:10 Repealed chapter

Chapter 67:14:11 Investigations of adoption petitions

ARSD 67:14:11:01 Content of investigation

ARSD 67:14:11:02 Responsibility for investigation of adoption petitions

ARSD 67:14:11:03 Recommendation

ARSD 67:14:11:03.01 Repealed

ARSD 67:14:11:04 Repealed

Chapter 67:14:12 Day care services, Transferred

ARSD 67:14:12 Repealed chapter

Chapter 67:14:13 Foster care, Transferred

ARSD 67:14:13 Repealed chapter

Chapter 67:14:14 Subsidized adoption regulations

ARSD 67:14:14:01 Definition of subsidized adoption

ARSD 67:14:14:02 Eligibility criteria for child

ARSD 67:14:14:03 Eligibility criteria for adoptive family

ARSD 67:14:14:04 Types of subsidy

ARSD 67:14:14:05 Amount of subsidy