reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:01 - General eligibility standards › Section 67:14:01:03.02 - Providers may determine eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Providers of services purchased by the department, under contract, may
	 determine eligibility if the contract so specifies.
General Authority:
SDCL
		28-8-28.
Law Implemented:
SDCL
		28-8-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:01 - General eligibility standards › Section 67:14:01:16 - Case plan preparation - Right to accept or reject a case plan

Current through Register Vol. 51, page 10, July 15, 2024
A written case plan, delineating the goal and services and activities
	 to achieve the goal identified in the plan, shall be developed with each family
	 receiving child protective services and each child in the department's custody.
	 Unless the 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.
General Authority:
SDCL
		28-8-28.
Law Implemented:
SDCL
		28-8-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:01 - General eligibility standards › Section 67:14:01:18 - Confidentiality

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL 28-1-32.1.
Law Implemented:
SDCL
		28-1-32.
Confidential information, §
											67:14:32:20.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:11 - Investigations of adoption petitions › Section 67:14:11:01 - Content of investigation

Current through Register Vol. 51, page 10, July 15, 2024
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 ; and interviewing the child who is
	 over the age of six; inspection of information from case records of the
	 department, exclusive of privileged communication contained therein; inspection
	 of information obtained from medical, financial, or other references; and
	 inspection of information provided by other social agencies.
General Authority:
SDCL
		26-4-9.1.
Law Implemented:
SDCL
		26-4-9.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:11 - Investigations of adoption petitions › Section 67:14:11:02 - Responsibility for investigation of adoption petitions

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-4-9.1.
Law Implemented:
SDCL
		26-4-9.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:11 - Investigations of adoption petitions › Section 67:14:11:03 - Recommendation

Current through Register Vol. 51, page 10, July 15, 2024
Following 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, division director of Child Protection Services, or the secretary's
	 designee. The licensed child placement agency's recommendation shall be signed
	 by a designee of the agency.
General Authority:
SDCL
		26-4-9.1.
Law Implemented:
SDCL
		25-6-11,
		26-4-9.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:14 - Subsidized adoption regulations › Section 67:14:14:01 - Definition of subsidized adoption

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		28-1-64.
Law Implemented:
SDCL
		28-1-64.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:14 - Subsidized adoption regulations › Section 67:14:14:02 - Eligibility criteria for child

Current through Register Vol. 51, page 10, July 15, 2024
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;
(c) A sibling group that needs to be placed
  together;
(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
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:14 - Subsidized adoption regulations › Section 67:14:14:03 - Eligibility criteria for adoptive family

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		28-1-64.
Law Implemented:
SDCL
		28-1-64.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:14 - Subsidized adoption regulations › Section 67:14:14:04 - Types of subsidy

Current through Register Vol. 51, page 10, July 15, 2024
The following types of subsidies are available to adoptive
	 families:
(1) Maintenance subsidy: A
  monthly payment to the adoptive family to help meet the cost of the everyday
  needs of the child. The maintenance subsidy will be in effect until the child
  attains the age of eighteen, or until the child attains the age of nineteen if
  the child is a full-time student in a secondary school;
(2) Title XIX medical and surgical subsidies:
  Title XIX medical and surgical subsidies 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) Special nonmedical subsidies: These cover
  costs which are incidental to the care of the child. These 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.
General Authority:
SDCL
		28-1-64.
Law Implemented:
SDCL
		28-1-64.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:14 - Subsidized adoption regulations › Section 67:14:14:05 - Amount of subsidy

Current through Register Vol. 51, page 10, July 15, 2024
The amount of the maintenance, medical, or special subsidy shall be
	 flexible according to the needs and circumstances of both the adoptive family
	 and the child. The family's income, resources, and obligations shall be
	 considered in determining the amount of the subsidy. No subsidy shall 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 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 shall 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 life long 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 in
  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 which support the determination.
General Authority:
SDCL
		28-1-64.
Law Implemented:
SDCL
		28-1-64.
Medical services, art 67:16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:14 - Subsidized adoption regulations › Section 67:14:14:07 - Adoption subsidy agreement required

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		28-1-64.
Law Implemented:
SDCL
		28-1-64.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:14 - Subsidized adoption regulations › Section 67:14:14:08 - Termination of subsidy agreements

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		28-1-64.
Law Implemented:
SDCL
		28-1-64.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:14 - Subsidized adoption regulations › Section 67:14:14:10 - Modification, amendment, rescission, or cancellation of subsidy agreement

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		28-1-64.
Law Implemented:
SDCL
		28-1-64.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:14 - Subsidized adoption regulations › Section 67:14:14:11 - Responsibilities of placing agency after subsidy agreement completed

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		28-1-64.
Law Implemented:
SDCL
		28-1-64.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:14 - Subsidized adoption regulations › Section 67:14:14:12 - Responsibilities of the adoptive parents to substantiate continuing subsidy eligibility

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		28-1-64.
Law Implemented:
SDCL
		28-1-64.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:14 - Subsidized adoption regulations › Section 67:14:14:13 - Suspension of subsidy

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		28-1-64.
Law Implemented:
SDCL
		28-1-64.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:24 - Interstate placement of children › Section 67:14:24:01 - Interstate placement requires department's approval

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-13-1 (Art. VII).
Law Implemented:
SDCL
		26-13-1 (Art.
		III).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:24 - Interstate placement of children › Section 67:14:24:02 - Applicability of regulations of this chapter

Current through Register Vol. 51, page 10, July 15, 2024
Regulations contained in this chapter shall not apply to interstate
	 placements made under the interstate compact on juveniles pursuant to SDCL
	 26-12.
General Authority:
SDCL
		26-13-1 (Art. VII).
Law Implemented:
SDCL
		26-13-1 (Art.
		VIII).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:24 - Interstate placement of children › Section 67:14:24:04 - Approval required for commitment of financial responsibility of state

Current through Register Vol. 51, page 10, July 15, 2024
The department shall approve interstate placements which impose a
	 financial obligation on the state.
General Authority:
SDCL
		26-13-1 (Art. VII).
Law Implemented:
SDCL
		26-13-1 (Art.
		V).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:24 - Interstate placement of children › Section 67:14:24:05 - Prerequisites for approval

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-13-1 (Art. VII).
Law Implemented:
SDCL
		26-13-1 (Art.
		VIII).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:24 - Interstate placement of children › Section 67:14:24:06 - Children for whom interstate placement is appropriate

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-13-1 (Art. VII).
Law Implemented:
SDCL
		26-13-1 (Art.
		III).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:24 - Interstate placement of children › Section 67:14:24:07 - Authority for interstate placement

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-13-1 (Art. VII).
Law Implemented:
SDCL
		26-13-1 (Art.
		III).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:24 - Interstate placement of children › Section 67:14:24:08 - Required information about the child

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-13-1 (Art. VII).
Law Implemented:
SDCL
		26-13-1 (Art.
		III).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:24 - Interstate placement of children › Section 67:14:24:09 - Requirements regarding out-of-state placement facility

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-13-1 (Art. VII).
Law Implemented:
SDCL
		26-13-1 (Art.
		III).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:24 - Interstate placement of children › Section 67:14:24:09.01 - Study and evaluation

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-13-1 (Art. VII).
Law Implemented:
SDCL
		26-13-1 (Art.
		III).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:24 - Interstate placement of children › Section 67:14:24:10 - Required financial responsibility

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-13-1 (Art. VII).
Law Implemented:
SDCL
		26-13-1 (Art.
		V).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:24 - Interstate placement of children › Section 67:14:24:11 - Post placement services required

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-13-1 (Art. VII).
Law Implemented:
SDCL
		26-13-1 (Art.
		V).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:24 - Interstate placement of children › Section 67:14:24:12 - Department to cooperate in proposed or completed placement

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-13-1 (Art. VII).
Law Implemented:
SDCL
		26-13-1 (Art.
		V).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:24 - Interstate placement of children › Section 67:14:24:13 - Notification to legal authorities of placement by unauthorized agent

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-13-1 (Art. VII).
Law Implemented:
SDCL
		26-13-1 (Art.
		IV).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:24 - Interstate placement of children › Section 67:14:24:14 - Interstate placement agreement required for placement of a child in South Dakota

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-13-1 (Art. VII).
Law Implemented:
SDCL
		26-13-1 (Art.
		III).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:24 - Interstate placement of children › Section 67:14:24:15 - Interstate placement agreement required by another state

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-13-1 (Art. VII).
Law Implemented:
SDCL
		26-13-1 (Art. III, VII, and
		X).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:30 - Child protective services › Section 67:14:30:01 - Definition of child protective services

Current through Register Vol. 51, page 10, July 15, 2024
"Child protective services," are services provided to a child for whom
	 it is alleged or determined to be unsafe. 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.
General Authority:
SDCL
		26-4-7(1)(6)(7).
Law Implemented:
SDCL
		26-4-7(1)(6)(7).
Abuse of or cruelty to minor as felony--Reasonable force as
		defense--Limitation of action, SDCL
		26-10-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:30 - Child protective services › Section 67:14:30:02 - Children eligible for child protective services

Current through Register Vol. 51, page 10, July 15, 2024
Children eligible for child protective services are those children
	 under 18 years of age who are alleged or determined to be unsafe because the
	 individuals responsible for the children's care are unable or unwilling to keep
	 the children safe from harm or threats of harm and children who are abused or
	 neglected as defined in SDCL
	 26-8A-2.
General Authority:
SDCL
		26-4-7.
Law Implemented:
SDCL
		28-8-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:30 - Child protective services › Section 67:14:30:06 - Receipt and assessment or investigation of reports

Current through Register Vol. 51, page 10, July 15, 2024
The department shall provide for 24-hour receipt of reports of
	 children alleged to be exposed to harm or threats of harm by a parent,
	 guardian, or custodian responsible for their 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, §§ 112 B and 118B, effective July 1,
		1991.
General Authority:
SDCL
		26-4-7,
		28-8-28.
Law Implemented:
SDCL
		28-8-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:31 - Alternative care › Section 67:14:31:23 - Persons eligible for alternative care services

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-4-7,
		28-8-28.
Law Implemented:
SDCL
		26-4-7,
		28-8-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:31 - Alternative care › Section 67:14:31:24 - Need for continued alternative care to be determined by the permanency planning review team or court - Permanency planning reviews

Current through Register Vol. 51, page 10, July 15, 2024
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) If the child is 12 years of age or older,
  other individuals of the child's choosing.
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.
General Authority:
SDCL
		28-8-28.
Law Implemented:
SDCL
		28-8-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:31 - Alternative care › Section 67:14:31:25 - Extension of alternative care service to children after age 18

Current through Register Vol. 51, page 10, July 15, 2024
A child entering a placement prior to 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.
General Authority:
SDCL
		28-8-28.
Law Implemented:
SDCL
		26-6-6.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:31 - Alternative care › Section 67:14:31:26 - Reimbursement for family foster care, group care, residential treatment, and intensive residential treatment

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		28-8-28.
Law Implemented:
SDCL
		28-8-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:31 - Alternative care › Section 67:14:31:32 - Time limit on receipt of claims for foster care

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		28-8-28.
Law Implemented:
SDCL
		28-8-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:31 - Alternative care › Section 67:14:31:33 - Child's own funds in financing foster care

Current through Register Vol. 51, page 10, July 15, 2024
Prior to the allocation of state or federal funds to finance a child's
	 foster care, the child's own funds shall be used. The child's own funds may
	 include contributions from the child's family, child support, social security,
	 supplemental security income, veterans benefits, or
	 inheritances.
General Authority:
SDCL
		28-8-28.
Law Implemented:
SDCL
		28-8-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:31 - Alternative care › Section 67:14:31:38 - Payments for personal needs of children in foster care

Current through Register Vol. 51, page 10, July 15, 2024
Reimbursement for personal needs, incidentals, and clothing allowance
	 shall be made to foster care providers in the monthly payment for care and
	 service unless otherwise specified by agreement.
General Authority:
SDCL, 28-8-28.
Law Implemented:
SDCL,
		28-8-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:31 - Alternative care › Section 67:14:31:40 - Computation of days in care

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL, 28-8-28.
Law Implemented:
SDCL,
		28-8-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:31 - Alternative care › Section 67:14:31:51 - School transportation expenses paid

Current through Register Vol. 51, page 10, July 15, 2024
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 local school district or the Department of Education. The
	 cost of transportation shall be based on the number of miles traveled for the
	 average school month and shall be added to the foster parent's monthly request
	 for payment. Mileage is reimbursed at the rate established in §
									5:01:02:01 or
	 5:01:02:01.01, as applicable, for
	 the use of a privately owned automobile. The department does not pay
	 transportation expenses when a foster parent also transports his or her own
	 children to the same school.
General Authority:
SDCL
		26-4-7(2).
Law Implemented:
SDCL
		26-4-7(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:31 - Alternative care › Section 67:14:31:54 - Payment of out-of-state foster care

Current through Register Vol. 51, page 10, July 15, 2024
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 shall be selected pursuant to
	 negotiation 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.
General Authority:
SDCL
		26-4-7(2).
Law Implemented:
SDCL
		26-4-7(2),
		26-13-1 (Article
		V).
Authorization required for relocation, §
											67:14:31:55; Authorization of
		out-of-state placements, §
											67:14:31:56.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:31 - Alternative care › Section 67:14:31:55 - Authorization required for relocation

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-13-1.
Law Implemented:
SDCL
		26-13-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:31 - Alternative care › Section 67:14:31:56 - Authorization of out-of-state placements

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL,
		26-13-1.
Law Implemented:
SDCL
		26-13-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:31 - Alternative care › Section 67:14:31:56.01 - Placement in out-of-state group care or residential treatment center

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-4-7,
		26-13-1.
Law Implemented:
SDCL
		26-4-7,
		26-13-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:31 - Alternative care › Section 67:14:31:59 - Permanency hearings in state court

Current through Register Vol. 51, page 10, July 15, 2024
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.
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, §§ 133 B and 135B, effective July 1,
		1991.
General Authority:
SDCL 26-4-7, 26-6-16.
Law Implemented:
SDCL 26-8A-24,
		26-8A-26.
Dispositional hearings,
		45 C.F.R.
		1356.21
		(e).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:31 - Alternative care › Section 67:14:31:59.01 - Dispositional hearings in tribal court

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-4-7,
		26-6-16.
Law Implemented:
SDCL
		26-8A-24,
		26-8A-26.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:31 - Alternative care › Section 67:14:31:60 - Attempt made to keep child in school of origin

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		26-4-7,
		28-8-28.
Law Implemented:
SDCL
		26-4-7,
		28-8-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:32 - Services to adoptive families › Section 67:14:32:01 - Definition of adoption

Current through Register Vol. 51, page 10, July 15, 2024
"Adoption," is the legal process whereby a person qualified under this
	 chapter adopts a child.
General Authority:
SDCL
		26-4-9.1.
Law Implemented:
SDCL
		26-4-9.1.
Subsidized adoption regulations, ch
		67:14:14.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:32 - Services to adoptive families › Section 67:14:32:05.03 - Screening for substantiated reports or convictions of abuse and neglect

Current through Register Vol. 51, page 10, July 15, 2024
The department shall screen an applicant and 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
	 he or she may request a hearing to refute the accuracy of the information
	 found. The hearing shall 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 his or her 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 his or her 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.
General Authority:
SDCL
		26-4-9.1(1)(3)(4).
Law Implemented:
SDCL
		26-4-9.1(1)(3)(4).