South Dakota's Laws on Living Expenses
South Dakota
Birth Parent Expenses Allowed Statute: § 25-6-4.2
Charges approved by
the court
Birth Parent Expenses Not Allowed Not
addressed in statutes reviewed
Allowable Payments for Arranging Adoption Statute: § 26-6-8
-
• Only a licensed agency or the
Department of Social Services may place a child for adoption.
-
• It is unlawful to offer or
receive payment in connection with placing a child or consenting to an adoptive
placement.
Allowable Payments for Relinquishing Child Statute: §§
25-6-4.1; 25-6-4.2
-
• It is unlawful to offer or
receive payment in connection with placing a child or consenting to an adoptive
placement.
-
• It is unlawful to compel or
force by any means a person to place, sell, or relinquish any minor child.
Allowable Fees Charged by Department/Agency Statute: §
25-6-4.2
Charges approved by
the court
Accounting of Expenses Required by Court
The Adoption Code
does not require an accounting, but judges may, at their discretion, ask for
one.
Decision-Making for the Permanent Placement of Children
Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:
- Within 12 months of the child's placement in care; at least every 12
months thereafter
- Within 30 days after a finding that reasonable efforts to reunify are not
required
Persons Entitled to Attend Hearings
Citation: § 40-11.12.1
- All parties
- The foster parents
- Any preadoptive parent or relative providing care for the child
Determinations Made at Hearings
Citation: § 40-11.12.1
- The appropriateness of the service plan
- What services have been offered
- Any further efforts that will promote the best interests of the child
Permanency Options
Citation: § 40-11.12.2
- Return to the parent
- Adoption
- Legal guardianship
- Placement with a fit and willing relative
- Another planned permanent living arrangement
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