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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

  1. • Only a licensed agency or the Department of Social Services may place a child for adoption.
  2. • 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

  1. • It is unlawful to offer or receive payment in connection with placing a child or consenting to an adoptive placement.
  2. • 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.

Gavel Icon  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

© This information is from the National Adoption Information Clearinghouse.


If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.


DISCLAIMER

American Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.

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