Parties to An Adoption
South Dakota
Who May Adopt
Statute: § 25-6-2; 25-6-3
• Any adult
person, at least 10 years older than the adoptee
• A married
person who has the consent of his or her spouse, unless legally separated
Who May Be Adopted
Statute: §§ 25-6-2; 25-6-18
• Any minor
child
• An adult, if
he or she lived in the home of the adoptive parents during his or her minority
for at least 6 months
Who May Place a Child for Adoption
Statute: § 26-6-8
• A parent
• A guardian
• A relative
within the 2nd degree
• A licensed
child welfare agency
• The
Department of Social Services
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.
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