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.

 

          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).

 

          67:14:32:08.  General qualifications for adoptive applicants. To qualify as an adoptive applicant:

 

          (1)  The applicant shall be at least 21 years of age and resides in South Dakota. Verification of age is required;

 

          (2)  No member of the applicant's household 18 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 of the crimes specified in § 67:14:32:05.05;

 

          (4)  The applicant shall be capable of providing good care for children;

 

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

 

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

 

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

 

          (8)  The applicant shall have the ability to parent a 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. An applicant shall have the ability to offer continuing care and guidance to a child throughout the stages of the child's development in a manner consistent with the social and cultural heritage norms of the child. The applicant shall be able to continue meeting the needs of the applicant's own children, if any. The applicant shall display the capacity to provide good care for children.

 

          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.

 

          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.

          General Authority: SDCL 26-4-9.1(1)(3)(4).

          Law Implemented: SDCL 26-4-9.1(1)(3)(4).

 

          Cross-References:

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

          Home study report required -- Criminal record check and central registry screening to be included -- Violation as misdemeanor, 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 for approval of foster or adoptive placement, SDCL 26-6-14.13.

 

          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 12 months preceding the application is acceptable. The applicant may obtain the physical examination forms from the department. The forms must be completed by the attending physician, physician's assistant, or certified nurse practitioner and returned to the department. Each household member 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.

 

          The applicant shall also present evidence to the department that each household member under the age of 18 meets the immunization requirements of the Department of Health, unless the immunization is contrary to the individual's health as documented by a licensed health care professional or the application provides a signed written statement that the applicant adheres to a religious doctrine whose teachings are opposed to such immunization. The minimum immunization requirements for a child age four months through six years include: diphtheria, tetanus, and acellular pertussis (DTaP); poliovirus; measles, mumps, and rubella (MMR); and varicella. The minimum immunization requirements for a child age 7 through 18 include: tetanus, diphtheria, and acellular pertussis (Tdap) and meningococcal ACYW (MCV4). Each household member who will have contact with an infant or child with health issues that make them vulnerable to a serious or life-threatening condition if they are exposed to the influenza virus must receive an annual Influenza vaccine and have an up-to-date pertussis (whooping cough) vaccine.

 

          Additional recommended immunizations include: Rotavirus, Haemophilus Influenzae Type b (Hib), Hepatitis A (Hep A), Hepatitis B (Hep B), Pneumococcal, and Influenza.

 

          If questions arise during the adoptive study concerning the applicant's medical condition or the medical condition of another household member, additional medical evaluations may be required.

 

          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.

          General Authority: SDCL 26-4-9.1(1)(2)(4).

          Law Implemented: SDCL 26-4-9.1(1)(2)(4).

 

          67:14:32:10.  Approval or denial of adoption application for children in department custody -- Notice. Within 120 days after application, the department shall notify the applicant in writing of the approval or denial. If the application is denied, the department shall 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.

 

          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.

          General Authority: SDCL 26-4-9.1(1)(2).

          Law Implemented: SDCL 26-4-9.1(1)(2).

 

          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.

 

          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).

 

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