Administrative Rule 67:42:09 | South Dakota Legislature

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 27 SDR 121, effective May 28, 2001; repealed, 34 SDR 200, effective January 30, 2008.

Rule 67:42:09:03 Repealed.

67:42:09:03. Qualifications for executive director. Repealed.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 20 SDR 223, effective July 7, 1994; repealed, 34 SDR 200, effective January 30, 2008.

Rule 67:42:09:04 Fees for services.

67:42:09:04. Fees for services. The agency shall have a written fee policy for services provided to children, biological parents, adoption applicants, and adoptive parents. The fees shall be based on the cost of the services provided, and the fee policy shall include the conditions under which fees are charged or waived. The agency shall have a written statement on payment procedures for maintenance costs to foster parents.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-16.

Rule 67:42:09:05 Repealed.

67:42:09:05. Gratuities prohibited.Repealed.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 187, effective May 29, 1986.

Rule 67:42:09:06 Repealed.

67:42:09:06. Qualifications for director of social services.Repealed.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 187, effective May 29, 1986.

Rule 67:42:09:07 Qualifications for staff providing supervision.

67:42:09:07. Qualifications for staff providing supervision. An individual who supervises staff providing direct services and support must be a mental health professional who has at least a master's degree in psychology, social work, counseling, or nursing, currently holds a license in that field, and has two years of supervised post graduate clinical experience in a mental health, family, or child welfare setting. The supervisor may not have on record a substantiated report of child abuse or neglect.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 20 SDR 223, effective July 7, 1994; 27 SDR 121, effective May 28, 2001; 47 SDR 24, effective September 10, 2020.

General Authority: SDCL 26-6-16(1)(6).

Law Implemented: SDCL 26-6-16(1)(6).

Cross-Reference: Screening for substantiated reports of abuse and neglect, § 67:42:01:05.02.

Rule 67:42:09:07.01 Requirements for staff providing direct services and support to clients.

67:42:09:07.01. Requirements for staff providing direct services and support to clients. Staff performing intake services, direct services to children and families, case management, family education and support, liaison services, assessment studies for foster care, and adoptive services must have, at a minimum, an associate's degree in the social sciences or human services field and be supervised according to § 67:42:09:07. Staff may not have on record a substantiated report of child abuse or neglect.

Source: 12 SDR 187, effective May 29, 1986; 20 SDR 223, effective July 7, 1994; 47 SDR 24, effective September 10, 2020.

General Authority: SDCL 26-6-16(6).

Law Implemented: SDCL 26-6-16(6).

Cross-References: Standard requirements and responsibilities in the provision of client services, § 67:42:09:13; Screening for substantiated reports of abuse and neglect, § 67:42:01:05.02.

Rule 67:42:09:08 Qualifications and responsibilities of paraprofessional staff.

67:42:09:08. Qualifications and responsibilities of paraprofessional staff. An agency may employ paraprofessional staff to assist the social work staff. The paraprofessional staff may perform work only under the social work supervisor or social worker and may not assume the full responsibilities and duties normally assigned to a social worker. Paraprofessional staff may not have on record a substantiated report of child abuse or neglect.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 20 SDR 223, effective July 7, 1994; 39 SDR 220, effective June 27, 2013.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-16.

Cross-Reference: Screening for substantiated reports of abuse and neglect, § 67:42:01:05.02.

Rule 67:42:09:08.01 Contact with references required.

67:42:09:08.01. Contact with references required. The facility shall contact at least three former employers or, if former employers are not available, professional references of an employee applicant concerning the applicant's character and competence. The employee applicant may not be related to the former employers or the references. The facility shall maintain a record of the contacts. Records of contact must be in the form of a documented conversation or a written letter. Contacts must be on record before hiring staff.

Source: 12 SDR 187, effective May 29, 1986; 20 SDR 223, effective July 7, 1994; 39 SDR 220, effective June 27, 2013.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-16.

Rule 67:42:09:09 Use of volunteers.

67:42:09:09. Use of volunteers. An agency which regularly uses volunteers to work directly with clients shall do the following:

(1) The facility must have a written description of duties and specific responsibilities for volunteer positions;

(2) The facility must have at least three references for each volunteer. The references may not be related to the volunteer. References must be checked before the volunteer performs services. The provider must document the contacts with the references. Documentation must be in the form of a written letter or documented conversation;

(3) The facility must designate a staff member to supervise and evaluate volunteers;

(4) The facility must develop a written plan for the orientation and training of volunteers in the philosophy of the agency and the needs of the children in care;

(5) The facility must ensure that volunteers who work 30 or more hours per week meet the training requirements of § 67:42:09:10;

(6) The facility must inform the volunteers of their obligation to report and the method of reporting suspected child abuse and neglect in accordance with SDCL 26-8A-3 and 26-8A-8; and

(7) The facility must screen each volunteer applicant's name for substantiated reports of child abuse or neglect before the volunteer performs services to children. A volunteer may not have on record a substantiated report of child abuse or neglect.

Volunteers may not assume the duties of a social worker unless licensed as a social worker according to SDCL 36-26-15 or licensed as a social work associate according to SDCL 36-26-16.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 20 SDR 223, effective July 7, 1994.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-16.

Cross-Reference: Screening for substantiated reports of abuse and neglect, § 67:42:01:05.02.

Rule 67:42:09:10 Orientation and in-service training.

67:42:09:10. Orientation and in-service training. The agency shall have written plans for orientation and ongoing in-service training. Each staff member shall participate in the in-service training. The written plan for in-service training shall address the following areas for staff during the first year of employment:

(1) Administrative procedures and overall program goals;

(2) Understanding children's emotional needs and problems which affect and inhibit their growth;

(3) Family relationships and the impact of separation;

(4) Substance abuse and its recognition, prevention, and treatment;

(5) Identification and reporting of child abuse and neglect; and

(6) Principals and practices of child care.

For staff beyond the first year of employment, the plan must provide for competency-based training based on an annual evaluation of the staff member's competencies.

Each staff member shall have a minimum of 30 clock hours of in-service training annually.

An orientation course shall be completed by staff members within one month of their hire date. The agency may consider the orientation course a part of the required 30 hours of in-service training. The orientation course shall include the agency's functions, services, community resources, and specific job functions. Supervision of staff members as they perform their routine tasks may not be considered training activities for purposes of this requirement. Participation in training shall be documented and kept in the individual personnel files.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 39 SDR 220, effective June 27, 2013.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-16.

Rule 67:42:09:11 Staff personnel records.

67:42:09:11. Staff personnel records. A facility must maintain a personnel record on each employee and volunteer. The record must include the employee's or volunteer's application showing qualifications and experience, a job description, annual performance appraisals together with the employee's or volunteer's comments on the appraisal, a record of orientation and in-service training, documentation of the provider's contact with references, documentation of screening for substantiated reports of child abuse and neglect, and documentation that a criminal record check was completed.

The facility must make its personnel records available to the department for verification of the contents.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 20 SDR 223, effective July 7, 1994.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-16.

Cross-Reference: Screening for substantiated reports of abuse and neglect, § 67:42:01:05.02.

Rule 67:42:09:12 Repealed.

67:42:09:12. Intake policy. Repealed.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; repealed, 39 SDR 220, effective June 27, 2013.

Rule 67:42:09:13 Standard requirements and responsibilities in the provision of client services.

67:42:09:13. Standard requirements and responsibilities in the provision of client services. Extensive efforts shall be made to protect a child from unnecessary separation from the child's family or relatives. The agency's policies and procedures shall be written in accordance with these objectives and shall include the following:

(1) Intake services to determine whether or not the agency is suited to the client's needs;

(2) Treatment planning services through which the client and worker jointly determine the need and the services to be provided;

(3) Preplacement prevention services to resolve identified needs so as to prevent the separation of a child from parents;

(4) Permanency planning services provided after the placement of a child in a temporary foster home to help the child return to the child's family or to help the child achieve a permanent placement in the home of a relative, in an adoptive home, in a guardianship arrangement, in a long-term foster home placement, or in another permanent placement;

(5) Home finding - services for the recruitment, development, approval, and maintenance of foster and adoptive homes that reflects the ethnic and racial diversity of the child for whom a foster or adoptive home is needed;

(6) Placement and supervision - services associated with placement of a child in foster care or an adoptive home to insure successful placement; and

(7) Follow-up services to determine a client's need for further service.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 27 SDR 121, effective May 28, 2001; 39 SDR 220, effective June 27, 2013.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-16.

Cross-References: Definition of case plan, § 67:42:01:01; Foster care plan, § 67:42:09:17.

Rule 67:42:09:14 Repealed.

67:42:09:14. Adoptive services. Repealed.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 39 SDR 220, effective June 27, 2013.

Rule 67:42:09:15 Agency qualifications for adoptive applicants.

67:42:09:15. Agency qualifications for adoptive applicants. The agency must establish written qualifications for an adoptive applicant which include the following requirements:

(1) The applicant and members of the applicant's household must meet the requirements of § 67:14:32:08;

(2) The house must have working smoke detectors near the sleeping area. The water supply must be derived from a community water system or must be tested for bacteria and nitrates by the Department of Agriculture and Natural Resources or a laboratory certified by the Department of Health to conduct such tests and be determined to be safe for consumption. There must be space to accommodate the family's needs, including the needs of the child placed for adoption;

(3) The applicant must meet the physical health requirements of § 67:14:32:09. This requirement may be waived when a foster parent applies to adopt a child in foster care who is currently in the applicant's care;

(4) The household members have passed a screening for substantiated reports of child abuse or neglect under the provisions of § 67:14:32:05.03; and

(5) The household members have passed a criminal record check under the provisions of § 67:14:32:05.05.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 17 SDR 157, effective April 23, 1991; 21 SDR 206, effective June 4, 1995; 27 SDR 121, effective May 28, 2001; 39 SDR 220, effective June 27, 2013; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-8, 26-6-16, 26-6-23.2.

Cross-References: Right of licensed foster parents to apply for adoption -- Primary consideration, SDCL 26-6-21.1; Definition of community water system, § 74:04:05:01.

Rule 67:42:09:16 Adoptive placement services.

67:42:09:16. Adoptive placement services. The agency shall adopt written policies for the placement of a child free for adoption. The policies must provide for the following:

(1) Placement into an adoptive home as soon as possible after the child is legally free for adoption;

(2) Placement of an Indian child according to the Indian Child Welfare Act;

(3) Placement in the best interests of the child;

(4) Placement with relatives or extended family members if it is in the best interests of the child;

(5) Placement to meet the child's distinctive needs;

(6) Prohibition of placement based solely on the basis of race, color, or national origin of the adoptive or foster parent or the child involved;

(7) Continuation of services to assist the child and family, including payment of an adoption subsidy, if indicated in the child's case plan; and

(8) Delivery of a copy of the child's current medical records to the child's adoptive parents.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 27 SDR 121, effective May 28, 2001; 39 SDR 220, effective June 27, 2013.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-8, 26-6-16.

Rule 67:42:09:17 Foster care services.

67:42:09:17. Foster care services. The agency shall establish written policies for providing foster care services that include at least the following:

(1) A case plan to be developed within 30 days after the child's placement in foster care. The plan shall include a statement of where the child is being placed and assurances that this placement is the least restrictive setting available for the child; a statement regarding the necessity of the foster care placement; a description of the services which are to be provided to the child and the child's family to facilitate a permanent plan for the child; and projected dates for attaining the established goals;

(2) Continuing casework services to the child's parents and to the child to prepare them for the child's eventual return or to prepare them for other permanent plans being made for the child;

(3) Continuing casework services to the child and the child's foster parents as indicated in the child's case plan. The child's social worker shall visit the child and the child's foster parents at least once a month;

(4) Continuing contacts between the child's parents and their children unless parental rights have been terminated or either the court which has jurisdiction over the child or the child placement agency which has been assigned care, custody, and control of the child has determined that the contacts would be detrimental to the child's welfare;

(5) Regular educational instruction for children of school age; and

(6) Closure of a child's case. Closure of a case may occur only after a permanent plan has been established and services are no longer required.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 39 SDR 220, effective June 27, 2013.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-16.

Cross-Reference: Definition of case plan, subdivision 67:42:01:01(8).

Rule 67:42:09:18 Foster home services.

67:42:09:18. Foster home services. The agency shall approve foster homes with an annual letter or certificate of approval. The approval shall be based on the following qualifications:

(1) The foster home shall meet the emotional and physical needs of the child and, as appropriate and where possible, preserve the child's religious, racial, cultural, or tribal heritage; and

(2) The foster home shall meet the standards for licensing family foster homes as provided in chapters 67:42:01 and 67:42:05 or shall be approved by a tribe according to tribal law.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 17 SDR 157, effective April 23, 1991; 35 SDR 187, effective February 11, 2009.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-16.

Rule 67:42:09:18.01 Repealed.

67:42:09:18.01. Training and development. Repealed.

Source: 17 SDR 157, effective April 23, 1991; repealed, 35 SDR 187, effective February 11, 2009.

67:42:09:18.02. Host family volunteers. The following sections apply to host families: § 67:42:01:05.01, § 67:42:01:05.02, § 67:42:05:04, § 67:42:05:06, §§ 67:42:05:10.01 to 67:42:05:12, inclusive; and §§ 67:42:05:15 to 67:42:05:24, inclusive. The terms, host family, or, host families, shall be substituted for the terms, foster parent, or foster parents, when applying the listed sections to host families.

Each host family must complete training that includes:

i) Child development and attachment;

ii) Impact of separation and trauma;

iii) Managing behavior;

iv) Family engagement;

v) Reporting of abuse and neglect; and

vi) Home and vehicle safety.

Source: 39 SDR 127, effective January 23, 2013; 48 SDR 131, effective July 4, 2022.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-14, 26-6-16.

Rule 67:42:09:19 Medical and dental services.

67:42:09:19. Medical and dental services. The agency shall establish a written policy for the health care of every child in its care. Each child must receive physical and dental examinations as follows:

(1) A physical examination must be given according to the following age schedule:

(a) Three to five days;

(b) By one month;

(d) Four months;

(e) Six months;

(f) Nine months;

(g) 12 months;

(h) 15 months;

(i) 18 months;

(j) 24 months;

(k) 30 months; and

(l) At three years, every year until age 18;

(2) A dental examination must be given to each child once a year beginning at age one. The dental examination may be provided by either a physician or a dentist until age four. Beginning at age five the dental examination must be provided by a dentist;

(3) The agency shall obtain current immunizations and vaccinations for each child in its care in accordance with SDCL 13-28-7.1; and

(4) A child being placed in an adoptive home must be given a physical examination and a dental examination prior to the adoptive placement.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 39 SDR 220, effective June 27, 2013.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-16.

Rule 67:42:09:20 Repealed.

67:42:09:20. Services to unmarried parents. Repealed.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; repealed, 39 SDR 220, effective June 27, 2013.

Rule 67:42:09:21 Legal services and responsibilities.

67:42:09:21. Legal services and responsibilities. The agency shall employ or retain legal staff to represent the child in legal matters and to assure prompt resolution of legal questions in the best interests of the child. The agency shall have sufficient liability insurance to protect itself and children entrusted to its care from serious financial jeopardy.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-16.

Rule 67:42:09:22 Other agency services.

67:42:09:22. Other agency services. The agency shall provide or procure other services as needs may demand. The services may include psychiatric, legal, religious, special education, and physical therapy services. The agency shall ensure that adequate incidental, clothing, and educational expenses are allowed for each child in its care.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 39 SDR 220, effective June 27, 2013.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-16.

Rule 67:42:09:23 Interstate placement of children.

67:42:09:23. Interstate placement of children. Any child received by the agency from, or placed by the agency in, another state must be received or placed in accordance with chapter 67:14:24 on interstate placement of children or in accordance with comparable tribal laws on the receiving and placing of children.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-16.

Rule 67:42:09:24 Client case records.

67:42:09:24. Client case records. The child placement agency shall maintain a current and securely filed case record on each client served. The case records shall include at least the following:

(1) The current addresses of parents or other significant persons;

(2) Medical records with significant family health history and signed statements authorizing necessary medical or surgical treatment;

(3) Correspondence;

(4) Legal documents;

(5) Agency agreements or contracts;

(6) Reports from schools, specialists, and other agencies;

(7) A case plan; and

(8) Dated, ongoing records of treatment, supervisory visits, narrative of case worker visits, conferences, and contacts with other persons concerning services provided to the client.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 39 SDR 220, effective June 27, 2013.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-16.

Cross-References: Definition of case plan, subdivision 67:42:01:01(3); Foster care services, § 67:42:09:17.

Rule 67:42:09:25 Foster home record.

67:42:09:25. Foster home record. The child placement agency shall keep a current record on each of the foster homes it has approved to care for children who are under the age of 18. The record must contain the following information:

(1) The initial application and the annual reapplication for approval;

(2) Annual documented compliance with the requirements of chapters 67:42:01 and 67:42:05 or the foster home licensing standards established by a tribe in accordance with tribal law;

(3) A dated narrative record of all contacts regarding the home's compliance with licensing standards and a closure summary with the reasons for the closure, if applicable; and

(4) The home's annual certificates or letters of approval.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 39 SDR 220, effective June 27, 2013.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-16.

Rule 67:42:09:26 Adoptive home record.

67:42:09:26. Adoptive home record. The adoptive home record must include a signed application to adopt a child and a physician's report regarding the current health and any conditions of the applicants that might affect their own future health or life expectancy or adversely affect the child; correspondence; a complete record of the adoptive study which must contain the elements specified in § 67:14:32:11.01, together with the agency's evaluation and recommendations; a complete record of all written references; upon placement of the child in the home a signed agreement as to the terms of the placement; a record of placement of the child in the home and periodic evaluation of progress in the home with final recommendation as to legal adoption; and copies of legal documents upon final completion of the adoption.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 206, effective June 4, 1995.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-16.

Cross-Reference: Adoptive study, § 67:14:32:11.01.

Rule 67:42:09:27 Repealed.

67:42:09:27. Agency record and reports. Repealed.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; repealed, 39 SDR 220, effective June 27, 2013.

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