An Act to remove the requirement for payment of a private home study by the Department of Social Services.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 25-6-9.1 be AMENDED:

25-6-9.1. A person may not place a child in a home for adoption until a home study has been completed by a licensed child placement agency, as defined in § 26-6-14, the Department of Social Services, or a certified social worker eligible to engage in private independent practice, as defined in § 36-26-17. Any person who submitted home studies under this section or under § 26-4-15 prior to July 1, 1990, may continue to submit home study reports without meeting the above requirements.

A home study must include a fingerprint-based criminal record check completed by the Division of Criminal Investigation and a central registry screening completed by the Department of Social Services.

A child who is in the custody of the Department of Social Services may not be placed in a home for adoption until a fingerprint-based criminal record check has been completed by the Federal Bureau of Investigation, for each adopting parent.

The cost of a home study required under this section is the responsibility of the Department of Social Services. The necessary funding must be budgeted and expended through the general appropriations act, pursuant to chapter 4-7. The Department shall make rules pursuant to chapter 1-26 to establish a cap on the cost to be reimbursed.

Any person who violates this section is guilty of a Class 1 misdemeanor.