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 department.

A child who is in the custody of the Department of Social Services department 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 department shall contribute $1,000 towards the cost of each home study required under this section. The necessary funding must be budgeted and expended through the general appropriations act, pursuant to chapter 4-7. The Department 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.