26-4-1
Superseded.
26-4-1.1, 26-4-2.
Superseded.
26-4-3, 26-4-4.
Superseded.
26-4-5, 26-4-6. Repealed.
26-4-7
Development of standards for child care agencies.
26-4-8
Repealed.
26-4-9
Repealed.
26-4-9.1
Adoption services program established--Rules adopted.
26-4-10 to 26-4-12. Repealed.
26-4-13
Foster care payments exempt from legal process.
26-4-14
Repealed.
26-4-15
Adoptive home study report for out-of-state children--Criminal record check and
central registry screening to be included.
26-4-5, 26-4-6. Repealed by SL 2012, ch 151, §§ 1, 2.
26-4-7. Development of standards for child care agencies.
The Department of Social Services shall develop standards of care for children in public agencies and private organizations caring for dependent, neglected, delinquent, or mentally handicapped children. The secretary of social services may adopt reasonable and necessary rules setting standards for child welfare agencies for care of children relating to the following areas:
(1) Service or treatment plan requirements for children in care;
(2) Administration and record keeping requirements;
(3) Staff requirements;
(4) Facility safety and sanitation requirements;
(5) Monitoring, evaluation, and audit requirements;
(6) Standards and requirements for the safety and health of children in care; and
(7) Standards and requirements required to obtain federal financial participation for the care of children outside their home in public agencies or private organizations.
Source: SDC 1939, § 55.3702 (1); SL 1981, ch 199, § 9.
26-4-8. Repealed by SL 2012, ch 151, § 3.
26-4-9.1. Adoption services program established--Rules adopted.
The Department of Social Services shall establish a program of adoption services. The secretary of social services may adopt reasonable and necessary rules for the operation of the program of adoption services including:
(1) Program administration;
(2) Adoptive applications and placements;
(3) Investigations and studies;
(4) Qualifications for adoptive families;
(5) Postadoptive services;
(6) Protection of records and confidential information required by statutory law to be held confidential; and
(7) Establishing reasonable fees consistent with the costs of such services.
Source: SL 1970, ch 147, § 2; SL 1981, ch 199, § 10.
26-4-10 to 26-4-12. Repealed by SL 2012, ch 151, §§ 4 to 6.
26-4-13. Foster care payments exempt from legal process.
Payments made for the foster care of children under programs of the Department of Social Services shall not be subject to garnishment or other legal process by any creditor of the payee, except for necessaries furnished for the subsistence and maintenance of the child or children for whom such payments are made.
Source: SL 1965, ch 265.
26-4-15. Adoptive home study report for out-of-state children--Criminal record check and central registry screening to be included.
For the purpose of placing identified children from a state other than South Dakota through a licensed child placement agency from another state for adoption with South Dakota families, an adoptive home study report shall be filed before placement with the Department of Social Services. The adoption home study and report may be provided 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. A home study conducted by a certified social worker in private independent practice shall include a criminal record check completed by the Division of Criminal Investigation and a central registry screening completed by the Department of Social Services. Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor.
Source: SL 1982, ch 197; SL 1990, ch 185, § 2; SL 1992, ch 180, § 2; SL 2002, ch 116, § 3.
