South Dakota Administrative Code

Rule 67:14:31:39 Repealed. 67:14:31:39. Payments during temporary absence from foster care. Repealed. Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:31:15, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 37 SDR 222, effective June 7, 2011.

Rule 67:14:31:40 Computation of days in care. 67:14:31:40. Computation of days in care. In computing days in care, the day the child is placed in care shall be counted but not the day the child is removed. When a child is admitted and removed from care on the same day it shall be…

Rule 67:14:31:41 Repealed. 67:14:31:41. Payment of required school fees. Repealed. Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:31:17, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; repealed, 37 SDR 222, effective July …

Rule 67:14:31:42 Repealed. 67:14:31:42. Payment for health care. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:35, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 37 SDR 222, effective June 7, 2011.

Rule 67:14:31:43 Repealed. 67:14:31:43. Time limit for receipt of claims for medical or dental services.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:36, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

Rule 67:14:31:44 Repealed. 67:14:31:44. Payment for dental care.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:37, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; repealed, 23 SDR 191, effective May 22, 1997.

Rule 67:14:31:45 Repealed. 67:14:31:45. Payment for orthodontia treatment.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:38, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

Rule 67:14:31:46 Repealed. 67:14:31:46. Qualified orthodontists.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:40, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

Rule 67:14:31:47 Repealed. 67:14:31:47. Orthodontia charges.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:39, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

Rule 67:14:31:48 Repealed. 67:14:31:48. Orthodontia transportation expenses paid.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:50, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; repealed, 23 SDR 191, effective May 22, 1997.…

Rule 67:14:31:49 Repealed. 67:14:31:49. Payment of special services. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:41, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 37 SDR 222, effective June 7, 2011.

Rule 67:14:31:50 Repealed. 67:14:31:50. School insurance premiums.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:52, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

67:14:31:51. School transportation expenses paid. Transportation expenses may be paid by the department when foster parents are required to transport children to school and this expense is not reimbursed by the school district or the Department of Education. The cost of transport…

Rule 67:14:31:52 Repealed. 67:14:31:52. Vacation transportation expenses paid. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:49, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 37 SDR 222, effective July 7, 2011.

Rule 67:14:31:53 Repealed. 67:14:31:53. Evaluation interview transportation expenses paid.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:13:51, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 96, effective December 9, 1985.

Rule 67:14:31:54 Payment of out-of-state foster care. 67:14:31:54. Payment of out-of-state foster care. If a foster parent moves out-of-state with a child in foster care, the department shall reimburse the foster parent at the foster care rate established by that state or South D…

Rule 67:14:31:55 Authorization required for relocation. 67:14:31:55. Authorization required for relocation. The department may authorize a South Dakota foster parent who is moving from the state to take the child in foster care with the foster parent if the removal of the child t…

Rule 67:14:31:56 Authorization of out-of-state placements. 67:14:31:56. Authorization of out-of-state placements. The department may place a child who is a resident of South Dakota into a foster home located outside of South Dakota if the out-of-state foster home has been license…

Rule 67:14:31:56.01 Placement in out-of-state group care or residential treatment center. 67:14:31:56.01. Placement in out-of-state group care or residential treatment center. The department may authorize the placement of a child who is a resident of South Dakota into an out-of-s…

Rule 67:14:31:57 Repealed. 67:14:31:57. Department to review cases.Repealed. Source: 4 SDR 41, effective January 16, 1978; transferred from § 67:14:31:19, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:14:31:58 Repealed. 67:14:31:58. Department to refer cases.Repealed. Source: 4 SDR 41, effective January 16, 1978; transferred from § 67:14:31:20, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:14:31:59 Permanency hearings in state court. 67:14:31:59. Permanency hearings in state court. When the department has custody of a child and has placed the child into alternative care, the child must have a permanency hearing before the court of present jurisdiction withi…

Rule 67:14:31:59.01 Dispositional hearings in tribal court. 67:14:31:59.01. Dispositional hearings in tribal court. Each child in tribal custody who has been placed into alternative care through tribal court must have a dispositional hearing before the court of present jurisdicti…

Rule 67:14:31:60 Attempt made to keep child in school of origin. 67:14:31:60. Attempt made to keep child in school of origin. When placing a child in alternative care, the department shall make every effort to keep the child in the child's school of origin. The child may be place…

67:14:32:01. Definitions. Terms used in this chapter mean: (1) "Adoption," the legal process whereby a person qualified under this chapter adopts a child; (2) "Department," the Department of Social Services; and (3) "Kinship child," an abused or neglected child, as defined by SDC…

Rule 67:14:32:02 Repealed. 67:14:32:02. Department defined.Repealed. Source: 2 SDR 62, effective April 5, 1976; repealed, 7 SDR 23, effective September 18, 1980.

Rule 67:14:32:03 Repealed. 67:14:32:03. Request for service.Repealed. Source: 2 SDR 62, effective April 5, 1976; repealed, 7 SDR 23, effective September 18, 1980.

Rule 67:14:32:04 Repealed. 67:14:32:04. Information service.Repealed. Source: 2 SDR 62, effective April 5, 1976; repealed, 7 SDR 23, effective September 18, 1980.

Rule 67:14:32:05 Repealed. 67:14:32:05. Number of adoption applications processed -- Notification of application. Repealed. 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 2…

Rule 67:14:32:05.01 Repealed. 67:14:32:05.01. Application fee.Repealed. Source: 2 SDR 62, effective April 5, 1976; 3 SDR 85, effective June 21, 1977; transferred from § 67:14:32:23, 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 S…

Rule 67:14:32:05.02 Repealed. 67:14:32:05.02. Adoption applications may be limited or closed -- Exceptions.Repealed. Source: 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

Rule 67:14:32:05.03 Screening for substantiated reports or convictions of abuse and neglect. 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 l…

Rule 67:14:32:05.04 Repealed. 67:14:32:05.04. Applications not accepted from individuals with adoption action pending.Repealed. Source: 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

67:14:32:05.05. Application denied if criminal record check detects certain crimes. The department must deny an application and notify the applicant of the denial if the criminal record check required under § 67:14:32:11.01 detects: (1) A conviction for a crime that would indicat…

Rule 67:14:32:06 Transferred. 67:14:32:06. Transferred to § 67:14:32:11.01.

Rule 67:14:32:07 Repealed. 67:14:32:07. Adoptive placement. Repealed. Source: 2 SDR 62, effective April 5, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 37 SDR 222, effective June 7, 2011.

67:14:32:08. General qualifications for adoptive applicants. To qualify as an adoptive applicant: (1) The applicant must be at least nineteen years of age and reside in South Dakota; (2) No member of the applicant's household who is eighteen years of age or older, other than a ch…

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 twelve months preceding the application is acceptable. The department shall provide the fo…

Rule 67:14:32:09.01 Repealed. 67:14:32:09.01. Preference given to certain families.Repealed. Source: 17 SDR 157, effective April 23, 1991; repealed, 23 SDR 191, effective May 22, 1997.

67:14:32:10. Approval or denial of adoption application -- Notice. Within one hundred twenty days after the department receives an application, the department shall notify the applicant in writing of the approval or denial of the application. If the application is denied, the dep…

Rule 67:14:32:11 Closing of application. 67:14:32:11. Closing of application. Individual applications for adoption shall be closed by the department when the applicant voluntarily withdraws an application or the applicant fails or refuses to provide the requested information need…

67:14:32:11.01. Adoptive study. An adoptive study, required by SDCL 25-6-9.1, includes an evaluation of the applicant based on references, personal interviews, screenings against the central registry for substantiated reports of abuse or neglect, a criminal record check, informat…

Rule 67:14:32:11.02 Repealed. 67:14:32:11.02. Contents of adoption home work assignments.Repealed. Source: 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 17 SDR 157, effective April 23, 1991.

Rule 67:14:32:11.03 Repealed. 67:14:32:11.03. Adoptive study fee. Repealed. Source: 2 SDR 62, effective April 5, 1976; transferred from § 67:14:32:24, 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 30, effective September 16, 1982; repea…

Rule 67:14:32:12 Repealed. 67:14:32:12. Approval of adoptive study not a commitment to place child. Repealed. 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; repealed, 37 SDR 222, effective June 7, 201…

Rule 67:14:32:13 Termination of adoptive study. 67:14:32:13. Termination of adoptive study. An adoptive study may be terminated at any point by mutual decision of the applicant and the department, by the applicant alone, or by the department alone. If the department elects to ter…

Rule 67:14:32:14 Children shall be placed in approved adoptive homes. 67:14:32:14. Children shall be placed in approved adoptive homes. Adoptive homes shall be approved by the department or another agency licensed or authorized to place children in a state where the agency is loc…

Rule 67:14:32:15 Department shall supervise placement. 67:14:32:15. Department shall supervise placement. The department shall supervise the placement of a child for adoption and maintain contacts with the adoptive parents and child until the completion of legal adoption. Source:…

Rule 67:14:32:16 Children eligible for placement. 67:14:32:16. Children eligible for placement. Children in or from South Dakota who are or can be made legally free for adoption are eligible for the adoption services of the department. The department may provide services to child…

Rule 67:14:32:17 Filing of petition. 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…