Title 26 — MINORS

Upon discharge of a resident, all moneys and funds of that resident which have been entrusted to the home, center, or other facility covered by §§ 26-6-20.1 to 26-6-20.10 , inclusive, shall be surrendered to the resident, his guardian, conservator, or to his parents if a minor, i…

Any licensed child welfare agency may place children in family homes for care or for adoption if authorized to do so in the license issued by the Department of Social Services. Whenever a child welfare agency licensed to place children for adoption shall have been given the perma…

26-6-23 Grounds for revocation or refusal to issue or renew child welfare agency license or registration. 26-6-23.1 Revocation or refusal to issue or renew license or registration for child abuse or violence. 26-6-23.2 Central registry background checks on employees. 26-6-24 Noti…

If at any time the Department of Social Services finds that a child in a child welfare agency is subject to undesirable influences or lacks proper and wise care and management, it shall notify the child welfare agency who has placed the child in the agency to remove him from the …

The Department of Social Services may revoke or refuse to issue or renew any license or registration certificate of a child welfare agency if the applicant, licensee, or registrant willfully and substantially: (1) Fails to meet the department's standards for licensure or registra…

The department may revoke or refuse to issue or renew the license or registration certificate of any child welfare agency if the owner or operator of the agency, a staff member, a member of the facility owner's family residing at the facility, or any other resident of the facilit…

The department shall conduct central registry background checks on all known employees of any child welfare agency. Source: SL 1988, ch 211 , § 3.

No license or registration certificate of a child welfare agency may be revoked or renewal refused, unless the holder of the license or registration certificate is given notice by registered mail of the facts or conduct which warrant the intended action. If the intended action is…

Whenever the Department of Social Services is advised or has reason to believe that any person is conducting or maintaining a child welfare agency without a license or registration certificate as required by this chapter, it shall have an investigation made. If the person is cond…

26-6-28 Reduction of number of children in foster care. 26-6-29 Shelters for battered spouses exempt. 26-6-30 26-6-30 to 26-6-34. Repealed by SL 2004, ch 167 , §§ 6 to 10 26-6-35 Foster care for person under continuing juvenile jurisdiction who is over the age of majority. 26-6-3…

Nothing contained in this chapter applies to educational services performed by an institution, school, or nursery school if the care and maintenance of children is only incidental to the operation of the school, to services performed by summer or recreational camps designed prima…

Each year, the Department of Social Services shall reduce the number of children who have been in foster care more than twenty - four months and who have received or are receiving assistance under Title IV - E of the Social Security Act. The amount of the reduction shall be one -…

This chapter does not apply to agencies which provide shelter, food, or counseling to a battered spouse and his children if the parent remains responsible for the care of his child. Source: SL 1985, ch 211 , § 16. 26-6-30 to 26-6-34. Repealed by SL 2004, ch 167 , §§ 6 to 10

Notwithstanding the provisions of §§ 26-1-1 , 26-6-6.1 , and 26-7A-101 , a child welfare agency and the Department of Corrections may provide foster care for a person over the age of majority but less than twenty-one years of age if the person is under the continuing juvenile jur…

Terms used in §§ 26-6-36 to 26-6-50 , inclusive, mean: (1) "Child-placement agency," a private organization that receives and places children in foster homes or for adoption, with or without compensation, as a regular activity of that organization or that performs those services …

For the purposes of §§ 26-6-36 to 26-6-50 , inclusive, the term, adverse action, means any action that directly or indirectly adversely affects a child-placement agency or organization seeking to become a child-placement agency, places the child-placement agency or organization i…

No child-placement agency may be required to provide any service that conflicts with, or provide any service under circumstances that conflict with any sincerely-held religious belief or moral conviction of the child-placement agency that shall be contained in a written policy, s…

The state may not discriminate or take any adverse action against a child-placement agency or an organization seeking to become a child-placement agency on the basis, wholly or partly, that the child-placement agency has declined or will decline to provide any service that confli…

Any faith-based or religious child-placement agency or organization that seeks to become a child-placement agency is eligible, on the same basis as any other child-placement agency or organization, to receive a license or participate in a state benefit program. The state may not …

A faith-based or religious child-placement agency that enters into a contract with the state or participates in a state benefit program for child-placement services shall retain the agency's independence from the state, including the child-placement agency's control over the defi…

No provision of §§ 26-6-36 to 26-6-50 , inclusive, may be construed to allow a child-placement agency to decline to provide a service on the basis of a person's race, ethnicity, or national origin. Due regard shall be afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901-19…

Claim or defense based on §§ 26-6-36 to

Any person who successfully asserts a claim or defense pursuant to §§ 26-6-36 to 26-6-50 , inclusive, may recover the following: (1) Declaratory relief; (2) Injunctive relief to prevent or remedy a violation of the provisions of §§ 26-6-36 to 26-6-50 , inclusive, or the effects o…

A person may sue the state for the relief allowed pursuant to §§ 26-6-36 to 26-6-50 , inclusive. However, no provision of §§ 26-6-36 to 26-6-50 , inclusive, otherwise waives the sovereign immunity of the state. Source: SL 2017, ch 114 , § 10.

The provisions of §§ 26-6-36 to 26-6-50 , inclusive, shall be construed in favor of a broad protection of free exercise of religious beliefs and moral convictions, to the maximum extent afforded by the federal and state constitutions. The protection of free exercise of religious …

The provisions of §§ 26-6-36 to 26-6-50 , inclusive, apply to, and in cases of conflict, supersede any other provision of law that impinges upon the free exercise of religious beliefs and moral convictions protected pursuant to §§ 26-6-36 to 26-6-50 , inclusive, unless a conflict…

To assert a claim under the provisions of §§ 26-6-36 to 26-6-50 , inclusive, a person shall bring an action no later than two years after the date the person knew or should have known that discrimination occurred or an adverse action was taken against the person. Source: SL 2017,…

The provisions of §§ 26-6-36 to 26-6-50 , inclusive, apply to any foster care or adoption placement for which a child-placement agency has received funding for that particular placement comprised in part of a federal subsidy only to the fullest extent allowed under federal law. S…

26-6-45 Sovereign immunity not waived. 26-6-46 Broad protection of free exercise of religious beliefs and moral convictions. 26-6-47 Other law in conflict preempted. 26-6-48 Time for asserting claim. 26-6-49 Construction with federal law. 26-6-50 Other child-placement agencies no…

The secretary of the Department of Social Services shall designate a person or entity outside the Department of Social Services to serve as the monitor and whose primary responsibility is to receive and resolve complaints related to the quality of care provided to youth placed in…

The monitor designated as provided in § 26-6-51 shall: (1) Investigate and resolve complaints related to the quality of care provided to youth placed in the custody or care of a facility, center, or program as provided in § 26-6-51 ; (2) Access any youth in the custody or care of…

If the monitor has reasonable cause to suspect that a youth under the age of eighteen has been abused or neglected as defined in § 26-8A-2 , the monitor shall immediately report that information to the Division of Child Protection of the Department of Social Services. Any investi…

For purposes of any audit, report, evaluation, or public testimony that may be permitted or required under §§ 26-6-52 to 26-6-57, inclusive, no disclosure of the identity of, or any other personally identifiable information related to, any youth or any person requesting assistanc…

A person who knowingly hinders the lawful actions of the monitor is guilty of a Class 1 misdemeanor. Source: SL 2020, ch 107 , § 6.

No state agency, facility, center, or program as provided in § 26-6-51 , and no individual acting for a state agency or a facility, center, or program as provided in § 26-6-51 may take any adverse action against an individual in retaliation because the individual cooperated with …

The identity of the youth and of any person or agency making a report to the monitor is confidential. Source: SL 2020, ch 107 , § 8.

26-6-9 License or registration required for child care or placement by public or private agency--Waiver violation as misdemeanor. 26-6-10

No person other than the parents, guardian, or relatives within the second degree, and no firm, limited liability company, corporation, association, or organization other than a licensed child welfare agency, or the Department of Social Services, may place any child in the contro…

No person, firm, limited liability company, corporation, association, organization, municipality, or county, other than the Department of Social Services, may establish or maintain a child welfare agency or receive children for care or for placement in a family home unless licens…

Source: SL 2018, ch 166 , § 1; SL 2020, ch 89 , § 4.

Source: SL 2013, ch 121 , § 3.

Source: SL 2013, ch 121 , § 1.

Source: SDC 1939, § 43.0330; SL 1991, ch 217 , § 95B; SDCL, § 26-8-47; SL 1993, ch 213 , § 122; SL 1996, ch 172 , § 9.

Terms used in this chapter and in chapters 26-8A , 26-8B , and 26-8C mean: (1) "Abused or neglected child," a child as defined in § 26-8A-2 ; (2) "Adjudicatory hearing," a hearing to determine whether the allegations of a petition alleging that a child is abused or neglected are …

If a state's attorney is informed by a law enforcement officer or any other person that a child is, or appears to be, within the purview of this chapter and chapter 26-8A , 26-8B , or 26-8C , the state's attorney shall make a preliminary investigation to determine whether further…

Unless otherwise specifically ordered by the court in its order or decree, nothing in this chapter or in chapter 26-8A , 26-8B , or 26-8C gives the conservatorship of the estate of the child to any guardian appointed or changes the age of minority of a child for any purpose unles…

Except as provided in § 26-11A-21 , guardianship or conservatorship of a child under this chapter or chapter 26-8A , 26-8B , or 26-8C shall continue until the court orders otherwise, but not after the child has attained the age of majority except as stated in §

If the court commits the child to the Department of Corrections, the court's jurisdiction shall be limited to §

The court may require any guardian, institution, or association having custodial care of a child under this chapter or chapter 26-8A , 26-8B , or 26-8C to submit to the court a complete report on the party's actions regarding the child in the manner and form and at the time direc…

On consideration of the report of the guardian, institution, or association submitted to the court pursuant to § 26-7A-103 , except for a child committed to the Department of Corrections, the court may conduct a review dispositional hearing and: (1) Remove the guardian and appoin…