Adoption and Guardianship Assistance - South Dakota

Date: September 2023

What specific factors or conditions does your State consider to determine that a child cannot be placed with an adoptive family without providing financial assistance? ("What is your State definition of special needs?")

A child with special needs is defined as a child that has at least one of the following needs or circumstances that may be a barrier to placement or adoption without financial assistance:

  • A child’s age, race or religion
  • A child with a physical, emotional, neurological, or intellectual disability
  • A sibling group that needs to be placed together
  • A child needing extensive ongoing or anticipated medical care or therapy
  • Need of a prosthesis, extensive, on-going, or anticipated medical care, or therapy for speech, physical, or psychological problems
  • When adoption by the foster parents with whom the child is living is the only appropriate plan

 

What is the maximum amount a family may receive in non-recurring adoption expenses from your State? (Adoptive parents can receive reimbursement of certain approved, "one-time" adoption expenses incurred in the process of finalizing a special needs adoption.)

$1,500 per child

 

Does your State enter into deferred adoption assistance agreements? (In some States, adoptive parents can enter into an agreement in which they choose to defer the receipt of a Medicaid card, the monthly monetary payment, or both and can elect to receive the Medicaid card and/or monetary payment at another time.)

South Dakota offers deferred adoption assistance. An adoption assistance agreement will be established prior to finalization and will be held inactive until the adoptive parent requests a review to activate it.

 

When can adoption assistance payments and benefits begin in your State?

Adoption assistance payments and benefits may begin in South Dakota at adoption placement.

 

How are changes made to the adoption assistance agreement in your State?

  • When can a parent request a change in the adoption assistance agreement?
  • How does a parent request a change in the adoption assistance agreement?
  • What if a parent does not receive the change they request in the adoption assistance agreement?

The subsidy agreement may be modified, amended, rescinded, or canceled at any time in writing by mutual agreement of the adoptive parents and the department. Adoptive parents can request a change in the adoption assistance agreement whenever there is a change in the circumstances of the family or the needs of the child. Decisions are made on a case-by-case basis to pay for such needs as residential care and payment is available for South Dakota adoption assistance children only. To request an amendment to the adoption assistance agreement, the adoptive family must submit a written request to their adoption assistance worker. The request for change is considered by the administrator and the adoption program specialist. Frequently asked questions about the South Dakota Adoption Subsidy Program may be found on the South Dakota Department of Social Services website.

 

What types of postadoption services are available in your State, and how do you find out more about them?

Post adoption services in South Dakota are administered by the Department of Social Services (DSS), Division of Child Protection Services (CPS) through DSS, contracted agencies, and parent groups.

South Dakota has contracted with the Children’s Home Society to provide evaluations and therapy for adopted children and their families. To access postadoption services, adoptive families should contact the adoption unit at 605.773.3227.

Respite care is also available through the Post Adoption Contract with Children’s Home Society at 605.334.6004 or through a contract with the Division of Human Services at 1.800.265.9684.

Many private organizations offer a variety of respite options. See the ARCH National Respite Network Respite Locator Service, search by State to locate South Dakota's respite programs.

Note: Not all services may be available in all cases. Contact your adoption assistance worker or post adoption services contact for information regarding process, eligibility, availability, and duration of services.

 

What mental health services are provided by your State?

Public mental health services for children in South Dakota are administered by the Division of Behavioral Health. Services include the following examples: psychiatric and psychological evaluations, individual-group-family psychotherapy for the care and treatment of mental illness or disorders, in-patient and out-patient hospitalization, and prescription medication.

Note: Not all services may be available in all cases. Contact your adoption assistance worker or medical assistance specialist for information regarding process, eligibility, availability, and duration of services.

 

Does your State provide additional finances or services for medical or therapeutic needs not covered under your State medical plan to children receiving adoption assistance?

South Dakota offers what is known as Special Non-medical Subsidies. Funding is available for expenses incurred for services in care of the adopted child. Services include the following examples: expenses incurred in transporting the child to medical care, special education, and psychological treatment; psychological/psychiatric testing and treatment, special education necessary to meet psychological or emotional needs preexisting adoption finalization; and family training or education needed to address the child’s special needs or to provide for their care.

South Dakota also offers what is known as Medical and Surgical Subsidies. Funding is available for physical conditions that existed prior to adoption finalization and is only available once the adoptive family has exhausted all insurance resources. Services include the following examples: prescription medication, physician service, hospitalization/hospital services. If necessary services are not covered under South Dakota’s state medical plan, need for such services must be listed in the adoption assistance agreement to be eligible for funding.

Note: Not all services may be available in all cases. Contact your adoption assistance worker for information regarding process, eligibility, availability, and duration of services.

 

What is your State's process for applying for a fair hearing? (A fair hearing is a legal, administrative procedure that provides a forum to address disagreements with agency decisions.)

Adoptive parents can request a fair hearing whenever there is disagreement with a Department of Social Services decision that affects their child’s adoption assistance benefits. Requests for fair hearing in South Dakota are made by submitting a written request to:

Department of Social Services
Office of Administrative Hearings
700 Governors Drive
Pierre, South Dakota 57501
Phone: (605) 773-6851
E-mail: admhmgs@state.sd.us.

 

Does your state, territory, or tribe offer a guardianship subsidy or assistance (monthly payments and medical coverage) program?

A subsidy may be available to a family member who is granted guardianship of a child who was in the custody of the Department of Social Services. More information may be found on the South Dakota Department of Social Services website.

 

What are the eligibility criteria for a child to receive guardianship assistance?

The South Dakota DSS Website provides details on its website.

 

If a specific question is not displayed, the State or Territory did not provide a response to that question.