Placement of Children With Relatives - South Dakota

Date:

Relative Placement for Foster Care and Guardianship

Citation: Ann. Laws §§ 26-7A-19; 26-7A-19.1

If the child is an apparent, alleged, or adjudicated abused or neglected child, the court may continue the temporary custody of the child after the temporary custody hearing under the terms and conditions for a duration and placement that the court requires, including placement of temporary custody of the child with the Department of Social Services, in foster care, or shelter.

The court and the department shall give placement preference to a relative, custodian, or an individual not related by birth, adoption, or marriage to the child but who has an emotionally significant relationship with the child who is available, and who has been determined by the department to be qualified, if that placement with the relative or custodian is in the best interests of the child.

As used in this section, the term 'relative' means an adult who is related to the child by blood, adoption, or marriage, and who is the child's grandparent; the sibling of the child's parent or grandparent; the child's sibling and the sibling's spouse or child; or the child's great-grandparent, first cousin, second cousin, stepparent, or stepsibling. The term 'custodian' means an adult who is the birth parent, adoptive parent, or guardian of the child's sibling or half-sibling.

After a temporary custody hearing, if a placement is made of an apparent, alleged, or adjudicated abused or neglected child, placement preference shall be given to a relative entitled to placement under § 26-7A-19.

Requirements for Placement with Relatives

Citation: Ann. Laws § 26-7A-19.2

If a family service specialist employed by the Division of Child Protection Services within the department is contacted by a relative about the relative's desire to take temporary or permanent placement of an alleged or adjudicated abused or neglected child who has been removed from the child's parent, guardian, or custodian, the division shall document the contact in the child's file. The division shall send information to the relative within 5 business days informing the relative of the steps required in order for the relative to be considered for placement. The information shall be sent by first-class mail to the last known address of the relative. Nothing in this section prohibits the division from contacting any other person or agency regarding placement of the child.

Requirements for Placement of Siblings

Citation: Admin. Code § 67:42:05:04

The family foster parent may provide care for up to six children, including the foster parent's own children who are under age 18 and residing in the home. There may be no more than two children under age 2, including the foster parent's own children. Exceptions to this requirement may be made by the department to keep siblings together or to place a child with a foster parent who is a relative.

Relatives Who May Adopt

This issue is not addressed in the statutes and regulations reviewed.

Requirements for Adoption by Relatives

This issue is not addressed in the statutes and regulations reviewed.