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The Association of Administrators of the Interstate Compact on the Placement of Children (AAICPC) was established in 1974 and consists of members from all 50 states, the District of Columbia and the U.S. Virgin Islands. The AAICPC has authority under ICPC to "promulgate rules and regulations to carry out more effectively the terms and provisions of this compact." The AAICPC obtains its Secretariat Services, as an affiliate of the American Public Human Services Association (APHSA).
For more information, please visit the AAICPC website.
American Public Human Services Association
1133 Nineteenth Street, NW
Suite 400
Washington, DC 20036
(202) 682-0100
fax: (202) 289-6555
Web Manager: Carla Fults [cfults@aphsa.org]
Compact Administrators
| Compact Administrator Pamela Bennett |
Deputy Compact Administrator Kathy Miller
|
Consultants
| ICPC Specialist (A-H) | Administrative Assistant (A-L) Position Vacated |
| ICPC Specialist (I-Q) Position Vacated |
Administrative Assistant (M-Z) Position Vacated |
| ICPC Specialist (R-Z) no information provided |
Mailing Address
| Regular Mailing Address Dept of Social Services |
Federal Express Address no information provided |
Useful Telephone Numbers
| Child Abuse Hotline 1-877-244-0864 |
Juvenile Compact Office no information provided |
| Mental Health Compact Office no information provided |
Useful Websites
General Iinformation
Co-Located Compacts - ICPC, ICAMA, ICJ
Independent /Private
Independent/Private Adoptive Placements:
South Dakota permits private attorney, private agency and/or independent adoptions
| Adoption Type | Yes/No |
|---|---|
| Private Agency |
Adoption Statute-Non-Agency; Independent; Private Adoptions:
Public
Public Adoptive Placements-Requirements
Licensed home through SD
INDEPENDENT / PRIVATE / PUBLIC
The following information applies to independent, private and public adoptions
Adoption Assistance
Adoption assistance payments begins
Sending State Adoption Subsidy Payments (Guidelines)
Special Needs
South Dakota definition of "Special Needs"
(1) When the legal authority to place and to consent to the child's adoption is held by the department ;
(2) If the child was not adopted under a subsidized adoption agreement, the child would need to be supported by public foster care funds administered by the department; or
(3) When special needs and circumstances of the child result in a limited number of suitable adoptive homes being available necessitating the use of a subsidized adoptive home. The special needs and circumstances include:
(a) A child's age, race, or religion;
(b) A child with a physical, emotional, neurological, or intellectual handicap or problem;
(c) A sibling group that needs to be placed together;
(d) A child needing a prosthesis, extensive ongoing or anticipated medical care, or therapy for speech, physical, or psychological problems; and
(e) When adoption by the foster parents with whom the child is living is the only appropriate plan
Finalization
Adoption may be finalized in another state:
Before finalization can occur in South Dakota, child must be in adoptive placement:
Statutory code/cite for Adoption Petition
SDCL 25-6-10
Court Jurisdiction for Adoption Cases
SDCL 25-6-6
Home Study (Adoptions)
Statutory code/cite for the Adoptive Home Studies:
SDCL 25-6-9.1
Independent /Private
Independent/Private Adoptive Placements:
South Dakota permits private attorney, private agency and/or independent adoptions
| Adoption Type | Yes/No |
|---|---|
| Private Agency | Yes |
| Private Attorney | Yes |
| Independent | Yes |
Adoption Statute-Non-Agency; Independent; Private Adoptions:
Public
Public Adoptive Placements-Requirements
INDEPENDENT / PRIVATE / PUBLIC
The following information applies to independent, private and public adoptions
Adoption Assistance
Adoption assistance payments begins
Sending State Adoption Subsidy Payments (Guidelines)
Special Needs
South Dakota definition of "Special Needs"
Finalization
Adoption may be finalized in another state:
Before finalization can occur in South Dakota, child must be in adoptive placement:
Statutory code/cite for Adoption Petition
Court Jurisdiction for Adoption Cases
Home Study (Adoptions)
Statutory code/cite for the Adoptive Home Studies:
Prospective adoptive parents permitted to pay for a pre-adoptive home study
Prospective adoptive parents permitted to pay for a pre-adoptive home study
State's age of majority
Statutory code/cite and the age of majority:
Services (after Age of Majority)
As the Receiving State, the following services will be provided/continued at the age of majority:
Appeals permitted:
Border Agreements permitted:
Current Border Agreements with:
Home Studies which Require Criminal / Perpetrator Record Checks
South Dakota requires criminal background checks for the following home studies:
Criminal Background Screening
The following methods are used to capture fingerprints to conduct criminal records checks/and abuse and neglect.
Criminal background checks/screening via Live Scan or other computerized technology are offered at the following levels:
Background Screening
State or Local Criminal Record Checks Requirements/Process:
Submit fingerprint cards to state Division of Criminal Investigations. Fingerprint cards are not submitted to local agencies.
Applicant will not be approved if the person has committed any of the following misdemeanor or felony offenses:
Any crimes that would indicate harmful behavior towards children as defined in SDCL 22-1-2, A sex crime pursuant to SDCL chapters 22-22 or SDCL 22-22A-3 or similar statutes from another state, or within the preceding five years, a conviction for any other felony.
Type of Checks (Crim. & Abuse Neglect Registry)
South Dakota requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care |
Wait Time for Criminal Records Results
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: Not Offered
Manually - Fingerprint Card
- State: 8-14 days
- Local/County: Not Offered
Verification of Criminal Records Results
(NOTE: These are private or domestic custody matters brought before the court for determination/decision)
Non-ICPC Requests - (i.e. private/domestic custody cases)
ICPC Office will not investigate a domestic or private custody matter.
ICPC Offices will assist with referral:
For a list of individuals who will provide private homestudies call State Office.
Custody Investigation
South Dakota Specific Definitions
If the following terms are defined differently than below (General Definitions), please provide definitions for the following types of placements as defined within your state. If definitions in your state are the same, please type the word same in the space provided. (only 250 characters per answer will be accepted).
Adoption-N/A
Foster-Adopt-N/A
Foster Care-N/A
Parent-N/A
Relative-N/A
Relative Foster Care-N/A
General Definitions
Adoption
is the legal act of permanently placing a child with a parent or parents other than the birth parents. Adoption results in the severing of the parental responsibilities and rights of the biological parents and the placing of those responsibilities and rights onto the adoptive parents. After the finalization of an adoption, there is no legal difference between biological and adopted children.
The types of adoptions permitted by each state are governed by state law:
- Private Agency - are adoptions facilitated by a private licensed agency (i.e. domestic and international).
- Independent - are adoptions facilitated by an attorney, other intermediary, or adoption facilitator as defined by state law.
- Public - are adoptions facilitated by a public state or local agency and involve children who are in the custody of a state/local government agency.
Days
means “Calendar” (not business) days.
Foster - Adopt
is an individual who has been approved as a licensed foster parent and who has made an offer of an adoption commitment if the child becomes legally free.
Foster Care (Provider)
is any person other than a natural or adoptive parent with whom a child is in the care, custody, or guardianship of the State Child Welfare Agency and placed by said division, or with its approval for temporary or long-term care but shall not include any person with whom a child is placed for the purpose of adoption. Foster home means and includes private residences that are licensed, or specialized group homes.
Foster Care Maintenance Payments
means payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel to the child's home for visitation. In the case of institutional care, such term shall include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence.
Legal Risk Adoptions
A legal risk adoption, or a legal risk placement, is one where a prospective adoptive child is placed in your home although the child is not yet legally free to be adopted.
License/certification/approval
means approval and or certification granted by the authority of a state regulatory agency.
Live Scan
is an electronic computerized technology which digitally scans fingerprints and provides immediate transmission of fingerprint records to the Department of Justice, FBI or other authorized receiving agency.
Parent
is a biological, adoptive parent or legal guardian as determined by applicable State law and is responsible for the care, custody and control of a child or upon whom there is legal duty for such care.
Relative
is a birth or adoptive brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, first cousin, niece, nephew, as well as relatives of half blood or marriage and those denoted by the prefixes of grand and great including grand parent or great grandparent, or as defined in your state statute for the purpose of foster and or adoptive placements.
Relative-Foster Care
refers to a person who meets the definition of a relative as noted above and has been approved as a licensed foster parent.
South Dakota charges for public education:
South Dakota charges the sending state for specialized services (occupational, speech therapy)
South Dakota charges the Sending State to obtain assessments/diagnostics and/or services for education purposes:
FINANCIAL PLANS
South Dakota permits a child in the legal custody of a Sending State to apply for and receive the following state administered assistance/benefits in South Dakota as the Receiving State.
As the Sending state, following are considered as a viable financial/medical plan when making interstate placements:
As the Receiving state, following are considered a viable financial/medical plan when receiving interstate placements:
MEDICAID / MEDICAL ASSISTANCE
The state will ensure medical coverage benefits and services can be received through benefits, programs and providers in the Receiving State before placing a child across state lines.
Medicaid
The receiving state is responsible for the Medicaid benefits of children eligible under Title IV-E. Otherwise, the responsibility is with the sending state (see Foster Care Payments).
WAITING PERIOD FOR MEDICAID BENEFITS
Waiting period to apply for benefit assistance:
Waiting period to receive benefits for a child who is under the legal custody/legal jurisdiction of the sending state:
STATE MEDICAL INSURANCE/COVERAGE
As the Sending State, South Dakota will provide medical coverage if the child is NOT IV-E eligible
As the Sending State, South Dakota will permit Placement Resources to apply for medical benefits in the Receiving State or use their personal insurance.
PAYMENTS MADE
TANF Payments
Adoption assistance payments begin:
Foster Care Payments
Special Education Payments
Daycare Payments
Kinship Program
TITLE IV-E
Medicaid - The receiving state is responsible for the Medicaid benefits of children eligible under Title IV-E. Otherwise, the responsibility is with the sending state (see Foster Care Payments).
Title IV-E documentation/verification required
RATES (Foster Care)
Foster care rate paid at:
South Dakota foster care rates:
| Service Level of Care | Amount per day |
|---|---|
| Basic (ages 0-12) | $15.71 |
| Basic (ages 13-18) | $18.86 |
REQUIREMENTS (Foster Care)
Foster Care Resource Requirements:
Must be 21 years of age and reside in South Dakota, physical health standards required of applicant and family, evaluation and approval. No household member ten years of age or older other than a child placed in the home for foster care has on record a substantiated report of child abuse or neglect.
Training (Education and Training)
Types of Home Studies
South Dakota conducts the following types of home studies:
South Dakota designates staff in each county/region to conduct home studies and/or process interstate placements.
South Dakota considers a home study as current/valid for:
Private Contract Services - Home Study
As the Sending State, South Dakota will pay a contractor or private/independent agency in the Receiving State to conduct a home study
As the Receiving State, South Dakota will permit a Sending state to pay a contractor or private/independent agency in the Receiving State to conduct a home study.
As the Receiving State, South Dakota will accept/update a home study that was not originally conducted by the receiving state or a private contractor acting on behalf of the Receiving State.
Adoptive Home Studies
Home study for adoption conducted prior to Termination of Parental Rights (TPR)
Prospective adoptive parents permitted to pay for a pre-adoptive home study
DCPS contracts for Purchase of Services with private agencies in other states:
Foster Care Home Study
Home study for foster care conducted prior to Termination of Parental Rights (TPR)
Parent Home Study
If child has been removed from the parent, South Dakota requires a home study evaluation before reunification.
Non-Custodial Parents
Placements with non-custodial parents are not covered under the ICPC if:
Proof of Paternity is required:
Relative/Kinship Home Study
Home study for relatives conducted prior to Termination of Parental Rights (TPR)
Define Relative
Related by blood: Siblings, grandparents, great granparents, great great grandparents, aunts and uncles, great and great great aunts and uncles, nieces and nephews and great or great great nieces and nephews, first cousins and first cousins once removed; Related by adoption; Related by marriage; Parental relatives; Step parents; Related by emotional tie or bond.
Relatives must be licensed:
Proof of Paternity is required:
South Dakota considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)
Regulation 7 Priority Placement
South Dakota performs priority placements:
Yes
A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.
Wait Time (ICPC Interstate Home Study) - Public
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
Wait time to complete Home Study, only (without criminal records check):
Wait Time (ICPC Interstate Home Study) - Private
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
Wait time to complete Home Study, only (without criminal records check):
South Dakota determines the "Date of Receipt" for an interstate home study as:
The day in which the home study was received in the mail by state office.
Method of requesting, sending, and/or reporting an interstate home study
| Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
|---|---|---|---|---|
| Send request for a home study to Receiving State |
Criminal Record Checks
South Dakota requires criminal background checks for the following home studies:
Type of Checks (Crim. & Abuse Neglect Registry)
South Dakota requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care |
Wait Time for Criminal Records Results
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: Not Offered
Manually - Fingerprint Card
- State: 8-14 days
- Local/County: Not Offered
South Dakota conducts the following types of home studies:
ICPC Placement Checklists
| Adoption | Foster | Foster-Adopt | Parent | Relative | Residential | Electronic Transmission Accepted * | |
|---|---|---|---|---|---|---|---|
| ICPC 100A (Placement Request) |
Date of Receipt - Home Study
South Dakota determines the "Date of Receipt" for an interstate home study as:
The day in which the home study was received in the mail by state office.
South Dakota designates staff in each county/region to conduct home studies and/or process interstate placements.
Private Contract Services - Home Study
As the Sending State, South Dakota will pay a contractor or private/independent agency in the Receiving State to conduct a home study
Criminal Records Checks
South Dakota requires criminal background checks for the following home studies:
Type of Checks (Crim. & Abuse Neglect Registry)
South Dakota requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care |
Mailing Process - Interstate Home Study
Method of requesting, sending, and/or reporting an interstate home study
| Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
|---|---|---|---|---|
| Send request for a home study to Receiving State |
Wait/Processing Times
Wait Time (ICPC Interstate Home Study) - Public
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
Wait time to complete Home Study, only (without criminal records check):
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: Not Offered
Manually - Fingerprint Card
- State: 8-14 days
- Local/County: Not Offered
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
Length of time a license is valid before renewal required.
South Dakota offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
Wait Time for ICPC Decision
| Foster Care | Relative | Relative - Foster Care | Parent | Foster - Adopt | Adoption (Public) |
Adoption (Private) |
Adoption (Independent) |
|---|---|---|---|---|---|---|---|
| 1- 30 days | 1- 30 days | 1- 30 days | 1- 30 days | 1- 30 days | 1- 30 days | 1- 30 days | 1- 30 days |
Data Collection
South Dakota collects, tracks and reports interstate data via:
South Dakota collects, tracks and reports interstate home studies via
Licensing
Dual Licensing state:
South Dakota uses the following terms to authorize a resource family for foster care and (or) adoption after completion of education and training in state:
South Dakota requires the following types of placement resources to be licensed/approved/certified:
South Dakota resource training program is as follows:
South Dakota will give full or partial credit for foster care and adoption education and training completed in another state:
Title IV-E documentation/verification required
Requirements (Licensing)
Licensing Requirements
Their homes must have smoke detectors, safe lighting, appropriate water supply and heating, safety caps, exits, meet the sanitation - nutrition and program requirements, sign a discipline policy, have safe food quality/storage, insect and rodent control, meet the railing specification, appropriate sleeping space, appropriate spaces for hazardous items and water safety check. ARSD 67:42:05. They must pass criminal background checks along with central registry checks and provide at least 3 positive references. Foster Parent and Adoption Resource Training - 30 hrs pre service training and then 6 hrs renewal training each year. Or a similar training for foster parents.
Foster Care Placements
ARSD 67:42:05:06 - Must be 21 years of age and reside in South Dakota, physical health standards required of applicant and family, evaluation and approval. No household member ten years of age or older other than a child placed in the home for foster care has on record a substantiated report of child abuse or neglect.
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
Length of time a license is valid before renewal required.
South Dakota offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
South Dakota conducts the following types of home studies:
Custodial Parent Evaluated Per Reunification
If child has been removed from the parent, South Dakota requires a home study evaluation before reunification.
Non-Custodial Parents
Placements with non-custodial parents are not covered under the ICPC if:
Proof of Paternity is required:
Regulation 7 Priority Placement
South Dakota performs priority placements:
Yes
A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.
Wait Time (ICPC Interstate Home Study)
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
Wait time to complete Home Study, only (without criminal records check):
South Dakota determines the "Date of Receipt" for an interstate home study as:
The day in which the home study was received in the mail by state office.
Method of requesting, sending, and/or reporting an interstate home study
| Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
|---|---|---|---|---|
| Send request for a home study to Receiving State |
Criminal Records Checks
South Dakota requires criminal background checks for the following home studies:
Type of Checks (Crim. & Abuse Neglect Registry)
South Dakota requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care |
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: Not Offered
Manually - Fingerprint Card
- State: 8-14 days
- Local/County: Not Offered
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
Type of Checks (Crim. & Abuse Neglect Registry)
South Dakota requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care |
Verification of Criminal Records Results
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
Length of time a license is valid before renewal required.
South Dakota offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
South Dakota conducts the following types of home studies:
Relative Home Study
Define Relative
Related by blood: Siblings, grandparents, great granparents, great great grandparents, aunts and uncles, great and great great aunts and uncles, nieces and nephews and great or great great nieces and nephews, first cousins and first cousins once removed; Related by adoption; Related by marriage; Parental relatives; Step parents; Related by emotional tie or bond.
Relatives must be licensed:
Proof of Paternity is required:
South Dakota considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)
Regulation 7 Priority Placement
South Dakota performs priority placements:
Yes
A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.
Wait Time (ICPC Interstate Home Study)
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
Wait time to complete Home Study, only (without criminal records check):
South Dakota determines the "Date of Receipt" for an interstate home study as:
The day in which the home study was received in the mail by state office.
Method of requesting, sending, and/or reporting an interstate home study
| Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
|---|---|---|---|---|
| Send request for a home study to Receiving State |
Criminal Records Checks
South Dakota requires criminal background checks for the following home studies:
Type of Checks (Crim. & Abuse Neglect Registry)
South Dakota requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care |
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: Not Offered
Manually - Fingerprint Card
- State: 8-14 days
- Local/County: Not Offered
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
Type of Checks (Crim. & Abuse Neglect Registry)
South Dakota requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care |
Verification of Criminal Records Results
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
Length of time a license is valid before renewal required.
South Dakota offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
Before South Dakota will approve a child for an interstate placement with an RTF, Certification/verification of acceptance is required from the Residential Treatment Facility (RTF).
Residential Placements
Inpatient group, residential, and intensive treatment are a twenty-four hour service for children experiencing family problems and interpersonal conflicts and who cannot tolerate a family setting. It provides ongoing group and individual counseling in a structured program utilizing facility based services.
South Dakota Requires face-to-face supervision:
South Dakota will provide supervision of an interstate placement:
South Dakota Submits a supervisory report to the Sending State
South Dakota will send a supervision report to:
Supervision Guidelines
Please see Regulation 11 for supervision requirements under the ICPC (Link provided below):
Home study for adoption conducted prior to Termination of Parental Rights (TPR)
Home study for relatives conducted prior to Termination of Parental Rights (TPR)
After TPR, relatives are no longer relatives and a foster care or adoptive home study must be requested.
Relative Home Study
Define Relative
Related by blood: Siblings, grandparents, great granparents, great great grandparents, aunts and uncles, great and great great aunts and uncles, nieces and nephews and great or great great nieces and nephews, first cousins and first cousins once removed; Related by adoption; Related by marriage; Parental relatives; Step parents; Related by emotional tie or bond.
Relatives must be licensed:
Proof of Paternity is required:
South Dakota considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)
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