South Dakota Codified Laws
Chapter 06 - Adoption Of Children
Section 25-6-9.1 - Home study report—Requirement--Cost.

25-6-9.1. Home study report––Requirement––Cost.
A person may not place a child in a home for adoption until a home study has been completed by a licensed child placement agency, as defined in §26-6-14, the Department of Social Services, or a certified social worker eligible to engage in private independent practice, as defined in §36-26-17. Any person who submitted home studies under this section or under §26-4-15 prior to July 1, 1990, may continue to submit home study reports without meeting the above requirements.
A home study must include a fingerprint-based criminal record check completed by the Division of Criminal Investigation and a central registry screening completed by the Department of Social Services.
A child who is in the custody of the Department of Social Services may not be placed in a home for adoption until a fingerprint-based criminal record check has been completed by the Federal Bureau of Investigation, for each adopting parent.
The cost of a home study required under this section is the responsibility of the Department of Social Services. The necessary funding must be budgeted and expended through the general appropriations act, pursuant to chapter 4-7. The Department shall make rules pursuant to chapter 1-26 to establish a cap on the cost to be reimbursed.
Any person who violates this section is guilty of a Class 1 misdemeanor.

Source: SL 1986, ch 214, §§2, 3; SL 1990, ch 185, §1; SL 1992, ch 180, §1; SL 2002, ch 116, §2; SL 2003, ch 145, §1; SL 2007, ch 156, §1; SL 2008, ch 130, §1; SL 2022, ch 79, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 25 - Domestic Relations

Chapter 06 - Adoption Of Children

Section 25-6-1 - Adoption of illegitimate child by acknowledgment and conduct of father--Legitimation from birth.

Section 25-6-1.1 - Father of illegitimate child not entitled to notice unless acknowledged.

Section 25-6-2 - Adoption of minor child permitted--Minimum difference in ages--Best interests of child.

Section 25-6-3 - Consent of spouse required for adoption.

Section 25-6-4 - Consent of child's parents required for adoption--Court waiver of consent.

Section 25-6-4.1 - Compelling, coercing, or forcing adoption as felony.

Section 25-6-4.2 - Offering, giving, or receiving unauthorized consideration for adoption as felony.

Section 25-6-5 - Consent of child over twelve required.

Section 25-6-6 - Jurisdiction of circuit court--Appeal.

Section 25-6-7 - Venue of adoption proceedings.

Section 25-6-8 - Joinder of proceedings as to two or more children--Separate orders required.

Section 25-6-9 - Period of residence in home required before petition granted.

Section 25-6-9.1 - Home study report—Requirement--Cost.

Section 25-6-9.2 - Effective date.

Section 25-6-10 - Time of hearing on petition fixed--Investigation ordered by court.

Section 25-6-11 - Notice to Department of Social Services--Recommendation of department--Appearance.

Section 25-6-12 - Execution of consent and agreement by parties--Appearances at hearing.

Section 25-6-13 - Examination of witnesses and investigations by court--Order of adoption--Contents.

Section 25-6-15 - Restrictions on access to court records in adoption proceedings--Court order required for disclosure of information--Notice of hearing to department or adoption agency--Disclosure not contested nor supported.

Section 25-6-15.1 - Confidentiality of records.

Section 25-6-15.2 - Nonidentifying information--Release to adoptive parent or adoptee.

Section 25-6-15.3 - Registry of consents to release of identifying information.

Section 25-6-16 - Change of name by adopted child--Relationship with adoptive parent.

Section 25-6-17 - Rights and duties of natural parents terminated on adoption--Exceptions.

Section 25-6-18 - Petition for adoption of adult--Consent--Residence requirement.

Section 25-6-19 - Order for adoption of adult.

Section 25-6-20 - Jurisdictional provisions applicable to adoption of adults--Effect of adoption--New birth certificate optional.

Section 25-6-21 - Cure of past irregularities in proceedings--Limitation of actions.

Section 25-6-22 - Medical information on adoptee's birthparent available to adoptee or adoptee's legal guardian--Written request--Proof.

Section 25-6-23 - Medical and social history form filed in adoption of abused or neglected child--Availability to adoptive parents and adoptee--Failure to comply.

Section 25-6-24 - Due regard to be afforded Indian Child Welfare Act.

Section 25-6-25 - Effect of adoption orders of another jurisdiction or nation.