26-8A-29.1. Request for hearing by relative denied adoptive placement--Time limits--Intervention.
Except under circumstances where placement was with another relative of the child, any relative who has been denied adoptive placement by the Department of Social Services may request a hearing to determine if the placement was an abuse of discretion. The request shall be filed with the circuit court having jurisdiction pursuant to §26-8A-29 and shall be filed within thirty days of written notification from the department by regular mail to the relative's last known address. The hearing shall be held within thirty days of the filing of the request for hearing and may be continued for not more than thirty days upon good cause shown. The relative shall be granted limited intervention only for the purpose of the placement review hearing.
No intervention may be allowed in a proceeding involving an apparent, alleged, or adjudicated abused or neglected child, including an adoption or guardianship proceeding for a child placed in the custody of the Department of Social Services pursuant to §26-8A-27, except as provided by this chapter and under the Indian Child Welfare Act, (25 U.S.C. §§1901 to 1963, inclusive), as amended to January 1, 2019.
Source: SL 2005, ch 140, §3; SL 2019, ch 127, §6.
Structure South Dakota Codified Laws
Chapter 08A - Protection Of Children From Abuse Or Neglect
Section 26-8A-1 - Purpose of chapter.
Section 26-8A-2 - Abused or neglected child.
Section 26-8A-5 - Application of terms.
Section 26-8A-8 - Oral report of abuse or neglect--To whom made--Response report.
Section 26-8A-10 - Report to social services--Content.
Section 26-8A-10.2 - Exception to notice requirement.
Section 26-8A-11 - Request to amend or remove record--Administrative hearing--Decision.
Section 26-8A-12 - Operation of central registry for abuse and neglect--Adoption of rules.
Section 26-8A-13.2 - Consent of possible caretaker required for central registry screenings.
Section 26-8A-14 - Immunity from liability.
Section 26-8A-15 - Communications not privileged in child abuse or neglect cases.
Section 26-8A-17 - Child protection teams.
Section 26-8A-18 - Appointment of counsel--Compensation--Assistance.
Section 26-8A-19 - Abused and neglected child defense fund--Distribution to counties--Pro rata.
Section 26-8A-20 - Appointment of representative of child's best interest--Duties.
Section 26-8A-21.1 - Exceptions to §26-8A-21.
Section 26-8A-24 - Periodic review hearings of foster care status--Petition for judicial action.
Section 26-8A-25 - Criteria for determining continued placement of child separate from home.
Section 26-8A-26.1 - Additional reasons for termination of parental rights.
Section 26-8A-28 - Notice of order or final decree--Service--Appeal.
Section 26-8A-29 - Continuing jurisdiction over abused or neglected child.
Section 26-8A-30 - Testimony of child by closed circuit television--Hearing to determine necessity.
Section 26-8A-32 - Due regard to be afforded Indian Child Welfare Act.
Section 26-8A-33 - Proceeding involving child covered by Indian Child Welfare Act.
Section 26-8A-34 - Alcohol or drug testing as condition of child placement or return.
Section 26-8A-36 - Immunity from liability for administering or not administering toxicology test.