28-1-64. Payments by public agencies to adoptive parents with limited means--Costs covered--Rules.
The provisions of §25-6-13 concerning the parents' financial ability to the contrary notwithstanding, the Department of Social Services or any other public agency may make payments as needed in behalf of a child with special needs after placement for adoption, including the necessary costs of the legal completion of the child's adoption. The department may make these payments if the family has the capability of providing the permanent family relationships needed by the child in all areas except financial, as determined by the department or a licensed child placement agency. It shall also be determined that the needs of the child are beyond the economic ability and resources of the family and that the child would go without adoption except for the acceptance of the child as a member of the adoptive family or that the child would become dependent upon the state for support. Such payments to adoptive parents may include maintenance costs, medical and surgical expenses, and other costs incidental to the care of the child. Payments for maintenance, medical, dental, or hospital care shall terminate on or before the child's twenty-first birthday. The secretary of social services may promulgate reasonable and necessary rules pursuant to chapter 1-26 to implement this section.
Source: SL 1970, ch 154; SL 1981, ch 199, §43; SL 1990, ch 210; SDCL 28-7-3.1; SL 1997, ch 166, §23; SL 2004, ch 167, §38.
Structure South Dakota Codified Laws
Title 28 - Public Welfare and Assistance
Chapter 01 - State Department Of Social Services
Section 28-1-12 - Office space and equipment provided for department by county commissioners.
Section 28-1-24.1 - Procedural rules for contested cases.
Section 28-1-25 - Protective payment of assistance where recipient incapable.
Section 28-1-28 - Civil action for reimbursement from persons responsible for support.
Section 28-1-28.1 - Department acceptance and administration of private support contributions--Use.
Section 28-1-29 - Public assistance records confidential--Exceptions.
Section 28-1-31 - Adoption and child placement records remain confidential.
Section 28-1-33 - Unauthorized use of public assistance records as misdemeanor.
Section 28-1-34 - Commercial and political use of public assistance records as misdemeanor.
Section 28-1-49 - Payments to recipients of supplemental security income--Establishment program.
Section 28-1-50 - Rules for administration and operation of programs.
Section 28-1-51 - Rules for protection of confidential information.
Section 28-1-52 - Fiscal impact of department rules on local government units restricted.
Section 28-1-60 - Child care services program.
Section 28-1-61 - Adoption of rules for child care services program.
Section 28-1-65 - Child support enforcement unit--Federal money--Enforcement powers.
Section 28-1-67 - Clearing account for child support enforcement collections.
Section 28-1-68 - Confidentiality of enforcement services applications and records.
Section 28-1-79 - Collection action to recover debts owed department.
Section 28-1-80 - Confidentiality of investigative records and files of program.
Section 28-1-81 - Report to Governor and Legislature concerning program activities.
Section 28-1-82 - Unauthorized acquisition or transfer of food stamp benefits.
Section 28-1-83 - Violation of § 28-1-82 as misdemeanor or felony.