The Swier Law Firm Family Law FAQs
Have questions? We have answers! Our South Dakota attorneys answer the questions they hear most often from clients just like you.
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What is the average age of a child waiting for adoption in South Dakota?
According to the South Dakota Department of Social Services, the average age of a child waiting to be adopted is 9 years of age.
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What is the Interstate Compact on the Placement of Children?
The Interstate Compact on the Placement of Children is a law in all 50 states (including South Dakota), Washinton, D.C. and the Virgin Islands. It applies to the placement of minor children made from one state to another by public and private agencies, the courts, independent placers (i.e., physicians and attorneys), and individuals.
Excluded from the Compact requirements are close relatives, such as parents, step-parents, grandparents, adult brothers and sisters, adult uncles and aunts, and unrelated legal guardians who both send and receive the child. Also excluded are placements into educational and medical facilities.
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Does the South Dakota Department of Social Services pay attorney fees for adoption finalization?
Yes. The South Dakota Department of Social Services does pay attorney fees for adoption finalization of children that are placed through the Department. Non-recurring adoption expenses are covered by Child Protection Services for special needs children up to $1,500, which is a one-time-only fee.
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What happens if we move from South Dakota to another state and we have an adoption subsidy or Medicaid with the Department of Social Services?
You should notify the Department of your new address and phone number. The Department will transfer Medicaid to the new state. You will continue to receive the monthly subsidy payment.
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What is a step-parent adoption in South Dakota?
A step-parent adoption is when a step-parent petitions the court for adoption of his or her spouse's child (current spouse of step-parent) from a former marriage or relationship. Both the parent retaining custody and the other birth parent must consent to the adoption. Step-parent adoptions do not require an adoptive home study or investigation. The child is not being placed for adoption, rather they are joining the family with a birth parent.
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What is an independent adoption in South Dakota?
In South Dakota, an independent adoption is when a birth parent places a child directly with prospective adoptive parent(s) for the purpose of adoption.
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What is a private agency adoption in South Dakota?
In South Dakota, a private agency adoption is when a birth parent gives and transfers their legal parental rights to a child to a licensed public or private adoption agency.
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How is an adoption home study completed in South Dakota?
In South Dakota, there are several private agencies and licensed social workers who are willing to provide home study services to independent adopters.
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What is the South Dakota Voluntary Adoption Registry?
The South Dakota Department of Social Services maintains a Voluntary Adoption Registry of adoptees and natural parents who have consented to the release of identifying information about themselves. The purpose of the registry is to facilitate voluntary contact between adoptees 18 years or older who were born in South Dakota and their birth parents.
Siblings of the adopted person 18 or older may also register. The registry is passive, meaning the Department of Social Services does not search for adoptees or for birth parents whose names are not included in the registry.
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Do South Dakota courts treat "marital property" differently than "premarital property" or "inherited property"?
No. With respect to marital property, South Dakota is an "all property state," meaning all property of the divorcing parties is subject to equitable division by the court, regardless of title or origin. This includes inherited property and premarital property.