Get Answers to Your Highest Priority South Dakota Legal Questions
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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.
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.
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.
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.
Do I really need help with my mother's probate in South Dakota or can I just do it on my own?
You can certainly do your mother's probate in South Dakota on your own. However, probate can often be complicated and you should seriously consider hiring a South Dakota probate attorney to make sure the process is done correctly.
Of course, when trying to find a South Dakota probate attorney, you should make sure he/she is licensed in South Dakota and has experience in probate issues.
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.
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.
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.
Is it legal for someone to accept money or other things of value in an adoption in South Dakota?
No. In fact, under South Dakota law, any person who offers, gives or receives any money or other consideration or thing of value in connection with the placing of any child for adoption, with the consent to adoption, or with the petition for adoption except for charges approved by the court and fees charged by licensed agencies is guilty of a Class 6 felony.
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.