For the purposes of § 67:12:01:66.01, the applicant or recipient may establish good cause when evidence of one or more of the following situations is presented to the department and the department decides that it would not be in the best interest of the child or caretaker relative to require compliance with § 67:12:01:66:

1. (1) The child for whom support is sought was conceived as a result of incest or forcible rape;
2. (2) Legal proceedings for the child's adoption are pending in court;
3. (3) The child for whom support is being sought can reasonably be expected to experience physical or emotional harm from the absent parent or parents if cooperation with § 67:12:01:66 is required;
4. (4) The mother or other caretaker relative with whom the child is living can reasonably be expected to experience physical or emotional harm from the absent parent or parents if cooperation with § 67:12:01:66 is required that would significantly reduce the caretaker's capacity to care for the child; or
5. (5) A licensed public or private social agency is currently assisting the applicant or recipient to decide whether a child should be kept or relinquished for adoption and this assistance has not exceeded three months.

Source: 5 SDR 48, effective December 19, 1978; 5 SDR 102, effective June 6, 1979; 7 SDR 66, 7 SDR 89, effective July 1, 1981 ; 51 SDR 52, effective November 11, 2024 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6-1 .

Prior versions effective: 1981-07-01.