To meet the requirements of § 67:12:01:66.02, the department shall accept any of the following as evidence of good cause:

1. (1) Birth certificates or medical or law enforcement records that indicate the child was conceived as a result of incest or forcible rape;
2. (2) Court documents or other records that indicate legal proceedings for adoption are pending in court;
3. (3) Court, medical, criminal, child protective services, social services, psychological, or law enforcement records that indicate the alleged or absent parent might inflict physical or emotional harm on the child or caretaker relative;
4. (4) Medical records that indicate the emotional health history and present health status of the caretaker relative or the child for whom support should be sought; or written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the caretaker relative or the child would be negatively affected by compliance with § 67:12:01:66;
5. (5) A written statement from a public or private agency confirming that the caretaker relative is being assisted in deciding whether a child should be kept or relinquished for adoption; or
6. (6) Sworn statements from individuals, other than the applicant or recipient, with knowledge of the circumstances that provide a basis for the good cause claim.

Source: 5 SDR 48, effective December 19, 1978; 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.