A child is considered eligible for subsidized adoption under the following circumstances:

1. (1) When the legal authority to place and to consent to the child's adoption is held by the department;
2. (2) If the child was not adopted under a subsidized adoption agreement, the child would need to be supported by public foster care funds administered by the department;

3. (3) When special needs and circumstances of the child result in a limited number of suitable adoptive homes being available necessitating the use of a subsidized adoptive home. The special needs and circumstances include:

   1. (a) A child's age, race, or religion;
   2. (b) A child with a physical, emotional, neurological, or intellectual disability;
   3. (c) A sibling group that needs to be placed together;
   4. (d) A child needing extensive ongoing or anticipated medical care or therapy; and
   5. (e) When adoption by the foster parents with whom the child is living is the only appropriate plan; or
4. (4) If the child is eligible for supplemental security income disability benefits.

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 37 SDR 222, effective June 7, 2011.

General Authority: SDCL 28-1-64.

Law Implemented: SDCL 28-1-64.