The department shall not place a child outside this state unless:

1. (1) Parental rights for the child have been terminated or limited by a court in a divorce decree, dependency, neglect, delinquency order, or order under voluntary termination of parental rights;
2. (2) The relative placing the child has responsibility for the care, custody, and control of the child;
3. (3) The legal guardian, other than a child placement agency, has responsibility for the care, custody, and control of the child;
4. (4) A court has taken responsibility in determining the out-of-state placement of the child; or
5. (5) A licensed or authorized child placement agency has responsibility for a temporary out-of-state placement of a child requiring treatment or specific therapy not available within the state.

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

General Authority: SDCL 26-13-1 (Art. VII).

Law Implemented: SDCL 26-13-1 (Art. III).