The department may place a child who is a resident of South Dakota into a foster home located outside of South Dakota if the out-of-state foster home has been licensed or approved according to that state's rules and the placement is determined to be in the child's best interests.

If the department has been granted custody of the child through a court order, the department must have the court's written concurrence with the placement before the placement may be made.

Out-of-state placements must comply with the provisions of SDCL 26-13, the interstate compact on the placement of children.

Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; transferred from § 67:14:13:43, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 96, effective December 9, 1985; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017.

General Authority: SDCL 26-4- 7(2) , 26-13-1.

Law Implemented: SDCL 26-4-7(2), 26-13-1.

Prior versions effective: 2011-06-07.