The agency must establish written qualifications for an adoptive applicant which include the following requirements:

1. (1) The applicant and members of the applicant's household must meet the requirements of § 67:14:32:08;
2. (2) The house must have working smoke detectors near the sleeping area. The water supply must be derived from a community water system or must be tested for bacteria and nitrates by the Department of Agriculture and Natural Resources or a laboratory certified by the Department of Health to conduct such tests and be determined to be safe for consumption. There must be space to accommodate the family's needs, including the needs of the child placed for adoption;
3. (3) The applicant must meet the physical health requirements of § 67:14:32:09. This requirement may be waived when a foster parent applies to adopt a child in foster care who is currently in the applicant's care;
4. (4) The household members have passed a screening for substantiated reports of child abuse or neglect under the provisions of § 67:14:32:05.03; and

5. (5) The household members have passed a criminal record check under the provisions of § 67:14:32:05.05.

   Cross-References: Right of licensed foster parents to apply for adoption -- Primary consideration, SDCL 26-6-21.1; Definition of community water system, § 74:04:05:01.

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 17 SDR 157, effective April 23, 1991; 21 SDR 206, effective June 4, 1995; 27 SDR 121, effective May 28, 2001; 39 SDR 220, effective June 27, 2013; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-8 , 26-6-16 , 26-6-23.2.

Prior versions effective: 2013-06-27.