§ 26-6-1 Agencies and institutions defined as child welfare agencies–Department of Social Services
§ 26-6-1.1 Chapter not applicable to day care services provided by school board for children of enrolled students
§ 26-6-1.2 Definitions
§ 26-6-6.1 Continuing foster care to age twenty-one
§ 26-6-8 License required to place child for adoption–Relatives and guardian excepted
§ 26-6-9 License or registration required for child care or placement by public or private agency–Waiver violation as misdemeanor
§ 26-6-11 Application for license–Investigation–Issuance–Conditions–Records–Public inspection
§ 26-6-12 Provisional license authorized
§ 26-6-13 Duration of licenses–Suspension or revocation–Assignment prohibited–Display or availability for inspection
§ 26-6-14 Categories of child welfare agency licenses
§ 26-6-14.1 Family day care defined–Number of children allowed
§ 26-6-14.2 Registration of family day care homes–Rules–Exemption–Investigation–Duration of registration–Assignment prohibited
§ 26-6-14.3 Issuance of child welfare license–Criminal record of applicant to be secured–Waiver by applicant–When application denied
§ 26-6-14.4 Persons to whom criminal record requirement applies
§ 26-6-14.5 Waiver, fingerprinting, and declaration as condition of employment–Time–Immediate termination of employee
§ 26-6-14.6 Meaning of conviction–Evidence of conviction
§ 26-6-14.7 Transfer of criminal record clearance when changing employment
§ 26-6-14.8 Unregistered family day care defined–Number of children allowed
§ 26-6-14.9 Submission of employees’ names to department–Central registry background checks–Notification to provider–Issuance of certificate
§ 26-6-14.10 Prohibition of licensure, registration, or operation by person convicted of child abuse or other felony, or whose name appears on registry–Failure to report as misdemeanor
§ 26-6-14.11 Prohibition of child care by person convicted of child abuse, sex offense, or other felony, or whose name appears on registry–Violation as misdemeanor
§ 26-6-14.12 Before and after school day care exempt from zoning, uniform building, and safety provisions
§ 26-6-14.13 Information from another state’s central registry or national crime database to be used only for background check
§ 26-6-15 Specification in licenses and registration certificates of work authorized
§ 26-6-15.1 Additional number of children in day care–Staff-to-child ratios
§ 26-6-15.2 Additional number of children in day care center operating preschool program
§ 26-6-16 Rules for child care by licensed or registered agencies promulgated by department–Matters included in rules
§ 26-6-18.1 Establishment and support of day care centers by counties and municipalities
§ 26-6-18.3 Appropriation for day care centers
§ 26-6-18.4 Approved programs required for payments to nonprofit organizations–Records and periodic audit
§ 26-6-18.5 Exemption of program from zoning, building and fire and life safety codes
§ 26-6-19 Department of Health visitations and inspections
§ 26-6-20 Records on children in care of agencies–Information confidential
§ 26-6-20.1 Definition of terms
§ 26-6-20.2 Separation of residents’ moneys required of homes and centers
§ 26-6-20.3 Demand trust account deposit of moneys not kept in center–Deposit with state treasurer by public agency
§ 26-6-20.4 Deposit of money for resident when over specified amount
§ 26-6-20.5 Surety bond required of facility handling more than specified monthly amount–Bond amount
§ 26-6-20.6 Safeguards and records required of facilities
§ 26-6-20.7 Public audit of records
§ 26-6-20.8 Revocation of license–Cause
§ 26-6-20.9 Surrender of moneys and funds upon discharge of resident–Receipt–Deposited funds
§ 26-6-20.10 Escheat of unclaimed property under specified value after death of resident–Notice to relatives–Time–Disposition of property or money
§ 26-6-21 Placement of children for adoption–Consent by agency to adoption
§ 26-6-22 Notice to remove child from child welfare agency
§ 26-6-23 Grounds for revocation or refusal to issue or renew child welfare agency license or registration
§ 26-6-23.1 Revocation or refusal to issue or renew license or registration for child abuse or violence
§ 26-6-23.2 Central registry background checks on employees
§ 26-6-24 Notice of intended revocation or refusal of renewal of license or registration–Hearing on protest–Temporary suspension
§ 26-6-25 Investigation by department of unlicensed and unregistered operations–Further action by department
§ 26-6-27 Educational and incidental activities exempt from chapter–State institutions
§ 26-6-28 Reduction of number of children in foster care
§ 26-6-29 Shelters for battered spouses exempt
§ 26-6-35 Foster care for person under continuing juvenile jurisdiction who is over the age of majority
§ 26-6-36 Definitions relating to religious child-placement agencies
§ 26-6-37 Adverse action defined
§ 26-6-38 Child-placement agency not required to provide service that conflicts with sincere written religious policy
§ 26-6-39 State may not take adverse action against child-placement agency acting on basis of sincere written religious policy
§ 26-6-40 Licensure and state benefit programs available to religious child-placement agency
§ 26-6-41 Religious child-placement agency to be independent from state
§ 26-6-42 Child-placement agency may not decline service on basis of race, ethnicity, or national origin
§ 26-6-44 Relief available for successful claim or defense
§ 26-6-45 Sovereign immunity not waived
§ 26-6-46 Broad protection of free exercise of religious beliefs and moral convictions
§ 26-6-47 Other law in conflict preempted
§ 26-6-48 Time for asserting claim
§ 26-6-49 Construction with federal law
§ 26-6-50 Other child-placement agencies not limited by actions of religious child-placement agency–Best interest of child
§ 26-6-51 Monitor–Designation–Primary duty
§ 26-6-52 Monitor–Powers and duties
§ 26-6-53 Findings of abuse or neglect–Report
§ 26-6-54 Persons requesting assistance–Identity–Confidentiality
§ 26-6-55 Hinderance of monitor–Violation as misdemeanor
§ 26-6-56 Retaliatory acts–Prohibition–Violation as misdemeanor
§ 26-6-57 Persons making report–Identity–Confidentiality

Terms Used In South Dakota Codified Laws > Title 26 > Chapter 6 - Children's Homes and Welfare Agencies

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2