Kinship and Fictive Kin Foster Care in South Dakota: What You Need to Know

When a child is removed from their home in South Dakota, DSS is legally required to look for family before placing them with a stranger. Under SDCL § 26-6-30, the state has a strong statutory preference for relative placements. That preference extends to "fictive kin" — people who aren't biologically related to the child but who have a meaningful, established relationship with the family.

If you've received a call from DSS asking if you can take a child, or if you've heard that a relative's child is in the system and you want to help, this post explains how kinship and fictive kin licensing works in South Dakota and what you're walking into.

What Is a Kinship Placement?

A kinship placement is any foster care placement made with someone who has an existing relationship to the child — a grandparent, aunt, uncle, sibling's parent, close family friend, or any adult the child knows and trusts.

South Dakota distinguishes between two kinship pathways:

Relative License: A relative (biologically related to the child) undergoes the same background checks and home safety inspection as any other foster parent applicant. The key difference is that certain waivers are available — specifically, the bedroom space requirements can be modified to accommodate keeping a sibling group together in a home that wouldn't otherwise meet capacity standards. The full PRIDE training is still required.

Kinship Care (unlicensed): Relatives who care for a child but don't want to pursue full licensure may still qualify for a kinship care subsidy. These payments are typically lower than full foster care maintenance rates, and the family does not have the same legal standing as a licensed foster parent regarding court hearings or case decisions.

For most kinship caregivers who want financial support and a formal role in the child's case, pursuing a full relative license is worth the additional work.

What Is Fictive Kin?

Fictive kin are non-relatives who have a significant, pre-existing relationship with a child or their family. In South Dakota practice, this typically means:

• A neighbor who has watched the child for years
• A family friend who is referred to as "auntie" or "uncle" in the household
• A godparent
• A church family with a close relationship to the child

DSS can place a child with a fictive kin caregiver, but that person must typically pursue full foster care licensing — the same process as any other applicant — because there's no statutory biological relationship that triggers the relative preference. However, many regional offices will prioritize getting the fictive kin home licensed quickly when there's an active placement need for a specific child.

The ICWA Dimension

In South Dakota, kinship placement has a particularly high-stakes dimension because of the Indian Child Welfare Act (ICWA). Approximately 75% of children in South Dakota foster care are Native American. ICWA mandates a specific placement hierarchy for Indian children:

1. Extended family members (broadly defined under tribal culture)
2. Other members of the child's tribe
3. Other Indian families from any federally recognized tribe
4. Non-Native homes as a last resort

"Extended family" under ICWA is defined more broadly than under South Dakota state law — it includes grandparents, aunts, uncles, brothers, sisters, and any person who has physical custody of the child under tribal law or custom. For tribal community members, this means that a fictive kin relationship recognized within the tribe may carry weight in an ICWA proceeding that it wouldn't carry under state foster care rules.

If you're a tribal member pursuing placement of a relative or community child, contact both DSS and the relevant tribal child welfare agency. Licensing through the tribal program may be a parallel pathway depending on which tribe has jurisdiction.

What the Process Looks Like for Kinship Applicants

Kinship applicants go through the same core licensing requirements as general foster parents:

• Background checks: DCI (state), FBI (federal), South Dakota Central Registry, and out-of-state registries for anyone who has lived outside South Dakota in the past five years
• Physical examination for all adults in the household
• Home safety inspection under ARSD 67:42:05
• 30-hour PRIDE pre-service training
• Three references (one relative, one non-relative)
• Financial documentation

The difference from a stranger-placement applicant is context. When DSS is making an emergency placement with a relative or fictive kin caregiver, they sometimes initiate a provisional placement before full licensing is complete. The adult must still pass the background check before the child arrives, but the home study and PRIDE training may happen after placement in urgent situations, with DSS monitoring during the interim.

This provisional pathway is not a workaround — it requires DSS agreement and active oversight. It's designed to keep children with people they know while the paperwork catches up.

What Kinship Foster Parents Should Know About Financial Support

Full licensing brings full financial support:

Maintenance rates: The same tiered rates as any foster home — approximately $685/month for children 0-5, $754/month for ages 6-12, and $822/month for ages 13 and older (2024-2025 schedule).

Initial clothing allowance: Children entering foster care are typically eligible for a clothing stipend of approximately $400 at placement.

Medicaid: Children in licensed foster care are automatically enrolled in South Dakota Medicaid. Medical, dental, and vision services are covered without cost to the foster family.

Kinship care subsidy (unlicensed): If you choose not to pursue full licensing, the subsidy rate is lower and healthcare coverage may be more limited. The exact amount depends on the case and the county.

For Native American kinship caregivers on reservations, the picture is more complex. A 2024 report documented that tribal kinship relatives caring for Native children were not receiving the same foster care financial support as licensed off-reservation families — an ongoing disparity that advocacy organizations are working to address.

The Support Gap That Kinship Families Face

Kinship and fictive kin placements often happen fast — a phone call at night, a child in crisis, an emergency that doesn't allow time for research. The families who take these calls frequently find themselves licensed under pressure, without the preparation time that planned applicants have.

PRIDE training helps, but it's designed for people who have chosen fostering deliberately. Kinship caregivers are often dealing with family trauma, complicated relationships with the child's birth parent, and the adjustment of adding a child who is grieving.

LSS of South Dakota (605.444.7500) provides kinship support services alongside their foster care licensing — counselors, training, and case support specifically for relative caregivers. The South Dakota Foster Parent Association (SDFAPA) offers peer support and advocacy for both licensed foster parents and kinship caregivers navigating the system.

The South Dakota Foster Care Licensing Guide covers the full licensing process for kinship and standard applicants alike — background check sequencing, home study components, and what to prepare before your first DSS contact. If you're in an emergency kinship situation, the most useful immediate step is calling your regional DSS office to request a licensing expedite and understand what the child's current legal status is.

One Practical Note on Timeline

Kinship applicants often ask whether family relationship speeds up the licensing process. The background checks still take as long as they take — the Adam Walsh out-of-state registry checks in particular can add weeks if you've lived in multiple states. The home inspection still happens. The training still happens.

What is often faster is the provisional placement process — getting a child placed with you quickly while the formal licensing is in progress, when DSS determines the relationship justifies it. But the formal licensing timeline, once started, is similar for kinship and non-kinship applicants.

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