South Dakota Foster Care Adoption: How to Adopt from the DSS System

South Dakota has over 1,000 children in its foster care system at any given time, and a meaningful number of them are waiting for permanent adoptive families after parental rights have been terminated. For families who are ready for the reality of what this means — older children, sibling groups, histories of trauma, a meaningful proportion with Native American heritage — this is the most accessible and financially sustainable path to adoption in the state.

Here's what the process actually looks like.

Who Manages Foster Care Adoption in South Dakota

The Department of Social Services (DSS), through its Division of Child Protection Services (CPS), is the central authority for foster care adoption in South Dakota. DSS manages the placement of children in the state's care, licenses foster and adoptive homes, and oversees the photolisting of children who are legally available for adoption.

The state's waiting children are listed on the DSS photolisting database and on AdoptUSKids, a federally funded national registry. Families who have been approved as foster/adoptive homes can view the photolisting and express interest in specific children. DSS caseworkers then make matching decisions based on the child's needs and the family's approved profile.

The Application and Licensing Process

To be approved as a foster/adoptive home in South Dakota, you go through a licensing process managed by DSS — not a private agency, unless you choose to use one. The core requirements:

30-Hour Orientation Training

All prospective foster and adoptive parents must complete 30 hours of orientation training, typically through the PRIDE (Parent Resources for Information, Development, and Education) curriculum or an equivalent program approved by DSS. This training covers child development, trauma-informed parenting, working with birth families, and understanding the legal framework of the foster care and adoption system.

The training is free and can often be completed through regional DSS offices or through contracted providers. It's not optional, though DSS can waive this requirement for kinship placements in specific circumstances.

Background Clearances

All adults (age 18 and older) in the household must complete:

• DCI Check: South Dakota Division of Criminal Investigation criminal records check
• FBI Check: National fingerprint-based background check (required for all placements of children in DSS custody)
• DSS Central Registry: Screening for substantiated reports of child abuse or neglect in South Dakota
• Out-of-State Registry Checks: For any state where a household adult has lived in the past five years

Certain convictions are automatic bars to approval under ARSD 67:14:32:05.05, including any crime of violence, any sex crime, or any felony conviction within the preceding five years.

Home Study

The home study for foster/adoptive licensing is conducted by a DSS social worker (or a licensed CPA if DSS contracts it out). It includes personal interviews with all household members, financial review, medical clearances for all applicants (completed within the past 12 months), character references (at least three, with two non-relatives), and a home safety inspection.

For a DSS foster/adoptive home study, the cost is typically covered by the state — you don't pay for the home study out of pocket.

Home Safety Requirements

The physical inspection component of the home study follows ARSD 67:42:05 and includes:

• Smoke and carbon monoxide detectors on every level of the home
• Firearms stored unloaded in a locked room, cabinet, or case, with ammunition stored in a separate locked area
• Swimming pools enclosed by a fence at least four feet high with self-locking gates, or a hard-shell power safety cover
• Rooms used for sleeping must have at least two exits (a door and an unobstructed window)
• For homes not on community water systems, annual water quality testing and certified results

These requirements are the same for foster care licensing and adoptive home approval through DSS.

The South Dakota Adoption Photolisting

Once your household is approved, your caseworker will discuss which types of placements your family is prepared for — age range, sibling groups, level of medical or developmental need, openness to ICWA cases — and your approved profile is entered into the matching system.

The DSS photolisting shows children who are currently legally available for adoption. Children on this list have already had parental rights terminated by the Circuit Court; the adoption itself still needs to be finalized, but the legal barrier has been cleared.

You can also browse waiting children through AdoptUSKids, which has profile information and photographs for children across the country, including South Dakota's waiting children. Some families find a child through the national listing and then initiate contact with the state.

Expressing interest in a child on the photolisting is not an application. It begins a process where DSS evaluates whether your family's profile is a good match for that child's specific needs, history, and permanency plan.

Foster-to-Adopt: The Legal Risk Pathway

Some families enter the foster care system specifically with the goal of adoption. In practice, this means accepting placements with children whose cases have not yet reached the termination of parental rights stage — a "legal risk" placement where reunification is still the goal but the prognosis is uncertain.

This is emotionally challenging. The child may be reunified with biological family, and you will have formed an attachment. It happens frequently. Families who do foster-to-adopt need to understand this reality and have clear support systems in place.

The reason families take this path is that many South Dakota adoptions from foster care do begin with a legal risk placement. DSS gives placement preference to approved foster families who already have a relationship with a child when that child becomes legally available for adoption. If you've been a child's foster parent and the case moves to termination of parental rights and adoption, you're in a strong position to be the adoptive placement — though it's not guaranteed, particularly if ICWA placement preferences require consideration of tribal family members.

Financial Picture for Foster Care Adoption

While the child is in foster care placement, you receive a monthly foster care payment to help cover the child's care. South Dakota foster care rates generally range from $640 to $769 per month depending on the child's age and level of need.

For the adoption finalization itself, legal costs are typically reimbursed by the state up to $2,000 through the non-recurring adoption expenses program. Many foster care adoptions in South Dakota finalize with zero out-of-pocket cost to the family.

After finalization, children adopted through DSS who have a "special needs" designation (which applies to most children who come through the foster system, based on factors like age, sibling group status, racial or ethnic background, or documented medical or developmental conditions) continue to receive monthly adoption assistance payments. These are negotiated before finalization and typically match the foster care rate. Medicaid coverage for the child continues until age 18.

Federal adoption tax credit: Families who adopt a special needs child through DSS can claim the full federal credit of $17,280 (for 2025 finalization) regardless of out-of-pocket expenses. This is a provision specific to special needs adoptions.

The Six-Month Residency Rule and Finalization

Before the Circuit Court can issue a final adoption decree, the child must have lived in the adoptive home for at least six months under SDCL § 25-6-9. For foster-to-adopt families, the time the child has been in your home as a foster placement counts toward this requirement. Finalization requires a court hearing where the judge reviews the home study, TPR orders, and all required documentation. The adoptive parents and child must appear in person unless the court approves an alternative.

After finalization, a new birth certificate is issued listing the adoptive parents.

ICWA in Foster Care Adoption

The majority of children in South Dakota's foster care system are Native American. If a child you're being matched with has tribal heritage, ICWA governs the placement. This means tribal notification, placement preference hierarchy (extended family first, then tribal members, then other Indian families), and the active efforts standard for reunification all apply.

DSS has ICWA-specific protocols, and your caseworker should walk you through these. Families who approach the ICWA process as a partnership with the tribe — rather than viewing tribal involvement as an obstacle — tend to have smoother experiences.

For a complete breakdown of the foster care adoption process in South Dakota, including the specific forms used in Circuit Court filings and a timeline of what to expect month by month, the South Dakota Adoption Process Guide walks through each phase in detail.

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