A child welfare agency may continue to provide foster care to an individual aged 18 – 21 who consents in writing, if the individual was in foster care “immediately prior to reaching the age of majority and has not yet completed the twelfth grade of school or is in a continuing course of remedial treatment.” S.D. Codified Laws § 26-6-6.1.
South Dakota law does not allow for re-entry.
Courts & Rights
Court Oversight of Extended Care
Juvenile Court jurisdiction over abused or neglected child extends until youth reaches age 21 or is finally adopted. S.D. Codified Laws §§ 26-7A-1(6), 26-7A-102, 26-8A-29.
Eligibility for Extended Adoption Assistance
Pursuant to Department policy, a youth is eligible for adoption assistance between 18 and 21. Youth must be living at home and the financial responsibility of adoptive parents. S.D. Admin. R. 67:14:14:13; see also S.D. Codified Laws § 28-1-64 (authorizing Department to make payments to adoptive parents that terminate on or before youth’s 21st birthday and to regulate same).
Eligibility for Extended Guardianship Assistance
Pursuant to Department Policy, a youth is eligible for guardianship assistance after age 18. Youth must be a full-time student and has not yet completed 12th grade. A youth is also eligible for guardianship assistance between 18 and 21 if the youth has a mental or physical disability. CHILD PROTECTION SERVICES PROCEDURE MANUAL: FOSTER AND KINSHIP CARE 126 (2010).