S.D. Admin. R. 67:12:01:66.04

Current through Register Vol. 51, page 67, December 16, 2024

Section 67:12:01:66.04 - Evidence of good cause

To meet the requirements of § 67:12:01:66.02, the department shall accept any of the following as evidence of good cause:

(1) Birth certificates or medical or law enforcement records that indicate the child was conceived as a result of incest or forcible rape;

(2) Court documents or other records that indicate legal proceedings for adoption are pending in court;

(3) Court, medical, criminal, child protective services, social services, psychological, or law enforcement records that indicate the alleged or absent parent might inflict physical or emotional harm on the child or caretaker relative;

(4) Medical records that indicate the emotional health history and present health status of the caretaker relative or the child for whom support should be sought; or written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the caretaker relative or the child would be negatively affected by compliance with § 67:12:01:66;

(5) A written statement from a public or private agency confirming that the caretaker relative is being assisted in deciding whether a child should be kept or relinquished for adoption; or

(6) Sworn statements from individuals, other than the applicant or recipient, with knowledge of the circumstances that provide a basis for the good cause claim.

S.D. Admin. R. 67:12:01:66.04

5 SDR 48, effective 12/19/1978; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 51 SDR 052, effective 11/11/2024

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.