Reasonable Efforts to Reunify Families South Dakota

What Are Reasonable Efforts

Statute: § 26-8A-21

Provision by the department of any services or assistance that:

Are appropriate for the child's parents,
including instruction on parenting

Are available or could be made available without
undue financial burden on the department

Would have a significant likelihood of protecting
the child from substantial danger to the child's
physical health or from severe emotional damage
while enabling the child to remain in the home or
to be returned to the home

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When Reasonable Efforts Are Required

Statute: § 26-8A-21

Prior to removal of an alleged or adjudicated abused or neglected child to prevent or eliminate the need for removal from the home

If the child has been removed from the home, to make it possible to return home

When Reasonable Efforts Are NOT Required

Statute: § 26-8A-21.1

The parent:

Has committed murder, manslaughter, rape, incest,
sexual exploitation of a minor, or abuse or
cruelty to a minor

Committed aggravated assault against the child or
another child of the parent

Has subjected the child to torture, sexual abuse,
abandonment for at least 6 months, chronic
physical, mental or emotional injury, or chronic
neglect

Is incarcerated and unavailable to care for the
child during a significant period of the child's
minority

Has had parental rights to another child
terminated involuntarily

Has a documented history of abuse or neglect
associated with chronic alcohol or drug abuse

Has exposed the child to or demonstrated an
inability to protect the child from substantial
harm or the risk of substantial harm