Interstate Compact

Interstate Compact for independent adoptions are subject to regulations and to all adoption laws of sending and receiving states. Requests from attorneys and orders from judges which refer to interstate non-agency adoptions must be sent to:

• Department of Social Services
  Division of Child Protection Services
  700 Governors Drive
  Pierre, SD 57501-2291
• Local offices will then be advised of proper procedures.

The Division of Child Protection Services needs the following to complete the Interstate Compact agreement:

1. Background information on the biological parents.
   
   
2. If Termination of Parental Rights is taking place in South Dakota, the name of the South Dakota guardian appointed for the child who has authority to consent to the adoption. If termination of parental rights is not taking place in South Dakota, please send the Adoption Unit a copy of the adoption consent forms. Please be sure that the parental rights of the mother, biological father, and legal father if different, have been addressed.
   
   
3. In termination of parental rights, a copy of the written report of counseling as provided by SDCL 25-5A-24 that documents the requirements of SDCL 25-5A-22 and SDCL SDCL 25-5A-23 have been met.
   
   
4. An approved adoptive home study either completed by a public agency, or licensed private agency, or certified/licensed adoption investigator. CPS must be provided with the name and address of the agency or person doing the adoptive home study. Please provide the name and address of who will be providing post placement supervision prior to finalization.
   
   
5. Complete the ICPC-100A. (Complete section I-Identifying data, section II-Placement Information, and section III-Services requested up and thru signature of sending agency or person.)

After the birth of the child, we will need the following:

• Name, date and place of birth of the child.
• Copy of the court order terminating the parental rights on both biological and legal parents (If using consent forms, please send those if not already sent.) If done by consent, a legal risk statement must be signed by the adoptive parents stating that they understand the rights have not been terminated and should the birth parents want the child back they must return the child.
• Birth and health information on the child
• Please have the parent or the South Dakota court appointed guardian sign the ICPC-100A form as the sending agency and return to the Adoption Program Specialist with three copies of the above information. As soon as the information is received, we will initiate an Interstate Compact and will notify you when we receive approval for placement from the receiving state. If you want ICPC overnight mailed, you will need to include a pre-paid Fed Express packet.
• For more information, contact Patricia Reiss, Child Protection Services Adoption Specialist, at (605) 773-3227.