South Dakota 2024 Regular Session

South Dakota House Bill HB1151

Introduced
1/25/24  

Caption

Define and require active efforts for purposes of preserving and reuniting families following instances of abuse or neglect.

Impact

The introduction of HB1151 will modify current child welfare practices by instituting a more comprehensive approach to family engagement and support. It sets a higher standard of conduct than the existing reasonable efforts requirement by specifying various active efforts that must be carried out, including conducting assessments of family conditions, identifying necessary services, helping caregivers overcome barriers to accessing these services, and actively involving extended family members and tribal representatives in the process. This could lead to a more systematic approach to family reunification, potentially reducing the number of children in foster care.

Summary

House Bill 1151 aims to enhance the process of protecting children in cases of abuse or neglect by establishing a framework of 'active efforts' that social services must undertake. This bill specifically mandates that the Department of Social Services engage in detailed efforts to either prevent the removal of children from their homes or to facilitate their return in a timely manner. The intent is to ensure that families have the necessary support to remain intact whenever safely possible, emphasizing family preservation as a priority in child custody proceedings.

Contention

While the bill is aimed at improvement in child welfare practices, debates surrounding its implementation have emerged, focusing on the adequacy and availability of resources necessary for executing 'active efforts.' Critics of the bill may argue about the feasibility of the requirements, particularly regarding the involvement of extended families and tribal members, highlighting concerns about whether social services are adequately equipped to conduct the extensive engagement as mandated. Supporters assert that a committed approach to family reunification is essential and long overdue.

Companion Bills

No companion bills found.

Previously Filed As

SD HB4059

Relating to child abuse; declaring an emergency.

SD HB553

Relative to the definition of abuse and neglect and conditions triggering a rebuttable presumption of harm in abuse and neglect cases.

SD SF3920

Definition of active efforts in the Minnesota African American Family Preservation and Child Welfare Disproportionality Act modification

SD HB6565

Reuniting Families Act Filipino Veterans Family Reunification Act

SD SB3419

Reuniting Families Act Filipino Veterans Family Reunification Act

SD SB1654

Relating to definition of abuse of a child, the reporting of child abuse and neglect, and certain required notifications about reports of child abuse and neglect.

SD HB3635

Relating to definition of abuse of a child, the reporting of child abuse and neglect, and certain required notifications about reports of child abuse and neglect.

SD SF3995

Change active efforts to reasonable efforts in the Minnesota African American Family Preservation and Child Welfare Disproportionality Act

SD LD891

An Act to Exclude Poverty as a Factor When Determining Instances of Willful Neglect or Abuse of a Child

SD SB18

Revise the definition of child abuse or neglect

Similar Bills

No similar bills found.