South Dakota House Bill HB1151

South Dakota 2024 Regular Session

• Introduced: 1/25/24
• Refer: 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.