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modify the definition of public infrastructure to allow a federally recognized Indian tribe to be eligible for housing infrastructure grants and loans and to declare an emergency.
HB1041 expands the definition of "public infrastructure" to include housing projects on federally recognized Indian tribal lands, making tribes eligible for state housing infrastructure grants and loans. The bill also repeals several outdated provisions from state law related to infrastructure definitions. An emergency clause is included to make these changes effective immediately.
define and require active efforts for purposes of preserving and reuniting families following instances of abuse or neglect.
South Dakota's Department of Social Services must now make "active efforts"—defined as more intensive than current "reasonable efforts"—to keep children with their families or reunite them after abuse or neglect cases, including helping parents complete case plans and access needed resources. This new requirement applies to all child welfare proceedings involving the department and emphasizes working in partnership with parents, extended family, and tribes (for Native American children) using approaches tailored to each family's cultural circumstances. The bill raises the legal standard for how hard the state must work to preserve and reunite families rather than removing children or terminating parental rights.
require active efforts in abuse and neglect proceedings that involve Indian children.
SB 202 requires child protective services to make "active efforts" to prevent the removal of Native American children from their families in abuse and neglect cases, strengthening protections under federal Indian Child Welfare Act standards. The bill amends existing law and adds new requirements to ensure that before removing an Indian child from their home, the state must demonstrate it has actively tried to address the family's problems through services and support.
establish a task force to address the welfare of Indian children in South Dakota.
South Dakota creates a new Indian Child Welfare Task Force made up of representatives from state agencies, tribal governments, the court system, the legislature, and child welfare organizations to study and address issues affecting Indian children in the state. The task force will include members from the Department of Social Services, all nine South Dakota Indian tribes, the court system, lawmakers from both parties, and foster care and adoption experts to develop recommendations on improving child welfare services for Native American children.