ARSD 67:14:24:07. Authority for interstate placement

The department shall not place a child outside this state unless: (1) Parental rights for the child have been terminated or limited by a court in a divorce decree, dependency, neglect, delinquency order, or order under voluntary termination of parental rights; (2) The relative placing the child has responsibility for the care, custody, and control of the child; (3) The legal guardian, other than a child placement agency, has responsibility for the care, custody, and control of the child; (4) A court has taken responsibility in determining the out-of-state placement of the child; or (5) A licensed or authorized child placement agency has responsibility for a temporary out-of-state placement of a child requiring treatment or specific therapy not available within the state.