Grandparents Raising Grandchildren in South Dakota

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Grandparents Raising Grandchildren in South Dakota | InmateAid

South Dakota's kinship care landscape changed significantly in 2025. If you are a grandparent in South Dakota raising grandchildren whose parents are incarcerated, the rules are different than they were a year ago -- and understanding the difference matters for what support you can access.

**What changed in 2025**: In May 2025, South Dakota approved a new licensed kinship foster care pathway with less intensive requirements than traditional foster care. Licensed kinship caregivers receive between **$22.85 and $27.43 per day** (the same as foster families), depending on the child's age -- significantly more than TANF child-only grants.

In July 2025, a separate TANF rule change removed TANF eligibility for families taking in child relatives who have been removed from their homes by the state's child welfare system. The stated rationale: DSS wants those families to "come in through the front door" -- meaning licensed kinship care -- rather than the "side door" of TANF. The TANF change also included a gradual reduction averaging about $180/month in household TANF benefits.

**What this means for you**: If you are raising grandchildren in a private arrangement (no DSS involvement), the TANF Caretaker Relative option may still apply -- apply at your local DSS office. If DSS removed the grandchildren and placed them with you, the licensed kinship care pathway is now the intended route, and it pays substantially more than TANF.

South Dakota also has nine federally recognized tribal nations, and the context of this article is inseparable from theirs. As of May 2026, **69% of the 1,719 children in South Dakota's foster care system are Native American**, while Native American children are about 13% of the state's overall child population. The kinship tradition -- what the Oglala Sioux Tribe's Child Protection Services Director called "a longstanding part of Lakota culture" -- is the context in which South Dakota's grandparents are doing this work.

You did not plan for this. You raised your children. You got to the other side of it. And then your child was incarcerated and the grandchildren needed somewhere to go. You said yes.

The Decision You Already Made

You already made the hardest decision. The grandchildren are with you. Everything else in this article is about making that workable.

A few things to understand about your position in South Dakota right now:

**If you are raising grandchildren with NO DSS case involvement** (private family arrangement): Apply for TANF Caretaker Relative, SD Medicaid, and SNAP through your local DSS office (dss.sd.gov). The TANF Caretaker Relative does not require meeting with an Employment Specialist. Get a notarized POA from the incarcerated parent through SDDOC notary services.

**If DSS placed the grandchildren with you after removing them from the home**: The licensed kinship foster care pathway is the primary route as of 2025. Ask your DSS caseworker about kinship licensure requirements -- they are less intensive than traditional foster care. Licensed kinship caregivers receive $22.85-$27.43/day. TANF eligibility for this situation was removed in the 2025 rule change.

**If DSS placed the grandchildren and guardianship is the plan**: Ask your caseworker about the Title IV-E Guardian Assistance Program for children exiting foster care to relative guardianship.

**Dial 2-1-1** for local community resources in your county.

South Dakota's 2025 Kinship Rule Changes: What Grandparents Need to Know

Two significant rule changes took effect in South Dakota in 2025:

**1. New Licensed Kinship Foster Care Pathway (May 2025)**

South Dakota's Legislature approved a less intensive licensing pathway for kinship caregivers caring for children in DSS custody. Key features:

- Less intensive requirements than traditional foster care (similar background checks, safety checklist, references, home study -- but simplified)

- **Pay rate: $22.85 to $27.43 per day** depending on child's age

- Available to relatives and fictive kin (people with a close relationship to the child who are not related by blood or marriage)

- Licensed Native American kinship homes grew 44% after this rule took effect

This pathway is now the primary support structure for grandparents with children placed by DSS. If you have been caring for grandchildren informally while a DSS case is open, ask your caseworker about licensure.

**2. TANF Changes (July 2025)**

A TANF rule change removed eligibility for families caring for children removed from their homes by DSS -- pushing those families toward the licensed kinship pathway instead. It also includes a gradual reduction of about $180/month in household TANF benefits.

For grandparents in **informal** arrangements (no DSS involvement): TANF Caretaker Relative remains available. Apply at your local DSS office.

For grandparents where **DSS removed the children**: TANF is no longer the support mechanism; the licensed kinship pathway is.

DSS Secretary Althoff's note that 99% of TANF households are also enrolled in Medicaid remains relevant: Medicaid coverage is not tied to the TANF change.

Legal Authority: What It Is and How to Get It in South Dakota

**Power of Attorney**

A notarized parental POA from the incarcerated parent gives you immediate authority for school enrollment and medical care. SDDOC (South Dakota Department of Corrections) facilities have notary services -- contact the facility case manager.

**Guardianship (Circuit Court)**

Guardianship through South Dakota circuit court is the primary long-term legal pathway for grandparents not in the DSS system. Most guardianships in South Dakota are outside licensed foster care, according to DSS. Contact South Dakota Legal Aid (sdlegal.org) for free civil legal help if income-eligible.

**Title IV-E Guardian Assistance Program (Foster Care Cases)**

South Dakota has an approved Title IV-E Guardian Assistance Program for children who exit the foster care system to relative guardianship. If DSS placed the grandchildren and guardianship is the permanency plan, ask your caseworker about Title IV-E eligibility.

**Kinship Foster Care Licensure (DSS Cases)**

For grandparents with children in DSS custody: becoming a licensed kinship foster caregiver is now the primary pathway to financial support. Licensing requirements are less intensive than traditional foster care. Ask your DSS caseworker to start the process.

**Tribal Custody**

For children who are enrolled tribal members, tribal child welfare programs have authority alongside or in place of DSS under ICWA. Contact your tribe's social services department.

**Adoption**

Adoption permanently terminates the biological parent's parental rights. The licensed kinship pathway is designed to create a smoother pathway to adoption if reunification is ultimately ruled out and the kinship caregiver is already licensed.

Money: What South Dakota Offers Kinship Caregivers

**TANF Caretaker Relative (Informal Arrangements)**

For grandparents raising grandchildren in private arrangements with no DSS case: apply for TANF Caretaker Relative at your local DSS office (dss.sd.gov). The Caretaker Relative pathway does not require meeting with an Employment Specialist. TANF triggers assignment of child support rights to South Dakota.

The 2025 TANF rule changes are being phased in; verify current eligibility at your local DSS office.

**Licensed Kinship Foster Care (DSS Cases)**

For grandparents with children placed by DSS: the licensed kinship care pathway provides $22.85 to $27.43 per day depending on the child's age. This is substantially more than TANF and is now the primary financial support mechanism for DSS-involved kinship families.

**SD Medicaid**

Children generally qualify for SD Medicaid based on income regardless of TANF status. 99% of TANF households are enrolled in Medicaid. Apply at your local DSS office or dss.sd.gov. Medicaid covers doctor visits, dental, prescriptions, mental health services, emergency care, and vision.

**SNAP (Food Assistance)**

Apply through your local DSS office. Include grandchildren in household count.

**Title IV-E Guardian Assistance (Foster Care Cases)**

Financial and medical assistance for relative guardians of children exiting DSS foster care. Ask your DSS caseworker.

**Social Security**

If the incarcerated parent was working before arrest, the grandchildren may be eligible for Social Security dependent benefits. Call 1-800-772-1213. SSI may be available for grandchildren with disabilities.

South Dakota's Tribal Context: The Defining Reality

South Dakota's child welfare system cannot be understood without understanding its tribal context. Nine federally recognized tribes are sovereign nations within South Dakota's borders:

- Cheyenne River Sioux Tribe (Cheyenne River Reservation, north-central)

- Crow Creek Sioux Tribe (Crow Creek Reservation, central)

- Flandreau Santee Sioux Tribe (Flandreau, east-central)

- Lower Brule Sioux Tribe (Lower Brule Reservation, central)

- Oglala Sioux Tribe (Pine Ridge Reservation, southwestern -- second largest reservation in the US by area)

- Rosebud Sioux Tribe (Rosebud Reservation, south-central)

- Sisseton Wahpeton Oyate (Lake Traverse Reservation, northeastern)

- Standing Rock Sioux Tribe (Standing Rock Reservation, north-central, spans into North Dakota)

- Yankton Sioux Tribe (Yankton Reservation, southeastern)

**69% of the 1,719 children in South Dakota's foster care system are Native American**, while Native American children make up approximately 13% of the state's child population. This overrepresentation -- generational and persistent -- is the backdrop for why South Dakota created the Indian Child Welfare Advisory Council in 2024 and why the 2025 kinship licensing changes were designed in part to be accessible for families on reservations.

The Oglala Sioux Tribe's Child Protection Services Director, Susan Schrader, wrote in support of the 2025 rule changes: "Temporary care from extended family members is a longstanding part of Lakota culture." At the time, an estimated 400 Oglala Sioux kinship families were caring for children without state support because they found the licensing process "too difficult and cumbersome."

**ICWA (Indian Child Welfare Act)** applies when child welfare proceedings involve children who are enrolled members or eligible for enrollment in a federally recognized tribe. ICWA requires tribal notification, involves tribal courts in some proceedings, and provides specific placement preferences. If the grandchildren are enrolled tribal members, contact your tribe's social services department alongside DSS.

For tribal grandparents, tribal social services may be the primary and most trusted pathway. Your tribe may have its own kinship support, Tribal TANF, and child welfare programs that operate independently of DSS.

The School Question

With a POA, guardianship, or legal custody, school enrollment in South Dakota is straightforward.

Without legal authority: use the federal McKinney-Vento Homeless Assistance Act. South Dakota schools must immediately enroll children in unstable housing, including children living with relatives due to a parent's incarceration. Ask the school district's McKinney-Vento liaison.

For children with IEPs, you will need legal authority or signed parental authorization from the incarcerated parent to participate in planning meetings. SDDOC facilities have notary services -- contact the facility case manager.

Medical Authorization Before Court Paperwork Is Done

Get a notarized parental POA from the incarcerated parent through SDDOC notary services. Contact the facility case manager.

Apply for SD Medicaid at your local DSS office or dss.sd.gov. Medicaid enrollment is separate from TANF and not affected by the 2025 TANF changes for children's coverage.

South Dakota's Geographic Reality

South Dakota spans from the rich farmland of the eastern Coteau des Prairies to the dry ranch country and Badlands of the west, with the Black Hills at the far western end. Sioux Falls (Minnehaha County) holds the largest concentration of urban services in the east. Rapid City (Pennington County) anchors western SD. Pierre (Hughes County) is the capital in the center.

The reservations span the western two-thirds of the state. Pine Ridge (Oglala Sioux) in the southwest is one of the largest and most remote. Eagle Butte (Cheyenne River) is in north-central SD. Rosebud is in south-central SD.

SDDOC facilities include the South Dakota State Penitentiary (Sioux Falls), the Women's Prison (Pierre), Mike Durfee State Prison (Springfield, Bon Homme County, southeastern SD), and Yankton Minimum Security (Yankton). For a Pine Ridge family visiting the Sioux Falls penitentiary: about 300 miles northeast. For a Rosebud family visiting Pierre Women's Prison: about 120 miles northwest.

The distances matter. Phone calls through ICS Corrections / GTL -- which you control -- matter more than visits in many South Dakota kinship families' situations.

What She Is Carrying That He Cannot See

You did not plan for this stage of your life. The grandchildren arrived and with them came school forms, doctor appointments, someone to be home, someone to sit with a child who is afraid.

In South Dakota, the substance use crisis -- methamphetamine in rural communities and on reservations, opioids in urban areas -- has put a disproportionate share of this state's kinship burden on Native American grandparents and grandmothers, on reservation communities where the licensing process was designed for a different context.

You are also carrying your feelings about your child who is incarcerated. Those feelings do not have to resolve.

The PAL program (Parents of Addicted Loved Ones) is available in South Dakota -- a national faith-based peer support program for families navigating a loved one's addiction. Dial 2-1-1 to find local meetings.

Your tribe's social services department, your school's social worker, the Area Agencies on Aging that serve South Dakota's older adults caring for grandchildren -- all of these are there.

Talking to the Grandchildren About Where Their Parent Is

The children know something is wrong. Silence does not protect them.

Use honest, age-appropriate language. For a young child: "Your dad made a mistake and he has to stay somewhere else while he learns from it. You are safe and I am here." For an older child: "Your mom is in prison. She did something against the law and a judge decided she needs to be there for a while. She loves you. She is not in danger."

Do not make promises about when the parent will be home that you cannot keep. Let the children have their feelings. Keep the parent present in appropriate ways: photos, letters, phone calls.

SDDOC phone calls go through ICS Corrections / GTL. You control which numbers are approved. The grandchildren's relationship with their incarcerated parent is theirs.

SD Medicaid covers mental health services for children. If the grandchildren are struggling, ask the school counselor for a referral or the child's Medicaid primary care provider.

Your Relationship With Your Incarcerated Child

Your feelings about your child are complicated. You are raising their children because they cannot. Both things are true.

What the grandchildren need: to see that you are not punishing their parent through them.

What you need: a place to hold the complicated feelings that is not in front of the grandchildren. PAL, a therapist, your tribe's support systems, a trusted person in the community -- any of these is better than holding it alone.

What to Do First: A Practical Checklist

Get a notarized POA from the incarcerated parent through SDDOC notary services. Contact the facility case manager.

Contact your local DSS office (dss.sd.gov) to understand what your current eligibility is given the 2025 TANF changes. If there is no DSS case: apply for TANF Caretaker Relative, SD Medicaid, and SNAP. If there is a DSS case: ask about kinship licensure.

If there is a DSS case: ask your DSS caseworker to start the kinship licensure process. The 2025 pathway has less intensive requirements than traditional foster care and pays $22.85-$27.43/day.

If guardianship is the plan (DSS cases): ask your caseworker about the Title IV-E Guardian Assistance Program.

If grandchildren are enrolled tribal members: contact your tribe's social services department. ICWA applies. The tribe has authority in this process.

Start the guardianship process if not in DSS: contact South Dakota Legal Aid (sdlegal.org) for free civil legal help if income-eligible.

Enroll grandchildren in school using the POA. Use McKinney-Vento if needed.

Dial 2-1-1 for local community resource connections.

Take care of yourself. Reach out to your tribe, your community, PAL, or a trusted person.

FAQ

**What changed with South Dakota TANF in 2025?** Two changes: (1) A new licensed kinship foster care pathway was approved in May 2025 with less intensive requirements, paying $22.85-$27.43/day. (2) In July 2025, TANF eligibility was removed for families caring for children removed from their homes by DSS -- those families are now directed to the licensed kinship pathway instead. TANF Caretaker Relative remains available for grandparents in private arrangements with no DSS case involvement.

**What is the licensed kinship care pathway and how much does it pay?** A less intensive alternative to traditional foster care licensure for relatives and close family friends caring for children in DSS custody. Pays between $22.85 and $27.43 per day depending on the child's age -- the same as foster families. Ask your DSS caseworker to begin the licensing process.

**Why are Native American children overrepresented in South Dakota's foster care?** 69% of South Dakota's approximately 1,719 foster children are Native American, while Native American children are about 13% of the state's child population. This overrepresentation has persisted for generations. South Dakota created the Indian Child Welfare Advisory Council in 2024 to address these disparities. The 2025 kinship licensing changes were designed in part to be more accessible for families on reservations.

**What is ICWA and does it apply to my grandchildren?** ICWA (Indian Child Welfare Act) applies when child welfare proceedings involve children who are enrolled members or eligible for enrollment in a federally recognized tribe. It requires tribal notification and involvement, provides placement preferences for tribal children, and grants tribes jurisdiction in some cases. Contact your tribe's social services if the grandchildren may qualify.

**What is the TANF Caretaker Relative program?** For grandparents and relatives raising children in private arrangements with no DSS case involvement: the TANF Caretaker Relative provides cash assistance and does not require meeting with an Employment Specialist. Apply at your local DSS office. The 2025 TANF changes are being phased in -- verify current eligibility with DSS.

**Can I still get Medicaid for my grandchildren if TANF was cut?** Yes. SD Medicaid eligibility for children is separate from TANF and the 2025 rule changes. DSS reports that 99% of TANF households are enrolled in Medicaid. Apply through your local DSS office or dss.sd.gov.

**How do I talk to the grandchildren about their parent being in prison?** Use honest, age-appropriate language without promises about when the parent will be home. Let the children have feelings. Keep the parent present appropriately -- photos, letters, SDDOC phone calls through ICS Corrections/GTL. SD Medicaid covers children's mental health services; ask the school counselor or primary care provider for a referral.