reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06A - Assistance In Treatment Of Kidney Disease › Section 28-6A-13 - Schedule for copayment of service fees--Payments by applicant and department.

28-6A-13. Schedule for copayment of service fees--Payments by applicant and department.
The secretary of social services shall adopt by rule a copayment schedule for services under this chapter. The schedule shall consider the income and resources of the applicant or recipient. The applicant or recipient shall pay the copayment directly to the service provider. The Department of Social Services shall pay to the service provider the remainder of the amount of benefits to which the applicant or recipient is entitled under this chapter.
Source:
SL 1981, ch 214, §4; SL 1982, ch 206.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06B - Medical Care For Unborn Children › Section 28-6B-1 - Prenatal care program created.

28-6B-1. Prenatal care program created.
There is hereby created the prenatal care program, a separate health assistance program, solely to provide for the medical care of unborn children whose mothers are ineligible for coverage under Title XIX of the federal Social Security Act based on their citizenship status.
Source:
SL 2016, ch 148, §1; SL 2019, ch 127, §11.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06B - Medical Care For Unborn Children › Section 28-6B-3 - Administration by department.

28-6B-3. Administration by department.
The department shall implement the prenatal care program and shall receive and distribute the state and federal funds appropriated or provided for benefits pursuant to this chapter.
Source:
SL 2016, ch 148, §3.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06B - Medical Care For Unborn Children › Section 28-6B-4 - Promulgation of rules.

28-6B-4. Promulgation of rules.
The secretary shall promulgate rules pursuant to chapter 1-26. The rules shall specify the individuals and services for which state funds or federal financial participation are available and may include:
(1)The amount, scope, and duration of prenatal medical services;
(2)The basis for and extent of provider payments on behalf of an eligible person;
(3)The establishment and collection of copayments, premiums, fees, or charges for sharing the cost of risk protection or services to persons. All collections shall be remitted to the general fund;
(4)Methods of administration found necessary for the operation of the prenatal care program;
(5)Safeguards against the disclosure or improper use of information, required by statutory law to be held confidential, concerning applicants for or recipients of medical assistance; and
(6)Any other requirements as may be necessary to obtain federal financial participation in the medical assistance program.
Source:
SL 2016, ch 148, §4; SL 2019, ch 127, §12.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06B - Medical Care For Unborn Children › Section 28-6B-5 - Eligibility for program.

28-6B-5. Eligibility for program.
The department shall determine eligibility for this program using the same income limits and methodology used to determine eligibility for the pregnancy program under Title XIX.
Source:
SL 2016, ch 148, §5.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06B - Medical Care For Unborn Children › Section 28-6B-6 - Scope of services.

28-6B-6. Scope of services.
The department shall determine the scope of services eligible to provide health coverage for the unborn child for this program in accordance with the federal regulations.
Source:
SL 2016, ch 148, §6.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06B - Medical Care For Unborn Children › Section 28-6B-7 - Medical issue unrelated to pregnancy not included.

28-6B-7. Medical issue unrelated to pregnancy not included.
No medical services for a medical issue unrelated to the pregnancy or separate to the mother is covered under this chapter.
Source:
SL 2016, ch 148, §7.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06B - Medical Care For Unborn Children › Section 28-6B-8 - Abortion not included--Exception.

28-6B-8. Abortion not included--Exception.
For purposes of this chapter, the term, prenatal medical services, does not include an abortion unless the abortion is necessitated by a medical emergency as defined in subdivision 34-23A-1(5).
Source:
SL 2016, ch 148, §8.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-1 - No entitlement to assistance.

28-7A-1. No entitlement to assistance.
The implementation of assistance under this chapter does not establish a personal or family entitlement to assistance.
Source:
SL 1997, ch 166, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-2 - Definition of terms.

28-7A-2. Definition of terms.
Terms used in this chapter mean:
(1)"Assistance," includes money, services, goods, or other types of temporary assistance made with respect to any child or with respect to the parents of any child for whom federal funds are available to the state under this chapter;
(2)"Department," the Department of Social Services;
(3)"Title IV," including its derivatives, refers to Title IV of the federal Social Security Act.
Source:
SL 1997, ch 166, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-3 - Promulgation of rules.

28-7A-3. Promulgation of rules.
The department may promulgate rules, in accordance with chapter 1-26, regarding:
(1)Assistance eligibility qualifications except as otherwise provided in §28-7A-4.1, application procedure, and assistance level;
(2)Employability assessment, work activities, and supportive services;
(3)Conditions of continued eligibility, eligibility time limits, eligibility recertification periods, and exemptions;
(4)Program participation requirements, criteria for disqualification, and good cause exemptions;
(5)Disqualification for intentional program violation or failure to comply with program requirements;
(6)Benefit recovery and recoupment policies and procedures;
(7)Methods of distribution and payment of moneys appropriated by the Legislature or received from the federal government for the granting of temporary assistance for needy families;
(8)Development of applications, reports, and other forms;
(9)Enforcement of child support obligations including distribution of collections, cooperative agreements with courts and law enforcement officials, and such other rules as may be found necessary or desirable to qualify for federal financial participation;
(10)Collection, audit, and reporting of facts and statistics relating to the field of public assistance;
(11)Compliance with federal reporting and documentation requirements necessary to qualify for federal funds; and
(12)Any other standards of operation and administration within the mandate of this chapter, as necessary or desirable to qualify for federal financial participation.
Source:
SL 1997, ch 166, §4; SL 2020, ch 116, § 1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-4 - Determining eligibility requirements.

28-7A-4. Determining eligibility requirements.
Eligibility criteria and assistance level for temporary assistance for needy families shall be determined by the department with due regard to the necessary expenditures of families in this state.
Source:
SL 1997, ch 166, §5.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-4.1 - Exemption--Controlled substance felony--Denial of benefits—Prohibition.

28-7A-4.1  .  Exemption--Controlled substance felony--Denial of benefits—Prohibition.
As permitted in accordance with 21 U.S.C. §862a(d)(1)(A), this state exempts itself from the application of 21 U.S.C. §862a(a)(1).
The department may not deny benefits otherwise available under this chapter to an applicant solely because the applicant has been convicted, under state or federal law, of an offense that is classified as a felony and which has as an element the possession, use, or distribution of a controlled substance, as defined in §  34-20B-3   or 21 U.S.C. §802.
Source:  SL 2020, ch 116, § 2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-5 - Social security number required for eligibility.

28-7A-5. Social security number required for eligibility.
An applicant for or recipient of assistance under this chapter shall supply proof of or apply for a social security number as a condition of eligibility to receive assistance. The parent or relative with whom the child resides shall comply on behalf of a child for whom assistance is claimed.
Source:
SL 1997, ch 166, §6.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-6 - Cooperation with paternity and child support proceedings required.

28-7A-6. Cooperation with paternity and child support proceedings required.
An applicant or recipient of assistance under this chapter shall, as a condition of eligibility for assistance, cooperate with proceedings to establish paternity and to enforce, collect, or modify child support on behalf of any child for whom assistance is claimed or received.
Source:
SL 1997, ch 166, §7.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-7 - Assignment of support rights.

28-7A-7. Assignment of support rights.
Application for or receipt of assistance under this chapter or of foster care maintenance payments under the Title IV-E state plan shall operate as an assignment by operation of law of all support rights from any person, which such applicant or recipient may have on the applicant's or recipient's own behalf or on behalf of any other family member for whom the recipient is receiving assistance or Title IV-E foster care maintenance payments, including any support payments accrued and unpaid at the time of the assignment.
Source:
SL 1997, ch 166, §8.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-8 - Manner of application--Timely response.

28-7A-8. Manner of application--Timely response.
Application shall be made in a manner prescribed by the department. The department shall promptly notify the applicant of its decision.
Source:
SL 1997, ch 166, §9.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-9 - Assessment of skills, work experience, and employability.

28-7A-9. Assessment of skills, work experience, and employability.
The department shall make such assessment of the skills, prior work experience, and employability of eligible applicants or recipients as may be necessary and feasible for the purposes of this chapter.
Source:
SL 1997, ch 166, §10.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-10 - Adoption of standards for participation in work activities and assistance programs--Training and education.

28-7A-10. Adoption of standards for participation in work activities and assistance programs--Training and education.
The department may adopt by rules promulgated pursuant to chapter 1-26 reasonable standards for the participation of eligible recipients in work activities and programs of assistance calculated to foster parental responsibility, employment, or family independence. To the extent possible in a work oriented program, training, and education, although not an alternative for working, may be utilized to prepare people for work.
Source:
SL 1997, ch 166, §11.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-11 - Denial, reduction, or termination of assistance for refusal to participate--Investigation of compliance.

28-7A-11. Denial, reduction, or termination of assistance for refusal to participate--Investigation of compliance.
The department may deny, reduce, or terminate assistance to an applicant or recipient who voluntarily refuses to participate in an assessment, work activity, or assistance program for such period as may be reasonably necessary to deter program waste or abuse. The department may adopt by rules promulgated pursuant to chapter 1-26 necessary and reasonable exemptions and deferrals. The department shall have access to the home of a dependent child at reasonable times for the purpose of conducting such investigation as may be necessary to assure compliance with program requirements.
Source:
SL 1997, ch 166, §12.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-12 - Feasible and reasonable assistance programs authorized.

28-7A-12. Feasible and reasonable assistance programs authorized.
The department may implement such programs of assistance as may be feasible and reasonably calculated to fulfill the purposes of this chapter. This chapter does not require the department to provide assistance in the absence of legislative appropriation therefor.
Source:
SL 1997, ch 166, §13.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-13 - Employment as work activity.

28-7A-13. Employment as work activity.
An adult in a family receiving assistance under this chapter may fill a vacant employment position in order to engage in a work activity except no such adult may be employed or assigned if any other individual is on layoff from the same or any substantially equivalent job or if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy so created.
Source:
SL 1997, ch 166, §14.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-14 - Reconsideration of assistance.

28-7A-14. Reconsideration of assistance.
The department may reconsider assistance as frequently as may be required. The department may deny, reduce, suspend, or terminate assistance as the circumstances may indicate upon such reconsideration.
Source:
SL 1997, ch 166, §15.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-15 - Appeal by aggrieved applicant or recipient.

28-7A-15. Appeal by aggrieved applicant or recipient.
An applicant or recipient whose application is denied or not acted upon or who is aggrieved by any action affecting receipt, suspension, reduction, or termination of assistance may appeal the action or inaction as provided in chapter 1-26.
Source:
SL 1997, ch 166, §16.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-16 - Denial, reduction, or termination of assistance to deter fraud and program abuse.

28-7A-16. Denial, reduction, or termination of assistance to deter fraud and program abuse.
No applicant or recipient of assistance under this chapter may:
(1)Intentionally make or cause to be made any false statement or misrepresentation in any application, report, or other communication with the department; or
(2)Having knowledge of any event or circumstance affecting the initial or continued eligibility for assistance, intentionally conceal or fail to disclose that event or circumstance for the purpose of obtaining assistance.
The department may deny, reduce, or terminate assistance to any person or household who has violated this section for such period as may be reasonable or necessary to deter fraud or program abuse.
Source:
SL 1997, ch 166, §17.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-17 - Adoption of policies to recover overpayment of assistance.

28-7A-17. Adoption of policies to recover overpayment of assistance.
The department may adopt, pursuant to chapter 1-26, necessary and reasonable policies and procedures to recover or recoup any overpayment of assistance that resulted from fraud or misrepresentation, erroneous determination of eligibility or amount of assistance, or otherwise.
Source:
SL 1997, ch 166, §18.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-18 - Assistance not transferable--Assistance not subject to legal process--Exception.

28-7A-18. Assistance not transferable--Assistance not subject to legal process--Exception.
Assistance granted under this chapter is not transferable or assignable at law or in equity. No money paid or assistance granted under this chapter is subject to execution, levy, attachment, garnishment, or other legal process, except as may be expressly authorized by law for purposes of recovery or recoupment by the department, or to the operation of any bankruptcy or insolvency law.
Source:
SL 1997, ch 166, §19.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-19 - Effect of amending or repealing acts.

28-7A-19. Effect of amending or repealing acts.
Assistance implemented under this chapter is subject to the provisions of any amending or repealing act that may hereafter be enacted. No applicant or recipient of assistance under this chapter has any claim for compensation or otherwise by reason of the effect of any such amending or repealing act.
Source:
SL 1997, ch 166, §20.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-20 - Department to implement combination work and education activity--Time limitation--Goal.

28-7A-20. Department to implement combination work and education activity--Time limitation--Goal.
The Department of Social Services shall implement a combination work and education activity for recipients of the temporary assistance for needy families program who qualify under the provisions of §§28-7A-20 to 28-7A-24, inclusive. This combination work and education activity is limited to twenty-four months and must be directed towards a goal of employment that leads to self-sufficiency .
Source:
SL 2000, ch 133, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-21 - Combination work and education activity--Criteria for education component.

28-7A-21. Combination work and education activity--Criteria for education component.
The education component of the combination work and education activity must meet the following criteria:
(1)Must be an undergraduate postsecondary educational program at an institution accredited by the North Central Association of Colleges and Secondary Schools;
(2)Must result in a marketable skill directly related to employment;
(3)Must be related to the available employment demands and opportunities in the recipient's labor market.
Source:
SL 2000, ch 133, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-22 - Eligibility for work and education activity.

28-7A-22. Eligibility for work and education activity.
The recipient of the temporary assistance for needy families program must meet the following criteria to be approved for the work and education activity under the provisions of §§28-7A-20 to 28-7A-24, inclusive:
(1)Must be enrolled in a postsecondary education program for a minimum of twelve credit hours. Credit hours to meet the requirement of this subdivision may not exceed fifteen;
(2)Must meet the admission requirements established by the institution;
(3)Must maintain a 2.5 grade point average; and
(4)Must have a combination of work hours and classroom hours that meet the work participation requirements of the state's temporary assistance for needy families program.
Source:
SL 2000, ch 133, §3.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-23 - Department may limit number of participants in work and education activity.

28-7A-23. Department may limit number of participants in work and education activity.
The Department of Social Services may limit the number of participants in the work and education activity to meet the requirements under the state's temporary assistance for needy families program.
Source:
SL 2000, ch 133, §4.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 07A - Temporary Assistance For Needy Families › Section 28-7A-24 - Promulgation of rules.

28-7A-24. Promulgation of rules.
The department may promulgate rules pursuant to chapter 1-26 for the administration of §§28-7A-20 to 28-7A-24, inclusive. Rules may include the following:
(1)Employability assessment, work activities, and supportive services;
(2)Conditions of continued eligibility, eligibility time limits, eligibility recertification periods, and exemptions;
(3)Program participation requirements, criteria for disqualification, and good cause exemptions;
(4)Limits on the number of participants; and
(5)Such other rules and standards of operation and administration within the mandate of §§28-7A-20 to 28-7A-24, inclusive, as may be necessary or desirable to qualify for federal financial participation.
Source:
SL 2000, ch 133, §5.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 08 - Title XX Social Services Program › Section 28-8-23 - Purposes of chapter.

28-8-23. Purposes of chapter.
The purposes of this chapter are to qualify for federal funds under the provisions of Title XX of the Social Security Act; to administer said federal funds as well as other funds available to the Department of Social Services; and to direct all such public services of the department toward the goals of:
(1)Achieving or maintaining self-support to prevent, reduce, or eliminate dependency;
(2)Achieving or maintaining self-sufficiency, including reduction of dependency;
(3)Preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating, or reuniting families;
(4)Preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care; or
(5)Securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions.
Source:
SL 1975, ch 188, §1; SL 1980, ch 201, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 08 - Title XX Social Services Program › Section 28-8-24 - Definition of terms.

28-8-24. Definition of terms.
Terms used in this chapter mean:
(1)Deleted by SL 2004, ch 167, §59.
(2)"Department," the Department of Social Services created by §1-36-1; and
(3)"Secretary," the duly appointed, qualified, and acting head of the department created by §1-36-2.
Source:
SL 1975, ch 188, §2; SL 2004, ch 167, §59.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 08 - Title XX Social Services Program › Section 28-8-25 - Powers of department in implementation of program.

28-8-25. Powers of department in implementation of program.
In addition to any other rights, duties, powers, privileges, and responsibilities of the Department of Social Services or any division thereof, the department, through the secretary, may:
(1)Prepare and submit for approval of the secretary of the United States Department of Health and Human Services, a comprehensive service program plan or plans as the agency of this state under the provisions of Title XX of the federal Social Security Act;
(2)Serve as the agency within this state which will administer or supervise the administration of the program for the provision of the services authorized under Title XX;
(3)Comply with the provisions of Title XX and any rules and regulations promulgated pursuant thereto by the federal government for the purposes of qualifying for federal funds and making such reports concerning the use of federal social service funds as may be required by regulation;
(4)Designate the state's service program year as the fiscal year of either the federal government or state government;
(5)Accept and use donated private funds as long as such funds are transferred to the department, are under the department's exclusive administrative control, are donated without restriction as to use, other than restrictions by a donor who is not a sponsor or operator of a service program or services to which such funds are restricted, other than restriction as to the geographic area to which the funds are to be used, or other than restrictions which will cause such funds to revert to the donor's facility or use except when the donor's facility is a nonprofit organization;
(6)Impose a service fee as a precondition to provision of any service specified by the department.
Source:
SL 1975, ch 188, §3; SL 1980, ch 201, §2; SL 2004, ch 167, §60.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 08 - Title XX Social Services Program › Section 28-8-26 - Services for which fees prohibited--Low-income families.

28-8-26. Services for which fees prohibited--Low-income families.
Notwithstanding subdivision 28-8-25(6), no service fee may be imposed for any of the following services:
(1)Information or informational and referral services;
(2)Any services directed at the goal of preventing or remedying neglect, abuse, or exploitation of minor children or adults unable to protect their own interest;
(3)Any services provided to or on behalf of any eligible person defined by the department pursuant to Title XX of the Social Security Act; or
(4)Any services provided to or on behalf of a member of a family, the monthly gross income of which is less than an amount specified by the department, adjusted to take into account the size of the family, as may be required by the federal government.
Source:
SL 1975, ch 188, §3 (6); SL 2004, ch 167, §61.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 08 - Title XX Social Services Program › Section 28-8-27 - Deposit and crediting of nonappropriated funds--Use by department--No reversion to general fund.

28-8-27. Deposit and crediting of nonappropriated funds--Use by department--No reversion to general fund.
All privately donated funds and other nonappropriated funds shall be deposited with the state treasurer and credited to a program account designated by the department and any such funds are continuously appropriated for use by the Department of Social Services for the purpose of obtaining federal funds available under Title XX of the Social Security Act. No money received by the state treasurer pursuant to this section may revert to the general fund of the state.
Source:
SL 1975, ch 188, §6; SL 2004, ch 167, §62.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 08 - Title XX Social Services Program › Section 28-8-28 - Services provided to individuals by secretary--Rules and standards.

28-8-28. Services provided to individuals by secretary--Rules and standards.
Subject to rules of the department establishing eligibility for, the content of, and the extent of entitlement to services, with or without a service fee, the secretary of social services may provide services to and on behalf of individuals within this state, and fix standards or other conditions of participation by providers of such services under contract or otherwise.
Source:
SL 1975, ch 188, §4; SL 2004, ch 167, §63.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 08 - Title XX Social Services Program › Section 28-8-29 - Recipient information confidential--Conditions for disclosure.

28-8-29. Recipient information confidential--Conditions for disclosure.
The use or disclosure of information obtained in connection with the administration of the comprehensive annual service programs concerning applicants for or recipients of such services is confidential and restricted to purposes directly connected with the administration of that program. However, such information may be disclosed with the prior written consent of the applicant or recipient or, if a minor, a parent or guardian, or, in accordance with such rules promulgated by the department, for purposes directly connected with the administration of any other related program.
Source:
SL 1975, ch 188, §5; SL 2004, ch 167, §64.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 08A - Special Services For Physically Handicapped Persons › Section 28-8A-5.1 - Attendant care for quadriplegics--Qualifications for participants.

28-8A-5.1. Attendant care for quadriplegics--Qualifications for participants.
The Department of Human Services shall establish a program of attendant care for mentally alert quadriplegic persons who have severe paralysis of both lower limbs or trunk and total or partial paralysis of both upper limbs whose condition is caused by an accident and not the result of the normal aging process. The paralysis shall be the result of an injury suffered to cervical nerve number eight or above. The individuals shall have mental and physical capabilities that allow them to participate in a program of rehabilitation. The individuals may not reside in any facility or institution licensed under chapter 34-12.
Source:
SL 1988, ch 224, §1; SL 1992, ch 372, §19.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 08A - Special Services For Physically Handicapped Persons › Section 28-8A-6.1 - Rules for attendant-care program.

28-8A-6.1. Rules for attendant-care program.
The secretary of human services may adopt reasonable and necessary rules pertaining to the attendant-care program in the following areas:
(1)The amount, scope, and duration of care;
(2)The level and basis of payment;
(3)Eligibility determination;
(4)Administration, record keeping, and audit requirements; and
(5)Such other standards and requirements as may be necessary to ensure the efficient operation and administration of the program.
Source:
SL 1988, ch 224, §2; SL 1992, ch 372, §19.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 08A - Special Services For Physically Handicapped Persons › Section 28-8A-7.1 - Direct payment for attendant-care services.

28-8A-7.1. Direct payment for attendant-care services.
The secretary of human services may provide attendant-care services by direct payment to the recipient based on a bill submitted by the recipient monthly on a form prescribed by the Department of Human Services.
Source:
SL 1988, ch 224, §3; SL 1992, ch 372, §19.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 08A - Special Services For Physically Handicapped Persons › Section 28-8A-9 - Personal attendant defined.

28-8A-9. Personal attendant defined.
For the purposes of §§28-8A-10 and 36-9-28, a personal attendant is a person who acts at the direction of a person with a disability and provides that person with medical, nursing, or home health care services that a person without a disability can perform.
Source:
SL 1994, ch 230, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 08A - Special Services For Physically Handicapped Persons › Section 28-8A-10 - Personal attendant allowed for person with disability.

28-8A-10. Personal attendant allowed for person with disability.
Any person with a disability may use the services of a personal attendant to provide any medical, nursing, or health care services that a person without a disability can personally perform unless the person with a disability is residing in a licensed health care facility.
Source:
SL 1994, ch 230, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 09 - Vocational Rehabilitation › Section 28-9-23 - Definition of terms.

28-9-23. Definition of terms.
Terms used in this chapter mean:
(1)"Director," the director of rehabilitation services;
(2)"Division," the Division of Rehabilitation Services;
(3)"Vocational rehabilitation" and "vocational rehabilitation services," any goods or services, found by the director to be necessary to render an individual with a disability employable including an assessment for determining eligibility and vocational rehabilitation needs.
Source:
SL 1951, ch 46, §1; SDC Supp 1960, §15.08A01; SDCL, §13-40-1; SL 1975, ch 128, §269; SL 1993, ch 210, §1; SL 1997, ch 169, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 09 - Vocational Rehabilitation › Section 28-9-25 - Administration by director.

28-9-25. Administration by director.
The Division of Rehabilitation Services shall be administered by the director appointed pursuant to §1-36A-4.
Source:
SL 1951, ch 46, §3; SDC Supp 1960, §15.08A03; SDCL, §13-40-3; SL 1975, ch 128, §271; SL 1977, ch 226, §12.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 09 - Vocational Rehabilitation › Section 28-9-27 - Employment of personnel for division.

28-9-27. Employment of personnel for division.
The director of rehabilitation services shall employ, in accordance with chapter 3-6D, personnel as the director deems necessary for the efficient performance of the Division of Rehabilitation Services.
Source:
SL 1951, ch 46, §3; SDC Supp 1960, §15.08A03 (1); SDCL §13-40-5; SL 1973, ch 101; SL 1975, ch 128, §273; SL 2018, ch 12, §10.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 09 - Vocational Rehabilitation › Section 28-9-30 - Rehabilitation service provided to eligible persons.

28-9-30. Rehabilitation service provided to eligible persons.
The Division of Rehabilitation Services shall provide vocational rehabilitation and independent living services to individuals with disabilities determined by the director of rehabilitation services to be eligible.
Source:
SL 1951, ch 46, §4; SDC Supp 1960, §15.08A04; SDCL, §13-40-8; SL 1975, ch 128, §276; SL 1993, ch 210, §3; SL 1997, ch 169, §5.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 09 - Vocational Rehabilitation › Section 28-9-32 - Types of services provided without cost.

28-9-32. Types of services provided without cost.
Except as otherwise provided by law or as specified in the state plan agreement with the federal government, the following rehabilitation services shall be provided to persons with disabilities based upon their economic need:
(1)Physical and mental restoration;
(2)Transportation, for any purpose except when determining the person's eligibility for vocational rehabilitation services and the nature and extent of the services necessary;
(3)Occupational licenses, tools, equipment, and initial stocks and supplies, excluding computers and computer-related devices needed to overcome a disability-related impediment to employment;
(4)Maintenance for any purpose except when determining the person's eligibility for vocational rehabilitation services and the nature and extent of the services necessary;
(5)Training books and materials; and
(6)Tuition and fees for participating in postsecondary academic training programs under the Federal Student Financial Assistance Program.
Source:
SL 1951, §46, §8; SDC Supp 1960, §15.08A08; SDCL, §13-40-10; SL 1975, ch 128, §278; SL 1993, ch 210, §5; SL 1996, ch 185; SL 2001, ch 153, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 09 - Vocational Rehabilitation › Section 28-9-36 - Review of determinations of counselors or coordinators--Written final determination by division director.

28-9-36. Review of determinations of counselors or coordinators--Written final determination by division director.
The director of the Division of Rehabilitation Services shall establish procedures, pursuant to chapter 1-26, for the review of any determination made by a rehabilitation counselor or coordinator upon the request of the individual with the disability, or the individual's parents, if the individual is a minor, or the individual's guardian.
Source:
SL 1951, ch 46, §9; SDC Supp 1960, §15.08A09; SDCL, §13-40-13; SL 1975, ch 128, §282; SL 1981, ch 218, §1; SL 1989, ch 21, §147; SL 1993, ch 210, §8; SL 2001, ch 154, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 09 - Vocational Rehabilitation › Section 28-9-40 - Agreements to implement federal statutes--Administration--Compliance with federal requirements.

28-9-40. Agreements to implement federal statutes--Administration--Compliance with federal requirements.
The Division of Rehabilitation Services shall make agreements or plans to cooperate with the United States in carrying out the purposes of any federal statutes pertaining to vocational rehabilitation. The division may adopt such methods of administration as are found by the United States to be necessary for the proper and efficient operation of such agreements or plans. The division may comply with such conditions as may be necessary to secure the full benefits of such federal statutes.
Source:
SL 1951, ch 46, §5; SDC Supp 1960, §15.08A05; SDCL, §13-40-17; SL 1975, ch 128, §286.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 09 - Vocational Rehabilitation › Section 28-9-44 - Rules for division--Scope of rules.

28-9-44. Rules for division--Scope of rules.
The secretary of the Department of Human Services may promulgate rules for the Division of Rehabilitation Services in accordance with chapter 1-26, governing:
(1)The protection of records and confidential information;
(2)Application requirements;
(3)Eligibility requirements;
(4)Income and resource requirements;
(5)Administration and operation of vocational rehabilitation and independent living programs;
(6)Grant applications and awards;
(7)Administrative reviews and fair hearings;
(8)Amount, scope, and duration of rehabilitative services and independent living services;
(9)Fees.
Source:
SL 1951, ch 46, §3; SDC Supp 1960, §15.08A03 (2); SDCL, §13-40-21; SL 1975, ch 128, §290; SL 1976, ch 172, §2; SL 1977, ch 226, §13; SL 1992, ch 198, §4.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 09 - Vocational Rehabilitation › Section 28-9-47 - Advisory Committee on Employment of People with Disabilities designated.

28-9-47. Advisory Committee on Employment of People with Disabilities designated.
The Board of Vocational Rehabilitation is hereby designated as the Governor's Advisory Committee on Employment of People with Disabilities and shall perform the duties of the committee.
Source:
SL 1967, ch 270, §1; SL 1989, ch 444, §2; SL 1997, ch 297, §1; SDCL §60-7-1; SL 2008, ch 276, §67
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 10 - Service To And Vocational Rehabilitation Of The Visually Impaired › Section 28-10-1 - Definition of terms.

28-10-1. Definition of terms.
Terms used in this chapter mean:
(1)"Director," the director of service to the blind and visually impaired;
(2)"Division," the Division of Service to the Blind and Visually Impaired;
(3)"Impediment to employment," a physical or mental condition which constitutes, contributes to or if not corrected will probably result in an obstruction to independent living or occupational performance;
(4)"Individual with a visual disability," any person who has a visual impairment which results in a substantial impediment to employment or independent living and who can benefit in terms of an employment or independent living outcome;
(5)"Maintenance," money payments not exceeding the estimated cost of subsistence during vocational rehabilitation;
(6)"Occupational licenses," any license, permit, or other written authority required by any governmental unit to be obtained in order to engage in an occupation;
(7)"Physical restoration," any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce an impediment to employment of an individual with a visual disability within a reasonable length of time including medical, psychiatric, dental and surgical treatment, nursing services, hospital care, drugs, medical and surgical supplies, and prosthetic appliances, but excluding curative treatment for acute or transitory conditions;
(8)"Prosthetic appliance," any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ;
(9)"Rehabilitation training," all necessary training provided to a person with a visual disability to compensate for an impediment to employment including manual, preconditioning, pre-vocational, vocational, and supplementary training and training provided for the purpose of achieving broader and more remunerative skills and capacities;
(10)"Service," all of the services provided by the Division of Service to the Blind and Visually Impaired, including independent living, rehabilitation, and minor medical services;
(11)"Vocational rehabilitation" and "vocational rehabilitation services," any services found by the director to be necessary to enable an individual with a visual disability to engage in a remunerative occupation including assessment for determining eligibility and vocational rehabilitation needs, counseling and placement, rehabilitation training, physical restoration, transportation, occupational licenses, customary occupational tools, equipment, maintenance, training books, and materials and adaptive rehabilitation technology devices and services.
Source:
SL 1947, ch 248, §1; SDC Supp 1960, §55.39B01; SL 1969, ch 215, §§1, 2; SL 1977, ch 226, §15; SL 1994, ch 231, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 10 - Service To And Vocational Rehabilitation Of The Visually Impaired › Section 28-10-2.1 - Division created.

28-10-2.1. Division created.
There is hereby created a division for the purpose of rehabilitation of and services to individuals with visual disabilities to be known as the "Division of Service to the Blind and Visually Impaired."
Source:
SL 1973, ch 2, §74; SL 1977, ch 226, §16; SL 1994, ch 231, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 10 - Service To And Vocational Rehabilitation Of The Visually Impaired › Section 28-10-5 - Subordinate administrative units within division.

28-10-5. Subordinate administrative units within division.
The director of service to the blind and visually impaired shall establish appropriate subordinate administrative units within the Division of Service to the Blind and Visually Impaired.
Source:
SL 1947, ch 248, §3; SDC Supp 1960, §55.39B03 (2); SL 1977, ch 226, §17.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 10 - Service To And Vocational Rehabilitation Of The Visually Impaired › Section 28-10-6 - Employment of personnel for division.

28-10-6. Employment of personnel for division.
The director of service to the blind and visually impaired shall employ, pursuant to chapter 3-6D, personnel as the director deems necessary for the efficient performance of the Division of Service to the Blind and Visually Impaired.
Source:
SL 1943, ch 267, §3; SL 1945, ch 308, §3; SL 1947, ch 248, §3; SDC Supp 1960, §55.39B03 (3); SL 1977, ch 226, §18; SL 2018, ch 12, §11.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 10 - Service To And Vocational Rehabilitation Of The Visually Impaired › Section 28-10-7 - Political activity by vocational rehabilitation employees prohibited--Discharge or suspension for violation.

28-10-7. Political activity by vocational rehabilitation employees prohibited--Discharge or suspension for violation.
No officer or employee engaged in the administration of the vocational rehabilitation program shall take any active part in the management of political campaigns or participate in any political activity, except that he shall retain the right to vote as he may please and to express his opinion as a citizen on all subjects. Any officer or employee violating this provision shall be subject to discharge or suspension.
Source:
SL 1947, ch 248, §12; SDC Supp 1960, §55.39B12.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 10 - Service To And Vocational Rehabilitation Of The Visually Impaired › Section 28-10-8 - Delegation of powers by director--Powers not subject to delegation.

28-10-8. Delegation of powers by director--Powers not subject to delegation.
The director of service to the blind and visually impaired may delegate to any officer or employee of the Division of Service to the Blind and Visually Impaired such of his powers and duties, except the making of the division's rules, as may be necessary or appropriate.
Source:
SL 1947, ch 248, §3; SDC Supp 1960, §55.39B03 (8); SL 1977, ch 226, §19.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 10 - Service To And Vocational Rehabilitation Of The Visually Impaired › Section 28-10-10 - Vocational rehabilitation services provided to eligible persons.

28-10-10. Vocational rehabilitation services provided to eligible persons.
The Division of Service to the Blind and Visually Impaired shall provide vocational rehabilitation services to individuals with visual disabilities determined by the director to be eligible.
Source:
SL 1947, ch 248, §4; SDC Supp 1960, §55.39B04; SL 1977, ch 226, §20; SL 1994, ch 231, §4.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 10 - Service To And Vocational Rehabilitation Of The Visually Impaired › Section 28-10-11 - Rehabilitation services provided based on economic need.

28-10-11. Rehabilitation services provided based on economic need.
Except as otherwise provided by law or as specified in the state plan agreement with the federal government, the following rehabilitation services shall be provided to individuals with a visual impairment based upon their economic need:
(1)Physical restoration;
(2)Transportation not provided to determine the eligibility of the individual for vocational rehabilitation services and the nature and extent of the services necessary;
(3)Occupational licenses;
(4)Customary occupational tools and equipment, excluding computer-related assistive technology devices needed to overcome visual disability as an impediment to employment for competitive employment purposes;
(5)Maintenance;
(6)Training books and materials; and
(7)Tuition and fees for participating in postsecondary academic training programs under the Federal Student Financial Assistance Program.
Source:
SL 1947, ch 248, §7; SDC Supp 1960, §55.39B07; SL 1969, ch 215, §5; SL 1976, ch 172, §4; SL 1990, ch 212; SL 1994, ch 231, §5; SL 2001, ch 153, §2; SL 2012, ch 14, §5.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 10 - Service To And Vocational Rehabilitation Of The Visually Impaired › Section 28-10-13 - Certification of funds for disbursement.

28-10-13. Certification of funds for disbursement.
In carrying out his duties under this chapter, the director of service to the blind and visually impaired shall make certification for disbursement, in accordance with regulations, of funds available for services including vocational rehabilitation.
Source:
SL 1947, ch 248, §3; SDC Supp 1960, §55.39B03 (5).