reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons › Section 27B-8-43 - Retaliation against whistle-blower forbidden--Definition.

27B-8-43. Retaliation against whistle-blower forbidden--Definition.
No agency, community service provider, facility, or school may retaliate against any staff who reports in good faith suspected abuse, neglect, or exploitation, or against any person with a developmental disability with respect to any report. An alleged perpetrator cannot self-report solely for the purpose of claiming retaliation. There is a rebuttable presumption of retaliation for any adverse actions taken within ninety days of a report of abuse, neglect, or exploitation.
Adverse action means only those adverse actions arising solely from the filing of an abuse report. For the purposes of this chapter, adverse action means any action taken by a community service provider or facility against the person making the report or against the person with a developmental disability because of the report and includes:
(1)Discharge or transfer from the community service provider or facility except for clinical reasons;
(2)Discharge from or termination of employment;
(3)Demotion or reduction in remuneration for services; or
(4)Restriction or prohibition of access to services and supports or the persons served.
Source:
SL 2000, ch 131, §88.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons › Section 27B-8-44 - Certain conduct as misdemeanor.

27B-8-44. Certain conduct as misdemeanor.
Any person who knowingly engages in conduct with the intent to deprive persons with developmental disabilities of any right as set forth in this title is guilty of a Class 1 misdemeanor.
Source:
SL 2000, ch 131, §89.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons › Section 27B-8-45 - Rights of persons receiving services.

27B-8-45. Rights of persons receiving services.
Any person with a developmental disability receiving services has the right to:
(1)Communicate freely and privately with others of the person's own choosing;
(2)Receive and send sealed, unopened correspondence. No person's incoming or outgoing correspondence shall be opened, delayed, held, or censored by any person;
(3)Receive and send packages. No person's outgoing packages may be opened, delayed, held, or censored by any person;
(4)Reasonable access to telephones, both to make and to receive calls in privacy, and reasonable and frequent opportunities to meet with visitors; and
(5)Suitable opportunities for interaction with others of the person's own choosing.
Source:
SL 2000, ch 131, §90.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons › Section 27B-8-46 - Records confidential--Disclosure.

27B-8-46. Records confidential--Disclosure.
All records kept pursuant to this chapter are confidential and not open to public inspection. The information may be disclosed only in the circumstances and under the conditions set forth in §§27B-8-47 to 27B-8-49, inclusive.
Source:
SL 2000, ch 131, §91.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons › Section 27B-8-47 - Disclosure of information to certain persons.

27B-8-47. Disclosure of information to certain persons.
If the community service provider or facility and the person with a developmental disability and the person's parent, if a minor, or the person's guardian consent, information may be disclosed to providers of supports and services to the person with a developmental disability, or to the person with a developmental disability, or to any other person or agency, if, in the judgment of the community service provider or facility, the disclosure would not be detrimental to the person with a developmental disability.
Source:
SL 2000, ch 131, §92.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons › Section 27B-8-48 - Identity of person to be protected.

27B-8-48. Identity of person to be protected.
If information is disclosed, the identity of the person to whom it pertains shall be protected and may not be disclosed unless it is germane to the authorized purpose for which disclosure was sought. If practicable, no other information may be disclosed unless it is germane to the authorized purpose for which disclosure was made.
Source:
SL 2000, ch 131, §93.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons › Section 27B-8-49 - Further disclosure of information.

27B-8-49. Further disclosure of information.
Any person receiving information made confidential by §27B-8-47 shall disclose the information to others only to the extent consistent with the authorized purpose for which the information was released.
Source:
SL 2000, ch 131, §94.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons › Section 27B-8-50 - Aversive behavioral intervention techniques--Findings.

27B-8-50. Aversive behavioral intervention techniques--Findings.
The Legislature hereby finds that:
(1)Research does not support the long-term efficacy of aversive behavioral intervention;
(2)The use of aversive or abusive treatment raises disturbing legal and ethical issues, and may well deprive the recipient of constitutional or statutory rights and be outside the ethical guidelines imposed upon the treatment professional;
(3)Any person with a disability has the same right to be treated with dignity and respect as any other citizen; and
(4)The use of aversive and abusive treatments on any person with a disability diminishes the dignity and humanity of the treatment professional and the person with a disability.
The Legislature opposes any treatment or practice which violates the right to freedom from harm. The Legislature promotes activities that lead to implementation and dissemination of positive intervention alternatives.
Source:
SL 2000, ch 131, §95.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons › Section 27B-8-51 - Use of aversive intervention techniques prohibited.

27B-8-51. Use of aversive intervention techniques prohibited.
No person may use aversive intervention techniques on a person with a developmental disability.
Source:
SL 2000, ch 131, §96.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons › Section 27B-8-52 - Restriction or suspension of rights only after due process.

27B-8-52. Restriction or suspension of rights only after due process.
The rights of any person with a developmental disability receiving services may only be restricted as a result of due process in accordance with statute and the rules of the Department of Human Services. The rights of any person with a developmental disability as specified in this chapter may be suspended to protect that person from endangering self or others. In order to provide specific services or supports to the person with a developmental disability, such rights may be suspended only by due process that will promote the least restriction on the person's rights.
Source:
SL 2000, ch 131, §97.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons › Section 27B-8-53 - Use of restraints.

27B-8-53. Use of restraints.
Use of restraints may be applied only if a person with a developmental disability exhibits destructive behavior and if alternative techniques including positive behavior intervention techniques have failed.
Source:
SL 2000, ch 131, §98.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons › Section 27B-8-54 - Behavior intervention programs--Prerequisites to implementation.

27B-8-54. Behavior intervention programs--Prerequisites to implementation.
Any behavior intervention program shall use, develop, and promote positive, respectful approaches for teaching in every aspect of life.
Behavior intervention programs may only be implemented following the completion of a comprehensive functional analysis if alternative nonrestrictive procedures have been proven to be ineffective, and only with the informed consent of the person with a developmental disability, if eighteen years of age or over and capable of giving informed consent, or the person's parent or legal guardian. Behavior intervention programs shall be developed in conjunction with the interdisciplinary team and implemented in accordance with §27B-8-52.
Source:
SL 2000, ch 131, §§99, 100.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons › Section 27B-8-55 - Highly restrictive procedures--Limitations on use.

27B-8-55. Highly restrictive procedures--Limitations on use.
The use of any highly restrictive procedures, including restraints and time-out, shall be described in written behavior intervention programs. Use of restraints shall be applied only in an emergency if alternative techniques have failed. Physical restraint intended to restrict the movement or normal functioning of a portion of a person's body through direct contact by staff, shall be employed only if necessary to protect the person with a developmental disability from immediate injury to self or others. No physical restraint may be employed as punishment, for the convenience of staff, or as a substitute for a program of services and supports. Physical restraint shall be applied only after alternative techniques have failed and only if such restraint is imposed in the least possible restriction consistent with its purpose. Mechanical restraint using mechanical devices intended to restrict the movement or normal functioning of a portion of a person's body is subject to special review and oversight, as defined in rules promulgated pursuant to chapter 1-26. Any mechanical restraint shall be designed and used so as not to cause physical injury to the person with a developmental disability and so as to cause the least possible discomfort. No chemical restraint and medication may be used excessively, as punishment, for the convenience of staff, as a substitute for a program, or in quantities that interfere with a person's developmental program. In accordance with statute and the rules promulgated pursuant to chapter 1-26, due process shall be assured pursuant to §27B-8-52 for the use of physical, mechanical, or chemical restraints, including their use in an emergency or on a continuing basis.
Source:
SL 2000, ch 131, §101.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons › Section 27B-8-56 - Time-out rooms.

27B-8-56. Time-out rooms.
Time-out rooms used for separating a person with a developmental disability from other persons receiving services and group activities may be employed only under close and direct staff supervision and only as a technique in behavior intervention programs. No time-out room may be used in an emergency situation. Behavior intervention programs utilizing a time-out procedure may be implemented only if it incorporates a positive approach designed to result in the acquisition of appropriate behavior.
Source:
SL 2000, ch 131, §102; SL 2002, ch 136, §27.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 10 - Civil Commitment Following Dismissal Of Felony Sex Offense Charge › Section 27B-10-1 - Not competent to proceed--Persons with developmental disability--Felony sexual offense dismissed--Civil commitment authorized.

27B-10-1. Not competent to proceed--Persons with developmental disability--Felony sexual offense dismissed--Civil commitment authorized.
Any person with a felony sexual offense charge that has been dismissed pursuant to §23A-10A-14, due to a developmental disability as defined in §27B-1-18, is subject to civil commitment proceedings in accordance with this chapter.
Source: SL 2023, ch 92, §1.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 10 - Civil Commitment Following Dismissal Of Felony Sex Offense Charge › Section 27B-10-2 - Not competent to proceed--Persons with developmental disability--Felony sexual offense dismissed--Petition to commit after dismissal.

27B-10-2. Not competent to proceed--Persons with developmental disability--Felony sexual offense dismissed--Petition to commit after dismissal.
The state's attorney prosecuting any felony sexual offense, which charge was dismissed pursuant to §23A-10A-14 due to a developmental disability as defined in §27B-1-18, may, within thirty days after the dismissal, file a petition for civil commitment of the person charged in the circuit court that dismissed the charge. The petition must allege the criteria for commitment, as set forth in §27B-10-8, and must include facts supporting the allegations.
Source: SL 2023, ch 92, §2.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 10 - Civil Commitment Following Dismissal Of Felony Sex Offense Charge › Section 27B-10-3 - Petition to commit--Mental evaluation--Report--Additional examination and report permitted.

27B-10-3. Petition to commit--Mental evaluation--Report--Additional examination and report permitted.
Within ten days of the filing of a petition for civil commitment pursuant to this chapter, the court shall appoint and order a licensed psychologist or psychiatrist to conduct a psychiatric or psychological evaluation of the person whose condition is the subject of the petition. The licensed psychologist or psychiatrist shall conduct the examination and prepare a report within fifteen days of receipt of the written notice from the court. The report must contain the information set forth in §27B-10-4. The person has the right to obtain an additional examination paid for by the county in which the action is venued. Any report from an additional examination may be placed in evidence. The person must reimburse the county for the reasonable expense of the additional examination, unless the person is indigent. The county may file a lien for the cost of the additional examination and report upon the person's real and personal property.
Source: SL 2023, ch 92, §3.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 10 - Civil Commitment Following Dismissal Of Felony Sex Offense Charge › Section 27B-10-4 - Evaluation report contents--Finding--Commitment hearing--Dismissal.

27B-10-4. Evaluation report contents--Finding--Commitment hearing--Dismissal.
The court-ordered report required under §27B-10-3 must contain:
(1)Any report submitted to the court as part of a mental competency proceeding under chapter 23A-10A;
(2)An evaluation of the person's mental, physical, and emotional status, and a review of the person's social and educational history;
(3)Any other information the examiner believes to be relevant;
(4)Whether the person's developmental disability, having rendered the person incompetent to proceed under chapter 23A-10A, makes it:
(a)Seriously difficult for the person to control their behavior;
(b)Likely that the person will commit other sexual offenses; and
(c)Necessary or advisable for the person to receive appropriate supports or services, or the person needs and is likely to benefit from treatment; and
(5)Whether the person is a danger to themselves or others due to the developmental disability that rendered the person incompetent to proceed under chapter 23A-10A.
If any report submitted to the court indicates that the person has serious difficulty controlling their behavior and is likely to commit other sexual offenses, the court must hold a hearing to determine whether the person is to be involuntarily committed. If no report submitted to the court indicates that the person has serious difficulty controlling their behavior and is likely to commit other sexual offenses, the petition must be dismissed.
Source: SL 2023, ch 92, §4.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 10 - Civil Commitment Following Dismissal Of Felony Sex Offense Charge › Section 27B-10-5 - Commitment hearing--Rights--Limited attendance.

27B-10-5. Commitment hearing--Rights--Limited attendance.
At a hearing ordered pursuant to §27B-10-4, the person whose condition is the subject of the hearing shall be represented by counsel and, if the person is financially unable to obtain adequate representation, the court must appoint counsel for the person. The person has the right to appear personally, to subpoena witnesses on the person's behalf, to confront and cross-examine witnesses, and to present evidence. The person has the right to testify but may not be compelled to testify. If the person chooses not to appear, the person's attorney must state on the record that the person has been informed of the hearing and of the right to appear and chooses not to exercise this right. Documentation of the reasons for the person's decision is not required. If the person is receiving treatment at the time of hearing, the person’s provider must take all reasonable precautions to ensure that, at the time of the hearing, the person is not so under the influence of, or so affected by, drugs, medication, or other treatment or interventions, as to be hampered in preparing for or participating in the hearing. The court may exclude any person not necessary for the conduct of the proceedings from the hearings, except any person requested to be present by the person who is the subject of the hearing.
Source: SL 2023, ch 92, §5.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 10 - Civil Commitment Following Dismissal Of Felony Sex Offense Charge › Section 27B-10-6 - Sheriff and witness fees.

27B-10-6. Sheriff and witness fees.
In proceedings under this chapter, the sheriff is allowed the same fee as for like services in other cases. Any witness is allowed the same fees as a witness in other cases.
Source: SL 2023, ch 92, §6.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 10 - Civil Commitment Following Dismissal Of Felony Sex Offense Charge › Section 27B-10-7 - Commitment hearing--Civil procedure--Judicial authority.

27B-10-7. Commitment hearing--Civil procedure--Judicial authority.
The sections of title 15 relating to civil practice and procedure in the circuit courts shall apply to any hearing pursuant to this chapter. If not otherwise submitted during the hearing, the court may take judicial notice of any other case against the person whose condition is the subject of the hearing, involving sexual offenses, and may order any additional appropriate examination or investigation.
Source: SL 2023, ch 92, §7.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 10 - Civil Commitment Following Dismissal Of Felony Sex Offense Charge › Section 27B-10-8 - Commitment hearing--Court determinations--Order.

27B-10-8. Commitment hearing--Court determinations--Order.
At a hearing ordered pursuant to §27B-10-4, the court shall determine whether there is clear and convincing evidence that:
(1)The person committed one or more felony sexual offenses;
(2)The person's developmental disability, having rendered the person incompetent to proceed under chapter 23A-10A, makes it:
(a)Seriously difficult for the person to control their behavior;
(b)Likely that the person will commit other sexual offenses; and
(c)Necessary or advisable for the person to receive appropriate supports or services, or the person needs and is likely to benefit from treatment; and
(3)Whether the person is a danger to themselves or others due to the developmental disability that rendered the person incompetent to proceed under chapter 23A-10A.
If the court, through written findings of fact and conclusions of law, finds all the above criteria are met, the court must issue an order involuntarily committing the person to the Department of Human Services for appropriate placement. If the person refuses to comply with this order, the court may direct law enforcement to take the person into protective custody.
Source: SL 2023, ch 92, §8.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 10 - Civil Commitment Following Dismissal Of Felony Sex Offense Charge › Section 27B-10-9 - Commitment order--Annual review--Report--Review hearing--Order.

27B-10-9. Commitment order--Annual review--Report--Review hearing--Order.
The court shall review any commitment order entered pursuant to §27B-10-8 and accompanying information at least annually to make a determination of the continued need and supporting justification for commitment. Prior to the annual review, but not less than thirty days prior to the anniversary date of the commitment order, the facility providing services to the person shall report to the committing court regarding the person's supports, services, or treatment and progress. If the facility is separate from the Department of Human Services, the report must also be served on the department. Following ten days' notice to the person, the person’s attorney, the department, and the facility providing services to the person if separate from the department, the court shall hold a review hearing. The review hearing must include participation by the state's attorney, the department, the facility providing services to the person if separate from the department, and the person's attorney. The rights and procedures applicable during an initial commitment hearing are applicable to a review hearing. A petition pursuant to §27B-10-3 need not be filed. At the conclusion of the review hearing, the court may issue an order of continued commitment or immediately discharge the person from involuntary commitment if the conditions in §27B-10-8 justifying commitment no longer exist.
Source: SL 2023, ch 92, §9.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 10 - Civil Commitment Following Dismissal Of Felony Sex Offense Charge › Section 27B-10-10 - Review hearing--Rights.

27B-10-10. Review hearing--Rights.
The person shall have the same rights and privileges during a review hearing as established under §27B-10-5.
Source: SL 2023, ch 92, §10.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 10 - Civil Commitment Following Dismissal Of Felony Sex Offense Charge › Section 27B-10-11 - Service provider director--Authority to discharge--Basis--Notice--Applicability.

27B-10-11. Service provider director--Authority to discharge--Basis--Notice--Applicability.
The director of the South Dakota Developmental Center, or the director of any other developmental disability community service provider, as applicable, shall discharge any involuntarily committed person if the director determines that the person no longer meets the commitment criteria under §27B-10-8. The director of the discharging entity shall immediately notify the court who issued the commitment order and the state’s attorney who filed the commitment proceeding that the person no longer meets commitment criteria and is being discharged. Nothing in this section precludes any person or the person’s legal representative from subsequently seeking admission to a program on a voluntary basis.
Source: SL 2023, ch 92, §11.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 10 - Civil Commitment Following Dismissal Of Felony Sex Offense Charge › Section 27B-10-12 - Assisting in escape--Violation.

27B-10-12. Assisting in escape--Violation.
The provisions of §27B-7-49 apply to commitments under this chapter.
Source: SL 2023, ch 92, §12.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 10 - Civil Commitment Following Dismissal Of Felony Sex Offense Charge › Section 27B-10-13 - Rights--Person committed--Department.

27B-10-13. Rights--Person committed--Department.
Any other right, responsibility, or authority given to a person committed or the Department of Human Services under this title is applicable to a person committed under this chapter.
Source: SL 2023, ch 92, §13.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-1 - Duties of department--System of social security--Compliance with federal acts--Administration of programs.

28-1-1. Duties of department--System of social security--Compliance with federal acts--Administration of programs.
The Department of Social Services shall provide a system of social security for the people of South Dakota, enable the State of South Dakota to comply with the provisions of the federal Social Security Act and other federal and state enactments relating to social services, accept grants of federal funds for the purposes enumerated in these acts, administer programs for the security and protection of children, youth, families, adults, and the elderly, as authorized by the Legislature, and provide moneys necessary for the purposes of social security.
Source:
SDC 1939, §55.3601; SL 1981, ch 199, §25.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-11 - Assistant attorney general for department--Enforcement of support and public assistance laws--Representation of department.

28-1-11. Assistant attorney general for department--Enforcement of support and public assistance laws--Representation of department.
The attorney general shall appoint an assistant attorney general for the Department of Social Services whose compensation shall be fixed by the attorney general, to be paid from public welfare funds.
Subject to the direction of the attorney general, the assistant attorney general shall supervise the enforcement of all laws pertaining to desertion, nonsupport, recipient fraud, and similar statutes for which a penalty is provided in any case in which public assistance has been granted or applied for under the welfare laws of this state. The assistant attorney general shall cooperate with and assist the several state's attorneys of the State of South Dakota in such actions and proceedings; be the official information agent for the State of South Dakota pursuant to chapter 25-9C; and initiate and prosecute civil and criminal actions on behalf of the Department of Social Services, and appear on behalf of the department in any court in which any action or proceeding is pending involving the welfare of the indigent.
Source:
SL 1963, ch 333; SL 1966, ch 169; SL 2004, ch 167, §12; SL 2015, ch 148, §83.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-12 - Office space and equipment provided for department by county commissioners.

28-1-12. Office space and equipment provided for department by county commissioners.
Upon request of the Department of Social Services, the boards of county commissioners of the several counties of this state may provide and maintain adequate office space and equipment for the department in their respective counties including all of the incidental expenses thereof, except for the salaries and travel expenses of the employees of the department. The boards of county commissioners may make such expenditures as are necessary for such offices out of the county general fund.
Source:
SL 1963, ch 53; SL 1965, ch 29; SL 2004, ch 167, §13.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-18 - Duplication of public assistance prohibited--Temporary assistance for needy families excepted--Exhaustion of other sources of assistance as prerequisite to state and local assistance.

28-1-18. Duplication of public assistance prohibited--Temporary assistance for needy families excepted--Exhaustion of other sources of assistance as prerequisite to state and local assistance.
No person receiving a grant or whose needs are included in a grant under public assistance, as administered by the State of South Dakota, may at the same time receive a grant under any other type of public assistance administered by the State of South Dakota. However, a recipient of one of the other types of assistance may be the payee of a grant of temporary assistance for needy families for the benefit of a child or children under the payee's care. No person is eligible for any assistance or services from the State of South Dakota or its agencies or subdivisions until that person has exhausted all other sources of assistance or services available to the person or for which the person would be eligible if the person applied, including Veteran's Administration benefits, insurance, medical or hospital benefits, third-party liability, U.S. Public Health Services, Bureau of Indian Affairs, Department of Interior, Indian Health Service, or any other government or private entity, or any assistance or services provided by any agency of the United States government to an eligible person or to persons for whom the United States is responsible. Assistance or services under chapter 28-13 are not available sources for the purpose of this section.
Source:
SL 1951, ch 302; SDC Supp 1960, §55.3612-1; SL 1982, ch 213, §2; SL 2004, ch 167, §18.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-24.1 - Procedural rules for contested cases.

28-1-24.1. Procedural rules for contested cases.
The secretary of social services may adopt reasonable and necessary rules governing the procedure and conduct of contested cases. Such rules shall be consistent with the procedure required by chapter 1-26.
Source:
SL 1981, ch 199, §26.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-25 - Protective payment of assistance where recipient incapable.

28-1-25. Protective payment of assistance where recipient incapable.
In cases where recipients of public assistance are wasteful or unable to manage the receipt and disbursement of assistance payments so as to substantially accomplish the purposes for which such assistance is given, the Department of Social Services may protectively pay the same in such manner as to best provide the maintenance of such recipients.
Source:
SL 1966, ch 192.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-28 - Civil action for reimbursement from persons responsible for support.

28-1-28. Civil action for reimbursement from persons responsible for support.
Whenever any payment of public moneys administered by the Department of Social Services has been made to any person who has been granted public aid or assistance, the department may bring a civil action against any person responsible therefor, as provided by law, to recover such moneys as have been paid for support or aid.
Source:
SL 1963, ch 334; SL 2004, ch 167, §19.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-28.1 - Department acceptance and administration of private support contributions--Use.

28-1-28.1. Department acceptance and administration of private support contributions--Use.
The Department of Social Services may accept and administer private support contributions received from responsible relatives and other sources, whether paid pursuant to the voluntary agreement of a contributor, or as provided by a court of competent jurisdiction. Such receipts shall be deposited with the state treasurer and shall be used only for the support, or reimbursement of support advanced, of the individual for whom designated. No money received by the state treasurer pursuant to this section may revert to the general fund of the state.
Source:
SL 2004, ch 167, §40.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-29 - Public assistance records confidential--Exceptions.

28-1-29. Public assistance records confidential--Exceptions.
Any application or record concerning any applicant for, or recipient of, public assistance provided under the laws of this state through the Department of Social Services is confidential except:
(1)For inspection by any person duly authorized by this state or the United States in connection with the person's official duties;
(2)For the purpose of fair hearings as provided by law.
Source:
SDC 1939, §55.3622; SL 1941, ch 311; SL 1953, ch 295, §1; SL 2004, ch 167, §20.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-31 - Adoption and child placement records remain confidential.

28-1-31. Adoption and child placement records remain confidential.
Nothing contained in §28-1-29 may be construed to authorize or require the disclosure of any records of the Department of Social Services pertaining to adoptions or pertaining to children placed in foster homes for adoption or other purposes.
Source:
SDC 1939, §55.3622 as added by SL 1953, ch 295, §1; SL 2004, ch 167, §21.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-32 - Rules governing custody, use and preservation of records--Use in actions involving public officers and employees.

28-1-32. Rules governing custody, use and preservation of records--Use in actions involving public officers and employees.
The department shall, by rules promulgated pursuant to chapter 1-26, establish and enforce reasonable rules governing the custody, use, and preservation of the records, papers, files, and communications of the state and county divisions. The provisions of this section do not prevent the proper use of such records as evidence in civil or criminal actions by or against state or county officers and employees or their sureties involving the use or misuse of public funds or confidential records, or misfeasance or malfeasance in office.
Source:
SL 1941, ch 326, §1; SL 1953, ch 295, §2; SDC Supp 1960, §55.3622-1; SL 2004, ch 167, §22.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-33 - Unauthorized use of public assistance records as misdemeanor.

28-1-33. Unauthorized use of public assistance records as misdemeanor.
It is a Class 2 misdemeanor for any person, except as provided in §§28-1-29 to 28-1-31, inclusive, to solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any information concerning persons applying for or receiving public assistance, directly or indirectly derived from the records, papers, files, or communications of the state or county or subdivision or agency thereof, or acquired in the course of the performance of official duties.
Source:
SL 1941, ch 326, §§2, 3; SL 1953, ch 295, §3; SDC Supp 1960, §§55.3622-2 (1), 55.9935; SDCL, §28-1-35; SL 2004, ch 167, §23.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-34 - Commercial and political use of public assistance records as misdemeanor.

28-1-34. Commercial and political use of public assistance records as misdemeanor.
It is a Class 2 misdemeanor for any person to make use of any lists or names of public assistance recipients for commercial or political purposes.
Source:
SL 1941, ch 326, §§2, 3; SL 1953, ch 295, §3; SDC Supp 1960, §§55.3622-2 (2), 55.9935; SDCL, §28-1-35; SL 2004, ch 167, §24.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-46 - Low-income energy assistance program--Agreements with other public agencies for establishment.

28-1-46. Low-income energy assistance program--Agreements with other public agencies for establishment.
The Department of Social Services may enter into agreements with agencies of the United States and with other public agencies, as defined in subdivision 1-24-1(2), for the purpose of establishing and administering a low-income energy assistance program.
Source:
SL 1981, ch 199, §18.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-48 - Citizens returning from abroad--Agreements with federal agencies for participation.

28-1-48. Citizens returning from abroad--Agreements with federal agencies for participation.
The Department of Social Services may enter into agreements with agencies of the United States for the purpose of participating in the program of temporary assistance for American citizens returned from abroad (P.L. 94-44).
Source:
SL 1981, ch 199, §20.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-49 - Payments to recipients of supplemental security income--Establishment program.

28-1-49. Payments to recipients of supplemental security income--Establishment program.
The Department of Social Services shall establish a program for payment of an optional state supplement to recipients of supplemental security income from the federal government.
Source:
SL 1981, ch 199, §21.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-50 - Rules for administration and operation of programs.

28-1-50. Rules for administration and operation of programs.
The secretary of social services may adopt reasonable and necessary rules for the administration and operation of the programs authorized by §§28-1-46 to 28-1-49, inclusive. Such rules may include the following areas:
(1)Eligibility criteria;
(2)Levels of payment;
(3)Administration, audit requirements, and record keeping; and
(4)Such other standards and requirements as may be necessary for federal financial participation.
Source:
SL 1981, ch 199, §22.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-51 - Rules for protection of confidential information.

28-1-51. Rules for protection of confidential information.
The secretary of social services may adopt reasonable and necessary rules to protect records and confidential information required by statutory law to be held confidential.
Source:
SL 1981, ch 199, §24.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-52 - Fiscal impact of department rules on local government units restricted.

28-1-52. Fiscal impact of department rules on local government units restricted.
The Department of Social Services may not promulgate rules which have a negative fiscal impact on units of local government unless specifically authorized by the Legislature.
Source:
SL 1981, ch 199, §23; SL 2004, ch 167, §36.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-59 - Injury, disease, or death of work activity participant--Eligibility for medical and disability benefits.

28-1-59. Injury, disease, or death of work activity participant--Eligibility for medical and disability benefits.
A recipient of public assistance who incurs permanent partial disability, permanent total disability, death, or disease in the course of participation in a work activity is entitled to the same benefits as are set forth for work related injuries and diseases in Title 62. This provision does not include payment of medical expenses unless those expenses are necessitated by a permanent disability or disease. Eligibility for other public funded medical benefits shall reduce entitlement to medical benefits under this section accordingly. In order to receive the above-referenced disability benefits, a work activity participant must comply with all of the employee notice, reporting, and medical examination requirements set forth in Title 62. The initial report of injury shall be submitted by the work activity participant in writing to the Department of Social Services.
Source:
SL 1982, ch 202, §2A; SL 1997, ch 166, §25.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-60 - Child care services program.

28-1-60. Child care services program.
The Department of Social Services shall establish a program of child care services to assist families with child care services and to aid in the improvement of quality and services for the care of children in day care. The department may assist in the improvement, availability, and quality of day care for children by providing training, education, and advocacy for child care.
Source:
SL 1991, ch 222, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-61 - Adoption of rules for child care services program.

28-1-61. Adoption of rules for child care services program.
The secretary of social services may adopt reasonable and necessary rules pursuant to chapter 1-26 for the administration of the child care services program in the following areas:
(1)Eligibility determination, criteria, and application procedure;
(2)The amount, scope, and duration of child care services and payments;
(3)Fees;
(4)Licensing and registration;
(5)Methods of administration, record keeping, and audit;
(6)Compliance monitoring;
(7)Complaint investigation;
(8)Reporting requirements;
(9)Eligibility criteria and procedures for grants, contracts, and awards to providers of child care services under §28-1-60;
(10)Training, community and provider education, and child advocacy; and
(11)Such other standards and requirements as may be necessary to ensure the efficient operation and administration of the program or as required to qualify for federal funding.
Source:
SL 1991, ch 222, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-64 - Payments by public agencies to adoptive parents with limited means--Costs covered--Rules.

28-1-64. Payments by public agencies to adoptive parents with limited means--Costs covered--Rules.
The provisions of §25-6-13 concerning the parents' financial ability to the contrary notwithstanding, the Department of Social Services or any other public agency may make payments as needed in behalf of a child with special needs after placement for adoption, including the necessary costs of the legal completion of the child's adoption. The department may make these payments if the family has the capability of providing the permanent family relationships needed by the child in all areas except financial, as determined by the department or a licensed child placement agency. It shall also be determined that the needs of the child are beyond the economic ability and resources of the family and that the child would go without adoption except for the acceptance of the child as a member of the adoptive family or that the child would become dependent upon the state for support. Such payments to adoptive parents may include maintenance costs, medical and surgical expenses, and other costs incidental to the care of the child. Payments for maintenance, medical, dental, or hospital care shall terminate on or before the child's twenty-first birthday. The secretary of social services may promulgate reasonable and necessary rules pursuant to chapter 1-26 to implement this section.
Source:
SL 1970, ch 154; SL 1981, ch 199, §43; SL 1990, ch 210; SDCL 28-7-3.1; SL 1997, ch 166, §23; SL 2004, ch 167, §38.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-65 - Child support enforcement unit--Federal money--Enforcement powers.

28-1-65. Child support enforcement unit--Federal money--Enforcement powers.
The Department of Social Services shall establish a child support enforcement unit and may, in accordance with chapter 4-8B, apply for and receive federal funds under the provisions of Title IV-D of the Social Security Act. The department may also enforce the child support obligations for any child who is receiving temporary assistance for needy families or foster care maintenance payments under Title IV-E. The department shall enforce the spousal support obligation for a parent who is living with his or her child if the support obligation has been established for the parent by court order and the child support obligation is being enforced by the department.
Source:
SL 1975, ch 187, §1; SL 1982, ch 208, §1; SL 1986, ch 218, §58; SDCL §28-7-17.1; SL 1997, ch 166, §23; SL 2004, ch 167, §39; SL 2019, ch 127, §8.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-66 - Availability of child support enforcement services--Fees--Payment by responsible parent.

28-1-66. Availability of child support enforcement services--Fees--Payment by responsible parent.
The Department of Social Services shall make child support enforcement services available to an individual not otherwise eligible for those purposes upon application from an individual and payment of a reasonable fee. The department shall promulgate rules pursuant to chapter 1-26 to set the application fee and any fees imposed for collection services. However, the application fee shall be refunded to the applicant by the parent responsible for paying child support payments and the fees imposed for collection services shall be paid by the parent responsible for paying child support payments to the Department of Social Services.
Source:
SL 1975, ch 187, §2; SL 1982, ch 209, §1; SL 1985, ch 226; SDCL 28-7-17.2; SL 1997, ch 166, §23.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-67 - Clearing account for child support enforcement collections.

28-1-67. Clearing account for child support enforcement collections.
The state treasurer, on behalf of the Department of Social Services, with the approval of the Bureau of Finance and Management, shall establish an account or system of accounts in the state treasury for the receipt and disbursement of child support enforcement collections. The department shall pay all moneys due to the federal government, county, or other local governmental units of South Dakota, or other state and local governmental units as well as all moneys due to private persons who are not recipients of aid under the South Dakota Title IV-a plan, and all other collections shall be remitted to the general fund on a quarterly basis, each remittance to be due thirty days after the end of each fiscal quarter.
Source:
SL 1976, ch 166; SL 1977, ch 224; SDCL 28-7-17.4; SL 1997, ch 166, §23.