South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:18 - Child support enforcement › Chapter 67:18:01 - Child support enforcement program › Section 67:18:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Act" Title IV-D of the Social Security
  Act;
(2) "Aid," or "assistance,"
  the grant amount paid to a family under the TANF program, the foster care
  maintenance payment paid under Title IV-E of the Social Security Act, or the
  temporary assistance to needy families program;
(3) "Amount collected," the amount collected
  by DCS and retained as reimbursement of federal and state aid expenditures in
  the month in which the collection was made or for a previous month in which aid
  was paid or the amount collected and paid to a nonrecipient or a former
  recipient;
(4) "Applicant" and
  "recipient," a caretaker, the children, and any other individual whose
  financial needs are considered by the department in determining the amount of
  aid under SDCL chapter 28-7 A;
(5)
  "Assignment," the transferring to and vesting in the department, by virtue of
  SDCL 28-7A-7 or by written instrument,
  all rights of support from any person payable, whether accrued, pending, or
  continuing, to or on behalf of an applicant for or recipient of aid, or on
  behalf of another family member for whom the applicant or recipient is applying
  for or receiving aid;
(6)
  "Assistance unit," an individual or a group of related recipients within a
  household whose needs are recognized in one assistance grant and whose support
  rights have been assigned to the department under SDCL
  28-7A-7;
(7) "Department," the Department of Social
  Services of the state of South Dakota;
(8) "Family," the children of an obligee and
  an obligor and the obligee, legal guardian, or caretaker who has custody of or
  responsibility for the children for the purpose of distribution of support
  payments;
(9) "Federal parent
  locator service" or "FPLS," a service operated by the federal office of child
  support enforcement to locate noncustodial parents for purposes of support
  enforcement or to locate parents and children in parental kidnapping and child
  custody cases;
(10) "Incentive
  payment," a payment made to a political subdivision in connection with the
  enforcement and collection of support obligations;
(11) "Nonrecipient," a resident parent or
  legal guardian who has legal custody of a child or, in the absence of a custody
  order, a parent who has actual custody of a child not otherwise eligible for or
  receiving assistance from the department;
(12) "DCS," the Division of Child
  Support;
(13) "Power of attorney,"
  an instrument authorizing the department to act on behalf of a nonrecipient to
  enforce and collect a support obligation, whether accrued, pending, or
  continuing, from another person;
(14) "State parent locator service" or
  "SPLS," the service established to identify and locate noncustodial
  parents;
(15) "State plan," the
  state plan for child support enforcement submitted by the Department under
  Title IV-D of the Social Security Act; and
(16) "Support obligation," a financial
  obligation of a person for child or spousal support, whether accrued, pending,
  or continuing, which is vested in the department by a recipient through an
  assignment or SDCL
  28-7A-7 or is granted to the
  department by a nonrecipient through a power of attorney.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-1-66,
		28-7A-3(9).