reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:17 - Office administration › Chapter 67:17:02 - Fair hearings › Section 67:17:02:27 - Final decision by secretary

Current through Register Vol. 51, page 10, July 15, 2024
Based on the transcript or recording of testimony, the exhibits, and
	 the proposed decision, the secretary or a designee shall enter a final decision
	 accepting, rejecting, or modifying the proposed decision. If the hearing
	 involves a food stamp issue, the decision must be mailed to the parties
	 involved within 60 days after the request for the hearing. For all other
	 hearings, the decision must be mailed to the parties involved within 90 days
	 from the date of the request for the hearing.
If a continuance of a hearing is requested and the parties to the
	 action stipulate to the continuance, the time allowed for mailing the final
	 decision is extended for the same number of days for which the continuance is
	 granted.
General Authority:
SDCL
		28-1-24.1.
Law Implemented:
SDCL
		28-1-24.1.
Collateral References:
§ 7120 -- Fair hearing time
		frames; § 7133 -- Household requests for postponements, South Dakota Food
		Stamp Program Certification and Accountability
		Manual.
Tentative or proposed decision served on parties -- Contents --
		Waiver, SDCL
		1-26-24.
Request for a hearing to release name of complainant in
		unsubstantiated investigation, SDCL
		26-8A-11.
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 67:18:01:02 - Administration - Income withholding services

Current through Register Vol. 51, page 10, July 15, 2024
DCS administers the state child support enforcement plan throughout the
	 state. In addition, the department is the agency designated to issue income
	 withholding orders in the state and is the designated agency for accepting and
	 processing requests for income withholding services.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		25-7A-48,
		28-1-65,
		28-1-66,
		28-7A-3(9).
Income withholding, Pub. L. No. 104-193, § 314 (110 Stat. 2212) (August 22,
		1996).
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 67:18:01:04 - General authority of DCS

Current through Register Vol. 51, page 10, July 15, 2024
The general authority of DCS is as follows:
(1) If an assignment is effective for a child
  born out of wedlock, DCS shall establish the paternity of the child;
(2) If an assignment is effective for a
  child, whether born in or out of wedlock, DCS shall secure support for the
  child from any person who is legally liable for support;
(3) Upon application by an individual who is
  not otherwise eligible for aid, DCS shall provide child support collection,
  paternity determination services, SPLS, or FPLS;
(4) DCS shall maintain a state plan in
  conformity with the provisions of the Act;
(5) DCS shall accept and administer funds of
  another public agency or political subdivision which are transferred under
  agreement to carry out the provisions of this article; and
(6) If an assignment is effective for the
  parent caretaker of a child, DCS shall enforce spousal support for the
  caretaker if an obligation has been previously established.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-1-66,
		28-7A-3(9).
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 67:18:01:05 - Specific authority of DCS

Current through Register Vol. 51, page 10, July 15, 2024
DCS may:
(1) Enter into
  cooperative agreements with any other state or local agency or official to
  perform functions under this article;
(2) Purchase services from any attorney,
  person, or private agency to perform functions under this article;
(3) Enter into written agreements for
  cooperative arrangements with courts, law enforcement agencies, or tribal
  councils, including any single official who has the legal authority to enter
  into cooperative agreements on behalf of courts, agencies, or tribal
  governments;
(4) Cooperate with any
  other state in establishing paternity, in locating a noncustodial parent who
  may be present in this state, or in securing compliance by a noncustodial
  parent who is present in this state with an order issued by a court of the
  other state; or
(5) Establish a
  SPLS and accept applications to utilize the federal parent locator service upon
  payment of a fee.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-1-66,
		28-7A-3(9).
Nonrecipient application fee, §
											67:18:01:20.
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 67:18:01:15 - Assignment remains in effect for support furnished by department

Current through Register Vol. 51, page 10, July 15, 2024
An assignment after September 30, 1997, is limited to the support
	 obligation due for the months the family receives assistance. An assignment
	 remains in effect until the unpaid support obligation is fully satisfied or the
	 department is fully reimbursed for the cumulative amount of assistance paid to
	 the family.
General Authority:
SDCL 28-7A-3(9).
Law Implemented:
SDCL 28-1-65,
		28-7A-3(9).
No assistance for families not assigning certain support rights, Pub. L. No. 104-193, § 408(a)(3)(B), 110 Stat . 2135.
No assistance for families not assigning certain support rights,
		42 U.S.C.
		608
		(a)(3).
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 67:18:01:17 - Continued services when individual no longer receives assistance - Notice

Current through Register Vol. 51, page 10, July 15, 2024
When an individual no longer receives Temporary Assistance to Needy
	 Families (TANF), Supplemental Nutrition Assistance Program (SNAP) or Medicaid,
	 the department shall notify the individual of the opportunity to continue
	 receiving enforcement services. The notice shall inform the individual of the
	 benefits and consequences of continuing to receive services, including the
	 available services and the fees that may be imposed, and the cost recovery and
	 distribution policies of the department. The department shall continue to
	 provide enforcement services unless the individual notifies the department that
	 continued services are not desired.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-7A-3(9).
General authority of DCS, §
											67:18:01:04.
Distribution of amounts collected from sources other than federal
		income tax offset, §
											67:18:01:25.
Distribution of amounts collected for foster care maintenance, §
											67:18:01:25.01.
Distribution of IRS federal income tax refund offsets, §
											67:18:01:25.02.
Distribution of IRS federal income tax refund offsets in foster care
		maintenance cases, §
											67:18:01:25.03.
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 67:18:01:17.01 - Provisions for charging fees for continued services for former recipients

Current through Register Vol. 51, page 10, July 15, 2024
The department does not require an application or charge an application
	 fee for continued support enforcement services as long as the former recipient
	 continues to receive the enforcement services. The department considers a
	 former recipient to be a nonrecipient and subject to the fees established in
	 §
									67:18:01:20 if the former
	 recipient declines the department's offer for continued services and then makes
	 a subsequent request for services or if the continued services were terminated
	 for any of the reasons specified in §
									67:18:01:19 and then makes a
	 subsequent request for services.
General Authority:
SDCL
		28-1-66,
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-1-66,
		28-7A-3(9).
Nonrecipient application fees, §
											67:18:01:20.
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 67:18:01:17.02 - Availability of enforcement services for individual not receiving assistance - Power of attorney

Current through Register Vol. 51, page 10, July 15, 2024
The department may provide enforcement services on behalf of an
	 individual who is not receiving assistance. The department shall inform the
	 individual in writing of the individual's rights and responsibilities, the
	 services available, the application fee for the services, the conditions under
	 which the power of attorney may terminate, and the conditions for submittal of
	 arrearages for offset of federal tax refunds. If the individual wishes to take
	 advantage of these services, the individual must pay the application fee and
	 sign a power of attorney authorizing the department to act on the individual's
	 behalf.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-66,
		28-7A-3(9).
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 67:18:01:17.03 - Enforcement services for families eligible for Medicaid

Current through Register Vol. 51, page 10, July 15, 2024
Thedepartment shall provide enforcement services to low-income families
	 eligible for Medicaid under the provisions of article 67:16 without requiring
	 an application or payment of an application fee.
General Authority:
SDCL 28-7A-3(9).
Law Implemented:
SDCL 28-1-66,
		28-7A-3(9).
Continuation of child support enforcement services to families no
		longer receiving ADC, Pub.L. No. 100-203, § 9141 (101 Stat. 1330).
State obligation to provide child support enforcement services, Pub. L. No. 104-193, § 301 (a)(4), 110 Stat . 2199.
State plan for child and spousal support,
		42 U.S.C. §
												654 (4)(A)(i).
Services to individuals,
		45 C.F.R. §
												302.33
		(a).
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 67:18:01:19.01 - Request to reopen closed case

Current through Register Vol. 51, page 10, July 15, 2024
A former recipient or nonrecipient may request that the department
	 reopen a case closed under the provisions of §
									67:18:01:19. The department shall
	 reopen the case if the appropriate application fee is paid and if changed
	 circumstances could lead to the establishment of paternity, establishment of a
	 support order, or the enforcement of a support order.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-66,
		28-7A-3(9).
Provisions for charging fees, §
											67:18:01:17.01; Nonrecipient
		applicant fees, §
											67:18:01:20.
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 67:18:01:20 - Nonrecipient application fees

Current through Register Vol. 51, page 10, July 15, 2024
Upon execution of a power of attorney the following application fees
	 shall be collected from a nonrecipient who applies for the following
	 services:
(1) For child and spousal
  enforcement support services, $5;
(2) For locator services in child custody or
  parental kidnapping cases, $50; if no social security account number is
  furnished, $54;
(3) For parent
  locator services only, $20; and
(4)
  For income withholding services only, $25.
The fee is the noncustodial parent's obligation and shall be refunded
	 to the nonrecipient when it is collected from the noncustodial
	 parent.
General Authority:
SDCL
		28-1-66,
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-66,
		28-7A-3(9).
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 67:18:01:20.01 - Department subject to annual fee

Current through Register Vol. 51, page 10, July 15, 2024
Pursuant to the provisions of Pub. L. 115-123, as amended to July 1, 2019, the department is subject to an
	 annual fee when the amount of child support collected on behalf of and
	 distributed to an individual who has never received TANF assistance meets the
	 fee imposing requirements in 42 U.S.C.
	 654(6)(B)(ii), as amended to
	 July 1, 2019. The fee may not be recovered from the individual.
The federal government considers this fee to be income to the program
	 and is not considered an administrative cost.
General Authority:
SDCL
		28-1-66.
Law Implemented:
SDCL
		28-1-65.
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 67:18:01:22 - Requests for use of federal parent locator service

Current through Register Vol. 51, page 10, July 15, 2024
The department shall accept requests for use of the federal parent
	 locator service from the following:
(1) A resident parent, legal guardian,
  attorney, or agent of a nonrecipient child, if the application fee in
  subdivision 67:18:01:20(1) or 67:18:01:20(3) is paid in advance;
(2) A state or political subdivision seeking
  to collect child support obligations;
(3) A court which has the authority to issue
  an order against a noncustodial parent for the support of a child or an agency
  or official of that court;
(4) A
  court, or its agent, which has jurisdiction for making or enforcing a
  determination of child custody, if the application fee in subdivision
  67:18:01:20(2) is paid in advance;
(5) An agent or attorney of this state who
  has the authority to enforce a child custody determination, if the application
  fee in subdivision 67:18:01:20(2) is paid in advance; or
(6) An agent or attorney of the United States
  or any state who has the authority to investigate, enforce, or prosecute an
  action for the unlawful taking or restraint of a child, if the application fee
  in subdivision 67:18:01:20(2) is paid in advance.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-1-66,
		28-7A-3(9).
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 67:18:01:25 - Distribution of amounts collected from sources other than federal income tax offset

Current through Register Vol. 51, page 10, July 15, 2024
A support collection received from a source other than a federal income
	 tax offset shall be distributed as follows:
(1) For a family currently receiving
  assistance, the department shall retain the amount of unpaid support obligation
  accrued under an assignment or the amount necessary to reimburse the department
  for the cumulative amount of unreimbursed assistance paid to the family,
  whichever is less. The department shall distribute any remaining amount to the
  family;
(2) For a family that no
  longer receives assistance and has an assignment effective after September 30,
  1997, distribution shall be made in the following order:
(a) The department shall distribute to the
  family the amount collected which represents the current month's required
  support obligation;
(b) The
  department shall distribute to the family any remaining amount to satisfy
  arrearages that accumulated during the months the family did not receive
  assistance;
(c) The department
  shall retain any remaining amount as reimbursement of arrearages accrued under
  the assignment up to the cumulative amount of unreimbursed assistance paid to
  the family; and
(d) The department
  shall distribute any remaining amount to the family; and
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 67:18:01:25.01 - Distribution of amounts collected for foster care maintenance

Current through Register Vol. 51, page 10, July 15, 2024
If the department collects child support on behalf of a child for whom
	 the department is making a Title IV-E foster care maintenance payment, the
	 department shall retain the amount collected until the unpaid support
	 obligation is fully paid or the department is fully reimbursed for any
	 assistance paid, whichever is less. If the amount collected is more than the
	 amount required to be retained, the department shall pay the excess to the
	 Title IV-E office to be used for the child's benefit.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		25-7A-44,
		28-7A-3(9),
		28-7A-7.
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 67:18:01:25.02 - Distribution of IRS federal income tax refund offsets

Current through Register Vol. 51, page 10, July 15, 2024
A support collection received by the department as a result of a
	 federal income tax refund offset shall be distributed as follows:
(1) For a family currently receiving
  assistance, the department shall retain up to the amount of unpaid support
  obligation accrued under an assignment or the amount necessary to reimburse the
  department for the cumulative amount of unreimbursed assistance paid to the
  family, whichever is less. Any remaining amount shall be paid to the
  family;
(2) For a family that no
  longer receives assistance, the department shall retain amounts which represent
  unpaid support that accrued under an assignment up to the amount necessary to
  reimburse the department for the cumulative amount of unreimbursed assistance
  paid to the family. Any amount remaining shall be paid to the family;
  and
(3) For a family that has never
  received assistance, the department shall distribute the collection to the
  family.
If the amount collected through the tax refund offset is based on a
	 joint return, the department may delay distribution of the collection to the
	 applicant or recipient until notified that the unobligated spouse's share of
	 the refund has been paid or up to six months from the date the offset was paid
	 to the department, whichever is earlier.
If the amount collected through the tax refund offset exceeds the
	 amount of the unpaid support obligation, the department shall refund the excess
	 to the absent parent or to the parties filing a joint return within 45 days
	 after it is collected.
General Authority:
SDCL 28-7A-3(9).
Law Implemented:
SDCL 25-7A-44, 28-1-65, 28-1-66,
		28-7A-3(9).
Distribution of support collected, Pub. L. No. 104-193, § 302, 110 Stat .2200.
Distribution of collected support,
		42 U.S.C. §
												657.
Collection of past-due support from federal tax refunds,
		42 U.S.C. §
												664.
Request for collection of past-due support by federal tax refund
		offset -- Distribution of collections,
		45 C.F.R. §
												303.72
		(h).
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 67:18:01:25.03 - Distribution of IRS federal income tax refund offsets in foster care maintenance cases

Current through Register Vol. 51, page 10, July 15, 2024
The department shall distribute collections received as a result of IRS
	 federal income tax refund offsets to satisfy past-due support in foster care
	 maintenance cases according to §
									67:18:01:25.01.
If the amount collected through the tax refund offset exceeds the
	 amount of past-due support, the department shall pay the excess to the
	 noncustodial parent or to the parties filing a joint return within 45 days
	 after it is collected.
If amounts are collected from the tax refund offset of the parent's
	 federal income tax refund and the refund is based on a joint return, the
	 department may delay distribution of the collection to the applicant or
	 recipient until notified that the unobligated spouse's share of the refund has
	 been paid or up to six months from the offset, whichever is
	 earlier.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		25-7A-44,
		28-7A-3(9).
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 67:18:01:28 - Date of collection designated

Current through Register Vol. 51, page 10, July 15, 2024
The date of collection is the date the department receives the
	 collection.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-1-66,
		28-7A-3(9).
Date of collection of support, Pub. L. No. 105-33, § 5549, 111 Stat . 633, August 5,
		1997.
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 67:18:01:30 - DCS report to Division of Economic Assistance

Current through Register Vol. 51, page 10, July 15, 2024
After the end of each month, DCS shall report to the Division of
	 Economic Assistance the amount collected on a noncustodial parent's required
	 child or spousal support obligation for that month so the recipient's
	 eligibility for assistance may be redetermined.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-7A-3(9).
Discharge of the support obligation, §
		67:18:01:07.
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 67:18:01:33 - Prepayment of future support obligations

Current through Register Vol. 51, page 10, July 15, 2024
Any collections of required support obligations which have been
	 specifically designated by the noncustodial parent as support obligations for
	 future months shall be applied to those future months as long as all amounts
	 due and payable for the current month and all past months have been fully
	 satisfied.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-1-66,
		28-7A-3(9).
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 67:18:01:34 - Incentive payments

Current through Register Vol. 51, page 10, July 15, 2024
The department may not pay any incentive payments in connection with
	 the enforcement and collection of support obligations.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-1-66,
		28-7A-3(9).
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 67:18:01:38 - Intergovernmental collections

Current through Register Vol. 51, page 10, July 15, 2024
Within two business days after collection, the department shall pay the
	 appropriate agency in another state the entire amount collected on behalf of
	 the other state, a political subdivision of the other state, or an individual
	 living in the other state. The payment shall include a statement which
	 indicates the date the payment was received in South Dakota.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		25-7A-44,
		28-1-65,
		28-1-66,
		28-7A-3(9).
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 67:18:01:44 - Cooperative agreements

Current through Register Vol. 51, page 10, July 15, 2024
Cooperative agreements may include provisions which relate to items
	 such as the following:
(1)
  Safeguarding information furnished;
(2) Restricting the use of any information
  disclosed to purposes directly related to their official duties;
(3) Maintaining records and audit documents
  in the form and containing the information the department may
  require;
(4) Forwarding any
  collections to the department no later than ten days after the date of receipt;
  and
(5) Conformity to any federal
  or state laws enacted and regulations promulgated in connection with the child
  support enforcement program.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-1-66,
		28-7A-3(9).
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 67:18:01:47 - Enforcement of support obligations

Current through Register Vol. 51, page 10, July 15, 2024
The department shall identify, within 30 days after the obligation was
	 due, those individuals who have failed to comply with and pay any support
	 obligation and shall contact those delinquent individuals as soon as possible
	 to enforce the support obligation.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-1-66,
		28-7A-3(9).
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 67:18:01:48 - Priority on current obligation. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		25-7A-35,
		25-7A-44,
		28-1-65,
		28-1-66,
		28-7A-3(9).
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 67:18:01:49 - Methods of enforcement of support obligation

Current through Register Vol. 51, page 10, July 15, 2024
The department may use methods such as the following to enforce
	 delinquent support obligations:
(1)
  Issuing delinquency notices;
(2)
  Making a personal contact;
(3)
  Instituting contempt proceedings in a court within this state;
(4) Instituting other legal procedures
  authorized under the laws of the state, including the attachment of or the
  imposition of liens on real or personal property;
(5) Instituting proceedings in the courts of
  the United States;
(6) Certifying
  delinquent obligations to the United States Treasury for collection;
(7) Offsetting past-due support obligations
  against federal tax refunds;
(8)
  Withholding unemployment compensation from the noncustodial parent through
  offset, agreement, or legal process;
(9) Establishing and enforcing provisions
  requiring the noncustodial parent to provide insurance coverage for the
  noncustodial parent's children; or
(10) Notifying the federal government of
  delinquent support obligations for denial, revocation, or limitation of
  passports.
General Authority:
SDCL 28-7A-3(9).
Law Implemented:
SDCL 25-7A-56.10, 28-1-65, 28-1-66,
		28-7A-3(9), 28-20-1.
Pub. L. No. 97-35, §§ 2331 and 2335.
Denial of passports, Pub. L. No. 104-193, § 370 (110 Stat. 2251) (August 22, 1996).
Denial of passports, Pub. L. 109-171, § 7303, 42 U.S.C. §
												652(k)(1).
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 67:18:01:49.01 - Guidelines for imposition of liens

Current through Register Vol. 51, page 10, July 15, 2024
The filing of a lien by the department for overdue support obligations
	 on the real or personal property of a noncustodial parent in this state is not
	 required in the following instances:
(1) A judgment has been entered and
  filed;
(2) The property is exempt
  from execution;
(3) The overdue
  support obligation is being enforced by withholding of income or another
  remedy;
(4) The overdue support
  obligation is being paid under the terms of a court or administrative
  order;
(5) The noncustodial parent
  has no property on which a lien may be attached; or
(6) The noncustodial parent has posted a bond
  or other security.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		25-7-6.20,
		28-1-65,
		28-1-66,
		28-7A-3(9),
		28-20-1.
Liens, Pub. L. No. 104-193, § 368 (110 Stat. 2251) (August 22,
		1996).
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 67:18:01:49.02 - Guidelines for posting of bond or other security

Current through Register Vol. 51, page 10, July 15, 2024
The posting of a bond or security to secure the payment of overdue
	 support obligations of an absent parent is not required in the following
	 instances:
(1) The amount of the
  overdue support obligation is less than $1,000;
(2) The absent parent is unemployed or
  unemployable;
(3) The absent parent
  has no assets subject to execution;
(4) The overdue support obligation is being
  paid according to the terms of a court or administrative order;
(5) The overdue support obligation is being
  enforced by withholding of income or by another remedy; or
(6) A judgment or lien has been filed.
If posting of a bond is not possible, other forms of security or
	 guarantee may be used, such as an escrow account, impoundment of assets, cash
	 bond, letter of credit, promissory note, cosigner, trust, receivership, blocked
	 bank account, or life or disability insurance.
When a bond or other security is required, the department shall give
	 the absent parent 10 days written notice. An absent parent wishing to contest
	 this requirement must request an administrative hearing within this 10-day
	 period. Hearings shall be conducted according to chapter
	 67:17:02.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		25-7-26.1,
		28-1-65,
		28-1-66,
		28-7A-3(9).
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 67:18:01:49.03 - Furnishing information to consumer reporting agencies

Current through Register Vol. 51, page 10, July 15, 2024
The department shall furnish overdue child support information to
	 consumer reporting agencies or credit bureaus. The department shall give the
	 absent parent written notice before information is released. The notice
	 advising the absent parent that the past-due support may be reported to the
	 credit bureau may be included as part of the preoffset notice of the federal
	 tax refund offset program or may be mailed to the absent parent as a separate
	 form of notice. An absent parent who wishes to contest the accuracy of the
	 information to be released must request an administrative review before the
	 date specified in the notice. If the department receives the request within the
	 time specified in the notice, the absent parent has 15 calendar days to submit
	 written documentation for review by the department. The 15-day period starts
	 with the date the department receives the request for the administrative
	 review. Based on the review of the documentation submitted, the department
	 shall enter a decision establishing the amount of past due support that may be
	 furnished to a consumer reporting agency or credit bureau. The absent parent
	 may appeal the review decision by submitting a written request for a fair
	 hearing within ten days after receiving a copy of the review
	 decision.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-1-66,
		28-1-69,
		28-7A-3(9).
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 67:18:01:50 - Notice of failure to cooperate

Current through Register Vol. 51, page 10, July 15, 2024
When an applicant or recipient fails to cooperate with DCS, DCS shall
	 promptly notify the Division of Economic Assistance for appropriate action by
	 that office.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-7A-3(9),
		28-7A-6.
Good cause, §§
											67:10:01:27 to
		67:10:01:34,
		inclusive.
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 67:18:01:51 - Failure to cooperate

Current through Register Vol. 51, page 10, July 15, 2024
Failure of the applicant or recipient to cooperate means any one of the
	 following:
(1) A refusal, upon
  request, to furnish all applicable verbal or written information available to,
  or later acquired by, the applicant or recipient in connection with the
  applicant or recipient, the applicant's or recipient's child who has yet to
  reach the age of majority, or any person liable for the support of the child.
  Information includes items such as the following:
(a) Identification of the noncustodial parent
  or other persons liable for support of the minor child;
(b) Disclosure of the current whereabouts of
  the noncustodial parent or other persons;
(c) Information which establishes the extent
  of the support obligation whether accrued, pending, or continuing;
  and
(d) Identification of other
  sources of information, such as relatives and employers of the noncustodial
  parent, who may have knowledge of facts relevant to establishing paternity,
  locating the noncustodial parent, or establishing or enforcing the support
  obligation;
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 67:18:01:55 - Notice of claim of good cause

Current through Register Vol. 51, page 10, July 15, 2024
Upon receiving notice from the Division of Economic Assistance that an
	 applicant or recipient has claimed good cause for not cooperating, DCS shall
	 suspend child support enforcement activities until further notified by the
	 Division of Economic Assistance of a final determination of the claim of good
	 cause.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-7A-3(9).
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 67:18:01:56 - Effect of determination of good cause

Current through Register Vol. 51, page 10, July 15, 2024
DCS may not undertake to establish paternity or secure child support
	 in any case in which the Division of Economic Assistance has determined that an
	 applicant or recipient has good cause for refusing to cooperate, unless the
	 Division of Economic Assistance further determines that child support
	 enforcement activities may proceed without the participation or cooperation of
	 the caretaker.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-1-66,
		28-7A-3(9).
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 67:18:01:58.01 - Administrative review of withholding action

Current through Register Vol. 51, page 10, July 15, 2024
An individual contesting a withholding order under the provisions of
	 SDCL 25-7A-26 has ten days after
	 petitioning the department to provide documentation to the department which
	 substantiates the petition.
If the petition meets the requirements of SDCL
	 25-7A-26 and the supporting
	 documentation is received on time, the department shall conduct an
	 administrative review of the proposed withholding action. The department may
	 modify, suspend, or terminate the order for withholding as provided under SDCL
	 25-7A-38.
The department shall deny a petition if the petition does not meet the
	 requirements of SDCL
	 25-7A-26 or if the supporting
	 documentation is not received on time.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-1-66,
		28-7A-3(9).
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 67:18:01:58.02 - Right to fair hearing following review of petition to stay withholding

Current through Register Vol. 51, page 10, July 15, 2024
The decision entered as a result of the administrative review under
	 § 67:18:01:58.01 may be appealed through the department's fair hearing
	 process. The noncustodial parent must request the fair hearing within 10 days
	 after the review decision is entered. An order for withholding may not be
	 stayed pending the fair hearing.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		1-26-16,
		28-7A-3(9).
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 67:18:01:58.03 - Administrative review - Lottery setoff

Current through Register Vol. 51, page 10, July 15, 2024
If an individual submits a timely request to the department for an
	 administrative review of a lottery setoff, the individual has 10 calendar days
	 from the date the request is submitted to provide documentation to the
	 department that supports the individual's position. Based on the review, the
	 department shall enter a written decision as to whether the lottery setoff was
	 appropriate. The department shall send a copy of the written decision to the
	 individual together with an explanation of the individual's right to and
	 procedures for requesting a fair hearing. The individual must request a fair
	 hearing within 10 calendar days after receiving a copy of the department's
	 written decision.
General Authority:
SDCL
		28-7A-3(7),
		42-7A-52.
Law Implemented:
SDCL
		28-7A-3(7),
		42-7A-52.
Lottery setoff program established -- Computerized file of persons
		owing state, SDCL
		42-7A-51; Apportionment of prize
		among agencies -- Priority of child support payments, SDCL
		42-7A-54.
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 67:18:01:59 - Allocation of obligation to each child

Current through Register Vol. 51, page 10, July 15, 2024
For record keeping purposes, the department shall allocate a
	 proportionate share of the required support obligation of a noncustodial parent
	 to each child in accordance with the order for support.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		25-7A-44,
		28-1-65,
		28-1-66,
		28-7A-3(9).
Notice of collection of assigned support, §
											67:18:01:60.
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 67:18:01:60 - Notice of collection of assigned support

Current through Register Vol. 51, page 10, July 15, 2024
Each month the department shall send a written report to recipients
	 informing them of the amount of support collected from the noncustodial parent
	 or parents and the amount the department paid to the family during the
	 preceding calendar month.
Each month the department shall send a written report to former
	 recipients entitled to continued enforcement services under §§
									67:18:01:17 and
	 67:18:01:17.01 informing them of
	 collections made on arrearages due the department.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		28-1-65,
		28-1-66,
		28-7A-3(9).
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 67:18:01:61 - Notice to noncustodial parent before restricting issuance of license, registration, certification, or permit

Current through Register Vol. 51, page 10, July 15, 2024
The department shall send a written notice to an individual who has
	 child support arrearages of $1,000 or more. The notice shall inform the
	 individual that because of the arrearages, the issuance or renewal of the
	 individual's driver's, professional, sporting, or recreational license,
	 registration, certification, or permit is subject to restriction. The
	 department shall mail the notice by first class mail to the individual's last
	 known address and shall notify the appropriate department or agency.
When the individual has a written, signed agreement with the department
	 for the payment of accumulated arrearages, the department shall notify the
	 appropriate department or agency that it may issue or renew the license,
	 registration, certification, or permit. If the individual fails to comply with
	 the repayment agreement, the department may either restrict the individual's
	 ability to obtain or renew a driver's, professional, sporting, or recreational
	 license, registration, certification, or permit; or seek revocation of the
	 license, registration, certification, or permit.
General Authority:
SDCL
		25-7A-56,
		32-12-116.
Law Implemented:
SDCL
		25-7A-56,
		25-7A-56.1,
		32-12-116.
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 67:18:01:62 - Administrative review and fair hearing before restricting issuance of license, registration, certification, or permit

Current through Register Vol. 51, page 10, July 15, 2024
Following receipt of the notice referred to in §
									67:18:01:61, an individual may
	 contest the accuracy of the amount of child support arrearages or other
	 information contained in the notice by requesting an administrative review
	 within 15 calendar days of the date of the notice. If the department receives
	 the request within the time specified, the individual has 10 calendar days to
	 submit written documentation for review by the department. Based on the review,
	 the department shall enter a decision and a determination whether the
	 department shall recommend that the issuance or renewal of the individual's
	 driver's, professional, sporting, or recreational license, registration,
	 certification, or permit be restricted. The individual may appeal the review
	 decision by submitting a written request for a fair hearing within 10 calendar
	 days after receiving a copy of the review decision.
General Authority:
SDCL
		25-7A-56,
		32-12-116.
Law Implemented:
SDCL
		25-7A-56,
		32-12-116.
Fair hearings, ch
		67:17:02.
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 67:18:01:63 - Payment of costs for obtaining affidavit of paternity

Current through Register Vol. 51, page 10, July 15, 2024
The department shall reimburse a hospital, physician, health care
	 provider, midwife, or nurse the sum of $20 for all costs associated with
	 obtaining an affidavit of paternity and submitting the affidavit to the
	 Department of Health.
To obtain reimbursement, the hospital, physician, health care provider,
	 midwife, or nurse must complete a reimbursement request form which is available
	 from the department and send the reimbursement request form together with the
	 affidavit of paternity to the Department of Health.
General Authority:
SDCL
		25-8-53,
		28-7A-3(9).
Law Implemented:
SDCL
		25-8-53,
		28-1-65,
		28-1-66,
		28-7A-3(9).
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 67:18:01:65 - Certain distributions limited to parent, legal guardian, or caretaker

Current through Register Vol. 51, page 10, July 15, 2024
When distributing collections to a family under this chapter,
	 distribution is limited to the resident parent, legal guardian, caretaker
	 relative having custody of or responsibility for the child or children,
	 judicially-appointed conservator with a legal and fiduciary duty to the
	 custodial parent and the child, or alternate caretaker designated in a record
	 by the custodial parent on whose behalf the collection was made. An alternate
	 caretaker is a nonrelative caretaker who is designated in a record by the
	 custodial parent to take care of the children for a temporary time
	 period.
General Authority:
SDCL 28-7A-3(9).
Law Implemented:
SDCL 25-7A-3.2,
		28-1-65.
Payments to the family,
		45 C.F.R. §
												302.38.
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 67:18:01:67 - State directory of new hires - Reporting requirements

Current through Register Vol. 51, page 10, July 15, 2024
Every employer within the state shall furnish to the state directory of
	 new hires a report of any newly hired employee. The report must include the
	 name, address, date of hire, and social security number of the employee, as
	 well as the employer's name, address, and identification number as assigned by
	 the Internal Revenue Service. The report shall be submitted as specified in
	 SDCL 25-7A-3.3.
General Authority:
SDCL
		28-7A-3(9).
Law Implemented:
SDCL
		25-7A-3.3
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:22 - Auxiliary placement program › Chapter 67:22:01 - Auxiliary placement program › Section 67:22:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Auxiliary placement program," the
  program that reimburses educational expenses for eligible youth in residential
  placement;
(2) "Community support
  provider," a nonprofit facility as defined in SDCL subdivision
  27B-1-17(4);
(3) "Department," the
  Department of Social Services;
(4)
  "Independent living preparation program," "ILPP," a facility as defined in
  §
									67:42:13:01;
(5) "Intensive residential treatment center,"
  "IRTC," a program as defined in §
									67:42:15:01;
(6) "Group care center," a facility as
  defined in §
									67:42:07:01;
(7) "Residential treatment center," a
  facility as defined in §
									67:42:08:01; and
(8) "Youth," an individual under the age of
  21.
General Authority:
SDCL
		13-28-39.
Law Implemented:
SDCL
		13-28-39.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:22 - Auxiliary placement program › Chapter 67:22:01 - Auxiliary placement program › Section 67:22:01:02 - Eligibility requirements

Current through Register Vol. 51, page 10, July 15, 2024
A youth's educational expenses are eligible for payment by the
	 Auxiliary Placement Program if that youth is a South Dakota resident and one of
	 the following conditions exists:
(1)
  The youth is in the legal custody of the department or under the placement,
  care, and supervision of the department;
(2) The youth has been committed to the
  Department of Corrections;
(3) The
  youth is in the legal custody of tribal court with placement, or supervision
  placed with a Tribal or BIA agency that deals with the welfare of children and
  meets one of the following requirements:
(a)
  The youth was most recently enrolled in a public school prior to placement in a
  residential treatment center or group care center; or
(b) The youth has been determined to be
  eligible for assistance under Title IV-E of the Social Security Act, as amended
  to July 1, 2017, on admission; or