reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:32 - Services to adoptive families › Section 67:14:32:05.05 - Application denied if criminal record check detects certain crimes

Current through Register Vol. 51, page 10, July 15, 2024
The department shall deny an application and shall notify the applicant
	 of the denial if the criminal record check required under §
									67:14:32:11.01 detects a
	 conviction for any of the following:
(1) A crime that would indicate harmful
  behavior towards children;
(2) A
  crime of violence as defined by SDCL 22-1-2 or a similar statute from another
  state;
(3) A sex crime pursuant to
  SDCL chapters 22-22 or 22-24 A or SDCL 22-22A-3 or similar statutes from
  another state; or
(4) Within the
  preceding five years, a conviction for any other felony.
General Authority:
SDCL 26-4-9.1.
Law Implemented:
SDCL
		26-4-9.1.
Required criminal records checks,
		42 U.S.C. §
												671 (a)(20).
Home study report by licensed child placement agency, Department of
		Social Services, or certified independent social worker required -- Exception
		-- Criminal record check and central registry screening to be included --
		Violation as misdemeanor, SDCL
		25-6-9.1.
Confidentiality of abuse or neglect information -- Violation as
		misdemeanor -- Release to certain parties, SDCL
		26-8A-13.
Information from another state's central registry or national crime
		database to be used only for background check for approval of foster or
		adoptive placement, SDCL
		26-6-14.13.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:32 - Services to adoptive families › Section 67:14:32:08 - General qualifications for adoptive applicants

Current through Register Vol. 51, page 10, July 15, 2024
The general qualifications for an adoptive applicant are as
	 follows:
(1) The applicant is at least
  21 years of age and resides in South Dakota. Verification of age is
  required;
(2) No member of the
  applicant's household 18 years of age or older, other than a child placed in
  the home for foster care, has on record a substantiated report of child abuse
  or neglect;
(3) No member of the
  applicant's household has had a conviction for any of the crimes specified in
  § 67:14:32:05.05;
(4) The
  applicant is capable of providing good care for children;
(5) The applicant has income to meet the
  needs of the applicant's existing family and to support, care, and educate an
  adopted child;
(6) The applicant's
  children, if any, are willing to accept an adopted child as a member of the
  family;
(7) The applicant's family
  composition, needs, and relationships may not adversely affect an adopted
  child; and
(8) The applicant has
  the ability to parent a child, which includes a basic understanding of the
  child's physical and mental or emotional development and the ability to fulfill
  the child's needs. An applicant must have the ability to offer continuing care
  and guidance to a child throughout the stages of the child's development in a
  manner consistent with the social and cultural heritage norms of the child. The
  applicant must be able to continue meeting the needs of the applicant's own
  children, if any. The applicant must display the capacity to provide good care
  for children.
The department may require a psychological evaluation and the
	 submission of medical records if questions arise during the application process
	 regarding the applicant's emotional stability or the emotional stability of
	 another household member.
General Authority:
SDCL 26-4-9.1(1)(3)(4).
Law Implemented:
SDCL
		26-4-9.1(1)(3)(4).
Required criminal records checks,
		42 U.S.C. §
												671 (a)(20).
Home study report by licensed child placement agency, Department of
		Social Services, or certified independent social worker required -- Exception
		-- Criminal record check and central registry screening to be included --
		Violation as misdemeanor, SDCL
		25-6-9.1.
Confidentiality of abuse or neglect information -- Violation as
		misdemeanor -- Release to certain parties, SDCL
		26-8A-13.
Information from another state's central registry or national crime
		database to be used only for background check for approval of foster or
		adoptive placement, SDCL
		26-6-14.13.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:32 - Services to adoptive families › Section 67:14:32:09 - Physical health standards required of applicant and applicant's family

Current through Register Vol. 51, page 10, July 15, 2024
A physical examination is required for each applicant. A physical
	 examination completed within the 12 months preceding the application is
	 acceptable. The applicant may obtain the physical examination forms from the
	 department. The forms must be completed by the attending physician, physician's
	 assistant, or certified nurse practitioner and returned to the department. Each
	 household member must provide a health history, including any history of drug
	 or alcohol abuse or treatment, and must disclose any current mental health or
	 substance abuse issues.
The applicant shall also present evidence to the department that each
	 household member under the age of 18 meets the immunization requirements of the
	 Department of Health. The minimum immunization requirements for a child age
	 four months through six years include: diphtheria, tetanus, and acellular
	 pertussis (DTaP); poliovirus; measles, mumps, and rubella (MMR); and varicella.
	 The minimum immunization requirements for a child age 7 through 18 include:
	 tetanus, diphtheria, and acellular pertussis (Tdap) and meningococcal ACYW
	 (MCV4). Each household member who will be a caregiver of an infant or a child
	 with special medical needs must receive an annual Influenza vaccine and have an
	 up-to-date pertussis (whooping cough) vaccine.
Additional recommended immunizations include: Rotavirus; Haemophilus
	 Influenzae Type b (Hib); Hepatitis A (Hep A); Hepatitis B (Hep B);
	 Pneumococcal, and Influenza.
If questions arise during the adoptive study concerning the applicant's
	 medical condition or the medical condition of another household member,
	 additional medical evaluations may be required.
General Authority:
SDCL
		26-4-9.1(1)(2)(4).
Law Implemented:
SDCL
		26-4-9.1(1)(2)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:32 - Services to adoptive families › Section 67:14:32:10 - Approval or denial of adoption application for children in department custody - Notice

Current through Register Vol. 51, page 10, July 15, 2024
Within 120 days after application, the department shall notify the
	 applicant in writing of the approval or denial. If the application is denied,
	 the department shall inform the applicant of the reasons for the denial. If the
	 applicant disagrees with the department's determination, the applicant may
	 appeal the department's determination by requesting a fair hearing under the
	 provisions of chapter 67:17:02. An adoption application approval does not
	 guarantee adoptive placement of a child with the applicant.
General Authority:
SDCL
		26-4-9.1.
Law Implemented:
SDCL
		26-4-9.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:32 - Services to adoptive families › Section 67:14:32:11 - Closing of application

Current through Register Vol. 51, page 10, July 15, 2024
Individual applications for adoption shall be closed by the department
	 when the applicant voluntarily withdraws an application or the applicant fails
	 or refuses to provide the requested information needed for the adoptive
	 study.
General Authority:
SDCL
		26-4-9.1.
Law Implemented:
SDCL
		26-4-9.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:32 - Services to adoptive families › Section 67:14:32:11.01 - Adoptive study

Current through Register Vol. 51, page 10, July 15, 2024
An adoptive study includes an evaluation of the applicant based on
	 references, personal interviews, screenings against the central registry for
	 substantiated reports of abuse or neglect, a criminal record check, information
	 obtained from at least three character references, and home
	 consultations.
An adoptive study must be updated on an annual basis.
General Authority:
SDCL
		26-4-9.1.
Law Implemented:
SDCL
		26-4-9.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:32 - Services to adoptive families › Section 67:14:32:13 - Termination of adoptive study

Current through Register Vol. 51, page 10, July 15, 2024
An adoptive study may be terminated at any point by mutual decision of
	 the applicant and the department, by the applicant alone, or by the department
	 alone. If the department elects to terminate an adoptive study, the department
	 shall notify the applicant in writing of the termination.
General Authority:
SDCL
		26-4-9.1.
Law Implemented:
SDCL
		26-4-9.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:32 - Services to adoptive families › Section 67:14:32:14 - Children shall be placed in approved adoptive homes

Current through Register Vol. 51, page 10, July 15, 2024
Adoptive homes shall be approved by the department or another agency
	 licensed or authorized to place children in a state where the agency is
	 located. When a child is placed in another state, interstate agreements and
	 court authorizations, as required, shall have been completed.
General Authority:
SDCL
		26-4-9.1.
Law Implemented:
SDCL
		26-4-9.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:32 - Services to adoptive families › Section 67:14:32:15 - Department shall supervise placement

Current through Register Vol. 51, page 10, July 15, 2024
The department shall supervise the placement of a child for adoption
	 and maintain contacts with the adoptive parents and child until the completion
	 of legal adoption.
General Authority:
SDCL
		26-4-9.1.
Law Implemented:
SDCL
		26-4-9.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:32 - Services to adoptive families › Section 67:14:32:16 - Children eligible for placement

Current through Register Vol. 51, page 10, July 15, 2024
Children in or from South Dakota who are or can be made legally free
	 for adoption are eligible for the adoption services of the department. The
	 department may provide services to children from other states or countries upon
	 completion of legal adoption by a family approved for placement by the
	 department or a licensed child placement agency. A child shall be placed as
	 quickly as possible when the child has been legally freed for adoption and when
	 the child's needs indicate that the child can benefit by an adoptive
	 placement.
General Authority:
SDCL
		26-4-9.1.
Law Implemented:
SDCL
		26-4-9.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:32 - Services to adoptive families › Section 67:14:32:17 - Filing of petition

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide notice to the department when filing a
	 petition to adopt a child placed with them by the department. When the
	 department has given legal approval to an applicant to begin legal proceedings
	 for the completion of adoption, the department shall send legal information
	 about the child to the applicant's attorney.
General Authority:
SDCL
		26-4-9.1.
Law Implemented:
SDCL
		26-4-9.1.
Notice to Department of Social Services--Recommendation of
		department-Appearance, SDCL
		25-6-11.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:32 - Services to adoptive families › Section 67:14:32:20 - Confidential information

Current through Register Vol. 51, page 10, July 15, 2024
Information regarding the child, the natural family, and the adoptive
	 family shall be kept confidential. Information concerning adoptive applications
	 shall be held in confidence unless disclosure is authorized by the applicant.
	 Confidentiality is not violated when the department or child placement agency
	 shares with the adoptive parents necessary information about the child and the
	 child's family. However, the child's natural identity and the identity of the
	 child's natural parents shall not be disclosed to persons other than the
	 adoptive parents or their legal representatives. The identity of the adoptive
	 family shall not be shared with the child's natural parent or
	 parents.
General Authority:
SDCL
		26-4-9.1,
		28-1-32.
Law Implemented:
SDCL
		26-4-9.1,
		28-1-31.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:32 - Services to adoptive families › Section 67:14:32:30 - Training and development

Current through Register Vol. 51, page 10, July 15, 2024
Adoptive applicants must complete a 30-hour training course provided by
	 the department. The course includes training in the following areas:
(1) The impact of separation on child
  development;
(2) How attachments
  are formed;
(3) The importance of
  the birth family;
(4) Techniques of
  managing behavior;
(5) Permanency
  planning for children; and
(6)
  Child development.
General Authority:
SDCL
		26-4-9.1.
Law Implemented:
SDCL
		26-4-9.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:32 - Services to adoptive families › Section 67:14:32:31 - Fair hearing

Current through Register Vol. 51, page 10, July 15, 2024
An adoptive applicant is entitled to a fair hearing if the applicant is
	 aggrieved or dissatisfied with any action or inaction on the part of the
	 department which relates to the approval or denial of an adoption application.
	 A fair hearing is conducted under the provisions of chapter
	 67:17:02.
General Authority:
SDCL
		26-4-9.1.
Law Implemented:
SDCL
		26-4-9.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:32 - Services to adoptive families › Section 67:14:32:32 - Reimbursement of home study

Current through Register Vol. 51, page 10, July 15, 2024
The department shall reimburse up to $3,000 for an adoptive home study
	 in accordance with SDCL
	 25-6-9.1. Within 60 days of
	 completion of the home study, the child placement agency or qualified person
	 completing the home study, shall remit a copy of the home study and an invoice
	 for reimbursement.
General Authority:
SDCL
		25-6-9.1
Law Implemented:
SDCL
		25-6-9.1
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:39 - Central registry › Section 67:14:39:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Central registry," the computerized
  information system that provides for the storage and retrieval of information
  concerning parents, guardians, and custodians who have abused or neglected
  children.
General Authority:
SDCL
		26-8A-12.
Law Implemented:
SDCL
		26-8A-12.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:39 - Central registry › Section 67:14:39:02 - Reports - Determination of accuracy of report

Current through Register Vol. 51, page 10, July 15, 2024
A report is the initial account of a suspected case of child abuse or
	 neglect. A report is made to the department by an individual who has reason to
	 suspect that abuse or neglect has occurred.
Based on the report, the department obtains evidence to assess the
	 accuracy of the allegations in the report. The evidence may be supported by the
	 following documentation:
(1) A written
  or electronic statement of the report;
(2) The results of interviews of individuals
  involved in the report as well as others who may have had contact with the
  child;
(3) Prior reports of abuse
  or neglect;
(4) The results of
  medical and psychological examinations;
(5) Physical evidence;
(6) Copies of police reports relating to the
  incident;
(7) Copies of court
  orders and other court records pertinent to the case;
(8) Any other information pertinent to the
  report and resulting investigation; and
(9) A written or electronic statement as to
  whether or not the report was substantiated.
General Authority:
SDCL
		26-8A-12.
Law Implemented:
SDCL
		26-8A-8.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:39 - Central registry › Section 67:14:39:03 - Information placed into central registry

Current through Register Vol. 51, page 10, July 15, 2024
The department shall create a record consisting of the individual's
	 name, together with other identifying information such as the individual's
	 address, date of birth, sex, race, and type of abuse, and shall place the
	 record into the central registry if any of the following occurs:
(1) The department investigates and
  substantiates, by a preponderance of the evidence, a report of abuse or neglect
  involving the individual;
(2) There
  is a court finding of abuse or neglect; or
(3) The individual is found guilty of a crime
  committed against a child, such as child abuse or neglect; sex offenses;
  possession, solicitation, manufacture, or distribution of child pornography;
  incest; murder; manslaughter; contributing to the abuse or neglect of a minor;
  assault; abuse; promoting prostitution of a minor; or indecent exposure. For
  purposes of this subdivision, a crime committed against a child does not
  include those instances in which an individual is found guilty of contributing
  to the delinquency of a minor.
General Authority:
SDCL
		26-8A-12.
Law Implemented:
SDCL
		26-8A-11,
		26-8A-12.
Notice when name is to be placed on central registry, §
											67:14:39:05.
Abused or neglected child defined, SDCL
		26-8A-2.
Sex offenses, SDCL ch 22-22.
Child pornography, SDCL ch 22-24A.
Aggravated incest -- Prohibited sexual contact -- Felony, SDCL
		22-22A-3.
Abuse of or cruelty to minor as felony -- Defense to charge, SDCL
		26-10-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:39 - Central registry › Section 67:14:39:04 - Substantiated reports

Current through Register Vol. 51, page 10, July 15, 2024
The department substantiates a report through an investigation. The
	 investigation may include items such as interviews with the child, the child's
	 parents, and other persons with whom the child may come in contact; an
	 interview with the individual accused of abusing or neglecting the child; a
	 review of a medical and psychological examination; review of prior reports; a
	 review of law enforcement reports; and a review of the physical
	 evidence.
The report is considered substantiated if the department finds that a
	 preponderance of the evidence obtained through the investigation supports the
	 report that abuse or neglect as defined under SDCL
	 26-8A-2 has
	 occurred.
General Authority:
SDCL
		26-8A-12.
Law Implemented:
SDCL
		26-8A-9.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:39 - Central registry › Section 67:14:39:05 - Notice when name is to be placed on central registry

Current through Register Vol. 51, page 10, July 15, 2024
After the department investigates and substantiates a report and at
	 least 30 days before the record is placed on the central registry, the
	 department shall send the individual a written notice. The notice shall inform
	 the individual of the department's intention to place the record on the central
	 registry and provide information on how the individual may refute the accuracy
	 of the information used to substantiate the report through a hearing before the
	 record is placed. The department shall send the notice by first-class,
	 certified mail to the individual's last known address.
The 30-day period begins on the date the individual receives the notice
	 or on the last day the post office attempts delivery of the notice. If the
	 notice is returned to the department with a forwarding address, the department
	 shall forward the notice to the new address and the 30-day period begins as
	 specified in this section. If the 30-day period expires and the individual has
	 not requested a hearing, the department shall place the information into the
	 central registry without further notice to the individual.
If the individual makes a timely request for a hearing, no information
	 concerning the individual may be placed into the central registry until the
	 hearing process is completed and results in a finding that supports the
	 placement of the information into the central registry.
General Authority:
SDCL
		26-8A-12.
Law Implemented:
SDCL
		26-8A-11,
		26-8A-12.
Fair hearings, ch
		67:17:02.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:39 - Central registry › Section 67:14:39:07 - Fair hearing - Burden of proof

Current through Register Vol. 51, page 10, July 15, 2024
The burden of proof for fair hearings conducted under this chapter
	 shall be a preponderance of the evidence.
General Authority:
SDCL
		26-8A-12.
Law Implemented:
SDCL
		26-8A-11.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:39 - Central registry › Section 67:14:39:07.01 - Fair hearing - Release of information

Current through Register Vol. 51, page 10, July 15, 2024
After a fair hearing has been scheduled, the department may release to
	 the subject of the report the part of the department's record that was used to
	 determine whether information concerning the individual should be placed into
	 the central registry.
General Authority:
SDCL
		26-8A-12.
Law Implemented:
SDCL
		26-8A-11,
		26-8A-13(9).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:39 - Central registry › Section 67:14:39:08 - Department actions if fair hearing results in finding for individual

Current through Register Vol. 51, page 10, July 15, 2024
If a fair hearing results in a finding for the individual, the
	 department shall take one of the following actions, as applicable:
(1) If the individual's request is to amend
  information, the department shall correct the inaccurate information;
  or
(2) If the individual's request
  is to remove the record, the department shall remove the record of the
  substantiation and may not place the information into the central
  registry.
General Authority:
SDCL
		26-8A-12.
Law Implemented:
SDCL
		26-8A-11.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:39 - Central registry › Section 67:14:39:09 - Request to remove record from central registry after five years - Limited to individuals having substantiated report or court finding

Current through Register Vol. 51, page 10, July 15, 2024
If a record has been on the central registry for at least five years
	 and placement into the central registry was the result of a substantiated
	 report of child abuse or neglect, a court finding of child abuse or neglect, or
	 because the individual was found guilty of a crime committed against a child,
	 such as contributing to the abuse or neglect of a minor or assault, the
	 individual may ask the department to remove the record from the central
	 registry. The department shall review the request under the provisions of
	 §
									67:14:39:10 or
	 67:14:39:11, as applicable. The
	 individual must prove by a preponderance of the evidence that the record should
	 be removed.
After the department completes its review, the department shall send a
	 written notice to the individual informing the individual of its decision. If
	 the department denies the request, the individual has 30 days to send a written
	 request for a fair hearing contesting the denial to the department. If a fair
	 hearing is held under the provisions of this section, the burden of proof is on
	 the individual.
If a request to remove the record from the central registry is denied,
	 the individual may make a subsequent request to have the record removed when
	 two years have elapsed from the date of the last request and there have been no
	 further reports that resulted in placement of a record concerning the
	 individual on the central registry.
The department may initiate its own review of substantiated reports
	 and, based on the criteria contained in §
									67:14:39:10, remove records from
	 the central registry. If this occurs, the department shall send a written
	 notice to the individual, at the individual's last-known address, informing the
	 individual that the record is being removed.
General Authority:
SDCL
		26-8A-12.
Law Implemented:
SDCL
		26-8A-11.
Certain individuals prohibited from requesting actions under this
		chapter, §
											67:14:39:12.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:39 - Central registry › Section 67:14:39:10 - Review of information for central registry after five years - Substantiation

Current through Register Vol. 51, page 10, July 15, 2024
If a record is on the central registry because of a substantiated
	 report of abuse or neglect, the department shall consider the following
	 information when determining whether to remove the record from the central
	 registry after a period of five years:
(1) The severity of the abuse or
  neglect;
(2) Reports of child abuse
  or neglect that involved the individual before the individual's name was placed
  on the central registry;
(3)
  Reports of child abuse or neglect that involved the individual subsequent to
  the individual's name being placed on the central registry;
(4) Action taken by the individual to
  eliminate the risk that the individual would abuse or neglect a child and the
  impact of that action;
(5)
  Information regarding the individual's current circumstances, as well as the
  circumstances existing at the time of the report; and
(6) Law enforcement records from the last
  five years.
The individual is responsible for providing the documentation required
	 under subdivisions (4), (5), and (6) of this section.
General Authority:
SDCL
		26-8A-12.
Law Implemented:
SDCL
		26-8A-11.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:39 - Central registry › Section 67:14:39:11 - Review of information for central registry after five years - Court finding of child abuse or neglect

Current through Register Vol. 51, page 10, July 15, 2024
If a record is on the central registry because a court determined that
	 the individual abused or neglected a child or because the individual was found
	 guilty of a crime committed against a child, such as contributing to the abuse
	 or neglect of a minor or assault, the department shall consider the following
	 information in determining whether to remove the record from the
	 registry:
(1) The severity of the
  abuse or neglect;
(2) Reports of
  child abuse or neglect that involved the individual before information
  concerning the individual was placed into the central registry;
(3) Reports of child abuse or neglect that
  involved the individual subsequent to the individual's name being placed on the
  central registry;
(4) Action taken
  by the individual to eliminate the risk that the individual would abuse or
  neglect a child and the impact of that action;
(5) Information regarding the individual's
  current circumstances, as well as the circumstances existing at the time of the
  report;
(6) Review of law
  enforcement records from the last five years;
(7) The final court disposition subsequent to
  the court finding under SDCL
  26-8A-2 that resulted in placement
  on the central registry; and
(8)
  Previous court findings under SDCL
  26-8A-2 and the dispositions
  related to those court findings.
The individual must provide to the department the documentation
	 required under subdivisions (4) to (8), inclusive, of this
	 section.
General Authority:
SDCL
		26-8A-12.
Law Implemented:
SDCL
		26-8A-11.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:39 - Central registry › Section 67:14:39:12 - Certain individuals prohibited from requesting actions under this chapter

Current through Register Vol. 51, page 10, July 15, 2024
The following individuals are prohibited from requesting the removal of
	 a record from the central registry under the provisions of this chapter:
(1) An individual convicted of a crime under
  SDCL chapter 22-22 or 22-24 A or SDCL
  22-22A-3 or
  26-10-1, if the victim of the
  crime was a child;
(2) An
  individual who was found guilty of a crime committed against a child, such as
  murder, manslaughter, abuse, promoting prostitution of a minor, or indecent
  exposure; or
(3) An individual who
  is the child's parent, guardian, or custodian, or another person responsible
  for the child's care if the individual or person was found by a court to have
  sexually abused, sexually molested, or sexually exploited a child.
General Authority:
SDCL
		26-8A-12.
Law Implemented:
SDCL
		26-8A-11.
Request to remove information from central registry after five years
		-- Limited to certain individuals, §
											67:14:39:09.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Categorically income eligible," if all
  individuals on the low income energy assistance application receive
  supplemental nutrition assistance benefits, the household is deemed income
  eligible for the low income energy assistance program;
(2) "Department," the Department of Social
  Services;
(3) "ECIP," energy crisis
  intervention program;
(4) "Gross
  income," for non-self-employed households, earned and unearned income before
  deductions; for self-employed households, earned and unearned income less
  business-related expenses except those listed in §
									67:15:01:18.01;
(5) "Independent living arrangement," a
  living situation in which a household does not share heat or living space in
  common with another household or individual residing in the same dwelling unit.
  All household members must be counted when processing the
  application;
(6) "Institution," a
  facility that provides living quarters and services for a particular individual
  or group of individuals, including group homes, nursing homes, higher education
  facilities, facilities administered by the Department of Human Services under
  SDCL 1-36A-1.3, facilities administered
  by the Department of Corrections under SDCL
  1-15-1.4, the South Dakota State
  Veterans' Home administered by the Department of Veterans' Affairs under SDCL
  33A-4-1, community residential
  facilities, community habilitation facilities, residential treatment centers,
  special education units, residential school programs, and adjustment training
  centers;
(7) "LIEAP," low income
  energy assistance program;
(8)
  "Native American household," a household which is located in a county or
  portion of a county served by a tribe and all adult members are Native
  American;
(9) "Primary heating
  source," the main source of heat used by the household;
(10) "Shared living arrangement," a living
  arrangement in which heat or living space is shared by more than one
  individual. All household members must be counted when processing the
  application; and
(11) "WIA," the
  Workforce Investment Act of 1998, Pub. L. 105-220, as amended to July 1, 2013.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
Definitions, §
		67:28:01:01.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:02 - Household composition

Current through Register Vol. 51, page 10, July 15, 2024
A household may be composed of any of the following:
(1) Independent living arrangement;
(2) Shared living arrangement; or
(3) Individuals living alone.
These individuals may not be residents of an institution and must be
	 considered vulnerable according to §
										67:15:01:06.
The individuals referred to in subdivisions (1), (2), and (3) must be
	 self-supporting and independent.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:03 - Application - LIEAP

Current through Register Vol. 51, page 10, July 15, 2024
An individual desiring LIEAP assistance must submit a written, signed
	 application for assistance to the department's Office of Energy
	 Assistance.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:05 - Documentation required

Current through Register Vol. 51, page 10, July 15, 2024
At the time of application, a household shall produce proof of all
	 income, documentation of heating costs, and proof of
	 vulnerability.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:06 - Vulnerable households

Current through Register Vol. 51, page 10, July 15, 2024
Vulnerable households are those households in which the members are
	 responsible for paying their own heating costs directly to an energy supplier
	 or to a landlord as a portion of rent.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:08.01 - Individuals in institutions ineligible

Current through Register Vol. 51, page 10, July 15, 2024
Individuals residing in institutions are not eligible for LIEAP
	 assistance.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:08.03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:09 - Proof of liability for heating expenses

Current through Register Vol. 51, page 10, July 15, 2024
Proof of liability for the heating expenses of a vulnerable household
	 consists of one of the following:
(1)
  A bill or statement from the energy supplier that a household has a heating
  expense account; or
(2) A statement
  from the landlord verifying the amount of the household's rent and the portion
  of rent designated for heating expenses.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
Vulnerable households, §
											67:15:01:06.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:10 - Determining household income

Current through Register Vol. 51, page 10, July 15, 2024
In determining income for a non-self-employed household, the department
	 shall compute the household's income from the three full calendar months
	 immediately prior to the date of application.
In determining household income for a self-employed household, the
	 department shall use the income from the household's most recent tax return. If
	 the household does not qualify due to excess income, the department shall give
	 the household an opportunity to present evidence that there has been a change
	 in the household's circumstances. If the department determines that there has
	 been a change in circumstances, the department shall calculate the
	 self-employment income based on anticipated earnings and not on the basis of
	 prior income.
If a household is determined categorically income eligible, the
	 household is automatically income eligible for LIEAP
	 assistance.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:11 - Determining eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Eligibility for LIEAP or ECIP is based on the household's income, the
	 federal poverty level, and the amount of funding available to meet the needs of
	 the program.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:18 - Income exclusions

Current through Register Vol. 51, page 10, July 15, 2024
In computing a household's income, the department excludes the
	 following:
(1) Earned income of a
  household member who is under the age of 18 or, if still in high school, under
  the age of 19;
(2) Cash which is
  administratively difficult to compute and verify;
(3) Tax refunds, earned income tax credits,
  and advanced earned income tax credits;
(4) Reimbursement for expenses, such as
  medical expenses, mileage incurred in connection with employment, and other
  employment-related expense, incurred by the household;
(5) Payments made to others on behalf of
  household members;
(6) Money
  derived from programs established under Title III or Title V of the Older
  Americans Act of 1965, such as experience works (formerly green thumb), foster
  grandparents, retired senior volunteer programs, older Americans community
  service programs, VISTA program, and senior companion program;
(7) Money borrowed by the
  household;
(8) Educational
  benefits, including grants, scholarships, work study, and loans;
(9) WIA educational and employment training
  expense reimbursements;
(10)
  Insurance settlements replacing personal or real property;
(11) Adoption subsidies received by the
  household;
(12) Deductions from
  social security benefit payments for Medicare;
(13) The portion of a social security
  lump-sum death benefit designated for funeral expenses;
(14) Capital gains;
(15) Proceeds from the sale of a home or
  farm, a liquidation auction, or the sale of property not normally sold in the
  household's regular course of doing business;
(16) One-time payments from a welfare
  agency;
(17) Cash gifts for
  recurring occasions such as birthdays and Christmas;
(18) Earnings from community work experience
  programs, tribal work experience programs, and Job Corps programs;
(19) Money earned from taking the census,
  unless it is the individual's full-time job;
(20) Income used to pay child
  support;
(21) Income withheld by
  other entitlement programs to recover overpayments made to a household member
  by the other program; and
(22)
  Utility allowances.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:18.01 - Income to be included - Self-employed households

Current through Register Vol. 51, page 10, July 15, 2024
In computing the income for self-employed households the department
	 shall include depreciation and any net profit or loss.
In determining the income of a self-employed household member, the
	 department shall consider that the income earned through self-employment is
	 zero if the self-employment income calculations result in a
	 loss
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:19 - Declaration of certain income

Current through Register Vol. 51, page 10, July 15, 2024
Even though a household is unable to produce proof of receipt of funds
	 from child support, alimony, baby-sitting, lease payments from tribal trust
	 land, or income determined unverifiable by the department, the household shall
	 declare this income on the application for assistance.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:20 - Benefit levels

Current through Register Vol. 51, page 10, July 15, 2024
The benefit levels for an eligible household shall be determined by
	 the department based on all of the following:
(1) The household's income level;
(2) The type and average cost of the
  household's primary heating source;
(3) The region of the state in which the
  household resides;
(4) The
  household size; and
(5) The
  availability of program funds.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:35 - Designation of regions

Current through Register Vol. 51, page 10, July 15, 2024
Regions for purposes of determining the payment levels for a household
	 eligible for LIEAP assistance are as follows:
REGION I
REGION II
REGION III
REGION IV
Custer
Butte
Ziebach
Harding
Fall River
Meade
Dewey
Perkins
Shannon
Lawrence
Walworth
Corson
Jackson
Pennington
Edmunds
Campbell
Bennett
Haakon
Potter
McPherson
Jones
Stanley
Faulk
Brown
Mellette
Sully
Spink
Marshall
Todd
Hughes
Roberts
Day
Tripp
Lyman
Grant
Clark
Gregory
Hand
Beadle
Codington
Charles Mix
Buffalo
Kingsbury
Hamlin
Douglas
Jerauld
Hyde
Brookings
Davison
Sanborn
Lake
Deuel
Hutchinson
Brule
Moody
Turner
Aurora
Minnehaha
Lincoln
Hanson
Bon Homme
McCook
Clay
Yankton
Union
Miner
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:36 - Deadline for determining eligibility - LIEAP

Current through Register Vol. 51, page 10, July 15, 2024
The department shall determine LIEAP eligibility within 60 days after
	 the date the application is received.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:37 - Notice to households eligible for LIEAP

Current through Register Vol. 51, page 10, July 15, 2024
If a household is determined eligible for LIEAP assistance, the
	 department shall notify the household in writing of the amount of LIEAP
	 assistance for which the household is eligible.
The notice shall also contain information regarding the household's
	 right to a fair hearing.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
Request for fair hearing, §
											67:15:01:49; Fair hearings, ch
		67:17:02.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:38 - Notice to ineligible LIEAP households

Current through Register Vol. 51, page 10, July 15, 2024
If a household is determined ineligible for LIEAP assistance, the
	 department, within 60 days after the date of application, shall notify the
	 household in writing of the reason for ineligibility.
The notice shall also contain information regarding the household's
	 right to a fair hearing.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
Request for fair hearing, §
											67:15:01:49; Fair hearings, ch
		67:17:02.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:39 - Services to Indian households

Current through Register Vol. 51, page 10, July 15, 2024
Indian households residing in the following counties must apply for
	 assistance to the tribes listed:
COUNTY
TRIBE
Charles Mix
Yankton Sioux
Todd, Tripp, Mellette, Gregory
Rosebud Sioux
Jackson, Oglala Lakota, Bennett
Oglala Sioux
Stanley, Lyman
Lower Brule Sioux
Dewey, Ziebach
Cheyenne Sioux
Corson
Standing Rock Sioux
The department shall deny assistance to Indian households applying
	 through the department but residing in areas served by the tribes. The
	 department shall refer those households to the tribe for assistance.
The department shall serve Indian households residing in other
	 areas.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:40 - Households eligible for direct payments

Current through Register Vol. 51, page 10, July 15, 2024
Households whose primary heating source is wood or coal shall receive
	 their energy payments directly from the department.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
Requirements for energy suppliers, ch
		67:15:02.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:15 - Low income energy assistance › Chapter 67:15:01 - General eligibility requirements › Section 67:15:01:41 - Direct payments to landlord

Current through Register Vol. 51, page 10, July 15, 2024
The department shall make a direct payment to the landlord on behalf
	 of an eligible household if the landlord charges the household rent plus heat
	 and has a signed agreement with the department.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-46.
Requirements for energy suppliers, ch 67:15:02.
Agreement required if rent includes cost of heat, §
		67:15:01:41.01.
Amount of payment to energy supplier or landlord when rent includes
		cost of heat, § 67:15:01:41.02.