reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:01 - General provisions › Section 67:55:01:06 - Payment not allowed if victim's conduct contributed substantially to victim's injury or death

Current through Register Vol. 51, page 10, July 15, 2024
Payment is not allowed if the victim's conduct contributed
	 substantially to the victim's injury or death. When determining whether
	 substantial contributory conduct exists, the department shall consider the
	 victim's account of the crime, law enforcement reports, court transcripts and
	 statements, and observations of witnesses.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-25,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:01 - General provisions › Section 67:55:01:07 - Good cause criteria for failing to apply within one year

Current through Register Vol. 51, page 10, July 15, 2024
When determining whether good cause exists for failing to apply for
	 assistance within one year, the department shall consider the following:
(1) The claimant's age;
(2) The claimant's physical and psychological
  condition;
(3) Evidence such as
  medical records or verifiable reports from other third parties that
  substantiate the claimant's health or safety would have been jeopardized if the
  crime had been reported in a timely manner;
(4) Evidence that substantiates the claimant
  was not aware of this program. Evidence may consist of a written statement from
  the claimant that contains information as to how and when the claimant became
  aware of the program; and
(5)
  Evidence that substantiates the claimant thought the bills would be paid by a
  collateral source. Evidence may consist of a copy of a written notice or letter
  of denial concerning payment of the bill by the collateral source.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-25,
		23A-28B-40.
Definition of collateral source, SDCL
		23A-28B-22.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:01 - General provisions › Section 67:55:01:08 - Cooperation with law enforcement

Current through Register Vol. 51, page 10, July 15, 2024
The department shall consider the following when determining whether
	 the claimant cooperated with law enforcement:
(1) Whether the claimant cooperated in both
  the investigation and prosecution of the crime; and
(2) Whether the claimant made an effort to
  comply with the requests from law enforcement personnel, including giving a
  statement to police, submitting to one or more follow-up interviews by police,
  submitting requested evidence, agreeing to testify, viewing photographs or a
  line-up of suspects, meeting with prosecutors, and appearing for court
  proceedings.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-25,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:01 - General provisions › Section 67:55:01:09 - Eligibility if South Dakota resident victim of crime in another jurisdiction

Current through Register Vol. 51, page 10, July 15, 2024
If a resident of South Dakota is a victim of a crime that occurred in
	 another jurisdiction outside the state of South Dakota, the victim may apply
	 for compensation under the provisions of this chapter if one of the following
	 conditions is met:
(1) The
  jurisdiction where the crime occurred does not have a crime victim's
  compensation law; or
(2) The
  jurisdiction where the crime occurred has a crime victim's compensation law but
  the individual applied for and was determined to be ineligible to receive
  benefits.
An individual may not apply for benefits under this chapter if the
	 jurisdiction where the crime occurred has a crime victim's compensation law but
	 it does not cover the particular expense claimed or it has paid the maximum
	 amount payable under that jurisdiction's law.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-2,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:01 - General provisions › Section 67:55:01:10 - Payment to service provider

Current through Register Vol. 51, page 10, July 15, 2024
The department shall make payment directly to the service provider
	 unless the claimant provides proof that the services were paid by the
	 claimant.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-24,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:01 - General provisions › Section 67:55:01:11 - Payment considered payment in full - Exceptions

Current through Register Vol. 51, page 10, July 15, 2024
Payments made under this article are considered payment in full unless
	 one of the following circumstances exists and the department paid only a
	 portion of the amount allowed:
(1) The
  victim's claims exceeded the limit of compensation established in SDCL
  23A-28B-21;
(2) The services provided were not entirely
  the result of the crime;
(3) The
  cost of the service was found to be unreasonable; or
(4) The amount paid was reduced by the amount
  due from a collateral source.
In no case may the payments made under this article exceed the limits
	 established in SDCL chapter 23A-28 B.
General Authority:
SDCL
		23A-28B-20,
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-20,
		23A-28B-22,
		23A-28B-40.
Circumstances not permitting award of compensation, SDCL
		23A-28B-25.
Mental health services -- Payment limits, §
											67:55:04:04.
Circumstances when compensation not allowed, §
											67:55:01:05.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:01 - General provisions › Section 67:55:01:12 - Record retention

Current through Register Vol. 51, page 10, July 15, 2024
Unless the department has received notice of a claim, litigation,
	 negotiation, or other action involving the record, the department is not
	 required to retain a record of the application or related records for more than
	 six years after the date the claim is closed.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:01 - General provisions › Section 67:55:01:13 - Payment from fund if collateral source exists

Current through Register Vol. 51, page 10, July 15, 2024
If a collateral source exists, either the service provider or the
	 claimant must verify that the claim was submitted to the collateral source for
	 payment. Before payment is made from the fund, either the provider or the
	 claimant must provide to the department documentation that either verifies the
	 amount paid by the collateral source or specifies the claimant or the service
	 was not covered by the collateral source.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-22,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:02 - Commission hearings › Section 67:55:02:06 - Notice of hearing

Current through Register Vol. 51, page 10, July 15, 2024
If a claimant requests a review of a claim under the provisions of SDCL
	 23A-28B-32, the department shall
	 send the claimant and the claimant's authorized representative, if applicable,
	 a written notice at least 30 days before the review hearing. The notice shall
	 contain the following information:
(1)
  A statement that the claimant may choose not to appear or may choose to appear
  in person or by telephone;
(2) A
  statement that if the claimant chooses not to appear the commission shall
  review the claim and enter its final decision;
(3) A statement as to the time and place of
  the hearing;
(4) A statement that
  either the claimant or the commission, or both, may be represented by an
  attorney or other authorized representative or they may represent
  themselves;
(5) A statement that
  there are no provisions for the payment of the claimant's legal fees by either
  the department or the commission;
(6) A statement that if the hearing is held
  by telephone, the claimant must submit to the commission at least 10 days
  before the hearing date any additional evidence the claimant wishes the
  commission to consider and that the commission shall exclude from the record
  evidence that is not submitted within that time limit;
(7) A statement that if the claimant chooses
  not to appear, the claimant must submit to the commission at least 10 days
  before the hearing date any additional evidence the claimant wishes the
  commission to consider and that the commission shall exclude from the record
  evidence that is not submitted within that time limit;
(8) A statement that if the hearing is held
  in person, the claimant must be present at the hearing with any witnesses and
  any exhibits and documents to be introduced into evidence; and
(9) A statement that service of this notice
  may be waived by agreement of all parties.
Service of the notice by mail is considered complete when a copy of the
	 notice is deposited in the United States post office, with postage prepaid,
	 addressed to the claimant at the claimant's last known
	 address.
General Authority:
SDCL
		23A-28B-4.
Law Implemented:
SDCL
		23A-28B-4,
		23A-28B-32.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:02 - Commission hearings › Section 67:55:02:07 - Claimant unable to attend hearing

Current through Register Vol. 51, page 10, July 15, 2024
If the claimant chose to appear either by telephone or in person but is
	 unable to attend, the claimant must notify the commission at least five working
	 days before the date of the scheduled hearing. The claimant may notify the
	 commission orally; however, oral notice must be followed up with a written
	 notification signed by the claimant. The commission shall set a second hearing
	 date and provide notice according to §
									67:55:02:06.
If a second hearing date is scheduled and the claimant fails to appear
	 either by telephone or in person, the commission shall review the claim and
	 make a final determination on the claim without the claimant being
	 present.
If the claimant does not notify the commission before the scheduled
	 hearing, the commission shall proceed with the review and final determination
	 of the claim.
General Authority:
23A-28B-4.
Law Implemented:
23A-28B-4,
		23A-28B-32.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:02 - Commission hearings › Section 67:55:02:08 - Evidence

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall receive as evidence any statement, document, or
	 information necessary to afford the claimant a fair hearing. Evidence may
	 include items such as hospital records or reports, physicians' reports, or
	 mental health counselor's reports that contain proof of the injuries sustained.
	 The burden of proof is on the claimant to show that the claim is reasonable and
	 is compensable under the provisions of this article.
The commission may consider information discovered as a result of an
	 independent investigation such as records of medical payments by third parties
	 or any other payments to or on behalf of the claimant, the claimant's financial
	 need, and statements of witnesses or acquaintances.
If an individual has been convicted of an offense with respect to an
	 act on which a claim is based, proof of that conviction is taken as conclusive
	 evidence that the offense was committed, unless an appeal or a proceeding with
	 regard to it is pending. The fact that the identity of the assailant is unknown
	 or that the assailant has not been prosecuted or convicted may not raise a
	 presumption that the claim is invalid.
General Authority:
23A-28B-4.
Law Implemented:
23A-28B-4, 23A-28B-9, 23A-28B-23,
		23A-28B-32.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:02 - Commission hearings › Section 67:55:02:09 - Subpoenas

Current through Register Vol. 51, page 10, July 15, 2024
Subpoenas issued by the commission requiring the attendance of
	 witnesses or for the production of documentary evidence shall be served
	 according to SDCL 15-6-45. Witness fees and mileage are payable according to
	 SDCL 19-5-1.
General Authority:
23A-28B-4.
Law Implemented:
23A-28B-4, 23A-28B-17,
		23A-28B-32.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:02 - Commission hearings › Section 67:55:02:10 - Final decision by commission

Current through Register Vol. 51, page 10, July 15, 2024
Based on the testimony received, the evidence provided, and the results
	 of any independent investigation, the commission shall enter its final decision
	 as determined by a majority of the commission members. The decision is final
	 and conclusive as to all matters adjudicated.
General Authority:
23A-28B-4.
Law Implemented:
23A-28B-4,
		23A-28B-32.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:02 - Commission hearings › Section 67:55:02:11 - Notice of final decision

Current through Register Vol. 51, page 10, July 15, 2024
The department shall notify the claimant of the commission's final
	 decision within 15 working days following the date of the hearing. The notice
	 shall be in writing and shall be made by regular mail. If the claim was
	 approved, the notice shall specify the amount of the claim and the amount
	 payable for each eligible service provider. If the commission denies the claim,
	 the decision shall specify the reason for the denial.
General Authority:
23A-28B-4.
Law Implemented:
23A-28B-4,
		23A-28B-32.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Mental health services," the assessment,
  diagnosis, and treatment of an individual's mental and emotional functioning
  that is required to alleviate the psychological trauma that resulted from a
  crime;
(2) "Immediate family," the
  victim's spouse, children, mother, father, brothers, sisters, grandparents,
  grandchildren, great-grandparents, great-grandchildren, stepchildren, and
  stepparents.
General Authority:
SDCL
		23A-28B-33
Law Implemented:
SDCL 23
		A-28B-40
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:02 - Limit of compensation

Current through Register Vol. 51, page 10, July 15, 2024
Payment made to any claimant under the provisions of this chapter may
	 not exceed the limit established in SDCL
	 23A-28B-21.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-19,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:03 - Mental health services

Current through Register Vol. 51, page 10, July 15, 2024
Payment for mental health services is limited to assessment,
	 diagnosis, and treatment, including individual or group counseling sessions
	 provided by a mental health professional for up to 24 months immediately
	 following the date of the crime. If the victim is a juvenile, or was a juvenile
	 at the time of victimization, and there is good cause to waive the one-year
	 requirement under SDCL
	 23A-28B-25, payment for mental
	 health services may be made for up to 24 months from the date of the
	 application.
If the mental health professional providing services needs the
	 assistance of an interpreter, payment for the interpreter may be compensated
	 unless the agency is otherwise required to provide an interpreter.
No compensation is allowed for mental health services provided for the
	 purpose of determining a child's custody.
Mental health services provided by an individual whose position is
	 funded in whole or in part by federal funds or whose position is used as a
	 match for federal funds are not compensable services.
A claim for mental health services must contain the length of each
	 counseling session and the name of the individual who provided the service. For
	 purposes of this section, a session is 50 minutes. The department shall prorate
	 the payment for a session that lasts less than 50 minutes.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-19,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:04 - Mental health services - Qualifications of a provider

Current through Register Vol. 51, page 10, July 15, 2024
Mental health services must be provided by an individual who meets one
	 of the following requirements:
(1)
  Holds a bachelor's degree in counseling, psychology, social work, or a related
  field, is licensed as a social worker, and works under the supervision of a
  qualified mental health professional;
(2) Holds a master's degree in counseling,
  psychology, or social work and is licensed or certified as a professional
  counselor, social worker, or therapist;
(3) Holds a doctor's degree in psychology or
  medicine.
General Authority:
SDCL
		23A-28B-20,
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-19,
		23A-28B-20,
		23A-28B-40.
Qualifications of a certified social worker, SDCL
		36-26-14.
Qualifications for social worker's license, SDCL
		36-26-15.
Application requirements -- Licensed professional counselor, SDCL
		36-32-13.
Application for license -- Fee -- Requirements for license --
		Marriage and family therapist, SDCL
		36-33-9.
Qualifications of mental health professionals, SDCL
		27A-1-3.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:05 - Transportation expenses

Current through Register Vol. 51, page 10, July 15, 2024
Payment for transportation expenses is limited to the following:
(1) Mileage accrued for the purpose of
  obtaining services located out of the claimant's city of residence. The
  department considers the claimant's city of residence to be the city used as
  the claimant's mailing address;
(2)
  Mileage accrued for the victim to obtain treatment and therapy;
(3) Mileage accrued for the victim to attend
  court proceedings;
(4) Mileage
  accrued for the victim to meet with law enforcement;
(5) Mileage accrued for transporting the
  victim to a hospital or medical facility for a sexual assault
  examination;
(6) Mileage accrued
  for the immediate family of a homicide victim to attend court
  proceedings;
(7) Mileage accrued
  for the immediate family of a homicide victim to attend funeral
  services;
(8) Mileage related to a
  forensic examination of the victim;
(9) Lodging expenses associated with travel
  for the above stated purposes.
Unless good cause is shown, payment is not allowed for mileage and
	 lodging accrued to obtain services from a provider located out of state.
Reimbursement is not allowed for those costs that are related to the
	 prosecution of a case and are the responsibility of either the county or the
	 state.
General Authority:
SDCL
		23A-28B-20,
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-19,
		23A-28B-20,
		23A-28B-40.
Transportation expenses -- Good cause criteria for payment of
		out-of-state mileage, §
											67:55:04:06.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:06 - Transportation expenses - Good cause criteria for payment of out-of-state mileage

Current through Register Vol. 51, page 10, July 15, 2024
Good cause criteria for the payment of mileage to enable a claimant to
	 obtain services from a provider located out of South Dakota consists of the
	 following:
(1) The claimant's
  residence is located close to a bordering state;
(2) The claimant has moved to another
  state;
(3) Comparable services are
  not available in South Dakota; or
(4) The claimant's physician or qualified
  mental health professional has referred the claimant to the out-of-state
  provider.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:07 - Transportation expenses - Rate of payment

Current through Register Vol. 51, page 10, July 15, 2024
Mileage is reimbursed at the rate established for state employees in
	 §
									5:01:02:01 or
	 5:01:02:01.01, as applicable, for
	 the use of a privately owned automobile.
General Authority:
SDCL
		23A-28B-20,
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-19. 23A-28B-20,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:08 - Lost earnings - Payment limits

Current through Register Vol. 51, page 10, July 15, 2024
Payment for lost earnings or loss of future earnings is limited to the
	 following:
(1) If the claimant is the
  victim, the 12-month period immediately following the date of the
  crime;
(2) If the claimant is the
  parent of a child who was a victim, 40 hours for lost earnings; or
(3) If the claimant is the parent or spouse
  of a homicide victim, 40 hours for lost earnings.
In order to be compensated for lost earnings or loss of future
	 earnings, the claimant must have been employed at the time the crime was
	 committed.
The amount of lost earnings or the loss of future earnings a claimant
	 is eligible to receive is calculated according to SDCL
	 23A-28B-20.
An application for lost earnings may include the hours the individual
	 was absent from work to meet with law enforcement, attend funeral services,
	 attend court proceedings, or receive treatment or follow-up treatment. The
	 application may not include hours for which the individual used and was paid
	 for sick or annual leave.
General Authority:
SDCL
		23A-28B-20,
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-19,
		23A-28B-20,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:09 - Loss of support - Victim's dependent

Current through Register Vol. 51, page 10, July 15, 2024
Loss of support may be paid to a victim's dependents if the victim was
	 providing support before the date the crime occurred. Payment made for lost
	 support is limited to the 36-month period immediately following the date the
	 crime occurred or, if the claim is on behalf of the victim's dependent child or
	 children, the date the victim's last dependent child reaches the age of 19,
	 whichever occurs first The claimant must supply documentation to the department
	 that verifies the amount of support provided by the victim prior to the crime.
	 The amount of lost support a claimant is eligible to receive is calculated
	 according to SDCL
	 23A-28B-20.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-19,
		23A-28B-20,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:09.01 - Loss of support - Victim

Current through Register Vol. 51, page 10, July 15, 2024
Loss of support may be paid to a victim of the offender if the
	 offender was providing support to the victim before the date the crime
	 occurred. Payment made for lost support is limited to the 36-month period
	 immediately following the date the crime occurred or, if the claim is on behalf
	 of the offender's dependent child or children who are also victims of the
	 offender, the date the last dependent child reaches the age of 19, whichever
	 occurs first. The claimant must supply documentation to the department that
	 verifies the amount of support provided by the offender prior to the crime. The
	 amount of lost support a claimant is eligible to receive is calculated
	 according to SDCL
	 23A-28B-20.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-19,
		23A-28B-20,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:10 - Loss of personal property

Current through Register Vol. 51, page 10, July 15, 2024
The replacement cost of personal property used for evidentiary purposes
	 is payable if the property is not later returned.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-19,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:11 - Child care expenses

Current through Register Vol. 51, page 10, July 15, 2024
Child care expenses are payable if the parent is unable to care for the
	 child because the parent has sustained physical or emotional impairment as a
	 direct result of a crime, if the parent is required to attend court proceedings
	 or meet with law enforcement, or the parent has a medical
	 appointment.
General Authority:
SDCL
		23A-28B-20,
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-19,
		23A-28B-20,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:12 - Security devices

Current through Register Vol. 51, page 10, July 15, 2024
Expenses for security devices, including digital security cameras, are
	 payable. The monthly service cost, if any, of a security device installed for
	 the benefit of a victim is the victim's responsibility.
Payment for security devices may not exceed $500, including materials
	 and labor. No payment may be made for cell phones, guns, or guard
	 dogs.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-40.
Definition of security devices, SDCL
		23A-28B-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:13 - Medical expenses resulting from sexual assault

Current through Register Vol. 51, page 10, July 15, 2024
Bills for rape exams and related expenses must be submitted to
	 collateral sources, including health insurance, before payment may be made
	 under the provisions of this article.
Reimbursement is not allowed for rape or sexual offense examinations
	 provided under the provisions of SDCL
	 22-22-6.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-19,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:14 - Homicide scene expenses

Current through Register Vol. 51, page 10, July 15, 2024
Expenses associated with cleaning up or repairing a homicide scene are
	 payable. Expenses may include needed repairs resulting from the removal of
	 evidence. A victim's family member is not eligible to receive payment under
	 this section.
General Authority:
SDCL
		23A-28B-20,
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-19,
		23A-28B-20,
		23A-28B-40.
Definition of homicide scene cleanup expenses, SDCL
		23A-28B-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:15 - Chiropractic expenses

Current through Register Vol. 51, page 10, July 15, 2024
Chiropractic expenses are payable; however, no payment is allowed for
	 chiropractic care received more than 12 months after the date the crime
	 occurred.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-19,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:16 - Home health services

Current through Register Vol. 51, page 10, July 15, 2024
Payment for home health services is limited to 12 months. Home health
	 services are those medical services necessary to treat the victim of a crime
	 and are provided by a home health agency in response to the attending
	 physician's written orders. The claimant must provide to the department written
	 documentation from either the home health agency or the attending physician
	 that verifies the need for the service.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-19,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:17 - Funeral and burial expenses

Current through Register Vol. 51, page 10, July 15, 2024
Payment for basic funeral and burial expenses may not exceed $8,000.
	 Basic funeral and burial expenses include the following services:
(1) The transportation of the body to the
  funeral home;
(2) The professional
  care of the remains, including embalming, cremation, cosmetology, minor
  restorative work, and dressing and casketing of the remains;
(3) The use of facilities for a funeral
  service;
(4) The cemetery
  plot;
(5) The casket;
(6) A public notice of the death and the time
  and place of funeral service;
(7)
  Opening and closing the grave;
(8)
  A grave liner;
(9) The
  transportation of the body and casket by a funeral coach to the
  cemetery;
(10) Certified copies of
  the death certificate;
(11)
  Miscellaneous expenses including clothing for the deceased; fees or gifts for
  the clergy, soloist, or organist; flowers; food and nonalcoholic beverages;
  memorial brochures; guest books; acknowledgement cards; give-away items; and if
  a one-year memorial service is held, the expenses resulting from such service;
  and
(12) A headstone or grave
  marker.
Reimbursement is not allowed for alcohol or tobacco or for the
	 transportation, lodging costs, or lost wages or income of family
	 members.
Reimbursement is not allowed if the victim died as a result of a
	 preexisting medical condition and not as a direct result of the physical
	 injuries from the crime.
An itemized receipt is required for reimbursement under this section.
	 No reimbursement is allowed for items described as "general
	 grocery."
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-19,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:18 - Witness fees

Current through Register Vol. 51, page 10, July 15, 2024
An individual may submit a claim for witness fees and mileage if the
	 individual appears as a witness to present evidence before the commission to
	 support a claim. Fees and mileage are payable according to SDCL
	 19-5-1.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-30,
		23A-28B-40.
Transportation expenses, §
											67:55:04:05.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:19 - Time limit for medical expenses - Extension

Current through Register Vol. 51, page 10, July 15, 2024
Except for mental health expenses covered under §
									67:55:04:03 and the costs of
	 medications related to the treatment of a mental condition, payment for medical
	 expenses is limited to those medical services provided during the 12-month
	 period immediately following the date the crime occurred. The department may
	 extend this 12-month period if good cause is shown. If requesting an extension,
	 the claimant must provide written and signed documentation from the attending
	 physician that explains the needed medical service and the reason the service
	 cannot be provided within the 12-month period.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-40.
Definition of medical expenses, SDCL
		23A-28B-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:20 - Approval of amounts in excess of payment limits - Commission approval required

Current through Register Vol. 51, page 10, July 15, 2024
With the exception of an emergency award, the commission may deviate
	 from the limits established in this chapter. The claimant must submit evidence
	 to the commission that substantiates the need for the deviation. Based on the
	 evidence submitted, the commission shall determine whether the deviation is
	 warranted. Within 15 days of the commission's decision, the department shall
	 notify the individual in writing. Under no circumstances may payments exceed
	 the program limits established in SDCL
	 23A-28B-21.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:21 - Payment reduced if prior conduct resulted in payment on behalf of another victim

Current through Register Vol. 51, page 10, July 15, 2024
The department shall reduce a payment to a victim if the victim was
	 previously an alleged offender whose actions resulted in payment from the fund
	 on behalf of another victim.
The amount of the reduction is calculated by determining the amount
	 that was paid from the fund as a result of the alleged offender's prior actions
	 and deducting any repayments made to the fund from or on behalf of the alleged
	 offender.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:22 - Repayment of emergency award

Current through Register Vol. 51, page 10, July 15, 2024
An emergency award that was the result of lost income or support,
	 emergency medical treatment expenses, or funeral and burial expenses shall
	 first be deducted from any amounts payable to the individual for the
	 individual's out-of-pocket losses. If repayment is not fully achieved through
	 this deduction, the department shall reduce on a pro rata basis amounts which
	 would otherwise be payable to other third parties on behalf of the
	 individual.
If the amount of the final payment is less than the emergency award,
	 the individual may be required to repay the difference.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-27,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:23 - Claim made on behalf of deceased victim's dependent

Current through Register Vol. 51, page 10, July 15, 2024
If a claim is being made on behalf of a deceased victim's dependent,
	 the department may require the claimant to provide the department with legal
	 documentation that substantiates the fact that the individual on whose behalf
	 the claim is being submitted was a dependent of the victim at the time the
	 crime occurred.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:24 - Reopening or reinvestigating claims

Current through Register Vol. 51, page 10, July 15, 2024
If one or more of the following occurs, the commission or department
	 may reopen a previously closed claim:
(1) There is new evidence related to a
  crime;
(2) There is evidence that a
  crime was not committed;
(3) There
  is a possibility that the claim was fraudulent;
(4) There is evidence that the victim or
  claimant is no longer fully cooperating with law enforcement;
(5) There is a need to resolve questions of
  fact; or
(6) There are additional
  crime-related expenses and the maximum allowable payment limit has not been
  reached.
General Authority:
SDCL
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-35,
		23A-28B-40.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:55 - Crime victims' compensation › Chapter 67:55:04 - Claims › Section 67:55:04:25 - Revision of award

Current through Register Vol. 51, page 10, July 15, 2024
After reopening or reinvestigating a claim pursuant to §
									67:55:04:24, the commission or
	 department may withdraw or reduce an award of compensation. The commission or
	 department may reconsider a decision granting or denying an award based on its
	 own motion or on the request of the claimant. If the commission decides to
	 reconsider the decision granting or denying an award, the commission shall hold
	 a hearing under the provisions of chapter 67:55:02 and the department shall
	 send the claimant a 30-day notice of the hearing according to §
									67:55:02:06. The notice may be
	 waived by agreement of all parties.
General Authority:
SDCL
		23A-28B-4,
		23A-28B-33.
Law Implemented:
SDCL
		23A-28B-4,
		23A-28B-33.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:56 - Domestic violence and sexual assault programs › Chapter 67:56:01 - General provisions › Section 67:56:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Advocate," any trained employee or
  volunteer working for a shelter or service program to support an individual
  seeking or receiving services; and
(2) "Confidential information," any written,
  oral, or electronic communication between a person seeking or receiving
  services and an advocate; any records or written, oral, or electronic
  information identifying an individual seeking or receiving services; and any
  information relating to services provided to an individual including the
  location of services.
General Authority:
SDCL
		25-10-30.
Law Implemented:
SDCL
		25-10-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:56 - Domestic violence and sexual assault programs › Chapter 67:56:01 - General provisions › Section 67:56:01:02 - Service programs

Current through Register Vol. 51, page 10, July 15, 2024
Service programs shall provide a variety of services to victims of
	 domestic violence and sexual assault. The services shall include the
	 requirements as stated in SDCL
	 25-10-28 and in addition may
	 include the following services:
(1)
  Crisis counseling;
(2) Follow up
  contact;
(3) Therapy;
(4) Group counseling;
(5) Information referral;
(6) Criminal justice support;
(7) Emergency financial assistance;
(8) Emergency legal advocacy;
(9) Personal advocacy;
(10) Medical advocacy;
(11) Assistance with filing compensation
  claims; and
(12) Transportation
  services.
General Authority:
SDCL
		25-10-30.
Law Implemented:
SDCL
		25-10-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:56 - Domestic violence and sexual assault programs › Chapter 67:56:01 - General provisions › Section 67:56:01:03 - Requirements for shelter services

Current through Register Vol. 51, page 10, July 15, 2024
Shelter services may be provided in a structure owned or operated by
	 the program; in public accommodations paid for by the program, such as hotels
	 and motels; or in private homes supervised by the program. A program using a
	 hotel or motel facility or a private home as a shelter must have an agreement
	 with the facility that provides for the safety and confidentiality of clients.
	 Additionally, a program using a private home as a shelter must ensure:
(1) No individual living in the household has
  had a conviction for a crime that would indicate harmful behavior towards
  children, a crime of violence as defined by SDCL
  22-1-2, a sex crime pursuant to
  SDCL chapters 22-22 or 22-24 A or SDCL
  22-22A-3, or within the preceding
  five years, a conviction for any other felony; and
(2) The program has submitted proof of
  liability insurance covering the home.
Each program shall establish a policy defining eligibility standards
	 and shall provide services to eligible individuals in all available settings
	 within the program's service area. A program may not impose income standards or
	 mandate participation in a program service as a condition of
	 eligibility.
General Authority:
SDCL
		25-10-30.
Law Implemented:
SDCL
		25-10-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:56 - Domestic violence and sexual assault programs › Chapter 67:56:01 - General provisions › Section 67:56:01:05 - Program policy requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each program shall establish and follow a written policy relating
	 to:
(1) Personnel including:
(a) Staff and volunteer hiring, and
  orientation;
(b) Training on client
  orientation procedures, client services, safety, and confidentiality;
  and
(c) Documenting orientation,
  training, and continued education for each staff member and
  volunteer;
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:56 - Domestic violence and sexual assault programs › Chapter 67:56:01 - General provisions › Section 67:56:01:06 - Client services policy requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each program shall establish and follow a written policy in the
	 following areas relating to client services:
(1) Intake and referral procedures;
(2) Eligibility;
(3) Orientation;
(4) Safety and security standards and
  procedures;
(5) Grievance
  procedures;
(6) Records
  retention;
(7) Smoke-free,
  drug-free, and violence-free environment;
(8) Conflicts of interest;
(9) Nondiscrimination;
(10) Transportation services;
(11) Medical care;
(12) Care of children when parent is absent;
  and
(13) Shelter house
  rules.
General Authority:
SDCL
		25-10-30.
Law Implemented:
SDCL
		25-10-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:56 - Domestic violence and sexual assault programs › Chapter 67:56:01 - General provisions › Section 67:56:01:07 - Program bylaws

Current through Register Vol. 51, page 10, July 15, 2024
Each program shall adopt bylaws which state its purpose and
	 must:
(1) Provide for a board of
  directors who, as a group, represent the demographic characteristics of the
  residents of that area;
(2) Provide
  the number and terms of members on the board;
(3) Describe the qualifications for
  membership on the board;
(4)
  Provide that members of the governing board serve without pay;
(5) Provide that no financial benefit accrue
  as a result of membership on the board; and
(6) Identify the parliamentary procedure or
  consensus process to be followed in the conduct of business meetings.
General Authority:
SDCL
		25-10-30.
Law Implemented:
SDCL
		25-10-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Comprehensive survey," a planned,
  on-site survey of an agency, by a team of representatives from the department,
  for the purposes of evaluating compliance with the standards for accreditation
  renewal and assessing the quality of services provided;
(2) "Plan of correction," a plan created by
  an agency to organize the process of making improvements in clinical or
  administrative practice, in order to address issues that are identified by the
  department and require corrective action or improvement to meet the
  requirements of this article;
(3)
  "Probation," a status of restricted accreditation of an agency that fails to
  follow the requirements for accreditation;
(4) " Revocation," the permanent withdrawing
  of an alcohol or other drug abuse agency's accreditation by the
  department;
(5) "Root cause
  analysis," a process to identify the fundamental reason for a failure or
  inefficiency of process that allowed for a mistake, including the occurrence or
  possible occurrence of a sentinel event, to determine how to change procedures
  so mistakes are less likely, and then make the change; and
(6) "Suspension," the temporary withdrawing
  of an alcohol and other drug abuse agency's accreditation by the
  department.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4),
		34-20A-44.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:02 - Access by the department

Current through Register Vol. 51, page 10, July 15, 2024
The department shall monitor each agency for continued compliance with
	 this article regardless of the term of an agency's accreditation certificate.
	 An agency is subject to review with or without notice by the department. An
	 agency shall provide the department with complete access to all clients and
	 staff, and to all client, staff, financial, and administrative program records
	 needed to determine whether the agency meets the requirements of SDCL chapter
	 34-20 A and this article. The requirements for the department to review and
	 copy records are those contained in 42 C.F.R. Part 2, in effect on January 18,
	 2017.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27,
		34-20A-44,
		34-20A-44.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:03 - Accreditation of agencies by service classification

Current through Register Vol. 51, page 10, July 15, 2024
An agency that provides substance use disorder services may apply for
	 accreditation by the department. An agency shall comply with the rules in this
	 article that apply to service classifications for which the accreditation is
	 granted. An agency may apply for one or more of the following service
	 classifications:
(1)
  Prevention;
(2) Outpatient
  services; to include, early intervention programs, outpatient treatment
  programs, and intensive outpatient treatment programs;
(3) Day treatment program;
(4) Clinically-managed low-intensity
  residential program;
(5)
  Clinically-managed residential detoxification program; and
(6) Medically-monitored intensive inpatient
  treatment program.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4).