reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:22 - Auxiliary placement program › Chapter 67:22:01 - Auxiliary placement program › Section 67:22:01:03 - Post-graduation educational expenses

Current through Register Vol. 51, page 10, July 15, 2024
The Auxiliary Placement Program may not pay the educational expenses
	 for a youth after that youth receives a high school diploma.
General Authority:
SDCL
		13-28-39.
Law Implemented:
SDCL
		13-28-39.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:22 - Auxiliary placement program › Chapter 67:22:01 - Auxiliary placement program › Section 67:22:01:04 - Covered programs and facilities

Current through Register Vol. 51, page 10, July 15, 2024
The Auxiliary Placement Program shall pay the educational costs for an
	 eligible youth if that youth is placed in one of the following residential
	 programs or facilities:
(1) Group care
  center;
(2) Residential treatment
  center;
(3) Intensive residential
  treatment center;
(4) Community
  support provider;
(5) South Dakota
  Children's Care Hospital and School;
(6) Independent living preparation program
  with prior approval from the youth's placement agency; and
(7) Out-of-state public schools if a youth in
  custody of the department or the South Dakota Department of Corrections is
  placed in a foster home in another state and the youth is not eligible for
  payment under that state's system.
The Auxiliary Placement Program may not pay the educational costs for
	 day school in a residential facility if a youth has been placed in a foster
	 home or if a youth in a residential placement is attending a public school on a
	 full-time basis.
General Authority:
SDCL
		13-28-39.
Law Implemented:
SDCL
		13-28-39.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:22 - Auxiliary placement program › Chapter 67:22:01 - Auxiliary placement program › Section 67:22:01:05 - Education programs

Current through Register Vol. 51, page 10, July 15, 2024
All educational programs receiving payment by the Auxiliary Placement
	 Program must be accredited or approved by the Department of
	 Education.
General Authority:
SDCL
		28-6-1(1).
Law Implemented:
SDCL
		28-6-1(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:22 - Auxiliary placement program › Chapter 67:22:01 - Auxiliary placement program › Section 67:22:01:06 - Reimbursement

Current through Register Vol. 51, page 10, July 15, 2024
The rate paid by the Auxiliary Placement Program shall be set annually
	 by the department. The full rate shall be paid for school days that include at
	 least 5.5 hours of instructional time. One-half of the rate shall be paid for
	 school days that include less than 5.5 hours of instructional time.
Monies received by the school district from the Department of Education
	 in the form of general state aid to schools as calculated pursuant to SDCL
	 13-13-73 and state aid for special
	 education as calculated under SDCL
	 13-37-36.3 reduce the department's
	 payment obligation under SDCL
	 13-28-39 to the extent the
	 Department of Education payments are attributable to children in the Auxiliary
	 Placement Program.
General Authority:
SDCL
		28-6-1(1).
Law Implemented:
SDCL
		28-6-1(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:22 - Auxiliary placement program › Chapter 67:22:01 - Auxiliary placement program › Section 67:22:01:07 - Claim submission - Independent education program

Current through Register Vol. 51, page 10, July 15, 2024
Group and residential centers that operate their own education program
	 shall submit each claim on a form provided by the department on a monthly
	 basis.
General Authority:
SDCL
		28-6-1(1).
Law Implemented:
SDCL
		28-6-1(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:22 - Auxiliary placement program › Chapter 67:22:01 - Auxiliary placement program › Section 67:22:01:08 - Claim submission - Public education program

Current through Register Vol. 51, page 10, July 15, 2024
Group and residential centers that use an education program operated by
	 a South Dakota public school district during the regular school year shall
	 report the total membership days of youth who are eligible for payment by the
	 Auxiliary Placement Program to the Department of Education using the Department
	 of Education's reporting system.
General Authority:
SDCL
		28-6-1(1).
Law Implemented:
SDCL
		28-6-1(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:22 - Auxiliary placement program › Chapter 67:22:01 - Auxiliary placement program › Section 67:22:01:09 - Claim submission - Summer school

Current through Register Vol. 51, page 10, July 15, 2024
Group and residential centers that use an education program operated by
	 a South Dakota public school district during the summer shall submit each claim
	 on a form provided by the department on a monthly basis.
General Authority:
SDCL
		28-6-1(1).
Law Implemented:
SDCL
		28-6-1(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:25 - Developmental disabilities services, Transferred to 46:14

Current through Register Vol. 51, page 10, July 15, 2024
The rule-making authority for this article, which is contained in
		SDCL 27B-2-11, was transferred from the Department of Social Services to the
		Department of Human Services by SL 1989, ch 21, § 120. With the adoption
		under that authority of rules for developmental disabilities services in
		Article 46:10 by the Department of Human Services, effective February 13, 1996,
		the Legislative Research Council transferred this article, which applies to
		developmental disabilities projects, from rules for the Department of Social
		Services to rules for the Department of Human
		Services.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:29 - Advocacy services, Transferred to 46:12

Current through Register Vol. 51, page 10, July 15, 2024
The rule-making authority for this article, which was contained in
		SDCL 27B-2-11, was transferred from the Department of Social Services to the
		Department of Human Services by SL 1989, ch 21, § 120. With the adoption
		under that authority of rules for developmental disabilities services in
		Articles 46:10 and 46:11 by the Department of Human Services, effective
		February 13, 1996, this article was transferred to Article 46:12 and
		reprinted.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:40 - Office of adult services and aging › Chapter 67:40:07 - Homemaker services, Repealed › Section 67:40:07:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in Chapter 67:40:11 have the same meanings when used in this
	 chapter. Terms used in this chapter mean:
(1) "Activities of daily living," tasks
  performed routinely by an individual to maintain physical functioning and
  personal care, including transferring, moving about, dressing, grooming,
  toileting, and eating;
(2)
  "Economic resources," the client's own resources together with other types of
  assistance, financial or otherwise, which are available to a client and would
  help maintain the client in the client's own home;
(3) "Health status," the client's medical
  condition based on a diagnosis of the client's existing illnesses or
  disabilities, the medical care and medication needed in response to the
  diagnosis, and an assessment of the client's ability to perform daily
  tasks;
(4) "Home," the client's
  residence which may not include a hospital, penal institution, detention
  center, school, nursing facility, assisted living facility, intermediate care
  facility for individuals with intellectual disabilities, or an institution that
  treats individuals who have mental diseases;
(5) "Home environment," the client's dwelling
  unit, building, or house and its furnishings and the neighborhood in which the
  client resides;
(6) "Homemaker,"
  the individual who performs homemaker services for an eligible
  client;
(7) "Homemaker service,"
  the performance of nonmedical household tasks designed to maintain a client in
  the client's home and provided by a homemaker for a client who has lost the
  ability to perform the tasks;
(8)
  Personal adjustment," the indicators of an individual's mood, judgment, and
  memory which are essential to remaining independent; and
(9) "Social resources," support or assistance
  available to a client from the client's family, friends, neighbors, or
  community organizations such as churches, civic groups, or senior centers, or
  other agencies providing services to residents of the community;
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-44.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:40 - Office of adult services and aging › Chapter 67:40:07 - Homemaker services, New › Section 67:40:07:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in Chapter 67:40:11 have the same meanings when used in this
	 chapter. Terms used in this chapter mean:
(1) "Activities of daily living," tasks
  performed routinely by an individual to maintain physical functioning and
  personal care, including transferring, moving about, dressing, grooming,
  toileting, and eating;
(2)
  "Economic resources," the client's own resources together with other types of
  assistance, financial or otherwise, which are available to a client and would
  help maintain the client in the client's own home;
(3) "Health status," the client's medical
  condition based on a diagnosis of the client's existing illnesses or
  disabilities, the medical care and medication needed in response to the
  diagnosis, and an assessment of the client's ability to perform daily
  tasks;
(4) "Home," the client's
  residence which may not include a hospital, penal institution, detention
  center, school, nursing facility, assisted living facility, intermediate care
  facility for individuals with intellectual disabilities, or an institution that
  treats individuals who have mental diseases;
(5) "Home environment," the client's dwelling
  unit, building, or house and its furnishings and the neighborhood in which the
  client resides;
(6) "Homemaker,"
  the individual who performs homemaker services for an eligible
  client;
(7) "Homemaker service,"
  the performance of nonmedical household tasks designed to maintain a client in
  the client's home and provided by a homemaker for a client who has lost the
  ability to perform the tasks;
(8)
  Personal adjustment," the indicators of an individual's mood, judgment, and
  memory which are essential to remaining independent; and
(9) "Social resources," support or assistance
  available to a client from the client's family, friends, neighbors, or
  community organizations such as churches, civic groups, or senior centers, or
  other agencies providing services to residents of the community;
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-44.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:40 - Office of adult services and aging › Chapter 67:40:08 › Section 67:40:08:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-44.
General eligibility standards, ch
		67:14:01.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:40 - Office of adult services and aging › Chapter 67:40:08 › Section 67:40:08:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-44.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:40 - Office of adult services and aging › Chapter 67:40:18 - Respite care services, Repealed › Section 67:40:18:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Activities," tasks performed routinely
  by a person to maintain physical functioning and personal care, including
  transferring, moving about, dressing, grooming, toileting, and
  eating;
(2) "Client," a dependent
  person at risk of being institutionalized and presently unable to live
  independently;
(3) "Economic
  resources," the client's own resources together with other types of assistance,
  financial or otherwise, which are available to a client and would help maintain
  the client in the client's own home;
(4) "Health status," the client's medical
  condition based on a diagnosis of the client's existing illnesses or
  disabilities, the medical care and medications needed in response to the
  diagnosis, and an assessment of the client's ability to perform daily
  tasks;
(5) "Home," the client's
  residence which may not include a nursing facility, hospital, assisted living
  facility, penal institution, detention center, school, intermediate care
  facility for individuals with intellectual disabilities, or an institution that
  treats individuals who have mental diseases;
(6) "Home environment," the client's dwelling
  unit, building, or house and its furnishings and the neighborhood in which the
  client resides;
(7) "Needs
  assessment and evaluation," a procedure for evaluating a client for respite
  care;
(8) "Personal adjustment,"
  the indicators of an individual's mood, judgment, and memory which are
  essential to remaining independent;
(9) "Primary caregiver," an individual who
  provides a client with continuous at-home care at no cost;
(10) "Provider," the person who provides
  respite care services;
(11)
  "Respite care," temporary relief for primary caregivers to prevent individual
  and family breakdown, institutionalization of the person being cared for, or
  abuse by the primary caregiver as a result of stress from giving continuous
  support and care to a dependent person; and
(12) "Social resources," support or
  assistance available to a client from family, friends neighbors, community
  organizations such as churches, civic groups, or senior centers, or other
  agencies providing services to residents of the community.
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-44
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:40 - Office of adult services and aging › Chapter 67:40:18 - Respite care services, New › Section 67:40:18:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Activities," tasks performed routinely
  by a person to maintain physical functioning and personal care, including
  transferring, moving about, dressing, grooming, toileting, and
  eating;
(2) "Client," a dependent
  person at risk of being institutionalized and presently unable to live
  independently;
(3) "Economic
  resources," the client's own resources together with other types of assistance,
  financial or otherwise, which are available to a client and would help maintain
  the client in the client's own home;
(4) "Health status," the client's medical
  condition based on a diagnosis of the client's existing illnesses or
  disabilities, the medical care and medications needed in response to the
  diagnosis, and an assessment of the client's ability to perform daily
  tasks;
(5) "Home," the client's
  residence which may not include a nursing facility, hospital, assisted living
  facility, penal institution, detention center, school, intermediate care
  facility for individuals with intellectual disabilities, or an institution that
  treats individuals who have mental diseases;
(6) "Home environment," the client's dwelling
  unit, building, or house and its furnishings and the neighborhood in which the
  client resides;
(7) "Needs
  assessment and evaluation," a procedure for evaluating a client for respite
  care;
(8) "Personal adjustment,"
  the indicators of an individual's mood, judgment, and memory which are
  essential to remaining independent;
(9) "Primary caregiver," an individual who
  provides a client with continuous at-home care at no cost;
(10) "Provider," the person who provides
  respite care services;
(11)
  "Respite care," temporary relief for primary caregivers to prevent individual
  and family breakdown, institutionalization of the person being cared for, or
  abuse by the primary caregiver as a result of stress from giving continuous
  support and care to a dependent person; and
(12) "Social resources," support or
  assistance available to a client from family, friends neighbors, community
  organizations such as churches, civic groups, or senior centers, or other
  agencies providing services to residents of the community.
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-44
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:40 - Office of adult services and aging › Chapter 67:40:19 - Home and community-based services › Section 67:40:19:02 - Eligibility determination - Assessment

Current through Register Vol. 51, page 10, July 15, 2024
An individual may receive necessary services under this chapter if the
	 individual is age 60 or older or age 18 or older with a disability.
The department shall assess an individual's need for services and shall
	 reassess the individual's condition and the continued need for services at
	 least once every 12 months. The department shall consider the individual's
	 ability to complete the tasks necessary to live safely at home, the ability to
	 cooperate and follow the individual care plan, and whether other resources are
	 available to provide the needed services. The assessment must also consider
	 information provided about the individual in the following areas:
(1) Health status;
(2) Social resources;
(3) Home environment;
(4) Activities of daily living;
(5) Instrumental activities of daily living;
  and
(6) Economic
  resources.
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-44.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:40 - Office of adult services and aging › Chapter 67:40:19 - Home and community-based services › Section 67:40:19:03 - Individual care plan

Current through Register Vol. 51, page 10, July 15, 2024
The department and the individual shall develop an individual care plan
	 for each individual eligible for services based on the individual's assessment.
	 The plan must contain:
(1) The
  services or supports authorized;
(2) The number of service hours
  authorized;
(3) The tasks assigned
  to the provider; and
(4) The amount
  of any copay, if applicable.
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-44.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:40 - Office of adult services and aging › Chapter 67:40:19 - Home and community-based services › Section 67:40:19:04 - In-home services and adult day services

Current through Register Vol. 51, page 10, July 15, 2024
In-home services or adult day services may be provided to an individual
	 who demonstrates a need for long-term supports and services through the
	 assessment and meets the following criteria:
(1) The individual is residing at
  home;
(2) The individual is age 60
  or older or is age 18 or older with a disability; and
(3) The individual is not eligible for other
  programs which provide the same type of service.
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-44.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:40 - Office of adult services and aging › Chapter 67:40:19 - Home and community-based services › Section 67:40:19:05 - Congregate nutrition services

Current through Register Vol. 51, page 10, July 15, 2024
Congregate nutrition services may be provided to the following
	 individuals:
(1) An individual age 60
  or older;
(2) The spouse of an
  individual age 60 or older, regardless of age, if the couple is living
  together;
(3) An individual with a
  disability who resides with an individual age 60 or older; and
(4) An individual with a disability who
  resides in a housing facility where congregate nutrition services are
  provided.
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-44.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:40 - Office of adult services and aging › Chapter 67:40:19 - Home and community-based services › Section 67:40:19:05.01 - Home nutrition services

Current through Register Vol. 51, page 10, July 15, 2024
Home nutrition services may be provided to the following
	 individuals:
(1) An individual age 60
  or older who is unable to leave home due to illness or disability;
(2) Regardless of age, an individual living
  with a spouse age 60 or over unable to leave home due to illness or disability;
  or
(3) An individual with a
  disability who resides with an individual age 60 or over unable to leave home
  due to illness or disability.
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-44.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:40 - Office of adult services and aging › Chapter 67:40:20 - Caregiver support › Section 67:40:20:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Activities of daily living," activities
  as defined in §
									67:40:19:01;
(2) "Assessment," an evaluation of the
  caregiver's need for services;
(3)
  "Caregiver support," assistance which may include respite care to enable
  caregivers to be temporarily relieved from their caregiving responsibilities,
  or supplemental services to complement the care provided by
  caregivers;
(4) "Frail," an
  individual who is unable to perform at least two activities of daily living
  without substantial assistance or an individual who requires substantial
  supervision because the individual behaves in a manner that poses a serious
  health or safety hazard to the individual or others due to cognitive or mental
  impairment;
(5) "Primary
  caregiver," a nonpaid family member or other individual at least 18 years of
  age who is a care provider;
(6)
  "Provider," an individual chosen by the primary caregiver to provide caregiver
  support. The provider may not live in the care recipient's home; and
(7) Respite care," temporary substitute
  supports or living arrangements for an individual that provide a period of
  relief to the primary caregiver on an intermittent, occasional, or emergency
  basis.
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-44.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:40 - Office of adult services and aging › Chapter 67:40:20 - Caregiver support › Section 67:40:20:02 - Eligibility

Current through Register Vol. 51, page 10, July 15, 2024
The following populations of caregivers are eligible to receive
	 caregiver support:
(1) Primary
  caregivers providing care to an individual at least 60 years of age who is
  frail as defined in §
									67:40:20:01;
(2) Primary caregivers providing care to an
  individual of any age who has Alzheimer's disease or a related disorder with
  neurological or organic brain dysfunction;
(3) Grandparent or nonparent relative
  caregiver 55 years of age and older providing care to a child under age
  18;
(4) Grandparent or relative
  caregiver 55 years of age and older providing care to adults age 18-59 with a
  severe disability; or
(5) Primary
  caregivers providing care to an individual at least 18 years of age with a
  disability.
The individual receiving care shall be assessed using the department's
	 standard assessment. The primary caregiver shall be assessed to determine the
	 level of support necessary to maintain the caregiver in the caregiving role.
	 Assessments are conducted at least once every 12 months.
The department shall consider the individual's ability to complete the
	 tasks necessary to live safely at home, the ability to cooperate with the
	 individual care plan, and whether other resources are available to provide the
	 needed services.
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-44.
National Family Caregiver Support Act,
		42 U.S.C.
		3030
		s.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:40 - Office of adult services and aging › Chapter 67:40:20 - Caregiver support › Section 67:40:20:03 - Caregiver care plan

Current through Register Vol. 51, page 10, July 15, 2024
The department and the primary caregiver shall develop a care plan
	 based on the caregiver assessment to address the primary caregiver's needs. The
	 plan must contain the approved services and budget, the allocation amount, and
	 description of the approved tasks or duties of the selected provider.
The plan must be reviewed at least every 12 months and must be signed
	 by the primary caregiver.
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-44.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:41 - Children and youth, Transferred to 67:42 › Chapter 67:41:04 - Day care centers, Transferred to ch 67:42:10

Current through Register Vol. 51, page 10, July 15, 2024
Code Commission Note:
The substance of this chapter was
		transferred to ch 67:42:10. Sections not transferred were
		repealed.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:41 - Children and youth, Transferred to 67:42 › Chapter 67:41:05 - Group homes for minors, Transferred to ch 67:42:06

Current through Register Vol. 51, page 10, July 15, 2024
Code Commission Note:
The substance of this chapter was
		transferred to ch 67:42:06. Sections not transferred were
		repealed.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:41 - Children and youth, Transferred to 67:42 › Chapter 67:41:06 - Group care centers for minors, Transferred to ch 67:42:07

Current through Register Vol. 51, page 10, July 15, 2024
Code Commission Note:
The substance of this chapter was
		transferred to ch 67:42:07. Sections not transferred were
		repealed.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:01 - Provisions and scope of services › Section 67:42:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Alternative care," care provided in
  family foster homes, group care centers for minors, group care centers meeting
  the qualifications of residential treatment centers as defined in §
									67:42:08:01, independent living
  preparation programs, and intensive residential treatment centers;
(2) "Applicant," an individual, agency,
  institution, or organization which submits to the department an application for
  a license as provided in this article;
(3) "Case plan," a plan written in
  cooperation with a client which explains the client's social, psychological,
  medical, or economic problems, contains solutions to the problems, and
  describes the necessary steps and schedule to resolve the problems;
(4) "Client," a person receiving assistance
  or service from the department;
(5)
  "Department," the Department of Social Services;
(6) "Employee applicant," an individual
  applying to a provider for employment;
(7) "Facility," a family foster home, group
  care center for minors, residential treatment center, child placement agency,
  independent living preparation program, or intensive residential treatment
  center licensed under the provisions of this article;
(8) "Household member," a person who uses a
  facility as a permanent or part-time residence and who may have contact with
  children placed in the facility;
(9) "License," the document described in SDCL
  26-6-15 which certifies that a
  provider meets applicable licensing standards contained in this
  article;
(10) "Provider," an
  individual, agency, institution, or organization providing any of the services
  covered in this article;
(11)
  "Provider applicant," an individual, agency, institution, or organization
  applying to be a provider under this article;
(12) "Reasonable and prudent parent
  standard," the standard characterized by careful and sensible parental
  decisions that maintain the health, safety, and best interest of a child while
  at the same time encouraging the emotional and developmental growth of the
  child, that a caregiver shall use when determining whether to allow a child in
  foster care or a child care institution under the responsibility of the state
  to participate in extracurricular, enrichment, cultural and social
  activities;
(13) "Staff member" or
  "staff person," an employee or volunteer of a facility; and
(14) "Volunteer applicant," an individual
  applying to provide voluntary services for a provider.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:01 - Provisions and scope of services › Section 67:42:01:02 - Application of chapter 67:42:01

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of chapter 67:42:01 apply to alternative care homes
	 regulated by chapters 67:42:05; 67:42:07 to 67:42:09, inclusive; 67:42:13; and
	 67:42:15 unless otherwise specified.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:01 - Provisions and scope of services › Section 67:42:01:05 - Initial evaluation and approval - Renewal of license

Current through Register Vol. 51, page 10, July 15, 2024
The department's initial evaluation of the applicant includes three
	 reference checks, personal interviews, a screening for records of abuse or
	 neglect, a criminal record check, and on-site visits.
Based on the evaluation, the department shall determine whether to
	 issue a license. Renewal of a license is based on the department's annual
	 evaluation of the facility and care provided.
Family foster parent applicants must compete an initial home study
	 which includes at least one scheduled in-home interview for each household
	 member. The department has discretion on whether to interview or to observe
	 each household member based on age and development. The initial home study must
	 include three references, with at least one reference being a family member and
	 at least one reference being a non-relative.
A family foster home must complete an annual renewal
	 study.
General Authority:
SDCL
		26-6-16(1)(2)(6)(10)(11).
Law Implemented:
SDCL
		26-6-11,
		26-6-16(1)(2)(6)(10)(11),
		26-6-23.2.
Screening for substantiated reports of abuse and neglect, §
		67:42:01:05.02.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:01 - Provisions and scope of services › Section 67:42:01:05.01 - Criminal record check

Current through Register Vol. 51, page 10, July 15, 2024
The department shall secure a criminal record check to obtain
	 information concerning convictions for criminal offenses by a prospective
	 foster parent as well as any other adult living in the prospective foster home.
	 An individual is not eligible to receive a foster home license if the
	 individual or any other adult living in the prospective foster home has 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.
If an individual is seeking licensure from another child-placement
	 agency, the department shall obtain the criminal record check for the
	 child-placement agency if the child-placement agency is unable to obtain the
	 record check on its own. If the criminal record check reveals a conviction for
	 any of the crimes listed in this section, the department shall notify the
	 child-placement agency of the existence of the conviction.
For all other child welfare agencies, the department shall review the
	 provider's records to ensure that the criminal records are being secured to
	 detect convictions for any of the crimes listed in this
	 section.
General Authority:
SDCL 26-6-14.3, 26-6-16.
Law Implemented:
SDCL 26-6-14.3, 26-6-14.11,
		26-6-16.
Persons to whom criminal record requirement applies, SDCL 26-6-14.4;
		Waiver, fingerprinting and declaration as condition of employment -- Time --
		Notification of licensee by department, SDCL 26-6-14.5; Revocation or refusal
		to issue or renew license or registration for child abuse or violence, SDCL
		26-6-23.1; 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; Required criminal records checks,
		42 U.S.C. §
												671
		(a)(20).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:01 - Provisions and scope of services › Section 67:42:01:05.02 - Screening for substantiated reports of abuse and neglect

Current through Register Vol. 51, page 10, July 15, 2024
The department shall screen a provider applicant, family members and
	 other household members who are at least 18 years old, an employee of the
	 facility, an employee applicant, a volunteer, and a volunteer applicant to
	 determine if the individual has been involved in any substantiated incidents of
	 child abuse or neglect. The individual may not have a substantiated report of
	 child abuse or neglect. Substantiated reports of child abuse or neglect include
	 reports placed into the department's central registry under §
									67:14:39:03, reports placed on the
	 central registry of another state in the last ten years, and reports that were
	 investigated and substantiated by a tribal program.
If the screening locates an individual's name on the department's
	 central registry and the individual has not already been given due process on
	 the substantiation, the department shall notify the individual in writing that
	 the individual may request a hearing to refute the accuracy of the information
	 found. The hearing shall follow the provisions of SDCL
	 26-8A-11 and chapter
	 67:14:39.
If the screening locates an individual's name on the central registry
	 of another state, it is the individual's responsibility to contact the other
	 state to access the process for removal of his or her name from that state's
	 central registry. If the other state has such a process and removes the
	 individual's name from its central registry, the individual shall request the
	 other state to submit documentation to the department verifying the removal of
	 the individual's name from its central registry.
If the screening locates a report that was substantiated by a tribal
	 program, it is the individual's responsibility to contact the tribal program to
	 access the process for removal of his or her name from the record of the
	 report. If the tribal program has such a process and removes the individual's
	 name from the record of the report, the individual shall request the tribal
	 program to submit documentation to the department verifying the removal of the
	 individual's name from the record.
General Authority:
SDCL
		26-6-16(1)(6)(10).
Law Implemented:
SDCL
		26-6-11,
		26-6-16(1)(6)(10),
		26-6-23.2.
Revocation or refusal to issue or renew license or registration for
		child abuse or violence, SDCL
		26-6-23.1; Central registry
		background checks on employees, SDCL
		26-6-23.2; Substantiated reports,
		§
											67:14:39:04.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:01 - Provisions and scope of services › Section 67:42:01:05.03 - Notice to facility

Current through Register Vol. 51, page 10, July 15, 2024
The department shall notify the facility that the name of the
	 facility's employee, employee applicant, volunteer, or volunteer applicant was
	 located through the screening process when one of the following occurs:
(1) Thirty days have lapsed since the
  department notified the individual that the name was located and the individual
  has not requested a review;
(2)
  Thirty days have lapsed since a review was held which upheld the department's
  action and the individual has not requested a fair hearing;
(3) A fair hearing was held and the decision
  upheld the department's action; or
(4) A screening in a state other than South
  Dakota resulted in a finding as outlined in SDCL
  26-6-23.1.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-11,
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:01 - Provisions and scope of services › Section 67:42:01:06 - Ability to provide care

Current through Register Vol. 51, page 10, July 15, 2024
An applicant shall demonstrate the ability to provide care to a client
	 which meets the client's intellectual, physical, social, and emotional needs.
	 The applicant's ability is determined by the capacity to provide the
	 following:
(1) An understanding of,
  and encouragement and emotional support to, the client;
(2) Assistance to the client in coping with
  daily living experiences;
(3)
  Supervision of the client;
(4) If
  working with children, an understanding of child development and appropriate
  use of discipline; and
(5) Ability
  to apply the reasonable and prudent parent standard for the participation in
  age or developmentally-appropriate activities.
The applicant must also be able to participate with the department or a
	 responsible party in devising and executing a case plan for a
	 client.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-11,
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:01 - Provisions and scope of services › Section 67:42:01:06.01 - Reasonable and prudent parent standard requirements

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of the reasonable and prudent parent standard apply to
	 facilities regulated by chapters 67:42:07, 67:42:08, 67:42:09, 67:42:13, and
	 67:42:15 and require:
(1) Each
  facility shall have at least one official onsite who, with respect to any child
  placed at the child care institution, is designated to be the caregiver who is
  authorized to apply the reasonable and prudent parent standard to decisions
  involving the participation of the child in age or developmentally-appropriate
  activities;
(2) Each designated
  official shall be provided with training in how to use and apply the reasonable
  and prudent parent standard;
(3) A
  facility is not liable for harm caused to a child in an out of home placement
  if the child participates in an activity approved by the facility and the
  parent or guardian, provided that the facility has acted in accordance with the
  reasonable and prudent parent standard; and
(4) A child's treatment plan or case plan
  shall demonstrate implementation of the reasonable and prudent parent
  standard.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(3)(6)(11).
Reasonable and prudent parent standard, §
											67:42:01:01(12).
Treatment plan, §
											67:42:07:05 (group care centers
		for minors).
Treatment plan, §
											67:42:08:05 (residential treatment
		centers).
Foster care services, §
											67:42:09:17 (child placement
		agencies).
Case plan requirements, §
											67:42:13:03 (independent living
		preparation).
Treatment plan, §
											67:42:15:10 (intensive residential
		treatment centers).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:01 - Provisions and scope of services › Section 67:42:01:07 - Physical health standards required of applicant and applicant's family

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for family foster care must have a physical examination.
	 A physical examination completed within the 12 months preceding the date of 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 Department of Health's
	 requirements for immunizations. The minimum immunization requirements for a
	 child age 4 months through 6 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 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.
The department may request additional medical statements if a
	 situation, such as a change in the health of the applicant or another household
	 member, indicates that an additional medical statement is
	 desirable.
General Authority:
SDCL
		26-6-16(1)(6)(8).
Law Implemented:
SDCL
		26-6-11,
		26-6-16(1)(6)(8).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:01 - Provisions and scope of services › Section 67:42:01:12 - Reporting of incidents or changes in circumstances

Current through Register Vol. 51, page 10, July 15, 2024
The provider shall report a change in circumstance that may affect the
	 provider's ability to comply with the requirements of the provider's license or
	 ability to provide adequate care. A change in circumstance includes items such
	 as a change of address, a change in the household size, a change in the
	 household composition, a change in the condition of the facility or home, or
	 involvement with the Division of Child Protection Services or law enforcement
	 concerning allegations of child abuse or neglect. The report must be made to
	 the provider's licensing worker or agency within 24 hours after the change in
	 circumstance occurs.
The provider shall immediately report all incidents of suspected child
	 abuse or neglect either to the department or to law enforcement
	 officials.
A family foster home, group care center for minors, residential
	 treatment center, intensive residential treatment center, child placement
	 agency, and independent living preparation program must report to the placing
	 worker the occurrence of an unusual incident such as fire, death, client
	 runaway, client/provider incompatibility, or serious injury to or serious
	 illness of a client. The provider shall make the report to the placing worker
	 immediately after ensuring that children in care are safe.
General Authority:
SDCL
		26-6-16,
		28-1-39.
Law Implemented:
SDCL
		26-6-16,
		28-1-39.
Foster home services, §
											67:42:09:18; Foster home record,
		§
											67:42:09:25; Persons required to
		report child abuse or neglected child -- Intentional failure as misdemeanor,
		SDCL 26-8A-3; Oral report of abuse or
		neglect -- To whom made -- Response report, SDCL
		26-8A-8.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:01 - Provisions and scope of services › Section 67:42:01:16 - Denial of license

Current through Register Vol. 51, page 10, July 15, 2024
The department may deny a license to an applicant based on an
	 evaluation, substantiated by facts, showing that the applicant does not meet
	 standards for care.
Within 120 days after application, the applicant must receive a written
	 notice of approval or denial of a license. If the application is denied, the
	 notice must include the reasons for the denial. An applicant may reapply after
	 taking corrective action related to the reasons for the original denial of the
	 license.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Grounds for revocation or refusal to issue or renew child welfare
		agency license or registration, SDCL
		26-6-23; Revocation or refusal to
		issue or renew license or registration for child abuse or violence, SDCL
		26-6-23.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:01 - Provisions and scope of services › Section 67:42:01:18 - Revocation of license

Current through Register Vol. 51, page 10, July 15, 2024
Violation of the provisions of this article are grounds for revocation
	 of a license. Before a license is revoked, the department shall give a 30-day's
	 written notice of revocation to the provider and shall make a full disclosure
	 of the reasons for revocation. The 30-day written notice is not required if the
	 revocation is necessary to prevent danger to the life, health, or safety of a
	 client.
The provider may not reapply for a license for at least one year after
	 the date of revocation.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16,
		26-6-23,
		26-6-24.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:01 - Provisions and scope of services › Section 67:42:01:20 - Fair hearing

Current through Register Vol. 51, page 10, July 15, 2024
A provider applicant, an employee applicant, a volunteer, a volunteer
	 applicant, or a provider is entitled to a fair hearing if aggrieved or
	 dissatisfied with any action or inaction on the part of the department. Fair
	 hearings are conducted under the provisions of chapter
	 67:17:02.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16,
		26-6-24,
		28-1-39.
Administrative review and fair hearing before restricting issuance
		of licenses, §
											67:18:01:62.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:01 - Provisions and scope of services › Section 67:42:01:21 - Maintenance of records

Current through Register Vol. 51, page 10, July 15, 2024
A record must be maintained by the provider on each client. That record
	 must include the client's name, date of placement, date of removal, the names
	 and telephone numbers of the client's social worker, doctor, dentist, parent,
	 or person to contact in the event of an emergency, and any other information
	 required by the department or desired by the provider.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16,
		26-6-20.