reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:75 - Alcoholic beverages › Chapter 64:75:05 - Alcohol Taxes › Section 64:75:05:04 - Wholesaler's joint purchasing

Current through Register Vol. 51, page 10, July 15, 2024
If two or more wholesale licensees, who purchase or import alcoholic
	 beverages of any class on a joint purchase venture, and the purchase is
	 consigned to and received by a specific wholesaler as the original or prime
	 wholesaler, the consignee is liable for any applicable alcohol
	 taxes.
General Authority:
SDCL
		35-10-1(10)
Law Implemented:
SDCL
		35-5-10.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:75 - Alcoholic beverages › Chapter 64:75:05 - Alcohol Taxes › Section 64:75:05:05 - In-state purchases by wholesaler

Current through Register Vol. 51, page 10, July 15, 2024
A wholesale licensee who purchases any class of alcoholic beverage
	 from another in-state licensed wholesaler, whether the purchase constitutes a
	 joint purchase venture, shall reimburse such the original wholesaler tax- any
	 applicable alcohol taxes due on the purchase.
General Authority:
SDCL
		35-10-1(10)
Law Implemented:
SDCL
		35-5-10.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:75 - Alcoholic beverages › Chapter 64:75:05 - Alcohol Taxes › Section 64:75:05:08 - Purchase price defined

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of the tax imposed by SDCL
	 35-5-6.1, purchase price means the
	 total price, valued in money, paid or to be paid for alcoholic beverages F.O.B.
	 point of origin. Freight charges paid by the purchaser after title to the
	 alcoholic beverages passes to the purchaser are not a part of the purchase
	 price.
General Authority:
SDCL
		35-10-1(10).
Law Implemented:
SDCL
		35-5-6.1.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:75 - Alcoholic beverages › Chapter 64:75:05 - Alcohol Taxes › Section 64:75:05:09 - Computation of volume for alcohol excise tax

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of the alcohol excise tax, the computation of volume shall
	 be rounded to the nearest hundredth decimal place.
General Authority:
SDCL
		35-10-1(10).
Law Implemented:
SDCL
		35-10-1(10).
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:75 - Alcoholic beverages › Chapter 64:75:08 › Section 64:75:08:12

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		35-10-1.
Law Implemented:
SDCL
		35-10-1(6).
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:75 - Alcoholic beverages › Chapter 64:75:08 › Section 64:75:08:13

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		35-10-1.
Law Implemented:
SDCL
		35-10-1(6).
Example:
If ABC is the brand, ABC Light, ABC Dry, and
		ABC Light Wheat would be the brand
		segments.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:80 › Chapter 64:80:02 › Section 64:80:02:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 10-41-9.
Law Implemented:
SDCL 10-41-17, 10-41-34,
		10-41-44.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:80 › Chapter 64:80:04 › Section 64:80:04:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 10-41-9.
Law Implemented:
SDCL 10-40-26.
Example:
Mr. Farmer died on July 30, 1989. On the date of his death, he had a
		50 percent interest in 500 acres of an agricultural product planted on his
		land. He was entitled to $150 for this crop in federal disaster payments at the
		time of his death. The local elevator was paying $1.00 per bushel for the
		agricultural product as of July 30, 1989. The estimated yield was 25 bushels
		per acre. The unpaid cost of producing the product was $200. Using the formula,
		the taxable value of decedent's interest in the agricultural product is
		calculated as follows:
{[(25 x 500 x $1) - $200] + $150} x 50% = $6225.
25 $12,500 $12,300 $12,450 x500 - 200 + 150 x .50 x $1 $12,300
		$12,450 $ 6,225 $12,500
25
$12,500
$12,300
$12,450
x500
- 200
+ 150
x .50
x $1
$12,300
$12,450
$ 6,225
$12,500
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:80 › Chapter 64:80:06 › Section 64:80:06:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 10-41-9.
Law Implemented:
SDCL 10-40-1(1), 10-40-2.
Example:
On November 5, 1989, A, a 69-year old retired businessman who was
		recovering from a massive heart attack gave B, his son, a stock portfolio
		valued at $100,000. On January 2, 1990, he gave him a deed to all his real
		property valued at $300,000. On January 28, 1990, A died. In probating the
		estate, the remainder of A's property is used to pay the funeral expenses, the
		costs of administration, and the debts. For inheritance tax purposes, B must
		report the value of the stock portfolio and the real property under Schedule C
		of the South Dakota Inheritance Tax Report and Information for Judicial
		Determination of Inheritance Tax. The amount assigned to B is as
		follows:
Stock portfolio (Calendar year 1989) $ 100,000
Real property (Calendar year 1990) +300,000
Total value of transfers $ 400,000
less contemplation of death exemption (1989) -10,000
less contemplation of death exemption (1990) -10,000
Net taxable transfer $ 380,000
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Abbreviations and terms used in this article mean:
(1) "Applicant," an individual who has
  directly or through a caretaker relative applied for TANF from the department
  and whose application has not been denied or withdrawn;
(2) "Assistance unit," an individual or a
  group of related individuals within a household whose needs are recognized in
  one assistance grant;
(3) "BIA,"
  the Bureau of Indian Affairs;
(4)
  "Caretaker relative," a parent or relative with one of the specific degrees of
  relationship found in §
									67:10:01:06 who lives in the home
  and has the actual care and control of the child;
(5) "Dependent child," a child who has not
  attained 18 years of age or has not attained 19 years of age and is a full-time
  student in a secondary school and who has been deprived of support or care of a
  parent because of the parent's death, continued absence from the home, or
  physical or mental incapacity, or who is a child of unemployed parents who is
  living with the parents in a residence maintained by the parents as their
  home;
(6) "Department," the
  Department of Social Services;
(7)
  "Parent," the natural parent, adoptive parent, or stepparent;
(8) "Parent caretaker relative," a natural
  parent, adoptive parent, or stepparent who lives in the home and has the actual
  care and control of a child for whom assistance is applied for or
  received;
(9) "Qualified alien," a
  legal alien who arrived in the United States after August 21, 1996, who meets
  either the requirements of Pub. L. 104-193, § 431 (b) (110 Stat. 2274) (August 22, 1996) or the
  requirements of Pub. L. 104-193, § 403 (b)(2) (110 Stat. 2265) (August 22, 1996);
(10) "Recipient," an individual who is
  receiving assistance under this article whose needs are budgeted pursuant to
  chapter 67:10:05 to determine the amount of the cash payment;
(11) "Sponsor," a person, agency, or
  organization that executed an affidavit of support or similar agreement in
  behalf of an alien as a condition of the alien's entry into the United
  States;
(12) "SSI," supplemental
  security income; and
(13) "TANF,"
  temporary assistance to needy families.
General Authority:
SDCL
		28-7A-3(1).
Law Implemented:
SDCL
		28-7A-3(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:02 - Certain children eligible for assistance

Current through Register Vol. 51, page 10, July 15, 2024
A child is eligible for assistance under this article if the child is a
	 dependent child and the child and the child's assistance unit meet the criteria
	 contained in this article.
General Authority:
SDCL
		28-7A-3(1).
Law Implemented:
SDCL
		28-7A-3(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:03 - Signed application

Current through Register Vol. 51, page 10, July 15, 2024
The caretaker relative of the dependent child for whom assistance is
	 being requested must submit a signed application to the
	 department.
General Authority:
SDCL
		28-7A-3(1)(8).
Law Implemented:
SDCL
		28-7A-3(1)(8),
		28-7A-8.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:04 - Individuals who must be included in assistance unit - Option for Indian stepparent or child in foster care

Current through Register Vol. 51, page 10, July 15, 2024
Unless specifically ineligible under this article for a reason other
	 than not being needy, the following individuals must be included in the
	 assistance unit if they live in the same household as the dependent child for
	 whom assistance is being requested or for whom assistance is being
	 received:
(1) The dependent child's
  brothers and sisters, including blood-related or adoptive brothers and sisters
  who meet the definition of a dependent child;
(2) The parent of the dependent child;
  and
(3) Except for an Indian
  stepparent in Indian country who is under the exclusive jurisdiction of a tribe
  for purposes of determining the domestic relations rights of the family, the
  dependent child's stepparent.
The following individuals have the option to be included in the
	 assistance unit if they live in the same household as the dependent child for
	 whom assistance is being requested or for whom assistance is being
	 received:
(a) An Indian stepparent in
  Indian country who is under the exclusive jurisdiction of a tribe for purposes
  of determining the domestic relations rights of the family; or
(b) A child in foster care who meets the
  specified degree of relationship to be included in the assistance
  unit.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:05 - Individuals ineligible for assistance

Current through Register Vol. 51, page 10, July 15, 2024
The following individuals are ineligible for assistance under this
	 article:
(1) An individual who is
  fleeing to avoid prosecution, custody, or confinement for committing or
  attempting to commit a felony or for violating a condition of probation or
  parole;
(2) An individual who is
  convicted in a federal or state court of having made a fraudulent statement or
  representation regarding the individual's place of residence in order to
  receive Medicaid, supplemental nutrition assistance, supplemental security
  income, or TANF benefits from two or more programs simultaneously. The period
  of ineligibility is ten years and begins with the date of the
  conviction;
(3) Unless the child is
  required to be included in the assistance unit under §
									67:10:01:04, a dependent child not
  meeting the relationship criteria of §
									67:10:01:06;
(4) A parent or sibling who is an alien and
  is ineligible for TANF because the parent or sibling does not meet the
  citizenship and alienage requirements;
(5) A caretaker relative other than the
  parent;
(6) SSI recipients;
  and
(7) Other than a parent, an
  individual not meeting the definition of a dependent child.
General Authority:
SDCL
		28-7A-3(1).
Law Implemented:
SDCL
		28-7A-3(1).
Individual ineligible if convicted of certain offenses, §
											67:10:01:13.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:06 - Specific degree of relationship between child and parent or relative

Current through Register Vol. 51, page 10, July 15, 2024
Except for an emergency payment made under §
									67:10:07:13, there must be a
	 specific degree of relationship between a child and the parent or relative with
	 whom the child is living in order for the child to be eligible for assistance.
	 Acceptable degrees of relationship are as follows:
(1) Father, mother, brother, sister, uncle,
  aunt, first cousin, nephew, or niece, including those of half blood; a relative
  of the preceding generation denoted by the prefixes of grand, great, or
  great-great; first cousin once removed; and great-great-great
  grandparent;
(2) A person who
  achieves the degree of relationship specified in subdivision (1) of this
  section by the process of legal adoption;
(3) Spouses of any of the relatives specified
  in subdivisions (1) or (2) of this section, even though the marriage is
  terminated by death or divorce; and
(4) Any of the individuals listed in
  subdivisions (1), (2), or (3) of this section who have a step relationship with
  the child, even though the marriage is terminated by death or
  divorce.
General Authority:
SDCL
		28-7A-3(1).
Law Implemented:
SDCL
		28-7A-3(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:07 - Citizenship and alienage

Current through Register Vol. 51, page 10, July 15, 2024
As a condition of eligibility for assistance, an individual must
	 declare in writing whether the individual is a citizen or national of the
	 United States. If the individual is not a citizen or national of the United
	 States, the individual must declare in writing the individual's immigration
	 status and provide the department with documents that confirm the immigration
	 status.
General Authority:
SDCL
		28-7A-3(1)(12).
Law Implemented:
SDCL
		28-7A-3(1)(12).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:08 - Assistance for qualified alien

Current through Register Vol. 51, page 10, July 15, 2024
A qualified alien is ineligible for assistance under this article for
	 five years unless the alien meets the requirements contained in Pub. L. 104-193, 402(b)(2) (110 Stat. 2264) (August 22, 1996). The five-year
	 period begins with the date the alien entered the United
	 States.
General Authority:
SDCL
		28-7A-3(1)(12).
Law Implemented:
SDCL
		28-7A-3(1)(12).
Limited eligibility for designated federal programs, Pub. L. No.
		No.104-193, § 402(b) (110 Stat. 2264) (August 22,
		1996).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:09 - Residency

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible for assistance under this article, an individual must be
	 a resident of South Dakota. When determining residency, the department shall
	 consider the following:
(1) A child is
  a resident of South Dakota if the caretaker relative is a resident of South
  Dakota. The caretaker relative is considered a resident when physically present
  in the state with an expressed intent to remain, including when entering the
  state with a job commitment or when seeking employment in the state;
(2) An individual who leaves South Dakota
  voluntarily is considered a resident of the state to which the individual
  moves, unless the individual declares an intention to return to South
  Dakota;
(3) If an individual
  receives assistance from another state, the individual is not considered a
  resident of South Dakota;
(4) If a
  recipient meets residence requirements in another state but delays unreasonably
  in applying for assistance or if the recipient meets residence requirements of
  and applies in another state but the application is rejected, assistance from
  South Dakota shall be terminated;
(5) If an individual expects to be outside
  South Dakota for a temporary period of time for the purposes of attending
  school, visiting, or the like, the individual is considered a resident of South
  Dakota as long as the individual continues to provide a home to which the
  dependent child can return at any time and continues to have primary
  responsibility for the major decisions as to the dependent child's discipline
  and welfare; and
(6) If a recipient
  has lived long enough in another state to indicate that the absence is not
  temporary and is coupled with a declaration of intent to make that state the
  recipient's home, the department shall refer the recipient to the other state
  to apply for assistance. Assistance from South Dakota may continue for no more
  than three months after the referral.
General Authority:
SDCL
		28-7A-3(1).
Law Implemented:
SDCL
		28-7A-3(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:10 - Child considered to be living with caretaker relative if attending boarding school or treatment program

Current through Register Vol. 51, page 10, July 15, 2024
A child who attends a boarding school, including a school for the blind
	 or a school for the deaf, or who is in a treatment program is considered to be
	 living in the home of the caretaker relative as long as the caretaker relative
	 continues to provide a home to which the child can return at any time and
	 continues to have primary responsibility for the major decisions as to the
	 child's discipline and welfare.
General Authority:
SDCL
		28-7A-3(1).
Law Implemented:
SDCL
		28-7A-3(1).
Specific degree of relationship between child and parent or
		relative, §
											67:10:01:06.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:11 - Temporary absence of child - Caretaker relative required to notify department

Current through Register Vol. 51, page 10, July 15, 2024
Eligibility of a dependent child is not affected if the child has been
	 or is expected to be absent from the home for a period of not more than 90
	 consecutive days as long as the caretaker relative continues to provide a home
	 to which the child can return at any time and continues to have primary
	 responsibility for the major decisions as to the child's discipline and
	 welfare.
The caretaker relative must notify the department of the child's
	 absence within five days of the date it becomes clear to the parent that the
	 child will be absent for 90 days. If the caretaker relative fails to notify the
	 department, the caretaker relative is ineligible for assistance and an
	 overpayment results.
General Authority:
SDCL
		28-7A-3(1)(12).
Law Implemented:
SDCL
		28-7A-3(1)(12).
Pub. L. No. 104-193, § 408(a) (10) (110 Stat. 2139) (August 22,
		1996).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:12 - Mandatory participation in work activities

Current through Register Vol. 51, page 10, July 15, 2024
As a condition of eligibility, an individual requesting assistance
	 under this article shall participate in the work activities established in
	 chapter 67:10:06.
If an individual is ineligible for assistance under subdivision
	 67:10:01:05(1), (2), or (4), or is disqualified under the provisions of chapter
	 67:10:09, the individual shall participate in the work activities established
	 in chapter 67:10:06 as a condition of eligibility for the assistance
	 unit.
General Authority:
SDCL
		28-7A-3(2)(12),
		28-7A-10.
Law Implemented:
SDCL
		28-7A-3(2)(12),
		28-7A-10.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:13 - Individual ineligible if convicted of certain offenses (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-7A-3(1)(12).
Law Implemented:
SDCL
		28-7A-3(1)(12).
Denial of assistance for certain drug-related convictions, Pub. L. No. 104-193, § 115 (110 Stat. 2180) (August 22,
		1996).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:14 - Eligibility restrictions for a parent under age 18

Current through Register Vol. 51, page 10, July 15, 2024
Eligibility for a parent who is under age 18 and not married is limited
	 to an individual who meets all of the following criteria:
(1) Is living with a parent, legal guardian,
  or adult relative who meets the requirements of §
									67:10:01:06;
(2) Has a child in the individual's care;
  and
(3) Has completed high school
  or its equivalent or is participating in educational activities directed toward
  the attainment of a high school diploma or its equivalent.
General Authority:
SDCL
		28-7A-3(1)(12).
Law Implemented:
SDCL
		28-7A-3(1)(12).
No assistance for teenage parents who do not attend high school or
		other equivalent training program, Pub. L. No. 104-193, § 408(a)(4) (110 Stat. 2135) (August 22, 1996); No
		assistance for teenage parents not living in adult-supervised settings, Pub. L. No. 104-193, § 403 (a)(5) (110 Stat. 2136) (August 22, 1996);
		Protective payee for minor parent not living with parent, legal guardian, or
		relative, §
											67:10:07:06.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:15 - Exceptions to eligibility requirements for parents under age 18

Current through Register Vol. 51, page 10, July 15, 2024
The department shall waive the requirement contained in subdivision
	 67:10:01:14(1) if one of the following conditions exists:
(1) There is no living adult relative or
  legal guardian;
(2) No living adult
  relative or legal guardian will allow the minor parent and child to live with
  them; or
(3) The department
  determines that it is not in the best interests of the minor parent and child
  to live with an adult relative or legal guardian.
The determination made in subdivision (3) of this section is based on
	 evidence such as police reports, physician statements, and school records,
	 which indicates that the minor parent and child would be subjected to serious
	 physical or emotional harm if they were to live with an adult relative.
If the department determines that it is not in the best interests of
	 the minor parent and child to live with an adult relative, the department may
	 require the minor parent and child to live in an adult-supervised living
	 arrangement. The adult-supervised living arrangement must be approved by the
	 department and must provide parenting skills, including child development,
	 family budgeting, and health and nutrition, and other skills to promote the
	 minor parent's long-term economic independence and the well-being of the
	 child.
General Authority:
SDCL
		28-7A-3(1)(12).
Law Implemented:
SDCL
		28-7A-3(1)(12).
Exceptions to living arrangements, Pub. L. No. 104-193, § 408(a)(5)(B) (110 Stat. 2136) (August 22,
		1996).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:16 - Assistance unit ineligible after 60 months

Current through Register Vol. 51, page 10, July 15, 2024
An assistance unit that includes a parent who has received assistance
	 for 60 months is ineligible for assistance under this article unless the unit
	 meets the hardship criteria contained in § 67:10:01:16.01. This limit
	 applies to those cases in which the parent is ineligible for assistance under
	 the provisions of subdivision 67:10:01:05(1), (2), or (4) and to those cases in
	 which the parent is disqualified from assistance under the provisions of
	 chapter 67:10:09. The 60 months do not have to be consecutive and do not begin
	 to count until December 1996.
In determining the number of months the parent received assistance, the
	 department shall disregard any months during which the individual was a minor
	 child and not the head of a household or married to the head of the household
	 and any months during which the parent lived on an Indian reservation if,
	 during the month, at least 50 percent of the adults living on the reservation
	 were unemployed.
General Authority:
SDCL
		28-7A-3(1)(3)(12).
Law Implemented:
SDCL
		28-7A-3(1)(3)(12).
No assistance for more than five years, Pub. L. 104-193, § 408(a)(7) (110 Stat. 2137) (August 22, 1996); Disregard
		of months of assistance received by adult while living on an Indian reservation
		or in an Alaskan native village with 50 percent unemployment, Pub. L. No. 105-33, § 5505(d)(2)(D) (111 Stat. 611) (August 5,
		1997).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:16.01 - Hardship criteria for assistance unit ineligible after 60 months

Current through Register Vol. 51, page 10, July 15, 2024
An assistance unit that is ineligible for assistance because of the
	 limits established in §
									67:10:01:16 may continue to
	 receive cash assistance if one of the following conditions is met:
(1) The physical or mental condition of the
  parent is expected to last longer than 30 days and prevents the parent from
  entering the work force;
(2) The
  physical or mental condition of a spouse or child residing in the home is
  expected to last longer than 30 days and prevents the parent from entering the
  work force;
(3) The low
  intellectual function of the parent prevents the parent from entering the work
  force or significantly limits earning ability; or
(4) The assistance unit has a family safety
  issue that prevents the parent from entering the work force. A family safety
  issue includes instances such as the assistance unit being homeless or involved
  in a domestic abuse situation.
General Authority:
SDCL 28-7A-3(1)(3)(12).
Law Implemented:
SDCL
		28-7A-3(1)(3)(12).
State option to extend coverage beyond 60 months -- Limitations,
		45 C.F.R. §
												264.1
		(c)(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:17 - Applicants or recipients to take advantage of all income and resources

Current through Register Vol. 51, page 10, July 15, 2024
An applicant or recipient of assistance under this article must take
	 advantage of all income and resources to which the applicant or recipient is
	 entitled, such as social security, workers' compensation, and unemployment
	 compensation. Failure or refusal to do so affects the applicant's or
	 recipient's eligibility status.
General Authority:
SDCL
		28-7A-3(1).
Law Implemented:
SDCL
		28-7A-3(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:18 - Method of determining initial and continuing eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Initial and continuing eligibility for assistance is based on factual
	 statements submitted by the assistance unit. The department shall verify,
	 through personal contacts or home visits, items such as living arrangements,
	 family composition, school enrollment, resources, and income.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:19 - Applicant to provide information promptly

Current through Register Vol. 51, page 10, July 15, 2024
An applicant must provide the information and verifications needed to
	 determine initial eligibility no later than 30 days from the date of the signed
	 application. Failure to provide the needed information and verification shall
	 result in a denial of the application.
General Authority:
SDCL
		28-7A-3(1).
Law Implemented:
SDCL
		28-7A-3(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:20 - Determination of eligibility within 30 days

Current through Register Vol. 51, page 10, July 15, 2024
The period between the date the signed application is received by the
	 department and the date that the application is approved or denied may not
	 exceed 30 calendar days. If the 30th day falls on a
	 weekend or holiday, the notice shall be sent on the next working
	 day.
General Authority:
SDCL
		28-7A-3(1).
Law Implemented:
SDCL
		28-7A-3(1),
		28-7A-8.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:21 - Date financial assistance begins

Current through Register Vol. 51, page 10, July 15, 2024
Financial assistance may not begin before the date of
	 application.
General Authority:
SDCL
		28-7A-3(1).
Law Implemented:
SDCL
		28-7A-3(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:22 - Assistance denied or terminated if caseworker cannot locate recipient or applicant

Current through Register Vol. 51, page 10, July 15, 2024
The department shall terminate assistance if it cannot locate a
	 recipient. The department shall reject an application if it cannot locate the
	 applicant.
General Authority:
SDCL
		28-7A-3(1).
Law Implemented:
SDCL
		28-7A-3(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:23 - Assistance unit to report change of circumstances

Current through Register Vol. 51, page 10, July 15, 2024
An assistance unit not required to report according to §
									67:10:05:14 must notify the
	 department of any material change of circumstances within 10 days after the
	 date the change occurred.
An assistance unit required to report according to §
									67:10:05:14 is required to report
	 to the department by the 10th day of the month
	 following the month an increase in income occurred if the increase results in
	 the assistance unit's income exceeding the needs standard for the family size
	 and living arrangements according to chapter 67:10:05.
General Authority:
SDCL
		28-7A-3(1)(3)(4).
Law Implemented:
SDCL
		28-7A-3(1)(3)(4).
Completed report form required, §
											67:10:05:14.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:24 - Full determination of continuing eligibility

Current through Register Vol. 51, page 10, July 15, 2024
An assistance unit is required to complete a new application at least
	 once every 12 months. If the assistance unit does not complete the new
	 application within the required time, eligibility ceases.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3),
		28-7A-14.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:25 - Individual to supply necessary information

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the cooperation requirements contained in SDCL
	 28-7A-6, an individual must
	 provide the department with the necessary verifications to establish initial or
	 continuing eligibility or information necessary for federal reporting
	 requirements or quality control efforts. Failure or refusal to supply the
	 necessary information results in the denial of an application or the
	 termination of current benefits.
An alien who fails or refuses to obtain the cooperation of the alien's
	 sponsor is ineligible for assistance.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:26 - Individual to supply third-party liability information - Penalty

Current through Register Vol. 51, page 10, July 15, 2024
The department may request information from the individual concerning
	 the existence of actual or potential third-party liability coverage for medical
	 expenses. If the individual refuses to provide the information, the department
	 shall impose the penalty contained in §
									67:10:06:23, unless the good cause
	 criteria contained in §
									67:10:01:27 is
	 met.
General Authority:
SDCL
		28-7A-3(4).
Law Implemented:
SDCL
		28-7A-3(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:27 - Good cause for refusing to cooperate

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of SDCL
	 28-7A-6, an individual may
	 establish good cause for refusing to cooperate when evidence of one or more of
	 the following situations is presented to the department and the department
	 decides that it would not be in the best interest of the child or caretaker
	 relative to require the individual to cooperate:
(1) The child for whom support is sought was
  conceived as a result of incest or forcible rape;
(2) Legal proceedings for the child's
  adoption are pending in court;
(3)
  Physical or emotional harm can reasonably be expected to come to the child for
  whom support is being sought;
(4)
  Physical or emotional harm can reasonably be expected to come to the mother or
  other caretaker relative with whom the child is living which would
  significantly reduce her capacity to care for the child; or
(5) The department, a licensed private social
  services agency, or a tribal or BIA social services agency is currently
  assisting the applicant or recipient to decide whether a child should be kept
  or relinquished for adoption and this assistance has not exceeded three
  months.
General Authority:
SDCL
		28-7A-3(1)(4)(12).
Law Implemented:
SDCL
		28-7A-3(1)(4)(12).
Reduction or elimination of assistance for noncooperation in
		establishing paternity or obtaining child support, Pub. L. No. 104-193, § 488(a)(2) (110 Stat. 2135) (August 22,
		1996).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:28 - Good cause - Individual to provide timely evidence - Extensions - Failure to respond

Current through Register Vol. 51, page 10, July 15, 2024
An individual who submits a written good cause claim under §
									67:10:01:27 must provide
	 confirming evidence within 20 days after the date the claim was made to the
	 department. The department shall allow an extension of time if it determines
	 that the individual requires the extension because of difficulty in obtaining
	 evidence. If the individual does not respond within 20 days or within the
	 extension period, the department shall determine that good cause does not exist
	 and the notice requirements of §
									67:10:01:33
	 apply.
General Authority:
SDCL
		28-7A-3(1)(4).
Law Implemented:
SDCL
		28-7A-3(1)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:29 - Evidence of good cause

Current through Register Vol. 51, page 10, July 15, 2024
To meet the requirements of §
									67:10:01:27, the department shall
	 accept any of the following as evidence of good cause:
(1) Birth certificates or medical, law
  enforcement, or child protection agency records which indicate that the child
  was conceived as a result of incest or forcible rape;
(2) Court documents or other records which
  indicate that legal proceedings for adoption are pending in court;
(3) Court, medical, criminal, child
  protection agency, social services, psychological, or law enforcement records
  which indicate that the alleged or absent parent might inflict physical or
  emotional harm on the child or caretaker relative;
(4) Medical records which indicate the
  emotional health history and present health status of the caretaker relative or
  the child for whom support is sought; or written statements from a mental
  health professional indicating a diagnosis or prognosis concerning the
  emotional health of the caretaker relative or the child;
(5) A written statement from a public or
  private agency confirming that the caretaker relative is being assisted in
  resolving the issue of whether to keep the child or give it up for adoption;
  or
(6) Sworn statements from
  individuals, other than the applicant or recipient, with knowledge of the
  circumstances which provide the basis for the good cause claim.
General Authority:
SDCL
		28-7A-3(1)(4).
Law Implemented:
SDCL
		28-7A-3(1)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:30 - Criteria for basing good cause on emotional harm

Current through Register Vol. 51, page 10, July 15, 2024
The department shall determine that emotional harm exists if the
	 individual can demonstrate that an emotional impairment substantially affects
	 the individual's ability to function. The department considers the following
	 when determining that emotional harm exists:
(1) The present emotional state of the
  applicant or recipient subject to harm;
(2) The emotional health history of the
  applicant or recipient subject to harm;
(3) The intensity and probable duration of
  emotional impairment;
(4) The
  degree of cooperation required as set forth in §
									67:10:01:25; and
(5) The degree of involvement of the
  applicant or recipient in establishing paternity or enforcement
  activity.
General Authority:
SDCL
		28-7A-3(1)(4).
Law Implemented:
SDCL
		28-7A-3(1)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:31 - Department to investigate good cause claims

Current through Register Vol. 51, page 10, July 15, 2024
The department may investigate any good cause claim; however, the
	 department shall investigate all good cause claims which are based on
	 anticipated physical harm whenever the claim of physical harm cannot be
	 supported by the evidence and the department believes the claim is
	 credible.
General Authority:
SDCL
		28-7A-3(1)(4).
Law Implemented:
SDCL
		28-7A-3(1)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:32 - Departmental contact with absent parent

Current through Register Vol. 51, page 10, July 15, 2024
While conducting a good cause investigation, the department may
	 determine that it is necessary to contact the absent parent. Before contacting
	 the absent parent, the department shall notify the applicant or recipient of
	 its intention to contact the absent parent and shall allow the applicant or
	 recipient to:
(1) Present additional
  information or evidence that good cause exists;
(2) Decide not to receive
  assistance;
(3) Withdraw the good
  cause claim;
(4) Request a hearing;
  or
(5) If the child is not required
  to be a part of the assistance unit according to §
									67:10:01:04, have the child
  removed from the application.
The department may not contact the absent parent if the applicant or
	 recipient chooses to exercise any of the above options.
General Authority:
SDCL
		28-7A-3(1)(4).
Law Implemented:
SDCL
		28-7A-3(1)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:33 - Department to determine good cause and notify individual - Contents of notice

Current through Register Vol. 51, page 10, July 15, 2024
Based on the evidence supplied by the individual or the department's
	 own investigation, or a combination of both, the department shall determine
	 whether good cause exists. If the department determines that good cause does
	 not exist, the department shall notify the individual according to §§
									67:10:10:02 and
	 67:10:10:03. The notice shall
	 afford the individual the opportunity to agree in writing to cooperate;
	 withdraw the application; have the case closed; request a hearing; or, if the
	 child is not required to be a part of the assistance unit according to §
									67:10:01:04, have the child
	 removed from the application. The notice shall include a statement that the
	 individual's refusal to cooperate will result in ineligibility for
	 assistance.
General Authority:
SDCL
		28-7A-3(1)(4).
Law Implemented:
SDCL
		28-7A-3(1)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:34 - Biannual redetermination of good cause - Notice of rescindment

Current through Register Vol. 51, page 10, July 15, 2024
The department shall biannually review all approved good cause claims
	 which are established on circumstances subject to change. If the department
	 determines that good cause no longer exists, it shall rescind the original good
	 cause determination and shall notify the recipient of this fact and the reasons
	 for the rescindment. The notice shall afford the recipient the opportunity to
	 agree in writing to cooperate; have assistance terminated or, if the child is
	 not required to be a part of the assistance unit according to §
									67:10:01:04, remove the specific
	 child from the grant; reestablish the good cause claim; or appeal the
	 department's determination by requesting a fair hearing under chapter
	 67:17:02.
General Authority:
SDCL
		28-7A-3(3)(4).
Law Implemented:
SDCL
		28-7A-3(3)(4),
		28-7A-14.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:35 - Availability of information

Current through Register Vol. 51, page 10, July 15, 2024
Information in the department's possession that concerns an applicant
	 or recipient is considered confidential, and its use is limited to purposes
	 directly related to the administration of the TANF program. The following uses
	 or purposes are considered to be directly related to the administration of the
	 TANF program:
(1) Establishing
  eligibility for the TANF program;
(2) Determining the amount of TANF
  assistance;
(3) Providing services
  to or on behalf of an eligible individual; and
(4) Conducting or assisting in an
  investigation, prosecution, or civil or criminal proceeding relating to the
  administration of the TANF assistance program.
For purposes of a fair hearing, the appellant or a representative of
	 the appellant must have an opportunity, during normal office hours, to examine
	 the contents of the appellant's case record and all documents and records to be
	 used by the department at the hearing.
On request from a federal, state, tribal, or local law enforcement
	 officer, the department shall furnish the officer with the current address of
	 any recipient. The information must be needed to enable the law enforcement
	 office to conduct official duties.
General Authority:
SDCL
		28-7A-3(12).
Law Implemented:
SDCL
		28-7A-3(12).
Exchange of information with law enforcement agencies, Pub. L. No. 104-193, § 408(a)(9)(B) (110 Stat. 2139) (August 22, 1996).
Public assistance records confidential -- Exceptions, SDCL
		28-1-29.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:01 - General provisions › Section 67:10:01:35.01 - Release of confidential information

Current through Register Vol. 51, page 10, July 15, 2024
An individual or entity outside of the department requesting
	 confidential information about an applicant or recipient must make the request
	 in writing. The information being requested must be for the purposes provided
	 in §
									67:10:01:35.
The department must receive an authorization form completed and signed
	 by the applicant or recipient or the applicant's or recipient's parent or
	 guardian before the department may release any confidential information. The
	 department must have the original, completed, and signed form in its possession
	 before releasing any confidential information.
The department may not disclose information received from a source
	 other than the applicant or recipient or the applicant's or recipient's parent
	 or guardian even if an authorization form regarding the requested information
	 is provided to the department.
Federal agencies that oversee the department's TANF program, other
	 federally-funded, state-administered public assistance programs, and other
	 state-administered programs that have data use agreements with the department
	 are exempt from the provisions of this section.
General Authority:
SDCL
		28-7A-3(12).
Law Implemented:
SDCL
		28-7A-3(12).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:02 - Deprivation › Section 67:10:02:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Disability/incapacity consultation
  team," a three-member team consisting of a consultant physician, a consultant
  nurse, and a representative from the department;
(2) "Unemployment insurance" or "UI,"
  unemployment insurance benefits available through the Department of Labor and
  Regulation.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).