reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 5 - LICENSING › Subarticle 1 - DAY CARE FACILITIES › FAMILY DAY CARE HOMES (PROVIDE CARE FOR NO MORE THAN SIX CHILDREN) › Section 114-534 - Health, Sanitation, and Safety

Current through Register Vol. 48, No. 6, June 28, 2024
A. Child Health and Safety
(1) Children shall be excluded from care when they exhibit conditions listed in the DHEC Exclusion Policy.
(2) During the hours of operation:
(a) There shall be no use of non-prescription narcotic or illegal substances;
(b) There shall be no consumption of alcoholic beverages on the premises;
(c) There shall be no smoking or vaping inside or where children are present;
(d) There shall not be any people who appear to be under the influence of alcohol or other drugs on the premises.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 5 - LICENSING › Subarticle 1 - DAY CARE FACILITIES › FAMILY DAY CARE HOMES (PROVIDE CARE FOR NO MORE THAN SIX CHILDREN) › Section 114-535 - Physical Site

Current through Register Vol. 48, No. 6, June 28, 2024
A. Indoor Space
(1) Home structure
(a) Floors, walls and ceilings shall be kept clean, in good repair and free from hazards.
(b) All rooms shall be adequately lighted and ventilated. Lights and ventilation systems shall comply with the local and/or state building codes.
(c) There shall be areas protected from general walkways within the family child care home where crawling children can be on the floor to explore.
(d) Interior stairs that are not enclosed shall have a barrier to prevent falls and shall have a nonskid surface.
(e) Electrical outlets shall be covered with a child proof cover, safety plug, or other safety barrier to prevent electrical shock when not in use.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 5 - LICENSING › Subarticle 1 - DAY CARE FACILITIES › FAMILY DAY CARE HOMES (PROVIDE CARE FOR NO MORE THAN SIX CHILDREN) › Section 114-536 - Food

Current through Register Vol. 48, No. 6, June 28, 2024
A. Meal Requirements
(1) Nutritious meals and/or snacks shall be provided every four (4) hours.
(2) A full serving of milk, or a nutritionally equivalent substitution, shall be offered a minimum of one time per day.
(3) If the family child care home provides overnight care, a dinner and evening snack shall also be served.
(4) When the family child care home provides food, it shall be in good condition, free from spoilage and contamination, and safe for human consumption.
(5) Safe water for drinking shall be accessible to children through the day.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 5 - LICENSING › Subarticle 1 - DAY CARE FACILITIES › FAMILY DAY CARE HOMES (PROVIDE CARE FOR NO MORE THAN SIX CHILDREN) › Section 114-537 - Infant Care

Current through Register Vol. 48, No. 6, June 28, 2024
A. Safe Sleep
(1) Infants shall be placed on their backs to sleep in a crib on a flat non-inclined surface.
(2) Infants shall sleep in a crib that meets the requirements of the U.S. Consumer Product Safety Commission (CPSC). Operator shall obtain and keep on file crib compliance certificates.
(3) Individual, comfortable, and sanitary cribs for sleeping and resting shall be provided.
(4) Cribs shall be made of easily cleanable material.
(5) Placement of cribs shall allow caregivers to have ready access to each child.
(6) Operator shall not allow infants to sleep in car seats, bean bag chairs, infant swings, play pens, high chairs, or any other equipment other than an approved crib.
(7) Caregiver shall visually check on infants every fifteen (15) minutes while sleeping, and the child shall be removed from the crib upon waking.
(8) There shall be no other materials in the crib while the infant is in the crib, including pillows, bumpers, stuffed toys, wedges, etc.
(9) Crib mobiles shall not be permitted for infants or toddlers who can sit.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 5 - LICENSING › Subarticle 9 - RESIDENTIAL GROUP CARE FACILITIES FOR CHILDREN › Section 114-591 - Organization and Administration

Current through Register Vol. 48, No. 6, June 28, 2024
A. Purpose and Need.
(1) At the time of application for licensing of a new facility, a facility shall submit:
(a) A detailed description of the why there is a need for this particular facility and any facts that support the applicant's assertion for that need.
(b) Letters of support documenting a need for their services from at least three community partners, including referral sources (e.g. Department of Social Services, Department of Juvenile Justice, Department of Disabilities and Special Needs, etc.).
(c) A concise written statement addressing the following:
(i) Definitive statement of purpose and objectives with respect to type of residential child care to be provided;
(ii) Description of services offered;
(iii) Ages and genders of children accepted;
(iv) Types of children accepted (e.g., abused/neglected, emotionally disturbed, dependent/neglected, status offenders, etc.);
(v) The geographical areas from which children are accepted.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 5 - LICENSING › Subarticle 9 - RESIDENTIAL GROUP CARE FACILITIES FOR CHILDREN › Section 114-592 - Physical Environment and Safety

Current through Register Vol. 48, No. 6, June 28, 2024
A. Physical Plant and Environment.
(1) Zoning Compliance and Building Codes.
(a) The construction of a new facility, the
				conversion of an existing building for residential child care purposes, or the
				remodeling of a facility shall comply with all applicable local zoning
				regulations and local and state building and fire codes.
(b) Architectural plans for new construction
				or structural changes shall be approved by the appropriate authority and meet
				all required codes prior to construction.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 5 - LICENSING › Subarticle 9 - RESIDENTIAL GROUP CARE FACILITIES FOR CHILDREN › Section 114-593 - Services to Children

Current through Register Vol. 48, No. 6, June 28, 2024
A. Principles
				for Nurturing Care.
(1) The facility shall do
				all of the following:
(a) Provide a safe,
				stable, and humane environment.
(b)
				Encourage a child's autonomy, respect a child's need for privacy, and consider
				a child's preferences and choices while providing care, supervision, and
				training.
(c) Provide care that is
				respectful toward the beliefs, interpersonal styles, attitudes and behaviors of
				children and families of various cultures.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 5 - LICENSING › Subarticle 9 - RESIDENTIAL GROUP CARE FACILITIES FOR CHILDREN › Section 114-594 - Additional Requirements for Specified Group Home Populations

Current through Register Vol. 48, No. 6, June 28, 2024
A. Care for LGBTQ+ Youth.
APPLICABILITY. If a facility admits LGBTQ+ children, the additional requirements outlined in this section must be met.
(1) The facility shall not automatically isolate or segregate LGBTQ+ youth. The facility shall not assign transgender youth to the boys or girls unit strictly according to their anatomical sex. The facility shall accept the gender identity of the youth in question.
(2) The facility shall work with individual LGBTQ+ youth to identify the most appropriate housing assignment in a facility, given the youth's specific preferences, needs, and characteristics.
(3) The facility shall make assignments to a unit, room, or roommate according to the youth's preferences, personality, background, age, developmental status, health status, sophistication, social skills, behavioral history, and other factors that might influence his or her adjustment and contribute to a safe and successful experience.
(4) The facility shall never place an LGBTQ+ youth in a room with another youth who is overtly hostile toward or demeaning of LGBTQ+ individuals.
(5) To avoid subjecting a transgender youth to unnecessary risk of harm, the facility shall work with the youth to determine the best solution for using bathroom and shower facilities. Appropriate solutions might include:
(a) Installing privacy doors or other barriers on bathroom stalls and showers that also permit reasonable staff supervision;
(b) Making single-use bathroom and shower facilities available to transgender youth;
(c) Permitting transgender youth to use the bathroom and shower facilities before or after the other youth on the unit.
(6) Facilities shall make similar accommodations to ensure that transgender youth have sufficient privacy when dressing and undressing.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 5 - LICENSING › Subarticle 9 - RESIDENTIAL GROUP CARE FACILITIES FOR CHILDREN › Section 114-595 - Licensing and Enforcement

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				License.
(1) The terms of the license and the
				number, age and gender of children to be served will be stated on the license
				issued.
(2) The license shall be
				displayed at the facility at all times.
(3) The facility shall not deviate from the
				provisions specified in the license issued.
(4) The license is not transferable, is
				specific to the location, owner, and existing buildings at the time of
				licensure. However, when there is a change in ownership, in determining whether
				the new owner meets the requirements for issuance of a standard license, the
				department may accept current findings and conclusions that support issuing a
				standard license when the findings and conclusions were made within one year of
				the change in ownership.
(5)
				Standard License.
(a) A standard license will
				be issued when a facility meets all applicable regulations. A Standard License
				is effective for two years from the date of issuance.
(6) Standard with Temporary Waiver License.
(a) A Standard with Temporary Waiver License
				may be granted at the discretion of the State Director of the Agency when a
				facility temporarily lacks a requirement that does not affect the health and
				safety of children.
(b) To change
				the status of the license to a Standard License, the facility shall submit to
				the Agency written notification and evidence that the deficiency has been
				corrected. This documentation is subject to verification at the discretion of
				the Agency.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 7 - TRAINING GRANTS AND CONTRACTS › Section 114-710 - Training Grants and Contracts

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Definitions
(1) Grant--the term used to
			 describe the method of funding an educational or training program to be carried
			 out by an educational institution on behalf of the agency. Such grants are
			 actually formula grants; that is, they consist of seventy-five percent federal
			 funds and twenty-five percent matching funds supplied by the grantee, and are
			 awarded on a reimbursable basis as costs are incurred.
(2) Educational Institution--an accredited
			 school, college, or university of the post-secondary, undergraduate, or
			 graduate level.
(3) Expert--an
			 individual, firm, or agency that possesses by virtue of training, education, or
			 experience the ability to develop or implement any or all portions of a
			 training or educational program needed by the agency.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 10 - GENERAL PROVISIONS FOR ARTICLES 15 AND 19 › Section 114-1010 - Definitions and General Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Definitions.
(1) Applicant--a person who has, directly, or
			 through his authorized representative, made application for public assistance
			 to the County Department of Social Services and whose application has not been
			 terminated or disposed of by appropriate County Department action.
(2) Authorized Representative--someone who is
			 acting for another individual with his knowledge and consent and who has
			 knowledge of the other individual's circumstances.
(3) Application--the action taken by a person
			 or his duly authorized representative by signing a completed application form
			 requesting financial or medical assistance.
(4) Effective Date of Application--the date
			 on which the application form is completed and signed by the applicant or his
			 authorized representative.
(5)
			 Inquiry--a request for information about eligibility requirements for public
			 assistance.
(6) Referral--request
			 for information, service, or aid in behalf of an individual by an agency,
			 institution, or another person.
(7)
			 Application Process--all activities from the time an application is accepted
			 until the receipt of payment or other disposition of the application.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 10 - GENERAL PROVISIONS FOR ARTICLES 15 AND 19 › Section 114-1020 - Application and Redetermination Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A. Applications for public assistance shall
			 be filed at the County Department of Social Services Office located in the
			 county in which the applicant actually resides at the time of application. For
			 children in Regular foster care, the application shall be filed in the county
			 where the court order was issued, if different from the county of current
			 residence.
(1) An application shall be taken
			 without delay and the individual may apply for whatever category of assistance
			 he chooses.
(2) The county
			 department shall make every reasonable effort to help the applicant establish
			 his eligibility.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 10 - GENERAL PROVISIONS FOR ARTICLES 15 AND 19 › Section 114-1090 - Termination, Suspension or Reduction of Benefits

Current through Register Vol. 48, No. 6, June 28, 2024
A. In cases where assistance is to be
			 terminated, suspended, or reduced the agency shall give timely and adequate
			 notice.
(1) "Timely" means that the notice is
			 mailed at least ten days before the date of action, that is, the date upon
			 which the action is to become effective.
(2) "Adequate" means a written notice that
			 includes a statement of the action the agency intends to take, the reasons for
			 the intended action, the specific regulations supporting such action,
			 explanation of the individual's right to request a fair hearing, and the
			 circumstances under which assistance will be continued if a hearing is
			 requested.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 11 - FAMILY INDEPENDENCE PROGRAM › Section 114-1100 - General

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Family
			 Independence Program is operated by the State in accordance with Title IV-A of
			 the Social Security Act. The Department of Social Services is the designated
			 Single State Agency to operate the Temporary Assistance for Needy Families
			 Program funded under Title IV-A of the Social Security Act.
B. The Department shall specify the groups of
			 individuals, based on reasonable classifications, that will be included in the
			 Program, and all the conditions of eligibility that must be met by the
			 individuals in the groups. The groups selected for inclusion in the State Plan
			 and the eligibility conditions imposed must not exclude individuals or groups
			 on an arbitrary or unreasonable basis, and must not result in inequitable
			 treatment of individuals or groups.
C. Eligibility conditions must be applied on
			 a consistent and equitable basis throughout the State.
D. Eligibility conditions or Department
			 procedures or methods must not prevent an individual from applying and
			 obtaining a determination of eligibility or ineligibility.
E. Methods of determining eligibility must be
			 consistent with the objective of assisting all eligible persons to
			 qualify.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 11 - FAMILY INDEPENDENCE PROGRAM › Section 114-1120 - Application and Application Processing

Current through Register Vol. 48, No. 6, June 28, 2024
A. Application for Assistance. Each
			 individual wishing to do so shall have the opportunity to apply for assistance
			 without delay. Under this requirement:
(1)
			 The Department shall require a written application, signed under a penalty of
			 perjury, on a form prescribed by the Department (including those items in
			 Section
			 43-5-65(a)
			 of the 1976 South Carolina Code), from the applicant himself, or his authorized
			 representative, or, where the applicant is incompetent or incapacitated,
			 someone acting responsibly for him.
(2) An applicant may be assisted, if he so
			 desires, by an individual(s) of his choice (who need not be a lawyer) in the
			 various aspects of the application process and the redetermination of
			 eligibility and may be accompanied by such individual(s) in contacts with the
			 Department and when so accompanied may also be represented by them.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 11 - FAMILY INDEPENDENCE PROGRAM › Section 114-1130 - Non-Financial Criteria

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Relationship. A child may be considered to meet the requirement of living with
			 a specified relative if his or her home is with a parent or a person in one of
			 the following groups:
(1) Any blood relative,
			 including those of half-blood, and including first cousins, first cousins once
			 removed, nephews, or nieces, and persons of preceding generations as denoted by
			 prefixes of grand, great, or great-great.
(2) Stepfather, stepmother, stepbrother, and
			 stepsister.
(3) Persons who legally
			 adopt a child or his parent as well as the natural and other legally adopted
			 children of such persons, and other relatives of the adoptive parents in
			 accordance with State law.
(4)
			 Spouses of any persons named in the above groups even after the marriage is
			 terminated by death or divorce.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 11 - FAMILY INDEPENDENCE PROGRAM › Section 114-1140 - Financial Criteria

Current through Register Vol. 48, No. 6, June 28, 2024
A. Need
			 Standard
(1) The Department has a fully
			 consolidated need standard and all needs are included in a flat amount per
			 family size.
(2) The FI need
			 standard, by family size, is set by the Department at fifty percent of the
			 current year's "Health and Human Services Poverty Guidelines for All States
			 (except Alaska and Hawaii) and the District of Columbia." The Department shall
			 adjust the need standard annually after the State's General Appropriation Act
			 is passed and signed by the Governor. The standard will be uniformly applied
			 throughout the State.
(3) The
			 Department does not meet full need as defined by its need standard; therefore,
			 it uses a ratable reduction to control the amount of the benefit. The need
			 standard, by family size, multiplied by the ratable reduction percentage
			 determines the Department's Payment Standard. The ratable reduction is set by
			 the Department annually based on the amount of money appropriated for FI
			 benefits in the General Appropriations Act, also taking into account the
			 anticipated number of FI recipients to whom benefits will be paid in the next
			 State fiscal year. The Department may adjust the ratable reduction during the
			 fiscal year if the anticipated number of recipients increases or decreases. The
			 need standard, payment standard and ratable reduction are available at the
			 Department's State Office, Columbia, South Carolina.
(4) The FI benefit will be rounded down to
			 the next lower whole dollar when the result of determining the standard of need
			 or the payment amount is not a whole dollar. Proration to determine the amount
			 of payment for the month of application must occur before rounding to determine
			 the payment amount for that month.
(5) In the case of FI, no payment of
			 assistance shall be made to an assistance unit in any month in which the amount
			 of assistance prior to any adjustments is determined to be less than ten
			 dollars.
(6) An assistance unit
			 that is denied assistance because of the limitation specified in (5) of this
			 section or because the payment amount is determined to be zero as a result of
			 rounding down the payment shall be deemed a recipient for all other
			 purposes.
(7) A month in which a
			 recipient does not receive a cash benefit, regardless of the reason, does not
			 count as a month against the time limit.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 11 - FAMILY INDEPENDENCE PROGRAM › Section 114-1150 - Determination of Benefits

Current through Register Vol. 48, No. 6, June 28, 2024
A. Gross
			 Income Limit. Gross monthly countable earned and unearned income of the Family
			 Independence benefit group must not exceed 185 percent of the need standard by
			 family size. The gross income limit is an initial screen of eligibility for
			 assistance.
B. Earned Income and
			 Unearned Income.
(1) Earned income means
			 gross earned income prior to any deductions for taxes or for any other
			 purposes. Such earned income may be derived from an applicant's or recipient's
			 own employment, such as a business enterprise, or farming; or derived from
			 wages or salary received as an employee. It includes earnings over a period of
			 time for which settlement is made at one given time, as in the instance of the
			 sale of farm crops, livestock, or poultry.
(2) With reference to commissions, wages, or
			 salary, earned income means the total amount, irrespective of personal
			 expenses, such as income-tax deductions, lunches, and transportation to and
			 from work, and irrespective of expenses of employment which are not personal,
			 such as the cost of tools, materials, special uniforms, or transportation to
			 call on customers.
(3) With respect
			 to self-employment income, earned income means the total profit from a business
			 enterprise, farming, etc., resulting from a comparison of the gross receipts
			 with the business expenses (i.e., expenses directly related to producing the
			 goods or services and without which the good or services could not be
			 produced). The profit shall be as determined using Internal Revenue Service
			 methods.
(4) With regard to the
			 degree of activity, earned income is income produced as a result of the
			 performance of services by a recipient; in other words, income which the
			 individual earns by his own efforts, including managerial responsibilities,
			 would be properly classified as earned income, such as management of capital
			 investment in real estate. Conversely, in the instance of capital investment
			 wherein the individual carries no specific responsibility, such as where rental
			 properties are in the hands of rental agencies and the check is forwarded to
			 the recipient, the income would not be classified as earned income.
(5) Unearned income is any income that does
			 not meet the definitions of earned income above, such as direct child support,
			 social security benefits, interest, dividends and gifts.
(6) Unemployment compensation benefits are
			 treated as unearned income in the budgeting process.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 11 - FAMILY INDEPENDENCE PROGRAM › Section 114-1170 - Safeguarding Information

Current through Register Vol. 48, No. 6, June 28, 2024
A. The use
			 or disclosure of information concerning applicants and recipients will be
			 limited to purposes directly connected with:
(1) The administration of the Family
			 Independence Program. Such purposes include establishing eligibility,
			 determining the amount of assistance, and providing services for applicants and
			 recipients.
(2) Any investigation,
			 prosecution, or criminal or civil proceeding conducted in connection with the
			 administration of any such plans or programs.
(3) The administration of any other Federal
			 or federally assisted program which provides assistance, in cash or in kind, or
			 services directly to individuals on the basis of need.
(4) Any audit or similar activity (review of
			 expenditure reports or financial review) conducted in connection with the
			 administration of any such plan or program by any governmental entity which is
			 authorized by law to conduct such audit or activity.
(5) The administration of a State
			 unemployment compensation program.
(6) The reporting to the appropriate agency
			 or official of information on known or suspected instances of physical or
			 mental injury, sexual abuse or exploitation, or negligent treatment or
			 maltreatment of a child receiving aid under circumstances which indicate the
			 child's health or welfare is threatened.
(7) The Department, in its sole discretion,
			 may permit access to client information, on a confidential basis to
			 non-Departmental entities, for research purposes where the research may provide
			 greater knowledge about program affects and outcomes or administrative
			 improvements in the Family Independence Program.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 11 - FAMILY INDEPENDENCE PROGRAM › Section 114-1180 - Appeals and Hearings

Current through Register Vol. 48, No. 6, June 28, 2024
A. Fair
			 Hearings for FI applicants or recipients are provided for in
			 R.114-110.
B. Hearings are denied
			 when changes in Federal or State law or Department policy require automatic
			 benefit adjustments except if the appeal is a challenge of the correctness of
			 the benefit computation.
C. When a
			 hearing is requested within ten days after receipt of an adequate and timely
			 notice, FI benefits are not continued unless the recipient specifically
			 requests in writing that they be paid pending the hearing decision. The
			 recipient must be informed that an adverse hearing decision will require the
			 repayment of the benefits paid pending the hearing decision.
D. The Department does not extend the result
			 of a hearing decision or court order to others in the same situation as those
			 directly affected by the court order unless the order so states.
E. The Department allows hearings to be
			 conducted by telephone or any other method that substitutes for a personal
			 appearance.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 11 - FAMILY INDEPENDENCE PROGRAM › Section 114-1190 - Conflict between Federal and State Laws or Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
When the requirements of State and federal regulations or laws
				are not in agreement the requirements of the federal regulations or laws shall
				prevail.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 11 - FAMILY INDEPENDENCE PROGRAM › Section 114-1192 - Pilot and Demonstration Projects

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may conduct pilot or demonstration projects in
				the Family Independence Program to achieve more effective and efficient use of
				Family Independence funds, reduce the dependency of Family Independence
				recipients, to improve the living conditions and/or increase the incomes of
				Family Independence recipients. Such projects or demonstrations may be
				conducted without the requirement to amend the State Regulations currently in
				effect.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 13 - FOOD STAMP PROGRAM › Section 114-1300 - General

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Food Stamp
			 Program (FSP) is administered by the Food and Nutrition Service, United States
			 Department of Agriculture. The Food Stamp Program (FSP) is authorized by the
			 Food Stamp Act of 1977, as amended. The eligibility provisions of the Act are
			 further developed in Title 7, Code of Federal Regulations, Parts 210 through
			 299.
(1) If an alternative is provided and
			 the State does not select the alternative, the primary federal regulation
			 prevails.
(2) Certain parts of
			 these regulations permit the State to select options regarding FSP eligibility
			 criteria. The State follows the federal regulations where no options are
			 permitted.
(3) The State may also
			 submit "waivers" of federal regulations to Food and Nutrition Service for
			 approval that will permit the State to operate certain parts of the FSP
			 according to regulations developed by the state and different than those
			 specified in the Code of Federal Regulations. Such "waivers" are approved for a
			 certain period of time and must be resubmitted for renewal prior to the end of
			 the approved time period.
The State Regulations for the FSP address only the areas where
				the federal regulations allow the State to chose an option or where the State
				has obtained a waiver from those regulations.
The Department of Social Services is the designated single
				State Agency to operate the FSP.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 13 - FOOD STAMP PROGRAM › Section 114-1310 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Applicant"
			 means a person who has directly or through his authorized representative made
			 application for Food Stamps (FS) to the County Department of Social Services
			 (CDSS) and whose application has not been denied by appropriate CDSS
			 action.
B. "Application" means the
			 action taken by a person or his duly authorized representative by signing an
			 application form requesting FS.
C.
			 "Authorized Representative" means someone who is acting for another individual
			 with his knowledge and consent and who has knowledge of the other individual's
			 circumstances.
D. "Benefit" means
			 the dollar amount of coupons or benefits provided to the FS benefit
			 group.
E. "Benefit Group" means all
			 the persons whose income and deductions must be included in the computation of
			 the FS benefit amount.
F.
			 "Certification Period" means the period for which benefits are
			 authorized.
G. "Department" means
			 the South Carolina Department of Social Services.
H. "Effective Date of Application" means the
			 date on which an application that includes the applicant's name, address and
			 signature or authorized representative's signature is filed at the
			 CDSS.
I. "Initial Month" means the
			 first month for which the benefit group is certified for FS.
J. "Recertification" means the action taken
			 by the benefit group to reapply for FS after the expiration of the
			 certification period.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 13 - FOOD STAMP PROGRAM › Section 114-1330 - Income and Deductions

Current through Register Vol. 48, No. 6, June 28, 2024
A. In
			 addition to a monthly Standard Utility Allowance for households which incur a
			 heating or cooling expense during the year, the State will offer a monthly
			 Basic Utility Allowance for households which do not incur a heating or cooling
			 expense during the year shall be determined by the Department. The standards
			 shall be reviewed and updated annually using a statistically acceptable
			 sampling procedure to establish a normative utility cost incurred by food stamp
			 recipients.
B. The State will allow
			 homeless food stamp recipient households to claim a monthly shelter deduction
			 based on the actual costs that the household incurs.
C. The State will count a pro rata share of
			 the gross income of an ineligible alien toward the total income of the food
			 stamp budget group.
D. The State
			 will submit to FNS for renewal every two years, the "waiver" to accept the
			 benefit group's statement as verification for interest income in the amount of
			 $10 or less per month or $120 or less per year.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 13 - FOOD STAMP PROGRAM › Section 114-1335 - Disqualifications and Sanctions

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 State will sanction an individual recipient who fails to cooperate with Food
			 Stamp work requirements for the time periods shown below. The non-compliant
			 recipient must serve the entire sanction period (unless they become exempt from
			 work registration requirements, at which time the sanction is lifted) and
			 comply with Food Stamp work requirements before eligibility may be
			 reestablished.
(1) First violation--one
			 month.
(2) Second violation--three
			 months.
(3) Third violation--six
			 months.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 13 - FOOD STAMP PROGRAM › Section 114-1340 - Determining Eligibility and Benefit Levels

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Department's time period covered by
			 the benefit month is a calendar month.
B. The State will use prospective budgeting
			 for all FS cases, determining the best estimate of income that will exist in
			 the benefit month. Past income which is indicative of future income is used to
			 calculate budgeted income for the certification period.
C. The Department will convert income to
			 monthly amounts by multiplying weekly amounts by 4.33 and bi-weekly amounts by
			 2.16.
D. The State will
			 automatically process by the FS computer system, Social Security and
			 Supplemental Security Income cost of living increases received by benefit group
			 members.
E. When calculating income
			 and benefit level, dollars and cents shall be included at each step of the FS
			 calculation. Final income and deduction amounts will be rounded down.
F. Social Security and Supplemental Security
			 Income cost of living increases received by benefit group members will be
			 automatically processed by the FS computer system.
G. Food Stamp recipients who leave a drug or
			 alcohol abuse treatment center, for whom the center was the individual's
			 authorized representative, during the month are entitled to a portion of their
			 monthly food stamp benefit. The treatment center must make the appropriate
			 share of the food stamp benefit available to the recipient.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 13 - FOOD STAMP PROGRAM › Section 114-1345 - Work Supplementation Program

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may elect to operate a Work Supplementation or
				Support Program under Section 849 of the Personal Responsibility and Work
				Opportunity Reconciliation Act of 1996 (
				Public Law
				104-193 ).
A. Such a program may provide public
			 assistance to an employer, using a benefit provided under the Food Stamp
			 Program, which may be used for hiring and employing a recipient who was not
			 employed by the employer at the time the recipient entered the Food Stamp
			 Program.
B. The Department may
			 elect to use an amount equal to the food stamp allotment that would otherwise
			 be issued to the household under the Food Stamp Program, but for the operation
			 of the Work Supplementation Program, for the purpose of subsidizing or
			 supporting a job under a work supplementation or support program established by
			 the Department.
C. A work
			 supplementation or support program shall not displace the employment of
			 individuals who are not supplemented or supported.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 13 - FOOD STAMP PROGRAM › Section 114-1350 - Reporting Changes

Current through Register Vol. 48, No. 6, June 28, 2024
A. The State
			 will allow households with earned income and six month certification periods to
			 report only changes in the amount of gross monthly income that result in their
			 gross monthly income exceeding 130 percent of the monthly poverty income
			 guideline for their household size. Households with earned income certified for
			 longer than six months must submit an interim report at six months which would
			 detail all changes in the household.
B. The State will submit to FNS for renewal
			 every two years, the "waiver" to require certified benefit groups to report
			 changes in earned income if there is a change in:
(1) Source;
(2) Hourly rate or salary; or
(3) Employment status (part-time to full-time
			 and full-time to part-time as defined by the employer).
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 13 - FOOD STAMP PROGRAM › Section 114-1360 - Demonstration, Research or Evaluation Projects

Current through Register Vol. 48, No. 6, June 28, 2024
When authorized by federal regulations, the Department may
				participate in demonstration, research or evaluation projects designed to
				improve the administration and effectiveness of the FS program in the delivery
				of benefits to eligible households. Such projects may be conducted without the
				requirement to amend the State regulations currently in
				effect.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 13 - FOOD STAMP PROGRAM › Section 114-1370 - Safeguarding Information

Current through Register Vol. 48, No. 6, June 28, 2024
Disclosure of information about FS applicants or FS household
				members is restricted. Conditions of disclosure are outlined in
				7 CFR
				272.1. Disclosure of program information is
				outlined in
				7 CFR
				272.1.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 13 - FOOD STAMP PROGRAM › Section 114-1380 - Outreach

Current through Register Vol. 48, No. 6, June 28, 2024
Outreach activities will be coordinated by the agency through
				local agencies and organizations within each county. The purpose of the Food
				Stamp Outreach Program is to:
(1)
			 Inform low income households of the application process and availability of
			 benefits;
(2) Enlist the
			 cooperation of other agencies and organizations in distributing FS program
			 information and in facilitating the participation of eligible benefit
			 groups;
(3) Identify reasons why
			 eligible households do not participate in the FS program; and
(4) Plan actions to remove barriers to
			 participation in the FS program
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 13 - FOOD STAMP PROGRAM › Section 114-1385 - Claims

Current through Register Vol. 48, No. 6, June 28, 2024
A. The State will
			 take action to establish claims on all agency error, inadvertent household
			 error and intentional program violation overpayment referrals no later than the
			 six months from the date the overpayment was detected.
B. The State will initiate collection action
			 on inadvertent household or agency error claims under $125 at such time that
			 multiple overpayments for a household total $125 or more.
C. The State will participate in the South
			 Carolina Department of Revenue Debt Offset Program for the collection of
			 delinquent Family Independence and food stamp overpayments and follows state
			 regulations for this program.
D.
			 The State will submit to FNS for renewal at the State's discretion, the
			 "waiver" to use the wage amounts obtained from the Employment Security
			 Commission Wage Match when calculating the amount of overpayment that results
			 from earned income. The overpayment is calculated by using one-third of the
			 total income for each quarter listed in the Match for each corresponding month
			 of the claim. The benefit group must be informed of their right to a fair
			 hearing to refute the amount of the claim.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 13 - FOOD STAMP PROGRAM › Section 114-1390 - Fair Hearings

Current through Register Vol. 48, No. 6, June 28, 2024
A. The State
			 will allow the applicant or recipient to choose between a face-to-face hearing
			 or a telephone hearing. If neither option is chosen, a face-to-face hearing
			 will be scheduled. Also, if the hearing official decides that a face-to-face
			 hearing is necessary, one will be scheduled.
B. The State will monitor county appeal
			 decisions to ensure correct interpretation of FS policies. When appropriate,
			 county corrective action will be required if the number of appeals or
			 overturned appeals becomes excessive.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 15 - ESTABLISHING ELIGIBILITY FOR GENERAL DISABILITY ASSISTANCE › Section 114-1510 - Definitions and General Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Definitions.
(1) General Disability Assistance
			 (GDA)--totally State-funded financial and medical assistance granted on a
			 one-time basis per application, for a minimum period of one month up to a
			 maximum period of six months, to individuals who meet eligibility criteria
			 specified below.
(2) Total
			 Disability--a serious mental or physical impairment or combination of
			 impairments which renders an individual incapable of engaging in any useful
			 occupation or gainful employment within his competence.
(3) Temporary Disability--an impairment which
			 is expected to last or has lasted at least thirty days, but can be corrected
			 within a one-year period.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 15 - ESTABLISHING ELIGIBILITY FOR GENERAL DISABILITY ASSISTANCE › Section 114-1520 - Eligibility Determination

Current through Register Vol. 48, No. 6, June 28, 2024
A. A
			 medical evaluation must be supplied as evidence of disability. It is the
			 responsibility of the applicant to provide any required medical evaluation(s)
			 on the agency-supplied forms. Additional medical data may be supplied in any
			 form and will be considered by the Agency. If the evaluation shows that the
			 individual is either totally and permanently disabled or is not disabled, the
			 application for GDA shall be denied by the County Department.
B. In all other cases, eligibility decisions
			 based on medical information shall be made by a Medical Social Worker, with the
			 assistance of a consulting physician when necessary. The medical evaluation,
			 along with a social evaluation completed by the County Department and
			 containing information relating to the family, background, work history, and
			 past and present health of the applicant, as well as rehabilitation efforts,
			 will be evaluated by the Medical Social Worker to determine if the individual
			 is medically eligible, and if so, for how many months.
C. If a disability exists but is expected to
			 last longer than six months, the individual shall be referred to the Social
			 Security Administration (SSA) to apply for the SSI program.
D. Eligibility for GDA shall not be extended
			 beyond six months for any one medical diagnosis. A new and different diagnosis,
			 however, may qualify an individual for a new grant. A new application will be
			 necessary in case of a new and different diagnosis of disability.
E. To be considered eligible for GDA, an
			 individual can have no cash reserve or any other resources except the
			 following:
(1) An individual may own or retain
			 a homestead,
(2) An individual may
			 have insurance policies with a face value of any amount, but the total cash
			 surrender or loan value shall not exceed fifteen hundred dollars for all
			 policies.
(3) An individual may
			 have one licensed vehicle that is used for transportation purposes and is not
			 income producing.
(4) An individual
			 may have up to 2 times the maximum monthly payment level for the GDA Program in
			 cash reserves.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 15 - ESTABLISHING ELIGIBILITY FOR GENERAL DISABILITY ASSISTANCE › Section 114-1530 - Termination, Suspension, or Reduction of Benefits

Current through Register Vol. 48, No. 6, June 28, 2024
A. GDA is not a continuing assistance
			 program. It is a one-time, single grant program for which an individual may
			 make reapplication. The grant, once authorized, is not reduced or otherwise
			 affected by any change of circumstances. The grant may not be terminated,
			 suspended, reduced or increased prior to the end of the certification period
			 absent fraud or misrepresentation.
B. Notice of right to appeal shall be
			 provided in the document which advises the individual of the grant amount and
			 certification period or the document which denies the award of a grant. No
			 other notice of termination, date of certification, right of appeal, or period
			 (inclusive dates) of the grant shall be made.
C. Appeals under the GDA Program shall be in
			 accordance with DSS Fair Hearing Regulations (R.114-35.1) with the following
			 exceptions:
(1) The period of advance
			 notification shall be fifteen (15) days from the date of the notice of the
			 grant award.
(2) The grant will not
			 continue in excess of six (6) months for any reason.
(3) A new application made by a current grant
			 recipient if denied and appealed, shall not constitute a basis for continued
			 benefits pending an appeal decision.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 19 - ESTABLISHING ELIGIBILITY FOR OPTIONAL SUPPLEMENTATION › Section 114-1910 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Optional
			 Supplementation (OS)--totally State-funded financial and jointly State and
			 Federal funded medical assistance granted by the State to eligible individuals
			 who reside in residential care facilities licensed by the Department of Social
			 Services or the Department of Mental Health.
B. Residential Care Facility (RCF)--any
			 institution, place, building, or agency providing for a period exceeding
			 twenty-four consecutive hours, accommodation, board and a degree of personal
			 assistance in feeding, dressing and other essential daily living activities to
			 two or more individuals eighteen years old or older not related to the
			 administrator or owner thereof within the third degree of consanguinity, who by
			 reason of age, or physical or mental infirmity, though ambulatory, are unable
			 to sufficiently or properly care for themselves or manage their own affairs but
			 who do not require the daily services of a registered or licensed practical
			 nurse.
C. Net Income Limitation
			 (NIL)--the sum of the agency established rate for services provided by the RCF
			 and the personal needs allowance (PNA).
D. Countable Income (CI)--gross income less
			 those exclusions of income allowed under the Federal Supplemental Security
			 Income Program.
E. Supplemental
			 Security Income (SSI) Program--popular name for Title XVI of the Social
			 Security Act.
F. Retirement,
			 Survivors, or Disability Insurance (RSDI)--benefits received under Title II of
			 the Social Security Act.