reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:11 - Date entitlement for financial assistance begins

Current through Register Vol. 51, page 10, July 15, 2024
Entitlement for financial assistance may not begin before the date of
	 application. Payment for the remainder of the month shall be made if the
	 assistance unit meets all eligibility conditions.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-9.
Signed application, §
											67:12:01:03.
Application, determination of eligibility and furnishing assistance,
		45 C.F.R. §
												205.10 (c)(6).
General provisions regarding coverage and eligibility,
		45 C.F.R. §
												233.10 (b)(3).
Determination of initial month's benefits, §
											67:12:06:38.01.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:12 - Recipient to report change of circumstances

Current through Register Vol. 51, page 10, July 15, 2024
The recipient must report any material change of circumstances
	 affecting eligibility to the department within 10 days after the date the
	 change occurred. In addition, a recipient must report to the department any
	 anticipated material changes as soon as the recipient becomes aware of them.
	 The recipient must also report these changes on the next monthly report
	 required by §
									67:12:06:34.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		28-7-9.
Completed monthly report form required, §
											67:12:06:34; Timely and accurate
		reporting of changes, 45
		C.F.R. §
												206.10
		(a)(2)(ii).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:13 - Full determination of continuing eligibility

Current through Register Vol. 51, page 10, July 15, 2024
The department shall make a full determination of continuing
	 eligibility and extent of entitlement at least once every 12 months for those
	 ADC recipients who are required to report monthly under §
									67:12:06:34 and at least once
	 every 6 months for those ADC recipients who are exempt from monthly reporting
	 under §
									67:12:06:34.01.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-18.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:14 - Citizenship and alienage

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting the eligibility criteria under this article, a
	 person must be a resident of the United States and either a citizen or national
	 or an alien lawfully admitted for permanent residence or otherwise permanently
	 residing in the United States under color of law.
Aliens granted lawful temporary resident status are ineligible for AFDC
	 for a period of five years from the effective date of such status. This period
	 of ineligibility continues throughout the five-year period even if the
	 temporary status changes to permanent status.
Effective October 1, 1988, as a condition of eligibility for AFDC, 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 whether the
	 individual is in satisfactory immigration status and provide the department
	 with documents that confirm the immigration status.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-2.
Citizenship and alienage,
		45 C.F.R. §
												233.50.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:14.01 - Deeming of sponsor's income and resources to alien when sponsor is an individual - Cooperation of sponsor is condition of eligibility

Current through Register Vol. 51, page 10, July 15, 2024
If the alien's sponsor is an individual, the income and resources of
	 the sponsor and the sponsor's spouse, if any, are deemed to be the unearned
	 income and resources of the alien.
The alien must obtain the cooperation of the sponsor for purposes of
	 determining the income and resources that can be available to the alien. An
	 alien who is unable to obtain this cooperation is ineligible for
	 assistance.
This section applies to an alien whose first application for assistance
	 is received after September 30, 1981, and applies for a period of three
	 consecutive years following the date the alien entered the United
	 States.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Deeming of sponsor's income and resources to the sponsored alien,
		45 C.F.R. §
												233.51; Aliens exempt from sponsor deeming,
		§
											67:12:01:14.02.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:14.02 - Aliens exempt from sponsor deeming

Current through Register Vol. 51, page 10, July 15, 2024
Aliens who meet the following requirements are exempt from complying
	 with §§
									67:12:01:14.01 and
	 67:12:01:14.03:
(1) An alien who has
  been granted asylum or admitted as a refugee under sections 203(a)(7), 207(c),
  212(d)(5), or 208 of the Immigration and Nationality Act:
(2) A Cuban or Haitian entrant, as defined in
  section 501(e) of the Refugee Education Assistance Act of 1980 ( Pub. L. No.
  96-422); or
(3) The dependent child
  of the sponsor or the sponsor's spouse.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Deeming of sponsor's income and resources to the sponsored alien --
		Certain aliens exempt from complying,
		45 C.F.R. §
												233.51
		(g).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:14.03 - Eligibility of alien sponsored by public or private organization or agency - Cooperation of sponsor is condition of eligibility

Current through Register Vol. 51, page 10, July 15, 2024
If the alien's sponsor is a public or private agency or organization,
	 the alien is ineligible for assistance for a period of three consecutive years
	 following entry for permanent residence into the United States unless the
	 department determines that the agency or organization no longer exists or has
	 become unable to meet the alien's needs.
The alien is responsible for providing the information and
	 documentation necessary for the department to determine eligibility and for
	 obtaining the cooperation of the sponsor, if necessary. An alien who is unable
	 to obtain the sponsor's cooperation is ineligible for assistance.
This section applies to an alien whose first application for assistance
	 is received after September 30, 1984.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Deeming of sponsor's income and resources -- Sponsor is a public or
		private agency or organization,
		45 C.F.R. §
												233.51 (e); Aliens exempt
		from sponsor deeming, §
											67:12:01:14.02.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:15 - Determination of residence of child in AFDC program

Current through Register Vol. 51, page 10, July 15, 2024
For the AFDC program, a child is a resident of the state in which the
	 caretaker relative is a resident. The caretaker relative is considered a
	 resident of the state of South Dakota when physically present in the state with
	 an expressed intent to remain, when entering the state with a job commitment,
	 or when seeking employment in the state, whether or not currently employed in
	 the state of South Dakota.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-3.
Residency requirements,
		45 C.F.R. §§
												233.40 (a)(1)(i) and
		233.40(a)(1)(i).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:16 - Residence determination for applicants or recipients who leave the state

Current through Register Vol. 51, page 10, July 15, 2024
The following circumstances shall be considered when determining the
	 residence of, and the conditions of payments for, applicants or recipients who
	 leave the state:
(1) An applicant or
  recipient who leaves the state voluntarily is considered a resident of the
  state to which the applicant or recipient moves, unless the applicant or
  recipient declares an intention to return to South Dakota. An applicant or
  recipient who leaves the state involuntarily, such as an incompetent or a
  child, shall be regarded as retaining residence in South Dakota until
  eligibility is established for assistance in another state;
(2) 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;
(3) If the
  recipient expects to be outside the state for a temporary period of time, the
  provisions of §
									67:12:01:50 apply; and
(4) 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 caseworker
  shall request that the recipient contact the other state agency for the purpose
  of applying for assistance. Assistance from South Dakota shall be continued, if
  necessary, for not more than three months after the referral is made to give
  the other state ample time to process an application for assistance.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-3,
		28-7-9.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:17 - Eligibility of applicant or recipient who receives assistance from another state

Current through Register Vol. 51, page 10, July 15, 2024
An applicant or recipient who receives assistance from another state
	 which covers the same need is not considered a resident of South Dakota. This
	 individual is not eligible for AFDC in any period for which assistance is
	 received from the other state.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-9,
		28-7-18.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:18 - Termination to result if caseworker cannot locate recipient applicant

Current through Register Vol. 51, page 10, July 15, 2024
If the caseworker cannot locate a recipient, assistance shall be
	 terminated. If the caseworker cannot locate an applicant, the application shall
	 be rejected.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-18.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:19 - Age requirements for AFDC

Current through Register Vol. 51, page 10, July 15, 2024
A child may be eligible for AFDC if the child is dependent according to
	 SDCL 28-7-1(2). The department shall consider that a child has advanced one
	 year in age at 12:01 a.m. on the anniversary of the child's
	 birth.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:21 - "Regularly attending school" defined

Current through Register Vol. 51, page 10, July 15, 2024
A child may be considered a student regularly attending a school or
	 training course if:
(1) The child is
  enrolled in and physically attending a full-time (as certified by the school or
  institute attended) program of study or training leading to a certificate,
  diploma, or degree;
(2) The child
  is enrolled in and physically attending at least half time (as certified by the
  school or institute attended) a program of study or training leading to a
  certificate, diploma, or degree and is regularly employed in or available for
  and actively seeking part-time employment; or
(3) The child is enrolled in and physically
  attending at least half time (as certified by the school or institute attended)
  a program of study or training leading to a certificate, diploma, or degree and
  is precluded from full-time attendance or part-time employment because of a
  verified physical handicap.
A child is considered in regular attendance in months in which the
	 child is not attending because of official school or training program vacation
	 if there is an intent and a plan to attend an educational institute within the
	 next three months; because of illness, convalescence, or family emergency; and
	 for the month the child discontinues school or the training
	 program.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:22 - "Full-time" and "half-time" student defined

Current through Register Vol. 51, page 10, July 15, 2024
Full-time and half-time attendance are defined as follows:
(1) In a trade or technical school, in a
  program involving shop practice, full time is 30 clock hours per week and half
  time is 15 clock hours;
(2) In a
  program without shop practice, full time is 25 clock hours per week and half
  time is 12 clock hours per week;
(3) In a college or university, full time is
  12 semester or quarter hours and half time is 8 semester or quarter
  hours;
(4) In a secondary school,
  full time is 25 clock hours per week or 4 Carnegie units per year and half time
  is 12 clock hours or 2 Carnegie units;
(5) In a secondary education program of
  cooperative training or in apprenticeship training, full-time attendance shall
  be as defined by the division of elementary and secondary education regulation
  or policy.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:25 - Beginning of eligibility when only year of birth known

Current through Register Vol. 51, page 10, July 15, 2024
If the age verification establishes the year but not the month and day
	 of birth, the applicant is eligible for payment effective July 1. If the
	 applicant claims a birth date after July 1, eligibility for payment begins the
	 first day of the month following the stated month of birth.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:27 - Specific degree of relationship between child and parent or relative

Current through Register Vol. 51, page 10, July 15, 2024
There shall be a specific degree of relationship between a child and a
	 parent or relative in order to be eligible for assistance. This does not
	 include emergency protective or foster care payees. Acceptable degrees of
	 relationship are as follows:
(1)
  Father, mother, brother, sister, uncle, aunt, first cousin, nephew, or niece,
  including those of half blood; relatives of the preceding generation denoted by
  the prefixes of grand, great, or great-great; first cousin once removed; and
  great-great-great grandparent;
(2)
  Stepfather, stepmother, stepbrother, or stepsister;
(3) A person who achieves the degree of
  relationship specified in subdivisions (1) or (2) by the process of legal
  adoption; and
(4) Spouses of any of
  the relatives specified in subdivisions (1), (2) or (3), even though the
  marriage is terminated by death or divorce.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-1,
		28-7-2.
Specified relative,
		45 C.F.R. §
												233.90
		(c)(v)(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:29 - Deprivation of parental support or care because of continued absence from the home

Current through Register Vol. 51, page 10, July 15, 2024
Continued absence of the parent from the home is regarded as
	 deprivation of parental support pursuant to SDCL 28-7-1 according to the
	 following criteria:
(1) The parent is
  physically absent from the home;
(2) Facts exist supporting the presumption
  that the absence will continue for a period longer than 30 days; and
(3) The nature of the absence constitutes
  family dissociation which refers to a substantial severance of marital and
  family ties and responsibilities resulting in the child losing or having a
  substantial reduction of physical care, communication, guidance, and support by
  at least one of the child's parents, either natural, adoptive, or
  stepparent.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:30 - Absence of parent because of employment, seeking employment, or attending school

Current through Register Vol. 51, page 10, July 15, 2024
The absence of a parent from the home for the purposes of seeking
	 employment, actual employment, or attending school is not considered as
	 deprivation of parental support or care unless estrangement from the spouse and
	 children has also occurred to disrupt the family as defined in §
									67:12:01:29.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:31 - Absence of parent due to hospitalization, imprisonment, and deportation

Current through Register Vol. 51, page 10, July 15, 2024
In accordance with the guidelines of §
									67:12:01:29, hospitalization
	 (general or mental), imprisonment, and deportation will be considered
	 deprivation of parental support. A parent who is a convicted offender serving a
	 court-imposed sentence but permitted to live at home while earning no income
	 and performing unpaid public work or unpaid community service during the work
	 day is considered absent from the home.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
Continued absence of the parent from the home,
		45 C.F.R.
		233.90
		(c)(1)(iii).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:32 - Absence of parent due to uniformed service

Current through Register Vol. 51, page 10, July 15, 2024
A child who has a parent gone from the home only because the parent is
	 performing active duty for the United States uniformed services is not
	 considered deprived of parental support or care. In this situation, the parent
	 is not considered absent from the home.
For purposes of this section, uniformed services consist of the army,
	 navy, air force, marine corps, coast guard, national oceanographic and
	 atmospheric administration, and public health service of the United
	 States.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
Continued absence of the parent from the home, 45 C.F.R. §
		233.09 (c)(1)(iii).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:33 - Absence of parent if mother not married to father of child

Current through Register Vol. 51, page 10, July 15, 2024
When the mother of the child is not and has not been married to the
	 father of the child, the child may be considered deprived of parental support
	 or care by reason of continued absence of either parent from the
	 home.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:34 - Absence of parent due to divorce or separate maintenance decrees

Current through Register Vol. 51, page 10, July 15, 2024
In accordance with §
									67:12:01:29, divorce or separate
	 maintenance decrees constitute deprivation of parental support by continued
	 absence of the parent from the home. If, however, both parents continue to live
	 in the home during or following the divorce or separate maintenance proceeding,
	 eligibility based on the absence of the parent from the home will not exist. If
	 financial need exists while awaiting a divorce or separate maintenance decree,
	 approval of the application shall not be held up pending the completion of such
	 actions.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:35 - Absence of parent by mutual agreement of separation

Current through Register Vol. 51, page 10, July 15, 2024
In accordance with §
									67:12:01:29, a mutual agreement of
	 separation shall constitute deprivation of parental support.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:37 - Absence of parent in unstable family situation

Current through Register Vol. 51, page 10, July 15, 2024
In accordance with §
									67:12:01:29, in unstable family
	 situations where the absent parent is in and out of the home intermittently and
	 does not function as the provider of maintenance or fails to provide physical
	 care and guidance for the child on a relatively permanent and continuing basis,
	 the child involved is considered dependent within the meaning of the AFDC
	 program.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-1,
		28-7-2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:39 - Deprivation of parental support or care because of physical or mental incapacity of parent

Current through Register Vol. 51, page 10, July 15, 2024
Sections 67:12:01:40 to 67:12:01:48, inclusive, implement the SDCL
	 28-7-1 eligibility requirement of deprivation of parental support or care by
	 reason of the mental or physical incapacity of parent.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:40 - Determination of incapacity by disability/incapacity consultation team

Current through Register Vol. 51, page 10, July 15, 2024
Determination of eligibility on the basis of incapacity shall be made
	 by the disability/incapacity consultation team on the basis of medical evidence
	 supplemented by a social history and work history completed by the caseworker.
	 Medical evidence may be a physician's report from the physician's records, a
	 copy of records, or if necessary, the findings of an examination completed for
	 this purpose.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:41 - Definition of "physical or mental incapacity."

Current through Register Vol. 51, page 10, July 15, 2024
"Physical or mental incapacity" of a parent exists when one parent has
	 a physical or mental defect, illness, or impairment. The incapacity shall be
	 supported by competent medical testimony and shall be of such a debilitating
	 nature as to reduce substantially or eliminate the parent's ability to support
	 or care for the otherwise eligible child and shall be expected to last for a
	 period of at least 30 days.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:42 - Patient's consent for release of medical information

Current through Register Vol. 51, page 10, July 15, 2024
No medical information shall be sought without the patient's written
	 consent. The caseworker shall obtain such release from the
	 patient.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:43 - Medical examinations if information not available - Choice of examiners

Current through Register Vol. 51, page 10, July 15, 2024
A medical examination of the applicant or recipient may be requested
	 only when medical information is not available from physicians' records and
	 other medical sources to establish mental or physical incapacity. This
	 examination, when requested, shall be completed by a physician, physician's
	 assistant, or nurse practitioner of the applicant's or recipient's choice. This
	 can be any physician, physician's assistant, or nurse practitioner licensed in
	 the state of South Dakota or in another state.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:44 - Psychiatric reports and records from mental hospital may be sufficient

Current through Register Vol. 51, page 10, July 15, 2024
Psychiatric reports and records from a mental hospital may be
	 sufficient for determination of disability without additional medical reports.
	 However, if the patient also has a physical disability, a medical report on
	 this shall also be obtained. If a disability is based on intellectual
	 disability, it is necessary to have a medical report in addition to the
	 evidence of intellectual disability for the initial determination of
	 eligibility. Specific information on mental ability shall be obtained in all
	 cases in which the question of mental inadequacy may have a bearing on the
	 eligibility determination. Likewise, copies of records from a mental hospital
	 or reports from mental health clinics shall be considered important sources of
	 information, and shall be obtained even though there are additional physical
	 reasons for the application. The exception to this is the individual who is so
	 severely physically disabled that eligibility seems to be without
	 question.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:45 - Basis for payments for medical examinations and reports - Authorization required for intensive procedures

Current through Register Vol. 51, page 10, July 15, 2024
Payments for medical examinations and reports shall be made in
	 compliance with chapter 67:16:02, Physician and other health services. Routine
	 X-ray and laboratory procedures deemed necessary for the disability
	 determination may be included. Prior authorization from the department will be
	 needed to determine if additional X-rays, laboratory tests, or admission to a
	 hospital is necessary to determine a disability.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
1965 Relative Value Study and Procedure Nomenclature, prepared by
		the South Dakota State Medical Association, Sioux Falls, South Dakota (Third
		Edition January, 1968).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:46 - Incapacity related to ability to carry full-time job

Current through Register Vol. 51, page 10, July 15, 2024
Incapacity shall be related to the ability to carry a full-time job
	 which might reasonably be expected to provide a living for a family. When
	 incapacity permits part-time work only, AFDC shall be granted only if there is
	 need and if the family is otherwise eligible. In the case of incapacity when
	 full-time work does not provide fully for the needs of the family group, ADC
	 shall be granted for supplementation.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:48 - Parents receiving disability payments under other programs

Current through Register Vol. 51, page 10, July 15, 2024
A parent who receives a disability payment through social security
	 disability insurance or SSI under age 65 shall be regarded as meeting the
	 requirements for incapacity for AFDC. Before assistance may be granted to
	 children of parents over age 65, it shall be necessary to determine that the
	 children are deprived of parental support or care because of the death,
	 continued absence from the home, or physical or mental incapacity of a parent,
	 as in any other application.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:48.01 - Eligibility of parents participating in vocational rehabilitation training programs

Current through Register Vol. 51, page 10, July 15, 2024
An incapacitated recipient who is a parent receiving training under the
	 programs offered by the department of vocational rehabilitation meets the
	 continued incapacity requirements for AFDC. When such training ceases, a
	 recipient parent's incapacity shall be redetermined based on the criteria
	 established in §
									67:12:01:40.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-2,
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:49 - Cessation of incapacity

Current through Register Vol. 51, page 10, July 15, 2024
If the department determines that financial need exists but the
	 disability incapacity consultation team has determined that an incapacity no
	 longer exists, assistance payments may continue for not more than three months.
	 If the previously incapacitated recipient obtains employment during this
	 three-month period, the department shall apply the earned income exemption
	 according to §
									67:12:05:14.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-1,
		28-7-4.
Definition of "physical or mental incapacity," §
											67:12:01:41.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:50 - Temporary absence of child or payee relative

Current through Register Vol. 51, page 10, July 15, 2024
AFDC eligibility is not affected if either the child or the payee
	 relative is temporarily absent from the home for the purposes of attending
	 school, visiting, or the like, as long as the payee relative continues to
	 provide a home to which the child can return at any time and the payee also
	 continues to have primary responsibility for the major decisions as to the
	 child's discipline and welfare.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:51 - Emergency payee

Current through Register Vol. 51, page 10, July 15, 2024
In more traumatic emergency situations, such as, but not limited to,
	 sudden death, desertion, imprisonment, or commitment to a hospital for the
	 mentally ill of the relative acting as payee, AFDC may be continued for a
	 temporary period to persons acting in the emergency for the relative with whom
	 the child was living, provided the following criteria are met:
(1) Payments on behalf of children for whom
  no relative is immediately responsible shall be made only for children who are
  recipients of AFDC at the time the emergency occurs; and
(2) Payments shall be made for a temporary
  period necessary to make and carry out plans for the continuing care and
  support of the child, including the transfer of responsibility for the child to
  OCYFS or another agency.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-14.
Payments made in emergency situations,
		45 C.F.R. §
												233.90
		(c)(2)(iv).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:52 - Unsuitable home

Current through Register Vol. 51, page 10, July 15, 2024
Payment of AFDC shall not be denied, either initially or subsequently,
	 because of the conditions of the home in which a child resides unless a court
	 of competent jurisdiction has declared the home unsuitable and provision is
	 made for the care and assistance of the child. When the department has reason
	 to believe that the home in which a relative and child receiving aid reside is
	 unsuitable because of the neglect, abuse, or exploitation of the child, it will
	 bring the condition to the attention of OCYFS.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-2,
		42 U.S.C. §
												404
		(b).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:53 - Man not married to mother and living in household

Current through Register Vol. 51, page 10, July 15, 2024
Eligibility for AFDC shall not be affected because a man who is not
	 married to the mother is living in the household, unless the man is the
	 acknowledged father of the child or children included in the AFDC
	 grant.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
"Substitute parent" or "man in the house,"45 C.F.R. §
												233.90
		(a)(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:54 - Inclusion of caretaker relative other than parent in AFDC grant

Current through Register Vol. 51, page 10, July 15, 2024
A caretaker relative other than the parent may be included in the grant
	 if the caretaker relative meets the following conditions:
(1) The caretaker relative is not receiving
  an SSI payment or state supplement;
(2) The caretaker relative's income and that
  of a spouse, if any, is insufficient to meet needs; and
(3) The caretaker relative and spouse do not
  own real or personal property which exceed department limits.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
Limitations on real property, ch 67:12:04.
Limitations on personal property, ch 67:12:05.
Individuals who must be included in assistance unit, §
											67:12:01:69.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:55 - Eligibility of second parent in AFDC grant

Current through Register Vol. 51, page 10, July 15, 2024
A second parent shall be included in the AFDC grant if the AFDC
	 household meets all of the following qualifications:
(1) The second natural or adoptive parent or
  stepparent is living in the home;
(2) Eligibility is based on the incapacity of
  the natural or adoptive parent or stepparent of one or more of the eligible
  children or the family is receiving benefits under the unemployed parent
  program under chapter 67:12:18; and
(3) The second natural or adoptive parent or
  stepparent is not excluded from the assistance unit under §
									67:12:05:51.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
Needy child deprived by reason of,
		45 C.F.R. §
												233.90
		(c)(i).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:57 - Confidentiality of client's records

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the South Dakota statutes on confidentiality, a client
	 may request, either personally or by an authorized representative, any
	 information from records pertaining to the client which the client has given
	 the department directly. Information which has been supplied and obtained by
	 the department from other sources may not be released to the client, unless the
	 person, agency, or organization furnishing the information to the department
	 consents in writing to the release.
For purposes of an AFDC fair hearing, a claimant or a representative of
	 the claimant must have an opportunity during normal office hours to examine the
	 contents of the claimant's case record and all documents and records to be used
	 by the department at the hearing before the date of the hearing as well as
	 during the hearing.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-32.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:60 - Date of entitlement for medical coverage

Current through Register Vol. 51, page 10, July 15, 2024
Medical assistance may begin as early as the first day of the third
	 month prior to the month of application for AFDC in accordance with §
									67:16:01:03. Determination of AFDC
	 eligibility for possible retroactive medical assistance shall be in accordance
	 with the guidelines established in chapters 67:12:01, 67:12:04, and
	 67:12:05.
General Authority:
SDCL 28-6-1, 28-7-2.
Law Implemented:
SDCL
		28-6-4.
Determination of Medicaid eligibility -- Effective date,
		42 C.F.R. §
												435.914.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:61.01 - Continued medical coverage - Child support

Current through Register Vol. 51, page 10, July 15, 2024
Recipients who become ineligible for financial assistance because of
	 child or spousal support collected by OCSE in behalf of a member of the
	 assistance unit continue to be eligible for AFDC medical only services provided
	 under article 67:16 if AFDC has been received in at least three of the six
	 months preceding ineligibility. Eligibility for medical services continues for
	 a period of four calendar months beginning with the month of
	 ineligibility.
General Authority:
SDCL
		28-6-1, 28-7-2.
Law Implemented:
SDCL
		28-6-1,
		28-7-2.
Extension of eligibility under Title XIX when support collection
		results in termination of AFDC eligibility, Pub. L. No. 98-378, § 20, 98
		Stat. 1322.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:62 - Incapacity based on blindness or visual impairment - Medical findings required

Current through Register Vol. 51, page 10, July 15, 2024
Aid to families with dependent children assistance may be granted to a
	 child whose parent suffers from physical incapacity because of blindness or
	 visual impairment. Physical incapacity because of blindness or visual
	 impairment shall be supported by professional medical findings. The physician's
	 report and evaluation and a complete social and work history shall point out
	 that the incapacity is of such a debilitating degree that it reduces
	 substantially or eliminates the parent's ability to support or care for the
	 otherwise eligible child. A determination of incapacity shall be made by the
	 disability/incapacity consultation team as provided in §
									67:12:01:40. Any parent who meets
	 the definition of blindness as defined under the SSI, social security, or
	 disability program has established conclusive proof of physical incapacity due
	 to blindness.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
Definition of blindness,
		42 U.S.C. §
												1382 c(a)(2).
Definition of terms, 42 C.F.R. § 233.80.
Physical or mental incapacity, 42 C.F.R. § 233.90
		(6)(iv).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:66 - Cooperation of caretaker relative as condition of eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Applicants for, or recipients of, AFDC shall cooperate with the
	 department in identifying and locating the absent parent or parents, obtaining
	 support payments, establishing paternity, or obtaining any other payments or
	 resources legally due applicants or recipients. Refusal by the caretaker
	 relative to comply with this requirement renders the caretaker relative
	 ineligible for assistance. However, the children are eligible to receive
	 assistance payments under a protective payee arrangement as defined in chapter
	 67:12:08.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-6.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:66.01 - Cooperation of applicant or recipient not required

Current through Register Vol. 51, page 10, July 15, 2024
The provision of §
									67:12:01:66 shall not apply to an
	 applicant or recipient who can establish good cause for refusing to cooperate
	 with the department in identifying and locating the absent parent or parents,
	 obtaining support payments, establishing paternity, or obtaining any other
	 payments or resources legally due the applicant or recipient.
General Authority:
SDCL
		28-6-1, 28-7-2.
Law Implemented:
SDCL
		28-6-1,
		28-7-2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:66.02 - Applicant or recipient to establish good cause

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of §
									67:12:01:66.01, the applicant or
	 recipient may establish good cause 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 compliance with §
									67:12:01:66:
(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) A licensed public or private social
  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 28-7-2.
Law Implemented:
SDCL
		28-7-6.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:66.03 - Applicant or recipient to provide timely evidence - Extensions - Failure to respond

Current through Register Vol. 51, page 10, July 15, 2024
An applicant or recipient who submits a written good cause claim shall
	 provide confirming evidence within 20 days after the day the claim was made to
	 the department. An extension of time shall be allowed if the department
	 determines that applicant or recipient requires the extension because of
	 difficulty in obtaining evidence. If the client does not respond within 20 days
	 or within the extension period, when allowed, the department shall determine
	 that good cause does not exist and the notice requirements of §
									67:12:01:66.08 shall
	 apply.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-6.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:66.04 - Evidence of good cause

Current through Register Vol. 51, page 10, July 15, 2024
To meet the requirements of §
									67:12:01:66.02, the department
	 shall accept any of the following as evidence of good cause:
(1) Birth certificates or medical or law
  enforcement 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 protective services, 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 emotional health history and present health status of the caretaker
  relative or the child for whom support should be 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 or give the child for
  adoption; or
(6) Sworn statements
  from individuals, other than the applicant or recipient, with knowledge of the
  circumstances which provide basis for the good cause claim.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-6.