Chapter 114

114-110. Purpose. The fair hearing process is an official state action required by Federal and State laws and regulations in accordance with the Fourteenth Amendment to the United States Constitution. The process allows an individual to contest an adverse action taken by the Depa…

114-1110. Definitions. A. ‘‘Department’’ means the South Carolina Department of Social Services. B. ‘‘Program’’ means Family Independence Program. C. ‘‘Benefit or assistance’’ means the monetary award paid by check, electronic benefits transfer or direct deposit to the Family Ind…

114-1130. Non-Financial Criteria. 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 incl…

114-1140. Financial Criteria. 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…

114-1150. Determination of Benefits. 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 …

114-1160. Work Requirements. A. Individualized Self-Sufficiency Plan. (1) Each adult and minor parent recipient of FI must sign an Individualized Self-Sufficiency Plan (ISSP) with the Department that states the actions the recipient must take to become employed and the time frame…

114-1170. Safeguarding Information. 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, determi…

114-1180. Appeals and Hearings. 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 correc…

114-1190. Conflict between Federal and State Laws or Regulations. When the requirements of State and federal regulations or laws are not in agreement the requirements of the federal regulations or laws shall prevail. HISTORY: Added by State Register Volume 19, Issue No. 5, eff Ma…

114-1191. Conflict between State Law and State Regulations. When the requirements of State law and State regulations are not in agreement the provisions of State law shall prevail. HISTORY: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

114-1192. Pilot and Demonstration Projects. 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 …

114-120. Objectives. The objectives of the hearing process are: A. To provide an opportunity for a party aggrieved by an adverse action to be heard pursuant to Federal and State laws and regulations and/or departmental policies; B. To provide a forum for one who is the subject of…

114-130. General Fair Hearing Procedures. A. Except as otherwise specified, the procedures outlined in this section apply to all hearing requests. B. Request for Fair Hearing (1) A request for hearing must be made either in writing or orally, except where otherwise specified for …

114-1310. Definitions. 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. ‘‘App…

114-1320. Application Processing. A. The State will inform applicants about the eligibility requirements and their rights and responsibilities and the responsibilities of the Department under the Food Stamp Program. Under this requirement, individuals are given information in wri…

114-1330. Income and Deductions. 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 d…

114-1335. Disqualifications and Sanctions. 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 fr…

114-1340. Determining Eligibility and Benefit Levels. 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…

114-1345. Work Supplementation Program. 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 assist…

114-1350. Reporting Changes. 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 guidel…

114-1360. Demonstration, Research or Evaluation Projects. 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 benefit…

114-1370. Safeguarding Information. 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. HISTORY: Added by State Register Volume 19,…

114-1380. Outreach. 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; (…

114-1385. Claims. 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 collect…

114-1390. Fair Hearings. 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…

114-1395. Conflict between State and Federal Regulations. When the requirements of the State and federal regulations are not in agreement, the requirements of the federal regulations shall prevail. HISTORY: Added by State Register Volume 19, Issue No. 5, eff May 26, 1995. ARTICLE…

114-140. Foster Care. A. Right to Appeal (1) A foster parent has the right to appeal: (a) the denial or revocation of his or her foster home license; (b) the denial of an application for the renewal of a foster home license; and (c) the removal of a foster child from the foster h…

114-150. Adoptions. A. Application to Become Adoptive Parent - Right to Appeal (1) A person is entitled to appeal the Department’s decision to deny or terminate its approval of that person to become an adoptive parent. (2) A person is not entitled to appeal the Department’s decis…

114-1510. Definitions and General Requirements. 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 in…

114-160. Day Care. A. Request for Hearing A request for fair hearing shall be made in writing to the OAH within thirty (30) days of the receipt of written notification of adverse action. B. Final Decisions All final decisions regarding day care appeals shall be rendered by the St…

114-170. Child Protective Services. A. Request for Hearing A request for hearing shall be made in writing to the Department within thirty (30) days of receipt of notification of an indicated finding. B. Interim Reviews (1) Within fourteen (14) days of receiving the hearing reques…

114-180. Eligibility Hearings. A. This section applies to any claims under the Family Independence and Food Stamp Programs, Administrative Disqualification Hearings and Electronic Benefit Transfers. B. These hearings shall be conducted by use of the telephone, with the client and…

114-190. Food Services. A. Summer Food Service Program (1) Adverse Action An applicant or participant in the Summer Food Service Program may appeal the following: (a) a denial of an application for participation; (b) a denial of a sponsor’s request for an advance payment; (c) a d…

114-1910. Definitions. 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 t…

114-210. Non-Discriminatory Practices. A. The Department of Social Services shall administer its programs in accordance with Title VI, Section 601 of the Civil Rights Act of 1964, as amended; Title V, Section 504 of the Rehabilitation Act of 1973, as amended; Title III, Section 3…

114-220. Administrative Civil Rights Reviews. A. The OCR of the Department of Social Services shall review, at least biennially, appropriate programs and offices of the Department to assess compliance with federal and state civil rights laws. Recommendations, if any, will be prov…

114-230. Filing Complaints of Discrimination. A. Clients who believe that they have suffered from the unlawful discriminatory acts of the Department while applying for or accessing Department benefits or services may address a signed, written complaint to any of the following: 1.…

114-240. Investigation of Complaints. A. The OCR shall assess the complaint to be sure it meets mandated criteria for timeliness, adequacy, and jurisdiction and shall determine whether or not to accept the complaint for investiga- tion. 1. For complaints that are not accepted for…

114-250. Complaints against Providers. A. Clients who believe that they have experienced an unlawful discriminatory act of any provider of the Department may address a signed, written complaint to any of the following: 1. The Office of Civil Rights of the South Carolina Departmen…

114-2720. Definitions. The South Carolina Department of Social Services (SCDSS) incorporates by reference the definitions found in Title 7, Code of Federal Regulations, Part 274. HISTORY: Added by State Register Volume 19, Issue No. 4, eff April 28, 1995. Amended by State Registe…

114-2730. Food Stamp Issuance. The South Carolina Department of Social Services issues food stamp benefits to eligible households through its Electronic Benefits Transfer (EBT) system. SCDSS is responsible for the establishment of EBT accounts and transfer of food stamp benefits …

114-2740. Ongoing Major Responsibilities. A. County SCDSS Office Staff. (1) Establish eligibility of Food Stamp Program households; (2) Authorize production of EBT cards; (3) Train eligible households on the EBT system, the use and protection of the EBT card, food stamp benefit a…

114-2750. EBT Services Interaction. The EBT process requires interactions between Food Stamp Program recipients (households), SCDSS, authorized food retailers and the EBT Contractor. A. Food Stamp Program Household/SCDSS Interaction (1) When Program eligibility and benefit levels…

114-3340. Scope of the Program. A. Adults determined by the agency to be in need of protective services shall be eligible for such services without regard to income. All services shall be rendered pursuant to S.C.R. 114-35-70. B. Services provided may include, but not limited to,…

114-4000. Division to Implement Procedures to Assist Minors Seeking Abortions. The Division of Adoption and Birth Parent Services of the Department of Social Services shall implement procedures to assist minors in the preparation and filing of petitions for court orders granting …

114-4010. Minors to Be Treated with Compassion, Dignity and Respect. All minors shall be treated with compassion, dignity and respect. HISTORY: Added by State Register Volume 16, Issue No. 4, eff April 24, 1992.

114-4020. Anonymity of Minor Protected. At all times the anonymity of the minor shall be protected, unless otherwise requested by the minor. HISTORY: Added by State Register Volume 16, Issue No. 4, eff April 24, 1992. ARTICLE 43 ADOPTION SERVICES (Statutory Authority: 1976 Code §…

114-4380. Supplemental Benefits for Adoption and Medical Assistance. (Statutory Authority: 1976 Code §§ 63-9-1700 through 63-9-1810 and §§ 63-9-2000 through 63-9-2050) A. Definitions. 1. Supplemental Benefits: State funded payments for the care and support of an adopted child. 2.…

114-4720. Determination of Child Support Awards. A. Income 1. Definition The guidelines define income as the actual gross income of the parent, if employed to full capacity, or potential income if unemployed or underemployed. Gross income is used in order to avoid contention over…

114-4730. Unusual Custody Arrangements. A. Shared Parenting Arrangements When both parents are deemed fit, and other relevant logistical circumstances apply, active partic- ipation in the life of the child(ren) by the parent without custody should be encouraged in order to ensure…