South Dakota Administrative Code

67:12:01:01. Definitions. Terms used in this article mean: (1) "1115 waiver group," those assistance units participating in the demonstration project conducted under the waiver provisions contained in § 1115 of the Social Security Act as in effect on April 1, 1994; (2) "Applicant…

67:12:01:02. Application -- Inquiry. Repealed. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.

67:12:01:03. Signed application. The department shall require an application for assistance, signed under a penalty of perjury. The application must be signed by the applicant or the applicant's authorized representative or, if the applicant is incompetent or incapacitated, by so…

67:12:01:03.01. Client has right to be assisted or represented. The applicant or recipient may be assisted or represented by an individual of the applicant's or recipient's choice during the application process, redetermination of eligibility, and any other contacts with the depa…

Rule 67:12:01:04 Repealed. 67:12:01:04. Single application for AFDC and medical assistance.Repealed. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 109, effective January 5, 1997.

67:12:01:05. Method of determining initial and continuing eligibility. Initial and continuing eligibility for assistance payments is based on factual statements submitted by the assistance unit. Verification through personal contacts or home visits is required for living arrangem…

67:12:01:06. Determination of eligibility within forty-five days. The department shall make an eligibility determination as soon as possible on applications. The period between the date of the signed application and the date that the assistance check or notification of denial of …

67:12:01:06.01. Applicant to provide information promptly. Information and verifications needed to determine initial eligibility must be provided by the applicant no later than thirty-five days from the date of the signed application, except in circumstances described in § 67:12:…

67:12:01:07. Prompt determination of continuing eligibility. The department must terminate or adjust a payment no later than the second month following the month when the change of circumstances that affects eligibility or extent of entitlement occurs, unless a hearing has been r…

67:12:01:08. Proper application of time standards. Time standards set by §§ 67:12:01:06 to 67:12:01:07, inclusive, apply when determining Aid to Families with Dependent Children (AFDC) eligibility or AFDC continuing eligibility for services. The time standards do not apply when c…

67:12:01:09. Case record to contain facts on eligibility decisions. The department shall note the applicant's or recipient's case record of supportive facts for each decision regarding eligibility or ineligibility except when: (1) The applicant voluntarily withdraws the applicati…

67:12:01:10. Applicants to be informed in writing and orally. The department shall inform an applicant about eligibility requirements and conditions, coverage, scope of program, related services available, and the rights and responsibilities of applicants and recipients. This inf…

67:12:01:11. Date entitlement for financial assistance begins. Entitlement for financial assistance may not begin before the date of application. The department shall issue a payment for the remainder of the month if the assistance unit meets all eligibility conditions. Source: S…

67:12:01:12. Recipient to report change of circumstances. The recipient shall report any material change of circumstances affecting eligibility to the department within ten days after the date the change occurred. In addition, a recipient shall report to the department any antici…

Rule 67:12:01:12.01 Repealed. 67:12:01:12.01. Accounting for an interim change in circumstances not reported by a recipient.Repealed. Source: 1 SDR 66, effective April 6, 1975; 2 SDR 62, effective April 5, 1976; repealed, 2 SDR 88, effective July 1, 1976.

67:12:01:13. Full determination of continuing eligibility. The department shall make a full determination of continuing eligibility and extent of entitlement at least once every twelve months for those Aid to Families with Dependent Children (AFDC) assistance units who are requir…

67:12:01:14. Citizenship and alienage. 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 …

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. 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…

67:12:01:14.02. Aliens exempt from sponsor deeming. An alien who meets the following requirements is exempt from complying with §§ 67:12:01:14.01 and 67:12:01:14.03: (1) An asylee or refugee under sections 203(a)(7), 207(c), 212(d)(5), or 208 of the Immigration and Nationality Ac…

67:12:01:14.03. Eligibility of alien sponsored by public or private organization or agency -- Cooperation of sponsor is condition of eligibility. If the alien's sponsor is a public or private agency or organization, the alien is ineligible for assistance for a period of three con…

67:12:01:15. Determination of residence of child in aid to families with dependent children program. For the aid to families with dependent children program, a child is a resident of the state where the caretaker relative is a resident. The caretaker relative is considered a resi…

67:12:01:16. Residence determination for applicants or recipients who leave the state. The following circumstances must be considered when determining the residence of, and the conditions of payments for, an applicant or recipient who leaves the state: (1) An applicant or recipie…

67:12:01:17. Eligibility of applicant or recipient who receives assistance from another state. An applicant or recipient who receives assistance from another state for the same need is not eligible for Aid to Families With Dependent Children from the department in any period for …

67:12:01:18. Termination to result if caseworker cannot locate recipient or applicant. If the caseworker cannot locate a recipient, assistance must be terminated. If the caseworker cannot locate an applicant, the application must be rejected. Source: SL 1975, ch 16, § 1; 4 SDR 10…

67:12:01:19. Age requirements for aid to families with dependent children. A child may be eligible for the aid to families with dependent children program if the child is a dependent child. Source: SL 1975, ch 16, § 1; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, e…

Rule 67:12:01:20 Repealed. 67:12:01:20. Payments during school vacation.Repealed. Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

67:12:01:21. "Regularly attending school" defined. 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 program of study or training leading to a certificate, diploma, or degree, …

67:12:01:22. "Full-time" and "half-time" student defined. Full-time and half-time attendance are defined as follows: (1) In a trade or technical school program involving shop practice, full time is thirty clock hours per week and half time is fifteen clock hours; (2) In a trade o…

67:12:01:23. Medical-only coverage for certain children and pregnant women. The following individuals are eligible for Aid to Families With Dependent Children (AFDC) medical-only services provided under article 67:46: (1) A pregnant woman who meets the AFDC income and resource re…

Rule 67:12:01:23.01 Repealed. 67:12:01:23.01. Unemancipated minor parent not eligible for ADC.Repealed. Source: 4 SDR 60, effective March 26, 1978; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 58, effective November 29, 1981.…

Rule 67:12:01:24 Repealed. 67:12:01:24. Age of applicant.Repealed. Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 4 SDR 10, effective August 28, 1977; 4 SDR 60, effective March 26, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 172, effective April 3…

67:12:01:25. Beginning of eligibility when only year of birth known. If the age verification establishes the year but not the month and day of birth, the applicant is eligible for payment effective July first. If the applicant claims a birth date after July first, eligibility for…

Rule 67:12:01:26 Repealed. 67:12:01:26. Relative must provide physical care and protection.Repealed. Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

67:12:01:27. Specific degree of relationship between child and parent or relative. 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. A…

Rule 67:12:01:28 Repealed. 67:12:01:28. WIN registration required.Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 174, effective June 28, 1982; repealed, 16 SDR 99, effective December 7, 1989.

67:12:01:29. Deprivation of parental support or care because of continued absence from the home. Continued absence of the parent from the home is regarded as deprivation of parental support or care according to the following criteria: (1) The parent is physically absent from the …

67:12:01:30. Absence of parent because of employment, seeking employment, or attending school. The absence of a parent from the home for the purposes of seeking employment, actual employment, or attending school is not considered deprivation of parental support or care unless the…

67:12:01:31. Absence of parent due to hospitalization, imprisonment, and deportation. In accordance with the criteria in § 67:12:01:29, hospitalization, imprisonment, and deportation is considered deprivation of parental support. A parent who is a convicted offender serving a cou…

67:12:01:32. Absence of parent due to uniformed service. 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. For purposes of this section, "u…

67:12:01:33. Absence of parent if mother not married to father of child. When the mother of the child is not and has not been married to the father of the child, the continued absence of either parent from the home may be considered deprivation of parental support or care if the …

67:12:01:34. Absence of parent due to divorce or separate maintenance decrees. A divorce or separate maintenance decree constitutes deprivation of parental support by continued absence of the parent from the home if one of the parents leaves the marital home and the criteria of §…

67:12:01:35. Absence of parent by mutual agreement of separation. A mutual agreement of separation shall constitute deprivation of parental support if the criteria of § 67:12:01:29 are met. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effect…

Rule 67:12:01:36 Repealed. 67:12:01:36. Absence of parent by desertion.Repealed. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 21 SDR 172, effective April 3, 1995.

67:12:01:37. Absence of parent in unstable family situation. Notwithstanding § 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 gu…

Rule 67:12:01:38 Repealed. 67:12:01:38. Determination of continued payments when absent parent returns to family.Repealed. Source: SL 1975, ch 16, § 1; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 12 SDR…

67:12:01:39. Deprivation of parental support or care because of physical or mental incapacity of parent. Sections 67:12:01:40 to 67:12:01:48, inclusive, implement the 45 C.F.R. § 233.90(c) (May 19, 1994) eligibility requirement of deprivation of parental support or care by reason…

67:12:01:40. Determination of incapacity by disability incapacity consultation team. The disability incapacity consultation team shall determine eligibility because of incapacity on the basis of medical evidence supplemented by a social history and work history completed by the c…

67:12:01:41. Definition of "physical or mental incapacity." "Physical or mental incapacity" of a parent exists when one parent has a physical or mental defect, illness, or impairment. The incapacity must be: (1) Supported by competent medical testimony; (2) So debilitating as to …

67:12:01:42. Patient's consent for release of medical information. No medical information is obtainable without the patient's written consent. The caseworker shall obtain the consent for release from the patient. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, …

67:12:01:43. Medical examinations if information not available -- Choice of examiners. The department may request a medical examination of the applicant or recipient only when medical information is not available from physicians' records and other medical sources to establish men…