South Dakota Administrative Code

67:12:01:44. Psychiatric reports and records from mental hospital may be sufficient. The department may determine whether an individual is disabled upon review of psychiatric reports and records from a mental hospital. However, if the patient also has a physical disability, the d…

67:12:01:45. Basis for payments for medical examinations and reports -- Authorization required for intensive procedures. Payments for medically necessary examinations, x-rays, laboratory tests, and reports must be made in compliance with chapter 67:16:02. The provider shall obtai…

67:12:01:46. Incapacity related to ability to carry full-time job. Incapacity must be related to the ability to carry a full-time job that might reasonably be expected to provide a living for a family. When incapacity permits part-time work only, Aid to Families With Dependent Ch…

Rule 67:12:01:47 Repealed. 67:12:01:47. Eligibility for ADC payments if mother is incapacitated and father ablebodied.Repealed. Source: SL 1975, ch 16, § 1; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 68, effective January …

67:12:01:48. Parents receiving disability payments under other programs. A parent under the age of sixty-five who receives a disability payment through social security disability insurance or supplemental security income is regarded as meeting the requirements for incapacity for …

67:12:01:48.01. Eligibility of parents participating in vocational rehabilitation training programs. An incapacitated recipient who is a parent receiving training under the programs offered by the Department of Human Services meets the continued incapacity requirements for Aid to…

67:12:01:49. Cessation of incapacity. 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 inc…

67:12:01:50. Temporary absence of child or payee relative. Aid to Families With Dependent Children eligibility is not affected if either the child or the payee relative is temporarily absent from the home, as long as the payee relative continues to: (1) Provide a home where the c…

67:12:01:51. Emergency payee. In the case of a sudden death, desertion, imprisonment, mental health commitment, or other traumatic emergency situation of the relative payee, the Aid to Families With Dependent Children may be continued for a temporary period to persons acting for …

67:12:01:52. Unsuitable home. The department may not deny an Aid to Families With Dependent Children payment because of the condition of the home where a child resides unless a court of competent jurisdiction has declared the home unsuitable and provision is made for the care and…

67:12:01:53. Man not married to mother and living in household. Eligibility for Aid to Families With Dependent Children may 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 childre…

67:12:01:54. Inclusion of caretaker relative other than parent in aid to families with dependent children grant. A caretaker relative other than the parent may be included in the aid to families with dependent children grant if the caretaker relative meets the following condition…

67:12:01:55. Eligibility of second parent in aid to families with dependent children grant. The department must include the second parent in the aid to families with dependent children (AFDC) grant if the AFDC household meets the following qualifications: (1) The second natural o…

Rule 67:12:01:56 Repealed. 67:12:01:56. Child care only case.Repealed. Source: SL 1975, ch 16, § 1; repealed, 2 SDR 88, effective July 1, 1976.

67:12:01:57. Confidentiality of client's records. 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 that the client has given directly to t…

Rule 67:12:01:58 Repealed. 67:12:01:58. Eligibility for aid to dependent children foster care.Repealed. Source: 1 SDR 53, effective January 22, 1975; repealed, 2 SDR 74, effective May 13, 1976.

Rule 67:12:01:59 Repealed. 67:12:01:59. Certification of payment.Repealed. Source: 1 SDR 53, effective January 22, 1975; repealed, 2 SDR 74, effective May 13, 1976.

67:12:01:60. Date of entitlement for medical coverage. Medical assistance may begin as early as the first day of the third month prior to the month of application for Aid to Families With Dependent Children (AFDC) in accordance with § 67:46:01:03. Determination of AFDC eligibilit…

Rule 67:12:01:61 Transferred. 67:12:01:61. Transferred to §§ 67:12:17:02 and 67:12:17:14. 67:12:01:61.01. Continued medical coverage -- Child support. A recipient who becomes ineligible for financial assistance because of child or spousal support collected by the department on be…

67:12:01:61.01. Continued medical coverage -- Child support. A recipient who becomes ineligible for financial assistance because of child or spousal support collected by the department on behalf of a member of the assistance unit, continues to be eligible for Aid to Families With…

Rule 67:12:01:61.02 Transferred. 67:12:01:61.02 Transferred to §§ 67:12:17:02 and 67:12:17:14.

67:12:01:62. Incapacity based on blindness or visual impairment -- Medical findings required. 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. To conclude the pare…

Rule 67:12:01:63 Repealed. 67:12:01:63. Redetermination of deprivation for continued eligibility for aid to dependent children foster care.Repealed. Source: 1 SDR 66, effective April 3, 1975; repealed, 2 SDR 74, effective May 13, 1976.

Rule 67:12:01:64 Repealed. 67:12:01:64. Furnishing social security numbers as a condition of eligibility.Repealed. Source: 1 SDR 66, effective April 6, 1975; 3 SDR 52, effective January 27, 1977; repealed, 5 SDR 102, effective June 6, 1979.

Rule 67:12:01:65 Repealed. 67:12:01:65. Application for aid to dependent children is an automatic assignment of rights of support.Repealed. Source: 1 SDR 66, effective April 6, 1975; 4 SDR 60, effective March 26, 1978; repealed, 7 SDR 23, effective September 18, 1980.

67:12:01:66. Cooperation of caretaker relative as condition of eligibility. Applicants for, or recipients of, Aid to Families With Dependent Children shall cooperate with the department in identifying and locating the absent parent or parents of, obtaining child support payments …

67:12:01:66.01. Cooperation of applicant or recipient not required. Section 67:12:01:66 does 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 suppo…

67:12:01:66.02. Applicant or recipient to establish good cause. 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 wou…

67:12:01:66.03. Applicant or recipient to provide timely evidence -- Extensions -- Failure to respond. An applicant or recipient who submits a written good cause claim shall provide confirming evidence within twenty days after the day the claim was made to the department. An exte…

67:12:01:66.04. Evidence of good cause. 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 that indicate the child was conceived as a result of ince…

67:12:01:66.05. Department to investigate good cause claims. The department may investigate any good cause claim. The department shall investigate any good cause claim believed to be credible based on anticipated physical harm if the claim of physical harm cannot be supported by …

67:12:01:66.06. Additional evidence may be required. If the department requests additional evidence of the types specified in § 67:12:01:66.04 to determine good cause, the department must promptly notify the applicant or recipient and shall specify the types of documents needed. …

67:12:01:66.07. Departmental contact with absent parent. In a good cause investigation, before contacting the absent parent, the department shall notify the applicant or recipient of its intention to contact the absent parent. After notice, the department may not contact the abse…

67:12:01:66.08. Department to determine good cause and notify applicant or recipient -- Contents of notice. Based on the evidence supplied by the applicant or recipient under § 67:12:01:66.04, or the department's own investigation as specified in § 67:12:01:66.05, or a combinatio…

67:12:01:66.09. Appeal of good cause determination. If the applicant or recipient disagrees with the department's determination arrived at under § 67:12:01:66.08, the applicant or recipient may appeal the determination by requesting a fair hearing under the provisions of chapter …

67:12:01:66.10. Criteria for basing good cause on emotional harm. The department may make a finding of good cause based on emotional harm upon a demonstration of emotional impairment that substantially affects the applicant's or recipient's functioning. The following must be cons…

67:12:01:66.11. Biannual redetermination of good cause -- Notice of rescindment. The department shall biannually review all approved good cause claims established on circumstances that are subject to change. If the department determines that good cause no longer exists, it must r…

Rule 67:12:01:67 Repealed. 67:12:01:67. Prompt notice to the office of child support enforcement.Repealed. Source: 2 SDR 24, effective October 1, 1975; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 15 SDR 67, effective November 6, 1988.

Rule 67:12:01:68 Repealed. 67:12:01:68. Availability of administrative rules and regulations to the public.Repealed. Source: 2 SDR 24, effective October 1, 1975; repealed, 4 SDR 60, effective March 26, 1978.

67:12:01:69. Individuals who must be included in assistance unit. Unless specifically excluded under § 67:12:05:51, the following individuals must be included in the assistance unit if they live in the same household as the dependent child for whom assistance is being requested o…

67:12:01:70. Cooperation of applicant or recipient. If an applicant or recipient fails to provide the department with the necessary verifications to establish initial or continuing eligibility, the department must reject the initial application or terminate the present benefits. …

67:12:01:71. Denial of aid to families with dependent children benefits to strikers. Aid to families with dependent children (AFDC) benefits in the payment month are affected if an eligible household member or a nonrecipient parent is participating in a strike on the last day of …

67:12:01:72. Pregnant women referred to Department of Health. The department shall refer a pregnant applicant or recipient to the Department of Health for the women, infants, and children nutrition program and for case management services. Source: 15 SDR 2, effective July 17, 198…

67:12:01:73. Assistance unit randomly assigned to groups. The department shall randomly assign Aid to Families With Dependent Children assistance units either to the control group or the 1115 waiver group. Once the assistance unit is assigned, the parent caretaker relative remain…

67:12:01:74. Eligibility determinations for assigned groups. For a family assigned to the control group, the department determines eligibility and benefit levels according to article 67:12, except for §§ 67:12:05:76 to 67:12:05:79, inclusive, 67:12:06:42.01, 67:12:06:42.02, and 6…

67:12:01:75. Eligibility restrictions for a parent under the age of eighteen. Eligibility for a parent who is under the age of eighteen and not married is limited to an individual who: (1) Is living with a parent, legal guardian, or adult relative who meets the requirements of § …

67:12:01:76. Exceptions to eligibility requirements for parents under the age of eighteen. The department shall waive the requirement contained in subdivision 67:12:01:75(1) if: (1) There is no living adult relative; (2) No living adult relatives will allow the minor parent and c…

67:12:01:77. Denial of assistance for fugitive felons and probation and parole violators. An individual is ineligible for assistance under this article if the individual is fleeing to avoid prosecution, custody, or confinement for committing or attempting to commit a felony or fo…

67:12:01:78. Denial of assistance for fraudulently misrepresenting place of residence. An individual is ineligible for assistance under this article if the individual is convicted in a federal or state court of having made a fraudulent statement or representation regarding the in…

67:12:01:79. Assistance unit ineligible after sixty months. An assistance unit which includes an adult who has received assistance for sixty months is ineligible for assistance under this article. The sixty months do not have to be consecutive and do not begin to count until Dece…