South Dakota Administrative Code

Rule 67:18:01:10 Repealed. 67:18:01:10. Conversion of written agreement.Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; repealed, 13 SDR 89, effective Janu…

Rule 67:18:01:11 Repealed. 67:18:01:11. Determining support obligation on default of absent parent.Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; 13 SDR 3…

Rule 67:18:01:12 Repealed. 67:18:01:12. Establishing a judgment for arrearages.Repealed. Source: 2 SDR 31, effective October 30, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; 13 SDR 34, effective September 29, 1986; repealed, 16 SDR 119, …

Rule 67:18:01:12.01 Repealed. 67:18:01:12.01. Determination of minimum support obligation.Repealed. Source: 9 SDR 43, effective October 10, 1982; repealed, 13 SDR 34, effective September 29, 1986.

Rule 67:18:01:13 Repealed. 67:18:01:13. Department decision considered final.Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; repealed, 16 SDR 119, effectiv…

Rule 67:18:01:14 Repealed. 67:18:01:14. Termination of assignment.Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; 24 SDR 72, effective November 30, 1997; r…

Rule 67:18:01:15 Assignment remains in effect for support furnished by department. 67:18:01:15. Assignment remains in effect for support furnished by department. An assignment after September 30, 1997, is limited to the support obligation due for the months the family receives as…

Rule 67:18:01:16 Repealed. 67:18:01:16. Assignment remains in effect for future collections.Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 177, effective July 8, 1982; repealed, 13 SDR 8…

Rule 67:18:01:17 Continued services when individual no longer receives assistance -- Notice. 67:18:01:17. Continued services when individual no longer receives assistance -- Notice. When an individual no longer receives Temporary Assistance to Needy Families (TANF), Supplemental …

Rule 67:18:01:17.01 Provisions for charging fees for continued services for former recipients. 67:18:01:17.01. Provisions for charging fees for continued services for former recipients. The department does not require an application or charge an application fee for continued supp…

Rule 67:18:01:17.02 Availability of enforcement services for individual not receiving assistance -- Power of attorney. 67:18:01:17.02. Availability of enforcement services for individual not receiving assistance -- Power of attorney. The department may provide enforcement service…

Rule 67:18:01:17.03 Enforcement services for families eligible for Medicaid. 67:18:01:17.03. Enforcement services for families eligible for Medicaid. Thedepartment shall provide enforcement services to low-income families eligible for Medicaid under the provisions of article 67:1…

Rule 67:18:01:18 Repealed. 67:18:01:18. Cost for continued collection.Repealed. Source: 2 SDR 31, effective October 30, 1975; repealed, 4 SDR 84, effective June 11, 1978.

Rule 67:18:01:19 Termination of services -- Case closure. 67:18:01:19. Termination of services -- Case closure. The department may close a case and terminate services, including any orders for withholding income, 60 days after sending a written notice to the recipient of services…

Rule 67:18:01:19.01 Request to reopen closed case. 67:18:01:19.01. Request to reopen closed case. A former recipient or nonrecipient may request that the department reopen a case closed under the provisions of § 67:18:01:19. The department shall reopen the case if the appropriate…

Rule 67:18:01:20 Nonrecipient application fees. 67:18:01:20. Nonrecipient application fees. Upon execution of a power of attorney the following application fees shall be collected from a nonrecipient who applies for the following services: (1) For child and spousal enforcement su…

Rule 67:18:01:20.01 Department subject to annual fee. 67:18:01:20.01. Department subject to annual fee. Pursuant to Pub. L. 115-123, as amended to July 1, 2019, the department is subject to an annual fee when the amount of child support collected on behalf of and distributed to a…

Rule 67:18:01:21 Repealed. 67:18:01:21. Nonrecipient collection fees.Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 177, effective July 8, 1982; 9 SDR 87, effective January 4, 1983; repe…

Rule 67:18:01:22 Requests for use of federal parent locator service. 67:18:01:22. Requests for use of federal parent locator service. The department shall accept requests for use of the federal parent locator service from the following: (1) A resident parent, legal guardian, atto…

Rule 67:18:01:23 Repealed. 67:18:01:23. Distribution of collections to nonrecipients.Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 177, effective July 8, 1982; 9 SDR 87, effective Janua…

Rule 67:18:01:24 Repealed. 67:18:01:24. Payment to caretaker.Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, repealed effective July 11, 1978; 13 SDR 89, reenacted January 19, 1987; repealed, 23 SDR 83, effective November 24, 1996.

Rule 67:18:01:25 Distribution of amounts collected from sources other than federal income tax offset. 67:18:01:25. Distribution of amounts collected from sources other than federal income tax offset. A support collection received from a source other than a federal income tax offs…

Rule 67:18:01:25.01 Distribution of amounts collected for foster care maintenance. 67:18:01:25.01. Distribution of amounts collected for foster care maintenance. If the department collects child support on behalf of a child for whom the department is making a Title IV-E foster ca…

Rule 67:18:01:25.02 Distribution of IRS federal income tax refund offsets. 67:18:01:25.02. Distribution of IRS federal income tax refund offsets. A support collection received by the department as a result of a federal income tax refund offset shall be distributed as follows: (1)…

Rule 67:18:01:25.03 Distribution of IRS federal income tax refund offsets in foster care maintenance cases. 67:18:01:25.03. Distribution of IRS federal income tax refund offsets in foster care maintenance cases. The department shall distribute collections received as a result of …

Rule 67:18:01:26 Repealed. 67:18:01:26. Number of caretaker bonuses.Repealed. Source: 2 SDR 31, effective October 30, 1975; repealed, 4 SDR 84, effective June 11, 1978.

Rule 67:18:01:27 Repealed. 67:18:01:27. Caretaker bonus unauthorized.Repealed. Source: 2 SDR 31, effective October 30, 1975; repealed, 4 SDR 84, effective June 11, 1978.

Rule 67:18:01:28 Date of collection designated. 67:18:01:28. Date of collection designated. The date of collection is the date the department receives the collection. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective Ju…

Rule 67:18:01:29 Repealed. 67:18:01:29. Collections in excess of support obligation. Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; repealed, 13 SDR 89, e…

Rule 67:18:01:30 DCS report to Division of Economic Assistance. 67:18:01:30. DCS report to Division of Economic Assistance. After the end of each month, DCS shall report to the Division of Economic Assistance the amount collected on a noncustodial parent's required child or spous…

Rule 67:18:01:31 Repealed. 67:18:01:31. Disposal of continued collection.Repealed. Source: 2 SDR 31, effective October 30, 1975; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:18:01:32 Repealed. 67:18:01:32. Collections in the absence of established support obligation. Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; 24 SD…

Rule 67:18:01:33 Prepayment of future support obligations. 67:18:01:33. Prepayment of future support obligations. Any collections of required support obligations which have been specifically designated by the noncustodial parent as support obligations for future months shall be a…

Rule 67:18:01:34 Incentive payments. 67:18:01:34. Incentive payments. The department may not pay any incentive payments in connection with the enforcement and collection of support obligations. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR…

Rule 67:18:01:35 Repealed. 67:18:01:35. Source of incentive payment.Repealed. Source: 2 SDR 31, effective October 30, 1975; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:18:01:36 Repealed. 67:18:01:36. Amount of incentive payment.Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 77, effective May 21, 1978; 5 SDR 48, effective December 19, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 13 SDR 89, effective January …

Rule 67:18:01:37 Repealed. 67:18:01:37. Reestablishment of incentive payment.Repealed. Source: 2 SDR 31, effective October 30, 1975; repealed, 4 SDR 77, effective May 21, 1978.

Rule 67:18:01:38 Intergovernmental collections. 67:18:01:38. Intergovernmental collections. Within two business days after collection, the department shall pay the appropriate agency in another state the entire amount collected on behalf of the other state, a political subdivisio…

Rule 67:18:01:39 Repealed. 67:18:01:39. Use of identifying code. Repealed. Source: 2 SDR 31, effective October 30, 1975; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:18:01:40 Repealed. 67:18:01:40. Interstate incentive payments received.Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:18:01:41 Repealed. 67:18:01:41. Time within which incentive payment payable.Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 177, effective July 8, 1982; repealed, 13 SDR 89, effec…

Rule 67:18:01:42 Repealed. 67:18:01:42. Multiple incentive payments payable.Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 13 SDR 89, effective January 19, 1987.

Rule 67:18:01:43 Repealed. 67:18:01:43. No intrastate incentive payment payable.Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:18:01:44 Cooperative agreements. 67:18:01:44. Cooperative agreements. Cooperative agreements may include provisions which relate to items such as the following: (1) Safeguarding information furnished; (2) Restricting the use of any information disclosed to purposes direct…

Rule 67:18:01:45 Repealed. 67:18:01:45. Intrastate incentive payments payable. Repealed. Source: 2 SDR 31, effective October 30, 1975; repealed, 4 SDR 84, effective June 11, 1978.

Rule 67:18:01:46 Repealed. 67:18:01:46. Reimbursement to federal government.Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 177, effective July 8, 1982.

Rule 67:18:01:47 Enforcement of support obligations. 67:18:01:47. Enforcement of support obligations. The department shall identify, within 30 days after the obligation was due, those individuals who have failed to comply with and pay any support obligation and shall contact thos…

Rule 67:18:01:48 Repealed. 67:18:01:48. Priority on current obligation. Repealed. Source: 2 SDR 31, effective October 30, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 24 SDR 72, effective November 30, 1997; repealed, 41 SDR 108, effective January 6, 2015.

Rule 67:18:01:49 Methods of enforcement of support obligation. 67:18:01:49. Methods of enforcement of support obligation. The department may use methods such as the following to enforce delinquent support obligations: (1) Issuing delinquency notices; (2) Making a personal contact…

Rule 67:18:01:49.01 Guidelines for imposition of liens. 67:18:01:49.01. Guidelines for imposition of liens. The filing of a lien by the department for overdue support obligations on the real or personal property of a noncustodial parent in this state is not required in the follow…