South Dakota Administrative Code

Rule 67:18:01:49.02 Guidelines for posting of bond or other security. 67:18:01:49.02. Guidelines for posting of bond or other security. The posting of a bond or security to secure the payment of overdue support obligations of a noncustodial parent is not required in the following…

Rule 67:18:01:49.03 Furnishing information to consumer reporting agencies. 67:18:01:49.03. Furnishing information to consumer reporting agencies. The department shall furnish overdue child support information to consumer reporting agencies or credit bureaus. The department shall …

Rule 67:18:01:50 Notice of failure to cooperate. 67:18:01:50. Notice of failure to cooperate. When an applicant or recipient fails to cooperate with DCS, DCS shall promptly notify the Division of Economic Assistance for appropriate action by that office. Source: 2 SDR 31, effecti…

Rule 67:18:01:51 Failure to cooperate. 67:18:01:51. Failure to cooperate. Failure of the applicant or recipient to cooperate means any one of the following: (1) A refusal, upon request, to furnish all applicable verbal or written information available to, or later acquired by, th…

Rule 67:18:01:52 Transferred. 67:18:01:52. Transferred to § 67:18:01:51.

Rule 67:18:01:53 Repealed. 67:18:01:53. Appearance by office representatives.Repealed. Source: 2 SDR 31, effective October 30, 1975; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:18:01:54 Repealed. 67:18:01:54. Deposit of collections.Repealed. Source: 2 SDR 31, effective October 30, 1975; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:18:01:55 Notice of claim of good cause. 67:18:01:55. Notice of claim of good cause. Upon receiving notice from the Division of Economic Assistance that an applicant or recipient has claimed good cause for not cooperating, DCS shall suspend child support enforcement activi…

Rule 67:18:01:56 Effect of determination of good cause. 67:18:01:56. Effect of determination of good cause. DCS may not undertake to establish paternity or secure child support in any case in which the Division of Economic Assistance has determined that an applicant or recipient …

Rule 67:18:01:57 Repealed. 67:18:01:57. Time limit for service of order for income withholding.Repealed. Source: 13 SDR 89, effective January 19, 1987; 14 SDR 97, effective January 17, 1988; 17 SDR 51, effective October 7, 1990; repealed, 24 SDR 72, effective November 30, 1997.

Rule 67:18:01:58 Repealed. 67:18:01:58. Service of order for income withholding after payment of arrearages. Repealed. Source: 13 SDR 89, effective January 19, 1987; 14 SDR 97, effective January 17, 1988; 20 SDR 19, effective August 17, 1993; repealed, 24 SDR 72, effective Novemb…

Rule 67:18:01:58.01 Administrative review of withholding action. 67:18:01:58.01. Administrative review of withholding action. An individual contesting a withholding order under the provisions of SDCL 25-7A-26 has ten days after petitioning the department to provide documentation …

Rule 67:18:01:58.02 Right to fair hearing following review of petition to stay withholding. 67:18:01:58.02. Right to fair hearing following review of petition to stay withholding. The decision entered as a result of the administrative review under § 67:18:01:58.01 may be appealed…

Rule 67:18:01:58.03 Administrative review -- Lottery setoff. 67:18:01:58.03. Administrative review -- Lottery setoff. If an individual submits a timely request to the department for an administrative review of a lottery setoff, the individual has 10 calendar days from the date th…

Rule 67:18:01:59 Allocation of obligation to each child. 67:18:01:59. Allocation of obligation to each child. For record keeping purposes, the department shall allocate a proportionate share of the required support obligation of a noncustodial parent to each child in accordance w…

Rule 67:18:01:60 Notice of collection of assigned support. 67:18:01:60. Notice of collection of assigned support. Each month the department shall send a written report to recipients informing them of the amount of support collected from the noncustodial parent or parents and the …

Rule 67:18:01:61 Notice to noncustodial parent before restricting issuance of license, registration, certification, or permit. 67:18:01:61. Notice to noncustodial parent before restricting issuance of license, registration, certification, or permit. The department shall send a wr…

Rule 67:18:01:62 Administrative review and fair hearing before restricting issuance of license, registration, certification, or permit. 67:18:01:62. Administrative review and fair hearing before restricting issuance of license, registration, certification, or permit. Following re…

Rule 67:18:01:63 Payment of costs for obtaining affidavit of paternity. 67:18:01:63. Payment of costs for obtaining affidavit of paternity. The department shall reimburse a hospital, physician, health care provider, midwife, or nurse the sum of $20 for all costs associated with o…

Rule 67:18:01:64 Repealed. 67:18:01:64. New-hire reporting. Repealed. Source: 24 SDR 72, effective November 30, 1997; repealed, 35 SDR 49, effective October 1, 2008.

Rule 67:18:01:65 Certain distributions limited to parent, legal guardian, or caretaker. 67:18:01:65. Certain distributions limited to parent, legal guardian, or caretaker. When distributing collections to a family under this chapter, distribution is limited to the resident parent…

Rule 67:18:01:66 Repealed. 67:18:01:66. Interest on unpaid support obligation or arrearage.Repealed. Source: 28 SDR 112, effective February 20, 2002; suspended, 29 SDR 5, 29 SDR 9, effective July 1, 2002; repealed, 29 SDR 34, effective September 18, 2002.

Rule 67:18:01:67 State directory of new hires -- Reporting requirements. 67:18:01:67. State directory of new hires -- Reporting requirements. Every employer within the state shall furnish to the state directory of new hires a report of any newly hired employee. The report must in…

Rule 67:22:01:01 Definitions. 67:22:01:01. Definitions. Terms used in this chapter mean: (1) "Auxiliary placement program," the program that reimburses educational expenses for eligible youth in residential placement; (2) "Community support provider," a nonprofit facility as defi…

Rule 67:22:01:02 Eligibility requirements. 67:22:01:02. Eligibility requirements. A youth's educational expenses are eligible for payment by the Auxiliary Placement Program if that youth is a South Dakota resident and one of the following conditions exists: (1) The youth is in th…

Rule 67:22:01:03 Post-graduation educational expenses. 67:22:01:03. Post-graduation educational expenses. The Auxiliary Placement Program may not pay the educational expenses for a youth after that youth receives a high school diploma. Source: 36 SDR 117, effective January 25, 20…

Rule 67:22:01:04 Covered programs and facilities. 67:22:01:04. Covered programs and facilities. The Auxiliary Placement Program shall pay the educational costs for an eligible youth if that youth is placed in one of the following residential programs or facilities: (1) Group care…

Rule 67:22:01:05 Education programs. 67:22:01:05. Education programs. All educational programs receiving payment by the Auxiliary Placement Program must be accredited or approved by the Department of Education. Source: 36 SDR 117, effective January 25, 2010. General Authority: SD…

Rule 67:22:01:06 Reimbursement. 67:22:01:06. Reimbursement. The rate paid by the Auxiliary Placement Program shall be set annually by the department. The full rate shall be paid for school days that include at least 5.5 hours of instructional time. One-half of the rate shall be p…

Rule 67:22:01:07 Claim submission -- Independent education program. 67:22:01:07. Claim submission -- Independent education program. Group and residential centers that operate their own education program shall submit each claim on a form provided by the department on a monthly bas…

Rule 67:22:01:08 Claim submission -- Public education program. 67:22:01:08. Claim submission -- Public education program. Group and residential centers that use an education program operated by a South Dakota public school district during the regular school year shall report the …

Rule 67:22:01:09 Claim submission -- Summer school. 67:22:01:09. Claim submission -- Summer school. Group and residential centers that use an education program operated by a South Dakota public school district during the summer shall submit each claim on a form provided by the de…

Rule 67:40:07:01 Definitions. 67:40:07:01. Definitions. Terms used in Chapter 67:40:11 have the same meanings when used in this chapter. Terms used in this chapter mean: (1) "Activities of daily living," tasks performed routinely by an individual to maintain physical functioning …

Rule 67:40:08:01 Repealed. 67:40:08:01. Definition of "adult protective service." Repealed. Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:29:01, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 47 SDR 24, effective Septemer 8, 2020.

Rule 67:40:08:02 Repealed. 67:40:08:02. Persons eligible for adult protective service. Repealed. Source: 2 SDR 49, effective January 7, 1976; transferred from § 67:14:29:02, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 113, effective April 30, 1984; 40 SDR 122, effective Ja…

Rule 67:40:18:01 Definitions 67:40:18:01. Definitions. Terms used in this chapter mean: (1) "Activities," tasks performed routinely by a person to maintain physical functioning and personal care, including transferring, moving about, dressing, grooming, toileting, and eating; (2)…

Rule 67:40:19:01 Definitions. 67:40:19:01. Definitions. Terms used in this chapter mean: (1) "Activities of daily living," tasks performed routinely by an individual to maintain physical functioning and personal care, including transferring, moving about, dressing, grooming, toil…

Rule 67:40:19:02 Eligibility determination -- Assessment. 67:40:19:02. Eligibility determination -- Assessment. An individual may receive necessary services under this chapter if the individual is age 60 or older or age 18 or older with a disability. The department shall assess a…

Rule 67:40:19:03 Individual care plan. 67:40:19:03. Individual care plan. The department and the individual shall develop an individual care plan for each individual eligible for services based on the individual's assessment. The plan must contain: (1) The services or supports au…

Rule 67:40:19:04 In-home services and adult day services. 67:40:19:04. In-home services and adult day services. In-home services or adult day services may be provided to an individual who demonstrates a need for long-term supports and services through the assessment and meets the…

Rule 67:40:19:05 Congregate nutrition services. 67:40:19:05. Congregate nutrition services. Congregate nutrition services may be provided to the following individuals: (1) An individual age 60 or older; (2) The spouse of an individual age 60 or older, regardless of age, if the co…

Rule 67:40:19:05.01 Home nutrition services. 67:40:19:05.01. Home nutrition services. Home nutrition services may be provided to the following individuals: (1) An individual age 60 or older who is unable to leave home due to illness or disability; (2) Regardless of age, an indivi…

Rule 67:40:20:01 Definitions. 67:40:20:01. Definitions. Terms used in this chapter mean: (1) "Activities of daily living," activities as defined in § 67:40:19:01; (2) "Assessment," an evaluation of the caregiver's need for services; (3) "Caregiver support," assistance which may i…

Rule 67:40:20:02 Eligibility. 67:40:20:02. Eligibility. The following populations of caregivers are eligible to receive caregiver support: (1) Primary caregivers providing care to an individual at least 60 years of age who is frail as defined in § 67:40:20:01; (2) Primary caregiv…

Rule 67:40:20:03 Caregiver plan. 67:40:20:03. Caregiver care plan. The department and the primary caregiver shall develop a care plan based on the caregiver assessment to address the primary caregiver's needs. The plan must contain the approved services and budget, the allocation…

67:42:01:01. Definitions. Terms used in this article mean: (1) "Alternative care," care provided in family foster homes, group care centers for minors, group care centers meeting the qualifications of residential treatment centers as defined in § 67:42:08:01, independent living p…

Rule 67:42:01:02 Application of chapter 67:42:01. 67:42:01:02. Application of chapter 67:42:01. The provisions of chapter 67:42:01 apply to alternative care homes regulated by chapters 67:42:05; 67:42:07 to 67:42:09, inclusive; 67:42:13; and 67:42:15 unless otherwise specified. S…

Rule 67:42:01:03 Repealed. 67:42:01:03. Development of resources for Title XX services.Repealed. Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective November 21, 1983.

Rule 67:42:01:04 Application for license or registration certificate. 67:42:01:04. Application for license or registration certificate. Repealed. Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 21 SDR 2…

Rule 67:42:01:04.01 Repealed. 67:42:01:04.01. Documentation of need. Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 12 SDR 4, effective July 25, 1985; 14 SDR 98, effective January 18, 1988; 20 SDR 223, effective July 7, 1994;…