Title 1, STATE AFFAIRS AND GOVERNMENT

The Indian Child Welfare Advisory Council is hereby established within the Department of Social Services to facilitate communication, collaboration, and cooperation between the tribes, the department, and other subject matter experts; to promote the exchange of ideas and innovati…

The Indian Child Welfare Advisory Council shall meet at least one time each year, at the call of the chair. The representative of the Department of Social Services shall serve as the chair of the advisory council. Source: SL 2024, ch 12 , § 2.

The Board of Social Services shall annually elect from its members such officers as it deems advisable. A majority of the board members shall be required to constitute a quorum. The quasi - legislative, quasi - judicial, and special budgetary functions of the Board of Social Serv…

The divisions of social welfare, mental health and mental retardation, and human development within the Department of Social Services pursuant to chapter 1-36 are hereby abolished and the Department of Social Services shall consist of agencies and programs created by law, executi…

The secretary of social services, as head of the Department of Social Services, shall perform all functions under chapter 1-36 of the former director of social welfare and the former director of human development. Source: SL 1981, ch 376 , § 18; SL 1989, ch 21 , § 27. 1-36-7

The functions of the former Division of Social Welfare under chapter 1-36 and Title 28, are transferred to the Department of Social Services and the secretary of social services, and may be organized within the Department of Social Services as the secretary, with the approval of …

The functions of the former Division of Human Development under chapter 1-36 and the functions of the former Office of Community Services and the supervisor of the Office of Community Services under chapters 26-4 and 26-6 are transferred to the Department of Social Services and t…

The Department of Social Services shall, under the direction of the secretary of social services, perform all administrative functions except special budgetary functions (as defined in § 1-32-1 ) of the commission on the status of women created by chapter 20-14 , and may provide …

There is created a Department of Human Services. Source: SL 1989, ch 21 , § 1.

The Department of Human Services may make contracts for service, the erection of buildings, the purchase and lease of lands, materials, and supplies needed, except such supplies as are under the supervision of the Bureau of Human Resources and Administration as prescribed by chap…

The Department of Human Services may, subject to chapter 4-8B , accept and control on behalf of the institutions of this state under its supervision: (1) Any federal funds, grants - in - aid, subventions, or other financial aids that may be made available to such institutions for…

The Department of Human Services may condemn private property for public use. For the purposes of this section, private property includes that portion of any street, alley, or other public highway along both sides of which the land is owned by the state. If the Department of Huma…

The Department of Human Services and the Department of Social Services may expend from any appropriation of money for the construction of any public building that may lawfully be constructed under its supervision, or from any appropriation made for such purposes, sufficient funds…

The Department of Human Services and the Department of Social Services may move, dismantle, destroy, or sell any temporary buildings or structures if the secretaries determine the action is in the best interests of the State of South Dakota, in order to make better use of the are…

The head of the Department of Human Services is the secretary of human services. The secretary of human services shall be appointed by the Governor with the consent of the Senate and shall serve at the pleasure of the Governor pursuant to S.D. Const., Art. IV, § 9. The secretary …

The Department of Human Services and the Department of Social Services may expend any moneys appropriated by the Legislature for maintenance, repair, remodeling, modernization, and replacement projects by using institutional personnel or inmates if the secretaries determine that …

The secretary of human services shall prescribe the management of the institutions under the department's control, and such manner of keeping the accounts thereof so that all property belonging to the state can be readily ascertained at any time from the books and accounts thereo…

The Department of Human Services and the Department of Social Services may promulgate rules pursuant to chapter 1-26 for the discipline and order of any of its institutions and the management thereof, and the officers and employees of such institutions shall comply with all direc…

The Department of Human Services and the Department of Social Services may receive and disburse from social security benefits, retirement annuities, and such other funds as may accrue to patients in residence at institutions under jurisdiction of the departments. Such disbursemen…

The secretary of human services may examine the condition of any institution under the department's control, financially or otherwise; examine the methods of instruction and treatment and management of patients, the official conduct of all officers and employees, the condition of…

If, in the opinion of the secretary of human services, any matter in regard to the management of any institution under the department's control, or any matter in regard to any patient of any institution under the department's control, requires legal investigation or action of any…

The Department of Human Services shall consist of the following agencies: (1) The Division of Developmental Disabilities; (2) South Dakota Developmental Center--Redfield; (3) The Division of Rehabilitation Services; (4) The Division of Service to the Blind and Visually Impaired; …

The following boards and advisory councils shall be administered by the Department of Human Services: (1) The planning council on developmental disabilities; (2) The board of vocational rehabilitation; and (3) The board of service to the blind and visually impaired. Source: SL 19…

The secretary of human services shall appoint, and may at pleasure remove, subject to approval by the Governor, division directors in the Department of Human Services. The secretary of human services shall submit for approval to the commissioner of personnel minimum qualification…

The Department of Human Services shall register and renew the registration annually of any person certified in accordance with § 1-36A-10.4 or 1-36A-10.5 who demonstrates compliance with §§ 1-36A-10.1 to 1-36A-16 , inclusive, and who pays the applicable fees unless good cause exi…

For the purposes of §§ 1-36A-10.1 to 1-36A-16 , inclusive, the term, interpreting, means the process of providing accessible communication between and among persons who are deaf or hard-of-hearing and those who are hearing. This process includes communication between American Sig…

No person may do any of the following with respect to providing interpreting services for any person who is deaf or hard-of-hearing for a fee or other remuneration unless certified pursuant to § 1-36A-10.4 or 1-36A-10.5 and registered with the Department of Human Services: (1) En…

The Department of Human Services may issue provisional certification to a person who: (1) Has graduated from a postsecondary degree program of two years or more accredited in interpreter preparation or interpreter education; (2) Participates in a department approved plan of up to…

A person may be registered as a certified interpreter for the deaf if: (1) The person is certified by and in good standing with: (a) The Registry of Interpreters for the Deaf; (b) The National Association of the Deaf; (c) The Educational Interpreter Performance Assessment Center,…

Any person may engage in interpreting during the worship service of any religious organization without being certified pursuant to § 1-36A-10.4 or 1-36A-10.5 and registered with the Department of Human Services. Source: SL 2006, ch 6 , § 5.

The Department of Human Services shall maintain, and publish, and make available upon request a registry of all certified interpreters and their respective levels of qualification. Source: SL 1987, ch 25 , § 1; SL 1992, ch 17 , § 1; SL 1993, ch 21 , § 2; SL 1996, ch 17 , § 1; SL …

The Department of Human Services may promulgate rules pursuant to chapter 1-26 to establish continuing education requirements for individuals registered with the department pursuant to subdivision 1-36A-10.5 (4), to establish qualifications, continuing education requirements, ext…

The fund for certification of interpreters for the deaf in the state treasury is renamed the fund for registration of interpreters for the deaf. All fees received by the Department of Human Services and money collected under § 1-36A-15 shall be deposited in the fund. Any money in…

Any balance of fees received by the Department of Human Services after payment of compensation and expenditures may be expended by the secretary of human services only in administering §§ 1-36A-10.1 to 1-36A-16 , inclusive. Source: SL 1993, ch 21 , § 5; SL 1997, ch 14 , § 5; SL 2…

The Department of Human Services shall promulgate rules pursuant to chapter 1-26 to establish the following nonrefundable fees for provisional certification and registration: (1) For provisional certification, not more than three hundred twenty-five dollars; (2) For initial regis…

The provisions of §§ 1-36A-10.1 to 1-36A-15 , inclusive, do not prohibit: (1) Any signing assistance in a medical emergency until the assistance of a certified interpreter is obtained; (2) The practice of interpreting, if directly supervised by a certified interpreter, included i…

The Department of Human Services shall establish and administer a state-wide interpreter mentoring program for interpreters for the deaf. The program may be implemented through contracts with public and private organizations that provide services to persons who are deaf or hard o…

The Department of Human Services may establish a program of services for adults and the elderly to promote the development, coordination, and utilization of resources to meet the long-term needs of adults and the elderly and to provide services to assist them in their social and …

The secretary may promulgate reasonable and necessary rules, pursuant to chapter 1-26 , for the administration and operation of the program for adults and the elderly relating to the following areas: (1) Services to enable recipients to remain in their own home and services to ol…

The adult services and aging programs shall keep such records as may be required by law or federal regulations. All applications and records concerning any applicant or recipient are confidential. Except for purposes directly connected with the administration of the adult service…

The use or disclosure of information concerning applicants and recipients is limited to: (1) Any person authorized by the secretary in connection with the secretary's official duties, if the official duties are directly connected with the administration of the adult services and …

Except for adult protective services cases, confidential information shall be released if requested by specific written waiver of the applicant or recipient concerned. Source: SL 1987, ch 200 , § 7; SL 2004, ch 167 , § 34; SDCL § 28-1-45.5 ; SL 2017, ch 230 (Ex. Ord. 17-1 ), § 29…

All investigative case records and files relating to reports of abuse, neglect, or exploitation of adults and elderly are confidential, and no disclosure of any such records, files, or other information may be made except as authorized in this chapter. The Department of Human Ser…

Except as otherwise provided for in § 1-36A-29.1 , the Department of Human Services may disclose information to referring individuals and entities, for the purpose of relaying the status of their referral. Source: SL 2024, ch 13 , § 1.

There is hereby created within the Department of Human Services the following divisions: (1) The Division of Rehabilitation Services, which is the state agency to administer the state vocational rehabilitation plan to provide rehabilitation services to individuals except persons …

No person, facility, or other entity may discriminate or retaliate in any manner against any resident or relative or legally appointed representative, any employee of a nursing facility, assisted living center, or other residential facility or any other person because of making a…