Title 1 — STATE AFFAIRS AND GOVERNMENT

1-36-20 Secretary may adopt federally mandated rules--Procedure--Effective date. 1-36-21 Contracts for care of persons subject to or receiving institutional treatment in another state or federal government--Return to sending state or federal government. 1-36-22 Compensation for s…

If the secretary of the Department of Social Services is authorized to promulgate rules and the adoption of certain rules is mandated by a federal rule or regulation, the secretary may, without following the procedures set forth in §§ 1-26-4 to 1-26-6 , inclusive, serve on code c…

The Department of Social Services may enter into contracts with the proper authorities of other states or the federal government, to provide for the support, maintenance, care, and treatment of other persons subject to or receiving institutional treatment in any such other state …

The expenses for such support, maintenance, care, and treatment as agreed upon may not be less than an amount required to compensate the State of South Dakota for the total cost thereof to the state. Such compensation when received shall be deposited with the state treasurer and …

The Department of Social Services may transfer any person who is a resident at any institution under its control to another state or to the federal government for like institutional care, and contract with the proper authorities of such other state or federal government for the s…

1-36A-1.17 Condemnation of private property authorized--Private property defined--Procedure. 1-36A-1.18 Purchase of fire insurance pending completion of buildings. 1-36A-1.19 Disposition of temporary buildings--Evaluation by Bureau of Human Resources and Administration. 1-36A-1.2…

1-36A-2

1-36-27 Human Services Center transferred. 1-36-28 Division of Mental Health transferred. 1-36-29 Board of Social Work Examiners transferred. 1-36-30 Board of Examiners of Psychologists transferred. 1-36-31 1-36-31 to 1-36-34. Repealed by SL 2016, ch 15 , §§ 3 to 6. 1-36-35 Repea…

The Human Services Center, Yankton, is hereby transferred from the Department of Human Services to the Department of Social Services. The secretary of the Department of Social Services shall perform the functions of the secretary of the Department of Human Services relating to th…

The Division of Mental Health created by chapter 1-36A is hereby transferred from the Department of Human Services to the Mental Health Division, Department of Social Services. The secretary of the Department of Social Services shall perform the functions of the secretary of the …

The Board of Social Work Examiners, created by chapter 36-26 , and its functions in the former Department of Human Services are transferred to the Department of Social Services. The secretary of the Department of Social Services shall perform the functions of the secretary of the…

The Board of Social Services is hereby continued within the Department of Social Services and shall consist of seven members, not more than four of which may be members of the same political party, appointed by the Governor and subject to removal for cause only. The term of offic…

The Board of Examiners of Psychologists, created by chapter 36-27A , and its functions in the former Department of Human Services are transferred to the Department of Social Services. The secretary the Department of Social Services shall perform the functions of the secretary of …

Source: SL 2011, ch 12 , § 1; SL 2018, ch 145 , § 3; SL 2024, ch 11 , § 1.

Each person hired by the Department of Social Services to serve as a social service aide, family services specialist, family services specialist supervisor, and regional manager in the Division of Child Protection Services or by the Department of Human Services as a home health a…

The Department of Social Services shall cooperate with and support each county in the development and maintenance of a statewide centralized resource information system accessible to any resident of this state. The resource information system shall be accredited by the Alliance o…

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…

1-36-5.1 Divisions of social welfare, mental health and mental retardation, and human development abolished--Agencies and programs constituting department. 1-36-6

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…

1-36-6.1 Performance of functions of former director of social welfare and former director of human development. 1-36-7

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. Sup…

1-36-7.1 Performance of functions of former Division of Social Welfare. 1-36-7.2 Performance of functions of former Division of Human Development and former Office of Community Services and supervisor of office of community services. 1-36-7.3

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…

Ord. 11-1 ), § 105, eff. Apr. 12, 2011. 1-36-7.4 Performance of administrative functions for commission on status of women. 1-36-8 1-36-8 to 1-36-10. Repealed by SL 1977, ch 226 , § 26. 1-36-11

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 …

1-36A-1.1 Department created. 1-36A-1.2 Secretary as head of department. 1-36A-1.3 Agencies constituting department. 1-36A-1.4

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…

Transferred to §

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; …

Ord. 11-1 ), § 101, eff. Apr. 12, 2011. 1-36A-1.5 Boards and advisory councils transferred to department. 1-36A-1.6 Appointment and removal of division directors. 1-36A-1.7 Repealed by SL 2012, ch 13 , §§ 1 to 4. 1-36A-1.11 Department authorized to make certain contracts. 1-36A-1…

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…

Repealed by SL 2012, ch 14 , § 2.

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…