Title 28 — PUBLIC WELFARE AND ASSISTANCE

An applicant or recipient of assistance under this chapter shall, as a condition of eligibility for assistance, cooperate with proceedings to establish paternity and to enforce, collect, or modify child support on behalf of any child for whom assistance is claimed or received. So…

Application for or receipt of assistance under this chapter or of foster care maintenance payments under the Title IV-E state plan shall operate as an assignment by operation of law of all support rights from any person, which such applicant or recipient may have on the applicant…

Application shall be made in a manner prescribed by the department. The department shall promptly notify the applicant of its decision. Source: SL 1997, ch 166 , § 9.

The department shall make such assessment of the skills, prior work experience, and employability of eligible applicants or recipients as may be necessary and feasible for the purposes of this chapter. Source: SL 1997, ch 166 , § 10.

Source: SL 1975, ch 188 , § 2; SL 2004, ch 167 , § 59.

The purposes of this chapter are to qualify for federal funds under the provisions of Title XX of the Social Security Act; to administer said federal funds as well as other funds available to the Department of Social Services; and to direct all such public services of the departm…

Terms used in this chapter mean: (1) Deleted by SL 2004, ch 167, § 59. (2) "Department," the Department of Social Services created by § 1-36-1 ; and (3) "Secretary," the duly appointed, qualified, and acting head of the department created by §

In addition to any other rights, duties, powers, privileges, and responsibilities of the Department of Social Services or any division thereof, the department, through the secretary, may: (1) Prepare and submit for approval of the secretary of the United States Department of Heal…

Notwithstanding subdivision 28-8-25(6), no service fee may be imposed for any of the following services: (1) Information or informational and referral services; (2) Any services directed at the goal of preventing or remedying neglect, abuse, or exploitation of minor children or a…

All privately donated funds and other nonappropriated funds shall be deposited with the state treasurer and credited to a program account designated by the department and any such funds are continuously appropriated for use by the Department of Social Services for the purpose of …

Subject to rules of the department establishing eligibility for, the content of, and the extent of entitlement to services, with or without a service fee, the secretary of social services may provide services to and on behalf of individuals within this state, and fix standards or…

The use or disclosure of information obtained in connection with the administration of the comprehensive annual service programs concerning applicants for or recipients of such services is confidential and restricted to purposes directly connected with the administration of that …

Any person with a disability may use the services of a personal attendant to provide any medical, nursing, or health care services that a person without a disability can personally perform unless the person with a disability is residing in a licensed health care facility. Source:…

The Department of Human Services shall establish a program of attendant care for mentally alert quadriplegic persons who have severe paralysis of both lower limbs or trunk and total or partial paralysis of both upper limbs whose condition is caused by an accident and not the resu…

The secretary of human services may adopt reasonable and necessary rules pertaining to the attendant - care program in the following areas: (1) The amount, scope, and duration of care; (2) The level and basis of payment; (3) Eligibility determination; (4) Administration, record k…

The secretary of human services may provide attendant - care services by direct payment to the recipient based on a bill submitted by the recipient monthly on a form prescribed by the Department of Human Services. Source: SL 1988, ch 224 , § 3; SL 1992, ch 372 , § 19. 28-8A-8. Re…

For the purposes of §§ 28-8A-10 and 36-9-28 , a personal attendant is a person who acts at the direction of a person with a disability and provides that person with medical, nursing, or home health care services that a person without a disability can perform. Source: SL 1994, ch …

28-9-26. Repealed by SL 1997, ch 169 , § 2

Terms used in this chapter mean: (1) "Director," the director of rehabilitation services; (2) "Division," the Division of Rehabilitation Services; (3) "Vocational rehabilitation" and "vocational rehabilitation services," any goods or services, found by the director to be necessar…

The Division of Rehabilitation Services shall be administered by the director appointed pursuant to §

The director of rehabilitation services shall employ, in accordance with chapter 3-6D , personnel as the director deems necessary for the efficient performance of the Division of Rehabilitation Services. Source: SL 1951, ch 46 , § 3; SDC Supp 1960, § 15.08A03 (1); SDCL § 13-40-5;…

The Division of Rehabilitation Services shall provide vocational rehabilitation and independent living services to individuals with disabilities determined by the director of rehabilitation services to be eligible. Source: SL 1951, ch 46 , § 4; SDC Supp 1960, § 15.08A04; SDCL, § …

Except as otherwise provided by law or as specified in the state plan agreement with the federal government, the following rehabilitation services shall be provided to persons with disabilities based upon their economic need: (1) Physical and mental restoration; (2) Transportatio…

The director of the Division of Rehabilitation Services shall establish procedures, pursuant to chapter 1-26 , for the review of any determination made by a rehabilitation counselor or coordinator upon the request of the individual with the disability, or the individual's parents…

The Division of Rehabilitation Services shall make agreements or plans to cooperate with the United States in carrying out the purposes of any federal statutes pertaining to vocational rehabilitation. The division may adopt such methods of administration as are found by the Unite…

The secretary of the Department of Human Services may promulgate rules for the Division of Rehabilitation Services in accordance with chapter 1-26 , governing: (1) The protection of records and confidential information; (2) Application requirements; (3) Eligibility requirements; …

The Board of Vocational Rehabilitation is hereby designated as the Governor's Advisory Committee on Employment of People with Disabilities and shall perform the duties of the committee. Source: SL 1967, ch 270 , § 1; SL 1989, ch 444 , § 2; SL 1997, ch 297 , § 1; SDCL § 60-7-1 ; S…

Terms used in this chapter mean: (1) "Director," the director of service to the blind and visually impaired; (2) "Division," the Division of Service to the Blind and Visually Impaired; (3) "Impediment to employment," a physical or mental condition which constitutes, contributes t…

The Division of Service to the Blind and Visually Impaired shall provide vocational rehabilitation services to individuals with visual disabilities determined by the director to be eligible. Source: SL 1947, ch 248 , § 4; SDC Supp 1960, § 55.39B04; SL 1977, ch 226 , § 20; SL 1994…

Except as otherwise provided by law or as specified in the state plan agreement with the federal government, the following rehabilitation services shall be provided to individuals with a visual impairment based upon their economic need: (1) Physical restoration; (2) Transportatio…

In carrying out his duties under this chapter, the director of service to the blind and visually impaired shall make certification for disbursement, in accordance with regulations, of funds available for services including vocational rehabilitation. Source: SL 1947, ch 248 , § 3;…

The director shall establish procedures, pursuant to chapter 1-26 , for the review of determinations made by a rehabilitation counselor or coordinator upon the request of the individual with a visual disability, or the individual's parents or guardians. The procedures shall inclu…

It shall be a Class 1 misdemeanor and subject the violator to dismissal, except for purposes directly connected with the administration of the vocational rehabilitation program, and in accordance with regulations, for any person or persons to solicit, disclose, receive, or make u…

In carrying out the purposes of this chapter, the Division of Service to the Blind and Visually Impaired may cooperate with other departments, agencies, and institutions, both public and private, in providing for the vocational rehabilitation of persons with visual disabilities i…

There is hereby created a division for the purpose of rehabilitation of and services to individuals with visual disabilities to be known as the "Division of Service to the Blind and Visually Impaired." Source: SL 1973, ch 2 , § 74; SL 1977, ch 226 , § 16; SL 1994, ch 231 , § 2. 2…

In carrying out the purposes of this chapter, the Division of Service to the Blind and Visually Impaired is authorized among other things to enter into reciprocal agreements with other states to provide for the vocational rehabilitation of residents of the states concerned to the…

The director of service to the blind and visually impaired shall recommend to the secretary of the Department of Human Services who may promulgate rules for the Division of Service to the Blind and Visually Impaired in accordance with chapter 1-26 governing: (1) The protection of…

There is hereby created a Board of Service to the Blind and Visually Impaired. Source: SL 1990, ch 213 , § 1; SL 1993, ch 20 , § 2; SL 2001, ch 155 , § 1. 28-10-26. Repealed by SL 2001, ch 155 § 2

The director of service to the blind and visually impaired shall establish appropriate subordinate administrative units within the Division of Service to the Blind and Visually Impaired. Source: SL 1947, ch 248 , § 3; SDC Supp 1960, § 55.39B03 (2); SL 1977, ch 226 , § 17.

The director of service to the blind and visually impaired shall employ, pursuant to chapter 3-6D , personnel as the director deems necessary for the efficient performance of the Division of Service to the Blind and Visually Impaired. Source: SL 1943, ch 267 , § 3; SL 1945, ch 30…

No officer or employee engaged in the administration of the vocational rehabilitation program shall take any active part in the management of political campaigns or participate in any political activity, except that he shall retain the right to vote as he may please and to expres…

The director of service to the blind and visually impaired may delegate to any officer or employee of the Division of Service to the Blind and Visually Impaired such of his powers and duties, except the making of the division's rules, as may be necessary or appropriate. Source: S…

The Department of Human Services, through the Division of Rehabilitation Services, may enter into an agreement on behalf of the state with the secretary of health and human services to carry out the provisions of the federal Social Security Act, as amended or superseded as of Jan…

The Department of Social Services may enter into agreements and contracts with the federal government and its agencies and with the political subdivisions of this state for the purpose of participating in the Food Stamp Act of 1964 (P.L. 88-525) and any related acts, as amended t…

The political subdivisions of this state are hereby authorized to enter into agreements and contracts with the Department of Social Services for the purposes set forth in this chapter. Source: SL 1967, ch 269 .

Pursuant to section 115(d)(1)(A) of Public Law 104-193, South Dakota opts out of the provisions of section 115(a)(2) of Public Law 104-193. Source: SL 2009, ch 141 , § 1.

The Department of Social Services shall require each person to cooperate with the Division of Child Support as a condition of eligibility, pursuant to 7 C.F.R. § 273.11(o). Source: SL 2017, ch 121 , § 1.

Every county shall relieve and support all poor and indigent persons who have established residency therein, as that term is defined in §§ 28-13-2 to 28-13-16.2 , inclusive, and who have made application to the county, whenever they shall stand in need. Each board of county commi…

For the purposes of this chapter, an indigent or poor person is any person who does not have sufficient money, credit, or property to be self - supporting; who has no one to look to who is legally required to provide support; or who is unable to be self - supporting through work …

A county in establishing eligibility standards for county poor relief shall take into consideration an applicant's total economic resources including current assets and income, sources of financial support to which the applicant is legally entitled and total economic needs. In a …