Title 28 — PUBLIC WELFARE AND ASSISTANCE

The fact that an individual has filed a petition in bankruptcy or has received a discharge in bankruptcy under Title 11 of the United States Code is not admissible evidence in a proceeding under this chapter and may not be considered in making a determination of indigency. Source…

For the purposes of this chapter, children shall have the same residency as their parents, the party granted their legal custody pursuant to court order or decree, or as fixed by their guardian. Source: SDC 1939, § 50.0102 (2); SL 1976, ch 173 , § 6. 28-13-6, 28-13-7. Repealed by…

For the purposes of this chapter a person's residency, when once legally established, shall continue until it is lost by establishing residency in another state or county. Source: SDC 1939, § 50.0102 (6); SL 1941, ch 211 , § 2; SL 1957, ch 263 ; SL 1961, ch 261 ; SL 1976, ch 173 …

There is established a catastrophic county poor relief fund administered by the South Dakota Association of County Commissioners and the board of catastrophic county poor relief. Expenditures from the fund, including the cost to administer the program, shall be approved by the bo…

If it appears to the board that the catastrophic county poor relief fund reserve is in danger of being completely depleted, the board may determine a supplemental assessment is required and if so shall certify to each participating county its share as calculated by the factors in…

The board may accept any gifts, contributions, or funds obtained from any other source for the purpose of carrying out the provisions of this chapter. The administration and expenditure of these funds shall be in accordance with this chapter. Source: SL 1985, ch 229 ; SL 2009, ch…

Children born during a multiple birth who incur medical expenses as a result of that birth shall be considered as a single individual in applying the provisions of §§ 28-13A-6 and

The catastrophic county poor relief board may not approve a disbursement for care related to an organ transplant unless the county making application establishes the following: (1) That the same care is available to nonindigent residents of the county. This may be established by …

The catastrophic county poor relief board shall issue the final decision on any claim contested under this chapter. A county may appeal the decision to the circuit court within thirty days after the date the county receives a written copy of the final decision. Source: SL 1996, c…

There is established a catastrophic county poor relief board to consist of five county commissioners from participating counties appointed by the executive board of the association of county commissioners established pursuant to §

28-13A-5 Discontinuance--Disposition of fund--Final assessment. 28-13A-6 Reimbursement from fund--Eligibility--Application. 28-13A-7 Amount of reimbursement. 28-13A-8 Annual report of disbursements--Assessment and payment of shares by counties. 28-13A-9 Computation of counties' s…

If fifty or more counties elect to participate in the catastrophic county poor relief fund prior to November 1, 1984, the board established in § 28-13A-2 shall establish administrative rules pursuant to chapter 1-26 regarding the procedure and requirements for allowing additional…

If fewer than thirty - five counties elect to remain in the catastrophic county poor relief fund at the end of any calendar year, the fund must be discontinued and the reserve reverted to the counties participating in the fund at the time the fund is discontinued in proportion to…

Any participating county which has incurred hospital and other medical claims in excess of twenty thousand dollars for any individual eligible for county poor relief in a twelve-month period may apply to the board for funds from the catastrophic county poor relief fund. The appli…

The catastrophic county poor relief board shall determine if the application is in order and the claim is justified and may approve disbursements to the county for ninety percent of any hospital and other medical claim payments the county has made for the individual in excess of …

Prior to January thirty-first, the board shall calculate the actual disbursements from the catastrophic poor relief fund in the previous calendar year and shall compute each participating county's share utilizing the formula established in this chapter. The board shall certify ea…

Each participating county's share of the catastrophic county poor relief fund shall be computed utilizing the following factors: (1) The percent of the total population, minus individuals eligible for medicaid, of the participating counties in the state which reside in the county…

Per diem costs for the board shall be established by the executive board of the association and shall be paid from funds collected by the association. Source: SL 1984, ch 204 , § 2. 28-13A-3. Executed

When any county shall furnish relief to any person under the provisions of chapter 28-13 , such county shall have a claim against the person so relieved for the value of such relief, which may be enforced against any property, not exempt from execution, which such person may have…

In the event the record of a lien shall have been made under the provisions of this chapter whereby the name of the person or persons for whose benefit any payment shall have been made, or the name of any person or persons against whose property a lien may appear to have been cre…

Any lien established by virtue of these statutes may be foreclosed by action in the name of the county to satisfy the amount of the lien, together with interest, cost, and expenses of foreclosure. Such foreclosure shall not be commenced until one year after the last payment to or…

All property acquired by the county under this chapter shall in the case of personal property be offered for sale by the board of county commissioners of each county by advertising for bids upon two weeks' notice, published in a legal newspaper within the county, and if such boar…

In all cases of real property acquired under these statutes, the board of county commissioners is authorized to rent or sell the same in the same manner as provided for other real property acquired by the county through foreclosure of school fund mortgages, and all moneys receive…

When full amount for which a lien against the property of any person shall have been established by virtue of the provisions of this chapter, as certified by the county auditor, shall be paid to the county treasurer of the county which shall have made such payment or payments, su…

The board of county commissioners shall have authority to enter the appearance of the county in any proceeding affecting the property on which the state claims a lien or charge pursuant to §§ 28-14-5 and 28-14-6 , to prosecute or defend in any such proceedings to institute probat…

In the event any person having any interest in any property against which a lien has been established as provided by this chapter desires to avail himself of the benefits of § 28-14-10 or of §§ 28-14-14 to 28-14-18 , inclusive, he may file with the county auditor in the county in…

Any such application shall be presented to the board of county commissioners of said county at its next regular meeting. If it appears to the satisfaction of the board that it will be to the best interest of the county and the circumstances of the case are such that the same is a…

All satisfactions, partial satisfactions, releases, and partial releases so executed shall be filed for record in the office of the register of deeds of the respective county or counties in which is located the real property so released from such lien. Such filing and recording o…

Any lien or encumbrance against property created by this chapter shall terminate and be discharged upon the closing and termination of the estate of any person against whom any such lien or encumbrance is claimed. Source: SL 1987, ch 206 , § 1.

If a county furnishes relief under the provisions of chapter 28-13 to any person who is a nonresident of the county and the county is unable to collect the amount of relief furnished from the person receiving the relief, the county which furnishes the relief shall have a claim fo…

If a county furnishes relief under the provisions of chapter 28-13 to any person who has been a resident of the county as determined by chapter 28-13 for less than sixty days prior to the making of an application for nonemergency hospitalization assistance as provided by § 28-13-…

If a county furnishes relief under the provisions of chapter 28-13 to any person with a preexisting medical condition who becomes a resident of the county as determined by chapter 28-13 solely to utilize the medical facilities of the county and the county is unable to collect the…

Any lien or encumbrance created under this chapter prior to July 1, 1970, is hereby terminated as a matter of law. Source: SL 1987, ch 206 , § 2; SL 2001, ch 156 , § 1.

For the purpose of §§ 28-14-5 to 28-14-18 , inclusive, a poor person shall mean any person who receives support, care, and maintenance as a poor person, or any person who is a patient of the South Dakota Human Services Center and any and all other cases wherein any county within …

The provisions of §§ 28-14-5 to 28-14-18 , inclusive, shall not be construed to apply to any person receiving medical care and hospitalization or any other treatment under the tuberculosis control and eradication program operated by the State Department of Health. Source: SDC 193…

If any county pays for the care, support, or burial expenses of any poor person as defined in § 28-14-3 , the county has a lien upon all the property, both real and personal, including joint tenancy and homestead interests belonging to the poor person, or to be thereafter acquire…

If any poor person receiving benefits from the county be a married person, the lien therein established shall also be a lien upon all the property, real and personal, including joint tenancy and homestead interests, property thereafter acquired, or interest in property, of the hu…

It shall be the duty of the county auditor, immediately after issuing of county warrants or payment of cash, as the case may be, for the benefit of any poor person, to record the name of such poor person for whose benefit such warrants or cash were issued, the amount thereof, the…

Certified copies of the record as to such aid to any poor person may be filed with the register of deeds of any county in the state, and shall thereupon be recorded and indexed as are similar records of such county and shall thereupon constitute notice of a lien upon any property…

Such record shall be actual notice to all persons of a lien upon all property, real and personal, including joint tenancy and homestead interests belonging to such poor person, or to be thereafter acquired by the poor person or to the husband or wife of such poor person as the ca…

If any person dies within any county, who does not have money or means necessary to defray the funeral expenses, and whose relatives or friends are unable or unwilling to defray the expenses, the county commissioners shall employ a funeral director to provide for and superintend …

If any person who is destitute and has no estate dies within the state, and who has no one legally bound for funeral expenses, and where there is no other source to pay the cost of burial or cremation expense, the funeral expenses shall be borne by the county in which the decease…

The selection of a funeral director may be made by the tribe or next of kin, if any, otherwise by the board of county commissioners. The determination whether the decedent is buried or cremated may be made by the tribe or next of kin, if any, otherwise by the board of county comm…

On county burials, the funeral director in charge shall furnish a casket and outside container and conduct the funeral services. On county cremations, the funeral director in charge shall furnish an urn or container and conduct the funeral services. The county shall allow the fun…

In addition to the burial and cremation expenses provided in § 28-17-4 , the county commissioners may contract with cemeteries within the state for burial space in a cemetery and the opening and closing of the grave. Source: SDC 1939, § 12.1911 as added by SL 1953, ch 24 ; SL 196…

The necessary and reasonable expenses of burial or cremation under this chapter shall be paid by the county treasurer, upon the order of the commissioners. If the decedent had an established residency according to § 28-13-3 in a county in this state different from that in which t…

Authority is hereby given for the incorporation of nonprofit self - sustaining corporations formed for the care and accommodation of aged persons, when duly licensed as approved by the laws of the State of South Dakota. Source: SL 1953, ch 302 , § 1; SDC Supp 1960, § 27.1209.

By the resolution or ordinance authorizing revenue bonds, the governing body may make and enter into on the part of the municipality covenants and agreements with the purchasers and holders thereof from time to time concerning minimum rentals and charges, continuance of ownership…

Bonds issued pursuant to § 28-18-7 may refer to the authorizing resolution or resolutions for matters not expressed in the bonds, but they shall be negotiable investment securities within the meaning of chapter 57A-8 , notwithstanding any conditions expressed therein or in the re…

Prior to delivery of any such bonds, the governing body shall by the resolutions required by § 28-18-7 create a special fund and appropriate and pledge thereto all gross receipts in respect of rentals, fees, licenses, and other charges however designated, imposed by the municipal…