Title 28 — PUBLIC WELFARE AND ASSISTANCE
28 chapters · 329 sections in this title.
28-1-45.3 , 28-1-45.4
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Repealed by SL 2012, ch 151 , §§ 19, 20.
28-1-45.6 Repealed by SL 2012, ch 151 , § 21
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28-1-45.7 Transferred to §
28-1-46 Low-income energy assistance program--Agreements with other public agencies for establishment
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28-1-47
SDCL § 28-1-10 Superseded 28-1-11 Assistant attorney general for department--Enforcement of support and public assistance laws--Representation of department
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28-1-12 Office space and equipment provided for department by county commissioners. 28-1-13
SDCL § 28-1-11 Assistant attorney general for department--Enforcement of support and public assistance laws--Representation of department
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The attorney general shall appoint an assistant attorney general for the Department of Social Services whose compensation shall be fixed by the attorney general, to be paid from public welfare funds. Subject to the direction of the attorney general, the assistant attorney general…
SDCL § 28-1-12 Office space and equipment provided for department by county commissioners
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Upon request of the Department of Social Services, the boards of county commissioners of the several counties of this state may provide and maintain adequate office space and equipment for the department in their respective counties including all of the incidental expenses thereo…
SDCL § 28-1-13 Superseded 28-1-13.1 Repealed by SL 2012, ch 151 , § 11
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28-1-13.2
SDCL § 28-1-13.1 Repealed by SL 2012, ch 151 , § 11
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28-1-13.2. Repealed by SL 1997, ch 166 , § 24 28-1-14 to 28-1-16. Repealed by SL 2012, ch 151 , §§ 12 to 14. 28-1-17. Repealed by SL 2004, ch 167 , § 17
SDCL § 28-1-13.2 Repealed by SL 1997, ch 166 , § 24 28-1-14 Repealed by SL 2012, ch 151 , §§ 12 to 14
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28-1-17
SDCL § 28-1-17 Repealed by SL 2004, ch 167 , § 17 28-1-18 Duplication of public assistance prohibited--Temporary assistance for needy families excepted--Exhaustion of other sources of assistance as prerequisite to state and local assistance
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28-1-19 28-1-19 to 28-1-24. Repealed by SL 1983, ch 215 , §§ 1 to 6 28-1-24.1 Procedural rules for contested cases. 28-1-25 Protective payment of assistance where recipient incapable. 28-1-26 Repealed by SL 2012, ch 151 , §§ 15, 16. 28-1-28 Civil action for reimbursement from per…
SDCL § 28-1-18 Duplication of public assistance prohibited--Temporary assistance for needy families excepted--Exhaustion of other sources of assistance as prerequisite to state and local assistance
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No person receiving a grant or whose needs are included in a grant under public assistance, as administered by the State of South Dakota, may at the same time receive a grant under any other type of public assistance administered by the State of South Dakota. However, a recipient…
SDCL § 28-1-2 Repealed by SL 2012, ch 151 , § 8
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28-1-3. Superseded 28-1-3.1. Superseded
SDCL § 28-1-24.1 Procedural rules for contested cases
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The secretary of social services may adopt reasonable and necessary rules governing the procedure and conduct of contested cases. Such rules shall be consistent with the procedure required by chapter 1-26 . Source: SL 1981, ch 199 , § 26.
SDCL § 28-1-25 Protective payment of assistance where recipient incapable
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In cases where recipients of public assistance are wasteful or unable to manage the receipt and disbursement of assistance payments so as to substantially accomplish the purposes for which such assistance is given, the Department of Social Services may protectively pay the same i…
SDCL § 28-1-28 Civil action for reimbursement from persons responsible for support
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Whenever any payment of public moneys administered by the Department of Social Services has been made to any person who has been granted public aid or assistance, the department may bring a civil action against any person responsible therefor, as provided by law, to recover such …
SDCL § 28-1-28.1 Department acceptance and administration of private support contributions--Use
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The Department of Social Services may accept and administer private support contributions received from responsible relatives and other sources, whether paid pursuant to the voluntary agreement of a contributor, or as provided by a court of competent jurisdiction. Such receipts s…
SDCL § 28-1-29 Public assistance records confidential--Exceptions
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Any application or record concerning any applicant for, or recipient of, public assistance provided under the laws of this state through the Department of Social Services is confidential except: (1) For inspection by any person duly authorized by this state or the United States i…
SDCL § 28-1-3 SDCL 28-1-3
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Superseded 28-1-3.1
SDCL § 28-1-3.1 Superseded 28-1-3.2 Repealed by SL 2012, ch 151 , § 9
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28-1-4
SDCL § 28-1-3.2 Repealed by SL 2012, ch 151 , § 9
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28-1-4. Repealed by SL 1971, ch 23 , § 2 28-1-5 to 28-1-7. Superseded 28-1-8. Repealed by SL 1969, ch 218 , § 2
SDCL § 28-1-30 Repealed by SL 1997, ch 166 , § 24 28-1-31 Adoption and child placement records remain confidential
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28-1-32 Rules governing custody, use and preservation of records--Use in actions involving public officers and employees. 28-1-33 Unauthorized use of public assistance records as misdemeanor. 28-1-34 Commercial and political use of public assistance records as misdemeanor. 28-1-3…
SDCL § 28-1-31 Adoption and child placement records remain confidential
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Nothing contained in § 28-1-29 may be construed to authorize or require the disclosure of any records of the Department of Social Services pertaining to adoptions or pertaining to children placed in foster homes for adoption or other purposes. Source: SDC 1939, § 55.3622 as added…
SDCL § 28-1-32 Rules governing custody, use and preservation of records--Use in actions involving public officers and employees
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The department shall, by rules promulgated pursuant to chapter 1-26 , establish and enforce reasonable rules governing the custody, use, and preservation of the records, papers, files, and communications of the state and county divisions. The provisions of this section do not pre…
SDCL § 28-1-33 Unauthorized use of public assistance records as misdemeanor
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It is a Class 2 misdemeanor for any person, except as provided in §§ 28-1-29 to 28-1-31 , inclusive, to solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any information concerning persons applying for or receiving…
SDCL § 28-1-34 Commercial and political use of public assistance records as misdemeanor
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It is a Class 2 misdemeanor for any person to make use of any lists or names of public assistance recipients for commercial or political purposes. Source: SL 1941, ch 326 , §§ 2, 3; SL 1953, ch 295 , § 3; SDC Supp 1960, §§ 55.36 22-2 (2), 55.9935; SDCL, § 28-1-35 ; SL 2004, ch 16…
SDCL § 28-1-35 Superseded 28-1-36 Repealed by SL 2012, ch 151 , § 17
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28-1-37
SDCL § 28-1-36 Repealed by SL 2012, ch 151 , § 17
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28-1-37. Repealed by SL 1982, ch 16 , § 20 28-1-38. Repealed by SL 1981, ch 199 , § 27 28-1-39. Repealed by SL 1997, ch 167 , § 2 28-1-40. Repealed by SL 1981, ch 199 , § 29
SDCL § 28-1-37 SDCL 28-1-37
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Repealed by SL 1982, ch 16 , § 20 28-1-38
SDCL § 28-1-38 SDCL 28-1-38
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Repealed by SL 1981, ch 199 , § 27 28-1-39
SDCL § 28-1-39 SDCL 28-1-39
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Repealed by SL 1997, ch 167 , § 2 28-1-40
SDCL § 28-1-4 Repealed by SL 1971, ch 23 , § 2 28-1-5 28-1-5 to 28-1-7
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Superseded 28-1-8
SDCL § 28-1-40 Repealed by SL 1981, ch 199 , § 29 28-1-41 Repealed by SL 2012, ch 151 , § 18
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28-1-42 28-1-42 , 28-1-43. Repealed by SL 2004, ch 167 , §§ 27, 28 28-1-44 Transferred to §§ 1-36A-25 to
SDCL § 28-1-41 Repealed by SL 2012, ch 151 , § 18
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28-1-42, 28-1-43. Repealed by SL 2004, ch 167 , §§ 27, 28 28-1-44 to 28-1-45.2. Transferred to §§ 1-36A-25 to
SDCL § 28-1-45.5 SDCL 28-1-45.5
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Transferred to §
SDCL § 28-1-45.6 SDCL 28-1-45.6
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Repealed by SL 2012, ch 151 , § 21.
SDCL § 28-1-45.7 SDCL 28-1-45.7
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Transferred to §
SDCL § 28-1-46 Low - income energy assistance program--Agreements with other public agencies for establishment
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The Department of Social Services may enter into agreements with agencies of the United States and with other public agencies, as defined in subdivision 1-24-1(2), for the purpose of establishing and administering a low - income energy assistance program. Source: SL 1981, ch 199 …
SDCL § 28-1-47 Repealed by SL 2017, ch 1 , § 1
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28-1-48 Citizens returning from abroad--Agreements with federal agencies for participation. 28-1-49 Payments to recipients of supplemental security income--Establishment program. 28-1-50 Rules for administration and operation of programs. 28-1-51 Rules for protection of confident…
SDCL § 28-1-48 Citizens returning from abroad--Agreements with federal agencies for participation
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The Department of Social Services may enter into agreements with agencies of the United States for the purpose of participating in the program of temporary assistance for American citizens returned from abroad (P.L. 94-44). Source: SL 1981, ch 199 , § 20.
SDCL § 28-1-49 Payments to recipients of supplemental security income--Establishment program
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The Department of Social Services shall establish a program for payment of an optional state supplement to recipients of supplemental security income from the federal government. Source: SL 1981, ch 199 , § 21.
SDCL § 28-1-50 Rules for administration and operation of programs
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The secretary of social services may adopt reasonable and necessary rules for the administration and operation of the programs authorized by §§ 28-1-46 to 28-1-49 , inclusive. Such rules may include the following areas: (1) Eligibility criteria; (2) Levels of payment; (3) Adminis…
SDCL § 28-1-51 Rules for protection of confidential information
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The secretary of social services may adopt reasonable and necessary rules to protect records and confidential information required by statutory law to be held confidential. Source: SL 1981, ch 199 , § 24.
SDCL § 28-1-52 Fiscal impact of department rules on local government units restricted
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The Department of Social Services may not promulgate rules which have a negative fiscal impact on units of local government unless specifically authorized by the Legislature. Source: SL 1981, ch 199 , § 23; SL 2004, ch 167 , § 36.
SDCL § 28-1-53 Repealed by SL 2012, ch 151 , § 22
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28-1-54 to 28-1-58. Repealed by SL 1997, ch 166 , § 24
SDCL § 28-1-59 Injury, disease, or death of work activity participant--Eligibility for medical and disability benefits
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A recipient of public assistance who incurs permanent partial disability, permanent total disability, death, or disease in the course of participation in a work activity is entitled to the same benefits as are set forth for work related injuries and diseases in Title 62. This pro…
SDCL § 28-1-60 Child care services program
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The Department of Social Services shall establish a program of child care services to assist families with child care services and to aid in the improvement of quality and services for the care of children in day care. The department may assist in the improvement, availability, a…
SDCL § 28-1-61 Adoption of rules for child care services program
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The secretary of social services may adopt reasonable and necessary rules pursuant to chapter 1-26 for the administration of the child care services program in the following areas: (1) Eligibility determination, criteria, and application procedure; (2) The amount, scope, and dura…
SDCL § 28-1-64 Payments by public agencies to adoptive parents with limited means--Costs covered--Rules
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The provisions of § 25-6-13 concerning the parents' financial ability to the contrary notwithstanding, the Department of Social Services or any other public agency may make payments as needed in behalf of a child with special needs after placement for adoption, including the nece…
SDCL § 28-1-65 Child support enforcement unit--Federal money--Enforcement powers
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The Department of Social Services shall establish a child support enforcement unit and may, in accordance with chapter 4-8B , apply for and receive federal funds under the provisions of Title IV-D of the Social Security Act. The department may also enforce the child support oblig…
SDCL § 28-1-66 Availability of child support enforcement services--Fees--Payment by responsible parent
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The Department of Social Services shall make child support enforcement services available to an individual not otherwise eligible for those purposes upon application from an individual and payment of a reasonable fee. The department shall promulgate rules pursuant to chapter 1-26…