Title 28, PUBLIC WELFARE AND ASSISTANCE

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.

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…

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 …

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…

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…

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…

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…

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…

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…

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 …

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.

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.

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…

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.

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.

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…

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…

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…

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…

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…

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…

The state treasurer, on behalf of the Department of Social Services, with the approval of the Bureau of Finance and Management, shall establish an account or system of accounts in the state treasury for the receipt and disbursement of child support enforcement collections. The de…

All applications and records concerning any applicant for child and spousal support enforcement services are confidential except: (1) For inspection by persons authorized by this state or the United States in connection with their official duties; (2) For the purpose of fair hear…

The department shall furnish information regarding the amount of overdue support owed by an obligor to any consumer reporting agency, as defined by this section, upon the request of the agency, or as determined by the secretary. The term, consumer reporting agency, means any pers…

The department shall have a program of recoveries and fraud investigations to collect debts owed the department and to investigate allegations of fraud in all department assistance programs. Any fraud investigator for this program may: (1) Initiate and conduct any investigation i…

The program may take any collection action provided for in state and federal law and regulation to recover debts owed the department. Source: SL 2005, ch 146 , § 2.

All investigative records and files of the program established pursuant to §§ 28-1-78 to 28-1-81 , inclusive, are confidential. No investigative record may be released except to department personnel, federal, state, and local law enforcement, prosecuting attorneys, and the attorn…

The secretary of the Department of Social Services shall annually report to the Governor and the Legislature concerning the activities of the program including the number and type of cases investigated, the outcome of such investigations, and costs and expenditures incurred durin…

A person is guilty of unauthorized acquisition or transfer of Supplemental Nutrition Assistance Program benefits if the person knowingly: (1) Acquires, purchases, possesses, or uses any Supplemental Nutrition Assistance Program EBT card to obtain Supplemental Nutrition Assistance…

Any person convicted of an offense under subdivision 28-1-82 (1) or (2) with a Supplemental Nutrition Assistance Program EBT card value of one thousand dollars or less is guilty of a Class 1 misdemeanor. Any person convicted of an offense under subdivision 28-1-82 (1) or (2) with…

As used in §§ 28-1-82 to 28-1-84 , inclusive, the term, Supplemental Nutrition Assistance Program EBT card, means any electronic benefit transfer card issued for the purchase of food pursuant to the Food Stamp Act of 1997, 7 U.S.C. §§ 2011 to 2029, inclusive, in effect on January…

Any resettlement agency that is authorized to do business in this state and provides programs, services, or other resources in support of refugee resettlement in this state shall, on or before October first of each year, provide a report to the Governor and the Legislature settin…

The Department of Social Services may provide medical services and medical or remedial care to or on behalf of any medically indigent person of this state who has attained the age of sixty - five years, in such manner as to complement the provisions of Title XVIII of the 1965 ame…

In addition to the other powers granted to the Department of Social Services under chapter 28-1 , the department may cooperate with or enter into agreements with agencies of the federal government to the extent necessary or appropriate to implement the provisions of Public Law 92…

The Department of Social Services shall be reimbursed in full under any agreement for its costs of administration of any federal program and when necessary shall be provided with federal funds sufficient to meet benefit payment obligations for recipients under the terms of any ag…

The Department of Social Services may provide medical services and medical or remedial care on behalf of persons having insufficient income and resources to meet the necessary cost thereof, if the person has exhausted all other possible public and private medical and remedial car…

The Department of Social Services may establish or amend fee schedules used to pay for items and services covered by the medical assistance program under the provisions of this chapter without following the procedures set forth in §§ 1-26-4 to 1-26-6 , inclusive. The department s…

The Department of Social Services shall establish, maintain, and publish a reimbursement schedule for chiropractic, dental, and optometric services delivered under the Medicaid program. The schedule shall provide a reimbursement amount for each service. The department shall deter…

Terms used in §§ 28-6-16 to 28-6-22 , inclusive, mean: (1) "Community spouse," the spouse of an institutionalized spouse; (2) "Deeming" or "deemed," the determination by the department that nonexempt resources or income of a spouse is available to an institutionalized spouse; (3)…

28-6-23 Medical assistance as debt to department--Recovery of debt. 28-6-23.1 Limiting financial responsibility of estate of surviving spouse. 28-6-24 Medical assistance lien against real property. 28-6-25 Filing medical assistance real estate lien. 28-6-26 Exemption to medical a…

The department shall promulgate reasonable and necessary rules, pursuant to chapter 1-26 , relating to: (1) The determination of exempt and nonexempt income in long-term care; (2) The treatment of income in long-term care; (3) The deeming of income in long-term care; (4) The dete…

The provisions of §§ 28-6-16 to 28-6-22 , inclusive, do not affect any state statute concerning the duty to support a spouse. Sections 28-6-16 to 28-6-22 , inclusive, do not affect any state statute concerning the transfer of assets for the purpose of establishing eligibility for…

The determination of the spousal share of resources under § 28-6-17 applies only to institutionalized individuals who begin continuous periods of institutionalization on or after September 30, 1989. Source: SL 1989, ch 243 , § 7.

The deeming of income under §§ 28-6-16 to 28-6-22 , inclusive, applies to individuals institutionalized on or after September 30, 1989. Source: SL 1989, ch 243 , § 8.

Any payment of medical assistance by or through the Department of Social Services to an individual who is an inpatient in a nursing facility, an intermediate care facility for individuals with developmental disabilities, or other medical institution, is a debt due to the departme…

A surviving spouse may petition the Department of Social Services for purposes of limiting the financial responsibility of the estate of the surviving spouse. The financial responsibility of the estate of the surviving spouse may not exceed the value of the estate of the survivin…