S.D. Admin. R. 67:12:12:01

Current through Register Vol. 51, page 57, November 12, 2024

Section 67:12:12:01 - Eligibility for AFDC foster care

Applicants for AFDC foster care funds must meet the following criteria:

(1) The child must have been removed from the home of the child's parent, parents, or specified relative, as provided in | 67:12:01:27, as a result of court action which determined that being in the home was contrary to the child's welfare for any reason. A child removed from the child's home as a result of court action must also meet the criterion established in either (a) or (b) as follows:

(a) The child was living with a specified relative and was a recipient of AFDC benefits during the month the court action was initiated or would have been eligible to receive AFDC had an application been made; or

(b) The child not living with a specified relative during the month of initial court action must have been living with a specified relative as defined in § 67:12:01:27 during any period of time within six months prior to the month of initial court action. If the specified relative requirement is met, the child must also meet all other eligibility requirements which would have been required during the month of initial court action;

(2) The child's placement and care has been designated by the court to be under the charge of the department or any public agency with which the department has an effective contract; and

(3) All other eligibility requirements pursuant to chapters 67:12:01, 67:12:04, 67:12:05, and 67:12:09 related to need, deprivation, age, work incentive status, residency, submission of social security number, and notification and referral to OCSE must be met.

S.D. Admin. R. 67:12:12:01

2 SDR 74, effective 5/13/1976; 4 SDR 10, effective 8/28/1977; 4 SDR 60, effective 3/26/1978; 7 SDR 66, 7 SDR 89, effective 7/1/1981.

General Authority: SDCL 28-7-2.

Law Implemented: SDCL 28-7-1, 28-7-17.

AFDC foster care, 45 C.F.R. § 233.110.