S.D. Admin. R. 67:12:15:02

Current through Register Vol. 51, page 57, November 12, 2024
Section 67:12:15:02 - Dependent care limits - Caretaker relative in certain activities

Dependent care payments under this section are limited to recipient caretaker relatives who are participating in JOBS training, in a JOBS training-related activity, or in an activity for the purpose of meeting the requirements of § 67:12:21:08. Unless the care is for an incapacitated adult, the training or activity must be expected to last less than 30 days. A participant under the state JOBS program must be under a training program approved by either the department or DOL according to § 67:12:09:11.04. A participant under the tribal JOBS program must be under a training program approved by the tribal JOBS office.

Dependent care payments are subject to the availability of funds.

The caretaker relative must provide verification of dependent care costs on a form provided by the department. The provider and the caretaker relative must complete, sign, and return the form to the department within the same time limits established for the submission of the monthly report form. A form lacking the information needed to determine the amount of allowable dependent care or missing any of the required signatures is considered incomplete. Failure to return the form or submission of an incomplete form affects only the dependent care allowance.

The amount recognized by the department is the actual cost incurred not to exceed the lower of $1.50 an hour or $300 a month for the first child of a family and the lower of $1.10 an hour or $220 a month for each additional child.

For families with more than one child under the age of one, child care costs recognized by the department may not exceed the lower of $1.50 an hour or $300 a month for each child under the age of one.

For a dependent child who is physically or mentally incapable of self-care, as verified by a physician or licensed or certified psychologist, or for a child under court supervision, as verified by the juvenile probation officer, child care service costs recognized by the department are the actual costs incurred not to exceed the lower of $2 and hour or $400 a month for each child.

In no case may the department recognize more than 200 hours a month for each child in care.

The department considers the child requiring the most child care service hours as the first child in care.

Dependent care services recognized by the department are limited to those care services provided for the care of a dependent child under age 13 or an incapacitated adult who is living in the home and who is receiving AFDC or who would be receiving AFDC except for the receipt of benefits under SSI or foster care under chapter 67:12:12. Dependent care services may include care services for a dependent child age 13 or over if the child is physically or mentally incapable of self-care, as verified by a physician or a licensed or certified psychologist, or if the child is under court supervision, as verified by the juvenile probation officer. Dependent care services do not include those care services provided by the dependent child's parent, caretaker relative, legal guardian, or a member of the AFDC assistance unit.

S.D. Admin. R. 67:12:15:02

9 SDR 24, effective 9/2/1982; 9 SDR 42, effective 10/10/1982; 13 SDR 141, effective 4/5/1987; training requirements transferred from

General Authority: SDCL 28-7-2.

Law Implemented: SDCL 28-7-4.

Completed monthly report form required, § 67:12:06:34.