ARSD Article 67:47 — CHILD CARE SERVICES

article-67-47ARSD Article 67:47Regulation

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SOCIAL SERVICES SOCIAL SERVICES

Chapter 67:47:01

ARSD 67:47:01:01 Definitions

As used in this chapter:

(1) "Adult exercising parental control" means an individual who:

(a) Is 18 years of age or older;

(b) Is neither the child's parent nor guardian;

(c) Does not reside with the child's parent or guardian; and

(d) Has permission from the child's parent or guardian to exercise parental control of the child;

(2) "Child care certificate" means a certificate issued by the Department of Social Services to a recipient who uses the certificate as payment for child care services;

(3) "Child with special needs" means a child who is:

(a) Less than 18 years of age or less than 19 years of age if enrolled as a full-time student in a secondary school, and physically or mentally incapable of self-care; or

(b) A child who is under court supervision;

(4) "Household" means:

(a) The parent or legal guardian, the child for whom child care services are being requested or provided, and other individuals less than 18 years of age for whom the parent or guardian is the adult exercising parental control and who are residing in the home; and

(b) If a child is placed with a guardian but the state maintains custody, the child and any of the child's siblings who are placed with the same guardian;

(5) "Informal provider" means an individual who:

(a) Is a friend of the family that is requesting child care assistance;

(b) Does not live with the recipient;

(c) Is 18 years of age or older; and

(d) Provides care only for that recipient's child;

(6) "In-home provider" means an individual who provides child care services in the recipient's home;

(7) "Protective services" means:

(a) Services that are provided under a court order and which enable a child, who is alleged or adjudicated to be abused or neglected, to remain in the recipient's home or in the home of another relative, a foster parent, or other suitable person, under the supervision and assistance of the court, the Department of Social Services, or another agency designated by the court; or

(b) Temporary services provided, as approved or recommended by the Department of Social Services, without an order of the court;

(8) "Recipient" means an individual receiving child care benefits; and

(9) "Relative provider" means an individual who is:

(a) 18 years of age or older;

(b) An aunt, uncle, grandparent, or great-grandparent of the child for whom child care assistance is being requested, or a person who is a sibling of the child for whom child care assistance is being requested and lives in a separate residence; and

(c) The child care provider for that child.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 21 SDR 86, effective November 6, 1994; 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 37 SDR 236, effective June 28, 2011; 40 SDR 229, effective June 30, 2014; 49 SDR 21, effective September 12, 2022.
  • General Authority: SDCL 28-1-61(11).
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:02 Application for child care services

A recipient desiring direct child care assistance must submit a completed, written, and signed application for assistance to the department. An application may not be submitted more than 30 days before the child care services are needed. An initial application must show a need for at least 30 days of child care services.

The recipient and child must reside in South Dakota and the child must be a citizen of the United States or provide proof of resident alien status.

An application becomes void if the department requests additional information and the recipient fails to respond within 10 working days after the request.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 21 SDR 86, effective November 6, 1994; 28 SDR 111, effective February 20, 2002; 37 SDR 236, effective June 28, 2011.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:03 Child care services available for certain children

A parent or guardian may be eligible for direct child care services if the parent or guardian has a child who meets one of the following requirements:

(1) The child is under age 13;

(2) The child is under age 18 and physically or mentally incapable of self-care;

(3) The child is under age 19, is enrolled in school and expected to graduate, and is physically or mentally incapable of self-care; or

(4) The child is under age 18, or under 19 if enrolled in school and expected to graduate, and is under court supervision.

The child must reside with a recipient who is working or attending a job training or educational program or the child must be receiving protective services.

History

  • Source: 18 SDR 112, effective January 9, 1992; Time requirements for work and education transferred to § 67:47:01:03.01, 19 SDR 102, effective January 18, 1993; 37 SDR 236, effective June 28, 2011.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:03.01 Time requirements for work and education -- Exceptions

If employed, the recipient shall be employed a minimum of 80 hours a month and must receive a salary which is equivalent to the hourly federal minimum wage. If in school, the recipient shall attend 80 school hours a month. If the recipient is working and attending school, the combination of actual work and school hours shall be a minimum of 80 hours a month and the recipient must receive a salary that is equivalent to the hourly federal minimum wage. In determining whether a recipient has met the school hour requirement, the department shall count the actual hours spent in class, work study, unpaid internships, practice teaching, and clinical work experience.

The recipient has met the requirements of this section if attending a college, university, or technical institute a minimum of 12 semester credit hours. If the household contains both parents, each parent shall meet the requirements of this section.

A recipient who is enrolled in and physically attending a program of study or training leading to a GED or a high school diploma is exempt from the requirements of this section.

Cross-References:

Child care services available for certain children, § 67:47:01:03.

Determination of incapacity and inability to provide child care, § 67:47:01:03.03.

Certain individuals ineligible to receive child care assistance, § 67:47:01:27.

History

  • Source: 18 SDR 112, effective January 9, 1992; transferred from § 67:47:01:03, 19 SDR 102, effective January 18, 1993; 21 SDR 86, effective November 6, 1994; 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 33 SDR 152, effective April 4, 2007; 37 SDR 236, effective June 28, 2011; 40 SDR 229, effective June 30, 2014; 44 SDR 42, effective September 11, 2017.
  • General Authority: SDCL 28-1-61(1).
  • Law Implemented: SDCL 28-1-60, 28-1-61(1).
ARSD 67:47:01:03.02 Child care assistance for recipient working at night

A recipient who works a graveyard shift and sleeps during the day is eligible for child care assistance while the recipient sleeps. Child care assistance for sleep-time hours is limited to eight hours a day.

A graveyard shift consists of at least six hours of work between the hours of 6:00 p.m. and 8:00 a.m.

History

  • Source: 19 SDR 102, effective January 18, 1993; 21 SDR 86, effective November 6, 1994; 37 SDR 236, effective June 28, 2011; 46 SDR 50, effective October 10, 2019.
  • General Authority: SDCL 28-1-61(2).
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:03.03 Determination of incapacity and inability to provide child care

A recipient who is unable to work and provide child care because of an incapacity that has caused a break in ongoing employment or school attendance within the past year and who met the requirements of § 67:47:01:03.01 at the time of the incapacity or a recipient who has a spouse who cannot work or provide child care due to a medical condition must obtain a statement from a licensed or certified physician, physician's assistant, nurse practitioner, psychologist, or social worker-PIP describing the recipient's incapacity, specifying the length of time the incapacity is expected to last, and stating whether or not the recipient who is incapacitated is able to care for the child for whom assistance is being requested.

The recipient must provide the statement to the department.

The department shall use the statement to determine whether the recipient is incapacitated and unable to provide child care.

History

  • Source: 19 SDR 102, effective January 18, 1993; 21 SDR 86, effective November 6, 1994; 27 SDR 43, effective October 26, 2000; 37 SDR 236, effective June 28, 2011.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:04 Required documentation

If a child is considered to be a child with special needs because of a physical or mental incapacity, the client shall supply, from a physician, physician's assistant, nurse practitioner, psychologist, psychiatric social worker, special education teacher, physical or occupational therapist, or social worker, a document attesting to the child's incapacity and need for special accommodations.

If a child is considered to be a child with special needs because the child is under court supervision, the client shall supply a copy of the court order requiring the child care.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 21 SDR 86, effective November 6, 1994; 27 SDR 43, effective October 26, 2000; 49 SDR 21, effective September 12, 2022.
  • General Authority: SDCL 28-1-61(1)(5).
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:05 Income eligibility

Eligibility for child care services is based on annual income. Income is considered prospectively, based on the verification required in this section. As proof of income, a recipient shall provide either copies of the last two pay stubs or employer verification of current wages. A recipient who is self-employed shall provide a copy of the recipient's most recent income tax return. Depreciation is not an allowable expense and must be added to the recipient's net profit or loss. Income is considered as follows:

(1) If the child resides with both parents, consider the child's unearned income and the income of both parents;

(2) If the child resides with both parents but the parents are separated due to work or school, consider the child's unearned income and the income of both parents;

(3) If the child resides with one parent, consider the child's unearned income and the income of the parent with whom the child resides;

(4) If the child resides with one parent and that parent is cohabiting with another individual who is not the child's parent, consider the child's unearned income and the income of the parent;

(5) If a child resides with one parent who is cohabiting with another individual and the parent and the cohabiting individual have a child in common, consider the unearned income of the children and the income of the parent and the cohabiting individual;

(6) If the child resides with one parent and that parent is married to an individual who is not the child's parent, consider the child's unearned income and the income of both the parent and the parent's spouse;

(7) If the child resides with one parent a majority of the time but is residing with the second parent temporarily, consider the child's unearned income and the income of the second parent with whom the child has taken temporary residency;

(8) If the child resides with a guardian but custody is held by the Department of Social Services or a tribe, consider only the child's unearned income;

(9) If the child resides with a guardian and the guardian has custody and is married, consider the child's unearned income and the income of the guardian and the guardian's spouse;

(10) If the child resides with an adult who is married and exercises parental control over the child, consider the child's unearned income and the income of the adult exercising parental control and the spouse of the adult exercising parental control; and

(11) If the child's parent resides with one or both parents, a guardian, or an adult exercising parental control, consider the child's unearned income and the earned and unearned income of the child's parent.

For the parent, guardian, or adult exercising parental control of the child, income includes child support, temporary assistance to needy families, social security income, rental or lease income, interest income, work study, tips, retirement, unemployment benefits, wages, veterans benefits, workers' compensation, and any other income, whether earned or unearned.

A household with an adjusted income that exceeds the lesser of 209 percent of the federal poverty level or 85 percent of the state median income is ineligible for child care assistance.

Cross-References: Federal poverty level, § 67:11:01:03; Definition of "eligible child," 42 U.S.C. § 9858n(4) (July 1, 2016).

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 21 SDR 86, effective November 6, 1994; 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 37 SDR 236, effective June 28, 2011; 43 SDR 31, effective September 12, 2016; 45 SDR 159, effective July 1, 2019; 49 SDR 21, effective September 12, 2022.
  • General Authority: SDCL 28-1-61(1).
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:05.01 Adjustment to gross earned income

After determining the recipient's annual gross earned income, the department shall reduce that amount by four percent before computing the recipient's share of child care costs.

History

  • Source: 27 SDR 43, effective October 26, 2000; 37 SDR 236, effective June 28, 2011.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:06 Deadline for determining eligibility -- Beginning date of eligibility

The department shall determine eligibility for child care services within ten working days after receiving the completed application.

If an application is received between the 1st and 15th of the current month, eligibility for assistance will begin on the 1st. If an application is received on or after the 16th of the current month, eligibility will begin on the 16th.

Cross-Reference: Provider eligibility, § 67:47:01:11.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 21 SDR 86, effective November 6, 1994; 22 SDR 188, effective July 8, 1996; 37 SDR 236, effective June 28, 2011.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:07 Notice to household -- Issuance of child care certificate

If a recipient is eligible for child care benefits, the department shall send a written notice to the recipient of the amount of child care benefits payable and a child care certificate containing the amount of the household's copayment. The household's copayment is determined according to § 67:47:01:08.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 22 SDR 188, effective July 8, 1996; 37 SDR 236, effective June 28, 2011.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:08 Household required to participate in child care costs

Household contribution rates if applicable, are available on the department's website at: http://dss.sd.gov/childcare/childcareassistance/eligible.aspx.

The household shall pay its share of child care costs directly to its primary care provider. The amount remaining on the allowable child care costs is paid by the department directly to the provider.

Cross-References: Federal poverty level, § 67:11:01:03;

Adjustment to gross earned income, § 67:47:01:05.01.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 21 SDR 86, effective November 6, 1994; 21 SDR 162, effective March 23, 1995; 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 33 SDR 152, effective April 4, 2007; 37 SDR 236, effective June 28, 2011; 43 SDR 31, effective September 12, 2016; 44 SDR 42, effective September 11, 2017; 45 SDR 159, effective July 1, 2019.
  • General Authority: SDCL 28-1-61(2).
  • Law Implemented: SDCL 28-1-60, 28-1-61(2).
ARSD 67:47:01:08.01 Repealed
          67:47:01:08.01.  Family pays cost when lump sum income exceeds federal poverty level. Repealed.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 33 SDR 152, effective April 4, 2007; 37 SDR 236, effective June 28, 2011; 45 SDR 82, effective December 10, 2018.
ARSD 67:47:01:09 Repealed
          67:47:01:09.  Ineligibility when household fails to make copayments. Repealed.

History

  • Source: 18 SDR 112, effective January 9, 1992; 45 SDR 82, effective December 10, 2018.
ARSD 67:47:01:09.01 Cooperation with Division of Child Support as condition of eligibility

Recipients of child care assistance must cooperate with the department in identifying and locating the absent parent or parents, obtaining support payments, establishing paternity, or obtaining any other payments or resources legally due applicants or recipients. A recipient must complete an application for enforcement services with the Division of Child Support as a condition of eligibility for child care services. Failure to comply with this requirement or failure to maintain an active enforcement case may be considered an intentional program violation and may result in ineligibility for child care assistance services.

The provisions of this rule do not apply if the recipient can establish good cause for refusing to cooperate. Good cause is determined according to §§ 67:10:01:27 to 67:10:01:34, inclusive.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 37 SDR 236, effective June 28, 2011; 45 SDR 82, effective December 10, 2018.
  • General Authority: SDCL 28-1-61(1).
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:10 Repealed
          67:47:01:10.  Maximum rates payable for child care service costs. Repealed.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; 33 SDR 152, effective April 4, 2007; 37 SDR 236, effective June 28, 2011; 45 SDR 82, effective December 10, 2018.
ARSD 67:47:01:10.01 Maximum child care service costs recognized by department -- Family day care

Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; repealed, 33 SDR 152, effective April 4, 2007.
ARSD 67:47:01:10.02 Maximum rates payable for family day care provider choosing to care for infants and toddlers and limit the number of children in care to six or less

A family day care provider who chooses to care for infants and toddlers up to age three and limit the number of children in care to six or less may receive a rate of reimbursement that is 25 percent higher than the family day care rates. The maximum rate of reimbursement is available on the department's website: http://dss.sd.gov/childcare/childcareassistance/. The provider must inform the department so the provider's registration certificate may be adjusted to reflect the reduced number of children.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; 33 SDR 152, effective April 4, 2007; 37 SDR 236, effective June 28, 2011; 43 SDR 31, effective September 12, 2016; 45 SDR 82, effective December 10, 2018; 45 SDR 159, effective July 1, 2019; 46 SDR 50, effective October 10, 2019.
  • General Authority: SDCL 28-1-61(2).
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:10.03 Repealed
          67:47:01:10.03.  Maximum child care service costs recognized by department -- Children with special needs. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; repealed, 33 SDR 152, effective April 4, 2007.
ARSD 67:47:01:10.04 Repealed
          67:47:01:10.04.  Maximum child care service costs recognized by department -- In-home, relative, and informal providers. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; repealed, 33 SDR 152, effective April 4, 2007.
ARSD 67:47:01:11 Provider eligibility

To be eligible for payment, all providers under this chapter must submit to the department a completed and signed Internal Revenue Service W-9 form.

Except for an in-home provider, an informal provider, or a relative provider, a provider of services under this chapter must meet the applicable licensing or registration requirements of article 67:42.

A provider registered under the requirements of chapter 67:42:17 may not receive child care assistance payments for children who reside in the provider's household.

A relative provider must meet the requirements of § 67:47:01:13.

An in-home provider or an informal provider must meet the requirements of § 67:47:01:13.01.

Cross-Reference: Deadline for determining eligibility -- Beginning date of eligibility, § 67:47:01:06.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 21 SDR 86, effective November 6, 1994; 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 37 SDR 236, effective June 28, 2011; 43 SDR 31, effective September 12, 2016; 50 SDR 42, effective October 11, 2023.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60, 28-1-61.
ARSD 67:47:01:11.01 Time limits for meeting provider eligibility requirements -- Beginning date of payment

Payment for services begins with the date the department receives the completed application if the provider is licensed or registered or is in the process of being licensed or registered. The department shall discontinue payments if the provider does not obtain the required license or registration within sixty days.

A relative provider has ten days to complete, sign, and return the home health and safety checklist, child care services authorization form required in subdivision 67:47:01:13(6), immunization verification form, and Internal Revenue Service W-9 form required in § 67:47:01:13. Payment for services to a relative provider begins the date the department receives these forms correctly completed. The home health and safety checklist must also contain the applicant's signature. The signatures of the provider and the applicant on the home health and safety checklist are acknowledgements that the provider has fulfilled the requirements of the health and safety checklist. The completed forms must be postmarked within ten days from the date the department mailed the forms to the provider.

An in-home or informal provider shall comply with the requirements of § 67:47:01:13.01. Payment for services to an in-home or informal provider begins the date the department receives the completed intent to provide services form, results of the state criminal background check, and verified completion of cardiopulmonary resuscitation and orientation training.

If an in-home or informal provider is ineligible to receive payment due to the results of the state criminal background check, the department must provide notice that the provider is ineligible and provide guidance regarding the appeal process.

Cross-References:

Application for license or registration certificate, § 67:42:17:02.

Requirements for relative provider, § 67:47:01:13.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 33 SDR 152, effective April 4, 2007; 37 SDR 236, effective June 28, 2011; 43 SDR 31, effective September 12, 2016; 45 SDR 82, effective December 10, 2018; 50 SDR 42, effective October 11, 2023.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60, 28-1-61.
ARSD 67:47:01:12 Access of recipient to child

A provider must allow a recipient unlimited access to the recipient's child during the provider's normal hours of operation or whenever the child is in care.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 37 SDR 236, effective June 28, 2011.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:13 Requirements for relative provider

A relative provider must meet the following requirements:

(1) Be at least 18 years old;

(2) Have completed, signed, and returned to the department the health and safety checklist provided by the department;

(3) Have completed, signed, and returned to the department the form which verifies that the children in care meet the Department of Health's immunization standards;

(4) Except for an aunt, uncle, grandparent, or great-grandparent of the child, reside separately from the family receiving child care assistance;

(5) Have completed, signed, and returned to the department an Internal Revenue Service W-9 form; and

(6) Have completed, signed, and returned to the department the form that certifies the provider has read the provider manual, has shared the information concerning child immunizations with the parents, is at least 18 years old, and is providing child care services only for the children from one particular family.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 21 SDR 86, effective November 6, 1994; 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 33 SDR 152, effective April 4, 2007; 40 SDR 229, effective June 30, 2014; 43 SDR 31, effective September 12, 2016.
  • General Authority: SDCL 28-1-61(1)(11).
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:13.01 Requirements for an in-home or informal provider
    67:47:01:13.01.  Requirements for in-home or informal provider. An in-home or informal provider, in order to qualify for child care assistance payments, shall:

(1) Be at least eighteen years old;

(2) Submit to a background check and comply with the requirements of § 67:42:17:13 for any individual who cares for, supervises, or has unsupervised access to a child;

(3) Have documentation of completed orientation training in each of the training areas listed in § 67:42:17:17;

(4) Submit to an annual inspection;

(5) Meet health and safety standards required by 45 C.F.R. § 98.41, in effect on September 30, 2016; and

(6) Complete a minimum of three hours per year of on-going training and provide verification of completion. Training must include any of the orientation training categories listed in § 67:42:17:17.

Cross-References:

Background check, § 67:42:17:13.

Orientation training, § 67:42:17:17.

Health and safety requirements, 45 C.F.R. § 98.41.

History

  • Source: 43 SDR 31, effective September 12, 2016; 44 SDR 42, effective September 11, 2017; 45 SDR 82, effective December 10, 2018; 50 SDR 42, effective October 11, 2023.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60, 28-1-61.
ARSD 67:47:01:14 Tuberculin test requirements

Repealed.

History

  • Source: 18 SDR 112, effective January 9, 1992; 21 SDR 86, effective November 6, 1994; 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; repealed, 33 SDR 152, effective April 4, 2007.
ARSD 67:47:01:15 Provider's portion of child care certificate -- Completion of request for payment form required for payment -- Provider to bill usual and customary charge

When the recipient has selected a qualifying provider, a copy of the child care certificate will be sent to the provider. To receive payment, the provider shall complete the request for payment within 60 days following the expiration date contained on the child care certificate. The unit price billed for the child care services provided must be the provider's usual and customary charge for the same services provided on the same date to the general public.

When the recipient has changed providers, the department shall notify the previous provider in writing and shall indicate on the notice the revised expiration date.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 27 SDR 43, effective October 26, 2000; 37 SDR 236, effective June 28, 2011; 43 SDR 31, effective September 12, 2016.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:16 Payment of benefits

The department shall pay child care service benefits directly to the provider within 15 working days following receipt of the completed forms required under § 67:47:01:15. The maximum amount paid is the difference between the actual allowable child care service costs and the amount the household is required to pay from its own funds.

Cross-References: Maximum child care service costs, § 67:47:01:01; Household required to participate in child care costs, § 67:47:01:08.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:17 Repealed
          67:47:01:17.  Change in child care provider. Repealed.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 21 SDR 86, effective November 6, 1994; 22 SDR 188, effective July 8, 1996; 37 SDR 236, effective June 28, 2011; 40 SDR 229, effective June 30, 2014; 43 SDR 31, effective September 12, 2016.
ARSD 67:47:01:18 Household to report change in circumstances

A household shall report to the department when they experience any of the following changes:

(1) A permanent change in employment or school status;

(2) A change in child care provider;

(3) A change of address; or

(4) A change in monthly household gross income that would result in the household exceeding 85 percent of the state median income.

All changes shall be reported to the department in writing. If the change positively affects the household's level of assistance, the change in circumstances is effective the date the change occurred if the notice is postmarked within ten working days after the date of the change. If the notice is postmarked more than ten working days after the change occurred, the change is effective the date the notice of change is received.

If a family has a permanent change in employment or school status, care may be extended three months from the last day of employment or school attendance to allow the recipient time to meet either the minimum work or school requirements, or both.

Cross-Reference: Department may withhold payments, § 67:47:01:24.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1992; 21 SDR 86, effective November 6, 1994; 22 SDR 188, effective July 8, 1996; 27 SDR 43, effective October 26, 2000; 37 SDR 236, effective June 28, 2011; 43 SDR 31, effective September 12, 2016; 44 SDR 42, effective September 11, 2017.
  • General Authority: SDCL 28-1-61(8)(11).
  • Law Implemented: SDCL 28-1-60, 28-1-61.
ARSD 67:47:01:19 Redetermination of eligibility and copayment

The department shall determine a recipient's eligibility for child care assistance and the amount of the recipient's copayment once every twelve months. If during the twelve-month period one of the following situations occurs, the department shall reevaluate program eligibility:

(1) The recipient's child has unexplained absences from the child care program in excess of ten consecutive days;

(2) The recipient has moved out of the state of South Dakota;

(3) There has been a substantiated fraud or intentional program violation that invalidates the recipient's prior eligibility determination; or

(4) The recipient's household income has increased and now exceeds 85 percent of the state median income.

A household that reapplies for child care assistance within 30 days immediately following a month of eligibility and whose income now exceeds 209 percent of the federal poverty level may receive up to an additional twelve months of child care assistance.

Cross-References:

Recovery of overpayments, § 67:47:01:22.

Department to investigate report -- Notice of action -- Review -- Final determination, § 67:47:01:25.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; 37 SDR 236, effective June 28, 2011; 43 SDR 31, effective September 12, 2016; 45 SDR 82, effective December 10, 2018; 45 SDR 159, effective July 1, 2019.
  • General Authority: SDCL 28-1-61(1)(2)(11).
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:20 Financial complaints

The department shall maintain a record of financial complaints between a recipient and the child care provider. The department shall make information concerning financial complaints available to the public on request.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 37 SDR 236, effective June 28, 2011.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:21 Repealed
          67:47:01:21.  Funding priorities. Repealed.

History

  • Source: 18 SDR 112, effective January 9, 1992; 21 SDR 86, effective November 6, 1994; 22 SDR 188, effective July 8, 1996; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:01:22 Recovery of overpayments

A household is ineligible to receive continued child care services if it fails to supply information which adversely affects its level of child care assistance, it supplies false information, or it fails to repay or make arrangements with the department for the repayment of overpayments. Overpayments are subject to recovery by the department.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 27 SDR 43, effective October 26, 2000.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:23 Repealed
          67:47:01:23.  Request for fair hearing. Repealed.

History

  • Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; repealed, 28 SDR 111, effective February 20, 2002.
ARSD 67:47:01:24 Department may withhold payments

The department may withhold payments, in whole or in part, to a provider if any of the following situations exist:

(1) The department has information which verifies that the provider is not entitled to receive child care benefits;

(2) The provider is serving a disqualification penalty under the provisions of chapter 67:48:05;

(3) The department has information which verifies that the provider is receiving reimbursement for the same service from another program or agency;

(4) The department has an outstanding overissuance against the provider; or

(5) The department requests sign-in and sign-out sheets, and the provider does not provide them to the department within the requested time frame.

The department shall send notice of the action to the provider no later than the date the provider would normally receive a child care payment. The notice shall specify the reason the child care assistance payment is being adjusted or withheld.

Cross-Reference: Overpayments -- Hearings -- Payments made pending hearing, § 67:47:01:25.01.

History

  • Source: 19 SDR 102, effective January 18, 1993; 22 SDR 188, effective July 8, 1996; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; 37 SDR 236, effective June 28, 2011.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:25 Department to investigate report -- Notice of action -- Review -- Final determination

When the department receives a report which suggests that fraud or abuse has occurred or is occurring, it shall immediately investigate to determine the validity of the report. If the report is valid and will have an adverse affect on either eligibility or the amount of the child care assistance, the department shall send a notice of its intent to close the case, to adjust the amount of assistance, or to withhold payment ten days before taking such action.

If the report concerns a provider, the notice to the provider shall specify the action taken, the reason, and the effective date. If the report results in a change in the provider's eligibility, the department shall notify any recipients using that particular provider.

If the report concerns a recipient, the notice to the recipient shall specify the action taken, the reason, and the effective date. If the report results in a change in the recipient's eligibility or the level of assistance, the department shall notify the recipient's provider of the change.

History

  • Source: 19 SDR 102, effective January 18, 1993; 21 SDR 86, effective November 6, 1994; 22 SDR 188, effective July 8, 1996; 28 SDR 111, effective February 20, 2002; 37 SDR 236, effective June 28, 2011.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:25.01 Overpayments -- Hearings -- Payments made pending hearing

If the department finds evidence that an overissuance has occurred as a result of an error committed by the department or an inadvertent error on the part of the client or the provider, the department shall notify the individual in writing that the individual has the right to a fair hearing. The request for a fair hearing must be made within 30 days after the individual receives the notice of the intended action. A fair hearing is conducted according to chapter 67:17:02.

A parent or provider must follow the provisions of § 67:10:10:07 in order to continue receiving child care assistance pending the fair hearing. Payments made during this time are considered overpayments and are subject to recoupment if the final decision from the hearing upholds the department's decision to close the case or reduce the benefit amount.

A provider may not request a fair hearing if the issue concerns a client. A client may not request a fair hearing if the issue concerns a provider.

If the department finds evidence that indicates an intentional program violation has occurred, the department may initiate an administrative disqualification hearing or may refer the matter to federal, state, or local officials for further legal action. An administrative disqualification hearing is held according to the provisions of SDCL chapter 1-26 and ARSD chapters 67:17:02 and 67:48:05.

Cross-Reference: Benefit paid in error as result of intentional program violation, § 67:48:05:03.

History

  • Source: 28 SDR 111, effective February 20, 2002; 35 SDR 166, effective December 24, 2008.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-61.
ARSD 67:47:01:26 Verification

The department may verify any of the information required to be submitted under this chapter. If the department is unable to obtain the data necessary to verify the information submitted, the applicant must obtain and provide the needed information upon request.

History

  • Source: 19 SDR 102, effective January 18, 1993.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:27 Certain individuals ineligible to receive child care assistance

The following individuals are ineligible to receive child care assistance:

(1) An individual who is performing volunteer services;

(2) An individual who is caring for the individual's own child;

(3) An individual providing registered or unregistered family child care who is requesting child care assistance for the individual's own children at another facility in order to increase the individual's own child care capacity; and

(4) An individual who is in an educational program beyond a bachelor's degree.

History

  • Source: 21 SDR 86, effective November 6, 1994; 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 37 SDR 236, effective June 28, 2011.
  • General Authority: SDCL 28-1-61(1).
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:28 Continuance of child care assistance pending fair hearing decision

If a parent or provider requests a fair hearing and continued assistance within ten days after the department mails the notice of adverse action, the department shall continue to pay child care assistance without reducing, terminating, suspending, or changing the manner or form of payment until the fair hearing decision is made.

In no case may assistance be continued if the hearing examiner determines at the hearing that the sole issue is one of state or federal law or policy or a change in state or federal law and not one of incorrect payment computation or unless a change affecting the recipient's payment occurs while the hearing decision is pending.

Aid continued under this section is subject to recovery by the department if, as a result of the fair hearing, the department's action is sustained.

History

  • Source: 22 SDR 188, effective July 8, 1996; 28 SDR 111, effective February 20, 2002; 37 SDR 236, effective June 28, 2011.
  • General Authority: SDCL 28-1-61.
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:01:29 Department to maintain waiting list

If the Department of Social Services does not have sufficient funding to add to the program an applicant who is eligible for child care assistance, the department shall place the eligible applicant on a waiting list. If a waiting list is developed, the department shall assign a level of priority.

The first level of priority consists of:

(1) A recipient of temporary assistance to needy families;

(2) An applicant with children who have special needs;

(3) An applicant who meets the definition of homeless; and

(4) An applicant with children who will be receiving or need to receive protective services.

The second level of priority consists of applicants whose monthly gross income remains below 209 percent of the federal poverty level.

In the first level of priority, eligibility is prioritized by the date the completed application is received.

In the second level of priority, eligibility is prioritized by income, in ascending order from the lowest to the highest of the federal poverty level, and by the date of application.

A change in an applicant's circumstances may warrant a change in an applicant's level of priority on the waiting list. If an applicant on the waiting list no longer meets the eligibility requirements, the applicant must be removed from the waiting list.

History

  • Source: 37 SDR 236, effective June 28, 2011; 44 SDR 42, effective September 11, 2017; 45 SDR 159, effective July 1, 2019; 49 SDR 21, effective September 12, 2022.
  • General Authority: SDCL 28-1-61(1)(11).
  • Law Implemented: SDCL 28-1-60.

Chapter 67:47:02

ARSD 67:47:02:01 Definitions

As used in this chapter:

(1) "Child with special needs" means a child who is:

(a) Less than 18 years of age or less than 19 years of age if enrolled as a full-time student in a secondary school and physically or mentally incapable of self-care; or

(b) A child who is under court supervision; and

(2) "Dependent child" means a child who:

(a) Is less than 18 years of age, or less than 19 years of age if enrolled as a full-time student in a secondary school, and has been deprived of support or the care of a parent because of the parent's death, continued absence from the home, or physical or mental incapacity; or

(b) Is a child of unemployed parents and living with the parents in a residence maintained by the parents as their home.

Cross-Reference: Definition of Head Start Program, 45 C.F.R. § 1305.2.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 37 SDR 236, effective June 28, 2011; 49 SDR 21, effective September 12, 2022.
  • General Authority: SDCL 28-1-61(11).
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:02:02 Application for child care services

A recipient of temporary assistance to needy families seeking child care assistance shall submit a completed and signed application for assistance to the Department of Social Services within 90 days after the beginning of the approved activity that resulted in the need for child care services.

An application is void if the department requests additional information and the recipient fails to respond within 10 working days after the request.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 37 SDR 236, effective June 28, 2011; 49 SDR 21, effective September 12, 2022.
  • General Authority: SDCL 28-1-61(1).
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:02:03 Certain temporary assistance to needy families recipients eligible for child care assistance

A recipient of temporary assistance to needy families may be eligible for child care assistance if:

(1) The parent is participating in an activity approved under chapter 67:10:06;

(2) The parent has a child who is less than 13 years of age or who has special needs; and

(3) The child:

(a) Is on temporary assistance to needy families, would be a dependent child if needy, is receiving supplemental security income, or is receiving temporary assistance to needy families foster care; and

(b) Resides with the parent.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 49 SDR 21, effective September 12, 2022.
  • General Authority: SDCL 28-1-61(1).
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:02:04 Limits

Child care services covered under this chapter are limited to those times during which the parent is unavailable to care for the child because the parent is participating in an activity approved under chapter 67:10:06.

Child care services include the time the child is in care while the parent travels to and from the approved activity or training site.

Child care services do not include those care services provided by the dependent child's parent, caretaker relative, legal guardian, or a member of the temporary assistance to needy families assistance unit.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 49 SDR 21, effective September 12, 2022.
  • General Authority: SDCL 28-1-61(1)(2).
  • Law Implemented: SDCL 28-1-60.
ARSD 67:47:02:05 Repealed
          67:47:02:05.  Provider eligibility. Repealed.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:02:06 Repealed
          67:47:02:06.  Requirements for in-home, informal, or relative provider. Repealed.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 33 SDR 152, effective April 4, 2007; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:02:07 Repealed
          67:47:02:07.  Tuberculin test requirements. Repealed

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; repealed, 33 SDR 152, effective April 4, 2007.
ARSD 67:47:02:08 Repealed
          67:47:02:08.  Time limits for meeting provider eligibility requirements -- Beginning date of payment. Repealed.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 33 SDR 152, effective April 4, 2007; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:02:09 Repealed
          67:47:02:09.  Maximum rates payable for child care service costs. Repealed.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; 33 SDR 152, effective April 4, 2007; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:02:09.01 Maximum child care service costs recognized by department -- Family day care

Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; repealed, 33 SDR 152, effective April 4, 2007.
ARSD 67:47:02:09.02 Repealed
          67:47:02:09.02.  Maximum rates payable for family day care provider choosing to care for infants and toddlers and limit the number of children in care to six or less. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; 33 SDR 152, effective April 4, 2007; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:02:09.03 Repealed
          67:47:02:09.03.  Maximum child care service costs recognized by department -- Children with special needs. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; repealed, 33 SDR 152, effective April 4, 2007.
ARSD 67:47:02:09.04 Repealed
          67:47:02:09.04.  Maximum child care service costs recognized by department -- In-home, relative, and informal providers. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; repealed, 33 SDR 152, effective April 4, 2007.
ARSD 67:47:02:10 Repealed
          67:47:02:10.  Notice to parent -- Issuance of child care certificate. Repealed.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:02:11 Repealed
          67:47:02:11.  Provider's portion of child care certificate -- Completion of request for payment form required for payment -- Provider to bill usual and customary charge. Repealed.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:02:12 Repealed
          67:47:02:12.  Payment of benefits. Repealed.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:02:13 Repealed
          67:47:02:13.  Verification. Repealed.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:02:14 Repealed
          67:47:02:14.  Access of parent to child. Repealed.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:02:15 Repealed
          67:47:02:15.  Parent to report change in circumstances. Repealed.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:02:16 Repealed
          67:47:02:16.  Recovery of overpayments. Repealed.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 28 SDR 111, effective February 20, 2002; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:02:17 Repealed
          67:47:02:17.  Department may withhold payments. Repealed.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:02:18 Repealed
          67:47:02:18.  Department to investigate report -- Notice of action. Repealed.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 28 SDR 111, effective February 20, 2002; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:02:19 Repealed
          67:47:02:19.  Overpayments -- Hearings -- Payments made pending hearing. Repealed.

History

  • Source: 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 28 SDR 111, effective February 20, 2002; 35 SDR 166, effective December 24, 2008; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:02:20 Repealed
          67:47:02:20.  Redetermination of eligibility and copayment. Repealed.

History

  • Source: 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:02:21 Applicable provisions of chapter 67:47:01

The following provisions of chapter 67:47:01 apply to temporary assistance to needy families parents eligible for child care assistance: § 67:47:01:07; §§ 67:47:01:10.02 through 67:47:01:16; §§ 67:47:01:18 and 67:47:01:19; and §§ 67:47:01:22 through 67:47:01:25.01.

History

  • Source: 37 SDR 236, effective June 28, 2011; 46 SDR 50, effective October 10, 2019.
  • General Authority: SDCL 28-1-61(1)(2).
  • Law Implemented: SDCL 28-1-60.

Chapter 67:47:03

ARSD 67:47:03:01 Repealed
          67:47:03:01.  Definitions. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 37 SDR 236, effective June 28, 2011; 43 SDR 31, effective September 12, 2016.
ARSD 67:47:03:02 Repealed
          67:47:03:02.  Redetermination of eligibility and copayment. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; 33 SDR 152, effective April 4, 2007; 37 SDR 236, effective June 28, 2011; 43 SDR 31, effective September 12, 2016.
ARSD 67:47:03:03 Repealed
          67:47:03:03.  Written request required. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 37 SDR 236, effective June 28, 2011; 43 SDR 31, effective September 12, 2016.
ARSD 67:47:03:04 Repealed
          67:47:03:04.  TCC benefit limits. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 37 SDR 236, effective June 28, 2011; 43 SDR 31, effective September 12, 2016.
ARSD 67:47:03:05 Repealed
          67:47:03:05.  TCC benefits for parent working at night. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:06 Repealed
          67:47:03:06.  Required verification of income and TCC costs. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 37 SDR 236, effective June 28, 2011; 43 SDR 31, effective September 12, 2016.
ARSD 67:47:03:07 Repealed
          67:47:03:07.  Consideration of income. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 37 SDR 236, effective June 28, 2011; 43 SDR 31, effective September 12, 2016.
ARSD 67:47:03:07.01 Repealed
          67:47:03:07.01.  Adjustment to gross income. Repealed.

History

  • Source: 27 SDR 43, effective October 26, 2000; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:08 Repealed
          67:47:03:08.  Maximum rates payable for child care service costs. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; 33 SDR 152, effective April 4, 2007; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:09 Repealed
          67:47:03:09.  Maximum child care service costs recognized by department -- Family day care. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; repealed, 33 SDR 152, effective April 4, 2007.
ARSD 67:47:03:10 Repealed
          67:47:03:10.  Maximum rates payable for family day care provider choosing to care for infants and toddlers and limit the number of children in care to six or less. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; 33 SDR 152, effective April 4, 2007; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:11 Repealed
          67:47:03:11.  Maximum child care service costs recognized by department -- Children with special needs. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; repealed, 33 SDR 152, effective April 4, 2007.
ARSD 67:47:03:12 Repealed
          67:47:03:12.  Maximum child care service costs recognized by department -- In-home, relative, and informal providers. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; repealed, 33 SDR 152, effective April 4, 2007.
ARSD 67:47:03:13 Repealed
          67:47:03:13.  Family required to participate in TCC costs. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 33 SDR 152, effective April 4, 2007; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:14 Repealed
          67:47:03:14.  Family pays costs when lump sum income exceeds federal poverty level. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 33 SDR 152, effective April 4, 2007; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:15 Repealed
          67:47:03:15.  Failure to contribute to costs -- Ineligibility. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; repealed, 37 SDR 36, effective June 28, 2011.
ARSD 67:47:03:16 Repealed
          67:47:03:16.  Payment of benefits. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:17 Repealed
          67:47:03:17.  Voluntarily quitting employment and failure to cooperate results in ineligibility. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 43 SDR 31, effective September 12, 2016.
ARSD 67:47:03:18 Repealed
          67:47:03:18.  Notice to parent -- Issuance of child care certificate. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:19 Repealed
          67:47:03:19.  Provider eligibility. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:20 Repealed
          67:47:03:20.  Requirements for in-home, informal, or relative provider. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 33 SDR 152, effective April 4, 2007; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:21 Repealed
          67:47:03:21.  Tuberculin test requirements. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; repealed, 33 SDR 152, effective April 4, 2007.
ARSD 67:47:03:22 Repealed
          67:47:03:22.  Time limits for meeting provider eligibility requirements -- Beginning date of payment. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 33 SDR 152, effective April 4, 2007; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:23 Repealed
          67:47:03:23.  Provider's portion of child care certificate -- Completion of request for payment form required for payment -- Provider to bill usual and customary charge. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:24 Repealed
          67:47:03:24.  Parent to report change in circumstances. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:25 Repealed
          67:47:03:25.  Status review form required every six months. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; repealed, 33 SDR 152, effective April 4, 2007.
ARSD 67:47:03:26 Repealed
          67:47:03:26.  Access of parent to child. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:27 Repealed
          67:47:03:27.  Verification. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:28 Repealed
          67:47:03:28.  Department to investigate report -- Notice of action. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 28 SDR 111, effective February 20, 2002; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:29 Repealed
          67:47:03:29.  Department may withhold payments. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 23, 2000; 28 SDR 111, effective February 20, 2002; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:30 Repealed
          67:47:03:30.  Recovery of overpayments. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:31 Repealed
          67:47:03:31.  Overpayments -- Hearings -- Payments made pending hearing. Repealed.

History

  • Source: 24 SDR 30, effective September 14, 1997; 28 SDR 111, effective February 20, 2002; 35 SDR 166, effective December 24, 2008; repealed, 37 SDR 236, effective June 28, 2011.
ARSD 67:47:03:32 Repealed
          67:47:03:32.  Applicable provisions of chapter 67:47:01. Repealed.

History

  • Source: 37 SDR 236, effective June 28, 2011; 43 SDR 31, effective September 12, 2016.

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