S.D. Admin. R. 46:04:01:04

Current through Register Vol. 51, page 34, September 9, 2024

Section 46:04:01:04 - Exceptions

An exception for a specific section, subsection, or paragraph of this chapter may be requested by writing to the division 30 days before the implementation of the exception. An exception will be considered if the following criteria are met:

(1) The exception does not jeopardize the health, safety, or well-being of any participants in the home;

(2) The exception is based on the best interests and needs of the participant;

(3) Noncompliance with the regulation is of greater benefit to the participant than compliance with the regulation;

(4) There is an alternative method for meeting the intent of the regulation;

(5) There are special circumstances that make this home different from other homes complying with the regulation; and

(6) The exception does not violate any other State regulation or statute.

No exception will be granted for any variance from the requirements in §§ 46:04:01:02 and 46:04:01:03.

In the event the participant requires relief care or emergency placement, the shared living provider may implement an exception immediately. The shared living provider shall notify the provider of the exception within 24 hours of the participant moving into the home. Written notice to the division shall be made within one business day.

S.D. Admin. R. 46:04:01:04

44 SDR 93, effective 12/4/2017; 49 SDR 048, effective 11/22/2022

General Authority: SDCL 27B-2-26(2)(3)(4)(9)(10).

Law Implemented: SDCL 27B-2-26(9)(10).