S.D. Admin. R. 67:10:01:09

Current through Register Vol. 50, page 147, May 28, 2024

Section 67:10:01:09 - Residency

To be eligible for assistance under this article, an individual must be a resident of South Dakota. When determining residency, the department shall consider the following:

(1) A child is a resident of South Dakota if the caretaker relative is a resident of South Dakota. The caretaker relative is considered a resident when physically present in the state with an expressed intent to remain, including when entering the state with a job commitment or when seeking employment in the state;

(2) An individual who leaves South Dakota voluntarily is considered a resident of the state to which the individual moves, unless the individual declares an intention to return to South Dakota;

(3) If an individual receives assistance from another state, the individual is not considered a resident of South Dakota;

(4) If a recipient meets residence requirements in another state but delays unreasonably in applying for assistance or if the recipient meets residence requirements of and applies in another state but the application is rejected, assistance from South Dakota shall be terminated;

(5) If an individual expects to be outside South Dakota for a temporary period of time for the purposes of attending school, visiting, or the like, the individual is considered a resident of South Dakota as long as the individual continues to provide a home to which the dependent child can return at any time and continues to have primary responsibility for the major decisions as to the dependent child's discipline and welfare; and

(6) If a recipient has lived long enough in another state to indicate that the absence is not temporary and is coupled with a declaration of intent to make that state the recipient's home, the department shall refer the recipient to the other state to apply for assistance. Assistance from South Dakota may continue for no more than three months after the referral.

S.D. Admin. R. 67:10:01:09

24 SDR 24, effective 8/31/1997.

General Authority: SDCL 28-7A-3(1).

Law Implemented: SDCL 28-7A-3(1).