S.D. Admin. R. 67:10:01:15

Current through Register Vol. 50, page 159, June 17, 2024

Section 67:10:01:15 - Exceptions to eligibility requirements for parents under age 18

The department shall waive the requirement contained in subdivision 67:10:01:14(1) if one of the following conditions exists:

(1) There is no living adult relative or legal guardian;

(2) No living adult relative or legal guardian will allow the minor parent and child to live with them; or

(3) The department determines that it is not in the best interests of the minor parent and child to live with an adult relative or legal guardian.

The determination made in subdivision (3) of this section is based on evidence such as police reports, physician statements, and school records, which indicates that the minor parent and child would be subjected to serious physical or emotional harm if they were to live with an adult relative.

If the department determines that it is not in the best interests of the minor parent and child to live with an adult relative, the department may require the minor parent and child to live in an adult-supervised living arrangement. The adult-supervised living arrangement must be approved by the department and must provide parenting skills, including child development, family budgeting, and health and nutrition, and other skills to promote the minor parent's long-term economic independence and the well-being of the child.

S.D. Admin. R. 67:10:01:15

24 SDR 24, effective 8/31/1997.

General Authority: SDCL 28-7A-3(1)(12).

Law Implemented: SDCL 28-7A-3(1)(12).

Exceptions to living arrangements, Pub. L. No. 104-193, § 408(a)(5)(B) (110 Stat. 2136) (August 22, 1996).