S.D. Admin. R. 67:10:01:27

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

Section 67:10:01:27 - Good cause for refusing to cooperate

For the purposes of SDCL 28-7A-6, an individual may establish good cause for refusing to cooperate when evidence of one or more of the following situations is presented to the department and the department decides that it would not be in the best interest of the child or caretaker relative to require the individual to cooperate:

(1) The child for whom support is sought was conceived as a result of incest or forcible rape;

(2) Legal proceedings for the child's adoption are pending in court;

(3) Physical or emotional harm can reasonably be expected to come to the child for whom support is being sought;

(4) Physical or emotional harm can reasonably be expected to come to the mother or other caretaker relative with whom the child is living which would significantly reduce her capacity to care for the child; or

(5) The department, a licensed private social services agency, or a tribal or BIA social services agency is currently assisting the applicant or recipient to decide whether a child should be kept or relinquished for adoption and this assistance has not exceeded three months.

S.D. Admin. R. 67:10:01:27

24 SDR 24, effective 8/31/1997.

General Authority: SDCL 28-7A-3(1)(4)(12).

Law Implemented: SDCL 28-7A-3(1)(4)(12).

Reduction or elimination of assistance for noncooperation in establishing paternity or obtaining child support, Pub. L. No. 104-193, § 488(a)(2) (110 Stat. 2135) (August 22, 1996).