S.D. Admin. R. 67:10:02:02

Current through Register Vol. 51, page 54, October 28, 2024

Section 67:10:02:02 - Deprivation of parental support or care

In order to receive assistance under this article, a child must be deprived of parental support or care. The department considers that a child is deprived of parental support or care if any of the following situations exist:

(1) A parent is physically absent from the home and facts exist supporting the presumption that the absence will continue for a period longer than 30 days. The department considers that a parent is physically present in the home if evidence exists that the parent was in the home for four consecutive days during a 30-day period or if there are other facts, such as employment applications, bank records, or witness statements which support a presumption that the parent is physically present. A child who has a parent gone from the home only because the parent is performing active duty for the United States uniformed services, is seeking employment, is employed elsewhere, or is attending school is not considered deprived of parental support or care and the parent is not considered absent from the home unless estrangement from the spouse has also occurred and the parent has not returned to the home for four consecutive days following the estrangement;

(2) A parent is hospitalized for either a physical or a mental problem and the hospitalization is expected to last at least 30 days;

(3) A parent is participating in an inpatient drug or alcohol treatment program and the treatment program is expected to last at least 30 days;

(4) A parent is imprisoned or has been deported. Deprivation exists if the parent is a convicted offender, is serving a court-imposed sentence, and is permitted to live at home while earning no income and performing unpaid public work or unpaid community service during the work day;

(5) A parent is mentally or physically incapacitated; or

(6) The parents are unemployed.

If the parent is an Indian stepparent in Indian country who is under the exclusive jurisdiction of a tribe for purposes of determining the domestic relations rights of the family, the stepparent's presence in the home is not a factor when determining if a child is deprived of parental support or care.

S.D. Admin. R. 67:10:02:02

24 SDR 24, effective 8/31/1997.

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

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