S.D. Admin. R. 67:14:14:05

Current through Register Vol. 51, page 67, December 16, 2024

Section 67:14:14:05 - Amount of subsidy

The amount of the maintenance, medical, or special subsidy shall be flexible according to the needs and circumstances of both the adoptive family and the child. The family's income, resources, and obligations shall be considered in determining the amount of the subsidy. No subsidy shall be authorized for, or paid to, an adoptive family eligible for benefits under the family's medical insurance; supplemental security income; Title XIX funds for the child of a a TANF family; vocational rehabilitation funds; public health program funds such as children and youth with special health care needs (CSHCN), old age survivors insurance or veterans administration grants from either the biological or adoptive parents; or funds for the child from any other source. A maintenance subsidy may not exceed the basic foster care rate. A medical subsidy shall follow the medical services program of the department.

A child may qualify for a subsidy at a rate higher than the current basic foster care rate if:

(1) The child has a medical condition that is determined to be life long and requiring specialized care;

(2) The child has a disability requiring ongoing specialized treatment or mental health treatment and a higher level of supervision in the home;

(3) The child has experienced a prior dissolved adoption; or

(4) The child resides in an institution, and financial incentive is the only means in securing an adoptive family.

These determinations are made by the department on a case by case basis. The department shall maintain written documentation on the child's circumstances which support the determination.

S.D. Admin. R. 67:14:14:05

SL 1975, ch 16; 44 SDR 94, effective 12/4/2017; 47 SDR 024, effective 9/10/2020

General Authority: SDCL 28-1-64.

Law Implemented: SDCL 28-1-64.

Medical services, art 67:16.