S.D. Admin. R. 67:18:01:01

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

Section 67:18:01:01 - Definitions

Terms used in this article mean:

(1) "Act" Title IV-D of the Social Security Act;

(2) "Aid," or "assistance," the grant amount paid to a family under the TANF program, the foster care maintenance payment paid under Title IV-E of the Social Security Act, or the temporary assistance to needy families program;

(3) "Amount collected," the amount collected by DCS and retained as reimbursement of federal and state aid expenditures in the month in which the collection was made or for a previous month in which aid was paid or the amount collected and paid to a nonrecipient or a former recipient;

(4) "Applicant" and "recipient," a caretaker, the children, and any other individual whose financial needs are considered by the department in determining the amount of aid under SDCL chapter 28-7 A;

(5) "Assignment," the transferring to and vesting in the department, by virtue of SDCL 28-7A-7 or by written instrument, all rights of support from any person payable, whether accrued, pending, or continuing, to or on behalf of an applicant for or recipient of aid, or on behalf of another family member for whom the applicant or recipient is applying for or receiving aid;

(6) "Assistance unit," an individual or a group of related recipients within a household whose needs are recognized in one assistance grant and whose support rights have been assigned to the department under SDCL 28-7A-7;

(7) "Department," the Department of Social Services of the state of South Dakota;

(8) "Family," the children of an obligee and an obligor and the obligee, legal guardian, or caretaker who has custody of or responsibility for the children for the purpose of distribution of support payments;

(9) "Federal parent locator service" or "FPLS," a service operated by the federal office of child support enforcement to locate noncustodial parents for purposes of support enforcement or to locate parents and children in parental kidnapping and child custody cases;

(10) "Incentive payment," a payment made to a political subdivision in connection with the enforcement and collection of support obligations;

(11) "Nonrecipient," a resident parent or legal guardian who has legal custody of a child or, in the absence of a custody order, a parent who has actual custody of a child not otherwise eligible for or receiving assistance from the department;

(12) "DCS," the Division of Child Support;

(13) "Power of attorney," an instrument authorizing the department to act on behalf of a nonrecipient to enforce and collect a support obligation, whether accrued, pending, or continuing, from another person;

(14) "State parent locator service" or "SPLS," the service established to identify and locate noncustodial parents;

(15) "State plan," the state plan for child support enforcement submitted by the Department under Title IV-D of the Social Security Act; and

(16) "Support obligation," a financial obligation of a person for child or spousal support, whether accrued, pending, or continuing, which is vested in the department by a recipient through an assignment or SDCL 28-7A-7 or is granted to the department by a nonrecipient through a power of attorney.

S.D. Admin. R. 67:18:01:01

2 SDR 31, effective 10/30/1975; 4 SDR 84, effective 6/11/1978; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 8 SDR 177, effective 7/8/1982; 9 SDR 43, effective 10/10/1982; 13 SDR 34, effective 9/29/1986; 13 SDR 89, effective 1/19/1987; 15 SDR 197, effective 6/25/1989; 24 SDR 72, effective 11/30/1997; 41 SDR 108, effective 1/6/2015; 41 SDR218, effective 6/30/2015.

General Authority: SDCL 28-7A-3(9).

Law Implemented: SDCL 28-1-65, 28-1-66, 28-7A-3(9).