S.D. Admin. R. 67:18:01:51

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

Section 67:18:01:51 - Failure to cooperate

Failure of the applicant or recipient to cooperate means any one of the following:

(1) A refusal, upon request, to furnish all applicable verbal or written information available to, or later acquired by, the applicant or recipient in connection with the applicant or recipient, the applicant's or recipient's child who has yet to reach the age of majority, or any person liable for the support of the child. Information includes items such as the following:

(a) Identification of the noncustodial parent or other persons liable for support of the minor child;

(b) Disclosure of the current whereabouts of the noncustodial parent or other persons;

(c) Information which establishes the extent of the support obligation whether accrued, pending, or continuing; and

(d) Identification of other sources of information, such as relatives and employers of the noncustodial parent, who may have knowledge of facts relevant to establishing paternity, locating the noncustodial parent, or establishing or enforcing the support obligation;

(2) Failure to appear at a DCS office or at another location designated by DCS to provide information, testimony, or evidence for the purpose of legal proceedings;

(3) Failure to forward or turn over moneys due or owing the department pursuant to a previously executed and signed assignment;

(4) Failure to provide a current mailing address;

(5) Failure to comply with the rules of the department after having been advised of the rules; and

(6) Failure to submit to genetic testing as required by DCS or a court of competent jurisdiction.

S.D. Admin. R. 67:18:01:51

2 SDR 31, effective 10/30/1975; 7 SDR 66, 7 SDR 89, effective 7/1/1981; subdivision (2) transferred from § 67:18:01:52, 17 SDR 51, effective 10/7/1990; 17 SDR 116, effective 2/12/1991; 24 SDR 72, effective 11/30/1997; 41 SDR 108, effective 1/6/2015.

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

Law Implemented: SDCL 25-7A-56.3, 28-1-65, 28-1-66, 28-7A-3(9).

Parental duty to support child -- Age of majority, SDCL 25-5-18.1; Cooperation by applicants for and recipients of assistance, Pub. L. No. 104-193, § 333 (110 Stat. 2230) (August 22, 1996).