S.D. Admin. R. 67:54:09:12

Current through Register Vol. 51, page 34, September 9, 2024
Section 67:54:09:12 - Eligibility for family support services

The department shall apply the provisions of chapters 67:16:01, 67:46:01 through 67:46:05, inclusive, 67:46:07, and 67:46:08 when determining eligibility for services provided under this chapter. The individual shall be receiving SSI or be aged, blind, or disabled and have income less than 300 percent of the SSI standard benefit amount. In addition, the following requirements shall also be met:

(1) The division has determined that the individual meets developmental disability criteria pursuant to § 67:54:03:03 or, if the individual is age birth through two years of age, the division has documentation from the Department of Education that indicates the child has been identified as needing prolonged assistance as defined in § 24:05:24.01:15;
(2) For individuals age four and above, the division has determined that the individual has substantial deficits as exhibited by completion of an Inventory for Client and Agency Planning (ICAP) pursuant to § 67:54:03:04;
(3) The division has determined that the individual is in need of and eligible for placement in an intermediate care facility for individuals with intellectual disabilities based on the division's finding that the individual has a substantial functional limitation in three or more of the functional areas listed in § 67:54:03:04; and
(4) The division has an ISP for the individual that has been prepared under the provisions of § 67:54:09:15.

S.D. Admin. R. 67:54:09:12

34 SDR 271, effective 5/7/2008; SL 2013, ch 128; 45 SDR 082, effective 12/10/2018

General Authority: SDCL 28-6-1(1)(2).

Law Implemented: SDCL 28-6-1(1)(2).

SSI standard benefit amount, subdivision 67:46:04:13(2).