67:12:01:41Definition of "physical or mental incapacity.

Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗

Rulemaking activity

Article 67:12 Assistance PaymentsEffective
Assistance Payments - Article 67:12Effective

" "Physical or mental incapacity" of a parent exists when one parent has a physical or mental defect, illness, or impairment. The incapacity must be: (1) Supported by competent medical testimony; (2) So debilitating as to reduce substantially or eliminate the parent's ability to support or care for the otherwise eligible child; and (3) Expected to last for a period of at least thirty days.

Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.

General Authority

SDCL 28-6-1 ↗
Amended by HB1239 (2020) — require the costs of nursing homes to be rebased every five years for purposes o
Amended by HB1229 (2019) — require optional services through Medicaid to be authorized through special appr
Amended by SB30 (2019) — remove certain unnecessary federal references and dates from certain provisions

Law Implemented

SDCL 28-6-1 ↗
Amended by HB1239 (2020) — require the costs of nursing homes to be rebased every five years for purposes o
Amended by HB1229 (2019) — require optional services through Medicaid to be authorized through special appr
Amended by SB30 (2019) — remove certain unnecessary federal references and dates from certain provisions

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