Changes to Existing Law

Except in any case involving fraud or any case controlled by the Indian Child5 Welfare Act, (25 U.S.C. §§ 1901 to 1963, inclusive), as amended to January 1, 2012, any6 proceeding for the adoption of a child commenced under chapter 25-6 shall be in all things7 legalized, cured, and validated one year after the proceeding is finalized. If any person has a8 claim or right arising from any adoption proceeding, that person shall initiate any action to9 enforce such right or claim within one year of the date when the proceeding is finalized unless10 a two year statute of limitations is imposed by the Indian Child Welfare Act, (25 U.S.C. §§ 190111 to 1963, inclusive), as amended to January 1, 2012 2019.

Due regard shall be afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901- 1963), as amended to January 1, 2004, if that Act is applicable. 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -SB

No provision of §§ 26-6-36 to 26-6-50, inclusive, may be construed to allow a14 child-placement agency to decline to provide a service on the basis of a person's race, ethnicity, or national origin. Due regard shall be afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901-1963), as amended to January 1, 2017, if that Act is applicable.

The Department of Social Services shall establish a child support enforcement unit4 and may, in accordance with chapter 4-8B, apply for and receive federal funds under the5 provisions of Title IV-D of the Social Security Act, as amended, to January 1, 2004. The6 department may also enforce the child support obligations for any child who is receiving7 temporary assistance for needy families or foster care maintenance payments under Title IV-E. The department shall enforce the spousal support obligation for a parent who is living with his9 or her child if the support obligation has been established for the parent by court order and the10 child support obligation is being enforced by the department.

The Department of Social Services may provide medical services and medical or13 remedial care on behalf of persons having insufficient income and resources to meet the14 necessary cost thereof, if the person has exhausted all other possible public and private medical15 and remedial care programs, income, or benefits, with the exception of county poor relief, in16 accordance with rules which the secretary of social services shall promulgate pursuant to chapter17 1-26 in accordance with the provisions of Title XIX and Title XXI of the federal Social Security Act, as amended to January 1, 2004. The rules shall specify the individuals and services for19 which state funds or federal financial participation are available and may include: (1)The amount, scope, and duration of medical and remedial services; (2)The basis for and extent of provider payments on behalf of an eligible person; (3)The establishment and collection of copayments, premiums, fees, or charges for23 sharing the cost of risk protection or services provided to persons. All such24 - 6 -SB collections shall be remitted to the general fund; (4)Methods of administration found necessary for the operation of the medical2 assistance program; (5)Safeguards against the disclosure or improper use of information, required by4 statutory law to be held confidential, concerning applicants for or recipients of5 medical assistance; and6 (6)Such other requirements as may be necessary to obtain federal financial participation7 in the medical assistance program.

The department shall promulgate reasonable and necessary rules, pursuant to10 chapter 1-26, relating to: (1)The determination of exempt and nonexempt income in long-term care; (2)The treatment of income in long-term care; (3)The deeming of income in long-term care; (4)The determination of the spousal minimum monthly allowance in long-term care; (5)The determination of the spousal share of resources; and16 (6)Such other standards and requirements as may be necessary for federal financial17 participation in accordance with Title XIX of the federal Social Security Act, as amended to January 1, 2004.