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CHAPTER 1-36

DEPARTMENT OF SOCIAL SERVICES

1-36-1      Department continued.
1-36-2      Secretary as head of department.
1-36-3      Board of Social Services--Appointment and terms of members.
1-36-4      Officers of board--Functions--Meetings.
1-36-5      Superseded.
1-36-5.1      Divisions of social welfare, mental health and mental retardation, and human development abolished--Agencies and programs constituting department.
1-36-6      Superseded.
1-36-6.1      Performance of functions of former director of social welfare and former director of human development.
1-36-7      Superseded.
1-36-7.1      Performance of functions of former Division of Social Welfare.
1-36-7.2      Performance of functions of former Division of Human Development and former Office of Community Services and supervisor of office of community services.
1-36-7.3      Repealed.
1-36-7.4      Performance of administrative functions for commission on status of women.
1-36-8 to 1-36-10. Repealed.
1-36-11      Superseded.
1-36-12      Repealed.
1-36-13      Superseded.
1-36-14      Repealed.
1-36-15      Superseded.
1-36-16      Superseded.
1-36-16.1      Omitted.
1-36-17, 1-36-18. Repealed.
1-36-18.1      Superseded.
1-36-18.2      Omitted.
1-36-19      Repealed.
1-36-20      Secretary may adopt federally mandated rules--Procedure--Effective date.
1-36-21      Contracts for care of persons subject to or receiving institutional treatment in another state or federal government--Return to sending state or federal government.
1-36-22      Compensation for such support--Disposition of funds.
1-36-23      Transfer of institutional residents--Payment of expenses.
1-36-24      Contracts with federal government for care of persons--Compensation.
1-36-25      Promulgation of rules.
1-36-26      Repealed.
1-36-27      Human Services Center transferred.
1-36-28      Division of Mental Health transferred.
1-36-29      Board of Social Work Examiners transferred.
1-36-30      Board of Examiners of Psychologists transferred.
1-36-31 to 1-36-34. Repealed.
1-36-35      Visitation Grant Advisory Group--Members--Terms.
1-36-36      Criminal background investigation of new employees--Temporary employment--Fees.


     1-36-1.   Department continued. The Department of Social Services is hereby continued.

Source: SL 1973, ch 2, § 66.


     1-36-2.   Secretary as head of department. The head of the Department of Social Services is the secretary of social services.

Source: SL 1973, ch 2, § 67.


     1-36-3.   Board of Social Services--Appointment and terms of members. The Board of Social Services is hereby continued within the Department of Social Services and shall consist of seven members, not more than four of which may be members of the same political party, appointed by the Governor and subject to removal for cause only. The term of office of each member is three years. The terms of members shall begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.
     Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.
     A member appointed to fill a vacancy occurring other than by expiration of a term shall be appointed for the unexpired term.

Source: SL 1973, ch 2, § 69; SL 2012, ch 16, § 8; SL 2013, ch 176, § 5.


     1-36-4.   Officers of board--Functions--Meetings. The Board of Social Services shall annually elect from its members such officers as it deems advisable. A majority of the board members shall be required to constitute a quorum. The quasi-legislative, quasi-judicial, and special budgetary functions of the Board of Social Services are transferred to the secretary of social services; otherwise the board shall exercise such functions as are assigned to it by this chapter and such other functions as may be assigned to it by law. The board shall hold meetings at the call of the chairman, but there shall be at least one meeting every six months.

Source: SL 1973, ch 2, § 69; SL 1980, ch 372, § 17.


     1-36-5.   Superseded.


     1-36-5.1.   Divisions of social welfare, mental health and mental retardation, and human development abolished--Agencies and programs constituting department. The divisions of social welfare, mental health and mental retardation, and human development within the Department of Social Services pursuant to chapter 1-36 are hereby abolished and the Department of Social Services shall consist of agencies and programs created by law, executive order, and administrative action and placed within the department.

Source: SL 1981, ch 376, § 17.


     1-36-6.   Superseded.


     1-36-6.1.   Performance of functions of former director of social welfare and former director of human development. The secretary of social services, as head of the Department of Social Services, shall perform all functions under chapter 1-36 of the former director of social welfare and the former director of human development.

Source: SL 1981, ch 376, § 18; SL 1989, ch 21, § 27.


     1-36-7.   Superseded.


     1-36-7.1.   Performance of functions of former Division of Social Welfare. The functions of the former Division of Social Welfare under chapter 1-36 and Title 28, are transferred to the Department of Social Services and the secretary of social services, and may be organized within the Department of Social Services as the secretary, with the approval of the Governor, shall designate.

Source: SL 1981, ch 376, § 19.


     1-36-7.2.   Performance of functions of former Division of Human Development and former Office of Community Services and supervisor of office of community services. The functions of the former Division of Human Development under chapter 1-36 and the functions of the former Office of Community Services and the supervisor of the Office of Community Services under chapters 26-4 and 26-6 are transferred to the Department of Social Services and the secretary of social services, and may be organized within the Department of Social Services as the secretary, with the approval of the Governor, shall designate.

Source: SL 1981, ch 376, § 20.


     1-36-7.3.   Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 105, eff. Apr. 12, 2011.


     1-36-7.4.   Performance of administrative functions for commission on status of women. The Department of Social Services shall, under the direction of the secretary of social services, perform all administrative functions except special budgetary functions (as defined in § 1-32-1) of the commission on the status of women created by chapter 20-14, and may provide staff assistance for the commission and may purchase supplies and equipment for the commission as necessary.

Source: SL 1981, ch 376, § 22.


     1-36-8 to 1-36-10.   Repealed by SL 1977, ch 226, § 26.


     1-36-11.   Superseded.


     1-36-12.   Repealed by SL 1980, ch 26, § 11.


     1-36-13.   Superseded.


     1-36-14.   Repealed by SL 1980, ch 26, § 12.


     1-36-15.   Superseded.


     1-36-16.   Superseded.


     1-36-16.1.   Omitted.


     1-36-17, 1-36-18.   Repealed by SL 1977, ch 198, § 22.


     1-36-18.1.   Superseded.


     1-36-18.2.   Omitted.


     1-36-19.   Repealed by SL 1977, ch 198, § 22.


     1-36-20.   Secretary may adopt federally mandated rules--Procedure--Effective date. If the secretary of the Department of Social Services is authorized to promulgate rules and the adoption of certain rules is mandated by a federal rule or regulation, the secretary may, without following the procedures set forth in §§ 1-26-4 to 1-26-6, inclusive, serve a copy of the proposed rule, a copy of the appropriate federal statute, rule, or regulation, and an affidavit stating that such proposed rule is mandated by the attached federal statute, rule, or regulation on the director. The director shall review the rules received as to the sufficiency of the form and style and as to their legality. If the director finds need for change, the director shall make any requirements known in writing within three days of service. Five days after service, and upon complying with the requirements of the director, the secretary may file the proposed rule with the secretary of state. Any rule adopted under this section is provisionally effective immediately upon filing or at a later date if required in the federal statute or rule and specified by the department.

Source: SL 1980, ch 19, § 1; SL 1987, ch 29, § 64; SL 1989, ch 16, § 14; SL 1996, ch 15.


     1-36-21.   Contracts for care of persons subject to or receiving institutional treatment in another state or federal government--Return to sending state or federal government. The Department of Social Services may enter into contracts with the proper authorities of other states or the federal government, to provide for the support, maintenance, care, and treatment of other persons subject to or receiving institutional treatment in any such other state or federal government, in the appropriate institution in South Dakota under the control and jurisdiction of the department. Any person residing in any institution under the provisions of this section is subject to return to the sending state or federal government at the discretion of the head of the institution in which such person is residing.

Source: SL 1989, ch 21, § 12; SDCL § 1-36A-1.12; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 14, 163, eff. Apr. 12, 2011.


     1-36-22.   Compensation for such support--Disposition of funds. The expenses for such support, maintenance, care, and treatment as agreed upon may not be less than an amount required to compensate the State of South Dakota for the total cost thereof to the state. Such compensation when received shall be deposited with the state treasurer and credited to the funds of the institution affected, as directed by the secretary of social services and shall be expended for the same purposes and in the same manner as other funds credited to such institution are expended.

Source: SL 1989, ch 21, § 13; SDCL § 1-36A-1.13; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 14, 163, eff. Apr. 12, 2011.


     1-36-23.   Transfer of institutional residents--Payment of expenses. The Department of Social Services may transfer any person who is a resident at any institution under its control to another state or to the federal government for like institutional care, and contract with the proper authorities of such other state or federal government for the support, maintenance, care, and treatment in the appropriate institution in such state or of the federal government.
     The expense for such support, maintenance, care, and treatment as agreed upon shall be paid out of funds available to the department and paid out on vouchers approved by the secretary of social services or in such case as agreed upon by the receiving state or federal government, may be reimbursed by the trading of like residents on a day for day basis.

Source: SL 1989, ch 21, § 14; SDCL § 1-36A-1.14; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 14, 163, eff. Apr. 12, 2011.


     1-36-24.   Contracts with federal government for care of persons--Compensation. The Department of Social Services may contract with the federal government, through any of its authorized departments, boards, commissions, or agencies for the admission, treatment, care, custody, or attendance of those persons who are the responsibility of the federal government or residents of South Dakota, or committed from South Dakota. The contracts shall specify that the federal government shall compensate the State of South Dakota for the total cost to the state for the treatment, care, custody, or attendance of the persons.

Source: SL 1989, ch 21, § 15; SDCL § 1-36A-1.15; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 14, 163, eff. Apr. 12, 2011.


     1-36-25.   Promulgation of rules. The secretary of the Department of Social Services may promulgate rules, pursuant to chapter 1-26, for the Division of Behavioral Health pertaining to any individual, organization, or corporation which receives directly or indirectly financial assistance from the state if such assistance is under the department's supervision. The rules may govern:
             (1)      Management and administration, including fiscal control, program planning, implementation, and evaluation;
             (2)      Physical facilities, except matters covered by local fire and building codes or regulations;
             (3)      Service administration, including client rights, confidentiality, treatment planning, and statistical reporting;
             (4)      Service components, including outpatient, emergency, liaison, psychiatric rehabilitation, residential, consultation and education, and case management; and
             (5)      Staff qualifications.

Source: SL 1992, ch 16; SDCL § 1-36A-1.26; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 14, 72, 163, eff. Apr. 12, 2011; SL 2016, ch 15, § 1.


     1-36-26.   Repealed by SL 2016, ch 15, § 2.


     1-36-27.   Human Services Center transferred. The Human Services Center, Yankton, created by chapter 1-36A is hereby transferred from the Department of Human Services to the Mental Health Division, Department of Social Services. The secretary of the Department of Social Services shall perform the functions of the secretary of the Department Human Services, relating to the Human Services Center, Yankton.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 71, eff. April 12, 2011.


     1-36-28.   Division of Mental Health transferred. The Division of Mental Health created by chapter 1-36A is hereby transferred from the Department of Human Services to the Mental Health Division, Department of Social Services. The secretary of the Department of Social Services shall perform the functions of the secretary of the Department of Human Services, relating to the Division of Mental Health.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 72, eff. April 12, 2011.


     1-36-29.   Board of Social Work Examiners transferred. The Board of Social Work Examiners, created by chapter 36-26, and its functions in the former Department of Human Services are transferred to the Department of Social Services. The secretary of the Department of Social Services shall perform the functions of the secretary of the Department of Human Services, relating to the Board of Social Work Examiners.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 73, eff. April 12, 2011.


     1-36-30.   Board of Examiners of Psychologists transferred. The Board of Examiners of Psychologists, created by chapter 36-27A, and its functions in the former Department of Human Services are transferred to the Department of Social Services. The secretary the Department of Social Services shall perform the functions of the secretary of the Department of Human Services, relating to the Board of Examiners of Psychologists.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 74, eff. April 12, 2011.


     1-36-31 to 1-36-34.   Repealed by SL 2016, ch 15, §§ 3 to 6.


     1-36-35.   Visitation Grant Advisory Group--Members--Terms. There is hereby created the Visitation Grant Advisory Group to allocate funds received by the Department of Public Safety through Part D of Title IV (U.S.C. 651-669). The advisory group shall be composed of three circuit court judges appointed by the Chief Justice of the Supreme Court, two members in good standing of the South Dakota Bar Association with experience in the law of domestic relations, custody, and visitation appointed by the Governor, two at large members appointed by the Governor, and two legislators, one appointed by the speaker of the House of Representatives and one appointed by the president pro tempore of the Senate. The terms of the members of the first advisory group shall be:
             (1)      One-third selected for one-year terms;
             (2)      One-third selected for two-year terms; and
             (3)      One-third selected for three-year terms.
The term of each appointment to the advisory group is three years. No member may serve more than two consecutive three-year terms. The members may elect a chair from among the members. The advisory group shall be staffed by the Department of Public Safety.

Source: SL 2011, ch 12, § 1; SL 2018, ch 145, § 3.


     1-36-36.   Criminal background investigation of new employees--Temporary employment--Fees . Each person hired by the Department of Social Services to serve as a social service aide, family services specialist, family services specialist supervisor, and regional manager in the Division of Child Protection Services or by the Department of Human Services as a home health aide, long term services and supports specialist, long term services and supports supervisor, and regional manager in the Division of Long Term Services and Supports shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The department shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The department may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check.

Source: SL 2012, ch 29, § 2; SL 2017, ch 230 (Ex. Ord. 17-1), § 20, eff. Apr. 13, 2017; SL 2018, ch 16, § 1.


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