CHAPTER 46:33:01
ADULT PROTECTIVE SERVICES
Section
46:33:01:01 Definitions.
46:33:01:02 Eligibility requirements.
46:33:01:03 Services.
46:33:01:01. Definitions. Terms used in this article mean:
(1) "Adult protective service," is the service provided when abuse, neglect, or financial exploitation is substantiated to an elder or an adult with a disability;
(2) "Adult with a disability," a person eighteen years of age or older who has a condition of intellectual disability, infirmities of aging as manifested by organic brain damage, advanced age, or other physical dysfunctioning to the extent that the person is unable to protect themself or provide for their own care;
(3) "Elder," as defined in SDCL 22-46-1(3); and
(4) "Protective services," are any actions taken to explore, develop, or arrange services to alleviate abuse, neglect, or financial exploitation of an elder or an adult with disabilities. The service of conducting an investigation is not considered a protective service.
Source: 47 SDR 24, effective September 8, 2020.
General Authority: SL 2017, ch 230 (Ex. Ord. 17-1), §§ 25-28, eff. Apr. 13, 2017,
SDCL 1-36A-26(11).
Law Implemented: SDCL 1-36A-26(11).
Cross Reference: General types of abuse, neglect, or financial exploitation, SDCL 22-46-1.
46:33:01:02. Eligibility requirements. A person is eligible for adult protective services if that person is an elder or an adult with a disability who is:'
(1) Harmed or threatened with harm because of self-neglect, poor health, or the action or inaction of others, or
(2) A victim of abuse, neglect, or exploitation as defined in SDCL 22-46-1.
Source: 47 SDR 24, effective September 8, 2020.
General Authority: SL 2017, ch 230 (Ex. Ord. 17-1), §§ 25-28, eff. Apr. 13, 2017, SDCL 1-36A-26(11).
Law Implemented: SDCL 1-36A-26(11).
46:33:01:03. Services. The adult protective services to be provided are:
(1) Protective services assessment; and
(2) Protective services when allegations are substantiated by the assessment.
Source: 47 SDR 24, effective September 8, 2020.
General Authority: SL 2017, ch 230 (Ex. Ord. 17-1), §§ 25-28, eff. Apr. 13, 2017, SDCL 1-36A-26(11).
Law Implemented: SDCL 1-36A-26(11).
CHAPTER 46:33:02
OMBUDSMAN SERVICES
Section
46:33:02:01 Definitions.
46:33:02:02 Services.
46:33:02:03 Access.
46:33:02:04 Posting of information.
46:33:02:01. Definitions. As used in this chapter:
(1) "Home and community-based alternative living center" means:
(A) An assisted living center, as defined in SDCL subdivision 34-12-1.1(2);
(B) A community living home, as defined in SDCL subdivision 34-12-1.1(13); or
(C) A residential living center, as defined in SDCL subdivision 44:23:01:01(8).
(2) "Long-term care facility" means:
(A) A nursing facility, as defined in SDCL subdivision 34-12-1.1(6); or
(B) The geriatric nursing home at the Human Services Center.
(3) "Ombudsman" means a state employee who has the duties and authority set forth in the federal Older Americans Act of 1965, 42 U.S.C. § 3058g, (as of April 30, 2021); and
(4) "Resident" means a resident of a long-term care facility or a home- and community-based alternative living center located in the state.
Source: 47 SDR 137, effective June 27, 2021.
General Authority: SDCL 1-36A-26(12).
Law Implemented: SDCL 1-36A-26.
46:33:02:02. Services. The ombudsman may provide the following services:
(1) Identify, investigate, and resolve complaints from any source made by, or on behalf of, a resident relating to any action, inaction, or decision that may adversely affect the health, safety, welfare, or rights of a resident including the welfare and rights of residents with respect to the appointment and activities of guardians and representative payees;
(2) Represent the interests of a resident before governmental agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of a resident;
(3) Provide information as appropriate to other agencies and the public regarding the problems and concerns of residents;
(4) Inform residents, family members, and others acting on behalf of residents about how to access assistance and services and other providers or agencies, including legal services;
(5) Ensure regular and timely access and response;
(6) Comment on, facilitate public comment on, and recommend changes to, existing or proposed laws, rules, regulations, and other governmental policies and actions that affect the health, safety, welfare, and rights of residents;
(7) Provide technical support for the development of resident and family councils to protect the well-being and rights of residents;
(8) Educate long-term care facility staff, home- and community-based alternative living center staff, community members, and state and local agency staff concerning the rights and welfare of residents;
(9) Promote the development of citizen organizations to advocate for the well-being and rights of residents; and
(10) Provide services to assist residents in protecting the health, safety, welfare, and rights of residents.
Source: 47 SDR 137, effective June 27, 2021.
General Authority: SDCL 1-36A-26(12).
Law Implemented: SDCL 1-36A-25.
46:33:02:03. Access. An ombudsman shall have access to long-term care facilities, home- and community-based alternative living centers, and residents. An ombudsman shall also have access to:
(1) All files, records, or other information concerning a resident, if:
(A) The ombudsman has the permission of the resident, or the legal representative of the resident; or
(B) The resident is unable to communicate consent to the review and has no legal representatives; or
(2) All files, records, or other information as is necessary to investigate a complaint, if:
(A) A legal guardian of the resident refuses to give the permission; and
(B) The ombudsman has reasonable cause to believe that the guardian is not acting in the best interests of the resident.
Source: 47 SDR 137, effective June 27, 2021.
General Authority: SDCL 1-36A-26(12).
Law Implemented: SDCL 1-36A-27, 1-36A-28.
46:33:02:04. Posting of information. Every long-term care facility and home- and community-based alternative living center shall post in a conspicuous location a notice of the ombudsman's toll-free number and the name, address, and phone number of the office of the appropriate ombudsman and a brief description of the services provided by the office. The form of the notice shall be as prescribed by the office or approved by the office. This information shall also be distributed to the resident, family members, and legal guardians upon the resident's admission to the long-term care facility or home- and community-based alternative living center.
Source: 47 SDR 137, effective June 27, 2021.
General Authority: SDCL 1-36A-26(12).
Law Implemented: SDCL 1-36A-26.
