67:22:01:02.  Eligibility requirements. A youth's educational expenses are eligible for payment by the Auxiliary Placement Program if that youth is a South Dakota resident and one of the following conditions exists:

 

          (1)  The youth is in the legal custody of the department or under the placement, care, and supervision of the department;

          (2)  The youth has been committed to the Department of Corrections;

          (3)  The youth is in the legal custody of tribal court with placement or supervision placed with a tribal or BIA agency that deals with the welfare of chilren and meets one of the following requirements:

 

               (a)  The youth was most recently enrolled in a public school prior to placement in a residential treatment center or group care center; or

               (b)  The youth has been determined to be eligible for assistance under Title IV-E of the Social Security Act, as amended to July 1, 2017, on admission; or

 

          (4)  The youth had previously been in the legal custody of the Department of Social Services and custody was transferred to an agency that has placement, care, and supervision of the youth through a court order.

 

          A youth under the supervision of the United States Probation Office or in the legal custody of the Federal Bureau of Prisons is not eligible for payment by the Auxiliary Placement Program.

 

          Source: 36 SDR 117, effective January 25, 2010; 36 SDR 215, effective July 1, 2010; 44 SDR 94, effective December 4, 2017.

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

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