CHAPTER 67:42:13
INDEPENDENT LIVING PREPARATION
Section
67:42:13:01 Definitions.
67:42:13:02 Eligibility criteria.
67:42:13:03 Case plan requirements.
67:42:13:04 Assessment.
67:42:13:05 Written policy requirements -- Program components.
67:42:13:06 Supervision requirements.
67:42:13:07 Requirements for off-site living arrangements.
67:42:13:08 Emergency procedures.
67:42:13:01. Definitions. Terms used in this chapter mean:
(1) "Independent living preparation program" or "ILPP," an independent living program defined in SDCL 26-6-14(8) which is supervised and operated by a licensed child placement agency, group care center for minors, and residential treatment center; and
(2) "Placement agency," a licensed private child placement agency, a public agency which has legal authority to place children, or a parent or guardian who has placed the adolescent into an independent living preparation program.
Source: 20 SDR 196, effective May 29, 1994.
67:42:13:02. Eligibility criteria. The following requirements must be met before a placement agency may place an adolescent into an independent living preparation program:
(1) The adolescent is 16 years to 21 years of age;
(2) The adolescent agrees with the case plan developed by the independent living preparation program and the placement agency; and
(3) The ILPP or placement agency has completed an assessment of the adolescent's life skills.
Source: 20 SDR 196, effective May 29, 1994.
67:42:13:03. Case plan requirements. The placement agency shall develop a written case plan for each adolescent within 14 days of placing the adolescent into the independent living preparation program. When preparing the case plan, the placement agency shall involve the adolescent in care, the ILPP, and the parent or guardian. The case plan must contain at least the following information:
(1) A delineation of the respective roles and responsibilities of the ILPP, the adolescent, and other involved parties;
(2) The goals and services to be provided or arranged by the ILPP, including a plan for supervisory contact between the adolescent and the licensed child welfare agency staff;
(3) The financial support needed and how it will be provided to cover the adolescent's basic medical, educational, shelter, nutritional, clothing, and recreational needs. The financial support may be provided directly by the ILPP; the placement agency; a parent, guardian, or custodian; the adolescent, through earnings from employment, financial aid, scholarships, grants, loans, or work-study; or any combination of these financial sources; and
(4) The projected length of stay and conditions under which the adolescent may be discharged.
Each individual involved in developing the case plan shall sign the plan. The ILPP shall review and evaluate the adolescent's case plan at least once every three months. The updated plan must include the progress made toward achieving the goals established in the previous plan and any amendments made to the plan. The ILPP shall submit to the placement agency at three-month intervals a report on the adolescent's progress. The case plan and progress reports must be maintained as part of the adolescent's record.
Source: 20 SDR 196, effective May 29, 1994; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-14, 26-6-16.
Law Implemented: SDCL 26-6-14, 26-6-16.
67:42:13:04. Assessment. Before an adolescent is placed into an independent living preparation program, the placement agency or the ILPP must prepare an assessment of the adolescent's life skills. The assessment must identify any potential area of risk to the adolescent and must cover at least the following areas:
(1) Money management and consumer awareness;
(2) Food management;
(3) Personal appearance;
(4) Health;
(5) Housekeeping;
(6) Transportation;
(7) Educational planning;
(8) Job seeking skills;
(9) Job maintenance skills;
(10) Emergency and safety skills;
(11) Knowledge of community resources;
(12) Interpersonal skills;
(13) Legal skills;
(14) Leisure activities; and
(15) Housing.
Source: 20 SDR 196, effective May 29, 1994.
67:42:13:05. Written policy requirements -- Program components. The ILPP must have written policies which address the following areas:
(1) The criteria used to select adolescents for the independent living preparation program;
(2) The approach used to assess the appropriateness of the independent living placement;
(3) The nature and frequency of supervision provided to an adolescent in the program;
(4) The services available for an adolescent in the program;
(5) An explanation of any living environments provided by the ILPP; and
(6) A description of the crisis response system ensuring that an adolescent has 24-hour access to personnel from the ILPP.
Source: 20 SDR 196, effective May 29, 1994.
67:42:13:06. Supervision requirements. The ILPP must provide supervision for each adolescent. Documentation of supervisory contact must be maintained in each adolescent's case file. At least once every two weeks, the adolescent's supervisor from the ILPP must meet with the adolescent in care. At least once a month, the meeting must take place in the adolescent's residence or living environment. As a result of the meeting, the supervisor must document at least the following:
(1) That there is no reasonable cause to believe that the adolescent's residence or life style presents a risk to the adolescent's health or safety;
(2) That the adolescent is receiving necessary medical care; and
(3) The current treatment program plan provides appropriate and sufficient services for the adolescent.
The ILPP must have additional staff available to serve an adolescent in care during emergencies, vacations, illness of the regular staff, and when the regular staff is off duty.
The department may require more supervisory contact if on-site visits indicate a need for more supervision to maintain control and discipline.
Source: 20 SDR 196, effective May 29, 1994.
67:42:13:07. Requirements for off-site living arrangements. No more than four adolescents may be placed together in a living unit unless the living unit is located within a licensed group care center for minors or in a licensed residential treatment center. The placement of adolescents together may not constitute a risk to the health and safety of any of the adolescents. The licensed ILPP shall ensure that adolescents have the necessary household utensils, bedding, bathroom supplies, and cleaning supplies needed to maintain an independent living arrangement. If the living arrangement for an adolescent in an ILPP is a site other than in a licensed group care center for minors or a licensed residential treatment center, the following additional requirements must be met:
(1) The living arrangement must meet local zoning ordinances;
(2) No firearm or other projectile weapons may be kept on site;
(3) The living arrangement must be equipped with a smoke detector on each level of the building. Audible alarm devices must be designed and distributed so as to be effectively heard above the maximum noise level obtained under normal conditions of occupancy;
(4) The water supply must be derived from a public water system and must be safe for household use. The volume of water must be sufficient to meet the needs of the residents. The hot water supply system must be large enough to meet the peak hot water demands of the residents. Hot water from plumbing fixtures may not exceed 120 degrees Fahrenheit;
(5) The living arrangement must have a working heating system. Unvented fuel-fired room heaters may not be used unless the heater is approved by Underwriters Laboratories;
(6) The living unit must be kept clean, neat, and free of litter and rubbish. Garbage and refuse must be kept in durable, easily cleanable containers that do not leak and do not absorb liquids. Garbage and refuse must be disposed of often enough to prevent the development of odor and the attraction of insects and rodents;
(7) The facility must have operating hand washing, bathing, and toilet facilities located in the living facility; and
(8) The living facility must have an operating B-C portable chemical fire extinguisher in the cooking area.
Source: 20 SDR 196, effective May 29, 1994; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-14, 26-6-16.
Law Implemented: SDCL 26-6-14, 26-6-16.
67:42:13:08. Emergency procedures. Within one week after placement of an adolescent into the independent living preparation program, the ILPP must instruct the adolescent in the proper procedures to be followed in case of an emergency. Evidence that the adolescent has been instructed must be maintained in the adolescent's file. Training must include the following:
(1) The use of emergency equipment such as fire extinguishers and smoke detectors;
(2) Evacuation from the living facility;
(3) Procedure for contacting police, fire, and other emergency personnel;
(4) Fire and accident prevention; and
(5) Proper responses to natural disasters and to tornado and fire warnings.
Source: 20 SDR 196, effective May 29, 1994.
