67:47:01:29.  Department to maintain waiting list. If the Department of Social Services does not have sufficient funding to add to the program an applicant who is eligible for child care assistance, the department shall place the eligible applicant on a waiting list. If a waiting list is developed, the department shall assign a level of priority.

    The first level of priority consists of:

    (1)  A recipient of temporary assistance to needy families;

    (2)  An applicant with children who have special needs;

    (3)  An applicant who meets the definition of homeless; and

    (4)  An applicant with children who will be receiving or need to receive protective services.

    The second level of priority consists of applicants whose monthly gross income remains below 209 percent of the federal poverty level.

    In the first level of priority, eligibility is prioritized by the date the completed application is received.

    In the second level of priority, eligibility is prioritized by income, in ascending order from the lowest to the highest of the federal poverty level, and by the date of application.

    A change in an applicant's circumstances may warrant a change in an applicant's level of priority on the waiting list. If an applicant on the waiting list no longer meets the eligibility requirements, the applicant must be removed from the waiting list.

    Source: 37 SDR 236, effective June 28, 2011; 44 SDR 42, effective September 11, 2017; 45 SDR 159, effective July 1, 2019; 49 SDR 21, effective September 12, 2022.

    General Authority: SDCL 28-1-61(1)(11).

    Law Implemented: SDCL 28-1-60.