An individual, an individual's parent if the individual is under 18years of age, or an individual's guardian, if any, may appeal to the division the decision by the strengthening families program manager regarding ineligibility for services.

An appeal must be made in writing to the division within 30 calendar days of receipt of the notice regarding ineligibility. The division shall provide a determination within 30 calendar days after receiving a request for appeal.

An individual, an individual's parent if the individual is under 18 years of age, or an individual's guardian, if any, who is dissatisfied with the division's determination regarding ineligibility for services may appeal the division's decision.

An appeal must be made in writing to the department secretary within 30 calendar days of receipt of the notice regarding ineligibility. The department secretary shall provide a determination within 30 calendar days after receiving a request for appeal.

An individual, an individual's parent if the individual is under 18 years of age, or an individual's guardian, if any, who is dissatisfied with the department secretary's determination regarding ineligibility for services may request a fair hearing by notifying the department in writing within 30 calendar days of receipt of the department's decision. A fair hearing must be conducted pursuant to the provisions of SDCL chapter 1-26.

The department may not pay for legal fees for representing the individual, the individual's parent, or guardian at a fair hearing pursuant to this section.

Source: 40 SDR 102, effective December 3, 2013; 46 SDR 66, effective November 27, 2019.

General Authority: SDCL 27B-2-25 , 27B-2-26(7).

Law Implemented: SDCL 27B-2-25 , 27B-2-26(4)(7).

Prior versions effective: 2013-12-03.