A family residing in South Dakota may be eligible for respite care if the family has a child or adult family member who lives with a parent or other family member on a full-time basis and one of the following apply to the child or adult family member:

1. (1) Is a child or an adult and has a developmental disability as defined in SDCL 27B-1-18;
2. (2) Is three years of age or younger and has a developmental delay;
3. (3) Is a child and has a serious emotional disturbance as defined in SDCL 27A-15-1.1;
4. (4) Is an adult and has a severe and persistent mental illness as defined in subdivision 46:20:18:01(22);
5. (5) Is a child and has a chronic medical condition;
6. (6) Is a child and a member of a post-adoptive family; or

7. (7) Is a child or an adult and has a traumatic brain injury.

   An adult or child eligible for family support waiver services is not eligible for services under this chapter.

Source: 40 SDR 102, effective December 3, 2013.

General Authority: SDCL 27B-2-26(6).

Law Implemented: SDCL 27B-2-26(6).