Unless specifically ineligible under this article for a reason other than not being needy, the following individuals must be included in the assistance unit if they live in the same household as the dependent child for whom assistance is being requested or for whom assistance is being received:

1. (1) The dependent child's brothers and sisters, including blood-related or adoptive brothers and sisters who meet the definition of a dependent child;
2. (2) The parent of the dependent child; and

3. (3) Except for an Indian stepparent in Indian country who is under the exclusive jurisdiction of a tribe for purposes of determining the domestic relations rights of the family, the dependent child's stepparent.

   1. (a) An Indian stepparent in Indian country who is under the exclusive jurisdiction of a tribe for purposes of determining the domestic relations rights of the family; or
   2. (b) A child in foster care who meets the specified degree of relationship to be included in the assistance unit.

   The following individuals have the option to be included in the assistance unit if they live in the same household as the dependent child for whom assistance is being requested or for whom assistance is being received:

Source: 24 SDR 24, effective August 31, 1997 ; 43 SDR 31, effective September 12, 2016 .

General Authority: SDCL 28-7A-3(1).

Law Implemented: SDCL 28-7A-3(1).

Prior versions effective: 1997-08-31.