The department shall determine that emotional harm exists if the individual can demonstrate that an emotional impairment substantially affects the individual's ability to function. The department considers the following when determining that emotional harm exists:

1. (1) The present emotional state of the applicant or recipient subject to harm;
2. (2) The emotional health history of the applicant or recipient subject to harm;
3. (3) The intensity and probable duration of emotional impairment;
4. (4) The degree of cooperation required as set forth in § 67:10:01:25; and
5. (5) The degree of involvement of the applicant or recipient in establishing paternity or enforcement activity.

Source: 24 SDR 24, effective August 31, 1997.

General Authority: SDCL 28-7A-3(1)(4).

Law Implemented: SDCL 28-7A-3(1)(4).