In addition to meeting the eligibility criteria under this article, a person must be a resident of the United States and either a citizen or national or an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law.

Aliens granted lawful temporary resident status are ineligible for Aid to Families With Dependent Children (AFDC) for a period of five years from the effective date of the status. This period of ineligibility continues throughout the five-year period even if the temporary status changes to permanent status.

Effective October 1, 1988, as a condition of eligibility for AFDC, an individual must declare in writing whether the individual is a citizen or national of the United States. If the individual is not a citizen or national of the United States, the individual must declare in writing whether the individual is in satisfactory immigration status and provide the department with documents that confirm the immigration status.

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 95, effective February 18, 1982; 15 SDR 67, effective November 6, 1988 ; 51 SDR 52, effective November 11, 2024 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6-1 .

Prior versions effective: 1988-11-06.