There shall be a specific degree of relationship between a child and a parent or relative in order to be eligible for assistance. This does not include emergency protective or foster care payees. Acceptable degrees of relationship are as follows:

1. (1) Father, mother, brother, sister, uncle, aunt, first cousin, nephew, or niece, including those of half-blood; relatives of the preceding generation denoted by the prefixes of grand, great, or great-great; first cousin once removed; and great-great-great grandparent;
2. (2) Stepfather, stepmother, stepbrother, or stepsister;
3. (3) A person who achieves the degree of relationship specified in subdivisions (1) or (2) by the process of legal adoption; and
4. (4) Spouses of any of the relatives specified in subdivisions (1), (2) or (3), even though the marriage is terminated by death or divorce.

Source: SL 1975, ch 16, § 1; 5 SDR 48, effective December 19, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 58, effective November 29, 1981; 19 SDR 68, effective November 9, 1992 ; 51 SDR 52, effective November 11, 2024 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6 -1 .

Prior versions effective: 1992-11-09.