Definition of "physical or mental incapacity."
Effective Nov 11, 202451 SDR 52Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 7 SDR 66, 7 SDR 89, effective July 1, 1981 ; 51 SDR 52, effective November 11, 2024 . | General Authority: SDCL 28- 6-1 . | Law Implemented: SDCL 28- 6 -1 .
"Physical or mental incapacity" of a parent exists when one parent has a physical or mental defect, illness, or impairment. The incapacity must be:
- (1) Supported by competent medical testimony;
- (2) So debilitating as to reduce substantially or eliminate the parent's ability to support or care for the otherwise eligible child; and
- (3) Expected to last for a period of at least thirty days.
Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 7 SDR 66, 7 SDR 89, effective July 1, 1981 ; 51 SDR 52, effective November 11, 2024 .
General Authority: SDCL 28- 6-1 .
Law Implemented: SDCL 28- 6 -1 .
Prior versions effective: 1981-07-01.