The department may make a finding of good cause based on emotional harm upon a demonstration of emotional impairment that substantially affects the applicant's or recipient's functioning. The following must be considered in determining emotional harm:

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 in § 67:12:01:66; and
5. (5) The degree of involvement of the applicant or recipient in establishing paternity or enforcement activity.

Source: 5 SDR 48, effective December 19, 1978; 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.