T he department may dispense with timely notice and send an adequate notice as provided in § 67:12:02:02 no later than the date when the recipient would normally receive an assistance payments check or, in the case of a m edicaid recipient, the date the intended action would be effective , if :

1. (1) The department has factual information confirming the death of the recipient or of the aid to families with dependent children (AFDC) payee when there is no relative available to serve as new payee;

2. (2) The department receives a clear, written statement signed by the recipient that:

   1. (a) The recipient no longer wishes assistance; or
   2. (b) Provides information that requires termination or reduction of assistance, and indicates the recipient has knowledge of the consequence of supplying the information;
3. (3) The recipient has been admitted or committed to an institution and further payments to the recipient do not qualify for federal financial participation under the state plan;
4. (4) The recipient has been placed in skilled nursing care, intermediate care, or long-term hospitalization;
5. (5) The claimant's whereabouts are unknown and mail from the department to the claimant has been returned by the post office indicating no known forwarding address. The department must mail the claimant's check to the claimant if the whereabouts of the claimant become known during the payment period covered by a returned check;
6. (6) A recipient has been accepted for assistance in another state and that fact is established by the department;
7. (7) An AFDC child is removed from the home as a result of a judicial determination or is voluntarily placed in an alternative care setting by the child's legal guardian; or
8. (8) The department takes action because of information the recipient furnished in a monthly report or because the recipient failed to submit a complete or timely monthly report as required by § 67:12:06:34.

Source: SL 1975, ch 16, § 1; 1 SDR 53, effective January 22, 1975; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 174, effective June 28, 1982 ; 52 SDR 55, effective December 2, 2025 .

General Authority: SDCL 28-6-1 .

Law Implemented: SDCL 28-6-1 .

Prior versions effective: 1982-06-28.