An applicant for aid to families with dependent children (AFDC) foster care funds shall meet the following criteria:

1. (1) The child must have been removed from the home of the child's parent, parents, or specified relative, as provided in § 67:12:01:27, as a result of court action that determined that being in the home was contrary to the child's welfare. This subdivision applies only if the removed child:

   1. (a) Lived with a specified relative and was a recipient of AFDC benefits during the month the court action was initiated, or would have been eligible to receive AFDC benefits had an application been made; or
   2. (b) Did not live with a specified relative during the month the court action was initiated, but lived with a specified relative as defined in § 67:12:01:27 at any time within six months prior to the month the court action was initiated. If the specified relative requirement is met, the child must also meet all other eligibility requirements that would have been required during the month of initial court action;
2. (2) The court has placed the care of the child under the charge of the department or any public agency with which the department has an effective contract; and
3. (3) All other eligibility requirements pursuant to chapters 67:12:01, 67:12:04, and 67:12:05 related to need, deprivation, age, work incentive status, residency, submission of social security number, and notification and referral to the Office of Child Support Enforcement must be met.

Source: 2 SDR 74, effective May 13, 1976; 4 SDR 10, effective August 28, 1977; 4 SDR 60, effective March 26, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981 ; 52 SDR 55, effective December 2, 2025 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6-1 .

Prior versions effective: 1981-07-01.