As used in this chapter:

1. (1) "Adult exercising parental control" means an individual who:

   1. (a) Is 18 years of age or older;
   2. (b) Is neither the child's parent nor guardian;
   3. (c) Does not reside with the child's parent or guardian; and
   4. (d) Has permission from the child's parent or guardian to exercise parental control of the child;
2. (2) "Child care certificate" means a certificate issued by the Department of Social Services to a recipient who uses the certificate as payment for child care services;

3. (3) "Child with special needs" means a child who is:

   1. (a) Less than 18 years of age or less than 19 years of age if enrolled as a full-time student in a secondary school, and physically or mentally incapable of self-care; or
   2. (b) A child who is under court supervision;

4. (4) "Household" means:

   1. (a) The parent or legal guardian, the child for whom child care services are being requested or provided, and other individuals less than 18 years of age for whom the parent or guardian is the adult exercising parental control and who are residing in the home; and
   2. (b) If a child is placed with a guardian but the state maintains custody, the child and any of the child's siblings who are placed with the same guardian;

5. (5) "Informal provider" means an individual who:

   1. (a) Is a friend of the family that is requesting child care assistance;
   2. (b) Does not live with the recipient;
   3. (c) Is 18 years of age or older; and
   4. (d) Provides care only for that recipient's child;
6. (6) "In-home provider" means an individual who provides child care services in the recipient's home;

7. (7) "Protective services" means:

   1. (a) Services that are provided under a court order and which enable a child, who is alleged or adjudicated to be abused or neglected, to remain in the recipient's home or in the home of another relative, a foster parent, or other suitable person, under the supervision and assistance of the court, the Department of Social Services, or another agency designated by the court; or
   2. (b) Temporary services provided, as approved or recommended by the Department of Social Services, without an order of the court;
8. (8) "Recipient" means an individual receiving child care benefits; and

9. (9) "Relative provider" means an individual who is:

   1. (a) 18 years of age or older;
   2. (b) An aunt, uncle, grandparent, or great-grandparent of the child for whom child care assistance is being requested, or a person who is a sibling of the child for whom child care assistance is being requested and lives in a separate residence; and
   3. (c) The child care provider for that child.

Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 21 SDR 86, effective November 6, 1994; 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 27 SDR 43, effective October 26, 2000; 37 SDR 236, effective June 28, 2011; 40 SDR 229, effective June 30, 2014 ; 49 SDR 21, effective September 12, 2022 .

General Authority: SDCL 28-1-61 (11).

Law Implemented: SDCL 28-1-60 .

Prior versions effective: 2014-06-30, 2011-06-28.