The department shall determine a recipient's eligibility for child care assistance and the amount of the recipient's copayment once every twelve months. If during the twelve-month period one of the following situations occurs, the department shall reevaluate program eligibility:

1. (1) The recipient's child has unexplained absences from the child care program in excess of ten consecutive days;
2. (2) The recipient has moved out of the state of South Dakota;
3. (3) There has been a substantiated fraud or intentional program violation that invalidates the recipient's prior eligibility determination; or

4. (4) The recipient's household income has increased and now exceeds 85 percent of the state median income.

   A household that reapplies for child care assistance within 30 days immediately following a month of eligibility and whose income now exceeds 209 percent of the federal poverty level may receive up to an additional twelve months of child care assistance.

   Cross-References:

   Recovery of overpayments, § 67:47:01:22.

   Department to investigate report -- Notice of action -- Review -- Final determination, § 67:47:01:25.

Source: 18 SDR 112, effective January 9, 1992; 19 SDR 102, effective January 18, 1993; 27 SDR 43, effective October 26, 2000; 28 SDR 111, effective February 20, 2002; 37 SDR 236, effective June 28, 2011 ; 43 SDR 31, effective September 12, 2016 ; 45 SDR 82, effective December 10, 2018; 45 SDR 159, effective July 1, 2019.

General Authority: SDCL 28-1-61 (1)(2)(11) .

Law Implemented: SDCL 28-1-60.

Prior versions effective: 2018-12-10, 2016-09-12, 2011-06-28.