Shelter services may be provided in a structure owned or operated by the program; in public accommodations paid for by the program, such as hotels and motels; or in private homes supervised by the program. A program using a hotel or motel facility or a private home as a shelter must have an agreement with the facility that provides for the safety and confidentiality of clients. Additionally, a program using a private home as a shelter must ensure:

1. (1) No individual living in the household has had a conviction for a crime that would indicate harmful behavior towards children, a crime of violence as defined by SDCL 22-1-2, a sex crime pursuant to SDCL chapters 22-22 or 22-24A or SDCL 22-22A-3, or within the preceding five years, a conviction for any other felony; and

2. (2) The program has submitted proof of liability insurance covering the home.

   Each program shall establish a policy defining eligibility standards and shall provide services to eligible individuals in all available settings within the program's service area. A program may not impose income standards or mandate participation in a program service as a condition of eligibility.

Source: 16 SDR 129, effective February 6, 1990; 19 SDR 168, effective May 9, 1993; transferred from § 1:10:01:03 by SL 1994, ch 212, § 2, effective July 1, 1994; 38 SDR 105, effective December 12, 2011.

General Authority: SDCL 25-10-30.

Law Implemented: SDCL 25-10-28.