Public Hearings & Legal Notices

Notice of Public Hearing to Adopt Rules

A public hearing will be held in the Department of Social Services Building, Linden Conference Room C207, 1501 S Highline Ave, Sioux Falls, SD 57110, on Friday, May 16, 2025, at 11:00 a.m. Central Time, to consider the adoption and amendment of proposed Administrative Rules of South Dakota numbered

§§ 67:46:04:13, 67:46:05:15, and 67:46:07:12 for Economic Assistance; and
§ 67:14:32:32 for Child Protection Services.

The effect of the EA rules will be to update federal medical services eligibility standards that are reflected in rule. The effect of the CPS rule will be to repeal the private adoption home study reimbursement rate in administrative rule pursuant to HB 1005 passed by the 2025 Legislature.

The reason for adopting the proposed EA rules is to reflect applicable annual federal medical services eligibility standards. The reason for adopting the proposed CPS rule is to incorporate HB 1005 which establishes the private adoption home study reimbursement rate in statute and repeals the applicable rule drafting authority. Starting July 1, 2025, the private adoption home study reimbursement rate will be $1,500 per study and will be found in SDCL 25-6-9.1.

Persons interested in presenting amendments, data, opinions, and arguments for or against the proposed rules may:

1. Appear in-person at the hearing;
2. May attend telephonically by calling 1-605-679-7263 and using conference code 447 156 796#;
3. Mail them to Teresa Schulte, Administrative Rules C0202, Department of Social Services, 1501 S Highline Ave, Sioux Falls, SD 57110; or
4. Email them to DSSAdminRules@state.sd.us.

The deadline to submit any such written comments for consideration by the Department of Social Services is May 26, 2025, ten days after the date of the public hearing.

After the written comment period, the Department of Social Services will consider all written and oral comments it receives on the proposed rules. The Department of Social Services may modify or amend a proposed rule at that time to include or exclude matters that are described in this notice.

For Persons with Disabilities: This hearing will be located at a physically accessible place. Please contact the Department of Social Services at least 48 hours before the public hearing if you have special needs for which special arrangements can be made by calling (605) 674-5771.

Copies of the proposed rules may be obtained without charge from:

1. Contacting Teresa Schulte at Administrative Rules C0202, Department of Social Services, 1501 S Highline Ave, Sioux Falls, SD 57110;
2. Visiting http://rules.sd.gov; or
3. Emailing a request to: DSSAdminRules@state.sd.us.

PUBLIC NOTICE
South Dakota Medicaid Program

Notice is hereby given that the South Dakota Department of Social Services intends to hold the annual public forum regarding the Former Foster Care Youth Demonstration as required by 42 CFR 431.420. The demonstration was approved by the Center for Medicare & Medicaid Services (“CMS”) on May 1, 2018 and reapproved October 30, 2023, granting the state a five-year extension. The demonstration provides the State the authority to continue Medicaid coverage for individuals who were in foster care under the responsibility of another state, were enrolled in Medicaid in that state, and now reside in South Dakota. As of February 1, 2025, three individuals were covered under the demonstration.

To be eligible for Medicaid coverage under the demonstration an individual must meet the following criteria:

• Be a citizen of the United States, or have a non-citizen status that qualifies for federally funded Medicaid;
• Be a South Dakota resident;
• Are under the age of 26;
• Are not otherwise mandatorily eligible for coverage under the state plan;
• Were in foster care under the responsibility of another state or tribe on the date of attaining 18 years of age (or such higher age as the state has elected for termination of federal foster care assistance under title IV-E of the Act);
• Were enrolled in Medicaid on the date of aging out; and
• Are now applying for Medicaid in South Dakota.

The forum provides the public an opportunity to provide feedback on the progress of the demonstration project. The forum will be held at the following time and location:

May 16, 2025
11:00 PM CST
Kneip Building
Kneip 1 Conference Room
700 Governors Drive
Pierre, SD 57501-2291

Attendees may also join via Zoom: https://state-sd.zoom.us/j/91833858046
Meeting ID: 918 3385 8046

A copy of the demonstration is available on the Department’s website at https://dss.sd.gov/medicaid/1115waiver.aspx.

Notice of Public Hearing to Adopt Rules

A public hearing will be held in the Department of Social Services Building, Linden Conference Room C207, 1501 S Highline Ave, Sioux Falls, SD 57110, on Friday, June 20, 2025, at 11:00 a.m. Central Time, to consider the adoption and amendment of proposed Administrative Rules of South Dakota numbered

§§ 67:10:05:03 to 67:10:05:06, inclusive.

The effect of the rules will be to reduce the TANF payment standard amounts by 10% and to combine the eligibility categories from three to two.

The reason for adopting the proposed rules is to align the TANF expenditures with the budget appropriation of the 2025 Legislative Session and to update the rules to reflect the eligibility category of an assistance unit to reflect if it includes a parent or not. Whether a child is placed by the agency or not will no longer be separate categories. This change also aligns with our Kinship licensing rules.

Persons interested in presenting amendments, data, opinions, and arguments for or against the proposed rules may:

1. Appear in-person at the hearing;
2. May attend telephonically by calling 1-605-679-7263 and using conference code 183 579 146 #;
3. Mail them to Teresa Schulte, Administrative Rules C219, Department of Social Services, 1501 S Highline Ave, Sioux Falls, SD 57110; or
4. Email them to DSSAdminRules@state.sd.us.

The deadline to submit any such written comments for consideration by the Department of Social Services is June 30, 2025, ten days after the date of the public hearing.

After the written comment period, the Department of Social Services will consider all written and oral comments it receives on the proposed rules. The Department of Social Services may modify or amend a proposed rule at that time to include or exclude matters that are described in this notice.

For Persons with Disabilities: This hearing will be located at a physically accessible place. Please contact the Department of Social Services at least 48 hours before the public hearing if you have special needs for which special arrangements can be made by calling (605) 674-5771.

Copies of the proposed rules may be obtained without charge from:

1. Contacting Teresa Schulte at Administrative Rules C219, Department of Social Services, 1501 S Highline Ave, Sioux Falls, SD 57110;
2. Visiting http://rules.sd.gov; or
3. Emailing a request to: DSSAdminRules@state.sd.us.