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4. Any individual specified in (1), (2) or (3) who have a step relationship with the child even though the marriage is terminated by death or divorce.

Needy families are defined as those families whose income and resources are within limits according to Administrative Rules of South Dakota (ARSD) CHAPTER 67:10:03 - INCOME REQUIREMENTS, including 10:03:03 "Income Exempt from Consideration"; 10:03:04 "Deductions from Income"; 10:03:05 "Standard Earned Income Deduction" (The standard earned income deduction is $90 plus 20 percent of the individual's remaining gross earned income.) and CHAPTER 67:10:04-RESOURCE REQUIREMENTS.

The State uses commingled funds for all activities. The same financial eligibility criteria apply with respect to all benefits and services. These limits are set by the State legislature or the Secretary of the Department of Social Services via Administrative Rule making authority granted under South Dakota State law.

All families, in State operated TANF areas, have access to the same program and services. In addition, this same program is offered to families who have moved from another state (402(a)(I)(B)(i)). Eligible citizens and eligible qualified aliens are also treated the same. South Dakota does not provide assistance to individuals who are not citizens of the United States unless they meet the criteria set by federal law for qualified aliens. The State provides federally funded TANF assistance to qualified aliens to the maximum extent allowable under federal law. South Dakota Administrative Rules chapter 67:10:01 "General Provisions” addresses citizenship and alienage, and assistance for qualified aliens. Provisions of Public Law 104-193 section 402(b)(2) (110 Stat.2264) are followed as are the changes required by the Deficit Reduction Act of 2005 (DRA) P.L. 109-171. Likewise, the provisions in P.L. 106-386 Division A, 114 Stat. 1464 are followed regarding victims of trafficking. South Dakota does not provide any State funded assistance for individuals who are barred for their first five years.

Effective July 2, 2020, South Dakota has exercised its option that Section 115(d)(1)(A) of P.L. 104-193 shall not apply to persons with a felony conviction which has an element of the possession, use, or distribution of a controlled substance.

CONFIDENTIALITY AND SAFEGUARDING INFORMATION

The privacy and confidentiality of families is protected by South Dakota Codified Law - SDCL 28- 1-29, which states, "Any application and record concerning any applicant for, or recipient of, public assistance provided under the laws of this state through the Department of Social Services is confidential except: 1) For inspection by persons duly authorized by this state or the United States in connection with the person's official duties. 2) For the purpose of fair hearings as provided by law."