South Dakota § 28-8-25 - Powers of department in implementation of program.

§ 28-8-25. Powers of department in implementation of program.

In addition to any other rights, duties, powers, privileges, and responsibilities of the Department of Social Services or any division thereof, the department, through the secretary, may:

(1)    Prepare and submit for approval of the secretary of the United States Department of Health and Human Services, a comprehensive service program plan or plans as the agency of this state under the provisions of Title XX of the federal Social Security Act;

(2)    Serve as the agency within this state which will administer or supervise the administration of the program for the provision of the services authorized under Title XX;

(3)    Comply with the provisions of Title XX and any rules and regulations promulgated pursuant thereto by the federal government for the purposes of qualifying for federal funds and making such reports concerning the use of federal social service funds as may be required by regulation;

(4)    Designate the state's service program year as the fiscal year of either the federal government or state government;

(5)    Accept and use donated private funds as long as such funds are transferred to the department, are under the department's exclusive administrative control, are donated without restriction as to use, other than restrictions by a donor who is not a sponsor or operator of a service program or services to which such funds are restricted, other than restriction as to the geographic area to which the funds are to be used, or other than restrictions which will cause such funds to revert to the donor's facility or use except when the donor's facility is a nonprofit organization;

(6)    Impose a service fee as a precondition to provision of any service specified by the department.

Source: SL 1975, ch 188, § 3; SL 1980, ch 201, § 2; SL 2004, ch 167, § 60.