South Dakota Administrative Rules Title 46 - Department of Human Services
📌 Overview of Title 46 – Department of Human Services
Title 46 of the South Dakota Administrative Rules (ARSD) contains the administrative regulations for the Department of Human Services (DHS). These rules are legally binding and are promulgated under South Dakota law, particularly the Administrative Procedures Act (SDCL Chapter 1‑26).
The rules define:
Eligibility for services
Procedures for providing services
Responsibilities of providers
Appeal and hearing processes
The rules apply to programs administered by DHS, including services for individuals with developmental disabilities, mental health issues, substance use disorders, and long-term care needs.
🧱 Structure of Title 46
Title 46 is organized by topic or program area. Key sections include:
Community Services – General programs for eligible participants.
Alcohol and Drug Abuse Services – Standards for treatment and rehabilitation.
Developmental Disabilities (Article 46:11) – Detailed rules on service delivery, individual service plans, human rights, and provider standards.
Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/MR) – Requirements for facility licensing and care standards.
Mental Health Services – Rules for treatment, crisis response, and case management.
Rehabilitation Services – Services for vocational and independent living support.
Long-Term Services and Supports – Home and community-based care standards.
Some chapters are repealed or reserved, but major rules like Article 46:11 on developmental disabilities are active and frequently applied.
🔹 Key Components of Article 46:11 – Developmental Disabilities
1. Definitions
Terms such as participant, provider, service, managing employer are defined to clarify eligibility, responsibilities, and the scope of services.
2. Service Delivery Standards
The rules set standards for:
Creating and maintaining Individual Service Plans (ISP)
Behavioral support and intervention plans
Human rights protections for participants
Quality assurance for providers
These rules ensure services are consistent, safe, and tailored to participant needs.
3. Appeals and Hearings
Rules provide a structured process for disputes:
Internal appeal to the Division within 30 days of notice of a decision (e.g., denial of services).
Appeal to DHS Secretary if the internal appeal fails.
Request for a fair hearing before an Administrative Law Judge, as provided under SDCL Chapter 1‑26.
Participants or guardians can challenge decisions about eligibility, service provision, or provider compliance.
⚖️ Legal Authority
Title 46 rules are legally binding once adopted under SDCL Chapter 1‑26.
DHS must act within the authority granted by statute; rules exceeding statutory authority can be invalidated.
Providers are bound to follow the rules; failure to comply may result in sanctions or loss of funding.
📚 Case Law Principles
Although there are limited published South Dakota appellate cases directly interpreting Title 46, courts apply general administrative law principles:
1. Due Process
Individuals have a right to notice and an opportunity to be heard before DHS deprives them of services.
Courts will review whether DHS followed its own rules and the procedural safeguards in SDCL Chapter 1‑26.
2. Agency Deference
Courts may defer to DHS’s reasonable interpretation of its rules if the rules are ambiguous, as long as the interpretation aligns with statutory intent.
3. Scope of Authority
Rules must be consistent with legislative authority.
If a rule exceeds the scope granted by statute, courts can invalidate it.
Example: If DHS adopts a rule imposing service requirements not authorized by statute, a participant could challenge it in court, and a judge would examine legislative intent and statutory language.
🧠 Summary
Title 46 – DHS Administrative Rules:
Regulate eligibility, service standards, and provider responsibilities.
Include structured appeal and hearing procedures for participants.
Carry the force of law when properly adopted.
Are reviewed by courts under principles of due process, statutory authority, and reasonableness.
Takeaway: These rules are the operational backbone for how human services are delivered in South Dakota. They are enforceable, protective of participant rights, and subject to judicial oversight to ensure the Department acts within its legal authority.
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