Family Support Grievance Process

If families have questions, comments, or concerns about services they are receiving, they are encouraged to contact their Family Support Coordinator but can also contact the Division of Developmental Disabilities, c/o 500 E. Capitol, Pierre, SD 57501. Toll Free- 1-800-265-9684, or (605) 773-3438.

46:10:05:16. Appeal of ineligibility or termination.
A consumer, a consumer's parent if the consumer is under 18 years of age, or a consumer's guardian may appeal the family support program's decision regarding ineligibility or termination of services to the division. An appeal shall be made in writing to the division within 30 days of receipt of the notice regarding termination or ineligibility. The division shall provide a determination within 30 days of receipt of the request for appeal. A consumer, a consumer's parent if the consumer is under 18 years of age, or a consumer's guardian dissatisfied with the division's determination regarding eligibility or termination of services may request a fair hearing by notifying the DHS in writing within 30 days of receipt of the division's decision. When a termination is being appealed, the consumer shall continue receiving services until a decision is reached after a hearing pursuant to SDCL chapter 1-26.

Source: 27 SDR 63, effective December 31, 2000.

General Authority: SDCL 27B-2-25, 27B-2-26(7).

Law Implemented: SDCL 27B-2-25, 27B-2-26(7).



46:10:05:17. Time and place of hearing -- Time extension.

A fair hearing by an impartial hearing officer shall be held within 90 days after receipt for a request by the appellant. The impartial hearing officer shall set a time and place for the hearing to be held at the earliest reasonable time. Time extensions may be provided by the impartial hearing officer or at the request of any of the parties involved and upon agreement of both parties to a specific extension of time.

Source: 27 SDR 63, effective December 31, 2000.

General Authority: SDCL 27B-2-25.

Law Implemented: SDCL 27B-2-25.