South Dakota Child Support and Kinship Care

TANF Triggers a Child Support Referral

When a grandparent or relative in South Dakota applies for a TANF child-only grant, the application automatically connects the family with the Division of Child Support (DCS). Complete Form DSS-EA-231, the Child Support Referral, separately for each parent not living with each child for whom you request assistance.

This is not optional. Federal and state law require TANF applicants to cooperate with DCS in establishing paternity (if not already established) and pursuing financial support from the biological parents. The child support rights for the period of TANF receipt are assigned to the state.

Many kinship caregivers are surprised by this. They applied for cash help for the child, and suddenly the state is pursuing the child's parent for money. Understanding how this works — and when you can opt out — prevents a nasty surprise.

What Cooperation Means

Cooperation with DCS means:

• Providing any information you have about the absent parent's identity, location, and employment
• Appearing for court hearings or administrative proceedings related to the child support case
• Not interfering with DCS efforts to collect support

You do not need to track down the parent yourself. DCS has its own tools for locating absent parents, establishing paternity through genetic testing, and obtaining court orders for support.

The Good Cause Exemption

If pursuing child support would put you or the child at risk, you can file a Good Cause Exemption. This applies when:

• Pursuing support could result in serious physical or emotional harm to the child or caregiver
• The child was conceived as a result of incest or forcible rape
• Adoption proceedings are pending

Good-cause claims require evidence. The department may accept court, medical, law-enforcement, or child-protection records, as well as written statements from people with knowledge of the circumstances. Submit the evidence to your DSS Economic Assistance caseworker.

If good cause is approved, DCS cannot require your cooperation. DSS may allow DCS to proceed without you if enforcement can continue without your participation; your TANF assistance is not reduced for refusing to cooperate when good cause is approved.

Child Support and Non-TANF Families

If you receive SNAP, Medicaid, or Child Care Assistance, DCS services and cooperation are also part of those programs. If you receive no public assistance, you may apply for DCS services voluntarily.

If the biological parent owes child support, DCS can help establish or modify a support order and enforce collection. For a family that has never received assistance, DCS distributes collections to the family.

In proceedings under SDCL 26-7A or related child-protection chapters, a court may order a parent who is legally obligated and able to contribute to pay support to an appointed guardian.

What Happens to Collected Support

While a family receives TANF, DCS retains assigned support up to the amount of unreimbursed assistance paid to the family; any remaining amount is distributed to the family.

After assistance ends, DCS distributes current support and arrears from non-assistance months to the family first. The state may retain assigned arrears up to the cumulative amount of unreimbursed assistance, and any remaining collection goes to the family.

The South Dakota Financial Help Guide explains the child support cooperation requirement alongside the TANF application process, with the Good Cause Exemption form and documentation checklist included.

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