CHAPTER 118

(SB 161)

Financial support, family members responsibility.

         ENTITLED, An Act  restrict the legal responsibility to provide financial support for certain family members.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 25-7-27 be amended to read as follows:

     25-7-27.   Every Any adult child, having the financial ability so to do so, shall provide necessary food, clothing, shelter , or medical attendance for a parent who is unable to provide for himself; provided that oneself. However, no claim shall may be made against such adult child until notice has been given such adult child the adult child is given written notice that his the child's parent is unable to provide for himself oneself , and such adult child shall have has refused to provide for his the child's parent. Notice required by this section shall be given within ninety days after the

necessary food, clothing, shelter, or medical attendance, claimed in the notice, was first provided for the parent. However, in the case of fraud or misrepresentation, notice shall be provided within ninety days after such fraud or misrepresentation is known or should have been known. If the parent or someone acting on behalf of the parent makes application for assistance pursuant to chapter 28- 13, the county shall give the written notice required herein within ninety days after it receives the application or notice required under §  28-13-1, 28-13-32.3, 28-13-32.4, or 28-13-34.1, whichever is sooner.

     Signed February 28, 2000.

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