South Dakota Administrative Code

Rule 67:42:01:05 Initial evaluation and approval -- Renewal of license. 67:42:01:05. Initial evaluation and approval -- Renewal of license. The department's initial evaluation of the applicant includes three reference checks, personal interviews, a screening for records of abuse …

Rule 67:42:01:05.01 Criminal record check. 67:42:01:05.01. Criminal record check. The department shall secure a criminal record check to obtain information concerning convictions for criminal offenses by a prospective foster parent as well as any other adult living in the prospec…

Rule 67:42:01:05.02 Screening for substantiated reports of abuse and neglect. 67:42:01:05.02. Screening for substantiated reports of abuse and neglect. The department shall screen a provider applicant, family members and other household members who are at least 18 years old, an e…

Rule 67:42:01:05.03 Notice to facility. 67:42:01:05.03. Notice to facility. The department shall notify the facility that the name of the facility's employee, employee applicant, volunteer, or volunteer applicant was located through the screening process when one of the following…

Rule 67:42:01:06 Ability to provide care. 67:42:01:06. Ability to provide care. An applicant shall demonstrate the ability to provide care to a client which meets the client's intellectual, physical, social, and emotional needs. The applicant's ability is determined by the capaci…

67:42:01:06.01. Reasonable and prudent parent standard requirements. The reasonable and prudent parent standard applies to facilities regulated by chapters 67:42:07, 67:42:08, 67:42:09, 67:42:13, and 67:42:15. Under the standard, each facility is required to have at least one off…

Rule 67:42:01:07 Physical health standards required of applicant and applicant's family. 67:42:01:07. Physical health standards required of applicant and applicant's family. An applicant for family foster care must have a physical examination. A physical examination completed wit…

Rule 67:42:01:08 Repealed. 67:42:01:08. Handicaps of applicant or provider.Repealed. Source: 4 SDR 2, effective July 25, 1977; 4 SDR 66, 4 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.

Rule 67:42:01:09 Repealed. 67:42:01:09. Validity of license or registration certificate. Repealed. Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; repealed, 39 SDR 220, effective June 27, 2013.

Rule 67:42:01:10 Repealed. 67:42:01:10. Limitations on combining types of care. Repealed. Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 12 SDR 4, effective July 25, 1985; 21 SDR 206, effective June 4,…

Rule 67:42:01:11 Repealed. 67:42:01:11. On-site visits to determine compliance and evaluate activities. Repealed. Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; repealed, 39 SDR 220, effective June 27,…

Rule 67:42:01:12 Reporting of incidents or changes in circumstances. 67:42:01:12. Reporting of incidents or changes in circumstances. The provider shall report a change in circumstance that may affect the provider's ability to comply with the requirements of the provider's licens…

Rule 67:42:01:13 Repealed. 67:42:01:13. Civil rights. Repealed. Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 39 SDR 220, effective June 27, 2013.

Rule 67:42:01:14 Repealed. 67:42:01:14. Provisional license or registration certificate -- Reasons for issuing -- Time limits. Repealed. Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; transferred from …

Rule 67:42:01:14.01 Transferred. 67:42:01:14.01. Transferred to § 67:42:01:14.

Rule 67:42:01:15 Repealed. 67:42:01:15. Renewal of family foster home license.Repealed. Source: 4 SDR 2, effective July 25, 1977; 6 SDR 31, effective September 30, 1979; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:42:01:16 Denial of license. 67:42:01:16. Denial of license. The department may deny a license to an applicant based on an evaluation, substantiated by facts, showing that the applicant does not meet standards for care. Within 120 days after application, the applicant must…

Rule 67:42:01:17 Repealed. 67:42:01:17. Withdrawal of license or registration certificate. Repealed. Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; repealed, 39 SDR 220, effective June 27, 2013.

Rule 67:42:01:18 Revocation of license. 67:42:01:18. Revocation of license. Violation of the provisions of this article are grounds for revocation of a license. Before a license is revoked, the department shall give a 30-day's written notice of revocation to the provider and shal…

Rule 67:42:01:19 Repealed. 67:42:01:19. Receipt and investigation of complaint.Repealed. Source: 4 SDR 2, effective July 25, 1977; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:42:01:20 Fair hearing. 67:42:01:20. Fair hearing. A provider applicant, an employee applicant, a volunteer, a volunteer applicant, or a provider is entitled to a fair hearing if aggrieved or dissatisfied with any action or inaction on the part of the department. Fair hear…

Rule 67:42:01:21 Maintenance of records. 67:42:01:21. Maintenance of records. A record must be maintained by the provider on each client. That record must include the client's name, date of placement, date of removal, the names and telephone numbers of the client's social worker,…

Rule 67:42:01:22 Confidentiality. 67:42:01:22. Confidentiality. The files and records of the provider must be kept confidential. No information may be released from the files or records to anyone outside of the licensed facility unless written authorization for the release of inf…

Rule 67:42:01:23 Repealed. 67:42:01:23. Location. Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 27 SDR 63, effective December 31, 2000; 32 SDR 33, effective August 31, 2005; repealed, 39 SDR…

Rule 67:42:01:24 Transportation. 67:42:01:24. Transportation. A vehicle used for transportation may not carry more people than its stated passenger capacity. Except when transporting children to and from school, the required staff-child ratio must be maintained when children are …

Rule 67:42:01:25 Repealed. 67:42:01:25. Fire safety.Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective November 21, 1983.

Rule 67:42:01:26 Repealed. 67:42:01:26. Agency bylaws.Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; repealed, 14 SDR 98, effective January 18, 1988.

Rule 67:42:01:27 Repealed. 67:42:01:27. Selection of governing board.Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 14 SDR 98, effective January 18, 1988.

Rule 67:42:01:28 Repealed. 67:42:01:28. Agency responsibility for building and equipment needs and funding. Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 14 SDR 98, effective January 18, 1988; 24 SDR 76, effective December 1…

Rule 67:42:01:29 Repealed. 67:42:01:29. Responsibilities of the program director and/or executive director.Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective November 21, 1983.

Rule 67:42:01:30 Repealed. 67:42:01:30. Proprietary day care center's advisory board.Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective November 21, 1983.

Rule 67:42:01:31 Repealed. 67:42:01:31. Proprietary facilities -- Financing of a facility.Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective November 21, 1983.

Rule 67:42:01:32 Repealed. 67:42:01:32. Proprietary facilities -- Financial records.Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective November 21, 1983.

Rule 67:42:01:33 Repealed. 67:42:01:33. Accounting system. Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 32 SDR 33, effective August 31, 2005; repealed, 39 SDR 220, effective June 27, 2013.

Rule 67:42:01:34 Annual audit. 67:42:01:34. Annual audit. Each group care center, residential treatment center, child placement agency, and intensive residential treatment center shall provide for an annual audit of its accounts by a certified public accountant who is not an empl…

Rule 67:42:01:35 Insurance. 67:42:01:35. Insurance. Each group care center, residential treatment center, intensive residential treatment center, and child placement agency shall carry liability insurance. Each vehicle used for transporting clients must have liability insurance t…

Rule 67:42:01:36 Repealed. 67:42:01:36. Final inspection reports -- Required posting. Repealed. Source: 27 SDR 63, effective December 31, 2000; repealed, 39 SDR 220, effective June 27, 2013.

Rule 67:42:01:37 Telephones. 67:42:01:37. Telephones. Each home or facility must provide one working, nonpay telephone which can be used for general and emergency uses. Source: 31 SDR 40, effective September 29, 2004. General Authority: SDCL 26-6-16. Law Implemented: SDCL 26-6-16…

67:42:03:01. Definitions. Repealed. Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 15 SDR 162, effective May 4, 1989; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SD…

Rule 67:42:03:02 Repealed. 67:42:03:02. Licensure of family day care.Repealed. Source: 4 SDR 2, effective July 25, 1977; repealed, 6 SDR 31, effective September 30, 1979.

Rule 67:42:03:03 Repealed. 67:42:03:03. Approval of in-home care and family day care in a relative's home.Repealed. Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective November 21, 1983.

Rule 67:42:03:04 Repealed. 67:42:03:04. Status and number of children cared for.Repealed. Source: 4 SDR 2, effective July 25, 1977; repealed, 6 SDR 31, effective September 30, 1979. 67:42:03:04.01. Maximum number of children allowed. Repealed. Source: 6 SDR 31, effective Septembe…

67:42:03:04.01. Maximum number of children allowed. Repealed. Source: 6 SDR 31, effective September 30, 1979; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 15 SDR 162, effective May 4, 1989; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effe…

Rule 67:42:03:05 Repealed. 67:42:03:05. License for specific children.Repealed. Source: 4 SDR 2, effective July 25, 1977; repealed, 6 SDR 31, effective September 30, 1979.

67:42:03:06. Qualifications of a family day care provider. Repealed. Source: 4 SDR 2, effective July 25, 1977; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981; readopted, 15 SDR 162, effective May 4, 1989; 20 SDR 223, effective July 7, 1994; 21 SDR 206, effective June 4, 199…

Rule 67:42:03:07 Repealed. 67:42:03:07. Age and family composition.Repealed. Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; repealed, 15 SDR 162, effective May 4, 1989. 67:42:03:07.01. Qualifications o…

67:42:03:07.01. Qualifications of helpers. Repealed. Source: 15 SDR 162, effective May 4, 1989; 21 SDR 206, effective June 4, 1995; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.

67:42:03:07.02. Training. Repealed. Source: 15 SDR 162, effective May 4, 1989; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

67:42:03:07.03. Helper records and hiring requirements. Repealed. Source: 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.

Rule 67:42:03:07.04 Staff health requirements. 67:42:03:07.04 Staff health requirements. Repealed. Source: 21 SDR 206, effective June 4, 1995; repealed, 39 SDR 220, effective June 27, 2013.