South Dakota Administrative Code

Rule 67:42:05:12 Nutrition requirements. 67:42:05:12. Nutrition requirements. A foster parent shall provide a child in foster care with at least three meals a day. The meals must be of sufficient quantity to meet the child's nutritional needs. The foster parent shall adhere to sp…

Rule 67:42:05:13 Program requirements. 67:42:05:13. Program requirements. A foster parent shall comply with the following: (1) Shall provide daily activities designed to promote the physical, social, intellectual, and emotional development of the children in the foster parent's h…

Rule 67:42:05:14 Transferred. 67:42:05:14. Transferred to §67:42:05:06.

Rule 67:42:05:15 Discipline. 67:42:05:15. Discipline. Discipline used by a foster parent must provide for positive guidance, redirection, and setting of clear-cut limits while helping a child to develop self-control, self-esteem, and respect for the rights of others. A foster par…

Rule 67:42:05:16 Food quality -- Storage. 67:42:05:16. Food quality -- Storage. Food must be free from spoilage and contamination and shall be safe for human consumption. Fluid milk and fluid milk products used or served must be pasteurized. Source: 11 SDR 101, effective February…

Rule 67:42:05:17 Repealed. 67:42:05:17. Insect and rodent control. Repealed. Source: 11 SDR 101, effective February 3, 1985; repealed, 39 SDR 220, effective June 27, 2013.

Rule 67:42:05:18 Railings. 67:42:05:18. Railings. Floor and wall openings, open-sided areas, or platforms 30 inches or more above the adjacent ground level shall be guarded by a railing or barrier. The railing or barrier must be constructed to prevent the child from crawling or f…

Rule 67:42:05:19 Sleeping space. 67:42:05:19. Sleeping space. Family foster homes shall have sufficient sleeping space to accommodate comfortably a child in care as well as the provider's family. The foster home shall meet the following requirements: (1) Bed linens, blankets, and…

Rule 67:42:05:20 Access to hazardous items. 67:42:05:20. Access to hazardous items. The following hazardous items must be inaccessible to a child in foster care, unless under adult supervision: (1) Firearms, including pellet guns, BB guns, and cap guns; (2) Ammunition; (3) Archer…

Rule 67:42:05:21 Water safety. 67:42:05:21. Water safety. A child who is placed in a licensed home which is adjacent to any body of water or that has a swimming pool shall be instructed in water safety appropriate for their age. Wading pools shall be emptied and stored when not i…

Rule 67:42:05:22 Medication -- Storage. 67:42:05:22. Medication -- Storage. All medications must be kept in a locked cabinet or container. A foster parent may not permit medication prescribed for another person to be given to a child in foster care. Source: 39 SDR 220, effective …

Rule 67:42:05:23 Emergency preparedness. 67:42:05:23. Emergency preparedness. The applicant or foster parent shall maintain a list of emergency telephone numbers, including at least poison control, police, fire department, and hospital, and post those numbers in a prominent place…

Rule 67:42:05:24 Living space requirements. 67:42:05:24. Living space requirements. A family foster home must have: (1) Safe drinking water; (2) Appliances for the preparation of hot meals; (3) A toilet, sink, and tub or shower in operating condition; (4) Adequate light, heat, an…

Rule 67:42:06:01 Repealed. 67:42:06:01. Definition of basic group living center for minors.Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 4, effective July 25, 1985.

Rule 67:42:06:02 Repealed. 67:42:06:02. Basic group living center and licensed child placement agency relationship.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:22:02, 4 SDR 10, effective August 28, 1977; transferred from §67:41:05:02, 7 SDR 66, 7 SDR 89, effect…

Rule 67:42:06:03 Repealed. 67:42:06:03. Qualifications for program director.Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 4, effective July 25, 1985.

Rule 67:42:06:04 Repealed. 67:42:06:04. Staff-child ratio.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:22:17, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:05:09, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 4, effective July 25,…

Rule 67:42:06:05 Transferred. 67:42:06:05.Transferred to § 67:42:07:07.

Rule 67:42:06:06 Transferred. 67:42:06:06. Transferred to § 67:42:07:08.

Rule 67:42:06:07 Transferred. 67:42:06:07. Transferred to § 67:42:07:09.

Rule 67:42:06:08 Repealed. 67:42:06:08. Staff development and in-service training.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:22:21, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:05:13, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 S…

Rule 67:42:06:09 Repealed. 67:42:06:09. Program requirements.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:22:23, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:05:15, 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 4, effective July …

Rule 67:42:06:10 Transferred. 67:42:06:10. Transferred to § 67:42:07:10.

Rule 67:42:06:11 Transferred. 67:42:06:11. Transferred to § 67:42:07:11.

Rule 67:42:06:12 Transferred. 67:42:06:12. Transferred to § 67:42:07:13.

Rule 67:42:06:13 Transferred. 67:42:06:13. Transferred to § 67:42:07:14.

Rule 67:42:07:01 Definitions. 67:42:07:01. Definitions. As used in this chapter: (1) "After-care services" means supportive social services, as specified in the treatment plan, for the family, after the child has returned home; (2) "Alternative services" means an array of service…

Rule 67:42:07:01.01 Shelter care facility -- Length of stay. 67:42:07:01.01. Shelter care facility -- Length of stay. A shelter care facility provides neither treatment nor treatment planning. A shelter care facility may maintain children for no more than 30 days. If a placement …

Rule 67:42:07:01.02 Agreement to provide alternative services. 67:42:07:01.02. Agreement to provide alternative services. If a group care center provides alternative services to children in the custody of the department, the center must have a signed alternative service agreement…

Rule 67:42:07:02 Qualifications for program director. 67:42:07:02. Qualifications for program director. The program director must have a bachelor's degree in an accredited behavioral or social science area or an equivalent combination of education and experience and at least two …

Rule 67:42:07:03 Staff-child ratio. 67:42:07:03. Staff-child ratio. Child care staff must be employed to maintain daily living conditions for all children in care. Group care centers shall maintain a staff-child ratio of one adult for each eight children or fraction thereof durin…

Rule 67:42:07:04 Orientation and in-service training. 67:42:07:04. Orientation and in-service training. The facility must have written plans for orientation and in-service training. Each direct child care staff member shall participate in the in-service training. The written plan…

67:42:07:04.01. Reasonable and prudent parent standard requirements. Transferred to § 67:42:01:06.01. Source: 42 SDR 97, effective January 4, 2016; 49 SDR 124, effective July 3, 2023.

Rule 67:42:07:05 Treatment plan. 67:42:07:05. Treatment plan. The facility shall develop a written treatment plan for each child in care within one month after admission. The development of the treatment plan must involve the child in care, the facility staff working with the chi…

Rule 67:42:07:06 Repealed. 67:42:07:06. Compliance with chapter 67:42:06.Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 4, effective July 25, 1985.

Rule 67:42:07:07 Staff qualifications -- Contact with references required. 67:42:07:07. Staff qualifications -- Contact with references required. The facility shall contact at least three former employers or, if former employers are not available, professional references of an em…

Rule 67:42:07:08 Repealed. 67:42:07:08. Staff health requirements. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:22:19, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:05:11, 7 SDR 66, 7 SDR 89, effective July 1, 1981; transferred from § 67:42:06:0…

Rule 67:42:07:09 Personnel record. 67:42:07:09. Personnel record. A facility must maintain a personnel record on each employee and volunteer. The record must include the employee's or volunteer's educational background, job description, previous work history, annual performance a…

Rule 67:42:07:10 Health care of children. 67:42:07:10. Health care of children. If a child is in care for 30 days or longer, the facility shall maintain the following health information in the child's record: (1) A record of a physical examination made within twelve months before…

Rule 67:42:07:11 Fire and health inspections. 67:42:07:11. Fire and health inspections. The facility must meet the applicable environmental health standards in chapter 67:42:11. The Department of Public Safety, the city fire inspection authority, or the city health inspection aut…

Rule 67:42:07:11.01 Building plans. 67:42:07:11.01. Building plans. Before building a new facility or renovating or altering an existing facility, the facility must submit a copy of the proposed building, renovation, or alteration plan to the department for review. The plan must …

Rule 67:42:07:12 Sleeping space. 67:42:07:12. Sleeping space. A facility that cares for both genders shall provide for the separation of the genders during sleeping hours for children over age six and shall provide for the monitoring of all sleeping children. The facility shall p…

Rule 67:42:07:13 Nutrition requirements. 67:42:07:13. Nutrition requirements. A group care center shall provide a child in care with at least three meals a day. The meals must be of sufficient quantity to meet the child's nutritional needs. The group care center must adhere to sp…

Rule 67:42:07:14 Volunteers. 67:42:07:14. Volunteers. A facility that regularly uses volunteers to work directly with children in care shall meet the following requirements: (1) The facility must have a written description of duties and specific responsibilities for volunteer pos…

Rule 67:42:07:15 Staff responsibility for reporting suspected in-house incidents of child abuse or neglect. 67:42:07:15. Staff responsibility for reporting suspected in-house incidents of child abuse or neglect. The facility shall require each staff member to read and sign a stat…

Rule 67:42:07:15.01 Resident and family grievance procedures. 67:42:07:15.01. Resident and family grievance procedures. The facility must develop and follow a written grievance procedure that allows a resident, the resident's parent or legal representative, a guardian, facility s…

Rule 67:42:07:16 Facility procedures for handling suspected in-house child abuse. 67:42:07:16. Facility procedures for handling suspected in-house child abuse. The facility shall have written procedures for handling suspected in-house child abuse. The procedures must include at l…

Rule 67:42:07:17 Interstate placement of children. 67:42:07:17. Interstate placement of children. The facility shall notify the department's interstate compact administrator before accepting an out-of-state child for placement in South Dakota. Source: 12 SDR 4, effective July 25,…

Rule 67:42:07:18 Written policy on discipline. 67:42:07:18. Written policy on discipline. The facility shall establish and follow a written policy regarding discipline, behavior support, and intervention that must be made known to all children, families, guardians, staff, and pla…

Rule 67:42:07:19 Written procedures for medication administration. 67:42:07:19. Written procedures for medication administration. The facility shall establish and follow written procedures for the storage and administration of medication. These procedures must be given to all sta…