South Dakota Administrative Code

Rule 67:42:07:20 Psychotropic medications. 67:42:07:20. Psychotropic medications. The facility may provide psychotropic medications to a child only as prescribed by the physician responsible for the diagnosis, treatment, and therapeutic planning for the child; a certified nurse p…

Rule 67:42:07:21 Repealed. 67:42:07:21. Administration of medications.Repealed. Source: 12 SDR 4, effective July 25, 1985; repealed, 12 SDR 127, effective February 9, 1986.

Rule 67:42:07:22 Required medication records. 67:42:07:22. Required medication records. The facility shall develop and follow a written medication schedule for each child receiving medication. The schedule shall be used by the staff member administering medication. The schedule s…

Rule 67:42:07:23 Medication control. 67:42:07:23. Medication control. The facility shall keep all medications in a locked cabinet. The facility may not permit medication prescribed for one child to be given to another child. The facility shall maintain a central registry of usage…

Rule 67:42:07:24 Use of seclusion and restraint to be approved by child placement agency -- Required documentation. 67:42:07:24. Use of seclusion and restraint to be approved by child placement agency -- Required documentation. A facility may not place a child in seclusion or res…

Rule 67:42:07:25 Physical requirements for room used for seclusion. 67:42:07:25. Physical requirements for room used for seclusion. A room used exclusively for seclusion must be designed and constructed to ensure the health, safety, and well-being of children placed in seclusion.…

Rule 67:42:07:26 Staff person to monitor seclusion room. 67:42:07:26. Staff person to monitor seclusion room. A facility that uses seclusion shall provide a staff person to continuously observe and monitor a child who has been placed in a room for purposes of seclusion to evaluat…

Rule 67:42:07:27 Placement in seclusion or restraint -- Limits. 67:42:07:27. Placement in seclusion or restraint -- Limits. If a child is aged nine to 17, the child may not be placed in seclusion or restraint for more than two consecutive hours. If a child is under age nine, the …

Rule 67:42:07:28 Review and evaluation of treatment plan. 67:42:07:28. Review and evaluation of treatment plan. The facility shall provide for the review, evaluation, and updating of the child's treatment plan at least every three months. The updated plan must include the progres…

Rule 67:42:07:29 Written policy requirements. 67:42:07:29. Written policy requirements. The facility must develop written policies that address: (1) Intake; (2) Treatment; (3) Discharge; (4) Discipline; (5) Confidentiality; (6) Reporting suspected child abuse and neglect within t…

Rule 67:42:08:01 Definitions. 67:42:08:01. Definitions. Terms used in this chapter mean: (1) "After-care services," supportive social services, as specified in the treatment plan, for the family after the child has returned home; (2) "Emergency safety intervention," the use of re…

Rule 67:42:08:01.01 Eligibility requirements -- Residential treatment center. 67:42:08:01.01. Eligibility requirements -- Residential treatment center. In addition to the requirements contained in this chapter, a residential treatment center must meet the requirements of 42 C.F.R…

Rule 67:42:08:01.02 Licensed practitioner. 67:42:08:01.02. Licensed practitioner. In any of the federal regulations incorporated under the provisions of this chapter, the term, licensed practitioner, has the meaning specified in § 67:42:08:01. The licensed practitioner must meet …

Rule 67:42:08:02 Qualifications for program director. 67:42:08:02. Qualifications for program director. The program director of the residential treatment center must have a master's degree in an accredited behavioral or social science area and at least two years of relevant alter…

Rule 67:42:08:03 Staff-child ratio. 67:42:08:03. Staff-child ratio. Child care staff must be employed to maintain daily living conditions for all children in care. There must be at least one staff member to supervise each 6 children or fraction thereof during waking hours wheneve…

Rule 67:42:08:04 Orientation and in-service training. 67:42:08:04. Orientation and in-service training. Orientation and in-service training must be provided according to § 67:42:07:04, except each direct child care staff member in a residential treatment center shall participate …

Rule 67:42:08:05 Treatment plan. 67:42:08:05. Treatment plan. The facility shall develop a written treatment plan for each child in care within 14 days after the date of admission. The development of the treatment plan must involve the child in care; the facility staff working wi…

Rule 67:42:08:06 Compliance with chapter 67:42:07. 67:42:08:06. Compliance with chapter 67:42:07. In addition to the rules contained in this chapter, residential treatment centers shall comply with the standards as set forth in §§ 67:42:07:07 to 67:42:07:26, inclusive. Source: 7 …

Rule 67:42:08:07 Review and evaluation of treatment plan. 67:42:08:07. Review and evaluation of treatment plan. A case record must be maintained on each child according to § 67:42:01:21. The facility must secure the records against loss, tampering, or unauthorized use. When the 3…

Rule 67:42:08:08 Emergency safety intervention -- Face-to-face assessment required. 67:42:08:08. Emergency safety intervention -- Face-to-face assessment required. The face-to-face assessment required under the provisions of 42 C.F.R. § 483.358(f), as amended to January 1, 2007, …

Rule 67:42:08:09 Written policy requirements. 67:42:08:09. Written policy requirements. The facility must develop written policies that address: (1) Intake; (2) Treatment; (3) Discharge; (4) Discipline; (5) Confidentiality; (6) Reporting suspected child abuse and neglect within t…

Rule 67:42:08:10 Emergency safety intervention. 67:42:08:10. Emergency safety intervention. A licensed physician, a licensed practitioner, a registered nurse, or a licensed social work associate who has bachelor's degree and certification as a trainer in a nationally-recognized p…

Rule 67:42:09:01 Definitions. 67:42:09:01. Definitions. Terms used in this chapter, unless the context plainly requires otherwise, mean: (1) "Agency," a child placement agency as provided in SDCL 26-6-14; (2) "Client," any person who uses the services of child placement agencies …

Rule 67:42:09:02 Repealed. 67:42:09:02. Licensing requirements. Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 27 SDR 121, effective May 28, 2001; repealed, 34 SDR 200, effective January 30, 2008.

Rule 67:42:09:03 Repealed. 67:42:09:03. Qualifications for executive director. Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 20 SDR 223, effective July 7, 1994; repealed, 34 SDR 200, effective January 30, 2008.

Rule 67:42:09:04 Fees for services. 67:42:09:04. Fees for services. The agency shall have a written fee policy for services provided to children, biological parents, adoption applicants, and adoptive parents. The fees shall be based on the cost of the services provided, and the f…

Rule 67:42:09:05 Repealed. 67:42:09:05. Gratuities prohibited.Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 187, effective May 29, 1986.

Rule 67:42:09:06 Repealed. 67:42:09:06. Qualifications for director of social services.Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 187, effective May 29, 1986.

Rule 67:42:09:07 Qualifications for staff providing supervision. 67:42:09:07. Qualifications for staff providing supervision. An individual who supervises staff providing direct services and support must be a mental health professional who has at least a master's degree in psycho…

Rule 67:42:09:07.01 Requirements for staff providing direct services and support to clients. 67:42:09:07.01. Requirements for staff providing direct services and support to clients. Staff performing intake services, direct services to children and families, case management, famil…

Rule 67:42:09:08 Qualifications and responsibilities of paraprofessional staff. 67:42:09:08. Qualifications and responsibilities of paraprofessional staff. An agency may employ paraprofessional staff to assist the social work staff. The paraprofessional staff may perform work onl…

Rule 67:42:09:08.01 Contact with references required. 67:42:09:08.01. Contact with references required. The facility shall contact at least three former employers or, if former employers are not available, professional references of an employee applicant concerning the applicant'…

Rule 67:42:09:09 Use of volunteers. 67:42:09:09. Use of volunteers. An agency which regularly uses volunteers to work directly with clients shall do the following: (1) The facility must have a written description of duties and specific responsibilities for volunteer positions; (2…

Rule 67:42:09:10 Orientation and in-service training. 67:42:09:10. Orientation and in-service training. The agency shall have written plans for orientation and ongoing in-service training. Each staff member shall participate in the in-service training. The written plan for in-ser…

Rule 67:42:09:11 Staff personnel records. 67:42:09:11. Staff personnel records. A facility must maintain a personnel record on each employee and volunteer. The record must include the employee's or volunteer's application showing qualifications and experience, a job description, …

Rule 67:42:09:12 Repealed. 67:42:09:12. Intake policy. Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; repealed, 39 SDR 220, effective June 27, 2013.

Rule 67:42:09:13 Standard requirements and responsibilities in the provision of client services. 67:42:09:13. Standard requirements and responsibilities in the provision of client services. Extensive efforts shall be made to protect a child from unnecessary separation from the ch…

Rule 67:42:09:14 Repealed. 67:42:09:14. Adoptive services. Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 39 SDR 220, effective June 27, 2013.

Rule 67:42:09:15 Agency qualifications for adoptive applicants. 67:42:09:15. Agency qualifications for adoptive applicants. The agency must establish written qualifications for an adoptive applicant which include the following requirements: (1) The applicant and members of the ap…

Rule 67:42:09:16 Adoptive placement services. 67:42:09:16. Adoptive placement services. The agency shall adopt written policies for the placement of a child free for adoption. The policies must provide for the following: (1) Placement into an adoptive home as soon as possible aft…

Rule 67:42:09:17 Foster care services. 67:42:09:17. Foster care services. The agency shall establish written policies for providing foster care services that include at least the following: (1) A case plan to be developed within 30 days after the child's placement in foster care.…

Rule 67:42:09:18 Foster home services. 67:42:09:18. Foster home services. The agency shall approve foster homes with an annual letter or certificate of approval. The approval shall be based on the following qualifications: (1) The foster home shall meet the emotional and physical…

Rule 67:42:09:18.01 Repealed. 67:42:09:18.01. Training and development. Repealed. Source: 17 SDR 157, effective April 23, 1991; repealed, 35 SDR 187, effective February 11, 2009.

67:42:09:18.02. Host family volunteers. The following sections apply to host families: § 67:42:01:05.01, § 67:42:01:05.02, § 67:42:05:04, § 67:42:05:06, §§ 67:42:05:10.01 to 67:42:05:12, inclusive; and §§ 67:42:05:15 to 67:42:05:24, inclusive. The terms, host family, or, host fam…

Rule 67:42:09:19 Medical and dental services. 67:42:09:19. Medical and dental services. The agency shall establish a written policy for the health care of every child in its care. Each child must receive physical and dental examinations as follows: (1) A physical examination must…

Rule 67:42:09:20 Repealed. 67:42:09:20. Services to unmarried parents. Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; repealed, 39 SDR 220, effective June 27, 2013.

Rule 67:42:09:21 Legal services and responsibilities. 67:42:09:21. Legal services and responsibilities. The agency shall employ or retain legal staff to represent the child in legal matters and to assure prompt resolution of legal questions in the best interests of the child. The…

Rule 67:42:09:22 Other agency services. 67:42:09:22. Other agency services. The agency shall provide or procure other services as needs may demand. The services may include psychiatric, legal, religious, special education, and physical therapy services. The agency shall ensure th…

Rule 67:42:09:23 Interstate placement of children. 67:42:09:23. Interstate placement of children. Any child received by the agency from, or placed by the agency in, another state must be received or placed in accordance with chapter 67:14:24 on interstate placement of children or…

Rule 67:42:09:24 Client case records. 67:42:09:24. Client case records. The child placement agency shall maintain a current and securely filed case record on each client served. The case records shall include at least the following: (1) The current addresses of parents or other s…