South Dakota Administrative Code

Rule 67:42:09:25 Foster home record. 67:42:09:25. Foster home record. The child placement agency shall keep a current record on each of the foster homes it has approved to care for children who are under the age of 18. The record must contain the following information: (1) The in…

Rule 67:42:09:26 Adoptive home record. 67:42:09:26. Adoptive home record. The adoptive home record must include a signed application to adopt a child and a physician's report regarding the current health and any conditions of the applicants that might affect their own future heal…

Rule 67:42:09:27 Repealed. 67:42:09:27.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 Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; repealed, 39 SDR 220, effective June 27, 2013.

67:42:10:00. Definitions. Repealed. Source: 12 SDR 209, effective July 6, 1986; 15 SDR 162, effective May 4, 1989; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

67:42:10:01. Statement defining purpose and function. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:13, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:05, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 39 SDR…

67:42:10:02. Qualifications for director or proprietor. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:16, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:07, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 20 S…

67:42:10:02.01. Qualifications for individual responsible for program planning and staff supervision. Repealed. Source: 12 SDR 209, effective July 6, 1986; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 49 SDR 124, effective July 3, 2023.

Rule 67:42:10:03 Transferred. 67:42:10:03. Transferred to § 67:42:10:10.

Rule 67:42:10:04 Repealed. 67:42:10:04. Responsibilities of and qualifications for teacher.Repealed. Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; transferred from § 67:14:19:17, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:08, 7 SDR 66, 7…

67:42:10:05. Qualifications of staff members. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:18, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:09, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 15 SDR 162, ef…

67:42:10:06. Staff development and training. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:19, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:10, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 21 SDR 206, eff…

67:42:10:06.01. Staff orientation. Repealed. Source: 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 45 SDR 82, effective December 10, 2018; 49 SDR 124, effective July 3, 2023.

67:42:10:07. Staff-child ratio. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:20, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:11, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 21 SDR 206, effective June 4…

Rule 67:42:10:08 Repealed. 67:42:10:08. Staff health requirements. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:24, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:16, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6,…

67:42:10:09. Staff records and hiring requirements. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:29, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:20, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 20 SDR 2…

67:42:10:10. Program standards. Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; written policies requirement transferred from § 67:42:10:03, 12 SDR 209, effective July 6, 1986; 14 SDR 98, effective January 18, 1988; 21 SDR 206, effective June 4, 1995: 24 SDR 76, eff…

67:42:10:11. Standards for discipline. Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

67:42:10:12. Parental involvement. Repealed. Source: 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:13, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

67:42:10:13. Nutrition requirements. Repealed. Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; transferred from § 67:14:19:22, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:14, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective…

67:42:10:14. Health standards and immunizations for day care children. Repealed. Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; transferred from § 67:14:19:23, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:15, 7 SDR 66, 7 SDR 89, effective J…

67:42:10:15. Medications. Repealed. Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; transferred from § 67:14:19:23, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:15, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 206, effective June 4, 19…

67:42:10:16. Building plans. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:31, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:22, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 206, effective June 4, 1995; 39 SDR 220, effective June 27, …

67:42:10:17. Compliance with environmental health standards required -- Environmental health survey. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:32, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:23, 7 SDR 66, 7 SDR 89, effective July 1, 1…

67:42:10:18. Fire and life safety. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:33, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:24, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 20 SDR 223, effective July 7, 1994; 24 SDR 76, effective Dece…

67:42:10:19. Physical standards for facility. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:34, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:25, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 21 SDR 206, ef…

67:42:10:20. Night-time care. Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 21 SDR 206, effective June 4, 1995; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

Rule 67:42:10:21 Repealed. 67:42:10:21. Volunteers. Repealed. Source: 12 SDR 209, effective July 6, 1986; 20 SDR 223, effective July 7, 1994; 21 SDR 206, effective June 4, 1995; repealed, 39 SDR 220, effective June 27, 2013.

67:42:10:22. Staff responsibility for reporting suspected incidents of child abuse or neglect. Repealed. Source: 12 SDR 209, effective July 6, 1986; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.

67:42:10:23. Center procedures for handling suspected in-house child abuse. Repealed. Source: 12 SDR 209, effective July 6, 1986; 49 SDR 124, effective July 3, 2023.

67:42:10:24. Storage for personal items. Repealed. Source: 21 SDR 206, effective June 4, 1995; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

67:42:10:25. Staff person trained in first aid and CPR must be on site during hours of operation. Repealed. Source: 31 SDR 40, effective September 29, 2004; 49 SDR 124, effective July 3, 2023.

67:42:11:01. Scope of chapter. The environmental health standards in this chapter apply only to chapters 67:42:07, 67:42:08, and 67:42:15, unless otherwise indicated. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective Augu…

67:42:11:02. Playground area -- Swimming pool. The playground must have at least fifty square feet of play area for each child during each scheduled recess time and must be enclosed with a fence, if the playground is within twenty-five feet of a high-volume traffic area, or locat…

67:42:11:02.01. Space requirements -- Before and after school care. Repealed. Source: 27 SDR 63, effective December 31, 2000; 49 SDR 124, effective July 3, 2023.

Rule 67:42:11:03 Repealed. 67:42:11:03. Floor construction -- Ceiling height.Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 13 SDR 197, effective July 1, 1987; repealed, 14 SDR 20, effective August 13, 1987.

Rule 67:42:11:04 Repealed. 67:42:11:04. Lighting. Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 206, effective June 4, 1995; repealed, 39 SDR 220, effective June 27, 2013.

67:42:11:05. Sleeping areas. A minimum of fifty square feet of floor space must be provided for the first client occupying a sleeping area with an additional thirty square feet for each additional client occupying the same sleeping space. Source: 7 SDR 66, 7 SDR 89, effective Jul…

67:42:11:06. Toilet facilities. Where care for both male and female clients is provided, separate toilet facilities for each gender must be provided. There must be a minimum of one toilet and one hand lavatory for every twelve male clients and a minimum of one toilet and one hand…

67:42:11:06.01. Diaper changing. Where infants are cared for, there must be a diaper changing table with a top that is easily cleanable and nonabsorbent. The table must be cleaned after each use. Soiled diapers must be kept in a leakproof, nonabsorbent container that is covered w…

67:42:11:07. Cleaning and sanitizing of equipment. 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; 15 SDR 94, effective January 1, 1989; 31 SDR 40, effective September 29, 2004; 39 SDR 220, ef…

Rule 67:42:11:07.01 Repealed. 67:42:11:07.01. Manual cleaning and sanitizing. Repealed. Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 15 SDR 94, effective January 1, 1989; repealed, 39 SDR 220, effective June 27, 2013.

Rule 67:42:11:07.02 Repealed. 67:42:11:07.02. Mechanical cleaning and sanitizing. Repealed. Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 21 SDR 206, effective June 4, 1995; 27 SDR 63, effective December 31, 2000; repealed, 39 SDR 220, effectiv…

67:42:11:08. Ventilation of cooking areas. A facility, in which more than twenty children are cared for, must provide a ventilation hood over all cooking areas for the type of applicance and intended use, as required in § 61:15:01:01. Source: 7 SDR 66, 7 SDR 89, effective July 1,…

67:42:11:09. Water source and temperature. Water must be derived from a community water system or from a water system that is tested at least annually by a laboratory certified by the State of South Dakota to test drinking water. The water must be tested for bacteria and nitrate …

67:42:11:10. Electrical outlet covers. A facility, in which children under age five are cared for, must have unused electrical outlets covered with an Underwriters' Laboratories-approved electrical outlet cover. If the facility was constructed or approved after June 4, 1995, it m…

Rule 67:42:11:11 Repealed. 67:42:11:11. Compliance with chapters 67:28:08 and 67:28:12.Repealed. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 13 SDR 197, effective July 1, 1987; repealed, 14 SDR 20, effective August 13, 1987.

67:42:11:12. Heating, ventilating, and cooling systems. Each facility must have a working heating, ventilating, and cooling system. Heating, ventilating, and cooling systems must be inspected at least once a year by a person qualified through experience in heating and ventilation…

Rule 67:42:11:13 Repealed. 67:42:11:13. Electrical wiring. Repealed. Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 21 SDR 206, effective June 4, 1995; repealed, 39 SDR 220, effective June 27, 2013.

67:42:11:14. Railings. All floor and wall openings, open-sided stairs, platforms, and decks, which are thirty inches or more above the adjacent ground level, must be guarded by a railing or barrier, that conforms with applicable building code requirements. Source: 13 SDR 197, eff…

67:42:11:15. Hazardous conditions. Hazardous cleaning solutions, chemicals, poisons, and substances must be labeled, and stored in a safe place or kept in an enclosed cabinet that is inaccessible to clients.The department may direct a facility to remove or correct other hazardous…