South Dakota Administrative Code

67:42:16:09. Reporting incidents or changes in circumstances. Repealed. Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

67:42:16:10. Denial of license or registration certificate. Repealed. Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

67:42:16:11. Revocation of license or registration certificate. Repealed. Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

67:42:16:12. Fair hearing. Repealed. Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

67:42:16:13. Maintenance of records. Repealed. Source: 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.

67:42:16:14. Confidentiality. Repealed. Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

67:42:16:15. Transportation. Repealed. Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

67:42:16:16. Insurance. Repealed. Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

67:42:16:17. Final inspection reports -- Required posting. Repealed. Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

67:42:16:18. Telephones. Repealed. Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

67:42:16:19. Supervision. Repealed. Source: 43 SDR 31, effective September 12, 2016; 49 SDR 124, effecetive July 3, 2023.

67:42:17:01. Definitions. Terms used in this chapter mean: (1) “Center program,” a day care center, as referenced in SDCL subdivision 26-6-14(3), and a group family day care home, as referenced in SDCL subdivision 26-6-14(5); (2) “Director,” the representative of the agency or or…

67:42:17:02. Application for license or registration certificate. Before submitting to the department an application for licensure, a center or school-age program shall submit to the department a copy of a building, renovation, or alteration plan, and obtain the department's appr…

67:42:17:03. Inspection. The department shall conduct at least one pre-licensure inspection, and one unannounced inspection annually, to determine compliance with the licensing requirements. If the inspection results in a plan of correction, the department shall provide a copy of…

67:42:17:04. Required posting. A provider shall prominently display the department's licensing telephone number and website in the home or licensed facility. Source: 49 SDR 124, effective July 3, 2023. General Authority: SDCL 26-6-16. Law Implemented: SDCL 26-6-16(2)(6).…

67:42:17:05. Revocation of a license or registration certificate. The department may revoke a license or registration certificate, due to noncompliance with a licensing or registration standard, by providing a thirty-day written notice to the provider. The thirty-day written noti…

67:42:17:06. Required reporting of an incident or a change in circumstances. A provider shall, within twenty-four hours, report to the department. (1) A change of address; (2) Any major change in the operation or ownership of the program; (3) A change in the household size or com…

67:42:17:07. Owner and director responsibilities. The owner and director are responsible for the day-to-day operation of the program, including the supervision of staff and compliance with all licensing standards. Source: 49 SDR 124, effective July 3, 2023. General Authority: SDC…

67:42:17:08. Owner qualifications. The owner of a licensed child care or school-age program may be an agency, institution, organization, or a natural person who is at least eighteen years of age. Source: 49 SDR 124, effective July 3, 2023. General Authority: SDCL 26-6-16. Law Imp…

67:42:17:09. Program administrator qualifications. The program administrator is the director or individual responsible for planning and implementing the program in a licensed child care or school-age program and must be at least eighteen years of age and: (1) Have a bachelor's de…

67:42:17:10. Provider qualifications. All providers shall be at least eighteen years of age and demonstrate and maintain the ability to provide care that attends to the child's physical growth and development and to the physical, emotional, cognitive, and social needs of the chil…

67:42:17:11. Assistant qualifications -- Licensed child care and school-age program. In a licensed child care or school-age program, a provider’s assistant must be at least fourteen years old, may not be left alone with children in care, and may be counted in the staff-child rati…

67:42:17:12. Assistant qualifications -- Family day care program. A family day care assistant must be at least fourteen years old. A family day care assistant who is under the age of eighteen may be included in the adult-child ratio only if another adult is present in the home. A…

67:42:17:13. Background check. All child care providers, program employees age fourteen and older, and family day care household members age eighteen and older, shall meet federal background check requirements. An individual may not provide care, or work in a child care setting, …

67:42:17:14. Notice to provider. Upon completion of a background check, the department must notify the program or family day care provider of an individual’s eligibility or ineligibility for employment. If the individual is ineligible for employment, the department must include g…

67:42:17:15. Provider employee records. A child care provider shall maintain a record for each employee that includes: (1) The employee's name and date of birth; (2) The dates on which the employee began and ended employment; (3) Documentation of orientation and ongoing annual tr…

67:42:17:16. Confidentiality. The files and records of a provider are confidential. A child’s records, photographs, and information about a child or the child's family may not be shared or publicly posted, unless the parent signs a consent form. Nothing in this section prevents l…

67:42:17:17. Orientation training. All providers shall, within ninety days after the date of employment, complete and obtain documentation of orientation training in the following areas: (1) Prevention and control of infectious diseases; (2) Prevention of sudden infant death synd…

67:42:17:18. Ongoing training requirements. All providers must obtain annual training in the topic areas identified in 45 C.F.R. § 98.41, in effect on September 30, 2016, or as identified by the department. Training must be documented and relevant to the provider’s position as de…

67:42:17:19. Group size -- Center and school-age programs. Maximum group sizes are determined by individual room capacity and all space used must be approved for care by the department. The provider shall ensure the number of children in care at any given time does not exceed the…

67:42:17:20. Supervision -- Center and school-age programs. A center provider supervising children must be in the same room with the children or on the playground with the children, and must be able to see or hear the children, at all times. If children are in a school-age progra…

67:42:17:21. Center and school-age program ratio. A center or school-age program must maintain the following ratios: (1) Five children to one staff for children up to three years of age; (2) Ten children to one staff for children three through four years; and (3) Fifteen children…

67:42:17:22. Center and school-age program ratio -- Mixed age group. A program that serves twenty or fewer children, and routinely operates a mixed age group, shall meet a ratio of ten children to one staff. Each provider may care for a maximum of four children under the age of t…

67:42:17:23. Supervision, ratios and group size -- Family day care. A family day care provider may care for up to twelve children in the provider's home. A family day care provider shall, at all times, supervise children by hearing or seeing children and be close enough to interv…

67:42:17:24. Health standards and immunizations for day care children. Before a child may be admitted to a registered or licensed day care provider, the provider must require the child's parent or guardian to submit a statement, signed by a licensed physician, physician's assista…

67:42:17:25. Sanitation requirements. All equipment, utensils, kitchenware, dining tables, and food contact surfaces of equipment must be washed, rinsed, and sanitized after each meal. Toys capable of being placed in a child's mouth must be cleaned and sanitized daily, using a so…

67:42:17:26. Safe sleep practices. A nap mat, blanket, or other sleep surface, other than the floor, for children over one year of age must be available for each child during nap time. A sleep surface must be maintained in good repair. A provider shall follow the safe sleep pract…

67:42:17:27. Medication administration. Before any medication is administered to a child, permission of the parent or guardian must be documented and must include the name of the child, the name of the medication, and the dates, times, and dosage of the medication. The medication…

67:42:17:28. Medication storage. Medication must be stored in a place that is inaccessible to children. The provider shall refrigerate medication requiring refrigeration. Refrigerated medication must be placed in a nonabsorbent container that is labeled medications. Source: 49 SD…

67:42:17:29. Allergic reactions. A provider shall have a written care plan for each child who has a known food allergy. The plan must contain instructions regarding any food allergens, steps to be taken to avoid that food, and a detailed treatment plan to be implemented if the ch…

67:42:17:30. Menu requirements. Providers shall post a weekly menu that indicates meals and snacks to be served that week. Source: 49 SDR 124, effective July 3, 2023. General Authority: SDCL 26-6-16. Law Implemented: SDCL 26-6-16(6)(8).

67:42:17:31. Infant food safety. An infant shall be fed according to the infant's schedule. The provider shall hold the infant's bottle when feeding the infant. The provider may not feed an infant by propping up the infant's bottle. Food, including breast milk and formula, must b…

67:42:17:32. Building requirements. All walls, ceilings, floors, and equipment must be easily cleanable, kept clean, and in good repair. Heating and cooling systems must maintain a temperature between sixty-five degrees Fahrenheit and seventy-five degrees Fahrenheit. For a child …

67:42:17:33. Bathroom and sink requirements. A provider shall meet the following requirements regarding bathrooms: (1) Bathroom facilities must be easily accessible by children and providers; (2) Hot water for faucets normally used by children in care may not exceed one hundred t…

67:42:17:34. Physical capacity requirements. A center program must have available a minimum of thirty-five square feet of play space indoors and fifty square feet of play space outdoors for each child. A school-age program must have a minimum of twenty-five square feet of play sp…

67:42:17:35. Playground requirements. Playgrounds for all child care settings must be safe, in good repair, and free of debris, trash, and weeds. Playground equipment must be installed according to the manufacturer’s instructions and maintained in good repair. For a center progra…

67:42:17:36. Water safety. A provider shall meet the following water safety requirements: (1) If an outdoor swimming pool is on the premises, it must be emptied after each use or enclosed with a five-foot fence and a self-closing, latching gate that can be locked while not in use…

67:42:17:37. Construction and fire safety requirements. Center and school-age programs operating outside of a school building shall follow applicable construction and fire safety requirements, as outlined in chapters 61:15:05 and 61:15:06. School-age programs operating in a schoo…

67:42:17:38. Hazardous conditions. The following must be inaccessible to a child: (1) Firearms; (2) Pellet guns, BB guns, and cap guns; (3) Matches and lighters; (4) Tobacco products; (5) Choking and strangulation hazards; (6) Items capable of being pulled or tipped onto a child;…

67:42:17:39. Electrical outlet covers. For family day care providers, unused electrical outlets must have an outlet plug cover, have a tamper-resistant cover, or be made inaccessible to a child. For center and school-age programs, unused electrical outlets must have a self-closin…