South Dakota Administrative Code

67:42:17:40. Pets. A pet, while permitted in the presence of children receiving care, must be current with its vaccinations, and have clean and sanitary living areas, at all times. A pet with a history of aggressive behavior, which poses a risk to the safety of children, must be …

67:42:17:41. Prevention of child maltreatment. A provider shall meet the physical, social, emotional, and cognitive needs of a child, and identify procedures to implement behavior management strategies for use with children in care. Behavior management strategies must offer limit…

67:42:17:42. Required child records. A provider shall maintain a record for each child that includes: (1) The child's name and date of birth; (2) The parent or guardian's name and telephone number; (3) An emergency contact name and telephone number; (4) Parental permission for em…

67:42:17:43. Emergency preparedness and response planning. A provider shall have: (1) A written emergency preparedness and response plan for emergencies resulting from a natural disaster or a man-caused event; (2) A written plan for evacuation, relocation, shelter-in-place, or a …

67:42:17:44. Handling, storage, and disposal of hazardous materials. All toxic or hazardous substances must be: (1) Inaccessible to children; (2) Used according to manufacturer’s instructions; (3) Stored in the original or other labeled container; and (4) Disposed of according to…

67:42:17:45. Transportation. The following requirements apply to the transportation of a child: (1) A parent or guardian shall provide written permission for the transportation of their child; (2) The vehicle may not carry more people than its passenger capacity, as stated on the…

67:42:17:46. Pediatric first aid and cardiopulmonary resuscitation. A provider shall complete pediatric first aid training every five years and maintain documentation of the training. A provider must be certified in pediatric cardiopulmonary resuscitation. The certification must …

67:42:17:47. Reporting of child abuse and neglect. A child care provider shall immediately report any suspected abuse or neglect of a child to child protective services, law enforcement, or the States Attorney’s office, and cooperate fully in the investigation of any incident. So…

67:42:17:48. Night-time care. If care is provided between 7:00 p.m. and 6:00 a.m., the following requirements apply: (1) Center providers on duty must be awake and alert to the needs of children; (2) Family day care providers must be accessible and responsive to children who awak…

67:42:17:49. Parental access. A parent must be allowed to observe their child or children at any time. A parent must be notified by the provider immediately regarding any serious injuries received while the child is under care of the provider. A parent must be notified by the pro…

67:42:17:50. Fair hearing. A provider may request a fair hearing if the provider is dissatisfied with any action taken on an application or license or registration certificate. A fair hearing must be conducted under chapter 67:17:02. Source: 49 SDR 124, effective July 3, 2023. Ge…

67:42:18:01. Definitions. Terms used in this chapter mean: (1) "Household member" a person who uses the home of the kinship foster parent applicant or a licensed kinship foster home as a permanent or part-time residence and who may have contact with any child placed in the home; …

67:42:18:02. Initial evaluation and approval -- Renewal of license. The licensing agency shall conduct an initial evaluation of an applicant that includes: (1) A minimum of three reference checks with at least one reference being a family member and at least one reference being a…

67:42:18:03. Supervision. The licensing agency that issues a license to a kinship foster parent shall supervise the kinship foster parent. The kinship foster parent must inform the licensing agency if the kinship foster parent accepts a child from another placement agency or from…

67:42:18:04. Licensing record. With the exception of reference documents, the licensing agency shall make the contents of a kinship foster parent's licensing record available for review and comment upon request of the kinship foster parent. When a kinship foster parent renews a l…

67:42:18:05. Closing an application or license. The licensing agency must close an application for a kinship foster parent if: (1) The applicant voluntarily withdraws the application; or (2) The applicant fails or refuses to provide the requested information needed for the evalua…

67:42:18:06. Denial of license. The licensing agency must deny a kinship foster parent applicant a license if the applicant does not meet the standards for care found in this chapter. Within ninety days after the application is received, the department shall send the applicant a …

67:42:18:07. Revocation of license. The licensing agency may revoke a license due to noncompliance with a licensing standard found in this chapter by providing a thirty-day written notice to the kinship foster parent. The thirty-day written notice is not required if the licensing…

67:42:18:08. Fair hearing. Providers and applicants shall be entitled to fair hearings in accordance with the provisions of SDCL 28-6-6 and chapter 67:17:02. Source: 51 SDR 127, effective June 1, 2025. General Authority: SDCL 26-6-16. Law Implemented: SDCL 26-6-16, 26-6-24.…

67:42:18:09. General qualifications. To be licensed or relicensed as a kinship foster parent, the following criteria must be met: (1) The applicant is at least nineteen years of age and resides in a stand-alone dwelling or a unit in a multiple-unit dwelling, which provides person…

67:42:18:10. Ability to provide care. A kinship foster parent applicant shall demonstrate the ability to provide care to the kinship child that meets the child’s intellectual, physical, social, and emotional needs. The applicant's ability is determined by the applicant's capacity…

67:42:18:11. Program requirements. A kinship foster parent shall: (1) Provide daily activities designed to promote the physical, social, intellectual, and emotional development of the children in the home in accordance with the reasonable and prudent parent standard; (2) Make dec…

67:42:18:12. Screening for substantiated reports of abuse and neglect. The department shall screen a kinship foster parent applicant and the applicant's family members and household members, who are at least eighteen years old, for substantiated incidents of child abuse or neglec…

67:42:18:13. Criminal record check. The department shall secure a criminal record check to obtain information concerning convictions for criminal offenses by a prospective kinship foster parent and any other adult living in the prospective kinship foster home. An applicant is not…

67:42:18:14. Training and development. The licensing agency shall assess the unique training needs of each kinship foster parent, consider the specific needs of the family and any children in the family's care, and assist in identifying appropriate training resources to support t…

67:42:18:15. Health standards required of applicant and applicant's family. Each household member shall provide a health history, including any history of drug or alcohol abuse or treatment, and must disclose any current mental health or drug or alcohol abuse issues. The applican…

67:42:18:16. Maintenance of records. A kinship foster parent shall maintain a record on each kinship child living in the home. The record must include: (1) The child's name; (2) The date of the child's placement; (3) The date the child is removed from the kinship foster parent; (…

67:42:18:17. Reporting requirements. A kinship foster parent shall immediately report all incidents of suspected child abuse or neglect either to the department or to law enforcement. Upon the occurrence of any unusual incident of fire, death, runaway of a child, child and provid…

67:42:18:18. Confidentiality. A kinship foster parent shall maintain all information in confidence from any unauthorized individual that concerns a kinship child living in the home. The details of a child's life or that of the child's family may not be shared with an unauthorized…

67:42:18:19. Transportation. A vehicle used for transportation of a kinship child may not carry more people than the passenger capacity stated on the label affixed to the vehicle pursuant to 49 C.F.R. §§ 567 and 568 (March 9, 2022) and must be equipped with safety restraints. The…

67:42:18:20. Vehicle insurance. Each vehicle used for transporting a kinship child must have liability insurance that covers the child being transported. Source: 51 SDR 127, effective June 1, 2025. General Authority: SDCL 26-6-16. Law Implemented: SDCL 26-6-16.

67:42:18:21. Living space requirements. A kinship foster home must have: (1) A toilet, sink, and tub or shower in operating condition; (2) Adequate light, heat, and ventilation; and (3) Access to a working telephone for general and emergency use. Source: 51 SDR 127, effective Jun…

67:42:18:22. Fire safety requirements. A kinship foster home must: (1) Be equipped with working smoke detectors, installed according to the manufacturer's instructions, that can be heard under normal living conditions in each bedroom, outside of each sleeping area, and on every l…

67:42:18:23. Water source and temperature. A kinship foster home must derive the water used by any household member for consumption and bathing from a public water system or other potable water source. Hot water from plumbing fixtures normally utilized by a kinship child may not …

67:42:18:24. Safety caps. In a kinship foster home where care is provided for a child aged four years or younger, any unused electrical outlet within thirty-six inches of the floor must be a tamper-resistant outlet or be covered by an Underwriters Laboratory-approved electrical s…

67:42:18:25. Railings. In a kinship foster home, all floor and wall openings, open-sided stairs, platforms, and decks, thirty inches or more above the adjacent ground level, must be guarded by a railing or barrier that conforms with the applicable building code requirements. Sour…

67:42:18:26. Exits. A kinship foster home must have two remote exits on each level used to care for a kinship child. Each exit must provide unobstructed access to the outside. One exit must be a door or stairway that provides unobstructed access to the outside of the building at …

67:42:18:27. Sleeping space. A kinship foster home must have sufficient sleeping space to comfortably accommodate a kinship child in care as well as the kinship foster parent's family. The kinship foster home must meet the following requirements: (1) The kinship foster parent mus…

67:42:18:28. Sanitation requirements. The kinship foster parent must keep the kinship foster home clean, neat, and free of litter and rubbish. Hazardous cleaning solutions, chemicals, and poisons must be labeled and kept in an enclosed cabinet that is not accessible to a kinship …

67:42:18:29. Nutrition requirements. A kinship foster parent shall ensure a kinship child has meals that are sufficient to meet the child's nutritional needs. The kinship foster parent shall adhere to any special diet prescribed by a physician or dietitian for the kinship child. …

67:42:18:30. Food quality. A kinship foster parent shall ensure all food is free from spoilage and contamination, and is safe for human consumption. Source: 51 SDR 127, effective June 1, 2025. General Authority: SDCL 26-6-16. Law Implemented: SDCL 26-6-16.

67:42:18:31. Discipline. A kinship foster parent shall use positive guidance and redirection, and set clear-cut limits for discipline, to help a kinship child develop self-control, self-esteem, and respect for the rights of others. A kinship foster parent shall discuss methods of…

67:42:18:32. Hazardous conditions. The following must be inaccessible to a kinship child unless the child is under adult supervision: (1) Firearms, including pellet guns, BB guns, and cap guns; (2) Ammunition; (3) Archery bows and arrows; and (4) Matches and lighters. Firearms st…

67:42:18:33. Water safety. A kinship foster home must meet the following water safety requirements: (1) If an outdoor swimming pool is on the premises, the swimming pool must be emptied after each use by the caretaker or enclosed with a five-foot fence and a self-closing, latchin…

67:42:18:34. Safety equipment and training. A kinship foster parent shall ensure the kinship child in care has the safety equipment and training necessary to safely engage in each activity the child participates in, including: (1) Boating; (2) Recreational vehicle use; (3) Sports…

67:42:18:35. Emergency preparedness. An applicant or kinship foster parent shall maintain a list of emergency telephone numbers that includes poison control, police, fire department, and hospital, and post those numbers in a prominent place in the home. An applicant or kinship fo…

67:44:03:01. Definitions. Terms used in this chapter mean: (1) "Activities of daily living," tasks performed routinely by a person to maintain physical functioning and personal care; (2) "Adult companion services," nonmedical care, assistance, supervision, and socialization provi…

67:44:03:02. Eligibility requirements. An individual is eligible for HOPE waiver services if the individual is not receiving services under chapters 67:54:04, 67:54:06, or 67:54:09, and meets the following requirements: (1) The individual is age sixty-five or older, or eighteen o…

67:44:03:03. Applicable provisions of article 67:46. The following rules apply to applicants and participants of HOPE waiver services: (1) Chapter 67:45:01; (2) Chapter 67:46:01; (3) Chapter 67:46:02; (4) Chapter 67:46:03; (5) Chapter 67:46:04; (6) Chapter 67:46:05; (7) Chapter 6…

67:44:03:03.01. Assessment. To apply for HOPE waiver services, an individual must participate in an initial assessment. Thereafter the participant must participate in an ongoing assessment annually, or as required by the department. Source: 51 SDR 36, effective September 30, 2024…