Title 26, MINORS

A provisional license may be issued to any agency whose services are needed but which is temporarily unable to conform to all the provisions of the established standards of care. No provisional license may be issued for more than three consecutive years. Source: SL 1939, ch 168 ,…

A license for child welfare agency activities under subdivisions 26-6-14(3), (6), and (7) shall remain in effect until revoked or suspended. Any other license under this chapter is effective for one year from the date of issuance and shall be renewed annually on application of th…

A child welfare agency shall be licensed, pursuant to the provisions of this chapter, for activities which fall within one or more of the following categories: (1) The providing of group care, maintenance, supervision, and protection of children on a regular full-time basis as a …

For the purposes of this chapter, family day care means providing care and supervision of children from more than one unrelated family, in a family home, on a regular basis for part of a day as a supplement to regular parental care, without transfer of legal custody or placement …

No person who has been convicted of child abuse pursuant to chapter 26-10 ; a sex offense pursuant to chapter 22-22 ; or, within the preceding five years, any other felony; and no person whose name appears on the sex offender registry or on the central registry for child abuse an…

Any person who has been convicted of child abuse pursuant to chapter 26-10 ; a sex offense pursuant to chapter 22-22 ; or, within the preceding five years, any other felony; or whose name appears on the sex offender registry or on the central registry for child abuse and neglect …

A county or municipality may exempt a before and after school day care program from its zoning, uniform building, and fire and life safety code provisions if the day care program is accessory to a church, nonprofit youth organization, hospital, public or private school, or office…

Information obtained from another state's child abuse and neglect central registry or from the national crime information databases for the purpose of conducting a background check under § 26-6-14.5 or for approval of a foster or adoptive placement may be used for purposes relate…

Application for registration for operation of a family day care home shall be made on forms provided by the Department of Social Services and in the manner prescribed by the department. The secretary of social services shall promulgate rules regulating family day care homes provi…

Before issuing a child welfare license pursuant to § 26-6-14 , the department shall ensure that the child welfare agency has secured from an appropriate law enforcement agency a criminal record to determine whether the applicant or any other person specified in § 26-6-14.4 has ev…

In addition to the applicant, §§ 26-6-14.3 to 26-6-14.7 , inclusive, shall be applicable to the criminal conviction of the following persons: (1) Adults responsible for administration or direct supervision of staff; (2) Any adult residing in the facility; (3) Any adult, including…

Subsequent to initial licensure, any person specified in § 26-6-14.4 shall, as a condition to employment, residence, or presence in a child welfare agency sign the waiver set forth in § 23-5-12 , be fingerprinted and sign a declaration under penalty of perjury regarding any prior…

For purposes of §§ 26-6-14.3 to 26-6-14.7 , inclusive, or any other provision of this chapter, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere in this state or any other state. Any action which the department is permitted to take…

For the purposes of compliance with §§ 26-6-14.3 to 26-6-14.7 , inclusive, the department shall permit an individual to transfer a current criminal record clearance, as defined in § 26-6-14.3 , from one facility to another when changing employment. The department shall supply the…

For the purposes of §§ 26-6-14.8 to 26-6-14.11 , inclusive, unregistered family day care means the providing care and supervision of children from more than one unrelated family, in a family home, on a regular basis for part of a day as a supplement to regular parental care, with…

Any provider of unregistered family day care may submit his name and the names of any employees or residents at the home, to the Department of Social Services, on forms supplied by the department. The department shall conduct central registry and substantiated abuse or neglect re…

Each license or registration certificate shall specify the name, location, and the kind of child welfare work the licensee or registrant may undertake, the number of children that can be received and their ages and sex, and if authorized to place and supervise children in family …

In addition to the number of children for which a family day care home, group family day care home, or day care center is registered or licensed to provide care pursuant to § 26-6-15 , the facility may care for the following numbers of children, if the children are of school age,…

Any day care center operating a preschool program may provide care for an additional number of children, not to exceed ten percent of the number of children for which the center is licensed pursuant to § 26-6-15 , if the additional children are in attendance at the center only fo…

The Department of Social Services shall promulgate rules pursuant to chapter 1-26 to establish standards of care of children outside their own homes by licensed or registered child welfare agencies. The rules may not include requirements as to incorporation as nonprofit entities,…

The boards of county commissioners of the several counties and the governing boards of municipalities may establish and maintain day care centers as defined in subdivision 26-6-14(3), and may contribute sums of money annually to establish, promote, and support nonprofit organizat…

For the purpose of carrying out the provisions of §§ 26-6-18.1 to 26-6-18.4 , inclusive, the boards of county commissioners and the governing bodies of municipalities shall appropriate the necessary money from their general fund. Source: SL 1975, ch 69 , § 1; SL 1985, ch 77 , § 1…

Payments to nonprofit organizations engaged in these programs shall be based on programs previously approved by the governing boards. Complete records on all their activities and a certified audit of these records shall be submitted to the governing boards upon demand and at the …

A county or municipality may exempt a day care program from its zoning, uniform building, and fire and life safety code provisions if the day care program is accessory to a church, nonprofit youth organization, hospital, public or private school, commercial building, or office bu…

The State Department of Health and its duly authorized agent may visit any child welfare agency to advise the agency on matters affecting the health of children and to inspect the sanitation of the buildings used for their care. Source: SL 1939, ch 168 , § 4; SDC Supp 1960, § 55.…

Each child welfare agency shall keep and provide records regarding each child in its control and care to the Department of Social Services as the department may require. All records regarding children and all facts learned about children and their parents or relatives are confide…

Terms used in §§ 26-6-20.1 to 26-6-20.10 , inclusive, unless the context otherwise requires mean: (1) "Group homes or care centers," facilities licensed pursuant to the provisions of subdivision 26-6-14(1). (2) "Residents," persons committed or cared for in any home, center, or o…

If, upon the death of a resident and after notification to a known guardian or conservator or relatives of property belonging to the resident, not exceeding two hundred dollars in value, the property remains unclaimed for sixty days, such property shall escheat directly to the st…

Every group home or care center, which holds moneys and funds of residents of such home, or center, shall keep such moneys and funds separate, intact, and free from any liability which the facility incurs. Source: SL 1977, ch 279 , § 2.

Residents' moneys not kept in the center, home, or facility, shall be deposited in a demand trust account in a local bank authorized to do business in South Dakota, except, however, that a public agency which is subject to §§ 26-6-20.1 to 26-6-20.10 , inclusive, shall deposit suc…

If the amount of money entrusted to a home, center, or facility covered pursuant to the provisions of §§ 26-6-20.1 to 26-6-20.10 , inclusive, exceeds the amount of sixty dollars for any resident, any money in excess of that amount shall be deposited in a demand trust account purs…

Each group home or care center, covered by §§ 26-6-20.1 to 26-6-20.10 , inclusive, which is handling or will handle money on a monthly basis of over fifty dollars per resident per month, or over five hundred dollars for all residents per month, shall file with the agency licensin…

Every group home or care center, or other facility covered by the provisions of §§ 26-6-20.1 to 26-6-20.10 , inclusive, shall, in addition to the requirements of § 26-6-20.2 , maintain adequate safeguards and accurate records of residents' moneys and funds which are entrusted to …

Records which are maintained pursuant to §§ 26-6-20.1 to 26-6-20.10 , inclusive, to account for residents' funds and valuables, shall be made available to a public audit of the home, center, or other facility, which is required to keep and maintain the same. Source: SL 1977, ch 2…

Failure of any group home or care center to keep complete records or to comply with any other provision of §§ 26-6-20.1 to 26-6-20.1 0, inclusive, shall constitute cause for revocation of the licenses held by the administrator or operator of such homes, centers, or facilities. So…

Upon discharge of a resident, all moneys and funds of that resident which have been entrusted to the home, center, or other facility covered by §§ 26-6-20.1 to 26-6-20.10 , inclusive, shall be surrendered to the resident, his guardian, conservator, or to his parents if a minor, i…

Any licensed child welfare agency may place children in family homes for care or for adoption if authorized to do so in the license issued by the Department of Social Services. Whenever a child welfare agency licensed to place children for adoption shall have been given the perma…

If at any time the Department of Social Services finds that a child in a child welfare agency is subject to undesirable influences or lacks proper and wise care and management, it shall notify the child welfare agency who has placed the child in the agency to remove him from the …

The Department of Social Services may revoke or refuse to issue or renew any license or registration certificate of a child welfare agency if the applicant, licensee, or registrant willfully and substantially: (1) Fails to meet the department's standards for licensure or registra…

The department may revoke or refuse to issue or renew the license or registration certificate of any child welfare agency if the owner or operator of the agency, a staff member, a member of the facility owner's family residing at the facility, or any other resident of the facilit…

The department shall conduct central registry background checks on all known employees of any child welfare agency. Source: SL 1988, ch 211 , § 3.

No license or registration certificate of a child welfare agency may be revoked or renewal refused, unless the holder of the license or registration certificate is given notice by registered mail of the facts or conduct which warrant the intended action. If the intended action is…

Whenever the Department of Social Services is advised or has reason to believe that any person is conducting or maintaining a child welfare agency without a license or registration certificate as required by this chapter, it shall have an investigation made. If the person is cond…

Nothing contained in this chapter applies to educational services performed by an institution, school, or nursery school if the care and maintenance of children is only incidental to the operation of the school, to services performed by summer or recreational camps designed prima…

Each year, the Department of Social Services shall reduce the number of children who have been in foster care more than twenty - four months and who have received or are receiving assistance under Title IV - E of the Social Security Act. The amount of the reduction shall be one -…

This chapter does not apply to agencies which provide shelter, food, or counseling to a battered spouse and his children if the parent remains responsible for the care of his child. Source: SL 1985, ch 211 , § 16.