CHAPTER 67:42:01
PROVISIONS AND SCOPE OF SERVICES
Section
67:42:01:01 Definitions.
67:42:01:02 Application of chapter 67:42:01.
67:42:01:03 Repealed.
67:42:01:04 Repealed.
67:42:01:04.01 Repealed.
67:42:01:05 Initial evaluation and approval -- Renewal of license.
67:42:01:05.01 Criminal record check.
67:42:01:05.02 Screening for substantiated reports of abuse and neglect.
67:42:01:05.03 Notice to facility.
67:42:01:06 Ability to provide care.
67:42:01:06.01 Reasonable and prudent parent standard requirements.
67:42:01:07 Physical health standards required of applicant and applicant's family.
67:42:01:08 Repealed.
67:42:01:09 Repealed.
67:42:01:10 Repealed.
67:42:01:11 Repealed.
67:42:01:12 Reporting of incidents or changes in circumstances.
67:42:01:13 Repealed.
67:42:01:14 Repealed.
67:42:01:14.01 Transferred.
67:42:01:15 Repealed.
67:42:01:16 Denial of license.
67:42:01:17 Repealed.
67:42:01:18 Revocation of license.
67:42:01:19 Repealed.
67:42:01:20 Fair hearing.
67:42:01:21 Maintenance of records.
67:42:01:22 Confidentiality.
67:42:01:23 Repealed.
67:42:01:24 Transportation.
67:42:01:25 Repealed.
67:42:01:26 Repealed.
67:42:01:27 Repealed.
67:42:01:28 Repealed.
67:42:01:29 Repealed.
67:42:01:30 Repealed.
67:42:01:31 Repealed.
67:42:01:32 Repealed.
67:42:01:33 Repealed.
67:42:01:34 Annual audit.
67:42:01:35 Insurance.
67:42:01:36 Repealed.
67:42:01:37 Telephones.
67:42:01:01. Definitions. Terms used in this article mean:
(1) "Alternative care," care provided in family foster homes, group care centers for minors, group care centers meeting the qualifications of residential treatment centers as defined in § 67:42:08:01, independent living preparation programs, and intensive residential treatment centers;
(2) "Applicant," an individual, agency, institution, or organization, which submits to the department an application for a license or registration certificate, as provided in this article;
(3) "Case plan," a plan that is written in cooperation with a client and:
(a) Explains the client's social, psychological, medical, or economic problems;
(b) Contains solutions to the problems; and
(c) Describes the necessary steps and schedule to resolve the problems;
(4) "Client," a person receiving assistance or service from the department;
(5) "Department," the Department of Social Services;
(6) "Employee applicant," an individual applying to a provider for employment;
(7) "Facility," a family foster home, group care center for minors, residential treatment center, child placement agency, independent living preparation program, or intensive residential treatment center, licensed under this article;
(8) "Household member," a person who uses a facility, other than a child placement agency, as a permanent or part-time residence and who may have contact with any children placed in the facility;
(9) "License," the document described in SDCL 26-6-15, which certifies that a provider meets applicable licensing standards contained in this article;
(10) "Provider," an individual, agency, institution, or organization providing any of the services covered in this article;
(11) "Provider applicant," an individual, agency, institution, or organization applying to be a provider under this article;
(12) "Reasonable and prudent parent standard," the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interest of a child, while at the same time encouraging the emotional and developmental growth of the child, and which a caregiver shall use when determining whether to allow a child in foster care or in a child care institution under the responsibility of the state, to participate in extracurricular, enrichment, cultural and social activities;
(13) "Staff member," an employee or volunteer of a facility; and
(14) "Volunteer applicant," an individual applying to provide voluntary services for a provider.
Source: 4 SDR 2, effective July 25, 1977; 6 SDR 31, effective September 30, 1979; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 20 SDR 223, effective July 7, 1994; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 32 SDR 33, effective August 31, 2005; 39 SDR 220, effective June 27, 2013; 42 SDR 97, effective January 4, 2016; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
67:42:01:02. Application of chapter 67:42:01. The provisions of chapter 67:42:01 apply to alternative care homes regulated by chapters 67:42:05; 67:42:07 to 67:42:09, inclusive; 67:42:13; and 67:42:15 unless otherwise specified.
Source: 4 SDR 2, effective July 25, 1977; 6 SDR 31, effective September 30, 1979; 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; 21 SDR 206, effective June 4, 1995; 27 SDR 63, effective December 31, 2000; 31 SDR 40, effective September 29, 2004; 32 SDR 33, effective August 31, 2005; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
67:42:01:03. Development of resources for Title XX services.Repealed.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective November 21, 1983.
67:42:01:04. Application for license or registration certificate. Repealed.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 21 SDR 206, effective June 4, 1995; repealed, 39 SDR 220, effective June 27, 2013.
67:42:01:04.01. Documentation of need. Repealed.
Source:
7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21,
1983; 12 SDR 4, effective July 25, 1985; 14 SDR 98, effective January 18, 1988;
20 SDR 223, effective July 7, 1994; 21 SDR 206, effective June 4, 1995; 32 SDR
33, effective August 31, 2005; repealed, 34 SDR 200, effective January 30,
2008.
67:42:01:05. Initial evaluation and approval -- Renewal of license. The department's initial evaluation of the applicant includes three reference checks, personal interviews, a screening for records of abuse or neglect, a criminal record check, and on-site visits.
Based on the evaluation, the department shall determine whether to issue a license. A family foster home must complete an annual renewal study. Renewal of a license is based on the department's annual evaluation of the facility and care provided.
Except as otherwise provided, family foster parent applicants must complete an initial home study that includes at least one scheduled in-home interview for each household member. The department may elect to observe, rather than interview, a household member, based on the member's age or development. The initial home study must include three references, with at least one reference being a family member and at least one reference being a non-relative.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 12 SDR 4, effective July 25, 1985; 20 SDR 223, effective July 7, 1994; 21 SDR 206, effective June 4, 1995; 27 SDR 63, effective December 31, 2000; 39 SDR 220, effective June 27, 2013; 47 SDR 24, effective September 10, 2020.
General Authority: SDCL 26-6-16(1)(2)(6)(10)(11).
Law Implemented: SDCL 26-6-11, 26-6-16(1)(2)(6)(10)(11), 26-6-23.2.
Cross-Reference: Screening for substantiated reports of abuse and neglect, § 67:42:01:05.02.
67:42:01:05.01. Criminal record check. The department shall secure a criminal record check to obtain information concerning convictions for criminal offenses by a prospective foster parent as well as any other adult living in the prospective foster home. An individual is not eligible to receive a foster home license if the individual or any other adult living in the prospective foster home has a conviction for any of the following:
(1) A crime that would indicate harmful behavior towards children;
(2) A crime of violence as defined by SDCL 22-1-2 or a similar statute from another state;
(3) A sex crime pursuant to SDCL chapters 22-22 or 22-24A or SDCL 22-22A-3 or similar statutes from another state; or
(4) Within the preceding five years, a conviction for any other felony.
If an individual is seeking licensure from another child-placement agency, the department shall obtain the criminal record check for the child-placement agency if the child-placement agency is unable to obtain the record check on its own. If the criminal record check reveals a conviction for any of the crimes listed in this section, the department shall notify the child-placement agency of the existence of the conviction.
For all other child welfare agencies, the department shall review the provider's records to ensure that the criminal records are being secured to detect convictions for any of the crimes listed in this section.
Source: 17 SDR 157, effective April 23, 1991; 20 SDR 223, effective July 7, 1994; 21 SDR 206, effective June 4, 1995; 22 SDR 102, effective February 7, 1996; 27 SDR 63, effective December 31, 2000; 35 SDR 187, effective February 11, 2009; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-14.3, 26-6-16.
Law Implemented: SDCL 26-6-14.3, 26-6-14.11, 26-6-16.
Cross-References: Persons to whom criminal record requirement applies, SDCL 26-6-14.4; Waiver, fingerprinting and declaration as condition of employment -- Time -- Notification of licensee by department, SDCL 26-6-14.5; Revocation or refusal to issue or renew license or registration for child abuse or violence, SDCL 26-6-23.1; Information from another state's central registry or national crime database to be used only for background check for approval of foster or adoptive placement, SDCL 26-6-14.13; Required criminal records checks, 42 U.S.C. § 671(a)(20).
67:42:01:05.02. Screening for substantiated reports of abuse and neglect. The department shall screen a provider applicant, family members and other household members who are at least 18 years old, an employee of the facility, an employee applicant, a volunteer, and a volunteer applicant to determine if the individual has been involved in any substantiated incidents of child abuse or neglect. The individual may not have a substantiated report of child abuse or neglect. Substantiated reports of child abuse or neglect include reports placed into the department's central registry under § 67:14:39:03, reports placed on the central registry of another state in the last ten years, and reports that were investigated and substantiated by a tribal program.
If the screening locates an individual's name on the department's central registry and the individual has not already been given due process on the substantiation, the department shall notify the individual in writing that the individual may request a hearing to refute the accuracy of the information found. The hearing must follow the provisions of SDCL 26-8A-11 and chapter 67:14:39.
If the screening locates an individual's name on the central registry of another state, it is the individual's responsibility to contact the other state to access the process for removal of the individual's name from that state's central registry. If the other state has such a process and removes the individual's name from its central registry, the individual shall request the other state to submit documentation to the department verifying the removal of the individual's name from its central registry.
If the screening locates a report that was substantiated by a tribal program, it is the individual's responsibility to contact the tribal program to access the process for removal of the individual's name from the record of the report. If the tribal program has such a process and removes the individual's name from the record of the report, the individual shall request the tribal program to submit documentation to the department verifying the removal of the individual's name from the record.
Source: 20 SDR 223, effective July 7, 1994; 21 SDR 206, effective June 4, 1995; 22 SDR 102, effective February 7, 1996; 35 SDR 187, effective February 11, 2009; 47 SDR 24, effective September 10, 2020.
General Authority: SDCL 26-6-16(1)(6)(10).
Law Implemented: SDCL 26-6-11, 26-6-16(1)(6)(10), 26-6-23.2.
Cross-References: Revocation or refusal to issue or renew license or registration for child abuse or violence, SDCL 26-6-23.1; Central registry background checks on employees, SDCL 26-6-23.2; Substantiated reports, § 67:14:39:04.
67:42:01:05.03. Notice to facility. The department shall notify the facility that the name of the facility's employee, employee applicant, volunteer, or volunteer applicant was located through the screening process when one of the following occurs:
(1) Thirty days have lapsed since the department notified the individual that the name was located and the individual has not requested a review;
(2) Thirty days have lapsed since a review was held which upheld the department's action and the individual has not requested a fair hearing;
(3) A fair hearing was held and the decision upheld the department's action; or
(4) A screening in a state other than South Dakota resulted in a finding as outlined in SDCL 26-6-23.1.
Source: 20 SDR 223, effective July 7, 1994.
General Authority: SDCL 26-6-16.
67:42:01:06. Ability to provide care. An applicant shall demonstrate the ability to provide care to a client which meets the client's intellectual, physical, social, and emotional needs. The applicant's ability is determined by the capacity to provide the following:
(1) An understanding of, and encouragement and emotional support to, the client;
(2) Assistance to the client in coping with daily living experiences;
(3) Supervision of the client;
(4) If working with children, an understanding of child development and appropriate use of discipline; and
(5) Ability to apply the reasonable and prudent parent standard for the participation in age or developmentally-appropriate activities.
The applicant must also be able to participate with the department or a responsible party in devising and executing a case plan for a client.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; 39 SDR 220, effective June 27, 2013; 42 SDR 97, effective January 4, 2016.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-11, 26-6-16.
67:42:01:06.01. Reasonable and prudent parent standard requirements. The reasonable and prudent parent standard applies to facilities regulated by chapters 67:42:07, 67:42:08, 67:42:09, 67:42:13, and 67:42:15.
Under the standard, each facility is required to have at least one official onsite who, with respect to any child placed at the child care institution, is designated to be the caregiver authorized to apply the standard to decisions involving the participation of the child in age- or developmentally-appropriate activities. Each designated official shall receive training in how to use and apply the standard.
A child’s treatment plan or case plan must demonstrate implementation of the reasonable and prudent parent standard.
A facility is not liable for harm caused to a child in an out-of-home placement if:
(1) The child participates in an activity approved by the facility and the parent or guardian; and
(2) The facility has acted in accordance with the standard.
Source: 42 SDR 97, effective January 4, 2016; transferred from 67:42:07:04.01; 48 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(3)(6)(11).
Cross Reference:
Reasonable and prudent parent standard, § 67:42:01:01(12).
Treatment plan, § 67:42:07:05 (group care centers for minors).
Treatment plan, § 67:42:08:05 (residential treatment centers).
Foster care services, § 67:42:09:17 (child placement agencies).
Case plan requirements, § 67:42:13:03 (independent living preparation).
Treatment plan, § 67:42:15:10 (intensive residential treatment centers).
67:42:01:07. Physical health standards required of applicant and applicant's family. An applicant for family foster care must have a physical examination. A physical examination completed within the 12 months preceding the date of the application is acceptable. The applicant may obtain the physical examination forms from the department. The forms must be completed by the attending physician, physician's assistant, or certified nurse practitioner and returned to the department. Each household member must 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 applicant shall also present evidence to the department that each household member under the age of 18 meets the Department of Health's requirements for immunizations, unless the immunization is contrary to the individual's health as documented by a licensed health care professional or the application provides a signed written statement that the applicant adheres to a religious doctrine whose teachings are opposed to such immunization. The minimum immunization requirements for a child age 4 months through 6 years include: diphtheria, tetanus, and acellular pertussis (DTaP); poliovirus; measles, mumps, and rubella (MMR); and varicella. The minimum immunization requirements for a child age 7 through 18 include: tetanus, diphtheria, and acellular pertussis (Tdap); and meningococcal ACYW (MCV4). Each household member who will have contact with an infant or child with health issues that make them vulnerable to a serious or life-threatening condition if they are exposed to the influenza virus must receive an annual Influenza vaccine and have an up-to-date pertussis (whooping cough) vaccine.
Additional recommended immunizations include: Rotavirus, Haemophilus Influenzae Type b (Hib), Hepatitis A (Hep A), Hepatitis B (Hep B), and Pneumococcal.
The department may request additional medical statements if a situation, such as a change in the health of the applicant or another household member, indicates that an additional medical statement is desirable.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 12 SDR 4, effective July 25, 1985; 12 SDR 127, effective February 9, 1986; 15 SDR 94, effective January 1, 1989; 17 SDR 157, effective April 23, 1991; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 35 SDR 187, effective February 11, 2009; 39 SDR 220, effective June 27, 2013; 44 SDR 94, effective December 4, 2017; 47 SDR 24, effective September 10, 2020.
General Authority: SDCL 26-6-16(1)(6)(8).
Law Implemented: SDCL 26-6-11, 26-6-16(1)(6)(8).
67:42:01:08. Handicaps of applicant or provider.Repealed.
Source: 4 SDR 2, effective July 25, 1977; 4 SDR 66, 4 SDR 89, effective July 1, 1981; repealed, 23 SDR 191, effective May 22, 1997.
67:42:01:09. Validity of license or registration certificate. Repealed.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; repealed, 39 SDR 220, effective June 27, 2013.
67:42:01:10. Limitations on combining types of care. Repealed.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 12 SDR 4, effective July 25, 1985; 21 SDR 206, effective June 4, 1995; 27 SDR 63, effective December 31, 2000; repealed, 39 SDR 220, effective June 27, 2013.
67:42:01:11. On-site visits to determine compliance and evaluate activities. Repealed.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; repealed, 39 SDR 220, effective June 27, 2013.
67:42:01:12. Reporting of incidents or changes in circumstances. The provider shall report a change in circumstance that may affect the provider's ability to comply with the requirements of the provider's license or ability to provide adequate care. A change in circumstance includes items such as a change of address, a change in the household size, a change in the household composition, a change in the condition of the facility or home, or involvement with the Division of Child Protection Services or law enforcement concerning allegations of child abuse or neglect. The report must be made to the provider's licensing worker or agency within 24 hours after the change in circumstance occurs.
The provider shall immediately report all incidents of suspected child abuse or neglect either to the department or to law enforcement officials.
A family foster home, group care center for minors, residential treatment center, intensive residential treatment center, child placement agency, and independent living preparation program must report to the placing worker the occurrence of an unusual incident such as fire, death, client runaway, client/provider incompatibility, or serious injury to or serious illness of a client. The provider shall make the report to the placing worker immediately after ensuring that children in care are safe.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 12 SDR 4, effective July 25, 1985; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 31 SDR 40, effective September 29, 2004; 34 SDR 200, effective January 30, 2008; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16, 28-1-39.
Law Implemented: SDCL 26-6-16, 28-1-39.
Cross-References: Foster home services, § 67:42:09:18; Foster home record, § 67:42:09:25; Persons required to report child abuse or neglected child -- Intentional failure as misdemeanor, SDCL 26-8A-3; Oral report of abuse or neglect -- To whom made -- Response report, SDCL 26-8A-8.
67:42:01:13. Civil rights. Repealed.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 39 SDR 220, effective June 27, 2013.
67:42:01:14. Provisional license or registration certificate -- Reasons for issuing -- Time limits. Repealed.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; transferred from § 67:42:01:14.01, effective July 25, 1985; 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; 32 SDR 33, effective August 31, 2005; repealed, 39 SDR 220, effective June 27, 2013.
67:42:01:14.01. Transferred to § 67:42:01:14.
67:42:01:15. Renewal of family foster home license.Repealed.
Source: 4 SDR 2, effective July 25, 1977; 6 SDR 31, effective September 30, 1979; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.
67:42:01:16. Denial of license. The department may deny a license to an applicant based on an evaluation, substantiated by facts, showing that the applicant does not meet standards for care.
Within 120 days after application, the applicant must receive a written notice of approval or denial of a license. If the application is denied, the notice must include the reasons for the denial. An applicant may reapply after taking corrective action related to the reasons for the original denial of the license.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 11, 1983; 17 SDR 157, effective April 23, 1991; 21 SDR 206, effective June 4, 1995; 27 SDR 63, effective December 31, 2000; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
Cross-References: Grounds for revocation or refusal to issue or renew child welfare agency license or registration, SDCL 26-6-23; Revocation or refusal to issue or renew license or registration for child abuse or violence, SDCL 26-6-23.1.
67:42:01:17. Withdrawal of license or registration certificate. Repealed.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; repealed, 39 SDR 220, effective June 27, 2013.
67:42:01:18. Revocation of license. Violation of the provisions of this article are grounds for revocation of a license. Before a license is revoked, the department shall give a 30-day's written notice of revocation to the provider and shall make a full disclosure of the reasons for revocation. The 30-day written notice is not required if the revocation is necessary to prevent danger to the life, health, or safety of a client.
The provider may not reapply for a license for at least one year after the date of revocation.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 21 SDR 206, effective June 4, 1995; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16, 26-6-23, 26-6-24.
67:42:01:19. Receipt and investigation of complaint.Repealed.
Source: 4 SDR 2, effective July 25, 1977; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.
67:42:01:20. Fair hearing. A provider applicant, an employee applicant, a volunteer, a volunteer applicant, or a provider is entitled to a fair hearing if aggrieved or dissatisfied with any action or inaction on the part of the department. Fair hearings are conducted under the provisions of chapter 67:17:02.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 20 SDR 223, effective July 7, 1994; 21 SDR 206, effective June 4, 1995.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16, 26-6-24, 28-1-39.
Cross-Reference: Administrative review and fair hearing before restricting issuance of licenses, §67:18:01:62.
67:42:01:21. Maintenance of records. A record must be maintained by the provider on each client. That record must include the client's name, date of placement, date of removal, the names and telephone numbers of the client's social worker, doctor, dentist, parent, or person to contact in the event of an emergency, and any other information required by the department or desired by the provider.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16, 26-6-20.
67:42:01:22. Confidentiality. The files and records of the provider must be kept confidential. No information may be released from the files or records to anyone outside of the licensed facility unless written authorization for the release of information is obtained from parties that may be affected by this action. This may include the department, the provider, a client served by the provider, or legal representatives of any of the parties. The provider shall make its files and records available for inspection by the department for licensing purposes.
A provider shall maintain in confidence all information concerning a client. Details of a client's life or that of the client's family may not be shared with unauthorized individuals.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16, 26-6-20.
67:42:01:23. Location. 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; 27 SDR 63, effective December 31, 2000; 32 SDR 33, effective August 31, 2005; repealed, 39 SDR 220, effective June 27, 2013.
67:42:01:24. Transportation. A vehicle used for transportation may not carry more people than its stated passenger capacity. Except when transporting children to and from school, the required staff-child ratio must be maintained when children are in transport.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 15 SDR 94, effective January 1, 1989; 27 SDR 63, effective December 31, 2000; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
Cross-References: Staff-child ratio, Group care centers for minors, § 67:42:07:03; Staff-child ratio, Residential treatment centers, § 67:42:08:03; Use of system required -- Violation as petty offense, SDCL 32-37-1; Operator to assure that passengers between ages five and eighteen wear seatbelts, SDCL 32-37-1.1.
67:42:01:25. Fire safety.Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective November 21, 1983.
67:42:01:26. Agency bylaws.Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; repealed, 14 SDR 98, effective January 18, 1988.
67:42:01:27. Selection of governing board.Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 14 SDR 98, effective January 18, 1988.
67:42:01:28. Agency responsibility for building and equipment needs and funding. Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 14 SDR 98, effective January 18, 1988; 24 SDR 76, effective December 11, 1997; 32 SDR 33, effective August 31, 2005; repealed, 39 SDR 220, effective June 27, 2013.
67:42:01:29. Responsibilities of the program director and/or executive director.Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective November 21, 1983.
67:42:01:30. Proprietary day care center's advisory board.Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective November 21, 1983.
67:42:01:31. Proprietary facilities -- Financing of a facility.Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective November 21, 1983.
67:42:01:32. Proprietary facilities -- Financial records.Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective November 21, 1983.
67:42:01:33. Accounting system. 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; 32 SDR 33, effective August 31, 2005; repealed, 39 SDR 220, effective June 27, 2013.
67:42:01:34. Annual audit. Each group care center, residential treatment center, child placement agency, and intensive residential treatment center shall provide for an annual audit of its accounts by a certified public accountant who is not an employee of the facility, a member of the board of directors, or an employee of the department. The report of the audit must be made a part of the facility records.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 32 SDR 33, effective August 31, 2005; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
67:42:01:35. Insurance. Each group care center, residential treatment center, intensive residential treatment center, and child placement agency shall carry liability insurance. Each vehicle used for transporting clients must have liability insurance that covers the clients being transported.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; 15 SDR 94, effective January 1, 1989; 27 SDR 63, effective December 31, 2000; 32 SDR 33, effective August 31, 2005; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
67:42:01:36. Final inspection reports -- Required posting. Repealed.
Source: 27 SDR 63, effective December 31, 2000; repealed, 39 SDR 220, effective June 27, 2013.
