CHAPTER 67:42:05
FAMILY FOSTER HOMES
Section
67:42:05:01 Definitions.
67:42:05:02 Licensing and supervision of a family foster parent.
67:42:05:02.01 Contents of licensing record to be available to foster parent.
67:42:05:03 Training and development.
67:42:05:04 Status and number of children cared for -- Exceptions.
67:42:05:05 Repealed.
67:42:05:06 General qualifications for family foster care provider.
67:42:05:06.01 Repealed.
67:42:05:07 Transferred.
67:42:05:08 Repealed
67:42:05:09 Repealed
67:42:05:10 Repealed.
67:42:05:10.01 Smoke detectors.
67:42:05:10.02 Repealed.
67:42:05:10.03 Water supply.
67:42:05:10.04 Repealed.
67:42:05:10.05 Safety caps.
67:42:05:10.06 Exits.
67:42:05:10.07 Carbon monoxide detectors.
67:42:05:11 Sanitation requirements.
67:42:05:12 Nutrition requirements.
67:42:05:13 Program requirements.
67:42:05:14 Transferred.
67:42:05:15 Discipline.
67:42:05:16 Food quality -- Storage.
67:42:05:17 Repealed.
67:42:05:18 Railings.
67:42:05:19 Sleeping space.
67:42:05:20 Access to hazardous items.
67:42:05:21 Water safety.
67:42:05:22 Medication -- Storage.
67:42:05:23 Emergency preparedness.
67:42:05:24 Living space requirements.
67:42:05:01. Definitions. As used in this chapter:
(1) "Family foster home" means a family home that provides regular full-time care, maintenance, supervision, and protection of a child, as a substitute for regular parental care, without a transfer of legal custody and meets the requirements of § 67:42:05:24;
(2) "Child placement agency" means the department or an agency or institution as defined in SDCL 26-6-14(4) and subject to the regulatory requirements of chapter 67:42:09; and
(3) "Single family home" means a stand-alone dwelling or a unit in a multiple-unit dwelling, which provides personal living space for one family.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 101, effective February 3, 1985; 17 SDR 157, effective April 23, 1991; 20 SDR 223, effective July 7, 1994; 39 SDR 220, effective June 27, 2013; 47 SDR 24, effective September 10, 2020.
General Authority: SDCL 26-6-16(2)(6).
Law Implemented: SDCL 26-6-16(2)(6).
67:42:05:02. Licensing and supervision of a family foster parent. The department or child placement agency shall base its decision to issue a license upon a written home study of the family foster parent applicant. The department or child placement agency shall keep the written home study in the applicant's file.
A family foster parent must be licensed and supervised by the department or a child placement agency. A licensed foster parent shall inform the agency which has licensed the foster parent upon accepting a child from another placement agency or from a parent or guardian.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 101, effective February 3, 1985; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-13, 26-6-16.
67:42:05:02.01. Contents of licensing record to be available to foster parent. With the exception of reference documents, the contents of a foster parent's licensing file must be available for review and comment on request of the foster parent. In addition, at the time a foster parent is renewing a license, the licensing worker shall offer the foster parent an opportunity to review the foster parent's licensing record and to make written comments in the narrative section. The foster parent shall date and sign the written comments. The foster parent shall document that the opportunity to read the record was given even if the foster parent chose not to read it.
The foster parent may not purge material from the record.
Source: 16 SDR 99, effective December 7, 1989; 21 SDR 206, effective June 4, 1995; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-13, 26-6-16, 26-6-20.
Cross-Reference: Initial evaluation and approval -- Renewal of license or registration certificate, § 67:42:01:05.
67:42:05:03. Training and development. Foster parent applicants must participate in at least 30 hours of orientation training before receiving an initial license. The training must include:
(1) The impact of separation and trauma on child development;
(2) How attachments are formed;
(3) The importance of the birth family;
(4) Techniques of managing behavior;
(5) Permanency planning for children;
(6) Child development; and
(7) Cardiopulmonary resuscitation, first aid, and medication administration.
Licensed foster parents must participate in at least 6 hours of approved training annually, before license renewal. Upon prior approval of the department, the department may reimburse a foster parent an established flat rate for this type of training.
If the foster parent cares for a child with a disability or a medical, behavioral, or emotional disorder, an additional 12 hours of training is required to meet the needs of the child. Upon prior approval of the department, the department may reimburse a foster parent for this type of training. Evidence of education, experience, or professional background in the specific area may be substituted for training to meet a child's specific needs.
The foster parent must supply the department or the child placement agency with documented evidence of completed training before each license renewal.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 101, effective February 3, 1985; 12 SDR 4, effective July 25, 1985; 12 SDR 127, effective February 9, 1986; 17 SDR 157, effective April 23, 1991; 27 SDR 121, effective May 28, 2001; 39 SDR 220, effective June 27, 2013; 47 SDR 24, effective September 10, 2020.
General Authority: SDCL 26-6-16(1)(6).
Law Implemented: SDCL 26-6-16(1)(6).
67:42:05:04. Status and number of children cared for -- Exceptions. The family foster parent may provide care for up to 6 children, including the foster parent's own children who are under 18 years of age and residing in the home. There may be no more than 2 children under the age of 2, including the foster parent's own children. Exceptions to this requirement may be made by the department or the child placement agency to keep siblings together, to place a child with a foster parent who is a relative, to allow a parenting youth in foster care to remain with the youth's child, to allow a child who has an established meaningful relationship with the family to remain with the family, or to allow a family with special training or skills to provide care to a child who has a severe disability or special needs. The maximum number of 6 children may be waived for a period of up to 10 days for emergency placements or respite care.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 101, effective February 3, 1985; 39 SDR 220, effective June 27, 2013; 41 SDR 218, effective June 30, 2015; 47 SDR 24, effective September 10, 2020.
General Authority: SDCL 26-6-16(1)(5)(6).
Law Implemented: SDCL 26-6-16(1)(5)(6).
67:42:05:05. License for specific children.Repealed.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 11 SDR 101, effective February 3, 1985.
67:42:05:06. General qualifications for family foster care provider. In addition to the criteria of § 67:42:01:06, a family foster parent applicant or a licensed family foster parent shall meet the following criteria before the applicant or foster parent may be licensed or relicensed as a family foster parent:
(1) The applicant or foster parent shall be at least 21 years of age and reside in a single family home in South Dakota;
(2) No household member 18 years of age or older, other than a child placed in the home for foster care, may have on record a substantiated report of child abuse or neglect;
(3) No member of the applicant's or foster parent's household may have a conviction for any of the crimes specified in § 67:42:01:05.01;
(4) The applicant or foster parent shall have income that meets the needs of the existing family, independent of the foster care maintenance payments;
(5) The applicant's or foster parent's children, if any, shall be willing to accept a child in foster care as a member of the family;
(6) The applicant's or foster parent's family composition, needs, and relationships may not adversely affect a child in foster care;
(7) If the applicant or foster parent is employed outside the home, the child placement agency shall have approved the applicant's or foster parent's child care plan;
(8) If the applicant or foster parent is married and both individuals are employed outside the home, the child placement agency shall have approved the applicant's or foster parent's child care plan;
(9) The applicant or foster parent shall have the ability to parent a child, which includes a basic understanding of the child's physical and mental or emotional development and the ability to fulfill the child's needs. The applicant or foster parent shall have the ability to offer continuing care and guidance to a child throughout the stages of development in a manner consistent with the social and cultural heritage norms of the child. The applicant or foster parent shall be able to continue meeting the needs of the applicant's or foster parent's own children, if any. The applicant or foster parent shall display the capacity to provide good care for children;
(10) At least one applicant in the home shall have the ability to read and write; and
(11) The applicant or foster parent shall have reliable, legal, and safe transportation. Vehicles utilized for transportation must be registered, insured, and equipped with safety restraints. Each driver shall have a driver license.
The department may require a psychological evaluation and the submission of medical records if during the application process or during the period of licensure questions arise regarding the applicant's or foster parent's emotional stability or the emotional stability of another household member.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; transferred from §§ 67:42:05:07 and 67:42:05:14, 11 SDR 101, effective February 3, 1985; 17 SDR 157, effective April 23, 1991; 20 SDR 223, effective July 7, 1994; 21 SDR 206, effective June 4, 1995; 35 SDR 187, effective February 11, 2009; 39 SDR 220, effective June 27, 2013; 47 SDR 24, effective September 10, 2020; 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 26-6-16(1)(2)(6).
Law Implemented: SDCL 26-6-16(1)(2)(6), 26-6-23.2.
Cross-References: Initiatial evaluation and approval -- Renewal of license, § 67:42:01:05;
Ability to provide care, § 67:42:01:06;
Training and development, § 67:42:05:03;
Application for license -- Investigation -- Issuance -- Conditions -- Records -- Public inspection, SDCL 26-6-11;
Screening for substantiated reports of abuse and neglect, § 67:42:01:05.02;
Required criminal records checks, 42 U.S.C. § 671(a)(20).
67:42:05:06.01. Application denied if report of child abuse or neglect is substantiated. Repealed.
Source: 17 SDR 157, effective April 23, 1991; 20 SDR 223, effective July 7, 1994; repealed, 39 SDR 220, effective June 27, 2013.
67:42:05:07. Transferred to § 67:42:05:06.
67:42:05:08. Physical health standards for family foster care children.Repealed.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 11 SDR 101, effective February 3, 1985.
67:42:05:09. Location of foster family home.Repealed.
Source: 4 SDR 2, effective July 25, 1977; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.
67:42:05:10. Physical requirements of foster family home.Repealed.
Source: 4 SDR 2, effective July 25, 1977; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.
67:42:05:10.01. Smoke detectors. A family foster home shall be equipped with a smoke detector which shall be provided on each level of the building. Audible alarm indicating devices shall be designed and distributed so as to be effectively heard above the maximum noise level obtained under normal conditions of occupancy. Foster parents shall have an evacuation plan and shall teach it to each child. Foster parents shall conduct a fire drill each time a child enters care to ensure that all children understand the procedures.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 101, effective February 3, 1985.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
67:42:05:10.02. Lighting. Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 39 SDR 220, effective June 27, 2013.
67:42:05:10.03. Water supply. Water must be derived from a community water system or from a water system that is tested at least annually by the Department of Agriculture and Natural Resources or a laboratory certified by the Department of Health to conduct such tests. The water must be tested for bacteria and nitrate levels and must be safe for consumption. The provider shall maintain written documentation of the test results. Hot water from plumbing fixtures normally used by children in care may not exceed 120 degrees Fahrenheit.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 101, effective February 3, 1985; 21 SDR 206, effective June 4, 1995; 35 SDR 187, effective February 11, 2009; 39 SDR 220, effective June 27, 2013; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
Cross-Reference: Definition of community water system, § 74:04:05:01.
67:42:05:10.04. Heating plant. Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 101, effective February 3, 1985; repealed, 39 SDR 220, effective June 27, 2013.
67:42:05:10.05. Safety caps. In family foster homes caring for children aged four years and younger, all unused electrical outlets within 36 inches from the floor shall use a tamper resistant outlet or be covered by a U.L. approved electrical safety cap. There shall be no bare or exposed electrical wires present within the facility.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 101, effective February 3, 1985; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-6-16(2)(6).
Law Implemented: SDCL 26-6-16(2)(6).
67:42:05:10.06. Exits. There shall be two remote exits on each level used for the care of children. Each of these exits shall provide unobstructed travel to the outside. One of these exits shall be a door or stairway which provides a means of unobstructed travel to the outside of the building at ground level. The other exit may be a window which meets the following requirements:
(1) Can be easily opened from the inside without the use of tools;
(2) Provides a clear opening with a minimum dimension of at least 22 inches, is at least 5 square feet in area, and provides a safe means of escape; and
(3) Storm windows, screens, or burglar guards, if used, are provided with quick-opening devices which can be easily opened from the inside.
A ladder, folding stairs, or trap door may not be the only access to a bedroom.
Source: 11 SDR 101, effective February 3, 1985.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
67:42:05:11. Sanitation requirements. The family foster home shall be kept 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 children. Garbage and refuse must be kept in durable, easily cleanable containers that do not leak and do not absorb liquids. Garbage and refuse must be disposed of often enough to prevent the development of odor and the attraction of insects and rodents.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 101, effective February 3, 1985; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
67:42:05:12. Nutrition requirements. A foster parent shall provide a child in foster care with at least three meals a day. The meals must be of sufficient quantity to meet the child's nutritional needs. The foster parent shall adhere to special diets prescribed for the child in foster care by a physician or dietitian.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 101, effective February 3, 1985; 27 SDR 121, effective May 28, 2001; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
67:42:05:13. Program requirements. A foster parent shall comply with the following:
(1) Shall provide daily activities designed to promote the physical, social, intellectual, and emotional development of the children in the foster parent's home in accordance with the reasonable and prudent parent standard. A family foster home is not liable for harm caused to a child in an out of home placement if the child participates in an activity approved by the family foster home, provided that the family foster home has acted in accordance with the reasonable and prudent parent standard;
(2) Shall take part in case planning for the child and shall participate in the preparation, pre-placement, and visitation plans for a child placed in the foster parent's home;
(3) Shall demonstrate respect for the child's own family and shall agree to maintain a working relationship with the child's family members as indicated in the child's case plan; and
(4) Shall ensure that the child in foster care has the safety equipment and training necessary to safely engage in each activity the child participates in, including, but not limited to the following activities:
(a) Boating;
(b) Recreational vehicle use;
(c) Sports; and
(d) Hunting.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 101, effective February 3, 1985; 39 SDR 220, effective June 27, 2013; 42 SDR 97, effective January 4, 2016.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
Cross Reference: Reasonable and prudent parent standard, § 67:42:01:01(12).
67:42:05:14. Transferred to §67:42:05:06.
67:42:05:15. Discipline. Discipline used by a foster parent must provide for positive guidance, redirection, and setting of clear-cut limits while helping a child to develop self-control, self-esteem, and respect for the rights of others. A foster parent shall discuss methods of discipline with the child's worker. A foster parent may not delegate discipline to older children or peers. Any discipline or control must be appropriate to the child's age and developmental level. Physical punishment is prohibited.
Source: 11 SDR 101, effective February 3, 1985; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
67:42:05:16. Food quality -- Storage. Food must be free from spoilage and contamination and shall be safe for human consumption. Fluid milk and fluid milk products used or served must be pasteurized.
Source: 11 SDR 101, effective February 3, 1985; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
67:42:05:17. Insect and rodent control. Repealed.
Source: 11 SDR 101, effective February 3, 1985; repealed, 39 SDR 220, effective June 27, 2013.
67:42:05:18. Railings. Floor and wall openings, open-sided areas, or platforms 30 inches or more above the adjacent ground level shall be guarded by a railing or barrier. The railing or barrier must be constructed to prevent the child from crawling or falling through or becoming entrapped.
Source: 11 SDR 101, effective February 3, 1985; 35 SDR 187, effective February 11, 2009; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
67:42:05:19. Sleeping space. Family foster homes shall have sufficient sleeping space to accommodate comfortably a child in care as well as the provider's family. The foster home shall meet the following requirements:
(1) Bed linens, blankets, and pillows shall be provided for all children;
(2) Children of different sexes over the age of six may not sleep in the same room; and
(3) Children may not share a bed with an adult.
Source: 11 SDR 101, effective February 3, 1985; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-6-16(6).
Law Implemented: SDCL 26-6-16(6).
67:42:05:20. Access to hazardous items. The following hazardous items must be inaccessible to a child in foster care, unless 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 must be kept unloaded and locked in a room, closet, cabinet, or carrying case, and separate from the ammunition. Before a child in foster care under the age of 16 may hunt, the child must successfully complete a hunter safety course approved by the Department of Game, Fish and Parks under the applicable provisions of SDCL 41-7-1.
Alcoholic beverages, medications, poisonous materials, cleaning supplies, and other hazardous materials must be inaccessible to children. Smoking is prohibited in the foster family home or any vehicle used to transport the child while in the presence of a child in foster care.
The department may require the removal or correction of other hazardous conditions or circumstances not covered in this chapter if it considers the conditions or circumstances to have the potential to cause injury or illness to the child in care.
Source: 27 SDR 121, effective May 28, 2001; 39 SDR 220, effective June 27, 2013; 42 SDR 97, effective January 4, 2016; 47 SDR 24, effective September 10, 2020.
General Authority: SDCL 26-6-16(2)(6).
Law Implemented: SDCL 26-6-16(2)(6).
Cross-References: Requirements for issuance of hunting license to child under sixteen -- Violation as misdemeanor, SDCL 41-7-1; Department to provide for course of instruction, SDCL 41-7-2.
67:42:05:21. Water safety. A child who is placed in a licensed home which is adjacent to any body of water or that has a swimming pool shall be instructed in water safety appropriate for their age. Wading pools shall be emptied and stored when not in use. Swimming pools which are not emptied after each use shall have a fence on all sides at least four feet high or feature a hard shell power safety cover. If a chain-link fence is used, the fence must be constructed of chain link that does not exceed one and three-quarters inches. A wall of the home may be considered as one side of the fence. All access through the fence shall have one of the following safety features: alarm, key lock, self-locking doors, bolt lock or another lock that is not accessible to a child. Any exterior door leading from the house to the pool area shall have two of the safety features. When the swimming pool is not in use all entry points shall be locked. Power Safety Covers should conform to the specification in the ASTM F1346-91 standard, which specifies safety performance for pool covers to protect a young child from drowning. Hard shell covers must be kept locked at all times when the pool is not in use. If the sides of an above ground pool are four feet tall, they may be used as the barrier for that pool. Above ground pools with steps or ladders shall have them secured, locked, or removed when the pool is not in use. All pools above or in ground shall be equipped with one of the following life saving devices: ring buoy; rescue tube; flotation device with a rope; or a shepherd's hook of sufficient length to cover the area.
If the home has a hot tub, the tub must be covered with a safety cover approved by the American Society for Testing and Materials (ASTM).
Source: 35 SDR 253, effective May 12, 2009; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-6-16(2)(6).
Law Implemented: SDCL 26-6-16(2)(6).
Cross-Reference: ASTM F1346-91{2010}, Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs, ASTM International, West Conshohocken, PA, 2010, www.astm.org
67:42:05:22. Medication -- Storage. All medications must be kept in a locked cabinet or container. A foster parent may not permit medication prescribed for another person to be given to a child in foster care.
Source: 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
67:42:05:23. Emergency preparedness. The applicant or foster parent shall maintain a list of emergency telephone numbers, including at least poison control, police, fire department, and hospital, and post those numbers in a prominent place in the home. The applicant or foster parent must maintain first aid supplies in the foster home.
Source: 47 SDR 24, effective September 10, 2020.
General Authority: SDCL 26-6-16(1)(2)(6).
Law Implemented: SDCL 26-6-16(1)(2)(6).
67:42:05:24. Living space requirements. A family foster home must have:
(1) Safe drinking water;
(2) Appliances for the preparation of hot meals;
(3) A toilet, sink, and tub or shower in operating condition;
(4) Adequate light, heat, and ventilation; and
(5) A working telephone.
Source: 47 SDR 24, effective September 10, 2020.
General Authority: SDCL 26-6-16(2)(6).
Law Implemented: SDCL 26-6-16(2)(6).
