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26-6-16Rules for child care by licensed or registered agencies promulgated by department--Matters included in rules.

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, but may include:

(1)    Qualifications and training of personnel engaged in child care services;

(2)    Requirements relating to safety, sanitation, condition, maintenance, and approval of physical plant and equipment utilized in child care;

(3)    Recordkeeping requirements to ensure compliance with this chapter;

(4)    The keeping of health records for children in care, those persons providing care, and other persons present in the care setting;

(5)    The numbers, ages, and sex of children cared for;

(6)    Program policies and standards of operation regarding the health and safety of children;

(7)    Requirements to have policies on fees, payments, and refunds for services paid for directly or indirectly out of public funds;

(8)    Health and nutrition standards and medication control;

(9)    Conditions which must be met for the issuance of a provisional license;

(10)    Criminal offenses, including felonies and misdemeanors under federal and state law, the commission of which renders an applicant ineligible for the grant or retention of a license under §§ 26-6-14.3 to 26-6-14.7, inclusive, or the commission of which is grounds for preventing other persons specified in § 26-6-14.4 from having contact or employment with a child welfare agency; and

(11)    Such other provisions as may be required for federal financial participation.

Source: SL 1939, ch 168, § 2; SDC Supp 1960, § 55.3707; SL 1965, ch 248, § 2; SL 1979, ch 170, § 4; SL 1981, ch 199, § 12; SL 1988, ch 208, § 6; SL 1988, ch 209, § 2; SL 1988, ch 210; SL 1996, ch 171.

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