ARTICLE 67:42
REGULATORY ADMINISTRATION
Chapter
67:42:01 Provisions and scope of services.
67:42:02 Adult foster care, Repealed.
67:42:03 Family day care homes, Repealed.
67:42:04 Group family day care homes, Repealed.
67:42:05 Family foster homes.
67:42:06 Basic group living centers for minors.
67:42:07 Group care centers for minors.
67:42:08 Residential treatment centers.
67:42:09 Child placement agencies.
67:42:10 Licensed day care programs, Repealed.
67:42:11 Environmental health standards.
67:42:12 Maternity homes, Repealed.
67:42:13 Independent living preparation.
67:42:14 Before and after school care, Repealed.
67:42:15 Intensive residential treatment centers.
67:42:16 Scope of services for child care programs, Repealed.
67:42:17 Child care licensing.
67:42:18 Licensed kinship foster home.
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67:42:01:03 Repealed.
67:42:01:04 Repealed.
67:42:01:04.01 Repealed.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67:42:01:08 Repealed.
67:42:01:09 Repealed.
67:42:01:10 Repealed.
67:42:01:11 Repealed.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67:42:01:13 Repealed.
67:42:01:14 Repealed.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67:42:01:15 Repealed.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67:42:01:17 Repealed.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67:42:01:19 Repealed.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67:42:01:23 Repealed.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67:42:01:25 Repealed.
67:42:01:26 Repealed.
67:42:01:27 Repealed.
67:42:01:28 Repealed.
67:42:01:29 Repealed.
67:42:01:30 Repealed.
67:42:01:31 Repealed.
67:42:01:32 Repealed.
67:42:01:33 Repealed.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67:42:01:36 Repealed.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\r\nof chapter 67:42:01. The provisions of chapter 67:42:01 apply to\r\nalternative care homes regulated by chapters 67:42:05; 67:42:07 to 67:42:09,\r\ninclusive; 67:42:13; and 67:42:15 unless otherwise specified.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2,\r\neffective July 25, 1977; 6 SDR 31, effective September 30, 1979; 7 SDR 66, 7\r\nSDR 89, effective July 1, 1981; 13 SDR 197, effective July 1, 1987; 14 SDR 20,\r\neffective August 13, 1987; 15 SDR 94, effective January 1, 1989; 21 SDR 206,\r\neffective June 4, 1995; 27 SDR 63, effective December 31, 2000; 31 SDR 40,\r\neffective September 29, 2004; 32 SDR 33, effective August 31, 2005; 39 SDR 220,\r\neffective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:01:03. Development of resources for Title XX services.Repealed.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981;\r\nrepealed, 10 SDR 48, effective November 21, 1983.
\r\n\r\n\r\n67:42:01:04. Application\r\nfor license or registration certificate. Repealed.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2,\r\neffective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48,\r\neffective November 21, 1983; 21 SDR 206, effective June 4, 1995; repealed, 39 SDR\r\n220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:01:05. Initial evaluation and\r\napproval -- Renewal of license. The department's initial evaluation of the\r\napplicant includes three reference checks, personal interviews, a screening for\r\nrecords of abuse or neglect, a criminal record check, and on-site visits.
\r\n\r\n\r\n\r\n
Based on the evaluation, the department shall\r\ndetermine whether to issue a license. A family foster home must complete an annual\r\nrenewal study. Renewal of a license is based on the department's annual\r\nevaluation of the facility and care provided.
\r\n\r\n\r\n\r\n
Except as otherwise provided, family foster parent\r\napplicants must complete an initial home study that includes at least one\r\nscheduled in-home interview for each household member. The department may\r\nelect to observe, rather than interview, a household member, based on the\r\nmember's age or development. The initial home study must include three\r\nreferences, with at least one reference being a family member and at least one\r\nreference being a non-relative.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2, effective July 25, 1977; 7\r\nSDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21,\r\n1983; 12 SDR 4, effective July 25, 1985; 20 SDR 223, effective July 7, 1994; 21\r\nSDR 206, effective June 4, 1995; 27 SDR 63, effective December 31, 2000; 39 SDR\r\n220, effective June 27, 2013; 47 SDR 24, effective September 10, 2020.
\r\n\r\nGeneral Authority: SDCL 26-6-16(1)(2)(6)(10)(11).
\r\n\r\nLaw Implemented: SDCL 26-6-11, 26-6-16(1)(2)(6)(10)(11), 26-6-23.2.
\r\n\r\n\r\n\r\n
Cross-Reference: Screening for\r\nsubstantiated reports of abuse and neglect, § 67:42:01:05.02.
\r\n\r\n\r\n\r\n
67:42:01:05.01. Criminal\r\nrecord check. The department shall secure a criminal record check to\r\nobtain information concerning convictions for criminal offenses by a\r\nprospective foster parent as well as any other adult living in the prospective\r\nfoster home. An individual is not eligible to receive a foster home license if\r\nthe individual or any other adult living in the prospective foster home has a\r\nconviction for any of the following:
\r\n\r\n\r\n\r\n
(1) A crime that would indicate harmful behavior\r\ntowards children;
\r\n\r\n(2) A crime of violence as defined by SDCL 22-1-2 or a similar statute from another state;
\r\n\r\n(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
\r\n\r\n(4) Within the preceding five years, a conviction\r\nfor any other felony.
\r\n\r\n\r\n\r\n
If an individual is seeking licensure from another\r\nchild-placement agency, the department shall obtain the criminal record check\r\nfor the child-placement agency if the child-placement agency is unable to\r\nobtain the record check on its own. If the criminal record check reveals a\r\nconviction for any of the crimes listed in this section, the department shall\r\nnotify the child-placement agency of the existence of the conviction.
\r\n\r\n\r\n\r\n
For all other child welfare agencies, the department shall\r\nreview the provider's records to ensure that the criminal records are being\r\nsecured to detect convictions for any of the crimes listed in this section.
\r\n\r\n\r\n\r\n
Source: 17 SDR\r\n157, effective April 23, 1991; 20 SDR 223, effective July 7, 1994; 21 SDR 206,\r\neffective June 4, 1995; 22 SDR 102, effective February 7, 1996; 27 SDR 63,\r\neffective December 31, 2000; 35 SDR 187, effective February 11, 2009; 39 SDR\r\n220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-14.3, 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-14.3, 26-6-14.11, 26-6-16.
\r\n\r\n\r\n\r\n
Cross-References: Persons\r\nto 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).
\r\n\r\n\r\n\r\n
67:42:01:05.02. Screening for\r\nsubstantiated reports of abuse and neglect. The department shall screen a\r\nprovider applicant, family members and other household members who are at least\r\n18 years old, an employee of the facility, an employee applicant, a volunteer,\r\nand a volunteer applicant to determine if the individual has been involved in\r\nany substantiated incidents of child abuse or neglect. The individual may not\r\nhave a substantiated report of child abuse or neglect. Substantiated reports of\r\nchild abuse or neglect include reports placed into the department's central\r\nregistry under § 67:14:39:03, reports placed on the central registry of\r\nanother state in the last ten years, and reports that were investigated and\r\nsubstantiated by a tribal program.
\r\n\r\n\r\n\r\n
If the screening locates an individual's name on\r\nthe department's central registry and the individual has not already been given\r\ndue process on the substantiation, the department shall notify the individual\r\nin writing that the individual may request a hearing to refute the accuracy of\r\nthe information found. The hearing must follow the provisions of SDCL 26-8A-11 and chapter 67:14:39.
\r\n\r\n\r\n\r\n
If the screening locates an individual's name on\r\nthe central registry of another state, it is the individual's responsibility to\r\ncontact the other state to access the process for removal of the individual's name\r\nfrom that state's central registry. If the other state has such a process and\r\nremoves the individual's name from its central registry, the individual shall\r\nrequest the other state to submit documentation to the department verifying the\r\nremoval of the individual's name from its central registry.
\r\n\r\n\r\n\r\n
If the screening locates a report that was\r\nsubstantiated by a tribal program, it is the individual's responsibility to\r\ncontact the tribal program to access the process for removal of the\r\nindividual's name from the record of the report. If the tribal program has such\r\na process and removes the individual's name from the record of the report, the\r\nindividual shall request the tribal program to submit documentation to the\r\ndepartment verifying the removal of the individual's name from the record.
\r\n\r\n\r\n\r\n
Source: 20 SDR 223, effective July 7, 1994;\r\n21 SDR 206, effective June 4, 1995; 22 SDR 102, effective February 7, 1996; 35\r\nSDR 187, effective February 11, 2009; 47 SDR 24, effective September 10, 2020.
\r\n\r\nGeneral Authority: SDCL 26-6-16(1)(6)(10).
\r\n\r\nLaw Implemented: SDCL 26-6-11, 26-6-16(1)(6)(10), 26-6-23.2.
\r\n\r\n\r\n\r\n
Cross-References: Revocation or refusal to\r\nissue 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.
\r\n\r\n\r\n\r\n
67:42:01:05.03. Notice to facility. The department shall\r\nnotify the facility that the name of the facility's employee, employee\r\napplicant, volunteer, or volunteer applicant was located through the screening\r\nprocess when one of the following occurs:
\r\n\r\n\r\n(1) Thirty days have lapsed\r\nsince the department notified the individual that the name was located and the\r\nindividual has not requested a review;
\r\n\r\n(2) Thirty days have lapsed\r\nsince a review was held which upheld the department's action and the individual\r\nhas not requested a fair hearing;
\r\n\r\n(3) A fair hearing was held\r\nand the decision upheld the department's action; or
\r\n\r\n(4) A screening in a state\r\nother than South Dakota resulted in a finding as outlined in SDCL 26-6-23.1.
\r\n\r\n\r\nSource:\r\n20 SDR 223, effective July 7, 1994.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n
(1) An\r\nunderstanding of, and encouragement and emotional support to, the client;
\r\n\r\n(2) Assistance to\r\nthe client in coping with daily living experiences;
\r\n\r\n(3) Supervision of\r\nthe client;
\r\n\r\n(4) If working with\r\nchildren, an understanding of child development and appropriate use of\r\ndiscipline; and
\r\n\r\n(5) Ability to\r\napply the reasonable and prudent parent standard for the participation in age\r\nor developmentally-appropriate activities.
\r\n\r\n\r\n\r\n
The applicant must also be\r\nable to participate with the department or a responsible party in devising and\r\nexecuting a case plan for a client.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2,\r\neffective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 4,\r\neffective July 25, 1985; 39 SDR 220, effective June 27, 2013; 42 SDR 97, effective\r\nJanuary 4, 2016.
\r\n\r\nGeneral Authority: SDCL 26-6-16.
\r\n\r\nLaw Implemented: SDCL 26-6-11, 26-6-16.
\r\n\r\n\r\n\r\n
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\r\nstandards required of applicant and applicant's family. An applicant for\r\nfamily foster care must have a physical examination. A physical examination\r\ncompleted within the 12 months preceding the date of the application is\r\nacceptable. The applicant may obtain the physical examination forms from the\r\ndepartment. The forms must be completed by the attending physician, physician's\r\nassistant, or certified nurse practitioner and returned to the department. Each\r\nhousehold member must provide a health history, including any history of drug\r\nor alcohol abuse or treatment, and must disclose any current mental health or\r\ndrug or alcohol abuse issues.
\r\n\r\n\r\n\r\n
The applicant shall also present evidence to the\r\ndepartment that each household member under the age of 18 meets the Department\r\nof Health's requirements for immunizations, unless the immunization is contrary\r\nto the individual's health as documented by a licensed health care professional\r\nor the application provides a signed written statement that the applicant\r\nadheres to a religious doctrine whose teachings are opposed to such immunization.\r\nThe minimum immunization requirements for a child age 4 months through 6 years\r\ninclude: diphtheria, tetanus, and acellular pertussis (DTaP); poliovirus;\r\nmeasles, mumps, and rubella (MMR); and varicella. The minimum immunization\r\nrequirements for a child age 7 through 18 include: tetanus, diphtheria, and acellular\r\npertussis (Tdap); and meningococcal ACYW (MCV4). Each household member who will\r\nhave contact with an infant or child with health issues that make them\r\nvulnerable to a serious or life-threatening condition if they are exposed to\r\nthe influenza virus must receive an annual Influenza vaccine and have an\r\nup-to-date pertussis (whooping cough) vaccine.
\r\n\r\n\r\n\r\n
Additional recommended immunizations include:\r\nRotavirus, Haemophilus Influenzae Type b (Hib), Hepatitis A (Hep A), Hepatitis\r\nB (Hep B), and Pneumococcal.
\r\n\r\n\r\n\r\n
The department may request additional medical\r\nstatements if a situation, such as a change in the health of the applicant or\r\nanother household member, indicates that an additional medical statement is\r\ndesirable.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2, effective July 25, 1977; 7\r\nSDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21,\r\n1983; 12 SDR 4, effective July 25, 1985; 12 SDR 127, effective February 9,\r\n1986; 15 SDR 94, effective January 1, 1989; 17 SDR 157, effective April 23,\r\n1991; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29,\r\n2004; 35 SDR 187, effective February 11, 2009; 39 SDR 220, effective June 27,\r\n2013; 44 SDR 94, effective December 4, 2017; 47 SDR 24, effective September 10,\r\n2020.
\r\n\r\nGeneral Authority: SDCL 26-6-16(1)(6)(8).
\r\n\r\nLaw Implemented: SDCL 26-6-11, 26-6-16(1)(6)(8).
\r\n\r\n\r\n\r\n
67:42:01:08. Handicaps of applicant or provider.Repealed.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; 4 SDR 66, 4 SDR 89, effective July 1, 1981;\r\nrepealed, 23 SDR 191, effective May 22, 1997.
\r\n\r\n\r\n67:42:01:09. Validity\r\nof license or registration certificate. Repealed.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2,\r\neffective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48,\r\neffective November 21, 1983; repealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:01:10. Limitations\r\non combining types of care. Repealed.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2,\r\neffective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48,\r\neffective November 21, 1983; 12 SDR 4, effective July 25, 1985; 21 SDR 206,\r\neffective June 4, 1995; 27 SDR 63, effective December 31, 2000; repealed, 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:01:11. On-site\r\nvisits to determine compliance and evaluate activities. Repealed.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2,\r\neffective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48,\r\neffective November 21, 1983; repealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:01:12. Reporting\r\nof incidents or changes in circumstances. The provider shall report\r\na change in circumstance that may affect the provider's ability to comply with\r\nthe requirements of the provider's license or ability to provide adequate care.\r\nA change in circumstance includes items such as a change of address, a change\r\nin the household size, a change in the household composition, a change in the\r\ncondition of the facility or home, or involvement with the Division of Child\r\nProtection Services or law enforcement concerning allegations of child abuse or\r\nneglect. The report must be made to the provider's licensing worker or agency\r\nwithin 24 hours after the change in circumstance occurs.
\r\n\r\n\r\n\r\n
The provider shall immediately report all incidents of\r\nsuspected child abuse or neglect either to the department or to law enforcement\r\nofficials.
\r\n\r\n\r\n\r\n
A family foster home, group care center for minors,\r\nresidential treatment center, intensive residential treatment center, child\r\nplacement agency, and independent living preparation program must report to the\r\nplacing worker the occurrence of an unusual incident such as fire, death,\r\nclient runaway, client/provider incompatibility, or serious injury to or\r\nserious illness of a client. The provider shall make the report to the placing\r\nworker immediately after ensuring that children in care are safe.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2,\r\neffective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48,\r\neffective November 21, 1983; 12 SDR 4, effective July 25, 1985; 13 SDR 197,\r\neffective July 1, 1987; 14 SDR 20, effective August 13, 1987; 31 SDR 40,\r\neffective September 29, 2004; 34 SDR 200, effective January 30, 2008; 39 SDR\r\n220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16, 28-1-39.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16, 28-1-39.
\r\n\r\n\r\n\r\n
Cross-References: Foster\r\nhome services, § 67:42:09:18; Foster home record, § 67:42:09:25;\r\nPersons required to report child abuse or neglected child -- Intentional\r\nfailure as misdemeanor, SDCL 26-8A-3; Oral report of abuse or neglect -- To whom made -- Response report, SDCL 26-8A-8.
\r\n\r\n\r\n\r\n
67:42:01:13. Civil\r\nrights. Repealed.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2,\r\neffective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed,\r\n39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:01:14. Provisional\r\nlicense or registration certificate -- Reasons for issuing -- Time limits.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2,\r\neffective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48,\r\neffective November 21, 1983; transferred from § 67:42:01:14.01, effective\r\nJuly 25, 1985; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August\r\n13, 1987; 21 SDR 206, effective June 4, 1995; 27 SDR 63, effective December 31,\r\n2000; 32 SDR 33, effective August 31, 2005; repealed, 39 SDR 220, effective\r\nJune 27, 2013.
\r\n\r\n\r\n\r\n
67:42:01:14.01. Transferred to § 67:42:01:14.
\r\n\r\n\r\n67:42:01:15. Renewal of family foster home license.Repealed.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; 6 SDR 31, effective September 30, 1979;\r\nrepealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.
\r\n\r\n\r\n67:42:01:16. Denial\r\nof license. The department may deny a license to an applicant based\r\non an evaluation, substantiated by facts, showing that the applicant does not\r\nmeet standards for care.
\r\n\r\n\r\n\r\n
Within 120 days after application, the applicant must receive\r\na written notice of approval or denial of a license. If the application is\r\ndenied, the notice must include the reasons for the denial. An applicant may\r\nreapply after taking corrective action related to the reasons for the original\r\ndenial of the license.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2,\r\neffective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48,\r\neffective November 11, 1983; 17 SDR 157, effective April 23, 1991; 21 SDR 206,\r\neffective June 4, 1995; 27 SDR 63, effective December 31, 2000; 39 SDR 220, effective\r\nJune 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-References: Grounds\r\nfor revocation or refusal to issue or renew child welfare agency license or\r\nregistration, SDCL 26-6-23; Revocation or refusal to issue or renew license or registration for child abuse or violence, SDCL 26-6-23.1.
\r\n\r\n\r\n\r\n
67:42:01:17. Withdrawal\r\nof license or registration certificate. Repealed.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2,\r\neffective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48,\r\neffective November 21, 1983; repealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:01:18. Revocation\r\nof license. Violation of the provisions of this article are grounds\r\nfor revocation of a license. Before a license is revoked, the department shall\r\ngive a 30-day's written notice of revocation to the provider and shall make a\r\nfull disclosure of the reasons for revocation. The 30-day written notice is not\r\nrequired if the revocation is necessary to prevent danger to the life, health,\r\nor safety of a client.
\r\n\r\n\r\n\r\n
The provider may not reapply for a license for at least one\r\nyear after the date of revocation.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2,\r\neffective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48,\r\neffective November 21, 1983; 21 SDR 206, effective June 4, 1995; 39 SDR 220,\r\neffective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16, 26-6-23, 26-6-24.
\r\n\r\n\r\n\r\n
67:42:01:19. Receipt and investigation of complaint.Repealed.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; repealed, 7 SDR 66, 7 SDR 89, effective July\r\n1, 1981.
\r\n\r\n\r\n67:42:01:20. Fair hearing. A provider applicant, an\r\nemployee applicant, a volunteer, a volunteer applicant, or a provider is\r\nentitled to a fair hearing if aggrieved or dissatisfied with any action or\r\ninaction on the part of the department. Fair hearings are conducted under the\r\nprovisions of chapter 67:17:02.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981;\r\n10 SDR 48, effective November 21, 1983; 20 SDR 223, effective July 7, 1994; 21\r\nSDR 206, effective June 4, 1995.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16, 26-6-24, 28-1-39.
\r\n\r\n\r\nCross-Reference:\r\nAdministrative review and fair hearing before restricting issuance of licenses,\r\n§67:18:01:62.
\r\n\r\n\r\n67:42:01:21. Maintenance\r\nof records. A record must be maintained by the provider on each\r\nclient. That record must include the client's name, date of placement, date of\r\nremoval, the names and telephone numbers of the client's social worker, doctor,\r\ndentist, parent, or person to contact in the event of an emergency, and any\r\nother information required by the department or desired by the provider.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2,\r\neffective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48,\r\neffective November 21, 1983; 31 SDR 40, effective September 29, 2004; 39 SDR\r\n220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16, 26-6-20.
\r\n\r\n\r\n\r\n
67:42:01:22. Confidentiality.\r\nThe files and records of the provider must be kept confidential. No information\r\nmay be released from the files or records to anyone outside of the licensed\r\nfacility unless written authorization for the release of information is\r\nobtained from parties that may be affected by this action. This may include the\r\ndepartment, the provider, a client served by the provider, or legal\r\nrepresentatives of any of the parties. The provider shall make its files and\r\nrecords available for inspection by the department for licensing purposes.
\r\n\r\n\r\n\r\n
A provider shall maintain in confidence all information\r\nconcerning a client. Details of a client's life or that of the client's family\r\nmay not be shared with unauthorized individuals.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2,\r\neffective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48,\r\neffective November 21, 1983; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16, 26-6-20.
\r\n\r\n\r\n\r\n
67:42:01:23. Location.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 13 SDR 197, effective July 1, 1987; 14\r\nSDR 20, effective August 13, 1987; 27 SDR 63, effective December 31, 2000; 32\r\nSDR 33, effective August 31, 2005; repealed, 39 SDR 220, effective June 27,\r\n2013.
\r\n\r\n\r\n\r\n
67:42:01:24. Transportation.\r\nA vehicle used for transportation may not carry more people than its stated\r\npassenger capacity. Except when transporting children to and from school, the\r\nrequired staff-child ratio must be maintained when children are in transport.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; 13 SDR\r\n197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 15 SDR 94,\r\neffective January 1, 1989; 27 SDR 63, effective December 31, 2000; 31 SDR 40,\r\neffective September 29, 2004; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-References: Staff-child\r\nratio, Group care centers for minors, §
\r\n\r\n
67:42:01:25. Fire safety.Repealed.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective\r\nNovember 21, 1983.
\r\n\r\n\r\n67:42:01:26. Agency bylaws.Repealed.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985;\r\nrepealed, 14 SDR 98, effective January 18, 1988.
\r\n\r\n\r\n67:42:01:27. Selection of governing board.Repealed.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 14 SDR 98, effective\r\nJanuary 18, 1988.
\r\n\r\n\r\n67:42:01:28. Agency\r\nresponsibility for building and equipment needs and funding.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983;\r\n14 SDR 98, effective January 18, 1988; 24 SDR 76, effective December 11, 1997;\r\n32 SDR 33, effective August 31, 2005; repealed, 39 SDR 220, effective June 27,\r\n2013.
\r\n\r\n\r\n\r\n
67:42:01:29. Responsibilities of the program director and/or\r\nexecutive director.Repealed.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective\r\nNovember 21, 1983.
\r\n\r\n\r\n67:42:01:30. Proprietary day care center's advisory board.Repealed.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective\r\nNovember 21, 1983.
\r\n\r\n\r\n67:42:01:31. Proprietary facilities -- Financing of a\r\nfacility.Repealed.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective\r\nNovember 21, 1983.
\r\n\r\n\r\n67:42:01:32. Proprietary facilities -- Financial records.Repealed.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective\r\nNovember 21, 1983.
\r\n\r\n\r\n67:42:01:33. Accounting\r\nsystem. Repealed.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 13 SDR 197, effective July 1, 1987; 14\r\nSDR 20, effective August 13, 1987; 32 SDR 33, effective August 31, 2005;\r\nrepealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:01:34. Annual\r\naudit. Each group care center, residential treatment center, child\r\nplacement agency, and intensive residential treatment center shall provide for\r\nan annual audit of its accounts by a certified public accountant who is not an\r\nemployee of the facility, a member of the board of directors, or an employee of\r\nthe department. The report of the audit must be made a part of the facility\r\nrecords.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983;\r\n13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 32\r\nSDR 33, effective August 31, 2005; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:01:35. Insurance.\r\nEach group care center, residential treatment center, intensive residential\r\ntreatment center, and child placement agency shall carry liability insurance.\r\nEach vehicle used for transporting clients must have liability insurance that\r\ncovers the clients being transported.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; 15 SDR\r\n94, effective January 1, 1989; 27 SDR 63, effective December 31, 2000; 32 SDR\r\n33, effective August 31, 2005; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:01:36. Final\r\ninspection reports -- Required posting. Repealed.
\r\n\r\n\r\n\r\n
Source: 27 SDR\r\n63, effective December 31, 2000; repealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:01:37. Telephones. Each home or facility must\r\nprovide one working, nonpay telephone which can be used for general and\r\nemergency uses.
\r\n\r\n\r\nSource:\r\n31 SDR 40, effective September 29, 2004.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\nCHAPTER 67:42:02
\r\n\r\n\r\nADULT FOSTER CARE
\r\n\r\n(Repealed.\r\n27 SDR 121, effective May 28, 2001)
\r\n\r\n\r\n\r\nCHAPTER 67:42:03
FAMILY DAY CARE HOMES
(Repealed)
Section
67:42:03:01 Definitions, Repealed.
67:42:03:02 to 67:42:03:04 Repealed.
67:42:03:04.01 Maximum number of children allowed, Repealed.
67:42:03:05 Repealed.
67:42:03:06 Qualifications of a family day care provider, Repealed.
67:42:03:07 Repealed.
67:42:03:07.01 Qualifications of helpers, Repealed.
67:42:03:07.02 Training, Repealed.
67:42:03:07.03 Helper records and hiring requirements, Repealed.
67:42:03:07.04 Repealed.
67:42:03:07.05 Repealed.
67:42:03:07.06 Orientation, Repealed.
67:42:03:08 Health standards and immunizations for children, Repealed.
67:42:03:08.01 Medications, Repealed.
67:42:03:09 Repealed.
67:42:03:09.01 Reporting suspected child abuse and neglect, Repealed.
67:42:03:10 to 67:42:03:11.01 Repealed.
67:42:03:11.02 Smoke detectors and fire extinguishers, Repealed.
67:42:03:11.03 Emergency preparedness and response, Repealed.
67:42:03:11.04 Repealed.
67:42:03:11.05 Water source and temperature, Repealed.
67:42:03:11.06 Heating, ventilating, and lighting, Repealed.
67:42:03:11.07 Electrical outlet covers, Repealed.
67:42:03:11.08 Food quality and storage, Repealed.
67:42:03:11.09 Insect and rodent control, Repealed.
67:42:03:11.10 Railings, Repealed.
67:42:03:12 Sanitation requirements, Repealed.
67:42:03:13 Nutrition requirements, Repealed.
67:42:03:14 Repealed.
67:42:03:15 Presence of the provider, Repealed.
67:42:03:16 Discipline, Repealed.
67:42:03:17 Playground area and equipment, Repealed.
67:42:03:18 Parental observation, Repealed.
67:42:03:19 Handwashing, Repealed.
67:42:03:20 Water safety, Repealed.
67:42:03:21 Other hazardous conditions, Repealed.
67:42:03:22 Pets, Repealed.
67:42:03:23 Sleeping arrangements, Repealed.
67:42:03:01. Definitions. 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; 15 SDR 162, effective May 4, 1989; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:03:02. Licensure of family day care.Repealed.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; repealed, 6 SDR 31, effective September 30,\r\n1979.
\r\n\r\n\r\n67:42:03:03. Approval of in-home care and family day care in\r\na relative's home.Repealed.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981;\r\nrepealed, 10 SDR 48, effective November 21, 1983.
\r\n\r\n\r\n67:42:03:04. Status and number of children cared for.Repealed.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; repealed, 6 SDR 31, effective September 30,\r\n1979.
\r\n\r\n\r\n67:42:03:04.01. Maximum number of children allowed. Repealed.
Source: 6 SDR 31, effective September 30, 1979; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 15 SDR 162, effective May 4, 1989; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:03:05. License for specific children.Repealed.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; repealed, 6 SDR 31, effective September 30,\r\n1979.
\r\n\r\n\r\n67:42:03:06. Qualifications of a family day care provider. Repealed.
Source: 4 SDR 2, effective July 25, 1977; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981; readopted, 15 SDR 162, effective May 4, 1989; 20 SDR 223, effective July 7, 1994; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:03:07. Age and family composition.Repealed.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981;\r\n10 SDR 48, effective November 21, 1983; repealed, 15 SDR 162, effective May 4,\r\n1989.
\r\n\r\n\r\n67:42:03:07.01. Qualifications of helpers. Repealed.
Source: 15 SDR 162, effective May 4, 1989; 21 SDR 206, effective June 4, 1995; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:03:07.02. Training. Repealed.
Source: 15 SDR 162, effective May 4, 1989; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:03:07.03. Helper records and hiring requirements. Repealed.
Source: 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:03:07.04 Staff\r\nhealth requirements. Repealed.
\r\n\r\n\r\n\r\n
Source: 21 SDR\r\n206, effective June 4, 1995; repealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:03:07.05. Qualifications of\r\nsubstitute providers. Repealed.
\r\n\r\n\r\n\r\n
Source: 39 SDR 220, effective June 27, 2013;\r\n43 SDR 31, effective September 12, 2016.
\r\n\r\n\r\n\r\n
67:42:03:07.06. Orientation. Repealed.
Source: 43 SDR 31, effective September 12, 2016; 45 SDR 82, effective December 10, 2018; 49 SDR 124, effective July 3, 2023.
67:42:03:08. Health standards and immunizations for children. Repealed.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 15 SDR 162, effective May 4, 1989; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:03:08.01. Medications. Repealed.
Source: 15 SDR 162, effective May 4, 1989; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:03:09. Reporting and maintenance of records.Repealed.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981;\r\nrepealed, 15 SDR 162, effective May 4, 1989.
\r\n\r\n\r\n67:42:03:09.01. Reporting suspected child abuse and neglect. Repealed.
Source: 15 SDR 162, effective May 4, 1989; 49 SDR 124, effective July 3, 2023.
67:42:03:10. Location of family day care home.Repealed.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; repealed, 7 SDR 66, 7 SDR 89, effective July\r\n1, 1981.
\r\n\r\n\r\n67:42:03:11. Physical requirements of family day care home.Repealed.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; repealed, 7 SDR 66, 7 SDR 89, effective July\r\n1, 1981.
\r\n\r\n\r\n67:42:03:11.01. Indoor play space.Repealed.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 48, effective\r\nNovember 21, 1983.
\r\n\r\n\r\n67:42:03:11.02. Smoke detectors and fire extinguishers. Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 49 SDR 124, effective July 3, 2023.
67:42:03:11.03. Emergency preparedness and response. Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 15 SDR 162, effective May 4, 1989; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:03:11.04. Artificial lighting.Repealed.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 206, effective June 4, 1995;\r\nrepealed, 31 SDR 40, effective September 29, 2004.
\r\n\r\n\r\n67:42:03:11.05. Water source and temperature. Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 15 SDR 162, effective May 4, 1989; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021; 49 SDR 124, effective July 3, 2023.
67:42:03:11.06. Heating, ventilating, and lighting. Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 15 SDR 162, effective May 4, 1989; 21 SDR 206, effective June 4, 1995; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:03:11.07. Electrical outlet covers. Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 15 SDR 162, effective May 4, 1989; 21 SDR 206, effective June 4, 1995; 49 SDR 124, effective July 3, 2023.
67:42:03:11.08. Food quality and storage. Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 15 SDR 162, effective May 4, 1989; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:03:11.09. Insect and rodent control. Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 15 SDR 162, effective May 4, 1989; 31 SDR 40, effective September 29, 2004; 49 SDR 124, effective July 3, 2023.
67:42:03:11.10. Railings. Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 15 SDR 162, effective May 4, 1989; 20 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:03:12. Sanitation requirements. 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; 15 SDR 162, effective May 4, 1989; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:03:13. Nutrition requirements. Repealed.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 15 SDR 162, effective May 4, 1989; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:03:14. Program standards for family day care.Repealed.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981;\r\nrepealed, 10 SDR 48, effective November 21, 1983.
\r\n\r\n\r\n67:42:03:15. Presence of the provider. Repealed.
Source: 4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 49 SDR 124, effective July 3, 2023.
67:42:03:16. Discipline. Repealed.
Source: 10 SDR 48, effective November 21, 1983; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:03:17. Playground area and equipment. Repealed.
Source: 15 SDR 162, effective May 4, 1989; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 49 SDR 124, effective July 3, 2023.
67:42:03:18. Parental observation. Repealed.
Source: 15 SDR 162, effective May 4, 1989; 49 SDR 124, effective July 3, 2023.
67:42:03:19. Handwashing. Repealed.
Source: 15 SDR 162, effective May 4, 1989; 21 SDR 206, effective June 4, 1995; 49 SDR 124, effective July 3, 2023.
67:42:03:20. Water safety. Repealed.
Source: 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:03:21. Other hazardous conditions. Repealed.
Source: 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 49 SDR 124, effective July 3, 2023.
67:42:03:22. Pets. Repealed.
Source: 31 SDR 40, effective September 29, 2004; 49 SDR 124, effective July 3, 2023.
67:42:03:23. Sleeping arrangements. Repealed.
Source: 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
CHAPTER 67:42:04
\r\n\r\n\r\nGROUP FAMILY DAY CARE HOMES
\r\n\r\n(Repealed, 39 SDR 220, effective June 27, 2013)
\r\n\r\n\r\n\r\nSection
\r\n\r\n67:42:05:01 Definitions.
\r\n\r\n67:42:05:02 Licensing and\r\nsupervision of a family foster parent.
\r\n\r\n67:42:05:02.01 Contents of\r\nlicensing record to be available to foster parent.
\r\n\r\n67:42:05:03 Training and development.
\r\n\r\n67:42:05:04 Status and\r\nnumber of children cared for -- Exceptions.
\r\n\r\n67:42:05:05 Repealed.
\r\n\r\n67:42:05:06 General\r\nqualifications for family foster care provider.
\r\n\r\n67:42:05:06.01 Repealed.
\r\n\r\n67:42:05:07 Transferred.
\r\n\r\n67:42:05:08 Repealed
\r\n\r\n67:42:05:09 Repealed
\r\n\r\n67:42:05:10 Repealed.
\r\n\r\n67:42:05:10.01 Smoke detectors.
\r\n\r\n67:42:05:10.02 Repealed.
\r\n\r\n67:42:05:10.03 Water supply.
\r\n\r\n67:42:05:10.04 Repealed.
\r\n\r\n67:42:05:10.05 Safety caps.
\r\n\r\n67:42:05:10.06 Exits.
\r\n\r\n67:42:05:10.07 Carbon monoxide\r\ndetectors.
\r\n\r\n67:42:05:11 Sanitation\r\nrequirements.
\r\n\r\n67:42:05:12 Nutrition\r\nrequirements.
\r\n\r\n67:42:05:13 Program\r\nrequirements.
\r\n\r\n67:42:05:14 Transferred.
\r\n\r\n67:42:05:15 Discipline.
\r\n\r\n67:42:05:16 Food quality --\r\nStorage.
\r\n\r\n67:42:05:17 Repealed.
\r\n\r\n67:42:05:18 Railings.
\r\n\r\n67:42:05:19 Sleeping space.
\r\n\r\n67:42:05:20 Access\r\nto hazardous items.
\r\n\r\n67:42:05:21 Water\r\nsafety.
\r\n\r\n67:42:05:22 Medication --\r\nStorage.
\r\n\r\n67:42:05:23 Emergency\r\npreparedness.
\r\n\r\n67:42:05:24 Living space\r\nrequirements.
\r\n\r\n\r\n\r\n
\r\n\r\n
67:42:05:01. Definitions. As\r\nused in this chapter:
\r\n\r\n\r\n\r\n
(1) "Family foster home"\r\nmeans a family home that provides regular full-time care, maintenance,\r\nsupervision, and protection of a child, as a substitute for regular parental\r\ncare, without a transfer of legal custody and meets the requirements of § 67:42:05:24;
\r\n\r\n\r\n\r\n
(2) "Child placement agency"\r\nmeans 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
\r\n\r\n\r\n\r\n
(3) "Single family home"\r\nmeans a stand-alone dwelling or a unit in a multiple-unit dwelling, which\r\nprovides personal living space for one family.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2, effective July 25, 1977; 7\r\nSDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 101, effective February 3,\r\n1985; 17 SDR 157, effective April 23, 1991; 20 SDR 223, effective July 7, 1994;\r\n39 SDR 220, effective June 27, 2013; 47 SDR 24, effective September 10, 2020.
\r\n\r\nGeneral Authority: SDCL 26-6-16(2)(6).
\r\n\r\nLaw Implemented: SDCL 26-6-16(2)(6).
\r\n\r\n\r\n\r\n
67:42:05:02. Licensing\r\nand supervision of a family foster parent. The department or child\r\nplacement agency shall base its decision to issue a license upon a written home\r\nstudy of the family foster parent applicant. The department or child placement\r\nagency shall keep the written home study in the applicant's file.
\r\n\r\n\r\n\r\n
A family foster parent must be licensed and supervised by the\r\ndepartment or a child placement agency. A licensed foster parent shall inform\r\nthe agency which has licensed the foster parent upon accepting a child from\r\nanother placement agency or from a parent or guardian.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2,\r\neffective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR\r\n101, effective February 3, 1985; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-13, 26-6-16.
\r\n\r\n\r\n\r\n
67:42:05:02.01. Contents\r\nof licensing record to be available to foster parent. With the\r\nexception of reference documents, the contents of a foster parent's licensing\r\nfile must be available for review and comment on request of the foster parent.\r\nIn addition, at the time a foster parent is renewing a license, the licensing\r\nworker shall offer the foster parent an opportunity to review the foster\r\nparent's licensing record and to make written comments in the narrative\r\nsection. The foster parent shall date and sign the written comments. The foster\r\nparent shall document that the opportunity to read the record was given even if\r\nthe foster parent chose not to read it.
\r\n\r\n\r\n\r\n
The foster parent may not purge material from the record.
\r\n\r\n\r\n\r\n
Source: 16 SDR\r\n99, effective December 7, 1989; 21 SDR 206, effective June 4, 1995; 39 SDR 220,\r\neffective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-13, 26-6-16, 26-6-20.
\r\n\r\n\r\n\r\n
Cross-Reference:\r\nInitial evaluation and approval -- Renewal of license or registration\r\ncertificate, §\r\n67:42:01:05.
\r\n\r\n\r\n\r\n
67:42:05:03. Training and\r\ndevelopment. Foster parent applicants must participate in at least 30 hours\r\nof orientation training before receiving an initial license. The training must\r\ninclude:
\r\n\r\n\r\n\r\n
(1) The impact of separation and trauma\r\non child development;
\r\n\r\n(2) How attachments are formed;
\r\n\r\n(3) The importance of the birth family;
\r\n\r\n(4) Techniques of managing behavior;
\r\n\r\n(5) Permanency planning for children;
\r\n\r\n(6) Child development; and
\r\n\r\n(7) Cardiopulmonary resuscitation,\r\nfirst aid, and medication administration.
\r\n\r\n\r\n\r\n
Licensed foster parents must participate in at\r\nleast 6 hours of approved training annually, before license renewal. Upon prior\r\napproval of the department, the department may reimburse a foster parent an\r\nestablished flat rate for this type of training.
\r\n\r\n\r\n\r\n
If the foster parent cares for a child with a\r\ndisability or a medical, behavioral, or emotional disorder, an additional 12\r\nhours of training is required to meet the needs of the child. Upon prior\r\napproval of the department, the department may reimburse a foster parent for\r\nthis type of training. Evidence of education, experience, or professional\r\nbackground in the specific area may be substituted for training to meet a\r\nchild's specific needs.
\r\n\r\n\r\n\r\n
The foster parent must supply the department or\r\nthe child placement agency with documented evidence of completed training\r\nbefore each license renewal.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2, effective July 25, 1977; 7\r\nSDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 101, effective February 3,\r\n1985; 12 SDR 4, effective July 25, 1985; 12 SDR 127, effective February 9,\r\n1986; 17 SDR 157, effective April 23, 1991; 27 SDR 121, effective May 28, 2001;\r\n39 SDR 220, effective June 27, 2013; 47 SDR 24, effective September 10, 2020.
\r\n\r\nGeneral Authority: SDCL 26-6-16(1)(6).
\r\n\r\nLaw Implemented: SDCL 26-6-16(1)(6).
\r\n\r\n\r\n\r\n
67:42:05:04. Status\r\nand number of children cared for -- Exceptions. The family foster parent\r\nmay provide care for up to 6 children, including the foster parent's own\r\nchildren who are under 18 years of age and residing in the home. There may be\r\nno more than 2 children under the age of 2, including the foster parent's own children.\r\nExceptions to this requirement may be made by the department or the child\r\nplacement agency to keep siblings together, to place a child with a foster parent who\r\nis a relative, to allow a parenting youth in foster care to remain with the\r\nyouth'
\r\n\r\n
Source:\r\n4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981;\r\n11 SDR 101, effective February 3, 1985; 39 SDR 220, effective June 27, 2013; 41\r\nSDR 218, effective June 30, 2015; 47 SDR 24, effective September 10, 2020.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16(1)(5)(6).
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16(1)(5)(6).
\r\n\r\n\r\n\r\n
67:42:05:05. License for specific children.Repealed.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981;\r\nrepealed, 11 SDR 101, effective February 3, 1985.
\r\n\r\n\r\n67:42:05:06. General qualifications\r\nfor family foster care provider. In addition to the criteria of\r\n§ 67:42:01:06, a family foster parent applicant or a licensed family\r\nfoster parent shall meet the following criteria before the applicant or foster\r\nparent may be licensed or relicensed as a family foster parent:
\r\n\r\n\r\n\r\n
(1) The applicant or foster parent shall\r\nbe at least 21 years of age and reside in a single family home in South Dakota;
\r\n\r\n\r\n\r\n
(2) No household member 18 years of age\r\nor older, other than a child placed in the home for foster care, may have on\r\nrecord a substantiated report of child abuse or neglect;
\r\n\r\n\r\n\r\n
(3) No member of the applicant's or\r\nfoster parent's household may have a conviction for any of the crimes specified\r\nin § 67:42:01:05.01;
\r\n\r\n\r\n\r\n
(4) The applicant or foster parent shall\r\nhave income that meets the needs of the existing family, independent of the\r\nfoster care maintenance payments;
\r\n\r\n\r\n\r\n
(5) The applicant's or foster parent's\r\nchildren, if any, shall be willing to accept a child in foster care as a member\r\nof the family;
\r\n\r\n\r\n\r\n
(6) The applicant's or foster parent's\r\nfamily composition, needs, and relationships may not adversely affect a child\r\nin foster care;
\r\n\r\n\r\n\r\n
(7) If the applicant or foster parent\r\nis employed outside the home, the child placement agency shall have approved\r\nthe applicant's or foster parent's child care plan;
\r\n\r\n\r\n\r\n
(8) If the applicant or foster parent\r\nis married and both individuals are employed outside the home, the child\r\nplacement agency shall have approved the applicant's or foster parent's child\r\ncare plan;
\r\n\r\n\r\n\r\n
(9) The applicant or foster parent shall\r\nhave the ability to parent a child, which includes a basic understanding of the\r\nchild's physical and mental or emotional development and the ability to fulfill\r\nthe child's needs. The applicant or foster parent shall have the ability to\r\noffer continuing care and guidance to a child throughout the stages of\r\ndevelopment in a manner consistent with the social and cultural heritage norms\r\nof the child. The applicant or foster parent shall be able to continue meeting\r\nthe needs of the applicant's or foster parent's own children, if any. The\r\napplicant or foster parent shall display the capacity to provide good care for\r\nchildren;
\r\n\r\n\r\n\r\n
(10) At least one applicant in the home\r\nshall have the ability to read and write; and
\r\n\r\n\r\n\r\n
(11) The applicant or foster parent\r\nshall have reliable, legal, and safe transportation. Vehicles utilized for\r\ntransportation must be registered, insured, and equipped with safety\r\nrestraints. Each driver shall have a driver license.
\r\n\r\n\r\n\r\n
The department may require a psychological\r\nevaluation and the submission of medical records if during the application\r\nprocess or during the period of licensure questions arise regarding the\r\napplicant's or foster parent's emotional stability or the emotional stability\r\nof another household member.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2, effective July 25, 1977; 7\r\nSDR 66, 7 SDR 89, effective July 1, 1981; transferred from §§ 67:42:05:07\r\nand 67:42:05:14, 11 SDR 101, effective February 3, 1985; 17 SDR 157, effective\r\nApril 23, 1991; 20 SDR 223, effective July 7, 1994; 21 SDR 206, effective June\r\n4, 1995; 35 SDR 187, effective February 11, 2009; 39 SDR 220, effective June\r\n27, 2013; 47 SDR 24, effective September 10, 2020; 47 SDR 58, effective\r\nDecember 2, 2020.
\r\n\r\nGeneral Authority: SDCL 26-6-16(1)(2)(6).
\r\n\r\nLaw Implemented: SDCL 26-6-16(1)(2)(6), 26-6-23.2.
\r\n\r\n\r\n\r\n
Cross-References: Initiatial evaluation and\r\napproval -- Renewal of license, § 67:42:01:05;
\r\n\r\nAbility to provide care, § 67:42:01:06;
\r\n\r\nTraining and development, § 67:42:05:03;
\r\n\r\nApplication for license -- Investigation --\r\nIssuance -- Conditions -- Records -- Public inspection, SDCL 26-6-11;
\r\n\r\nScreening for substantiated reports of abuse and\r\nneglect, § 67:42:01:05.02;
\r\n\r\nRequired criminal records checks, 42 U.S.C.\r\n§ 671(a)(20).
\r\n\r\n\r\n\r\n
67:42:05:06.01. Application\r\ndenied if report of child abuse or neglect is substantiated.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 17 SDR\r\n157, effective April 23, 1991; 20 SDR 223, effective July 7, 1994; repealed, 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:05:07. Transferred to § 67:42:05:06.
\r\n\r\n\r\n67:42:05:08. Physical health standards for family foster care\r\nchildren.Repealed.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981;\r\nrepealed, 11 SDR 101, effective February 3, 1985.
\r\n\r\n\r\n67:42:05:09. Location of foster family home.Repealed.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; repealed, 7 SDR 66, 7 SDR 89, effective July\r\n1, 1981.
\r\n\r\n\r\n67:42:05:10. Physical requirements of foster family home.Repealed.
\r\n\r\n\r\nSource:\r\n4 SDR 2, effective July 25, 1977; repealed, 7 SDR 66, 7 SDR 89, effective July\r\n1, 1981.
\r\n\r\n\r\n67:42:05:10.01. Smoke detectors. A family foster home shall\r\nbe equipped with a smoke detector which shall be provided on each level of the\r\nbuilding. Audible alarm indicating devices shall be designed and distributed so\r\nas to be effectively heard above the maximum noise level obtained under normal\r\nconditions of occupancy. Foster parents shall have an evacuation plan and shall\r\nteach it to each child. Foster parents shall conduct a fire drill each time a\r\nchild enters care to ensure that all children understand the procedures.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 101, effective February 3,\r\n1985.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\n67:42:05:10.02. Lighting.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; repealed, 39 SDR 220, effective June 27,\r\n2013.
\r\n\r\n\r\n\r\n
67:42:05:10.03. Water supply.\r\nWater must be derived from a community water system or from a water system that\r\nis tested at least annually by the Department of Agriculture and Natural\r\nResources or a laboratory certified by the Department of Health to conduct such\r\ntests. The water must be tested for bacteria and nitrate levels and must be\r\nsafe for consumption. The provider shall maintain written documentation of the\r\ntest results. Hot water from plumbing fixtures normally used by children in\r\ncare may not exceed 120 degrees Fahrenheit.
\r\n\r\n\r\n\r\n
Source: 7 SDR 66, 7 SDR 89, effective July\r\n1, 1981; 11 SDR 101, effective February 3, 1985; 21 SDR 206, effective June 4,\r\n1995; 35 SDR 187, effective February 11, 2009; 39 SDR 220, effective June 27,\r\n2013; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
\r\n\r\nGeneral Authority: SDCL 26-6-16.
\r\n\r\nLaw Implemented: SDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-Reference: Definition of community\r\nwater system, § 74:04:05:01.
\r\n\r\n\r\n\r\n
67:42:05:10.04. Heating\r\nplant. Repealed.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 11 SDR 101, effective February 3, 1985;\r\nrepealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:05:10.05. Safety\r\ncaps. In family foster homes caring for children aged four years and\r\nyounger, all unused electrical outlets within 36 inches from the floor shall
\r\n\r\n
Source: 7 SDR 66, 7 SDR\r\n89, effective July 1, 1981; 11 SDR 101, effective February 3, 1985; 44 SDR 94,\r\neffective December 4, 2017.
\r\n\r\nGeneral Authority: SDCL 26-6-16(2)(6).
\r\n\r\nLaw Implemented: SDCL 26-6-16(2)(6).
\r\n\r\n\r\n\r\n
67:42:05:10.06. Exits. There shall be two remote exits on\r\neach level used for the care of children. Each of these exits shall provide\r\nunobstructed travel to the outside. One of these exits shall be a door or\r\nstairway which provides a means of unobstructed travel to the outside of the\r\nbuilding at ground level. The other exit may be a window which meets the\r\nfollowing requirements:
\r\n\r\n\r\n(1) Can be easily opened\r\nfrom the inside without the use of tools;
\r\n\r\n(2) Provides a clear\r\nopening with a minimum dimension of at least 22 inches, is at least 5 square\r\nfeet in area, and provides a safe means of escape; and
\r\n\r\n(3) Storm windows, screens,\r\nor burglar guards, if used, are provided with quick-opening devices which can\r\nbe easily opened from the inside.
\r\n\r\n\r\nA ladder, folding stairs, or trap door\r\nmay not be the only access to a bedroom.
\r\n\r\n\r\nSource:\r\n11 SDR 101, effective February 3, 1985.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\n67:42:05:10.07. Carbon\r\nmonoxide detectors. A family foster home must be equipped with a\r\ncarbon monoxide detector on each level of the home.
\r\n\r\n\r\n\r\n
Source: 39 SDR\r\n220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:05:11. Sanitation\r\nrequirements. The family foster home shall be kept clean, neat, and\r\nfree of litter and rubbish. Hazardous cleaning solutions, chemicals, and\r\npoisons must be labeled and kept in an enclosed cabinet that is not accessible\r\nto children. Garbage and refuse must be kept in durable, easily cleanable\r\ncontainers that do not leak and do not absorb liquids. Garbage and refuse must\r\nbe disposed of often enough to prevent the development of odor and the\r\nattraction of insects and rodents.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2,\r\neffective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR\r\n101, effective February 3, 1985; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:05:12. Nutrition\r\nrequirements. A foster parent shall provide a child in foster care\r\nwith at least three meals a day. The meals must be of sufficient quantity to\r\nmeet the child's nutritional needs. The foster parent shall adhere to special\r\ndiets prescribed for the child in foster care by a physician or dietitian.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2,\r\neffective July 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR\r\n101, effective February 3, 1985; 27 SDR 121, effective May 28, 2001; 39 SDR\r\n220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
\r\n\r\n
(1) Shall provide\r\ndaily activities designed to promote the physical, social, intellectual, and\r\nemotional development of the children in the foster parent's home in accordance\r\nwith the reasonable and prudent parent standard. A family foster home is not\r\nliable for harm caused to a child in an out of home placement if the child\r\nparticipates in an activity approved by the family foster home, provided that\r\nthe family foster home has acted in accordance with the reasonable and prudent\r\nparent standard;
\r\n\r\n\r\n\r\n
(2) Shall take part\r\nin case planning for the child and shall participate in the preparation,\r\npre-placement, and visitation plans for a child placed in the foster parent's\r\nhome;
\r\n\r\n\r\n\r\n
(3) Shall\r\ndemonstrate respect for the child's own family and shall agree to maintain a\r\nworking relationship with the child's family members as indicated in the\r\nchild's case plan; and
\r\n\r\n\r\n\r\n
(4) Shall ensure\r\nthat the child in foster care has the safety equipment and training necessary\r\nto safely engage in each activity the child participates in, including, but not\r\nlimited to the following activities:
\r\n\r\n\r\n\r\n
(a) Boating;
\r\n\r\n(b) Recreational\r\nvehicle use;
\r\n\r\n(c) Sports;\r\nand
\r\n\r\n(d) Hunting.
\r\n\r\n\r\n\r\n
Source: 4 SDR 2, effective\r\nJuly 25, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 101,\r\neffective February 3, 1985; 39 SDR 220, effective June 27, 2013; 42 SDR 97,\r\neffective January 4, 2016.
\r\n\r\nGeneral Authority: SDCL 26-6-16.
\r\n\r\nLaw Implemented: SDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross Reference:\r\nReasonable and prudent parent standard, § 67:42:01:01(12).
\r\n\r\n\r\n\r\n
67:42:05:14. Transferred to §67:42:05:06.
\r\n\r\n\r\n67:42:05:15. Discipline.\r\nDiscipline used by a foster parent must provide for positive guidance,\r\nredirection, and setting of clear-cut limits while helping a child to develop\r\nself-control, self-esteem, and respect for the rights of others. A foster\r\nparent shall discuss methods of discipline with the child's worker. A foster\r\nparent may not delegate discipline to older children or peers. Any discipline\r\nor control must be appropriate to the child's age and developmental level.\r\nPhysical punishment is prohibited.
\r\n\r\n\r\n\r\n
Source: 11 SDR\r\n101, effective February 3, 1985; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:05:16. Food\r\nquality -- Storage. Food must be free from spoilage and\r\ncontamination and shall be safe for human consumption. Fluid milk and fluid\r\nmilk products used or served must be pasteurized.
\r\n\r\n\r\n\r\n
Source: 11 SDR\r\n101, effective February 3, 1985; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:05:17. Insect\r\nand rodent control. Repealed.
\r\n\r\n\r\n\r\n
Source: 11 SDR\r\n101, effective February 3, 1985; repealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:05:18. Railings.\r\nFloor and wall openings, open-sided areas, or platforms 30 inches or more above\r\nthe adjacent ground level shall be guarded by a railing or barrier. The railing\r\nor barrier must be constructed to prevent the child from crawling or falling\r\nthrough or becoming entrapped.
\r\n\r\n\r\n\r\n
Source: 11 SDR\r\n101, effective February 3, 1985; 35 SDR 187, effective February 11, 2009; 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:05:19. Sleeping\r\nspace. Family foster homes shall have sufficient sleeping space to\r\naccommodate comfortably a child in care as well as the provider's family. The\r\nfoster home shall meet the following requirements:
\r\n\r\n\r\n\r\n
(1) Bed linens,\r\nblankets, and pillows shall be provided for all children;
\r\n\r\n(2) Children of\r\ndifferent sexes over the age of six may not sleep in the same room; and
\r\n\r\n(3) Children may not\r\nshare a bed with an adult.
\r\n\r\n\r\n\r\n
Source: 11 SDR 101,\r\neffective February 3, 1985; 44 SDR 94, effective December 4, 2017.
\r\n\r\nGeneral Authority: SDCL 26-6-16(6).
\r\n\r\nLaw Implemented: SDCL 26-6-16(6).
\r\n\r\n\r\n\r\n
67:42:05:20. Access\r\nto hazardous items. The following hazardous items must be inaccessible to
\r\n\r\n
(1) Firearms,\r\nincluding pellet guns, BB guns, and cap guns;
\r\n\r\n(2) Ammunition;
\r\n\r\n(3) Archery bows and\r\narrows; and
\r\n\r\n(4) Matches and\r\nlighters.
\r\n\r\n\r\n\r\n
Firearms must be kept unloaded
\r\n\r\n
Alcoholic beverages,\r\nmedications, poisonous materials, cleaning supplies, and other hazardous\r\nmaterials must be inaccessible to children. Smoking is prohibited in the foster\r\nfamily home or any vehicle used to transport the child while in the presence of\r\na child in foster care.
\r\n\r\n\r\n\r\n
The department may require the\r\nremoval or correction of other hazardous conditions or circumstances not\r\ncovered in this chapter if it considers the conditions or circumstances to have\r\nthe potential to cause injury or illness to the child in care.
\r\n\r\n\r\n\r\n
Source: 27 SDR 121,\r\neffective May 28, 2001; 39 SDR 220, effective June 27, 2013; 42 SDR 97,\r\neffective January 4, 2016;\r\n47 SDR 24, effective September 10, 2020.
\r\n\r\nGeneral Authority: SDCL 26-6-16(2)(6).
\r\n\r\nLaw Implemented: SDCL 26-6-16(2)(6).
\r\n\r\n\r\n\r\n
Cross-References: Requirements\r\nfor issuance of hunting license to child under sixteen -- Violation as\r\nmisdemeanor, SDCL 41-7-1; Department to provide for course of instruction, SDCL 41-7-2.
\r\n\r\n\r\n\r\n
67:42:05:21. Water\r\nsafety. A child who is placed in a licensed home which is adjacent to any\r\nbody of water or that has\r\na\r\nswimming pool shall be instructed in water safety appropriate for their age.\r\nWading pools\r\nshall\r\nbe emptied and stored when not in use. Swimming pools which are not emptied\r\nafter each\r\nuse\r\nshall have a fence on all sides at least four feet high or feature a hard shell\r\npower safety\r\ncover.\r\nIf a chain-link fence is used, the fence must be constructed of chain link that\r\ndoes not\r\nexceed\r\none and three-quarters inches. A wall of the home may be considered as one side\r\nof the\r\nfence.\r\nAll access through the fence shall have one of the following safety features:\r\nalarm, key\r\nlock,\r\nself-locking doors, bolt lock or another lock that is not accessible to a\r\nchild. Any exterior\r\ndoor\r\nleading from the house to the pool area shall have two of the safety features.\r\nWhen the\r\nswimming\r\npool is not in use all entry points shall be locked. Power Safety Covers should
\r\n\r\n
If the home has a hot tub, the\r\ntub must be covered with a safety cover approved by the American Society for\r\nTesting and Materials (ASTM).
\r\n\r\n\r\n\r\n
Source: 35 SDR 253,\r\neffective May 12, 2009; 44 SDR 94, effective December 4, 2017.
\r\n\r\nGeneral Authority: SDCL 26-6-16(2)(6).
\r\n\r\nLaw Implemented: SDCL 26-6-16(2)(6).
\r\n\r\n\r\n\r\n
Cross-Reference: ASTM\r\nF1346-91{2010}, Standard Performance Specification for
67:42:05:22. Medication\r\n-- Storage. All medications must be kept in a locked cabinet or\r\ncontainer. A foster parent may not permit medication prescribed for another\r\nperson to be given to a child in foster care.
\r\n\r\n\r\n\r\n
Source: 39 SDR\r\n220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
\r\n\r\n
Source:\r\n47
General\r\nAuthority: SDCL 26-6-16(1)(2)(6).
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16(1)(2)(6).
\r\n\r\n\r\n\r\n
\r\n\r\n
\r\n\r\n
Source:\r\n47 SDR 24, effective September 10, 2020.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16(2)(6).
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16(2)(6).
\r\n\r\n\r\n\r\n
CHAPTER 67:42:06
\r\n\r\n\r\nBASIC GROUP LIVING CENTERS FOR MINORS
\r\n\r\n\r\n\r\n67:42:06:01\r\nto 67:42:06:04 Repealed.
\r\n\r\n67:42:06:05\r\nto 67:42:06:07 Transferred.
\r\n\r\n67:42:06:08\r\nand 67:42:06:09 Repealed.
\r\n\r\n67:42:06:10\r\nto 67:42:06:13 Transferred.
\r\n\r\n\r\n\r\n67:42:06:01. Definition of basic group living center for\r\nminors.Repealed.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 4, effective July\r\n25, 1985.
\r\n\r\n\r\n67:42:06:02. Basic group living center and licensed child\r\nplacement agency relationship.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; transferred from § 67:14:22:02, 4 SDR 10,\r\neffective August 28, 1977; transferred from §67:41:05:02, 7 SDR 66,\r\n7 SDR 89, effective July 1, 1981; repealed, 12 SDR 4, effective July 25, 1985.
\r\n\r\n\r\n67:42:06:03. Qualifications for program director.Repealed.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 4, effective July\r\n25, 1985.
\r\n\r\n\r\n67:42:06:04. Staff-child ratio.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; transferred from § 67:14:22:17, 4 SDR 10,\r\neffective August 28, 1977; transferred from § 67:41:05:09, 7 SDR 66, 7 SDR\r\n89, effective July 1, 1981; repealed, 12 SDR 4, effective July 25, 1985.
\r\n\r\n\r\n67:42:06:05.Transferred to § 67:42:07:07.
\r\n\r\n\r\n67:42:06:06. Transferred to § 67:42:07:08.
\r\n\r\n\r\n67:42:06:07. Transferred to § 67:42:07:09.
\r\n\r\n\r\n67:42:06:08. Staff development and in-service training.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; transferred from § 67:14:22:21, 4 SDR 10,\r\neffective August 28, 1977; transferred from § 67:41:05:13, 7 SDR 66, 7 SDR\r\n89, effective July 1, 1981; repealed, 12 SDR 4, effective July 25, 1985.
\r\n\r\n\r\n67:42:06:09. Program requirements.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; transferred from § 67:14:22:23, 4 SDR 10,\r\neffective August 28, 1977; transferred from § 67:41:05:15, 7 SDR 66, 7 SDR\r\n89, effective July 1, 1981; repealed, 12 SDR 4, effective July 25, 1985.
\r\n\r\n\r\n67:42:06:10. Transferred to § 67:42:07:10.
\r\n\r\n\r\n67:42:06:11. Transferred to § 67:42:07:11.
\r\n\r\n\r\n67:42:06:12. Transferred to § 67:42:07:13.
\r\n\r\n\r\n67:42:06:13. Transferred to § 67:42:07:14.
\r\n\r\n\r\nCHAPTER 67:42:07
GROUP CARE CENTERS FOR MINORS
Section
67:42:07:01 Definitions.
67:42:07:01.01 Shelter care facility -- Length of stay.
67:42:07:01.02 Agreement to provide alternative services.
67:42:07:02 Qualifications for program director.
67:42:07:03 Staff-child ratio.
67:42:07:04 Orientation and in-service training.
67:42:07:04.01 Reasonable and prudent parent standard requirements, Transferred.
67:42:07:05 Treatment plan.
67:42:07:06 Repealed.
67:42:07:07 Staff qualifications -- Contact with references required.
67:42:07:08 Repealed.
67:42:07:09 Personnel record.
67:42:07:10 Health care of children.
67:42:07:11 Fire and health inspections.
67:42:07:11.01 Building plans.
67:42:07:12 Sleeping space.
67:42:07:13 Nutrition requirements.
67:42:07:14 Volunteers.
67:42:07:15 Staff responsibility for reporting suspected in-house incidents of child abuse or neglect.
67:42:07:15.01 Resident and family grievance procedures.
67:42:07:16 Facility procedures for handling suspected in-house child abuse.
67:42:07:17 Interstate placement of children.
67:42:07:18 Written policy on discipline.
67:42:07:19 Written procedures for medication administration.
67:42:07:20 Psychotropic medications.
67:42:07:21 Repealed.
67:42:07:22 Required medication records.
67:42:07:23 Medication control.
67:42:07:24 Use of seclusion and restraint to be approved by child placement agency -- Required documentation.
67:42:07:25 Physical requirements for room used for seclusion.
67:42:07:26 Staff person to monitor seclusion room.
67:42:07:27 Placement in seclusion or restraint -- Limits.
67:42:07:28 Review and evaluation of treatment plan.
67:42:07:29 Written policy requirements.
67:42:07:01. Definitions.\r\nAs
\r\n\r\n
(1) "After-care\r\nservices"\r\nmeans\r\nsupportive social services, as specified in the treatment plan, for the family
\r\n\r\n
(2) "Alternative\r\nservices"\r\nmeans\r\nan array of services that may be provided by the group care center to a child\r\nand the child's family and\r\nwhich\r\nare designed to enable the child to remain at home or to remain in or return to\r\na placement in the nearest possible proximity to the child's home or placement\r\nresource;
\r\n\r\n\r\n\r\n
(3) "Family\r\nservices"\r\nmeans\r\nsocial rehabilitative services provided to family members to alleviate problems
\r\n\r\n
(4) "Group care\r\ncenter"\r\nmeans\r\na facility licensed by the department to care for children who are experiencing\r\nfamily problems and interpersonal conflicts, are unable to remain in a family\r\nsetting, and require ongoing group and individual counseling or alternative\r\nservices in a structured treatment program using facility-based services;
\r\n\r\n\r\n\r\n
(5) "Personal\r\nrestraint" means
\r\n\r\n
(6) "Program\r\ndirector"\r\nmeans\r\nthe individual responsible for developing, implementing, supervising, and\r\nmonitoring the services provided;
\r\n\r\n\r\n\r\n
(7) "Seclusion"
\r\n\r\n
(8) "Shelter\r\ncare facility"\r\nmeans\r\na group care center that provides short-term, full-time care for children
\r\n\r\n
(9) "Short-term\r\nassessment services"\r\nmeans\r\nplanned or emergency diagnostic services that include
\r\n\r\n
(10) "Treatment\r\nplan"\r\nmeans\r\na plan that explains the child's social, psychological,
\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; transferred from § 67:14:23:01, 4 SDR 10, effective August 28,\r\n1977; transferred from § 67:41:06:01, 7 SDR 66, 7 SDR 89, effective July\r\n1, 1981; 12 SDR 4, effective July 25, 1985; 33 SDR 227, effective July 1, 2007;\r\n34 SDR 200, effective January 30, 2008; 47 SDR 24, effective September 10, 2020
General Authority: SDCL 26-6-16.
\r\n\r\nLaw Implemented: SDCL 26-6-14(1), 26-6-16.
\r\n\r\n\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
67:42:07:03. Staff-child\r\nratio. Child care staff must be employed to maintain daily living\r\nconditions for all children in care. Group care centers shall maintain a\r\nstaff-child ratio of one adult for each eight children or fraction thereof\r\nduring waking hours whenever children are present. In addition, shelter care\r\nfacilities shall maintain a staff-child ratio of one adult for each four\r\nchildren or fraction thereof under the age of four during waking hours. During\r\nsleeping hours, there must be at least one staff member present in each\r\nseparate sleeping unit to supervise children, but not less than one staff\r\nmember for each 25 children or fraction thereof in the building.
\r\n\r\n\r\n\r\n
Additional child care staff must be on call. A list of the\r\nstaff members on call must be posted by the facility's telephone in case of an\r\nemergency. The facility must have a written plan to ensure that staff, law\r\nenforcement, or appropriate emergency responders are available at the center\r\nwithin a reasonable time in the event of an emergency. Arrangements must be\r\nmade for employing substitute staff to serve children in emergencies, during\r\nvacations or illness of regular staff, and during the time when regular staff\r\nis off duty. Auxiliary staff members, such as certified special education teachers,\r\nmental health professionals, and physical or occupational therapists, must be\r\nprovided according to the defined purposes of the center.
\r\n\r\n\r\n\r\n
The department may require a higher staff-child ratio if\r\non-site visits indicate a need for more supervision to maintain control and\r\ndiscipline.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; 21 SDR\r\n206, effective June 4, 1995; 34 SDR 200, effective January 30, 2008; 39 SDR\r\n220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:07:04. Orientation\r\nand in-service training. The facility must have written plans for\r\norientation and in-service training. Each direct child care staff member shall\r\nparticipate in the in-service training. The written plan for in-service\r\ntraining must provide for training in the following areas for staff during the\r\nfirst year of employment:
\r\n\r\n\r\n\r\n
(1) Administrative procedures and overall program\r\ngoals;
\r\n\r\n(2) Understanding children's emotional needs and\r\nproblems that affect and inhibit their growth;
\r\n\r\n(3) Family relationships and the impact of\r\nseparation;
\r\n\r\n(4) Substance abuse, its recognition, prevention,\r\nand treatment;
\r\n\r\n(5) Identification and reporting of child abuse\r\nand neglect;
\r\n\r\n(6) Principles and practices of child care;
\r\n\r\n(7) Behavior management techniques;
\r\n\r\n(8) Use of seclusion and personal restraint, if\r\nused by the facility;
\r\n\r\n(9) Emergency and safety procedures; and
\r\n\r\n(10) Cultural sensitivity.
\r\n\r\n\r\n\r\n
Staff must receive training to become certified in basic\r\nfirst aid and cardiopulmonary resuscitation and must maintain certification\r\nthroughout employment.
\r\n\r\n\r\n\r\n
For staff beyond the first year of employment, the plan must\r\nprovide for competency-based training based on an annual evaluation of the\r\nstaff member's competencies.
\r\n\r\n\r\n\r\n
Each staff member must have 24 hours of training annually.\r\nThe facility shall provide a minimum of 24 hours of planned in-service training\r\nannually. The training in behavior management techniques and personal restraint\r\nmust be from a nationally recognized program.
\r\n\r\n\r\n\r\n
Staff members shall complete an orientation course within one\r\nmonth after they are hired. The facility may consider the orientation course a\r\npart of the required 24 hours of in-service training. The orientation course\r\nmust include the facility's functions, services, community resources, and\r\nspecific job functions.
\r\n\r\n\r\n\r\n
Supervision of staff members as they perform their routine\r\ntasks is not considered in-service training for purposes of this requirement.\r\nParticipation in training must be documented and kept in the individual's personnel\r\nfile.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; 34 SDR\r\n200, effective January 30, 2008; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:07:04.01. Reasonable and prudent parent standard requirements. Transferred to § 67:42:01:06.01.
Source: 42 SDR 97, effective January 4, 2016; 49 SDR 124, effective July 3, 2023.
\r\n\r\n
(1) An assessment\r\nof the child's needs and strengths, including implementation of the reasonable\r\nand prudent parent standard;
\r\n\r\n(2) Treatment goals\r\nfor the child and family, including a description of how family and aftercare\r\nservices will be provided, and projected times for achieving goals; and
\r\n\r\n(3) A discharge\r\nplan that includes the projected length of stay and the conditions under which\r\nthe child will be discharged.
\r\n\r\n\r\n\r\n
A shelter care facility that\r\ndoes not provide short-term assessment services is exempt from the requirement\r\nfor establishing a written case treatment plan.
\r\n\r\n\r\n\r\n
Source: 7 SDR 66, 7 SDR\r\n89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; portions of this\r\nrule were transferred to § 67:42:07:29, 34 SDR 200, effective January 30,\r\n2008; 39 SDR 220, effective June 27, 2013; 42 SDR 97, effective January 4,\r\n2016.
\r\n\r\nGeneral Authority: SDCL 26-6-16.
\r\n\r\nLaw Implemented: SDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:07:06. Compliance with chapter 67:42:06.Repealed.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 4, effective July\r\n25, 1985.
\r\n\r\n\r\n67:42:07:08. Staff\r\nhealth requirements. Repealed.
\r\n\r\n\r\n\r\n
Source: SL 1975,\r\nch 16, § 1; transferred from § 67:14:22:19, 4 SDR 10, effective\r\nAugust 28, 1977; transferred from § 67:41:05:11, 7 SDR 66, 7 SDR 89,\r\neffective July 1, 1981; transferred from § 67:42:06:06, 12 SDR 4,\r\neffective July 25, 1985; 15 SDR 162, effective May 4, 1989; 34 SDR 200,\r\neffective January 30, 2008; repealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:07:09. Personnel record. A\r\nfacility must maintain a personnel record on each employee and volunteer. The\r\nrecord must include the employee's or volunteer's educational background, job\r\ndescription, previous work history, annual performance appraisals together with\r\nthe employee's or volunteer's comments on the appraisal, a record of\r\norientation and in-service training, the annual assessment of training needs,\r\ndocumentation of the provider's contact with references, verification of\r\nscreening for substantiated reports of child abuse or neglect, and verification\r\nthat a criminal record check was completed.
\r\n\r\n\r\n\r\n
The facility must make its personnel records\r\navailable to the department for verification of the contents.
\r\n\r\n\r\n\r\n
Source: SL 1975, ch 16, § 1;\r\ntransferred from § 67:14:22:20, 4 SDR 10, effective August 28, 1977;\r\ntransferred from § 67:41:05:12, 7 SDR 66, 7 SDR 89, effective July 1,\r\n1981; transferred from § 67:42:06:07, 12 SDR 4, effective July 25, 1985;\r\n20 SDR 223, effective July 7, 1994; 39 SDR 220, effective June 27, 2013; 47 SDR\r\n24, effective September 10, 2020.
\r\n\r\nGeneral Authority: SDCL 26-6-16.
\r\n\r\nLaw Implemented: SDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-References: Screening for\r\nsubstantiated reports of abuse and neglect, § 67:42:01:05.02.
\r\n\r\nIssuance of child welfare license -- Criminal\r\nrecord of applicant to be secured -- Waiver by applicant -- When application\r\ndenied, SDCL 26-6-14.3.
\r\n\r\nPersons to whom criminal record requirement\r\napplies, SDCL 26-6-14.4.
\r\n\r\n\r\n\r\n
\r\n\r\n
67:42:07:10. Health\r\ncare of children. If a child is in care for 30 days or longer, the\r\nfacility shall maintain the following health information in the child's record:
\r\n\r\n\r\n\r\n
(1) A record of a physical examination made within\r\ntwelve months before or 30 days after admission;
\r\n\r\n(2) A written, continuing health and medical\r\nhistory including illnesses, hospitalization, and surgery;
\r\n\r\n(3) A record of current immunizations against\r\ndiphtheria, whooping cough, tetanus, polio, measles, mumps, and rubella;
\r\n\r\n(4) Reports of dental and hearing examinations and\r\ntreatments; and
\r\n\r\n(5) A signed authorization for regular and\r\nemergency medical and surgical care and for securing any medical reports. The\r\nfacility shall obtain this authorization at the time the child is placed into\r\nthe facility.
\r\n\r\n\r\n\r\n
Source: SL 1975,\r\nch 16, § 1; transferred from § 67:14:22:26, 4 SDR 10, effective\r\nAugust 28, 1977; transferred from § 67:41:05:18, 7 SDR 66, 7 SDR 89,\r\neffective July 1, 1981; transferred from § 67:42:06:10, 12 SDR 4,\r\neffective July 25, 1985; 21 SDR 206, effective June 4, 1995; 34 SDR 200,\r\neffective January 30, 2008; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-Reference:\r\nTests and immunizations for communicable diseases required for admission to\r\nschool -- Exceptions -- Rules, SDCL 13-28-7.1.
\r\n\r\n\r\n\r\n
67:42:07:12. Sleeping\r\nspace. A facility that cares for both genders shall provide for the\r\nseparation of the genders during sleeping hours for children over age six and\r\nshall provide for the monitoring of all sleeping children. The facility shall\r\nprovide each child with an individual bed and individual storage space for\r\npersonal belongings including space for clothing and individual items required\r\nto meet the child's day-to-day living needs. Bed linens, blankets, and pillows\r\nmust be provided for all children.
\r\n\r\n\r\n\r\n
Source: 12 SDR\r\n4, effective July 25, 1985; 34 SDR 200, effective January 30, 2008; 39 SDR 220,\r\neffective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-Reference:\r\nStaff-child ratio, § 67:42:07:03.
\r\n\r\n\r\n\r\n
67:42:07:13. Nutrition\r\nrequirements. A group care center shall provide a child in care with\r\nat least three meals a day. The meals must be of sufficient quantity to meet\r\nthe child's nutritional needs. The group care center must adhere to special\r\ndiets prescribed for the child by a physician or dietitian.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; transferred from § 67:42:06:12, 12\r\nSDR 4, effective July 25, 1985; 27 SDR 121, effective May 28, 2001; 39 SDR 220,\r\neffective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:07:14. Volunteers.\r\nA facility that regularly uses volunteers to work directly with children in\r\ncare shall meet the following requirements:
\r\n\r\n\r\n\r\n
(1) The facility must have a written description\r\nof duties and specific responsibilities for volunteer positions;
\r\n\r\n\r\n\r\n
(2) The facility must have at least three\r\nreferences for each volunteer. The references may not be related to the\r\nvolunteer. References must reflect positively on the volunteer and the provider\r\nmust check the references before the volunteer performs services. The provider\r\nshall document the contacts with the references. Documentation must be in the\r\nform of a written letter or documented conversation;
\r\n\r\n\r\n\r\n
(3) The facility shall designate a staff member to\r\nsupervise and evaluate volunteers;
\r\n\r\n\r\n\r\n
(4) The facility shall develop a written plan for\r\nthe orientation and training of volunteers in the purpose of the facility's\r\ntreatment program and the needs of the children in care;
\r\n\r\n\r\n\r\n
(5) The facility shall ensure that volunteers who\r\nwork 30 or more hours per week or who are used to meet the required staff-child\r\nratio to meet the training requirements of § 67:42:07:04;
\r\n\r\n\r\n\r\n
(6) The facility shall inform the volunteers of\r\ntheir obligation to report and the method of reporting suspected child abuse\r\nand neglect; and
\r\n\r\n\r\n\r\n
(7) The facility shall screen each volunteer\r\napplicant's name for substantiated reports of child abuse and neglect before\r\nthe volunteer performs services to children. A volunteer may not have on record\r\na substantiated report of child abuse or neglect.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; transferred from § 67:42:06:13, 12\r\nSDR 4, effective July 25, 1985; 15 SDR 162, effective May 4, 1989; 20 SDR 223,\r\neffective July 7, 1994; 34 SDR 200, effective January 30, 2008; 39 SDR 220,\r\neffective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-References: Staff-child\r\nratio, § 67:42:07:03.; Persons required to report child abuse or neglected\r\nchild -- Intentional failure as misdemeanor, SDCL 26-8A-3; Oral report of abuse or neglect -- To whom made -- Response report, SDCL 26-8A-8; Revocation or refusal to issue or renew license or registration for child abuse or violence, SDCL 26-6-23.1; Screening for substantiated reports of abuse and neglect, § 67:42:01:05.02; Issuance of child welfare license -- Criminal record of applicant to be secured -- Waiver by applicant -- When application denied, SDCL 26-6-14.3; Persons to whom criminal record requirement applies, SDCL 26-6-14.4; Waiver, fingerprinting and declaration as condition of employment -- Time -- Immediate termination of employee, SDCL 26-6-14.5.
\r\n\r\n\r\n\r\n
67:42:07:15. Staff responsibility for reporting suspected\r\nin-house incidents of child abuse or neglect. The facility shall require\r\neach staff member to read and sign a statement which defines child abuse and\r\nneglect and outlines the staff member's responsibility to report all incidents\r\nof child abuse or neglect according to state law. In addition to complying with\r\nSDCL 26-8A-3 and 26-8A-8, each staff member shall immediately report any suspected incident of child abuse or neglect to the executive director or the director's designee. The executive director or the designee shall immediately report any suspected or alleged in-house incident of child abuse or neglect to the department and cooperate fully in the investigation of any incident.
\r\n\r\n\r\nSource:\r\n12 SDR 4, effective July 25, 1985.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
Source:\r\n47 SDR 24, effective September 10, 2020.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16(1)(2)(6)
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16(1)(2)(6).
\r\n\r\n\r\n\r\n
67:42:07:16. Facility\r\nprocedures for handling suspected in-house child abuse. The facility\r\nshall have written procedures for handling suspected in-house child abuse. The\r\nprocedures must include at least the following:
\r\n\r\n\r\n\r\n
(1) A procedure for ensuring that the alleged\r\nincident could not recur while awaiting the official investigation by the\r\ndepartment or law enforcement;
\r\n\r\n\r\n\r\n
(2) A procedure for evaluating the continued\r\nemployability of any staff member determined to be involved in an incident of\r\nchild abuse.
\r\n\r\n\r\n\r\n
Source: 12 SDR\r\n4, effective July 25, 1985; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:07:17. Interstate placement of children. The\r\nfacility shall notify the department's interstate compact administrator before\r\naccepting an out-of-state child for placement in South Dakota.
\r\n\r\n\r\nSource:\r\n12 SDR 4, effective July 25, 1985.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\n67:42:07:20. Psychotropic medications. The facility may\r\nprovide psychotropic medications to a child only as prescribed by the physician\r\nresponsible for the diagnosis, treatment, and therapeutic planning for the\r\nchild; a certified nurse practitioner in collaboration with the physician; or a\r\nphysician's assistant supervised by the physician.
\r\n\r\n\r\nThe facility shall obtain from the\r\nprescribing physician, certified nurse practitioner, or physician's assistant a\r\nwritten report at least every 90 days detailing the reasons the psychotropic\r\nmedication is being continued, discontinued, or changed, as well as any\r\nrecommended changes in the treatment goals and plan. The prescribing physician,\r\ncertified nurse practitioner, or physician's assistant must base the report on\r\ntheir actual observation of the child as well as a review of the child's\r\nrecords.
\r\n\r\n\r\nSource:\r\n12 SDR 4, effective July 25, 1985; 27 SDR 121, effective May 28, 2001.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\n67:42:07:21. Administration of medications.Repealed.
\r\n\r\n\r\nSource:\r\n12 SDR 4, effective July 25, 1985; repealed, 12 SDR 127, effective February 9,\r\n1986.
\r\n\r\n\r\n67:42:07:22. Required medication records. The facility\r\nshall develop and follow a written medication schedule for each child receiving\r\nmedication. The schedule shall be used by the staff member administering\r\nmedication. The schedule shall be a part of the child's medical record and\r\nshall contain the following information:
\r\n\r\n\r\n(1) Name of child;
\r\n\r\n(2) Name of prescribing\r\nphysician or psychiatrist;
\r\n\r\n(3) Telephone number at\r\nwhich the prescribing physician or psychiatrist can be reached in case of\r\nmedical emergency;
\r\n\r\n(4) Date on which\r\nmedication is prescribed;
\r\n\r\n(5) Name of medication;
\r\n\r\n(6) Dosage of medication;
\r\n\r\n(7) When medication is to\r\nbe administered;
\r\n\r\n(8) Date medication will be\r\nreviewed; and
\r\n\r\n(9) Chart showing the date,\r\ntime, amount, and signature of person administering each dosage of medication.
\r\n\r\n\r\nSource:\r\n12 SDR 4, effective July 25, 1985.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\n67:42:07:23. Medication control. The facility shall keep\r\nall medications in a locked cabinet. The facility may not permit medication\r\nprescribed for one child to be given to another child. The facility shall\r\nmaintain a central registry of usage of psychotropic medications with entries\r\nmade the same day the medication is administered.
\r\n\r\n\r\nSource:\r\n12 SDR 4, effective July 25, 1985.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\n
\r\n\r\n
The\r\ndepartment may waive the space requirements for rooms used for seclusion that\r\nwere in existence before July 25, 1985, if the rooms meet all other\r\nrequirements in this section.
\r\n\r\n\r\n\r\n
\r\n\r\n
\r\n\r\n
(1) That\r\na child placed in seclusion does not inflict self-injury;
\r\n\r\n(2) That\r\nthe observation is documented and signed and becomes a part of the child's\r\nrecord;
\r\n\r\n(3) That\r\nthe personal needs of the child are met, including prompt access to washroom\r\nfacilities;
\r\n\r\n(4) That\r\nthe child receives all meals provided to other children in care; and
\r\n\r\n(5) If\r\nnecessary to ensure the safety of the child, the staff person is physically\r\npresent in the seclusion room to assist the child in controlling behavior.
\r\n\r\n\r\n\r\n
\r\n\r\n
67:42:07:29. Written\r\npolicy requirements. The facility must develop written policies
\r\n\r\n
(1) Intake;
\r\n\r\n(2) Treatment;
\r\n\r\n(3) Discharge;
\r\n\r\n(4) Discipline;
\r\n\r\n(5) Confidentiality;
\r\n\r\n(6) Reporting\r\nsuspected child abuse and neglect within the facility;
\r\n\r\n(7) Use of seclusion\r\nand personal restraint, if used by the facility;
\r\n\r\n(8) Health care of\r\nchildren;
\r\n\r\n (9) Emergency
(10) Reasonable and\r\nprudent parent standard.
\r\n\r\n\r\n\r\n
The facility must inform the\r\nchild's parent or guardian of these policies, including
\r\n\r\n
Source: 34 SDR 200,\r\neffective January 30, 2008; 42 SDR 97, effective January 4, 2016
General Authority: SDCL 26-6-16(6).
\r\n\r\nLaw Implemented: SDCL 26-6-16(6).
\r\n\r\n\r\n\r\n
CHAPTER 67:42:08
\r\n\r\n\r\nRESIDENTIAL TREATMENT CENTERS
\r\n\r\n\r\n\r\nSection
\r\n\r\n67:42:08:01 Definitions.
\r\n\r\n67:42:08:01.01 Eligibility requirements -- Residential treatment center.
\r\n\r\n67:42:08:01.02 Licensed practitioner.
\r\n\r\n67:42:08:02 Qualifications for program director.
\r\n\r\n67:42:08:03 Staff-child ratio.
\r\n\r\n67:42:08:04 Orientation and in-service training.
\r\n\r\n67:42:08:05 Treatment plan.
\r\n\r\n67:42:08:06 Compliance with chapter 67:42:07.
\r\n\r\n67:42:08:07 Review and evaluation of treatment plan.
\r\n\r\n67:42:08:08 Emergency safety intervention -- Face-to-face assessment required.
\r\n\r\n67:42:08:09 Written policy requirements.
\r\n\r\n67:42:08:10 Emergency safety intervention.
\r\n\r\n\r\n\r\n 67:42:08:01.01. Eligibility\r\nrequirements -- Residential treatment center. In addition to the\r\nrequirements contained in this chapter, a residential treatment center must\r\nmeet the requirements of 42 C.F.R. §§ 441.150
\r\n\r\n
Source: 33 SDR 227,\r\neffective July 1, 2007; 47 SDR 24, effective September 10, 2020.
\r\n\r\nGeneral Authority: SDCL 26-6-16(2)(6)(11).
\r\n\r\nLaw Implemented: SDCL 26-6-16(2)(6)(11).
\r\n\r\n\r\n\r\n
67:42:08:02. Qualifications\r\nfor program director. The program director of the residential\r\ntreatment center must have a master's degree in an accredited behavioral or\r\nsocial science area and at least two years of relevant alternative child care\r\nexperience or a bachelor's degree in an accredited behavioral or social science\r\narea and four years of relevant alternative child care experience. The program\r\ndirector may not have on record a substantiated report of child abuse or\r\nneglect.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; 15 SDR\r\n162, effective May 4, 1989; 20 SDR 223, effective July 7, 1994; 34 SDR 200,\r\neffective January 30, 2008.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-References: Revocation\r\nor refusal to issue or renew license or registration for child abuse or\r\nviolence, SDCL 26-6-23.1; Screening for substantiated reports of abuse and neglect, § 67:42:01:05.02.
\r\n\r\n\r\n\r\n
67:42:08:03. Staff-child\r\nratio. Child care staff must be employed to maintain daily living\r\nconditions for all children in care. There must be at least one staff member to\r\nsupervise each 6 children or fraction thereof during waking hours whenever\r\nchildren are present. During sleeping hours, there must be at least one staff\r\nmember present and awake in each separate sleeping unit to supervise children,\r\nbut not less than one staff member for each 12 children or fraction thereof in\r\nthe building. There must be a minimum of two adults on the grounds at all\r\ntimes. Additional child care staff must be on call. A list of the staff members\r\non call must be posted by the facility's telephone in case of an emergency. The\r\nfacility must have a written plan to ensure that staff, law enforcement, or\r\nappropriate emergency responders are available at the center within a\r\nreasonable time in the event of an emergency. Arrangements must be made for\r\nemploying substitute staff to serve children in emergencies, during vacations\r\nor illness of regular staff, and during the time when regular staff is off\r\nduty. Auxiliary staff members, such as certified special education teachers,\r\nmental health professionals, and physical or occupational therapists, must be\r\nprovided according to the defined purposes of the center.
\r\n\r\n\r\n\r\n
The department may require a higher adult-child ratio if\r\non-site visits indicate a need for more supervision to maintain control and\r\ndiscipline.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; 34 SDR\r\n200, effective January 30, 2008; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:08:04. Orientation\r\nand in-service training. Orientation and in-service training must be\r\nprovided according to § 67:42:07:04, except each direct child care staff\r\nmember in a residential treatment center shall participate in a minimum of 40\r\nclock hours of planned in-service training annually.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; 39 SDR\r\n220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:08:05. Treatment\r\nplan. The facility shall develop a written treatment plan for each\r\nchild in care within 14 days after the date of admission. The development of\r\nthe treatment plan must involve the child in care; the facility staff working\r\nwith the child, including members of the treatment team required by 42 C.F.R.\r\n§ 441.156, effective October 1, 2007; the placement agency; and if\r\nappropriate, the parent or guardian. The treatment plan must be signed by each\r\nof the individuals involved in development of the plan and, in addition to the\r\nrequirements contained in 42 C.F.R. § 441.155, must include an assessment\r\nof the child's needs and strength; treatment goals for the child and the\r\nchild's family with an integrated program of therapies, activities, and\r\nexperiences designed to meet the goals; projected times for achieving the\r\nstated goals; the projected length of stay; the conditions under which the\r\nchild will be discharged; and a discharge plan that meets the requirements of\r\n§ 67:42:15:12.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; 27 SDR\r\n121, effective May 28, 2001; 33 SDR 227, effective July 1, 2007; 34 SDR 200,\r\neffective January 30, 2008; 35 SDR 187, effective February 11, 2009; 39 SDR\r\n220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-References: Individual\r\nplan of care, 42 C.F.R. § 441.155; Protection of residents -- Emergency\r\nsafety intervention, 42 C.F.R. § 483.356(b).
\r\n\r\n\r\n\r\n
67:42:08:07. Review\r\nand evaluation of treatment plan. A case record must be maintained\r\non each child according to § 67:42:01:21. The facility must secure the\r\nrecords against loss, tampering, or unauthorized use.
\r\n\r\n\r\n\r\n
When the 30-day review of the child's treatment plan is\r\ncomplete, a progress report must be sent to the child's placement agency. The\r\nfacility shall send a copy of the monthly report to the child's parent or\r\nguardian if the parent or guardian was involved in the child's placement or is\r\nactively involved in treatment planning. At least once every three months the\r\ntreatment plan must be updated. The updated treatment plan must include the\r\nprogress made toward achieving the goals in the previous plan and any\r\namendments made to the plan. When complete, a copy of the plan amendments must\r\nbe sent to the child's placement agency and the parent, if applicable. During\r\nthe month of the quarterly review, the 30-day progress report may be\r\nincorporated into the quarterly review and treatment plan amendment.
\r\n\r\n\r\n\r\n
Source: 12 SDR\r\n4, effective July 25, 1985; 33 SDR 227, effective July 1, 2007; 34 SDR 200,\r\neffective January 30, 2008.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-References: Treatment\r\nplan, § 67:42:08:05; Individual plan of care -- Required 30-day review, 42\r\nC.F.R. § 441.155(c).
\r\n\r\n\r\n\r\n
67:42:08:08. Emergency\r\nsafety intervention -- Face-to-face assessment required. The\r\nface-to-face assessment required under the provisions of 42 C.F.R.\r\n§ 483.358(f), as amended to January 1, 2007, must be provided by a\r\nphysician, a licensed practitioner, a registered nurse, or a licensed social\r\nwork associate who has a bachelor's degree and certification as a trainer in a\r\nnationally-recognized program of behavior management and personal restraint.
\r\n\r\n\r\n\r\n
Source: 33 SDR\r\n227, effective July 1, 2007; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:08:09. Written\r\npolicy requirements. The facility must develop written policies
\r\n\r\n
(1) Intake;
\r\n\r\n(2) Treatment;
\r\n\r\n(3) Discharge;
\r\n\r\n(4) Discipline;
\r\n\r\n(5) Confidentiality;
\r\n\r\n(6) Reporting\r\nsuspected child abuse and neglect within the facility;
\r\n\r\n (7)
(8) Health care of\r\nchildren; and
\r\n\r\n (9) Emergency
\r\n\r\n
The facility must inform the\r\nchild's parent or guardian of the facility's policies, including
\r\n\r\n
Source: 34 SDR 200,\r\neffective January 30, 2008; 47 SDR 24, effective September 10, 2020.
\r\n\r\nGeneral Authority: SDCL 26-6-16(6).
\r\n\r\nLaw Implemented: SDCL 26-6-16(6).
\r\n\r\n\r\n\r\n
67:42:08:10. Emergency\r\nsafety intervention. A licensed physician, a licensed practitioner,\r\na registered nurse, or a licensed social work associate who has bachelor's\r\ndegree and certification as a trainer in a nationally-recognized program of\r\nbehavior management and personal restraint is authorized to order and monitor\r\nthe use of personal restraint. The facility shall conduct a review on a random\r\nsampling of orders to ensure that each licensed social work associate providing\r\nan order meets the requirements of this section.
\r\n\r\n\r\n\r\n
Source: 39 SDR\r\n220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
CHAPTER 67:42:09
\r\n\r\n\r\n\r\n
CHILD PLACEMENT\r\nAGENCIES
\r\n\r\n\r\n\r\n
\r\n\r\n
Section
\r\n\r\n67:42:09:01 Definitions.
\r\n\r\n67:42:09:02 Repealed.
\r\n\r\n67:42:09:03 Repealed.
\r\n\r\n67:42:09:04 Fees for services.
\r\n\r\n67:42:09:05 Repealed
\r\n\r\n67:42:09:06 Repealed.
\r\n\r\n67:42:09:07 Qualifications for staff providing supervision.
\r\n\r\n67:42:09:07.01 Requirements for staff providing direct\r\nservices and support to clients.
\r\n\r\n67:42:09:08 Qualifications and responsibilities of\r\nparaprofessional staff.
\r\n\r\n67:42:09:08.01 Contact with references required.
\r\n\r\n67:42:09:09 Use of volunteers.
\r\n\r\n67:42:09:10 Orientation and in-service training.
\r\n\r\n67:42:09:11 Staff personnel records.
\r\n\r\n67:42:09:12 Repealed.
\r\n\r\n67:42:09:13 Standard\r\nrequirements and responsibilities in the provision of client services.
\r\n\r\n67:42:09:14 Repealed.
\r\n\r\n67:42:09:15 Agency qualifications for adoptive\r\napplicants.
\r\n\r\n67:42:09:16 Adoptive placement services.
\r\n\r\n67:42:09:17 Foster care services.
\r\n\r\n67:42:09:18 Foster home services.
\r\n\r\n67:42:09:18.01 Repealed.
\r\n\r\n67:42:09:18.02 Host family volunteers.
\r\n\r\n67:42:09:19 Medical and dental services.
\r\n\r\n67:42:09:20 Repealed.
\r\n\r\n67:42:09:21 Legal services and responsibilities.
\r\n\r\n67:42:09:22 Other agency services.
\r\n\r\n67:42:09:23 Interstate placement of children.
\r\n\r\n67:42:09:24 Client case records.
\r\n\r\n67:42:09:25 Foster home record.
\r\n\r\n67:42:09:26 Adoptive home record.
\r\n\r\n67:42:09:27 Repealed.
\r\n\r\n\r\n\r\n
\r\n\r\n
67:42:09:01. Definitions.\r\nTerms used in this chapter, unless the context plainly requires otherwise,\r\nmean:
\r\n\r\n\r\n\r\n
(1) "Agency," a child placement agency\r\nas provided in SDCL 26-6-14;
\r\n\r\n(2) "Client," any person who uses the\r\nservices of child placement agencies licensed under this chapter;
\r\n\r\n(3) "Alternate care family," family\r\nfoster homes and adoptive placement homes used by child placement agencies\r\nlicensed under this chapter; and
\r\n\r\n(4) "Host family," a nonpaid volunteer\r\nfamily who provides supplemental care or coparenting to a child to minimize the\r\nrisk for abuse and neglect.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 39 SDR 127, effective January 23, 2013;\r\n39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-14, 26-6-16.
\r\n\r\n\r\n\r\n
67:42:09:04. Fees for services. The agency shall have a\r\nwritten fee policy for services provided to children, biological parents,\r\nadoption applicants, and adoptive parents. The fees shall be based on the cost\r\nof the services provided, and the fee policy shall include the conditions under\r\nwhich fees are charged or waived. The agency shall have a written statement on\r\npayment procedures for maintenance costs to foster parents.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\n67:42:09:05. Gratuities prohibited.Repealed.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 187, effective May\r\n29, 1986.
\r\n\r\n\r\n67:42:09:06. Qualifications for director of social services.Repealed.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 187, effective May\r\n29, 1986.
\r\n\r\n\r\n 67:42:09:07. Qualifications\r\nfor staff\r\nproviding supervision. An individual who supervises
\r\n\r\n
Source: 7 SDR 66, 7 SDR\r\n89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 20 SDR 223,\r\neffective July 7, 1994; 27 SDR 121, effective May 28, 2001; 47 SDR 24,\r\neffective September 10, 2020.
\r\n\r\nGeneral Authority: SDCL 26-6-16(1)(6).
\r\n\r\nLaw Implemented: SDCL 26-6-16(1)(6).
\r\n\r\n\r\n\r\n
Cross-Reference:\r\nScreening for substantiated reports of abuse and neglect,\r\n§ 67:42:01:05.02.
\r\n\r\n\r\n\r\n
67:42:09:07.01. Requirements\r\nfor staff providing direct services and support to clients. Staff\r\nperforming intake services, direct services to children
\r\n\r\n
Source: 12 SDR 187,\r\neffective May 29, 1986; 20 SDR 223, effective July 7, 1994; 47 SDR 24,\r\neffective September 10, 2020.
\r\n\r\nGeneral Authority: SDCL 26-6-16(6).
\r\n\r\nLaw Implemented: SDCL 26-6-16(6).
\r\n\r\n\r\n\r\n
Cross-References:\r\nStandard requirements and responsibilities in the provision of client services,\r\n§ 67:42:09:13; Screening for substantiated reports of abuse and neglect,\r\n§ 67:42:01:05.02.
\r\n\r\n\r\n\r\n
67:42:09:08. Qualifications\r\nand responsibilities of paraprofessional staff. An agency may employ\r\nparaprofessional staff to assist the social work staff. The paraprofessional\r\nstaff may perform work only under the social work supervisor or social worker\r\nand may not assume the full responsibilities and duties normally assigned to a\r\nsocial worker. Paraprofessional staff may not have on record a substantiated\r\nreport of child abuse or neglect.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 20\r\nSDR 223, effective July 7, 1994; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-Reference:\r\nScreening for substantiated reports of abuse and neglect,\r\n§ 67:42:01:05.02.
\r\n\r\n\r\n\r\n
67:42:09:08.01. Contact\r\nwith references required. The facility shall contact at least three\r\nformer employers or, if former employers are not available, professional\r\nreferences of an employee applicant concerning the applicant's character and\r\ncompetence. The employee applicant may not be related to the former employers\r\nor the references. The facility shall maintain a record of the contacts.\r\nRecords of contact must be in the form of a documented conversation or a\r\nwritten letter. Contacts must be on record before hiring staff.
\r\n\r\n\r\n\r\n
Source: 12 SDR\r\n187, effective May 29, 1986; 20 SDR 223, effective July 7, 1994; 39 SDR 220,\r\neffective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:09:09. Use of volunteers. An agency which regularly\r\nuses volunteers to work directly with clients shall do the following:
\r\n\r\n\r\n(1) The facility must have\r\na written description of duties and specific responsibilities for volunteer\r\npositions;
\r\n\r\n\r\n(2) The facility must have\r\nat least three references for each volunteer. The references may not be related\r\nto the volunteer. References must be checked before the volunteer performs\r\nservices. The provider must document the contacts with the references. Documentation\r\nmust be in the form of a written letter or documented conversation;
\r\n\r\n\r\n(3) The facility must\r\ndesignate a staff member to supervise and evaluate volunteers;
\r\n\r\n\r\n(4) The facility must\r\ndevelop a written plan for the orientation and training of volunteers in the\r\nphilosophy of the agency and the needs of the children in care;
\r\n\r\n\r\n(5) The facility must\r\nensure that volunteers who work 30 or more hours per week meet the training\r\nrequirements of § 67:42:09:10;
\r\n\r\n\r\n(6) The facility must\r\ninform the volunteers of their obligation to report and the method of reporting\r\nsuspected child abuse and neglect in accordance with SDCL 26-8A-3 and 26-8A-8; and
\r\n\r\n\r\n(7) The facility must\r\nscreen each volunteer applicant's name for substantiated reports of child abuse\r\nor neglect before the volunteer performs services to children. A volunteer may\r\nnot have on record a substantiated report of child abuse or neglect.
\r\n\r\n\r\nVolunteers may not assume the duties\r\nof a social worker unless licensed as a social worker according to SDCL 36-26-15 or licensed as a social work associate according to SDCL 36-26-16.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986;\r\n20 SDR 223, effective July 7, 1994.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\nCross-Reference:\r\nScreening for substantiated reports of abuse and neglect,\r\n§ 67:42:01:05.02.
\r\n\r\n\r\n67:42:09:10. Orientation\r\nand in-service training. The agency shall have written plans for\r\norientation and ongoing in-service training. Each staff member shall\r\nparticipate in the in-service training. The written plan for in-service\r\ntraining shall address the following areas for staff during the first year of\r\nemployment:
\r\n\r\n\r\n\r\n
(1) Administrative procedures and overall program\r\ngoals;
\r\n\r\n(2) Understanding children's emotional needs and\r\nproblems which affect and inhibit their growth;
\r\n\r\n(3) Family relationships and the impact of\r\nseparation;
\r\n\r\n(4) Substance abuse and its recognition,\r\nprevention, and treatment;
\r\n\r\n(5) Identification and reporting of child abuse\r\nand neglect; and
\r\n\r\n(6) Principals and practices of child care.
\r\n\r\n\r\n\r\n
For staff beyond the first year of employment, the plan must provide\r\nfor competency-based training based on an annual evaluation of the staff\r\nmember's competencies.
\r\n\r\n\r\n\r\n
Each staff member shall have a minimum of 30 clock hours of\r\nin-service training annually.
\r\n\r\n\r\n\r\n
An orientation course shall be completed by staff members\r\nwithin one month of their hire date. The agency may consider the orientation\r\ncourse a part of the required 30 hours of in-service training. The orientation\r\ncourse shall include the agency's functions, services, community resources, and\r\nspecific job functions. Supervision of staff members as they perform their\r\nroutine tasks may not be considered training activities for purposes of this\r\nrequirement. Participation in training shall be documented and kept in the\r\nindividual personnel files.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:09:11. Staff personnel records. A facility must\r\nmaintain a personnel record on each employee and volunteer. The record must\r\ninclude the employee's or volunteer's application showing qualifications and\r\nexperience, a job description, annual performance appraisals together with the\r\nemployee's or volunteer's comments on the appraisal, a record of orientation\r\nand in-service training, documentation of the provider's contact with\r\nreferences, documentation of screening for substantiated reports of child abuse\r\nand neglect, and documentation that a criminal record check was completed.
\r\n\r\n\r\nThe facility must make its personnel\r\nrecords available to the department for verification of the contents.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986;\r\n20 SDR 223, effective July 7, 1994.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\nCross-Reference:\r\nScreening for substantiated reports of abuse and neglect,\r\n§ 67:42:01:05.02.
\r\n\r\n\r\n67:42:09:12. Intake\r\npolicy. Repealed.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986;\r\nrepealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:09:13. Standard\r\nrequirements and responsibilities in the provision of client services.\r\nExtensive efforts shall be made to protect a child from unnecessary separation\r\nfrom the child's family or relatives. The agency's policies and procedures\r\nshall be written in accordance with these objectives and shall include the\r\nfollowing:
\r\n\r\n\r\n\r\n
(1) Intake services to determine whether or not\r\nthe agency is suited to the client's needs;
\r\n\r\n\r\n\r\n
(2) Treatment planning services through which the\r\nclient and worker jointly determine the need and the services to be provided;
\r\n\r\n\r\n\r\n
(3) Preplacement prevention services to resolve\r\nidentified needs so as to prevent the separation of a child from parents;
\r\n\r\n\r\n\r\n
(4) Permanency planning services provided after\r\nthe placement of a child in a temporary foster home to help the child return to\r\nthe child's family or to help the child achieve a permanent placement in the\r\nhome of a relative, in an adoptive home, in a guardianship arrangement, in a\r\nlong-term foster home placement, or in another permanent placement;
\r\n\r\n\r\n\r\n
(5) Home finding - services for the recruitment,\r\ndevelopment, approval, and maintenance of foster and adoptive homes that\r\nreflects the ethnic and racial diversity of the child for whom a foster or\r\nadoptive home is needed;
\r\n\r\n\r\n\r\n
(6) Placement and supervision - services\r\nassociated with placement of a child in foster care or an adoptive home to\r\ninsure successful placement; and
\r\n\r\n\r\n\r\n
(7) Follow-up services to determine a client's\r\nneed for further service.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 27\r\nSDR 121, effective May 28, 2001; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-References:\r\nDefinition of case plan, § 67:42:01:01; Foster care plan,\r\n§ 67:42:09:17.
\r\n\r\n\r\n\r\n
67:42:09:14. Adoptive\r\nservices. Repealed.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; repealed, 39 SDR 220, effective June 27,\r\n2013.
\r\n\r\n\r\n\r\n
67:42:09:15. Agency qualifications\r\nfor adoptive applicants. The agency must establish written qualifications\r\nfor an adoptive applicant which include the following requirements:
\r\n\r\n\r\n\r\n
(1) The applicant and members of the\r\napplicant's household must meet the requirements of § 67:14:32:08;
\r\n\r\n\r\n\r\n
(2) The house must have working smoke\r\ndetectors near the sleeping area. The water supply must be derived from a\r\ncommunity water system or must be tested for bacteria and nitrates by the\r\nDepartment of Agriculture and Natural Resources or a laboratory certified by\r\nthe Department of Health to conduct such tests and be determined to be safe for\r\nconsumption. There must be space to accommodate the family's needs, including\r\nthe needs of the child placed for adoption;
\r\n\r\n\r\n\r\n
(3) The applicant must meet the\r\nphysical health requirements of § 67:14:32:09. This requirement may be\r\nwaived when a foster parent applies to adopt a child in foster care who is\r\ncurrently in the applicant's care;
\r\n\r\n\r\n\r\n
(4) The household members have passed a\r\nscreening for substantiated reports of child abuse or neglect under the provisions\r\nof § 67:14:32:05.03; and
\r\n\r\n\r\n\r\n
(5) The household members have passed a\r\ncriminal record check under the provisions of § 67:14:32:05.05.
\r\n\r\n\r\n\r\n
Source: 7 SDR 66, 7 SDR 89, effective July\r\n1, 1981; 12 SDR 187, effective May 29, 1986; 17 SDR 157, effective April 23,\r\n1991; 21 SDR 206, effective June 4, 1995; 27 SDR 121, effective May 28, 2001;\r\n39 SDR 220, effective June 27, 2013; SL 2021, ch 1, §§ 8, 19, effective April\r\n19, 2021.
\r\n\r\nGeneral Authority: SDCL 26-6-16.
\r\n\r\nLaw Implemented: SDCL 26-6-8, 26-6-16, 26-6-23.2.
\r\n\r\n\r\n\r\n
Cross-References: Right of licensed foster\r\nparents to apply for adoption -- Primary consideration, SDCL 26-6-21.1; Definition of community water system, § 74:04:05:01.
\r\n\r\n\r\n\r\n
67:42:09:16. Adoptive\r\nplacement services. The agency shall adopt written policies for the\r\nplacement of a child free for adoption. The policies must provide for the\r\nfollowing:
\r\n\r\n\r\n\r\n
(1) Placement into an adoptive home as soon as\r\npossible after the child is legally free for adoption;
\r\n\r\n(2) Placement of an Indian child according to the\r\nIndian Child Welfare Act;
\r\n\r\n(3) Placement in the best interests of the child;
\r\n\r\n(4) Placement with relatives or extended family\r\nmembers if it is in the best interests of the child;
\r\n\r\n(5) Placement to meet the child's distinctive\r\nneeds;
\r\n\r\n(6) Prohibition of placement based solely on the\r\nbasis of race, color, or national origin of the adoptive or foster parent or\r\nthe child involved;
\r\n\r\n(7) Continuation of services to assist the child\r\nand family, including payment of an adoption subsidy, if indicated in the\r\nchild's case plan; and
\r\n\r\n(8) Delivery of a copy of the child's current\r\nmedical records to the child's adoptive parents.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 27\r\nSDR 121, effective May 28, 2001; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-8, 26-6-16.
\r\n\r\n\r\n\r\n
67:42:09:17. Foster\r\ncare services. The agency shall establish written policies for\r\nproviding foster care services that include at least the following:
\r\n\r\n\r\n\r\n
(1) A case plan to be developed within 30 days\r\nafter the child's placement in foster care. The plan shall include a statement\r\nof where the child is being placed and assurances that this placement is the\r\nleast restrictive setting available for the child; a statement regarding the\r\nnecessity of the foster care placement; a description of the services which are\r\nto be provided to the child and the child's family to facilitate a permanent\r\nplan for the child; and projected dates for attaining the established goals;
\r\n\r\n\r\n\r\n
(2) Continuing casework services to the child's\r\nparents and to the child to prepare them for the child's eventual return or to\r\nprepare them for other permanent plans being made for the child;
\r\n\r\n\r\n\r\n
(3) Continuing casework services to the child and\r\nthe child's foster parents as indicated in the child's case plan. The child's\r\nsocial worker shall visit the child and the child's foster parents at least\r\nonce a month;
\r\n\r\n\r\n\r\n
(4) Continuing contacts between the child's\r\nparents and their children unless parental rights have been terminated or\r\neither the court which has jurisdiction over the child or the child placement\r\nagency which has been assigned care, custody, and control of the child has\r\ndetermined that the contacts would be detrimental to the child's welfare;
\r\n\r\n\r\n\r\n
(5) Regular educational instruction for children\r\nof school age; and
\r\n\r\n\r\n\r\n
(6) Closure of a child's case. Closure of a case\r\nmay occur only after a permanent plan has been established and services are no\r\nlonger required.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-Reference:\r\nDefinition of case plan, subdivision 67:42:01:01(8).
\r\n\r\n\r\n\r\n
67:42:09:18.02. Host family volunteers. The following sections apply to host families: § 67:42:01:05.01, § 67:42:01:05.02, § 67:42:05:04, § 67:42:05:06, §§ 67:42:05:10.01 to 67:42:05:12, inclusive; and §§ 67:42:05:15 to 67:42:05:24, inclusive. The terms, host family, or, host families, shall be substituted for the terms, foster parent, or foster parents, when applying the listed sections to host families.
Each host family must complete training that includes:
i) Child development and attachment;
ii) Impact of separation and trauma;
iii) Managing behavior;
iv) Family engagement;
v) Reporting of abuse and neglect; and
vi) Home and vehicle safety.
Source: 39 SDR 127, effective January 23, 2013; 48 SDR 131, effective July 4, 2022.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-14, 26-6-16.
67:42:09:19. Medical\r\nand dental services. The agency shall establish a written policy for\r\nthe health care of every child in its care. Each child must receive physical\r\nand dental examinations as follows:
\r\n\r\n\r\n\r\n
(1) A physical examination must be given according\r\nto the following age schedule:
\r\n\r\n\r\n\r\n
(a) Three to five days;
\r\n\r\n(b) By one month;
\r\n\r\n(c) Two months;
\r\n\r\n(d) Four months;
\r\n\r\n(e) Six months;
\r\n\r\n(f) Nine months;
\r\n\r\n(g) 12 months;
\r\n\r\n(h) 15 months;
\r\n\r\n(i) 18 months;
\r\n\r\n(j) 24 months;
\r\n\r\n(k) 30 months; and
\r\n\r\n(l) At three years, every year until age 18;
\r\n\r\n\r\n\r\n
(2) A dental examination must be given to each\r\nchild once a year beginning at age one. The dental examination may be provided\r\nby either a physician or a dentist until age four. Beginning at age five the\r\ndental examination must be provided by a dentist;
\r\n\r\n\r\n\r\n
(3) The agency shall obtain current immunizations\r\nand vaccinations for each child in its care in accordance with SDCL 13-28-7.1; and
\r\n\r\n\r\n\r\n
(4) A child being placed in an adoptive home must\r\nbe given a physical examination and a dental examination prior to the adoptive\r\nplacement.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:09:20. Services\r\nto unmarried parents. Repealed.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986;\r\nrepealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
\r\n\r\n
\r\n\r\n
67:42:09:22. Other\r\nagency services. The agency shall provide or procure other services\r\nas needs may demand. The services may include psychiatric, legal, religious,\r\nspecial education, and physical therapy services. The agency shall ensure that\r\nadequate incidental, clothing, and educational expenses are allowed for each\r\nchild in its care.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:09:23. Interstate placement of children. Any child\r\nreceived by the agency from, or placed by the agency in, another state must be\r\nreceived or placed in accordance with chapter 67:14:24 on interstate placement\r\nof children or in accordance with comparable tribal laws on the receiving and\r\nplacing of children.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\n67:42:09:24. Client\r\ncase records. The child placement agency shall maintain a current\r\nand securely filed case record on each client served. The case records shall\r\ninclude at least the following:
\r\n\r\n\r\n\r\n
(1) The current addresses of parents or other\r\nsignificant persons;
\r\n\r\n(2) Medical records with significant family health\r\nhistory and signed statements authorizing necessary medical or surgical\r\ntreatment;
\r\n\r\n(3) Correspondence;
\r\n\r\n(4) Legal documents;
\r\n\r\n(5) Agency agreements or contracts;
\r\n\r\n(6) Reports from schools, specialists, and other\r\nagencies;
\r\n\r\n(7) A case plan; and
\r\n\r\n(8) Dated, ongoing records of treatment,\r\nsupervisory visits, narrative of case worker visits, conferences, and contacts\r\nwith other persons concerning services provided to the client.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-References:\r\nDefinition of case plan, subdivision 67:42:01:01(3); Foster care services,\r\n§ 67:42:09:17.
\r\n\r\n\r\n\r\n
67:42:09:25. Foster\r\nhome record. The child placement agency shall keep a current record\r\non each of the foster homes it has approved to care for children who are under\r\nthe age of 18. The record must contain the following information:
\r\n\r\n\r\n\r\n
(1) The initial application and the annual\r\nreapplication for approval;
\r\n\r\n\r\n\r\n
(2) Annual documented compliance with the\r\nrequirements of chapters 67:42:01 and 67:42:05 or the foster home licensing\r\nstandards established by a tribe in accordance with tribal law;
\r\n\r\n\r\n\r\n
(3) A dated narrative record of all contacts\r\nregarding the home's compliance with licensing standards and a closure summary\r\nwith the reasons for the closure, if applicable; and
\r\n\r\n\r\n\r\n
(4) The home's annual certificates or letters of\r\napproval.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986; 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:09:26. Adoptive home record. The adoptive home\r\nrecord must include a signed application to adopt a child and a physician's\r\nreport regarding the current health and any conditions of the applicants that\r\nmight affect their own future health or life expectancy or adversely affect the\r\nchild; correspondence; a complete record of the adoptive study which must\r\ncontain the elements specified in § 67:14:32:11.01, together with the\r\nagency's evaluation and recommendations; a complete record of all written references;\r\nupon placement of the child in the home a signed agreement as to the terms of\r\nthe placement; a record of placement of the child in the home and periodic\r\nevaluation of progress in the home with final recommendation as to legal\r\nadoption; and copies of legal documents upon final completion of the adoption.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 206, effective June 4, 1995.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\nCross-Reference:\r\nAdoptive study, § 67:14:32:11.01.
\r\n\r\n\r\n67:42:09:27. Agency\r\nrecord and reports. Repealed.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 12 SDR 187, effective May 29, 1986;\r\nrepealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
CHAPTER 67:42:10
LICENSED DAY CARE PROGRAMS
(Repealed)
Section
67:42:10:00 Definitions, Repealed.
67:42:10:01 Statement defining purpose and function, Repealed.
67:42:10:02 Qualifications for director or proprietor, Repealed.
67:42:10:02.01 Qualifications for individual responsible for program planning and staff supervision, Repealed.
67:42:10:03 Transferred.
67:42:10:04 Repealed.
67:42:10:05 Qualifications of staff members, Repealed.
67:42:10:06 Staff development and training, Repealed.
67:42:10:06.01 Staff orientation, Repealed.
67:42:10:07 Staff-child ratio, Repealed.
67:42:10:08 Repealed.
67:42:10:09 Staff records and hiring requirements, Repealed.
67:42:10:10 Program standards, Repealed.
67:42:10:11 Standards for discipline, Repealed.
67:42:10:12 Parental involvement, Repealed.
67:42:10:13 Nutrition requirements, Repealed.
67:42:10:14 Health standards and immunizations for day care children, Repealed.
67:42:10:15 Medications, Repealed.
67:42:10:16 Building plans, Repealed.
67:42:10:17 Compliance with environmental health standards required -- Environmental health survey, Repealed.
67:42:10:18 Fire and life safety, Repealed.
67:42:10:19 Physical standards for facility, Repealed.
67:42:10:20 Night-time care, Repealed.
67:42:10:21 Repealed.
67:42:10:22 Staff responsibility for reporting suspected incidents of child abuse or neglect, Repealed.
67:42:10:23 Center procedures for handling suspected in-house child abuse, Repealed.
67:42:10:24 Storage for personal items, Repealed.
67:42:10:25 Staff person trained in first aid and CPR must be on site during hours of operation, Repealed.
67:42:10:00. Definitions. Repealed.
Source: 12 SDR 209, effective July 6, 1986; 15 SDR 162, effective May 4, 1989; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:10:01. Statement defining purpose and function. Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:13, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:05, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:10:02. Qualifications for director or proprietor. Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:16, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:07, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 20 SDR 223, effective July 7, 1994; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:10:02.01. Qualifications for individual responsible for program planning and staff supervision. Repealed.
Source: 12 SDR 209, effective July 6, 1986; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 49 SDR 124, effective July 3, 2023.
67:42:10:03. Transferred to § 67:42:10:10.
\r\n\r\n\r\n67:42:10:04. Responsibilities of and qualifications for\r\nteacher.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; transferred\r\nfrom § 67:14:19:17, 4 SDR 10, effective August 28, 1977; transferred from\r\n§ 67:41:04:08, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209,\r\neffective July 6, 1986; 20 SDR 223, effective July 7, 1994; repealed, 31 SDR\r\n40, effective September 29, 2004.
\r\n\r\n\r\n67:42:10:05. Qualifications of staff members. Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:18, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:09, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 15 SDR 162, effective May 4, 1989; 20 SDR 223, effective July 7, 1994; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:10:06. Staff development and training. Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:19, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:10, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:10:06.01. Staff orientation. Repealed.
Source: 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 45 SDR 82, effective December 10, 2018; 49 SDR 124, effective July 3, 2023.
67:42:10:07. Staff-child ratio. Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:20, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:11, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:10:08. Staff\r\nhealth requirements. Repealed.
\r\n\r\n\r\n\r\n
Source: SL 1975,\r\nch 16, § 1; transferred from § 67:14:19:24, 4 SDR 10, effective\r\nAugust 28, 1977; transferred from § 67:41:04:16, 7 SDR 66, 7 SDR 89,\r\neffective July 1, 1981; 12 SDR 209, effective July 6, 1986; 15 SDR 162,\r\neffective May 4, 1989; 21 SDR 206, effective June 4, 1995; repealed, 39 SDR\r\n220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:10:09. Staff records and hiring requirements. Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:29, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:20, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 20 SDR 223, effective July 7, 1994; 21 SDR 206, effective June 4, 1995; 24 SDR 76, effective December 11, 1997; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 45 SDR 82, effective December 10, 2018; 49 SDR 124, effective July 3, 2023.
67:42:10:10. Program standards. Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; written policies requirement transferred from § 67:42:10:03, 12 SDR 209, effective July 6, 1986; 14 SDR 98, effective January 18, 1988; 21 SDR 206, effective June 4, 1995: 24 SDR 76, effective December 11, 1997; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:10:11. Standards for discipline. Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:10:12. Parental involvement. Repealed.
Source: 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:13, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:10:13. Nutrition requirements. Repealed.
Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; transferred from § 67:14:19:22, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:14, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:10:14. Health standards and immunizations for day care children. Repealed.
Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; transferred from § 67:14:19:23, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:15, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 15 SDR 162, effective May 4, 1989: 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:10:15. Medications. Repealed.
Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; transferred from § 67:14:19:23, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:15, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:10:16. Building plans. Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:31, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:22, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 206, effective June 4, 1995; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:10:17. Compliance with environmental health standards required -- Environmental health survey. Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:32, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:23, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:10:18. Fire and life safety. Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:33, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:24, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 20 SDR 223, effective July 7, 1994; 24 SDR 76, effective December 11, 1997; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:10:19. Physical standards for facility. Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:34, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:25, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 21 SDR 206, effective June 4, 1995; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:10:20. Night-time care. Repealed.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 21 SDR 206, effective June 4, 1995; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:10:21. Volunteers.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 12 SDR\r\n209, effective July 6, 1986; 20 SDR 223, effective July 7, 1994; 21 SDR 206,\r\neffective June 4, 1995; repealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:10:22. Staff responsibility for reporting suspected incidents of child abuse or neglect. Repealed.
Source: 12 SDR 209, effective July 6, 1986; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:10:23. Center procedures for handling suspected in-house child abuse. Repealed.
Source: 12 SDR 209, effective July 6, 1986; 49 SDR 124, effective July 3, 2023.
67:42:10:24. Storage for personal items. Repealed.
Source: 21 SDR 206, effective June 4, 1995; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:10:25. Staff person trained in first aid and CPR must be on site during hours of operation. Repealed.
Source: 31 SDR 40, effective September 29, 2004; 49 SDR 124, effective July 3, 2023.
CHAPTER 67:42:11
ENVIRONMENTAL HEALTH STANDARDS
Section
67:42:11:01 Scope of chapter.
67:42:11:02 Playground area -- Swimming pool.
67:42:11:02.01 Space requirements -- Before and after school care, Repealed.
67:42:11:03 and 67:42:11:04 Repealed.
67:42:11:05 Sleeping areas.
67:42:11:06 Toilet facilities.
67:42:11:06.01 Diaper changing.
67:42:11:07 Cleaning and sanitizing of equipment, Repealed.
67:42:11:07.01 and 67:42:11:07.02 Repealed.
67:42:11:08 Ventilation of cooking areas.
67:42:11:09 Water source and temperature.
67:42:11:10 Electrical outlet covers.
67:42:11:11 Repealed.
67:42:11:12 Heating, ventilating, and cooling systems.
67:42:11:13 Repealed.
67:42:11:14 Railings.
67:42:11:15 Hazardous conditions.
67:42:11:15.01 Traffic through food preparation area prohibited, Repealed.
67:42:11:16 Food supplies.
67:42:11:17 Repealed.
67:42:11:18 Food storage.
67:42:11:19 Repealed.
67:42:11:20 Raw fruits and vegetables, Repealed.
67:42:11:21 and 67:42:11:22 Repealed.
67:42:11:23 Employee health, Repealed.
67:42:11:24 Personal cleanliness.
67:42:11:25 Food service practices.
67:42:11:26 to 67:42:11:28 Repealed.
67:42:11:29 Equipment and utensil cleaning and storage.
67:42:11:30 to 67:42:11:32 Repealed.
67:42:11:33 Handwashing.
67:42:11:34 Garbage and refuse, Repealed.
67:42:11:35 Repealed.
67:42:11:36 Insect and rodent control, Repealed.
67:42:11:37 Floor construction, Repealed.
67:42:11:38 Floor carpeting, Repealed.
67:42:11:39 Facility maintenance.
67:42:11:40 Housekeeping.
67:42:11:41 Laundry.
67:42:11:42 and 67:42:11:43 Repealed.
67:42:11:44 Pets.
67:42:11:01. Scope of chapter. The environmental health standards in this chapter apply only to chapters 67:42:07, 67:42:08, and 67:42:15, unless otherwise indicated.
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; 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; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(6).
67:42:11:02. Playground area -- Swimming pool. The playground must have at least fifty square feet of play area for each child during each scheduled recess time and must be enclosed with a fence, if the playground is within twenty-five feet of a high-volume traffic area, or located near any hazardous area. The fence must be at least four feet high. The playground must be free of litter, trash, and weeds. Playground equipment must be installed per manufacturer recommendations and maintained in good repair.
A swimming pool located on the premises and not emptied after each use must be secured on all sides with a fence that is at least five feet high and prevents child access. Exits from and entrances to the pool must have self-closing, latching gates that must be locked when children are present.
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; 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; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:11:02.01. Space requirements -- Before and after school care. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 49 SDR 124, effective July 3, 2023.
67:42:11:03. Floor construction -- Ceiling height.Repealed.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 13 SDR 197, effective\r\nJuly 1, 1987; repealed, 14 SDR 20, effective August 13, 1987.
\r\n\r\n\r\n67:42:11:04. Lighting.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 7 SDR\r\n66, 7 SDR 89, effective July 1, 1981; 21 SDR 206, effective June 4, 1995;\r\nrepealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:11:05. Sleeping areas. A minimum of fifty square feet of floor space must be provided for the first client occupying a sleeping area with an additional thirty square feet for each additional client occupying the same sleeping space.
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; 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; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
Cross Reference:
Scope of chapter, § 67:42:11:01.
67:42:11:06. Toilet facilities. Where care for both male and female clients is provided, separate toilet facilities for each gender must be provided. There must be a minimum of one toilet and one hand lavatory for every twelve male clients and a minimum of one toilet and one hand lavatory for every twelve female clients. Showers or bathtubs must be provided at the ratio of one shower or bathtub for every five male clients and one shower or bathtub for every five female clients.
There must be natural or mechanical ventilation in all restrooms.
The interior surfaces of the room must be finished so that the room is easily cleanable. Toilet fixtures must be kept clean and in good repair.
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; 15 SDR 94, effective January 1, 1989; 21 SDR 206, effective June 4, 1995; 27 SDR 63, effective December 31, 2000; 32 SDR 33, effective August 31, 2005; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
Cross Reference:
Scope of chapter, § 67:42:11:01.
67:42:11:06.01. Diaper changing. Where infants are cared for, there must be a diaper changing table with a top that is easily cleanable and nonabsorbent. The table must be cleaned after each use.
Soiled diapers must be kept in a leakproof, nonabsorbent container that is covered with a tight-fitting lid.
A hand lavatory must be located near the diaper changing area.
Source: 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; 31 SDR 40, effective September 29, 2004; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
Cross References:
Scope of chapter, § 67:42:11:01.
67:42:11:07. Cleaning and sanitizing of equipment. 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; 15 SDR 94, effective January 1, 1989; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:11:07.01. Manual\r\ncleaning and sanitizing. Repealed.
\r\n\r\n\r\n\r\n
Source: 13 SDR\r\n197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 15 SDR 94,\r\neffective January 1, 1989; repealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:11:07.02. Mechanical\r\ncleaning and sanitizing. Repealed.
\r\n\r\n\r\n\r\n
Source: 13 SDR\r\n197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 21 SDR 206,\r\neffective June 4, 1995; 27 SDR 63, effective December 31, 2000; repealed, 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:11:08. Ventilation of cooking areas. A facility, in which more than twenty children are cared for, must provide a ventilation hood over all cooking areas for the type of applicance and intended use, as required in § 61:15:01:01.
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; 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; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(5).
67:42:11:09. Water source and temperature. Water must be derived from a community water system or from a water system that is tested at least annually by a laboratory certified by the State of South Dakota to test drinking water. The water must be tested for bacteria and nitrate levels and must be safe for consumption. The provider shall maintain documentation of the test results.
The hot water supply system must be large enough to meet the peak hot water demands of the facility. Hot water from plumbing fixtures normally utilized for the everyday living activities of clients may not exceed one hundred twenty degrees Fahrenheit.
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; 14 SDR 37, effective September 13, 1987; 15 SDR 94, effective January 1, 1989; 27 SDR 63, effective December 31, 2000; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
Cross-References:
General rules, chapter 74:02:01.
Water system operators, article 74:21.
67:42:11:10. Electrical outlet covers. A facility, in which children under age five are cared for, must have unused electrical outlets covered with an Underwriters' Laboratories-approved electrical outlet cover. If the facility was constructed or approved after June 4, 1995, it must have self-closing outlet covers that cover outlet holes automatically upon removal of appliance prongs.
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; 21 SDR 206, effective June 4, 1995; 27 SDR 63, effective December 31, 2000; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:11:11. Compliance with chapters 67:28:08 and 67:28:12.Repealed.
\r\n\r\n\r\nSource:\r\n7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 13 SDR 197, effective\r\nJuly 1, 1987; repealed, 14 SDR 20, effective August 13, 1987.
\r\n\r\n\r\n67:42:11:12. Heating, ventilating, and cooling systems. Each facility must have a working heating, ventilating, and cooling system.
Heating, ventilating, and cooling systems must be inspected at least once a year by a person qualified through experience in heating and ventilation maintenance. The inspector shall provide a signed, written statement verifying the inspection and shall include the date of the inspection. This written verification must be kept on file in the facility, be made available to the department, upon request, and retained for three years.
Source: 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; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(3)(6).
67:42:11:13. Electrical\r\nwiring. Repealed.
\r\n\r\n\r\n\r\n
Source: 13 SDR\r\n197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 21 SDR 206,\r\neffective June 4, 1995; repealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:11:14. Railings. All floor and wall openings, open-sided stairs, platforms, and decks, which are thirty inches or more above the adjacent ground level, must be guarded by a railing or barrier, that conforms with applicable building code requirements.
Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:11:15. Hazardous conditions. Hazardous cleaning solutions, chemicals, poisons, and substances must be labeled, and stored in a safe place or kept in an enclosed cabinet that is inaccessible to clients.The department may direct a facility to remove or correct other hazardous conditions or circumstances not covered in this chapter, if the department considers the conditions or circumstances to have the potential to cause injury or illness to clients or staff.
Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:11:15.01. Traffic through food preparation area prohibited. Repealed.
Source: 31 SDR 40, effective September 29, 2004; 49 SDR 124, effective July 3, 2023.
67:42:11:16. Food supplies. Food must be free from spoilage, filth, or other contamination and must be safe for human consumption. The use of home-canned foods is prohibited.
Fluid milk and fluid milk products, used or served, must be pasteurized and must meet Grade A quality standards, as defined in SDCL subdivision 39-6-1(2). Dry milk and dry milk products must be made from pasteurized milk and milk products and may be used in food preparation but not for drinking.
The temperature of potentially hazardous foods, as defined in § 44:02:07:18, that must be kept cold, must be kept at forty-one degrees Fahrenheit or below, except as otherwise provided in this chapter. The temperature of potentially hazardous foods, as defined in § 44:02:07:18, that must be kept warm, must be kept at one hundred forty degrees Fahrenheit or above, at all times, except as otherwise provided in this chapter. Potentially hazardous foods must be reheated rapidly to one hundred sixty-five degrees Fahrenheit or higher throughout, before being served.
Light fixtures in food service areas must have shielded or shatterproof bulbs.
Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 21 SDR 206, effective June 4, 1995; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:11:17. Food\r\nprotection. Repealed.
\r\n\r\n\r\n\r\n
Source: 13 SDR\r\n197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 27 SDR 121,\r\neffective May 28, 2001; repealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:11:18. Food storage. The following are requirements for food storage:
(1) Food, whether raw or prepared, if removed from the container or package in which it was obtained, must be stored in a clean, covered container, except during necessary periods of preparation or service;
(2) The covers of containers used for food storage must be impervious and nonabsorbent, except that linens or napkins may be used for lining or covering bread or roll containers;
(3) Containers of food must be stored a minimum of six inches above the floor, in a manner that protects the food from splash and other contamination, and that permits easy cleaning of the storage area;
(4) The requirement for storage above the floor, as set forth in subdivision (3), does not apply to pressurized beverage containers or cased food that is packaged in cans, glass, or other waterproof containers, unless the container is exposed to floor moisture;
(5) Food and containers of food may not be stored under exposed or unprotected sewer lines or water lines, except for automatic fire protection sprinkler heads;
(6) Food and containers of food may not be stored in toilet rooms, or in vestibules; and
(7) Food not subject to further washing or cooking before serving must be stored in a way that protects it against cross-contamination from food requiring washing or cooking.
Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:11:19. Refrigerated\r\nstorage. Repealed.
\r\n\r\n\r\n\r\n
Source:\r\n13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987;\r\nrepealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:11:20. Raw fruits and vegetables. Repealed.
Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 49 SDR 124, effective July 3, 2023.
67:42:11:21. Reheating.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 13 SDR\r\n197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; repealed, 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:11:22. Thawing\r\npotentially hazardous foods. Repealed.
\r\n\r\n\r\n\r\n
Source: 13 SDR\r\n197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 31 SDR 40,\r\neffective September 29, 2004; repealed, 39 SDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:11:23. Employee health. Repealed.
Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 49 SDR 124, effective July 3, 2023.
67:42:11:24. Personal cleanliness. Persons involved with\r\nfood preparation shall thoroughly wash their hands and the exposed portions of\r\ntheir arms with soap and warm water before starting work and as often as\r\nnecessary during work to keep them clean. They shall\r\nalso wash after smoking, eating, drinking, or using the toilet. They shall keep\r\ntheir fingernails clean and trimmed and their outer clothing must be clean.\r\nJewelry on hands and wrists may not be worn during food handling.
\r\n\r\n\r\nSource:\r\n13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\n67:42:11:25. Food service practices. Individuals involved\r\nwith food preparation must conform to the following requirements:
\r\n\r\n\r\n(1) They may consume food\r\nonly in designated dining areas where there will be no contamination of other\r\nfood, equipment, or utensils;
\r\n\r\n\r\n(2) They may use tobacco\r\nonly in designated areas where the use of tobacco will not result in the\r\ncontamination of food, equipment, or utensils;
\r\n\r\n\r\n(3) They shall handle\r\nsoiled tableware in a way that minimizes contamination of the hands; and
\r\n\r\n\r\n(4) They must wear hair\r\nrestraints such as hats, hair coverings or nets, beard restraints, and clothing\r\nthat covers body hair. The hair restraints must be\r\ndesigned and worn to effectively keep hair from contacting exposed food; clean\r\nequipment, utensils, and linens; and unwrapped single-service and single-use\r\narticles.
\r\n\r\n\r\nSource:\r\n13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 31\r\nSDR 40, effective September 29, 2004.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\n67:42:11:26. Multi-use\r\nequipment and utensils. Repealed.
\r\n\r\n\r\n\r\n
Source: 13 SDR\r\n197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; repealed, 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:11:27. Single-service\r\narticles. Repealed.
\r\n\r\n\r\n\r\n
Source: 13 SDR\r\n197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; repealed, 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:11:28. Equipment\r\nand utensil handling. Repealed.
\r\n\r\n\r\n\r\n
Source: 13 SDR\r\n197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; repealed, 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:11:29. Equipment and utensil cleaning and storage. Equipment, utensils, kitchenware, dining tables, and food contact surfaces of equipment must be washed, rinsed, and sanitized after each use.
Manual sanitization must include immersion in a solution of one ounce of household bleach to two gallons of water after each use and following any interruption of operations during which contamination might have occurred.
Mechanical sanitization must include a sanitizing cycle in which hot water, not hot air, is used and the water temperature is maintained at one hundred fifty degrees Fahrenheit.
Equipment and utensils must be stored as follows:
(1) Sanitized utensils and equipment must be stored at least six inches above the floor in a clean, dry location, in a way that protects them from contamination in any form;
(2) The food contact surfaces of equipment must be protected from contamination;
(3) Equipment and utensils may not be placed under exposed sewer lines or water lines, except for automatic fire protection sprinkler heads;
(4) Utensils not air-dried before being stored must be stored in a self-draining position;
(5) Cups and glasses must be stored inverted;
(6) Other utensils must be stored covered or inverted; and
(7) Knives, forks, and spoons must be stored in a container that presents the handle to the client or employee.
Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:11:30. Storage\r\nand handling of single-service articles. Repealed.
\r\n\r\n\r\n\r\n
Source: 13 SDR\r\n197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; repealed, 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:11:31. Sewage.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 13 SDR\r\n197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; repealed, 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:11:32. Plumbing.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 13 SDR\r\n197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; repealed, 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:11:33. Handwashing. Staff members shall wash their hands with soap after using the restroom, after changing a diaper, after handling soiled clothing or bedding, and before handling food.
Handwashing facilities must:
(1) Be located so as to permit convenient use by both employees and clients;
(2) Be located in the food preparation area or directly adjacent to the food preparation area;
(3) Be located in each toilet room;
(4) Be located near any diaper changing area;
(5) Be provided with hand cleansing soap or detergent; and
(6) Be provided with single-use towels.
Source: 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; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:11:34. Garbage and refuse. Repealed.
Source: 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; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:11:35. Garbage\r\nand refuse disposal. Repealed.
\r\n\r\n\r\n\r\n
Source: 13 SDR\r\n197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; repealed, 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:11:36. Insect and rodent control. Repealed.
Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 49 SDR 124, effective July 3, 2023.
67:42:11:37. Floor construction. Repealed.
Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 49 SDR 124, effective July 3, 2023.
67:42:11:38. Floor carpeting. Repealed.
Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 21 SDR 206, effective June 4, 1995; 49 SDR 124, effective July 3, 2023.
67:42:11:39. Facility maintenance. Floors, walls, ceilings, doors, windows, and skylights must be easily cleanable and in good repair.
Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 39 SDR 220, effective June 27, 2013; 45 SDR 159, effective July 1, 2019; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:11:40. Housekeeping. All parts of the facility must be clean, neat, and free of litter and rubbish. Garbage must be kept in durable, easily cleanable, insect-proof, and rodent-proof containers that do not leak or absorb liquids. Measures must be taken to minimize the presence of rodents, flies, cockroaches, and other insects on the premises.
Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:11:41. Laundry. Each facility must provide for the\r\ncleaning of all linens and washable goods. Soiled linen must be placed in\r\nclosed containers or hampers during storage or transportation. The handling,\r\nsorting, or washing of soiled linen may not take place in food preparation or\r\nserving areas. Areas designated for soiled linen handling and processing must\r\nbe physically separated from kitchen areas by a permanent partition. If\r\nphysical separation of laundry and kitchen areas is impractical, written procedures\r\nmust be developed that prohibit the washing, sorting, or handling of laundry\r\nwhile meals are being prepared or served. Laundry detergents, bleaches, soap\r\nbuilders, brighteners, bluing agents, or other chemicals associated with the\r\nwashing or finishing process must be safely stored to prevent injury to clients\r\nby spillage or ingestion. Laundry chemicals may not be placed or stored with or\r\nnear food or on food contact surfaces.
\r\n\r\n\r\nIf the facility provides laundry\r\nservice for common-use linens or if different clients' clothing is laundered\r\ntogether and if the water temperature at the washing machine is less than 160\r\ndegrees Fahrenheit, bleach or a disinfectant must be used in the laundering\r\nprocess.
\r\n\r\n\r\nSource:\r\n13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\n67:42:11:42. Handwashing.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 15 SDR\r\n94, effective January 1, 1989; 21 SDR 206, effective June 4, 1995; repealed, 39\r\nSDR 220, effective June 27, 2013.
\r\n\r\n\r\n\r\n
67:42:11:43. Smoking.Repealed.
\r\n\r\n\r\nSource:\r\n15 SDR 94, effective January 1, 1989; 15 SDR 162, effective May 4, 1989;\r\nrepealed, 31 SDR 40, effective September 29, 2004.
\r\n\r\n\r\n67:42:11:44. Pets. If a pet is present, indoors or\r\noutdoors, the provider must ensure that the following requirements are met:
\r\n\r\n\r\n(1) The pet must be in good\r\nhealth, show no evidence of carrying any disease, and be a friendly companion\r\nto the children and parents;
\r\n\r\n(2) Wild or dangerous\r\nanimals such as ferrets, lizards, or other reptiles must be kept in a covered\r\nglass container or tank that is inaccessible to children;
\r\n\r\n(3) Potentially aggressive\r\nanimals such as pit bulls and rottweilers and parrots\r\nand other exotic birds must be confined and kept away from the children;
\r\n\r\n(4) Dogs or cats must be\r\nimmunized for any disease that can be transmitted to humans and must be\r\nmaintained on a flea, tick, and worm control program;
\r\n\r\n(5) The provider must have\r\ndocumentation, signed by a veterinarian, that the pet has had the required\r\nimmunizations and that the immunizations are current;
\r\n\r\n(6) The pet's living\r\nquarters must be kept clean;
\r\n\r\n(7) Litter boxes must be\r\ncovered and kept clean in order to eliminate odor; and
\r\n\r\n(8) The pet's food supply\r\nmay not be accessible to the children.
\r\n\r\n\r\nSource:\r\n21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\nCHAPTER 67:42:12
\r\n\r\n\r\nMATERNITY HOMES
\r\n\r\n(Repealed. 39 SDR 220, effective June 27, 2013)
\r\n\r\n\r\n\r\nCHAPTER 67:42:13
\r\n\r\n\r\nINDEPENDENT LIVING PREPARATION
\r\n\r\n\r\n\r\nSection
\r\n\r\n67:42:13:01 Definitions.
\r\n\r\n67:42:13:02 Eligibility criteria.
\r\n\r\n67:42:13:03 Case plan requirements.
\r\n\r\n67:42:13:04 Assessment.
\r\n\r\n67:42:13:05 Written policy\r\nrequirements -- Program components.
\r\n\r\n67:42:13:06 Supervision requirements.
\r\n\r\n67:42:13:07 Requirements for off-site living\r\narrangements.
\r\n\r\n67:42:13:08 Emergency procedures.
\r\n\r\n\r\n\r\n67:42:13:01. Definitions. Terms used in this chapter\r\nmean:
\r\n\r\n\r\n(1) "Independent\r\nliving preparation program" or "ILPP," an independent living\r\nprogram defined in SDCL 26-6-14(8) which is supervised and operated by a licensed child placement agency, group care center for minors, and residential treatment center; and
\r\n\r\n\r\n(2) "Placement\r\nagency," a licensed private child placement agency, a public agency which\r\nhas legal authority to place children, or a parent or guardian who has placed\r\nthe adolescent into an independent living preparation program.
\r\n\r\n\r\nSource:\r\n20 SDR 196, effective May 29, 1994.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n67:42:13:02. Eligibility criteria. The following\r\nrequirements must be met before a placement agency may place an adolescent into\r\nan independent living preparation program:
\r\n\r\n\r\n(1) The adolescent is 16\r\nyears to 21 years of age;
\r\n\r\n(2) The adolescent agrees with\r\nthe case plan developed by the independent living preparation program and the\r\nplacement agency; and
\r\n\r\n(3) The ILPP or placement\r\nagency has completed an assessment of the adolescent's life skills.
\r\n\r\n\r\nSource:\r\n20 SDR 196, effective May 29, 1994.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n67:42:13:03. Case\r\nplan requirements. The placement agency shall develop a written case\r\nplan for each adolescent within 14 days of placing the adolescent into the\r\nindependent living preparation program. When preparing the case plan, the\r\nplacement agency shall involve the adolescent in care, the ILPP, and the parent\r\nor guardian. The case plan must contain at least the following information:
\r\n\r\n\r\n\r\n
(1) A delineation of the respective roles and\r\nresponsibilities of the ILPP, the adolescent, and other involved parties;
\r\n\r\n\r\n\r\n
(2) The goals and services to be provided or\r\narranged by the ILPP, including a plan for supervisory contact between the\r\nadolescent and the licensed child welfare agency staff;
\r\n\r\n\r\n\r\n
(3) The financial support needed and how it will\r\nbe provided to cover the adolescent's basic medical, educational, shelter,\r\nnutritional, clothing, and recreational needs. The financial support may be\r\nprovided directly by the ILPP; the placement agency; a parent, guardian, or\r\ncustodian; the adolescent, through earnings from employment, financial aid,\r\nscholarships, grants, loans, or work-study; or any combination of these\r\nfinancial sources; and
\r\n\r\n\r\n\r\n
(4) The projected length of stay and conditions\r\nunder which the adolescent may be discharged.
\r\n\r\n\r\n\r\n
Each individual involved in developing the case plan shall\r\nsign the plan. The ILPP shall review and evaluate the adolescent's case plan at\r\nleast once every three months. The updated plan must include the progress made\r\ntoward achieving the goals established in the previous plan and any amendments\r\nmade to the plan. The ILPP shall submit to the placement agency at three-month\r\nintervals a report on the adolescent's progress. The case plan and progress\r\nreports must be maintained as part of the adolescent's record.
\r\n\r\n\r\n\r\n
Source: 20 SDR\r\n196, effective May 29, 1994; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-14, 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-14, 26-6-16.
\r\n\r\n\r\n\r\n
67:42:13:04. Assessment. Before an adolescent is placed\r\ninto an independent living preparation program, the placement agency or the\r\nILPP must prepare an assessment of the adolescent's life skills. The assessment\r\nmust identify any potential area of risk to the adolescent and must cover at\r\nleast the following areas:
\r\n\r\n\r\n(1) Money management and\r\nconsumer awareness;
\r\n\r\n(2) Food management;
\r\n\r\n(3) Personal appearance;
\r\n\r\n(4) Health;
\r\n\r\n(5) Housekeeping;
\r\n\r\n(6) Transportation;
\r\n\r\n(7) Educational planning;
\r\n\r\n(8) Job seeking skills;
\r\n\r\n(9) Job maintenance skills;
\r\n\r\n(10) Emergency and safety\r\nskills;
\r\n\r\n(11) Knowledge of community\r\nresources;
\r\n\r\n(12) Interpersonal skills;
\r\n\r\n(13) Legal skills;
\r\n\r\n(14) Leisure activities;\r\nand
\r\n\r\n(15) Housing.
\r\n\r\n\r\nSource:\r\n20 SDR 196, effective May 29, 1994.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n67:42:13:05. Written policy requirements -- Program\r\ncomponents. The ILPP must have written policies which address the following\r\nareas:
\r\n\r\n\r\n(1) The criteria used to\r\nselect adolescents for the independent living preparation program;
\r\n\r\n(2) The approach used to\r\nassess the appropriateness of the independent living placement;
\r\n\r\n(3) The nature and\r\nfrequency of supervision provided to an adolescent in the program;
\r\n\r\n(4) The services available\r\nfor an adolescent in the program;
\r\n\r\n(5) An explanation of any\r\nliving environments provided by the ILPP; and
\r\n\r\n(6) A description of the\r\ncrisis response system ensuring that an adolescent has 24-hour access to\r\npersonnel from the ILPP.
\r\n\r\n\r\nSource:\r\n20 SDR 196, effective May 29, 1994.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n67:42:13:06. Supervision requirements. The ILPP must\r\nprovide supervision for each adolescent. Documentation of supervisory contact\r\nmust be maintained in each adolescent's case file. At least once every two\r\nweeks, the adolescent's supervisor from the ILPP must meet with the adolescent\r\nin care. At least once a month, the meeting must take place in the adolescent's\r\nresidence or living environment. As a result of the meeting, the supervisor\r\nmust document at least the following:
\r\n\r\n\r\n(1) That there is no\r\nreasonable cause to believe that the adolescent's residence or life style\r\npresents a risk to the adolescent's health or safety;
\r\n\r\n(2) That the adolescent is\r\nreceiving necessary medical care; and
\r\n\r\n(3) The current treatment\r\nprogram plan provides appropriate and sufficient services for the adolescent.
\r\n\r\n\r\nThe ILPP must have additional staff\r\navailable to serve an adolescent in care during emergencies, vacations, illness\r\nof the regular staff, and when the regular staff is off duty.
\r\n\r\n\r\nThe department may require more supervisory\r\ncontact if on-site visits indicate a need for more supervision to maintain\r\ncontrol and discipline.
\r\n\r\n\r\nSource:\r\n20 SDR 196, effective May 29, 1994.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n67:42:13:07. Requirements\r\nfor off-site living arrangements. No more than four adolescents may\r\nbe placed together in a living unit unless the living unit is located within a\r\nlicensed group care center for minors or in a licensed residential treatment\r\ncenter. The placement of adolescents together may not constitute a risk to the\r\nhealth and safety of any of the adolescents. The licensed ILPP shall ensure\r\nthat adolescents have the necessary household utensils, bedding, bathroom\r\nsupplies, and cleaning supplies needed to maintain an independent living\r\narrangement. If the living arrangement for an adolescent in an ILPP is a site\r\nother than in a licensed group care center for minors or a licensed residential\r\ntreatment center, the following additional requirements must be met:
\r\n\r\n\r\n\r\n
(1) The living arrangement must meet local zoning\r\nordinances;
\r\n\r\n\r\n\r\n
(2) No firearm or other projectile weapons may be\r\nkept on site;
\r\n\r\n\r\n\r\n
(3) The living arrangement must be equipped with a\r\nsmoke detector on each level of the building. Audible alarm devices must be\r\ndesigned and distributed so as to be effectively heard above the maximum noise\r\nlevel obtained under normal conditions of occupancy;
\r\n\r\n\r\n\r\n
(4) The water supply must be derived from a public\r\nwater system and must be safe for household use. The volume of water must be\r\nsufficient to meet the needs of the residents. The hot water supply system must\r\nbe large enough to meet the peak hot water demands of the residents. Hot water\r\nfrom plumbing fixtures may not exceed 120 degrees Fahrenheit;
\r\n\r\n\r\n\r\n
(5) The living arrangement must have a working\r\nheating system. Unvented fuel-fired room heaters may not be used unless the\r\nheater is approved by Underwriters Laboratories;
\r\n\r\n\r\n\r\n
(6) The living unit must be kept clean, neat, and\r\nfree of litter and rubbish. Garbage and refuse must be kept in durable, easily\r\ncleanable containers that do not leak and do not absorb liquids. Garbage and\r\nrefuse must be disposed of often enough to prevent the development of odor and\r\nthe attraction of insects and rodents;
\r\n\r\n\r\n\r\n
(7) The facility must have operating hand washing,\r\nbathing, and toilet facilities located in the living facility; and
\r\n\r\n\r\n\r\n
(8) The living facility must have an operating B-C\r\nportable chemical fire extinguisher in the cooking area.
\r\n\r\n\r\n\r\n
Source: 20 SDR\r\n196, effective May 29, 1994; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-14, 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-14, 26-6-16.
\r\n\r\n\r\n\r\n
67:42:13:08. Emergency procedures. Within one week after\r\nplacement of an adolescent into the independent living preparation program, the\r\nILPP must instruct the adolescent in the proper procedures to be followed in\r\ncase of an emergency. Evidence that the adolescent has been instructed must be\r\nmaintained in the adolescent's file. Training must include the following:
\r\n\r\n\r\n(1) The use of emergency\r\nequipment such as fire extinguishers and smoke detectors;
\r\n\r\n(2) Evacuation from the\r\nliving facility;
\r\n\r\n(3) Procedure for\r\ncontacting police, fire, and other emergency personnel;
\r\n\r\n(4) Fire and accident\r\nprevention; and
\r\n\r\n(5) Proper responses to\r\nnatural disasters and to tornado and fire warnings.
\r\n\r\n\r\nSource:\r\n20 SDR 196, effective May 29, 1994.
\r\n\r\n\r\n\r\n\r\n\r\n\r\nCHAPTER 67:42:14
BEFORE AND AFTER SCHOOL CARE
(Repealed)
Section
67:42:14:01 Definitions, Repealed.
67:42:14:02 Repealed.
67:42:14:03 Center director or proprietor, Repealed.
67:42:14:04 and 67:42:14:05 Repealed.
67:42:14:06 Qualifications for individual responsible for program planning and staff supervision, Repealed.
67:42:14:07 Repealed.
67:42:14:08 Staff qualifications, Repealed.
67:42:14:09 Volunteers, Repealed.
67:42:14:10 Employee hiring practices, Repealed.
67:42:14:11 Repealed.
67:42:14:12 Staff orientation, Repealed.
67:42:14:13 Staff training, Repealed.
67:42:14:14 Staff responsibility for reporting suspected incidents of child abuse or neglect, Repealed.
67:42:14:15 Center activities, Repealed.
67:42:14:16 Center policies, Repealed.
67:42:14:17 Staff-child ratio, Repealed.
67:42:14:18 Repealed.
67:42:14:19 Transportation of children in care, Repealed.
67:42:14:20 Discipline, Repealed.
67:42:14:21 Nutritional requirements, Repealed.
67:42:14:22 Food preparation, Repealed.
67:42:14:23 Required records, Repealed.
67:42:14:24 Medications, Repeale
67:42:14:25 Parental involvement, Repealed.
67:42:14:26 Building plans, Repealed.
67:42:14:27 Environmental health standards, Repealed.
67:42:14:28 Minimum fire and life safety requirements, Repealed.
67:42:14:01. Definitions. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:14:02. Application\r\nfor licensure. Repealed.
\r\n\r\n\r\n\r\n
Source:\r\n27 SDR 63, effective December 31, 2000; repealed, 39 SDR 220, effective June\r\n27, 2013.
\r\n\r\n\r\n\r\n
67:42:14:03. Center director or proprietor. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:14:04. Center\r\noperator -- Qualifications. Repealed.
\r\n\r\n\r\n\r\n
Source:\r\n27 SDR 63, effective December 31, 2000; repealed, 39 SDR 220, effective June\r\n27, 2013.
\r\n\r\n\r\n\r\n
67:42:14:05. Supervisor\r\n-- Responsibilities. Repealed.
\r\n\r\n\r\n\r\n
Source:\r\n27 SDR 63, effective December 31, 2000; repealed, 39 SDR 220, effective June\r\n27, 2013.
\r\n\r\n\r\n\r\n
67:42:14:06. Qualifications for individual responsible for program planning and staff supervision. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:14:07. Site\r\ncoordinator. Repealed.
\r\n\r\n\r\n\r\n
Source:\r\n27 SDR 63, effective December 31, 2000; repealed, 39 SDR 220, effective June\r\n27, 2013.
\r\n\r\n\r\n\r\n
67:42:14:08. Staff qualifications. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:14:09. Volunteers. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 49 SDR 124, effective July 3, 2023.
67:42:14:10. Employee hiring practices. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:14:11. General\r\nrequirements for all staff. Repealed.
\r\n\r\n\r\n\r\n
Source:\r\n27 SDR 63, effective December 31, 2000; repealed, 39 SDR 220, effective June\r\n27, 2013.
\r\n\r\n\r\n\r\n
67:42:14:12. Staff orientation. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 45 SDR 82, effective December 10, 2018; 49 SDR 124, effective July 3, 2023.
67:42:14:13. Staff training. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:14:14. Staff responsibility for reporting suspected incidents of child abuse or neglect. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:14:15. Center activities. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 49 SDR 124, effective July 3, 2023.
67:42:14:16. Center policies. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:14:17. Staff-child ratio. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 49 SDR 124, effective July 3, 2023.
67:42:14:18. Limit\r\non number of children allowed in activity grouping. Repealed.
\r\n\r\n\r\n\r\n
Source:\r\n27 SDR 63, effective December 31, 2000; repealed, 39 SDR 220, effective June\r\n27, 2013.
\r\n\r\n\r\n\r\n
67:42:14:19. Transportation of children in care. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:14:20. Discipline. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 49 SDR 124, effective July 3, 2023.
67:42:14:21. Nutritional requirements. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:14:22. Food preparation. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 49 SDR 124, effective July 3, 2023.
67:42:14:23. Required records. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:14:24. Medications. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:14:25. Parental involvement. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 49 SDR 124, effective July 3, 2023.
67:42:14:26. Building plans. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 49 SDR 124, effective July 3, 2023.
67:42:14:27. Environmental health standards. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 49 SDR 124, effective July 3, 2023.
67:42:14:28. Minimum fire and life safety requirements. Repealed.
Source: 27 SDR 63, effective December 31, 2000; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
CHAPTER 67:42:15
\r\n\r\n\r\n\r\n
INTENSIVE RESIDENTIAL TREATMENT CENTERS
\r\n\r\n\r\n\r\nSection
\r\n\r\n67:42:15:01 Definitions.
\r\n\r\n67:42:15:02 Eligibility requirements -- IRTC.
\r\n\r\n67:42:15:02.01 Licensed practitioner.
\r\n\r\n67:42:15:03 Eligibility requirements -- Child.
\r\n\r\n67:42:15:04 Staff qualifications -- Program director.
\r\n\r\n67:42:15:05 Staff qualifications -- Direct care staff.
\r\n\r\n67:42:15:06 Staff qualifications -- Case managers.
\r\n\r\n67:42:15:07 Staff qualifications -- Counselors and therapists.
\r\n\r\n67:42:15:08 Caseloads -- Limits.
\r\n\r\n67:42:15:09 Treatment team.
\r\n\r\n67:42:15:10 Treatment plan.
\r\n\r\n67:42:15:11 Review and evaluation of treatment plan.
\r\n\r\n67:42:15:12 Discharge plan.
\r\n\r\n67:42:15:13 Living units.
\r\n\r\n67:42:15:14 Staff-child ratio.
\r\n\r\n67:42:15:15 Orientation training.
\r\n\r\n67:42:15:16 Annual training.
\r\n\r\n67:42:15:17 Compliance with chapter 67:42:07.
\r\n\r\n67:42:15:18 Written policy requirements.
\r\n\r\n67:42:15:19 Psychiatric services.
\r\n\r\n67:42:15:20 Nursing services.
\r\n\r\n67:42:15:21 and 67:42:15:22 Repealed.
\r\n\r\n67:42:15:23 Compliance with chapters 67:42:01 and 67:42:11.
\r\n\r\n67:42:15:24 Emergency safety intervention -- Face-to-face assessment required.
\r\n\r\n67:42:15:25 Emergency safety intervention.
\r\n\r\n\r\n\r\n67:42:15:02. Eligibility\r\nrequirements -- IRTC. Before the department licenses an IRTC, the facility\r\nmust provide documentation to the department that indicates the facility meets\r\nthe requirements of a psychiatric residential treatment facility for\r\nindividuals under the age of 21, pursuant to 42 C.F.R. §§ 441.150 through\r\n441.184 (October 1, 2019) and is accredited by the Council on Accreditation\r\n(COA) in the area of residential treatment services, by the Joint Commission in\r\nthe area of behavioral health care, or by the Commission of Accreditation of\r\nRehabilitation Facilities (CARF) in the area of behavioral health or child and\r\nyouth services.
\r\n\r\n\r\n\r\n
The facility must provide the following services:
\r\n\r\n\r\n\r\n
(1) Psychological services;
\r\n\r\n(2) Treatment planning;
\r\n\r\n(3) Case management;
\r\n\r\n(4) Psychiatric services;
\r\n\r\n(5) Family services;
\r\n\r\n(6) Transitional services; and
\r\n\r\n(7) Aftercare services.
\r\n\r\n\r\n\r\n
If the child is discharged to the child’s home, a\r\nrelative’s home, a family foster home, or an adoptive home, the facility must\r\nensure that aftercare services are provided, either directly or through\r\nreferral, for a minimum of 90 days following discharge from the facility, and\r\nat a location agreed to by the family.
\r\n\r\n\r\n\r\n
Source: 32 SDR 33, effective August 31,\r\n2005; 33 SDR 227, effective July 1, 2007; 34 SDR 200, effective January 30,\r\n2008; 39 SDR 220, effective June 27, 2013; 47 SDR 24, effective September 10,\r\n2020.
\r\n\r\nGeneral Authority: SDCL 26-6-16(1)(6)(11).
\r\n\r\nLaw Implemented: SDCL 26-6-16(1)(6)(11).
\r\n\r\n\r\n\r\n
67:42:15:05. Staff\r\nqualifications -- Direct care staff. At least one of every three\r\nstaff members on duty in each unit of the facility who supervises children in\r\ncare, provides direct services, or participates in assessment and service\r\nplanning processes must have a bachelor’s degree in a behavioral or social\r\nscience or 48 credit hours of post-high school education and at least one year\r\nof experience working with children in a group care setting. The experience\r\nmust include behavior management and intervention, recreational and therapeutic\r\nactivities, and participation in the assessment and case planning process. An\r\nindividual who does not meet these requirements must be under the supervision\r\nof a staff member who provides direct care to children and meets the\r\nrequirements of this section.
\r\n\r\n\r\n\r\n
The staff member may not have on record a substantiated\r\nreport of child abuse or neglect.
\r\n\r\n\r\n\r\n
Source: 32 SDR\r\n33, effective August 31, 2005; 34 SDR 200, effective January 30, 2008; 39 SDR\r\n220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-References:\r\nRevocation or refusal to issue or renew license or registration for child abuse\r\nor violence, SDCL 26-6-23.1; Screening for substantiated reports of abuse and neglect, § 67:42:01:05.02.
\r\n\r\n\r\n\r\n
67:42:15:06. Staff\r\nqualifications -- Case managers. A staff member who provides case\r\nmanagement services, including planning, securing, coordinating, and monitoring\r\nthe services for children in care and their families must have a bachelor’s\r\ndegree in an accredited behavioral or social science area or an equivalent\r\ncombination of education and experience.
\r\n\r\n\r\n\r\n
The staff member may not have on record a substantiated\r\nreport of child abuse or neglect.
\r\n\r\n\r\n\r\n
Source: 32 SDR\r\n33, effective August 31, 2005; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-References: Revocation\r\nor refusal to issue or renew license or registration for child abuse or\r\nviolence, SDCL 26-6-23.1; Screening for substantiated reports of abuse and neglect, § 67:42:01:05.02.
\r\n\r\n\r\n\r\n
67:42:15:15. Orientation\r\ntraining. The facility must have a written plan for orientation\r\ntraining. The orientation course must include the facility’s functions,\r\nservices, community resources, and specific job functions. The facility may\r\nconsider the orientation course a part of the required 50 hours of annual\r\ntraining. An employee shall complete an orientation course within one month\r\nafter the employee is hired.
\r\n\r\n\r\n\r\n
Supervision of staff members as they perform their routine\r\ntasks is not considered training. The facility must document completion of\r\nrequired training and must keep the documentation in the individual’s personnel\r\nfile.
\r\n\r\n\r\n\r\n
Source: 32 SDR\r\n33, effective August 31, 2005; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-Reference:\r\nAnnual training, § 67:42:15:16.
\r\n\r\n\r\n\r\n
67:42:15:16. Annual\r\ntraining. The facility shall have a written plan for annual\r\nin-service training. Each staff member providing direct care to children must\r\nparticipate in the training. The written plan must provide for training in the\r\nfollowing areas for staff during the first year of employment:
\r\n\r\n\r\n\r\n
(1) Administrative procedures and overall program\r\ngoals;
\r\n\r\n(2) Understanding children's emotional needs and\r\nproblems which affect and inhibit their growth;
\r\n\r\n(3) Family relationships and the impact of separation;
\r\n\r\n(4) Substance abuse, its recognition, prevention,\r\nand treatment;
\r\n\r\n(5) Identification and reporting of child abuse\r\nand neglect;
\r\n\r\n(6) Principles and practices of child care;
\r\n\r\n(7) Behavior management techniques;
\r\n\r\n(8) Use of seclusion and personal restraint;
\r\n\r\n(9) Emergency and safety procedures; and
\r\n\r\n(10) Cultural sensitivity.
\r\n\r\n\r\n\r\n
Staff must receive training to become certified in basic\r\nfirst aid and cardiopulmonary resuscitation and must maintain certification\r\nthroughout employment.
\r\n\r\n\r\n\r\n
For staff beyond the first year of employment, the plan must\r\nprovide for competency-based training.
\r\n\r\n\r\n\r\n
The facility shall provide and each staff member shall attend\r\na minimum of 50 clock hours of training annually.
\r\n\r\n\r\n\r\n
The annual training must include a minimum of five hours of\r\ntraining in a nationally-recognized program of behavior management techniques\r\nand personal restraint and five hours of training in the special areas the\r\nfacility uses to provide services to children, such as sexual perpetration,\r\nhighly aggressive and assaultive youth, severe emotional disturbance, and lower\r\nfunctioning individuals.
\r\n\r\n\r\n\r\n
Training must be competency based and the facility must\r\ndevelop and implement a process that demonstrates the effectiveness of the\r\ntraining in providing the knowledge and expertise required.
\r\n\r\n\r\n\r\n
Supervision of staff members as they perform their routine\r\ntasks is not considered training. The facility shall document completion of\r\nrequired training and shall keep the documentation in the individual’s\r\npersonnel file.
\r\n\r\n\r\n\r\n
Source: 32 SDR\r\n33, effective August 31, 2005; 34 SDR 200, effective January 30, 2008; 39 SDR\r\n220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:15:18. Written\r\npolicy requirements. In addition to the written policy statements required\r\nunder chapter 67:42:07, the facility must develop written policies
\r\n\r\n
(1) Intake;
\r\n\r\n(2) Treatment;
\r\n\r\n(3) Discharge;
\r\n\r\n(4) Confidentiality;
\r\n\r\n (5)
(6) Emergency
(7) Family services;\r\nand
\r\n\r\n(8) Aftercare\r\nservices.
\r\n\r\n\r\n\r\n
The facility must inform the\r\nchild's parent or guardian of the facility's policies, including
\r\n\r\n
Source: 32 SDR 33,\r\neffective August 31, 2005; 33 SDR 227, effective July 1, 2007; 34 SDR 200,\r\neffective January 30, 2008; 47 SDR 24, effective September 10, 2020.
\r\n\r\nGeneral Authority: SDCL 26-6-16.
\r\n\r\nLaw Implemented: SDCL 26-6-16.
\r\n\r\n\r\n\r\n
Cross-Reference:\r\nProtection of residents -- Emergency safety intervention, 42 C.F.R.\r\n§ 483.356
\r\n\r\n
67:42:15:19. Psychiatric\r\nservices. An intensive residential treatment center shall ensure\r\nthat a licensed psychiatrist completes a psychiatric assessment of each child\r\nin care within fourteen days after the child is placed into the facility. The\r\nassessment must include recommendations for other evaluations to be completed\r\non the child.
\r\n\r\n\r\n\r\n
Each child in care must receive a minimum of two face to face\r\ncontacts regarding psychiatric services per month to include medication\r\nmanagement, training, and therapy, and consultation relating to the child’s\r\ntreatment plan.
\r\n\r\n\r\n\r\n
A psychiatrist must be available in person or on call at all\r\ntimes.
\r\n\r\n\r\n\r\n
Source: 32 SDR\r\n33, effective August 31, 2005; 34 SDR 200, effective January 30, 2008; 39 SDR\r\n220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:15:24. Emergency\r\nsafety intervention -- Face-to-face assessment required. The\r\nface-to-face assessment required under the provisions of 42 C.F.R.\r\n§ 483.358(f), as amended to January 1, 2007, must be provided by a\r\nphysician, a licensed practitioner, a registered nurse, or a licensed social\r\nwork associate who has a bachelor's degree and certification as a trainer in a\r\nnationally-recognized program of behavior management personal restraint.
\r\n\r\n\r\n\r\n
Source: 33 SDR\r\n227, effective July 1, 2007; 39 SDR 220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
67:42:15:25. Emergency\r\nsafety intervention. A licensed physician, a licensed practitioner,\r\na registered nurse, or a licensed social work associate who has a bachelor's\r\ndegree and certification as a trainer in a nationally-recognized program of\r\nbehavior management and personal restraint is authorized to order and monitor\r\nthe use of personal restraint. The facility shall conduct a review on a random\r\nsampling of orders to ensure that each licensed social work associate providing\r\nan order meets the requirements of this section.
\r\n\r\n\r\n\r\n
Source: 39 SDR\r\n220, effective June 27, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 26-6-16.
\r\n\r\nLaw Implemented:\r\nSDCL 26-6-16.
\r\n\r\n\r\n\r\n
CHAPTER 67:42:16
SCOPE OF SERVICES FOR CHILD CARE PROGRAMS
(Repealed)
Section
67:42:16:01 Definitions, Repealed.
67:42:16:02 Application, Repealed.
67:42:16:03 Initial evaluation and approval -- Continuation of licensed operation -- Renewal of registration certificate, Repealed.
67:42:16:04 Background check, Repealed.
67:42:16:05 Repealed.
67:42:16:06 Notice to facility, Repealed.
67:42:16:07 Physical health standards required of applicant and applicant's family, Repealed.
67:42:16:08 Repealed.
67:42:16:09 Reporting incidents or changes in circumstances, Repealed.
67:42:16:10 Denial of license or registration certificate, Repealed.
67:42:16:11 Revocation of license or registration certificate, Repealed.
67:42:16:12 Fair hearing, Repealed.
67:42:16:13 Maintenance of records, Repealed.
67:42:16:14 Confidentiality, Repealed.
67:42:16:15 Transportation, Repealed.
67:42:16:16 Insurance, Repealed.
67:42:16:17 Final inspection reports -- Required posting, Repealed.
67:42:16:18 Telephones, Repealed.
67:42:16:19 Supervision, Repealed.
67:42:16:01. Definitions. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:16:02. Application. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:16:03. Initial evaluation and approval -- Continuation of licensed operation -- Renewal of registration certificate. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:16:04. Background check. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:16:05. Screening for\r\nsubstantiated reports of abuse and neglect. Repealed.
\r\n\r\n\r\n\r\n
Source: 39 SDR 220, effective June 27, 2013;\r\n43 SDR 31, effective September 12, 2016.
\r\n\r\n\r\n\r\n
67:42:16:06. Notice to facility. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:16:07. Physical health standards required of applicant and applicant's family. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:16:08. Qualifications of\r\nsubstitute providers. Repealed.
\r\n\r\n\r\n\r\n
Source: 39 SDR 220, effective June 27, 2013;\r\n43 SDR 31, effective September 12, 2016.
\r\n\r\n\r\n\r\n
67:42:16:09. Reporting incidents or changes in circumstances. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:16:10. Denial of license or registration certificate. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:16:11. Revocation of license or registration certificate. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:16:12. Fair hearing. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:16:13. Maintenance of records. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.
67:42:16:14. Confidentiality. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:16:15. Transportation. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:16:16. Insurance. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:16:17. Final inspection reports -- Required posting. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:16:18. Telephones. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.
67:42:16:19. Supervision. Repealed.
Source: 43 SDR 31, effective September 12, 2016; 49 SDR 124, effecetive July 3, 2023.
CHAPTER 67:42:17
CHILD CARE LICENSING
67:42:17:01 Definitions.
67:42:17:02 Application for license or registration certificate.
67:42:17:03 Inspection.
67:42:17:04 Required posting.
67:42:17:05 Revocation of a license or registration certificate.
67:42:17:06 Required reporting of an incident or a change in circumstances.
67:42:17:07 Owner and director responsibilities.
67:42:17:08 Owner qualifications.
67:42:17:09 Program administrator qualifications.
67:42:17:10 Provider qualifications.
67:42:17:11 Assistant qualifications -- Licensed child care and school-age program.
67:42:17:12 Assistant qualifications -- Family day care program.
67:42:17:13 Background check.
67:42:17:14 Notice to provider.
67:42:17:15 Provider employee records.
67:42:17:16 Confidentiality.
67:42:17:17 Orientation training.
67:42:17:18 Ongoing training requirements.
67:42:17:19 Group size -- Center and school-age programs.
67:42:17:20 Supervision -- Center and school-age programs.
67:42:17:21 Center and school-age program ratio.
67:42:17:22 Center and school-age program ratio -- Mixed age group.
67:42:17:23 Supervision, ratios and group size -- Family day care.
67:42:17:24 Health standards and immunizations for day care children.
67:42:17:25 Sanitation requirements.
67:42:17:26 Safe sleep practices.
67:42:17:27 Medication administration.
67:42:17:28 Medication storage.
67:42:17:29 Allergic reactions.
67:42:17:30 Menu requirements.
67:42:17:31 Infant food safety.
67:42:17:32 Building requirements.
67:42:17:33 Bathroom and sink requirements.
67:42:17:34 Physical capacity requirements.
67:42:17:35 Playground requirements.
67:42:17:36 Water safety.
67:42:17:37 Construction and fire safety requirements.
67:42:17:38 Hazardous conditions.
67:42:17:39 Electrical outlet covers.
67:42:17:40 Pets.
67:42:17:41 Prevention of child maltreatment.
67:42:17:42 Required child records.
67:42:17:43 Emergency preparedness and response planning.
67:42:17:44 Handling, storage, and disposal of hazardous materials.
67:42:17:45 Transportation.
67:42:17:46 Pediatric first aid and cardiopulmonary resuscitation.
67:42:17:47 Reporting of child abuse and neglect.
67:42:17:48 Night-time care.
67:42:17:49 Parental access.
67:42:17:50 Fair hearing.
67:42:17:01. Definitions. Terms used in this chapter mean:
(1) “Center program,” a day care center, as referenced in SDCL subdivision 26-6-14(3), and a group family day care home, as referenced in SDCL subdivision 26-6-14(5);
(2) “Director,” the representative of the agency or organization responsible for the center or school-age program;
(3) “Family day care,” an activity that is defined in SDCL 26-6-14.1 and meets the registration requirements of SDCL 26-6-14.2;
(4) \"Household member,\" a person residing in a home or a home operated as a facility, used for the purpose of providing care and supervision to children, who may have contact with any children in the facility;
(5) \"Medication,\" a prescription or over-the-counter substance that is intended to relieve pain or treat an illness or a disease;
(6) “Parent,\" a child's natural parent, adoptive parent, stepparent, or legal guardian;
(7) “Program employee,” an individual who does not provide direct care to and supervision of a child;
(8) \"Provider,\" an individual providing direct care to and supervision of a child;
(9) \"Registration certificate,\" the document described in SDCL 26-6-15, which certifies that a provider has met the family day care registration standards; and
(10) “School-age program,” a program providing for the care and supervision of children as defined in SDCL subdivision 26-6-14(6).
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
67:42:17:02. Application for license or registration certificate. Before submitting to the department an application for licensure, a center or school-age program shall submit to the department a copy of a building, renovation, or alteration plan, and obtain the department's approval of the plan.
The department shall, within sixty days after receiving a completed application, provide to the applicant written notice of the department's approval or denial of licensure or registration. If the department denies the licensure or registration, the department shall provide the reason for the denial.
An applicant may reapply after taking corrective action related to each reason listed in the denial.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-11, 26-6-16(2).
67:42:17:03. Inspection. The department shall conduct at least one pre-licensure inspection, and one unannounced inspection annually, to determine compliance with the licensing requirements.
If the inspection results in a plan of correction, the department shall provide a copy of the plan to any individual upon request.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(3)(6).
67:42:17:04. Required posting. A provider shall prominently display the department's licensing telephone number and website in the home or licensed facility.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:17:05. Revocation of a license or registration certificate. The department may revoke a license or registration certificate, due to noncompliance with a licensing or registration standard, by providing a thirty-day written notice to the provider. The thirty-day written notice is not required if the department determines that the revocation is necessary to protect the health, safety, or welfare of a child. The provider may not reapply for a license or registration certificate for one year after the date of revocation.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(6), 26-6-24.
67:42:17:06. Required reporting of an incident or a change in circumstances. A provider shall, within twenty-four hours, report to the department.
(1) A change of address;
(2) Any major change in the operation or ownership of the program;
(3) A change in the household size or composition;
(4) Damage to or a change in the condition of the facility or home;
(5) An investigation of the provider or a program employee, by the Division of Child Protection Services or law enforcement, concerning any allegation of:
(a) Child abuse or neglect; or
(b) Any action that may prohibit the provider or employee from meeting background check eligibility requirements;
(6) Any injury to a child that requires medical attention or dental care; and
(7) The death of a child, if related to a serious injury that occurred on the premises of the child care program.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:17:07. Owner and director responsibilities. The owner and director are responsible for the day-to-day operation of the program, including the supervision of staff and compliance with all licensing standards.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(6).
67:42:17:08. Owner qualifications. The owner of a licensed child care or school-age program may be an agency, institution, organization, or a natural person who is at least eighteen years of age.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(1).
67:42:17:09. Program administrator qualifications. The program administrator is the director or individual responsible for planning and implementing the program in a licensed child care or school-age program and must be at least eighteen years of age and:
(1) Have a bachelor's degree in a field of education or human development;
(2) Have a two-year degree in early childhood education;
(3) Have a Child Development Associate credential or comparable credential, as determined by the department;
(4) Hold certification in a child learning philosophy and have at least one year of experience in a child care setting;
(5) Have a child development technician diploma; or
(6) Have four years of experience in a center or school-age program.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(1)(6).
67:42:17:10. Provider qualifications. All providers shall be at least eighteen years of age and demonstrate and maintain the ability to provide care that attends to the child's physical growth and development and to the physical, emotional, cognitive, and social needs of the child, as determined by the department.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(1)(6).
67:42:17:11. Assistant qualifications -- Licensed child care and school-age program. In a licensed child care or school-age program, a provider’s assistant must be at least fourteen years old, may not be left alone with children in care, and may be counted in the staff-child ratio only when the assistant is under the direct supervision of a provider, a program director, or the individual responsible for planning and implementing the program.
A provider’s assistant shall demonstrate the ability to provide care that attends to the child's physical growth and development and to the physical, emotional, cognitive, and social needs of the child.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(1)(6).
67:42:17:12. Assistant qualifications -- Family day care program. A family day care assistant must be at least fourteen years old.
A family day care assistant who is under the age of eighteen may be included in the adult-child ratio only if another adult is present in the home.
A family day care assistant who is under the age of eighteen may not be left alone on the premises with children in care.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(1)(6).
67:42:17:13. Background check. All child care providers, program employees age fourteen and older, and family day care household members age eighteen and older, shall meet federal background check requirements. An individual may not provide care, or work in a child care setting, if the individual's background check reveals:
(1) A crime that indicates harmful behavior towards children;
(2) A crime of violence, as defined in SDCL 22-1-2, or in a similar statute from another state;
(3) A sex crime pursuant to SDCL chapters 22-22 or 22-24A, SDCL 22-22A-3, or similar statutes from another state;
(4) A felony conviction for domestic abuse, physical assault, battery, kidnapping, or arson;
(5) Any other felony conviction, within the preceding five years; or
(6) A substantiated report of child abuse or neglect.
A family day care provider may not provide care in the provider's home, if any household member’s background check reveals any item listed in this section.
A background check is required at least once every five years.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(6)(10), 26-6-23.2.
Cross-References:
Substantiated reports, § 67:14:39:04.
Criminal background checks, 45 C.F.R. § 98.43(a)(1)(i).
67:42:17:14. Notice to provider. Upon completion of a background check, the department must notify the program or family day care provider of an individual’s eligibility or ineligibility for employment.
If the individual is ineligible for employment, the department must include guidance regarding the appeal process.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(1).
67:42:17:15. Provider employee records. A child care provider shall maintain a record for each employee that includes:
(1) The employee's name and date of birth;
(2) The dates on which the employee began and ended employment;
(3) Documentation of orientation and ongoing annual training, if the employee provides direct care and supervision of children;
(4) A statement that:
(a) Defines child abuse and neglect;
(b) Sets forth the employee’s responsibility to report all incidents of child abuse or neglect in accordance with SDCL 26-8A-3 and 26-8A-8; and
(c) Is signed by the employee; and
(5) The results of the background check.
All records required by this section must be reviewed and updated at least annually by the provider, made available to the department for verification of the contents, and retained by the provider for six months after the employee leaves the program.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(1)(3).
Cross-Reference:
Background check, § 67:42:17:13.
67:42:17:16. Confidentiality. The files and records of a provider are confidential. A child’s records, photographs, and information about a child or the child's family may not be shared or publicly posted, unless the parent signs a consent form. Nothing in this section prevents licensing specialists, child protective services, or law enforcement from accessing the files and records of a provider or family information.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(3)(6).
67:42:17:17. Orientation training. All providers shall, within ninety days after the date of employment, complete and obtain documentation of orientation training in the following areas:
(1) Prevention and control of infectious diseases;
(2) Prevention of sudden infant death syndrome and the use of safe sleep practices, if infant care is provided;
(3) Administration of medication;
(4) Prevention of and response to an emergency due to food allergies and other allergic reactions;
(5) Building and physical premises safety;
(6) Prevention of shaken baby syndrome and abusive head trauma, if infant care is provided;
(7) Emergency preparedness and response planning for an emergency resulting from a natural disaster or man-caused event;
(8) Handling and storage of hazardous materials and the appropriate disposal of biological contaminants;
(9) Precautions in transporting a child, if the program provides transportation;
(10) Recognition and reporting of child abuse and neglect;
(11) Pediatric first aid;
(12) Pediatric cardiopulmonary resuscitation; and
(13) Child development.
Before a provider may care for children without supervision, the provider must complete orientation training in each of the areas listed in this section.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(1)(3)(6).
Cross-Reference:
Health and safety requirements, 45 C.F.R. § 98.41.
67:42:17:18. Ongoing training requirements. All providers must obtain annual training in the topic areas identified in 45 C.F.R. § 98.41, in effect on September 30, 2016, or as identified by the department. Training must be documented and relevant to the provider’s position as determined by the department. Training may include on-site or online classes. Pediatric cardiopulmonary resuscitation renewal may not be included in annual training.
Each director and provider of center and school-age programs counted in staff-child ratios shall complete ten hours of annual training.
Each provider of family day care counted in staff-child ratios shall complete six hours of annual training.
Orientation training hours qualify as annual training hours for each provider in the year the training was completed.
Every five years, all providers shall complete additional, advanced training in each of the training areas listed in § 67:42:17:17.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(1)(6).
Cross-Reference:
Health and safety requirements, 45 C.F.R. § 98.41.
67:42:17:19. Group size -- Center and school-age programs. Maximum group sizes are determined by individual room capacity and all space used must be approved for care by the department.
The provider shall ensure the number of children in care at any given time does not exceed the capacity identified on the license. Children of program employees must be included in the group size.
The provider shall ensure children to staff ratios are maintained in all settings, including large indoor and outdoor space; in spaces where more than twenty children are allowed, providers shall identify which children each provider is responsible to supervise; and when room capacity does not align with the ratio requirements, a maximum of three additional children may be included in the room capacity as long as ratios are maintained.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(5)(6).
67:42:17:20. Supervision -- Center and school-age programs. A center provider supervising children must be in the same room with the children or on the playground with the children, and must be able to see or hear the children, at all times.
If children are in a school-age program, the provider must be able to hear or see the children, at all times, and must be close enough to intervene at all times.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(6).
67:42:17:21. Center and school-age program ratio. A center or school-age program must maintain the following ratios:
(1) Five children to one staff for children up to three years of age;
(2) Ten children to one staff for children three through four years; and
(3) Fifteen children to one staff for children five years and over.
Children of program employees must be included in determining the children to staff ratio.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(5)(6).
67:42:17:22. Center and school-age program ratio -- Mixed age group. A program that serves twenty or fewer children, and routinely operates a mixed age group, shall meet a ratio of ten children to one staff. Each provider may care for a maximum of four children under the age of two, with no more than two children under the age of one.
A center program that serves more than twenty children in a mixed age group, must:
(1) Maintain a ratio of five children to one staff, if the group includes three or more children under the age of three; and
(2) In all other circumstances, maintain the children to staff ratio that is based on the age range of the majority of children in the group.
Children of program employees must be included in determining the children to staff ratio.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(5)(6).
67:42:17:23. Supervision, ratios and group size -- Family day care. A family day care provider may care for up to twelve children in the provider's home. A family day care provider shall, at all times, supervise children by hearing or seeing children and be close enough to intervene.
If only one provider is present, no more than four of the children may be under the age of two years, and no more than three of those children may be under the age of one.
If a family day care assistant is present, no more than eight children may be under the age of two.
A family day care provider’s own children, if under the age of six, must be included in the total capacity and ratio.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(5)(6).
67:42:17:24. Health standards and immunizations for day care children. Before a child may be admitted to a registered or licensed day care provider, the provider must require the child's parent or guardian to submit a statement, signed by a licensed physician, physician's assistant, certified nurse practitioner, or community health nurse, or an immunization record from the South Dakota Immunization Information System, showing that the child meets the minimum immunization requirements according to 45 C.F.R. § 98.41(a)(1)(i)(A), in effect on September 30, 2016.
The provider shall ensure that immunizations of all children are current.
For children who begin the series late or are more than one month behind in immunizations, the documentation must show progress toward achieving immunization requirements, as determined by a licensed physician, or other licensed practitioner. A grace period may be approved by the department for a child experiencing homelessness or a child in foster care.
A child is exempt from meeting the minimum age-specific immunization levels if:
(1) The child's parent or guardian has certification from a licensed physician, or other licensed practitioner, stating that the physical condition of the child is such that an immunization would endanger the child's life or health; or
(2) The child's parent or guardian has signed a written statement that the child is an adherent to a religious doctrine whose teachings are opposed to such immunizations.
If a child becomes ill while at a day care, the provider must separate the child from other children and notify the child's parents. If any child in the program contracts a communicable disease, the provider must notify the Department of Health. The program provider shall follow the Department of Health's recommendations for addressing a situation involving a communicable disease.
To prevent the spread of an infestation or infectious disease, a program shall provide an individual storage unit or container for each child's personal articles.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(4)(6).
Cross-References:
Communicable disease control, article 44:20.
Health and safety requirements, 45 C.F.R. § 98.41.
67:42:17:25. Sanitation requirements. All equipment, utensils, kitchenware, dining tables, and food contact surfaces of equipment must be washed, rinsed, and sanitized after each meal. Toys capable of being placed in a child's mouth must be cleaned and sanitized daily, using a solution approved by the department.
All providers, program employees, and children shall wash their hands with soap, before preparing food or beverages, eating, handling food, or feeding a child, and after changing a diaper, using the toilet, helping a child use a toilet, or coming into contact with bodily fluid.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:17:26. Safe sleep practices. A nap mat, blanket, or other sleep surface, other than the floor, for children over one year of age must be available for each child during nap time.
A sleep surface must be maintained in good repair.
A provider shall follow the safe sleep practices contained in Caring for Our Children: National Health and Safety Performance Standards, 4th Edition, for infants under the age of one.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
Reference:
Caring for Our Children: National Health and Safety Performance Standards, 4th Edition, American Academy of Pediatrics, American Public Health Association, National Resource Center for Health and Safety in Child Care and Early Education. Copies may be obtained from the American Academy of Pediatrics, https://shop.aap.org/. Cost $66.95.
67:42:17:27. Medication administration. Before any medication is administered to a child, permission of the parent or guardian must be documented and must include the name of the child, the name of the medication, and the dates, times, and dosage of the medication.
The medication must be provided by the parent and kept in the original container, with the original label. The label for a prescription medication must contain the child’s name, the amount and frequency of dosage, the expiration date, the physician or other licensed practitioner’s name, and instructions for storage. The medication must be returned to the parent when no longer needed or expired.
The provider shall document, in the child’s record, any medication administered to a child and shall include the dose, the name of the child, the time and date administered, and the name of the person administering the medication. The documentation must be retained for at least six months and be made available to the child's parent upon request.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(4)(6)(8).
67:42:17:28. Medication storage. Medication must be stored in a place that is inaccessible to children. The provider shall refrigerate medication requiring refrigeration. Refrigerated medication must be placed in a nonabsorbent container that is labeled medications.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6)(8).
67:42:17:29. Allergic reactions. A provider shall have a written care plan for each child who has a known food allergy. The plan must contain instructions regarding any food allergens, steps to be taken to avoid that food, and a detailed treatment plan to be implemented if the child has an allergic reaction.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(4)(6)(8).
Cross - Reference:
Medication administration, § 67:42:17:27.
67:42:17:30. Menu requirements. Providers shall post a weekly menu that indicates meals and snacks to be served that week.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(6)(8).
67:42:17:31. Infant food safety. An infant shall be fed according to the infant's schedule. The provider shall hold the infant's bottle when feeding the infant. The provider may not feed an infant by propping up the infant's bottle.
Food, including breast milk and formula, must be properly stored, kept at the proper temperature, and protected from potential contamination according to the preparing, feeding, and storing standards contained in Caring for Our Children: National Health and Safety Performance Standards, 4th Edition.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(6)(8).
Reference:
Caring for Our Children: National Health and Safety Performance Standards, 4th Edition, American Academy of Pediatrics, American Public Health Association, National Resource Center for Health and Safety in Child Care and Early Education. Copies may be obtained from the American Academy of Pediatrics, https://shop.aap.org/. Cost $66.95.
67:42:17:32. Building requirements. All walls, ceilings, floors, and equipment must be easily cleanable, kept clean, and in good repair. Heating and cooling systems must maintain a temperature between sixty-five degrees Fahrenheit and seventy-five degrees Fahrenheit. For a child care center and school-age program, all heating and cooling systems must be inspected annually, by a certified technician.
Food preparation areas, including tables and countertops, must be made of a smooth, nonporous material, kept clean and sanitized, be free of cracks, and be in good repair. Center and school-age programs, in which more than twenty children are cared for, must provide a ventilation hood over all cooking areas. The hood must be appropriate for the type of appliance and intended use, as required in § 61:15:01:01.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:17:33. Bathroom and sink requirements. A provider shall meet the following requirements regarding bathrooms:
(1) Bathroom facilities must be easily accessible by children and providers;
(2) Hot water for faucets normally used by children in care may not exceed one hundred twenty degrees Fahrenheit;
(3) Toilets and hand sinks must be kept clean and in good repair; and
(4) For child care centers and school-age programs:
(a) All bathrooms must have natural or mechanical ventilation;
(b) Separate bathrooms must be available for males and females;
(c) Ratios for toilet and hand sinks must align with the minimum standards for plumbing and plumbing systems published by the plumbing commission.
Except in a family day care, hand sinks must be in the same room, or an unobstructed room adjacent to the diaper changing area. A handwashing sink used after diapering and toileting may not be used for food preparation.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
Cross-Reference:
Standards adopted for plumbing -- Conformity to Uniform Plumbing Code, SDCL 36-25-15.
67:42:17:34. Physical capacity requirements. A center program must have available a minimum of thirty-five square feet of play space indoors and fifty square feet of play space outdoors for each child. A school-age program must have a minimum of twenty-five square feet of play space indoors and fifty square feet of play space outdoors for each child.
Playgrounds and parks may be used for outdoor play space.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:17:35. Playground requirements. Playgrounds for all child care settings must be safe, in good repair, and free of debris, trash, and weeds. Playground equipment must be installed according to the manufacturer’s instructions and maintained in good repair.
For a center program, a fence that measures at least four feet high is required around the center’s outdoor play space.
For a family day care or school-age program, a fence that measures at least forty-two inches high may be required to separate the outdoor play space, if the department determines a body of water, vehicular traffic, or other hazard poses a risk of injury or death to a child.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:17:36. Water safety. A provider shall meet the following water safety requirements:
(1) If an outdoor swimming pool is on the premises, it must be emptied after each use or enclosed with a five-foot fence and a self-closing, latching gate that can be locked while not in use;
(2) If an indoor swimming pool is on the premises, it must have an access door that restricts entry;
(3) A child may not play in an area where there is a body of water, unless the provider can see and hear the child, and is close enough to intervene, at all times; and
(4) A hot tub must be securely covered.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:17:37. Construction and fire safety requirements. Center and school-age programs operating outside of a school building shall follow applicable construction and fire safety requirements, as outlined in chapters 61:15:05 and 61:15:06. School-age programs operating in a school building shall follow applicable construction and fire safety requirements, as outlined in chapters 61:15:01, 61:15:02, and 61:15:07.
A family day care home must have the following fire safety measures in place:
(1) A working smoke detector must be located on each level of the home;
(2) A fully charged, portable fire extinguisher, with a minimum 2A rating, as identified on the extinguisher label, must be kept in or within fifteen feet of the kitchen or food preparation area;
(3) A carbon monoxide detector must be installed, according to the manufacturer’s instructions, if a fuel burning appliance is present in the home;
(4) Each level of the home must have at least two remote exits that shall remain clear of obstructions. One of these exits must be a standard-sized door, and the other may be either a standard-sized door or an unobstructed, operable window, having at least five square feet of openable space, with a minimum width of twenty inches and a minimum height of twenty-four inches; and
(5) Whenever a portable space heater, a wood burning stove, or a fireplace is in use, the heater, stove, or fireplace must be inaccessible to children.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:17:38. Hazardous conditions. The following must be inaccessible to a child:
(1) Firearms;
(2) Pellet guns, BB guns, and cap guns;
(3) Matches and lighters;
(4) Tobacco products;
(5) Choking and strangulation hazards;
(6) Items capable of being pulled or tipped onto a child;
(7) A platform measuring more than thirty inches above ground level, unless surrounded by a railing that is at least thirty-six inches tall with no more than five inches between openings; and
(8) Other hazardous condition as identified by the department.
The department may direct a provider to remove or correct a hazardous condition or circumstance not covered in this chapter, if the department considers the conditions or circumstances to have the potential to cause injury or illness to the children in care.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
67:42:17:39. Electrical outlet covers. For family day care providers, unused electrical outlets must have an outlet plug cover, have a tamper-resistant cover, or be made inaccessible to a child.
For center and school-age programs, unused electrical outlets must have a self-closing outlet cover or tamper-resistant cover.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
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 confined and kept away from children.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
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 limits, with positive guidance and direction, to help a child develop self-control and respect for the rights of others, be appropriate to a child's age and developmental level, and include strategies to prevent shaken baby syndrome and abusive head trauma.
A behavior management strategy may not be delegated to an older child or peer. Separation, when used as a strategy, must be within sight or hearing of a provider.
The parent of a child may not, while working at the program, use a prohibited discipline technique to discipline the parent's child.
The following methods of discipline are prohibited:
(1) Spanking, hitting, pinching, biting, shaking, or inflicting any other physical punishment;
(2) Verbal abuse, shouting, threats, humiliation, or derogatory or sarcastic remarks about the child or the child's family;
(3) Restriction of movement or confinement;
(4) Isolating a child in an adjacent room, hallway, closet, darkened area, or any other area where a child cannot be seen or supervised;
(5) Punishment for lapses in toilet training;
(6) Withholding or forcing of meals, snacks, naps, or outdoor time to correct behavior;
(7) Demanding excessive physical exercise or excessive rest; and
(8) Placing substances in a child’s mouth to cause discomfort such as soap, food, or spices.
A provider who is under investigation for abuse and neglect may not be in a caregiving role, if the department determines there is an imminent safety concern to a child in the provider's care.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(6).
Cross-Reference:
Health and safety requirements, 45 C.F.R. § 98.41.
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 emergency medical treatment;
(5) The names of individuals authorized to pick up the child;
(6) Health information, including any allergies or special needs;
(7) A current immunization record or, for a school-age program, the name of the child's school;
(8) Parental permission for medication;
(9) The child's attendance records;
(10) The date of the child's enrollment; and
(11) The date on which the child's enrollment ends.
The provider shall annually review and update each record required under this section, and make the child's record available to the department, upon request.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(3)(4)(6).
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 lock-down, that includes accommodations for infants, toddlers, and children with disabilities or medical conditions;
(3) A written procedure for communication and reunification with parents; and
(4) A written procedure for the continuity of operations.
A provider shall practice the evacuation, shelter-in-place, and lock down procedures, outlined in the emergency preparedness and response plan, at least twice each calendar year. The provider shall document the dates on which the procedures are practiced. A provider shall communicate the emergency preparedness and response plan to each individual at the time the individual begins employment.
Except for family day care, all child care providers shall have liability insurance. Proof of current liability insurance shall be made available to the department, upon request.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(1)(6).
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 manufacturer recommendations.
Bio-contaminants must be handled and disposed of properly.
Soiled diapers must be changed promptly, in a designated area, on a non-porous surface. The diaper changing area must be clean and disinfected with a sanitizing solution approved by the department. Soiled diapers must be kept in a leakproof, nonabsorbent container that is covered with a tight-fitting lid.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
Cross-Reference:
Health and safety requirements, 45 C.F.R. 98.41(a)(1)(viii).
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 label affixed to the vehicle under 49 C.F.R. Parts 567 and 568, in effect on March 9, 2022;
(3) The required staff-child ratio must be maintained when children are being transported;
(4) The driver must be at least eighteen years of age and have a driver license to operate the vehicle being driven;
(5) When a child is being transported in a vehicle other than a bus, the child must be restrained in a car seat, booster seat, or seat belt appropriate for the child's weight and age; and
(6) Proof of liability insurance must be provided to the department, upon request, for any vehicle used for transporting children.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(1)(2)(5)(6).
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 include a hands-on skills test.
A provider shall work under supervision until the provider has completed the training required by this section. The supervisor shall have completed their pediatric first aid training and be certified in pediatric cardiopulmonary resuscitation.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(1)(6).
Cross-Reference:
Orientation training, § 67:42:17:17.
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.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(6), 26-8A-3.
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 awaken during the night and require attention; and
(3) Providers shall supply a cot or bed for each child in overnight care.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(2)(6).
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 provider within twenty-four hours of any changes in circumstances. For purposes of this section, the term, changes in circumstances, means a change in the provider's registration or license, the suspension or revocation of the provider's license, a change in the program location, closure of the program, and a change in ownership of the program.
If a court order restricts a parent from having contact with a child, and if the provider has been given a copy of the court order, the provider shall deny access to the parent.
Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16(6).
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.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
CHAPTER 67:42:18
LICENSED KINSHIP FOSTER HOME
67:42:18:01 Definitions.
67:42:18:01 Initial evaluation and approval -- Renewal of license.
67:42:18:03 Supervision.
67:42:18:04 Licensing record.
67:42:18:05 Closing an application or license.
67:42:18:06 Denial of license.
67:42:18:07 Revocation of license.
67:42:18:08 Fair hearing.
67:42:18:09 General qualifications.
67:42:18:10 Ability to provide care.
67:42:18:11 Program requirements.
67:42:18:12 Screening for substantiated reports of abuse and neglect.
67:42:18:13 Criminal record check.
67:42:18:14 Training and development.
67:42:18:15 Health standards required of applicant and applicant's family.
67:42:18:16 Maintenance of records.
67:42:18:17 Reporting requirements.
67:42:18:18 Confidentiality.
67:42:18:19 Transportation.
67:42:18:20 Vehicle insurance.
67:42:18:21 Living space requirements.
67:42:18:22 Fire safety requirements.
67:42:18:23 Water source and temperature.
67:42:18:24 Safety caps.
67:42:18:25 Railing.
67:42:18:26 Exits.
67:42:18:27 Sleeping space.
67:42:18:28 Sanitation requirements.
67:42:18:29 Nutrition requirements.
67:42:18:30 Food quality.
67:42:18:31 Discipline.
67:42:18:32 Hazardous conditions.
67:42:18:33 Water safety.
67:42:18:34 Safety equipment and training.
67:42:18:35 Emergency preparedness.
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;
(2) \"Kinship child,\" an abused or neglected child, as defined by SDCL 26-8A-2, who is considered for placement or has been placed with a kinship foster parent;
(3) \"Kinship foster home,\" the permanent or part-time home of the applicant or licensed kinship foster parent;
(4) \"Kinship foster parent,\" an individual who is a relative or custodian of a kinship child, or another individual not related by birth, adoption, or marriage to the kinship child who has an emotionally significant relationship with the kinship child and provides any of the services described in this article to the kinship child; and
(5) \"Licensing agency,\" the department or a child-placement agency licensed by the state.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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 non-relative;
(2) Personal interviews including 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;
(3) A screening for records of abuse or neglect;
(4) A criminal record check; and
(5) An in-home visit.
The licensing agency shall issue a license to a kinship foster parent upon review of the initial evaluation, the written home study of the applicant, and a finding the kinship foster parent meets the standards for care found in this chapter.
The licensing agency must complete an annual renewal study of the kinship foster parent if the relative kinship child continues to live in the home twelve months after the initial kinship foster home license was issued. Renewal of a license is based on the licensing agency's annual evaluation of the family and the care provided, and the written home study.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-11, 26-6-16, 26-6-23.2.
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 a parent or guardian. The licensing agency must complete an updated home study if additional children are placed with the kinship foster parent pursuant to SDCL 26-7A-19.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-13, 26-6-16.
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 license, the licensing agency shall offer the kinship foster parent an opportunity to review the licensing record and make written comments in the narrative section. The kinship foster parent shall date and sign the written comments. The kinship foster parent shall acknowledge in writing that the opportunity to read the licensing record was offered. The kinship foster parent may not remove material from the licensing record.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16, 26-6-20.
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 evaluation and home study.
The licensing agency shall close the license for a kinship foster parent when twelve months have passed from the date of licensure and the kinship child for whom the kinship foster parent was licensed is no longer placed in the home.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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 written notice of approval or denial of the license. If the application is denied, the notice must include the reason for the denial. An applicant may reapply after taking corrective action to remediate the reasons for the original denial of the license.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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 agency determines that immediate revocation is necessary to protect the health and safety, or welfare of a child.
The kinship foster parent may not reapply for a license for one year after the date of the revocation.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16, 26-6-23, 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 personal living space for one family, in this state;
(2) The applicant has the resources necessary to meet the needs of the family and to support, care for, and educate a kinship child;
(3) The applicant's or applicant's children, if any, are willing to accept the kinship child as a member of the family;
(4) The applicant's or applicant's family composition, needs, and relationships do not adversely affect the kinship child placed in the home;
(5) The applicant has an approved child care plan for the kinship child from the licensing agency if the applicant or licensed kinship foster parent is employed outside the home;
(6) The applicant has the ability to offer continuing care and guidance to the kinship child throughout the stages of development in a manner consistent with the social and cultural heritage norms of the child;
(7) The applicant is able to continue meeting the needs of the applicant's own children, if any; and
(8) The applicant does not have any prohibited reports or records pursuant to §§ 67:42:18:12 and 67:42:18:13.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
Cross-References:
Required criminal records checks, 42 U.S.C. § 671(a)(20).
Application for license--Investigation--Issuance--Conditions--Records--Public inspection, SDCL 26-6-11.
Initial evaluation and approval--Renewal of license, § 67:42:01:05.
Screening for substantiated reports of abuse and neglect, § 67:42:01:05.02.
Ability to provide care, § 67:42:01:06.
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 to:
(1) Provide an understanding of, and encouragement and emotional support to, the kinship child;
(2) Provide assistance to the kinship child in coping with daily living experiences;
(3) Provide supervision of the kinship child;
(4) Understand child development and the appropriate use of discipline;
(5) Apply the reasonable and prudent parent standard for the participation in age or developmentally-appropriate activities; and
(6) Participate with the licensing agency or a responsible party in devising and executing a case plan for the kinship child living in the home.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-11, 26-6-16.
Cross Reference: Reasonable and prudent parent standard, subdivision 67:42:01:01(12).
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 decisions for a kinship child in the parent's care which allow the child to participate in age-appropriate activities to ensure the child has opportunities to experience a normal childhood and adolescence, similar to the child's peers not in care;
(3) Use careful judgment regarding activities, considering the child's maturity level, emotional and developmental needs, and any potential risks;
(4) Take part in case planning for the child and participate in the preparation, pre-placement, and visitation plans for the child; and
(5) Demonstrate respect for the child's birth family and agree to maintain a working relationship with the kinship child's family members as indicated in the child's case plan.
A kinship foster parent is not liable for harm caused to a child in or out of home placement if the child is participating in an activity approved by the kinship foster home, provided that the kinship foster parent has acted in accordance with the reasonable and prudent parent standard.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
Cross Reference: Reasonable and prudent parent standard, subdivision 67:42:01:01(12).
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 neglect. Neither the kinship foster parent applicant nor any household member eighteen years of age or older, other than a kinship child placed in the home, may have a substantiated report of child abuse or neglect on record. A substantiated report of child abuse or neglect includes a report placed into the department's central registry under § 67:14:39:03, a report placed on the central registry of another state in the last ten years, and a report that was 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 must 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 a process and removes the individual's name from its central registry, the individual must request the other state 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 a process and removes the individual's name from the record of the report, the individual must request the tribal program to submit documentation to the department verifying the removal of the individual's name from the record.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-11, 26-6-16, 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.
67:42:18:13. 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 eligible to receive a kinship foster parent license if the individual or any other adult living in the prospective kinship foster home has:
(1) A conviction for a crime that would indicate harmful behavior towards children;
(2) A conviction for a crime of violence as defined by SDCL 22-1-2 or a similar statute from another state;
(3) A conviction for a crime pursuant to SDCL chapters 22-22 or 22-24A, SDCL 22-22A-3, or a similar statute from another state; or
(4) Any felony conviction occurring within the past five years.
If an individual is seeking licensure as a kinship foster parent from another child-placement agency, the department must 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 must notify the child-placement agency of the existence of the conviction.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-14.3, 26-6-14.11, 26-6-16.
Cross-References:
Information from another state's central registry or national crime database to be used only for background check, SDCL 26-6-14.13.
Confidentiality of abuse or neglect information -- Violation as misdemeanor -- Release to certain parties, SDCL 26-8A-13.
Required criminal records checks, 42 U.S.C. § 671(a)(20).
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 the kinship foster parent.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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 applicant shall present evidence to the department that each household member under the age of eighteen meets the Department of Health's requirements for immunizations, unless an immunization is contrary to the household member's health, as documented by a licensed health care professional, or the application provides a signed written statement that the household member adheres to a religious doctrine whose teachings are opposed to the immunization. The minimum immunization requirements for a child aged four months to six years are: diphtheria, tetanus, acellular pertussis, poliovirus, measles, mumps, rubella, and varicella. The minimum immunization requirements for a child aged seven to eighteen are: tetanus, diphtheria, acellular pertussis, and meningococcal ACYW. All kinship foster home applicants and household members who provide care for a child with known health vulnerabilities or a compromised immune system shall receive the influenza vaccine annually and the whooping cough vaccine as recommended by public health guidelines. The department may provide a vaccination exception for an individual with documented medical contraindications where case-specific, alternative protective measures are utilized.
The department may request additional medical statements.
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: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-11, 26-6-16.
Cross-References:
Communicable disease control, article 44:20.
Health and safety requirements, 45 C.F.R. § 98.41.
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;
(4) The name and telephone number of the child's social worker, doctor, dentist, legal parent or guardian, and the individual to contact in the event of an emergency; and
(5) Any other information required by the department.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16, 26-6-20.
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 provider incompatibility, or serious injury to or serious illness of the kinship child living in the home that involves the kinship child, kinship foster parent, or kinship child's home, the kinship foster parent must ensure the child is safe and then immediately report the occurrence to the department’s placing worker.
A kinship foster parent shall report any of the following to the department within twenty-four hours:
(1) A change of address;
(2) A change in the household size or composition;
(3) A change in the home that impacts the care provided or the safety of the kinship child living in the home; and
(4) Any involvement with child protection services or law enforcement concerning any allegation of child abuse or neglect.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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 individual.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16, 26-6-20.
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 kinship foster parent shall identify a safe way to transport a kinship child to appointments and activities.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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 June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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 level of the home;
(2) Be equipped with a working carbon monoxide detector with an audible alarm that can be heard under normal living conditions on each level of the home; and
(3) Have an evacuation plan that is taught to each child by the kinship foster parent.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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 exceed one hundred twenty degrees Fahrenheit.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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 safety cap. No bare or exposed electrical wires may be present within the home.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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 ground level. The other exit may be a window if:
(1) The window can be easily opened from the inside without the use of tools;
(2) The window provides a clear opening with a minimum dimension of at least twenty-two inches, is at least five 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 that can be easily opened from the inside.
A ladder, folding stairs, or a trap door may not be the only access to a bedroom.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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 must provide bed linens, blankets, and pillows for a kinship child over the age of one;
(2) The licensing agency must approve the sleep space plan for the kinship child placed with a kinship foster parent; and
(3) The kinship foster parent must follow safe sleep practices for an infant under the age of one.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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 child. 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: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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 discipline with the child's worker. A kinship foster parent may not delegate discipline to an older child or peer. Any discipline or control used by a kinship foster parent must be appropriate to the kinship child's age and developmental level. Physical punishment is prohibited.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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 stored in the home must be kept unloaded and locked in a room, closet, cabinet, or carrying case and separate from the ammunition.
Alcoholic beverages, medications, poisonous materials, cleaning supplies, and other hazardous materials must be inaccessible to children.
The department may require the removal or correction of other hazardous conditions or circumstances not covered in this chapter if the department considers the conditions or circumstances to have the potential to cause injury or illness to the child in care.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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, latching gate that can be locked while not in use;
(2) If an indoor swimming pool is on the premises, the swimming pool must have an access door that restricts entry;
(3) If a hot tub is on the premises, the hot tub must be securely covered; and
(4) A child may not be permitted to play in an area where there is a body of water, unless the caretaker can see and hear the child and is close enough to intervene at all times.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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; and
(4) Hunting.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
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 foster parent shall maintain first aid supplies in the kinship foster home.
Source: 51 SDR 127, effective June 1, 2025.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.