A day care center is a facility for the care and supervision of 21 or more children on a regular basis for part of a day as a supplement to regular parental care.
Source: 12 SDR 209, effective July 6, 1986; 15 SDR 162, effective May 4, 1989.
General Authority: SDCL 26-6-16.
A day care center shall submit to the department a statement of its purpose and function; the maximum number of children to be cared for; proposed age levels; services available to children with special needs; its hours of service; and a description of the day care program. Upon request of the department, information on fiscal or statistical matters shall also be submitted or otherwise be made available to the department.
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.
General Authority: SDCL 26-6-16.
The executive director or proprietor and the assistant director of a day care center must be at least 18 years of age, may not have on record a substantiated report of child abuse or neglect, and if the individual owes child support arrearages which total $1,000 or more, the individual must have a satisfactory arrangement with the Office of Child Support Enforcement for the repayment of those arrearages. The operator must be a stable, emotionally mature individual of reputable character. The operator shall demonstrate the ability to provide care for children that attends to the child's physical growth and development and to the physical, emotional, cognitive, and social needs of the child.
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.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 25-7A-56, 26-6-16.
Staff records and qualifications, § 67:42:10:09.
Screening for substantiated reports of abuse and neglect, § 67:42:01:05.02.
Notice to absent parent before restricting issuance of licenses, § 67:18:01:61.
Administrative review and fair hearing before restricting issuance of licenses, § 67:18:01:62.
The individual responsible for planning and implementing the program of the day care center and for supervising staff must be at least 18 years of age, may not have on record a substantiated report of child abuse or neglect, and must meet one of the following requirements:
The department may waive the requirements of this section if an individual met the requirements of this section before September 29, 2004.
Source: 12 SDR 209, effective July 6, 1986; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
Note: Information relating to certification as a child development associate may be obtained from the South Dakota Department of Social Services, Office of Child Care Services, 700 Governors Drive, Pierre, South Dakota 57501 (1-800-227-3020).
Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; transferred from § 67:14:19:17, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:08, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 209, effective July 6, 1986; 20 SDR 223, effective July 7, 1994; repealed, 31 SDR 40, effective September 29, 2004.
A child care worker must be at least 18 years old and must work under the supervision of an individual who meets the requirements of § 67:42:10:02.01. A child care worker may be included in the staff-child ratio.
A secondary child care worker must be at least 14 years old and may be counted in the staff-child ratio only when under the direct and constant supervision of a teacher, the center director, or a child care worker and when there are at least two adults present in the center. A secondary child care worker may not be left alone with children in care.
The provisions of §§ 67:42:10:06, 67:42:10:08, and 67:42:10:09 apply to child care workers and secondary child care workers.
Support staff such as cooks, bus drivers, and others who have contact with children must meet the provisions of §§ 67:42:10:06, as applicable, 67:42:10:08, and 67:42:10:09.
Auxiliary staff include those individuals such as cooks, janitors, and secretaries who provide assistance with the operation of the center but do not have direct contact with children in care. The provisions of §§ 67:42:10:08 and 67:42:10:09 apply to auxiliary staff.
A volunteer filling any of these positions must meet the applicable requirements.
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.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
Cross-References: Screening for substantiated reports of abuse and neglect, § 67:42:01:05.02; Revocation or refusal to issue or renew license or registration for child abuse or violence, SDCL 26-6-23.1.
The center must have and implement a written training plan. Each staff member must participate in 20 hours of training annually. During the first year of employment, each staff person must obtain training in the following areas:
After the first year of an individual's employment at the center, the center shall provide training in the subject areas most needed for professional development of staff and effective center operation. Instruction provided to staff members or volunteers while performing their job may not be used to meet the requirements of this rule.
The number of training hours required of staff who are not full-time employees shall be proportionate to the number of hours worked.
Supervision of staff members as they perform their routine tasks may not be considered training for purposes of this requirement.
Before an initial license is issued, the operator or a designated staff person must complete at least one hour of class instruction in basic first aid. In addition, if not already certified, the operator must become certified in infant-child cardio-pulmonary resuscitation (CPR) through either the American Heart Association or the American Red Cross or another entity that provides the operator or designated staff person with hands-on skills testing as part of the training. Within the first year of employment, each staff person must complete and become certified in infant-child CPR through either the American Heart Association or the American Red Cross. Each staff person must maintain a valid certification in CPR at all times.
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.
General Authority: SDCL 26-6-16.
The center must have and implement a written plan for orientation training. The plan must provide for staff orientation in at least the following areas:
Orientation must be completed either before the staff member or volunteer may have unsupervised contact with children in care or within 30 days after beginning work with children, whichever occurs first. Documentation of the completed orientation must be kept in the staff member's or volunteer's personnel file.
Orientation training may count toward one hour of the required annual training for each staff person during the person's first year of employment.
Source: 31 SDR 40, effective September 29, 2004.
General Authority: SDCL 26-6-16.
A day care center must maintain the following ratio for staff and children present at the center:
The staff-child ratio of mixed-age groups must meet the requirements of the age grouping that comprises the majority of the children except when children under three years of age are present. When three or more children under the age of three years are present in the mixed-age group, the staff-child ratio for children under three years of age must be maintained.
There may be no more than 20 children in an activity grouping. Children younger than four weeks of age may not be cared for in a day care center.
There must be a list of adults who would be available within 15 minutes of the center in case of an emergency. This list must be posted next to the center's telephone and must include the adults' telephone numbers. Children of staff members who are also in care or are supervised at the center must be included in determining group size and the staff-child ratio. Additional staff such as cooks, janitors, and secretaries may not be included in the determination of the staff-child ratio unless performing a care-giving role. A cook may not perform a care-giving role while preparing food.
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.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
Cross-Reference: Additional number of children in day care -- Staff-to-child ratios, SDCL 26-6-15.1.
Each staff member must have a Mantoux tuberculin skin test at the time of employment before having direct contact with children. Individuals who react to the test but are without disease and who do not complete a preventive course of Isoniazid, INH, must annually demonstrate evidence of no active disease by a physical evaluation completed by a medical doctor. Individuals who have been infected by tuberculosis and have completed a minimum six-month course of INH and individuals who show no reaction to the test at the time of employment are exempt from further tuberculin evaluation for the purposes of this chapter. A copy of the tuberculin test reports and physical evaluations must be kept in the staff member's file and must be furnished to the department upon request.
Source: SL 1975, ch 16, § 1; transferred from § 67:14:19:24, 4 SDR 10, effective August 28, 1977; transferred from § 67:41:04:16, 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.
General Authority: SDCL 26-6-16.
A day care center must maintain a record on each staff member. The record must include the staff member's name, age, address, telephone number, education and work experience, in-service and orientation training, hours of work, dates of employment and separation, a statement signed by the staff member acknowledging that the staff member has reviewed and understands the provisions of chapters 67:42:01, 67:42:10, and 67:42:11, and a statement signed by the employee which defines child abuse and neglect and outlines the employee's responsibility to report all incidents of child abuse or neglect under the provisions of SDCL 26-8A-3 and 26-8A-8. The facility must make the personnel records available to the department for verification of the contents. The facility must retain personnel records for six months after the staff member's employment ends.
Before hiring an individual to work at the center, the center must contact at least three references which may include the individual's former employers. The contacts must relate to the individual's character, emotional stability, and competence. The references may not be related to the prospective staff member and must be individuals who have known the prospective staff member prior to the time of application. References must be in the form of a documented conversation or written letter and must be on record before hiring the individual.
Before hiring an individual to work at the center, the center must comply with the screening requirements of §§ 67:42:01:05.01 and 67:42:01:05.02.
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.
General Authority: SDCL 26-6-16(1).
Law Implemented: SDCL 26-6-16(1), 26-6-23.2.
Cross-Reference: Screening for substantiated reports of abuse and neglect, § 67:42:01:05.02.
Each day care center must have written policies regarding the following:
In addition, there must be a written program of activities planned according to the developmental level of each group of children. The program shall provide each child with experiences which encourage self-esteem and positive self-image, social interaction, self expression and communication skills, creative expression, large and small muscle development, and intellectual growth. The program schedule must be planned to provide a flexible balance of active and quiet activities, individual and group activities, and indoor and outdoor activities.
Children must be given attention on a one-to-one basis by staff members.
Each day care center must have safe, non-toxic play materials and equipment for creative activity, dramatic play, language arts, and large and small muscle development and coordination.
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.
General Authority: SDCL 26-6-16(2)(6)(7)(9)(12).
Each center shall have a written policy on the discipline techniques to be used for a child in care. Discipline techniques used shall offer clear-cut limits with positive guidance and direction to help a child to develop self-control and respect for the rights of others. Discipline techniques must be appropriate to the child's age and developmental level.
Discipline may not be delegated to older children or peers. Use of humiliating or frightening punishment such as the following are prohibited:
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 31 SDR 40, effective September 29, 2004.
General Authority: SDCL 26-6-16.
Parents shall be allowed to observe their own child or children in the center at any time and immediately upon request.
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.
General Authority: SDCL 26-6-16.
If a child is in a day care center during the center's regular meal time, the center must offer the child a meal which consists of a variety of foods from the basic food guide pyramid food groups and which supplies at least one-third of the child's daily nutritional needs. Nutritious midmorning, mid-afternoon, and evening snacks must be served between meals. A day care center preparing food must meet the food service requirements contained in chapter 67:42:11. A day care center may serve food prepared in another facility if that facility complies with the food service requirements of chapter 67:42:11 and a copy of that facility's current food service license issued by the Department of Health is kept on file at the center.
The center must post a weekly menu which indicates the meals to be served at the center that week. The center must record on the weekly menu the food actually served. Each weekly menu must be retained for inspection for six months after the week for which it was prepared.
Infants must be fed according to their individual schedule and must be held while bottle feeding.
Meals, snacks, and formulas which are prepared by the child's parents and served by the center must be stored according to § 67:42:11:17 until consumed and disposed of.
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.
General Authority: SDCL 26-6-16.
Before a child may be admitted to a day care center, the center must require a child's parent or guardian to submit a written statement signed by a licensed physician, physician's assistant, certified nurse practitioner, or community health nurse showing that the child meets the minimum immunization requirements as recommended by the Department of Health.
The day care center must ensure that immunization levels of all children are current. For children who begin the series late or are more than one month behind in immunizations, the immunization levels of these children must show current progress toward achieving adequate immunization levels as recommended by a licensed physician, physician's assistant, certified nurse practitioner, or community health nurse. The Department of Health may verify immunization levels during an annual audit. If a child suffers an illness during the day, the child must be separated from other children and the child's parents must be notified. The center must notify the Department of Health if any child in the day care center contracts a communicable disease. The center must follow the Department of Health's recommendations for addressing a situation involving a communicable disease. The center must have on file the name, address, and telephone number of each child's source of regular health supervision as well as other emergency medical information.
A child is exempt from meeting the minimum age-specific immunization levels if the child's parent or guardian has certification from a licensed physician stating that the physical condition of the child is such that a test or immunization would endanger the child's life or health or if 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 tests and immunizations.
Written permission from parents or guardians allowing for the child's emergency medical care must be obtained and maintained by the operator.
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.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
Cross-References: Tests and immunization for communicable diseases required for admission to school -Exceptions -- Rules, SDCL 13-28-7.1; Definition of "communicable disease," § 44:20:01:01.
Medications may only be administered with the written consent of the parent or guardian and only if the consent lists the name of the medication and the date or dates the medication is to be administered. Medications must be kept in their original container with the original label. The label for prescription medications must contain legible directions for use, the expiration date, the child's name, and the physician's name. A drug container without a label or with an illegible label is not permitted. Medications must be stored in a place which is inaccessible to children. Medication requiring refrigeration must be placed in another nonabsorbent container and labeled "medications."
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.
General Authority: SDCL 26-6-16.
Before building a new day care center or renovating or altering an existing day care center, the center must submit copies of its proposed building, renovation, or alteration plans to the department for approval. The plan must indicate the interior dimensions of each room and the intended use of the room, the location of the fixtures in each bathroom, and the location of the appliances and fixtures for the kitchen. Indoor and outdoor play space must be identified.
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.
General Authority: SDCL 26-6-16.
A day care center must satisfactorily comply with environmental health standards in chapter 67:42:11 to be licensed. An environmental health survey must be conducted by the Department of Health before the initial licensing of the day care center and each year thereafter for licensure renewal.
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.
General Authority: SDCL 26-6-16.
A day care center must comply with the construction and fire safety requirements in chapter 61:15:05. The Department of Public Safety, the city fire inspection authority, or the city health inspection authority must inspect the center before an initial license is issued and each year thereafter. Before an initial license is issued, the center must provide to the department a copy of the inspection results. The inspection results must indicate compliance with the fire and life safety requirements. Each year thereafter, the center must provide to the department a copy of the inspection results indicating continued compliance with the fire and life safety requirements.
Fire drills are required at least four times a year. The center must conduct one tornado drill at the beginning of each summer. The center must document completion of fire and tornado drills.
The day care center must have written emergency evacuation plans posted. All staff members must be aware of exits and methods to be used in the event of flood, fire, strong winds, or other emergencies.
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.
General Authority: SDCL 26-6-16(2).
The center facility must contain not less than 35 square feet of play space indoors and 50 square feet of play space outdoors for each child present. Floor space used for permanent and stationery equipment and furniture, storage, halls, bathrooms, offices, and kitchens may not be included in the determination of usable play space for children. No more than half of the space occupied by cribs may be used in determining total square feet of play space.
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.
General Authority: SDCL 26-6-16.
Night-time care centers within the context of this chapter mean any day care center in operation between 7:00 p.m. and 6:00 a.m. When the same premises are used for the provision of both day and night care, the number of children during overlapping shift periods may not exceed the maximum licensed capacity of the center. No child may attend the center for more than 18 hours in any 24-hour period. The required staff-child ratio, as outlined in § 67:42:10:07, must be maintained during all hours of operation. Staff on duty must be awake and alert to the needs of children. Staff supervising sleeping children must be on the same floor as the sleeping children.
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.
General Authority: SDCL 26-6-16.
If a volunteer is used to fill a staff member's position such as a teacher, child care worker, or secondary child care worker, the volunteer must meet the applicable requirements for the position being filled.
Source: 12 SDR 209, effective July 6, 1986; 20 SDR 223, effective July 7, 1994; 21 SDR 206, effective June 4, 1995.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
Screening for substantiated reports of abuse and neglect, § 67:42:01:05.02. Persons required to report child abuse or neglected child -- Intentional failure as misdemeanor, SDCL 26-8A-3.
Oral report of abuse or neglect -- To whom made -- Response report, SDCL 26-8A-8.
Responsibilities of and qualifications for teacher, § 67:42:10:04.
The center shall require each staff member to read and sign a statement which defines child abuse and neglect and outlines the staff member's responsibility to report all incidents of child abuse or neglect according to state law. Each staff member shall, in addition to complying with SDCL 26-8A-3 and 26-8A-8, report any incident of child abuse or neglect to the executive director, the proprietor, or a designee. The executive director, proprietor, or designee shall immediately report any suspected or alleged in-house incident of child abuse or neglect to the department, police, sheriff, or state's attorney and cooperate fully in the investigation of any incident.
Source: 12 SDR 209, effective July 6, 1986.
General Authority: SDCL 26-6-16.
The center shall have written procedures for handling suspected in-house child abuse. The procedures shall include at least the following:
Source: 12 SDR 209, effective July 6, 1986.
General Authority: SDCL 26-6-16.
In order to prevent cross-contamination and the spread of infectious diseases and lice, a day care center must provide an individual storage unit or container for each child's personal articles including combs, brushes, towels, and clothing.
Source: 21 SDR 206, effective June 4, 1995.
General Authority: SDCL 26-6-16.
During the hours the facility is in operation, there must be a least one staff person on site who is trained in both first aid and infant-child cardio-pulmonary resuscitation (CPR).
Source: 31 SDR 40, effective September 29, 2004.
General Authority: SDCL 26-6-16.