reglab/housing_qa huggingface dataset:
SD Codified L § 26-6-14.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-14.1 - Family day care defined--Number of children allowed.

26-6-14.1. Family day care defined--Number of children allowed.For the purposes of this chapter, family day care means providing care and supervision of children from more than one unrelated family, in a family home, on a regular basis for part of a day as a supplement to regular parental care, without transfer of legal custody or placement for adoption, paid for directly or indirectly out of public funds. A family day care home may not be registered for care and supervision of more than twelve children at any one time including children under the age of six living in the home. Source: SL 1979, ch 170, §9; SL 1981, ch 200; SL 1983, ch 209, §1.
SD Codified L § 26-6-14.2 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-14.2 - Registration of family day care homes--Rules--Exemption--Investigation--Duration of registration--Assignment prohibited.

26-6-14.2. Registration of family day care homes--Rules--Exemption--Investigation--Duration of registration--Assignment prohibited.Application for registration for operation of a family day care home shall be made on forms provided by the Department of Social Services and in the manner prescribed by the department. The secretary of social services shall promulgate rules regulating family day care homes providing services paid for directly or indirectly out of public funds. The rules shall be promulgated pursuant to chapter 1-26. However, the rules and the registration required by §26-6-14.1 do not apply to family day care homes providing services not paid for directly or indirectly out of public funds. The department may investigate any family day care home providing services paid for directly or indirectly out of public funds to verify compliance with this chapter and the rules promulgated pursuant to this chapter. All registration certificates shall be in force for two years from the date of issuance unless revoked as authorized by §26-6-23. The certificate issued under this chapter may not be assigned or transferred and applies only to the certificate and the location stated in the application and remains the property of the Department of Social Services. Source: SL 1979, ch 170, §10; SL 1981, ch 199, §11; SL 1983, ch 209, §2; SL 1985, ch 211, §9.
SD Codified L § 26-6-14.3 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-14.3 - Issuance of child welfare license--Criminal record of applicant to be secured--Waiver by applicant--When application denied.

26-6-14.3. Issuance of child welfare license--Criminal record of applicant to be secured--Waiver by applicant--When application denied.Before issuing a child welfare license pursuant to §26-6-14, the department shall ensure that the child welfare agency has secured from an appropriate law enforcement agency a criminal record to determine whether the applicant or any other person specified in §26-6-14.4 has ever been convicted of a crime specified by the rules of the department. This requirement does not apply to applications for annual renewal of an existing child welfare agency license if the applicant was licensed in the preceding year. Any person who makes an application for a license pursuant to §26-6-14 and any other person specified in §26-6-14.4 shall sign the waiver set forth in §23-5-12. If it is found that the applicant or any other person specified in §26-6-14.4 has been convicted of a crime specified by the rules of the department, the application shall be denied. Source: SL 1988, ch 208, §1; SL 1993, ch 197, §1.
SD Codified L § 26-6-14.4 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-14.4 - Persons to whom criminal record requirement applies.

26-6-14.4. Persons to whom criminal record requirement applies.In addition to the applicant, §§26-6-14.3 to 26-6-14.7, inclusive, shall be applicable to the criminal conviction of the following persons:(1)Adults responsible for administration or direct supervision of staff;(2)Any adult residing in the facility;(3)Any adult, including a volunteer, who provides care and supervision to the children; and(4)Any adult working in a child care institution, including a group home, residential treatment center, intensive residential treatment center, or shelter care facility. A child care institution does not include a day care center, group family day care home, or a before and after school day care program. Source: SL 1988, ch 208, §2; SL 2019, ch 124, §1.
SD Codified L § 26-6-14.5 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-14.5 - Waiver, fingerprinting, and declaration as condition of employment--Time--Immediate termination of employee.

26-6-14.5. Waiver, fingerprinting, and declaration as condition of employment--Time--Immediate termination of employee.Subsequent to initial licensure, any person specified in §26-6-14.4 shall, as a condition to employment, residence, or presence in a child welfare agency sign the waiver set forth in §23-5-12, be fingerprinted and sign a declaration under penalty of perjury regarding any prior criminal conviction and military history. The licensee shall submit these fingerprints to the South Dakota Division of Criminal Investigation and the Federal Bureau of Investigation Identification Division not later than fourteen calendar days following employment, residence, or initial presence in the child welfare agency. If it is determined that the person has been convicted of a crime specified by rules of the department, the licensee shall act immediately to terminate the person's employment and remove the person from the child welfare agency or bar the person from entering the child welfare agency. Source: SL 1988, ch 208, §3; SL 1993, ch 197, §2.
SD Codified L § 26-6-14.6 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-14.6 - Meaning of conviction--Evidence of conviction.

26-6-14.6. Meaning of conviction--Evidence of conviction.For purposes of §§26-6-14.3 to 26-6-14.7, inclusive, or any other provision of this chapter, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere in this state or any other state. Any action which the department is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal. For purposes of §§26-6-14.3 to 26-6-14.7, inclusive, or any other provision of this chapter, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction. Source: SL 1988, ch 208, §4.
SD Codified L § 26-6-14.7 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-14.7 - Transfer of criminal record clearance when changing employment.

26-6-14.7. Transfer of criminal record clearance when changing employment.For the purposes of compliance with §§26-6-14.3 to 26-6-14.7, inclusive, the department shall permit an individual to transfer a current criminal record clearance, as defined in §26-6-14.3, from one facility to another when changing employment. The department shall supply the individual with documentation of the clearance within thirty days of a written request for the records. Source: SL 1988, ch 208, §5.
SD Codified L § 26-6-14.8 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-14.8 - Unregistered family day care defined--Number of children allowed.

26-6-14.8. Unregistered family day care defined--Number of children allowed.For the purposes of §§26-6-14.8 to 26-6-14.11, inclusive, unregistered family day care means the providing care and supervision of children from more than one unrelated family, in a family home, on a regular basis for part of a day as a supplement to regular parental care, without transfer of legal custody or placement for adoption, without payment directly or indirectly of any public funds. An unregistered family day care home may not provide care for more than twelve children at any one time including children under six living in the home. Source: SL 1988, ch 206, §1.
SD Codified L § 26-6-14.9 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-14.9 - Submission of employees' names to department--Central registry background checks--Notification to provider--Issuance of certificate.

26-6-14.9. Submission of employees' names to department--Central registry background checks--Notification to provider--Issuance of certificate.Any provider of unregistered family day care may submit his name and the names of any employees or residents at the home, to the Department of Social Services, on forms supplied by the department. The department shall conduct central registry and substantiated abuse or neglect report background checks on all names submitted pursuant to §§26-6-14.8 to 26-6-14.11, inclusive. If the department determines that any person whose name has been submitted has been convicted of child abuse pursuant to chapter 26-10 or a sex offense pursuant to chapter 22-22, or has a substantiated report of child abuse or neglect on file with the department, the department shall so notify the provider. If the central registry and substantiated abuse or neglect report background check yields no substantiated reports of child abuse or neglect, as defined by the department by rules promulgated pursuant to chapter 1-26, or no convictions of either the provider or the names submitted by the provider of child abuse pursuant to chapter 26-10 or sex offenses pursuant to chapter 22-22, then the department shall issue a certificate, at no cost to the provider, verifying that fact. Source: SL 1988, ch 206, §1A; SL 1993, ch 198.
SD Codified L § 26-6-14.10 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-14.10 - Prohibition of licensure, registration, or operation by person convicted of child abuse or other felony, or whose name appears on registry--Failure to report as misdemeanor.

26-6-14.10. Prohibition of licensure, registration, or operation by person convicted of child abuse or other felony, or whose name appears on registry--Failure to report as misdemeanor.No person who has been convicted of child abuse pursuant to chapter 26-10; a sex offense pursuant to chapter 22-22; or, within the preceding five years, any other felony; and no person whose name appears on the sex offender registry or on the central registry for child abuse and neglect may:(1)Be licensed to operate a child welfare agency pursuant to §26-6-14;(2)Be registered to operate a family day care home pursuant to §26-6-14. 2; or(3)Operate an unregistered family day care home as defined in §26-6-14.8.Any person who has actual knowledge that some other person is violating this section and who subsequently fails to report such violation to the state's attorney or local law enforcement is guilty of a Class 1 misdemeanor. Source: SL 1988, ch 206, §2; SL 2001, ch 136, §1; SL 2004, ch 178, §1, eff. Mar. 9, 2004; SL 2010, ch 138, §2.
SD Codified L § 26-6-14.11 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-14.11 - Prohibition of child care by person convicted of child abuse, sex offense, or other felony, or whose name appears on registry--Violation as misdemeanor.

26-6-14.11. Prohibition of child care by person convicted of child abuse, sex offense, or other felony, or whose name appears on registry--Violation as misdemeanor.Any person who has been convicted of child abuse pursuant to chapter 26-10; a sex offense pursuant to chapter 22-22; or, within the preceding five years, any other felony; or whose name appears on the sex offender registry or on the central registry for child abuse and neglect is guilty of a Class 1 misdemeanor if such person resides or works or provides care and supervision of children in any child welfare agency or any registered or unregistered family day care home. Any person who permits another person to reside or work or provide care and supervision of children in any child welfare agency or any registered or unregistered family day care home knowing that the person has been convicted of child abuse pursuant to chapter 26-10; a sex offense pursuant to chapter 22-22; or, within the preceding five years, any other felony; or knowing that the person's name appears on the sex offender registry or on the central registry for child abuse and neglect, is guilty of a Class 1 misdemeanor. Source: SL 1988, ch 206, §3; SL 2001, ch 136, §2; SL 2004, ch 178, §2, eff. Mar. 9, 2004; SL 2010, ch 138, §1.
SD Codified L § 26-6-14.12 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-14.12 - Before and after school day care exempt from zoning, uniform building, and safety provisions.

26-6-14.12. Before and after school day care exempt from zoning, uniform building, and safety provisions.A county or municipality may exempt a before and after school day care program from its zoning, uniform building, and fire and life safety code provisions if the day care program is accessory to a church, nonprofit youth organization, hospital, public or private school, or office building. Source: SL 1989, ch 139, §3.
SD Codified L § 26-6-14.13 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-14.13 - Information from another state's central registry or national crime database to be used only for background check.

26-6-14.13. Information from another state's central registry or national crime database to be used only for background check.Information obtained from another state's child abuse and neglect central registry or from the national crime information databases for the purpose of conducting a background check under §26-6-14.5 or for approval of a foster or adoptive placement may be used for purposes related to conducting the background check only and may not be released except as authorized by law. Source: SL 2007, ch 162, §1; SL 2019, ch 124, §2.
SD Codified L § 26-6-15 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-15 - Specification in licenses and registration certificates of work authorized.

26-6-15. Specification in licenses and registration certificates of work authorized.Each license or registration certificate shall specify the name, location, and the kind of child welfare work the licensee or registrant may undertake, the number of children that can be received and their ages and sex, and if authorized to place and supervise children in family homes, the area that the agency is equipped to serve. Source: SL 1939, ch 168, §3; SDC Supp 1960, §55.3708; SL 1979, ch 170, §3; SL 1985, ch 211, §10.
SD Codified L § 26-6-15.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-15.1 - Additional number of children in day care--Staff-to-child ratios.

26-6-15.1. Additional number of children in day care--Staff-to-child ratios.In addition to the number of children for which a family day care home, group family day care home, or day care center is registered or licensed to provide care pursuant to §26-6-15, the facility may care for the following numbers of children, if the children are of school age, beyond the grade of kindergarten, receive services only before or after school hours, or if the additional children are at the facility because of family emergency or special circumstance:(1)Family day care homes--no more than two additional children;(2)Group family day care homes--no more than three additional children; and(3)Day care centers--no more than twenty percent of the number of children for which the day care center is licensed.Any additional children in care pursuant to §§26-6-14, 26-6-15.1, and 26-6-15.2 shall be counted in maintaining staff-to-child ratios as prescribed by the Department of Social Services. Source: SL 1988, ch 207, §1; SL 1996, ch 170.
SD Codified L § 26-6-15.2 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-15.2 - Additional number of children in day care center operating preschool program.

26-6-15.2. Additional number of children in day care center operating preschool program.Any day care center operating a preschool program may provide care for an additional number of children, not to exceed ten percent of the number of children for which the center is licensed pursuant to §26-6-15, if the additional children are in attendance at the center only for the preschool program and the center meets staff-to-child ratios set by the Department of Social Services. Source: SL 1988, ch 207, §2.
SD Codified L § 26-6-16 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-16 - Rules for child care by licensed or registered agencies promulgated by department--Matters included in rules.

26-6-16. Rules for child care by licensed or registered agencies promulgated by department--Matters included in rules.The Department of Social Services shall promulgate rules pursuant to chapter 1-26 to establish standards of care of children outside their own homes by licensed or registered child welfare agencies. The rules may not include requirements as to incorporation as nonprofit entities, but may include:(1)Qualifications and training of personnel engaged in child care services;(2)Requirements relating to safety, sanitation, condition, maintenance, and approval of physical plant and equipment utilized in child care;(3)Recordkeeping requirements to ensure compliance with this chapter;(4)The keeping of health records for children in care, those persons providing care, and other persons present in the care setting;(5)The numbers, ages, and sex of children cared for;(6)Program policies and standards of operation regarding the health and safety of children;(7)Requirements to have policies on fees, payments, and refunds for services paid for directly or indirectly out of public funds;(8)Health and nutrition standards and medication control;(9)Conditions which must be met for the issuance of a provisional license;(10)Criminal offenses, including felonies and misdemeanors under federal and state law, the commission of which renders an applicant ineligible for the grant or retention of a license under §§26-6-14.3 to 26-6-14.7, inclusive, or the commission of which is grounds for preventing other persons specified in §26-6-14.4 from having contact or employment with a child welfare agency; and(11)Such other provisions as may be required for federal financial participation. Source: SL 1939, ch 168, §2; SDC Supp 1960, §55.3707; SL 1965, ch 248, §2; SL 1979, ch 170, §4; SL 1981, ch 199, §12; SL 1988, ch 208, §6; SL 1988, ch 209, §2; SL 1988, ch 210; SL 1996, ch 171.
SD Codified L § 26-6-18.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-18.1 - Establishment and support of day care centers by counties and municipalities.

26-6-18.1. Establishment and support of day care centers by counties and municipalities.The boards of county commissioners of the several counties and the governing boards of municipalities may establish and maintain day care centers as defined in subdivision 26-6-14(3), and may contribute sums of money annually to establish, promote, and support nonprofit organizations engaged in such programs. Source: SL 1975, ch 69, §1.
SD Codified L § 26-6-18.3 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-18.3 - Appropriation for day care centers.

26-6-18.3. Appropriation for day care centers.For the purpose of carrying out the provisions of §§26-6-18.1 to 26-6-18.4, inclusive, the boards of county commissioners and the governing bodies of municipalities shall appropriate the necessary money from their general fund. Source: SL 1975, ch 69, §1; SL 1985, ch 77, §14; SL 1986, ch 27, §8.
SD Codified L § 26-6-18.4 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-18.4 - Approved programs required for payments to nonprofit organizations--Records and periodic audit.

26-6-18.4. Approved programs required for payments to nonprofit organizations--Records and periodic audit.Payments to nonprofit organizations engaged in these programs shall be based on programs previously approved by the governing boards. Complete records on all their activities and a certified audit of these records shall be submitted to the governing boards upon demand and at the close of each fiscal period. Source: SL 1975, ch 69, §2.
SD Codified L § 26-6-18.5 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-18.5 - Exemption of program from zoning, building and fire and life safety codes.

26-6-18.5. Exemption of program from zoning, building and fire and life safety codes.A county or municipality may exempt a day care program from its zoning, uniform building, and fire and life safety code provisions if the day care program is accessory to a church, nonprofit youth organization, hospital, public or private school, commercial building, or office building. Source: SL 1989, ch 138, §3.
SD Codified L § 26-6-19 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-19 - Department of Health visitations and inspections.

26-6-19. Department of Health visitations and inspections.The State Department of Health and its duly authorized agent may visit any child welfare agency to advise the agency on matters affecting the health of children and to inspect the sanitation of the buildings used for their care. Source: SL 1939, ch 168, §4; SDC Supp 1960, §55.3709.
SD Codified L § 26-6-20 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-20 - Records on children in care of agencies--Information confidential.

26-6-20. Records on children in care of agencies--Information confidential.Each child welfare agency shall keep and provide records regarding each child in its control and care to the Department of Social Services as the department may require. All records regarding children and all facts learned about children and their parents or relatives are confidential. Source: SDC 1939, §43.0319; SL 1939, ch 168, §4; SDC Supp 1960, §57.3709; SL 2014, ch 129, §1.
SD Codified L § 26-6-20.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-20.1 - Definition of terms.

26-6-20.1. Definition of terms.Terms used in §§26-6-20.1 to 26-6-20.10, inclusive, unless the context otherwise requires mean:(1)"Group homes or care centers," facilities licensed pursuant to the provisions of subdivision 26-6-14(1).(2)"Residents," persons committed or cared for in any home, center, or other facility which is subject to the provisions of §§26-6-20.1 to 26-6-20.10, inclusive. Source: SL 1977, ch 279, §1.