reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-310 - Hearing and order.

26-5B-310. Hearing and order.
(a) Unless the court issues a temporary emergency order pursuant to §26-5B-204, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(1)The child-custody determination has not been registered and confirmed under §26-5B-305 and that:
(A)The issuing court did not have jurisdiction under Article 2;
(B)The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2; or
(C)The respondent was entitled to notice, but notice was not given in accordance with the standards of §26-5B-108, in the proceedings before the court that issued the order for which enforcement is sought; or
(2)The child-custody determination for which enforcement is sought was registered and confirmed under §26-5B-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2.
(b) The court shall award the fees, costs, and expenses authorized under §26-5B-312 and may grant additional relief, including a request for the assistance of law enforcement officers, and set a further hearing to determine whether additional relief is appropriate.
(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this article.
Source:
SL 2005, ch 137, §32.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-311 - Warrant to take physical custody of child.

26-5B-311. Warrant to take physical custody of child.
(a) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.
(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by §26-5B-308(b).
(c) A warrant to take physical custody of a child must:
(1)Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(2)Direct law enforcement officers to take physical custody of the child immediately; and
(3)Provide for the placement of the child pending final relief.
(d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
Source:
SL 2005, ch 137, §33.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-312 - Costs, fees, and expenses.

26-5B-312. Costs, fees, and expenses.
(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.
Source:
SL 2005, ch 137, §34.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-313 - Recognition and enforcement.

26-5B-313. Recognition and enforcement.
A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2.
Source:
SL 2005, ch 137, §35.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-314 - Appeals.

26-5B-314. Appeals.
An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under §26-5B-204, the enforcing court may not stay an order enforcing a child-custody determination pending appeal.
Source:
SL 2005, ch 137, §36.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-315 - Role of prosecutor or public official.

26-5B-315. Role of prosecutor or public official.
(a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under this article or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child-custody determination if there is:
(1)An existing child-custody determination;
(2)A request to do so from a court in a pending child-custody proceeding;
(3)A reasonable belief that a criminal statute has been violated; or
(4)A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(b) A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party.
Source:
SL 2005, ch 137, §37.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-316 - Role of law enforcement.

26-5B-316. Role of law enforcement.
At the request of a prosecutor or other appropriate public official acting under §26-5B-315, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public official with responsibilities under §26-5B-315.
Source:
SL 2005, ch 137, §38.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-317 - Costs and expenses.

26-5B-317. Costs and expenses.
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under §26-5B-315 or 26-5B-316.
Source:
SL 2005, ch 137, §39.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-401 - Application and construction.

26-5B-401. Application and construction.
In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source:
SL 2005, ch 137, §40.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-402 - Severability clause.

26-5B-402. Severability clause.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source:
SL 2005, ch 137, §41.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-405 - Transitional provision.

26-5B-405. Transitional provision.
A motion or other request for relief made in a child-custody proceeding or to enforce a child-custody determination which was commenced before July1, 2005, is governed by the law in effect at the time the motion or other request was made.
Source:
SL 2005, ch 137, §44.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-1 - Agencies and institutions defined as child welfare agencies--Department of Social Services.

26-6-1. Agencies and institutions defined as child welfare agencies--Department of Social Services.
Any agency or institution maintained by a municipality or county, or any agency or institution maintained by a person, firm, limited liability company, corporation, association, or organization to receive children for care and maintenance or for placement in a family home, or that provides care for mothers and their children, is considered to be a child welfare agency. The Department of Social Services is a child welfare agency.
Source:
SL 1939, ch 168, §1; SDC Supp 1960, §55.3706; SL 1965, ch 248, §1; SL 1985, ch 211, §1; SL 1994, ch 351, §46.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-1.1 - Chapter not applicable to day care services provided by school board for children of enrolled students.

26-6-1.1. Chapter not applicable to day care services provided by school board for children of enrolled students.
Nothing in this chapter applies to day care services provided by any school board for the children of enrolled students.
Source:
SL 1989, ch 138, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-1.2 - Definitions.

26-6-1.2  .  Definitions.
Terms used in this chapter mean:
(1) "Shelter care facility," a group care center that provides short-term, full-time care for children often placed under emergency conditions;
(2) "Records," reports prepared or received by any staff of a licensed shelter care facility, group care center, residential treatment center, intensive residential treatment center, or independent living preparation program.
Source:  SL 2020, ch 107, § 1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-6.1 - Continuing foster care to age twenty-one.

26-6-6.1. Continuing foster care to age twenty-one.
Notwithstanding the provisions of §§26-1-1 and 26-7A-101, any child welfare agency, including the Department of Social Services, may continue to provide foster care for a person over the age of majority but less than twenty-one years of age if the person was in foster care immediately prior to reaching the age of majority and has not yet completed the twelfth grade of school or is in a continuing course of remedial treatment and if the person consents in writing to continued foster care.
Source:
SL 1973, ch 167; SL 1991, ch 217, §171.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-8 - License required to place child for adoption--Relatives and guardian excepted.

26-6-8. License required to place child for adoption--Relatives and guardian excepted.
No person other than the parents, guardian, or relatives within the second degree, and no firm, limited liability company, corporation, association, or organization other than a licensed child welfare agency, or the Department of Social Services, may place any child in the control and care of any person or place such child for adoption.
Source:
SL 1939, ch 168, §7; SDC Supp 1960, §55.3712; SL 1994, ch 351, §47.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-9 - License or registration required for child care or placement by public or private agency--Waiver violation as misdemeanor.

26-6-9. License or registration required for child care or placement by public or private agency--Waiver violation as misdemeanor.
No person, firm, limited liability company, corporation, association, organization, municipality, or county, other than the Department of Social Services, may establish or maintain a child welfare agency or receive children for care or for placement in a family home unless licensed pursuant to §26-6-14 or registered pursuant to §26-6-14.2 to do so by the Department of Social Services. The department, upon request, may waive licensure for activities set out in §26-6-14 for any facility that would otherwise be required to be licensed by the department as a child welfare agency if the requesting agency is similarly regulated by another state agency. Before the department may consider or grant a waiver of licensure for activities set out in §26-6-14, the agency requesting waiver of licensure shall provide the department with appropriate documentation of current and valid approval by the appropriate state regulatory agency. Submission of false or fraudulent licensure information or documentation to the department or any violation of this section is a Class 2 misdemeanor.
Source:
SL 1939, ch 168, §§3, 13; SDC Supp 1960, §§55.3708, 55.9936; SL 1979, ch 170, §1; SL 1994, ch 351, §48; SL 1995, ch 147, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-11 - Application for license--Investigation--Issuance--Conditions--Records--Public inspection.

26-6-11. Application for license--Investigation--Issuance--Conditions--Records--Public inspection.
Applications for the license required by this chapter shall be made in the manner prescribed and on forms provided by the Department of Social Services. Before issuing the license the department shall investigate the activities and standards of care of the agency. A license shall be issued if the department is satisfied as to the need for the agency, its financial stability, the good character and intent of the applicant, and that the equipment of the agency and its services are conducive to the welfare of the children. Such license shall be conditioned on the granting of access to the premises described on the license to the Department of Social Services for visitation and inspection, at any reasonable time. In cases of suspected child abuse or neglect, unrestricted access shall be allowed at any time. The final reports of inspections required by this chapter shall be kept on file by the Department of Social Services and shall be open to public inspection.
Source:
SL 1939, ch 168, §3; SDC Supp 1960, §55.3708; SL 1985, ch 211, §7.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-12 - Provisional license authorized.

26-6-12. Provisional license authorized.
A provisional license may be issued to any agency whose services are needed but which is temporarily unable to conform to all the provisions of the established standards of care. No provisional license may be issued for more than three consecutive years.
Source:
SL 1939, ch 168, §3; SDC Supp 1960, §55.3708; SL 2000, ch 120, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-13 - Duration of licenses--Suspension or revocation--Assignment prohibited--Display or availability for inspection.

26-6-13. Duration of licenses--Suspension or revocation--Assignment prohibited--Display or availability for inspection.
A license for child welfare agency activities under subdivisions 26-6-14(3), (6), and (7) shall remain in effect until revoked or suspended. Any other license under this chapter is effective for one year from the date of issuance and shall be renewed annually on application of the agency. A license may be suspended or revoked pursuant to this chapter. No license issued under this chapter may be assigned or transferred, and the license applies only to the licensee and the location stated in the application. The license remains the property of the Department of Social Services. The license shall be publicly displayed, except in a family foster home, which shall have its license available for inspection.
Source:
SL 1939, ch 168, §3; SDC Supp 1960, §55.3708; SL 1985, ch 211, §8; SL 2000, ch 120, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-14 - Categories of child welfare agency licenses.

26-6-14. Categories of child welfare agency licenses.
A child welfare agency shall be licensed, pursuant to the provisions of this chapter, for activities which fall within one or more of the following categories:
(1)The providing of group care, maintenance, supervision, and protection of children on a regular full-time basis as a substitute for regular parental care, with or without compensation, in a nonfamily group setting, which shall be known as an intensive residential treatment center, a residential treatment center, a group care center, or as a group home as each is defined by standards established pursuant to the provisions of §26-6-16;
(2)The providing of care, maintenance, supervision, and protection of a child, or children, as a substitute for regular parental care, without transfer of legal custody or placement for adoption, with or without compensation, on a regular full-time basis in a family home, which shall be known as a foster home;
(3)The providing of group care and supervision of children on a regular basis for part of a day as a supplement to regular parental care, with or without compensation, for twenty-one or more children, including children under the age of six living in the home and children from more than one unrelated family received for day care, in any facility, including a family home, which shall be known as a day care center;
(4)The receiving and placement of children in foster homes or for adoption, with or without compensation, as a regular activity of any agency formed for such purpose, or the performance of such services as an adjunct to other regular activities, which shall be known as a child-placement agency;
(5)The providing of group care and supervision of children on a regular basis for part of a day as a supplement to regular parental care, with or without compensation, for thirteen to twenty children, including children under the age of six living in the home and children from more than one unrelated family received for day care, in any facility, including a family home, which shall be known as a group family day care home;
(6)The providing of care and supervision of children on a regular basis before and after regular school hours which does not exceed four hours daily per child, which shall be known as a before and after school day care program;
(7)The providing of supervision and training in self-sufficiency and responsible independent living for youth aged sixteen through twenty years of age who are wards of the state, which shall be known as an independent living preparation program.
Source:
SDC Supp 1960, §55.3706 as added by SL 1965, ch 248, §1; SL 1972, ch 152; SL 1979, ch 170, §2; SL 1982, ch 198; SL 1988, ch 207, §§3, 4; SL 1988, ch 209, §1; SL 1989, ch 139, §2; SL 1993, ch 196; SL 2005, ch 138, §1; SL 2015, ch 150, §2.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-20.2 - Separation of residents' moneys required of homes and centers.

26-6-20.2. Separation of residents' moneys required of homes and centers.
Every group home or care center, which holds moneys and funds of residents of such home, or center, shall keep such moneys and funds separate, intact, and free from any liability which the facility incurs.
Source:
SL 1977, ch 279, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-20.3 - Demand trust account deposit of moneys not kept in center--Deposit with state treasurer by public agency.

26-6-20.3. Demand trust account deposit of moneys not kept in center--Deposit with state treasurer by public agency.
Residents' moneys not kept in the center, home, or facility, shall be deposited in a demand trust account in a local bank authorized to do business in South Dakota, except, however, that a public agency which is subject to §§26-6-20.1 to 26-6-20.10, inclusive, shall deposit such funds with the state treasurer in the appropriate trust and agency account for the facility.
Source:
SL 1977, ch 279, §5.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-20.4 - Deposit of money for resident when over specified amount.

26-6-20.4. Deposit of money for resident when over specified amount.
If the amount of money entrusted to a home, center, or facility covered pursuant to the provisions of §§26-6-20.1 to 26-6-20.10, inclusive, exceeds the amount of sixty dollars for any resident, any money in excess of that amount shall be deposited in a demand trust account pursuant to the provisions of §26-6-20.3.
Source:
SL 1977, ch 279, §4; SL 2015, ch 150, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-20.5 - Surety bond required of facility handling more than specified monthly amount--Bond amount.

26-6-20.5. Surety bond required of facility handling more than specified monthly amount--Bond amount.
Each group home or care center, covered by §§26-6-20.1 to 26-6-20.10, inclusive, which is handling or will handle money on a monthly basis of over fifty dollars per resident per month, or over five hundred dollars for all residents per month, shall file with the agency licensing the facility, a surety bond in the following amounts; if the amount to be handled is seven hundred fifty dollars per month or less the bond required shall be one thousand dollars, if the amount to be handled is seven hundred fifty one dollars to one thousand five hundred dollars the bond required shall be two thousand dollars and if the amount to be handled is one thousand five hundred one dollars to two thousand five hundred dollars the bond required shall be three thousand dollars. Every further increment of one thousand dollars or fraction thereof shall require an additional one thousand dollars on the bond.
Source:
SL 1977, ch 279, §9.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-20.6 - Safeguards and records required of facilities.

26-6-20.6. Safeguards and records required of facilities.
Every group home or care center, or other facility covered by the provisions of §§26-6-20.1 to 26-6-20.10, inclusive, shall, in addition to the requirements of §26-6-20.2, maintain adequate safeguards and accurate records of residents' moneys and funds which are entrusted to their care. These safeguards and records shall include, but not be limited to, the following:
(1)Records of residents' moneys which are maintained as a trust account shall include a control account for all the receipts and expenditures, an account for each resident and supporting vouchers filed in chronological order. Each account shall be kept current with columns for debits, credits and balance.
(2)Records of residents' moneys and funds entrusted to the home, or facility for safekeeping, shall include a copy of the receipt furnished to the resident or to the person or agency responsible for the resident.
Source:
SL 1977, ch 279, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-20.7 - Public audit of records.

26-6-20.7. Public audit of records.
Records which are maintained pursuant to §§26-6-20.1 to 26-6-20.10, inclusive, to account for residents' funds and valuables, shall be made available to a public audit of the home, center, or other facility, which is required to keep and maintain the same.
Source:
SL 1977, ch 279, §7.