reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:13 - Independent living preparation › Section 67:42:13:06 - Supervision requirements

Current through Register Vol. 51, page 10, July 15, 2024
The ILPP must provide supervision for each adolescent. Documentation of
	 supervisory contact must be maintained in each adolescent's case file. At least
	 once every two weeks, the adolescent's supervisor from the ILPP must meet with
	 the adolescent in care. At least once a month, the meeting must take place in
	 the adolescent's residence or living environment. As a result of the meeting,
	 the supervisor must document at least the following:
(1) That there is no reasonable cause to
  believe that the adolescent's residence or life style presents a risk to the
  adolescent's health or safety;
(2)
  That the adolescent is receiving necessary medical care; and
(3) The current treatment program plan
  provides appropriate and sufficient services for the adolescent.
The ILPP must have additional staff available to serve an adolescent in
	 care during emergencies, vacations, illness of the regular staff, and when the
	 regular staff is off duty.
The department may require more supervisory contact if on-site visits
	 indicate a need for more supervision to maintain control and
	 discipline.
General Authority:
SDCL
		26-6-14,
		26-6-16.
Law Implemented:
SDCL
		26-6-14,
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:13 - Independent living preparation › Section 67:42:13:07 - Requirements for off-site living arrangements

Current through Register Vol. 51, page 10, July 15, 2024
No more than four adolescents may be placed together in a living unit
	 unless the living unit is located within a licensed group care center for
	 minors or in a licensed residential treatment center. The placement of
	 adolescents together may not constitute a risk to the health and safety of any
	 of the adolescents. The licensed ILPP shall ensure that adolescents have the
	 necessary household utensils, bedding, bathroom supplies, and cleaning supplies
	 needed to maintain an independent living arrangement. If the living arrangement
	 for an adolescent in an ILPP is a site other than in a licensed group care
	 center for minors or a licensed residential treatment center, the following
	 additional requirements must be met:
(1) The living arrangement must meet local
  zoning ordinances;
(2) No firearm
  or other projectile weapons may be kept on site;
(3) The living arrangement must be equipped
  with a smoke detector on each level of the building. Audible alarm devices must
  be designed and distributed so as to be effectively heard above the maximum
  noise level obtained under normal conditions of occupancy;
(4) The water supply must be derived from a
  public water system and must be safe for household use. The volume of water
  must be sufficient to meet the needs of the residents. The hot water supply
  system must be large enough to meet the peak hot water demands of the
  residents. Hot water from plumbing fixtures may not exceed 120 degrees
  Fahrenheit;
(5) The living
  arrangement must have a working heating system. Unvented fuel-fired room
  heaters may not be used unless the heater is approved by Underwriters
  Laboratories;
(6) The living unit
  must be kept clean, neat, and free of litter and rubbish. Garbage and refuse
  must be kept in durable, easily cleanable containers that do not leak and do
  not absorb liquids. Garbage and refuse must be disposed of often enough to
  prevent the development of odor and the attraction of insects and
  rodents;
(7) The facility must have
  operating hand washing, bathing, and toilet facilities located in the living
  facility; and
(8) The living
  facility must have an operating B-C portable chemical fire extinguisher in the
  cooking area.
General Authority:
SDCL
		26-6-14,
		26-6-16.
Law Implemented:
SDCL
		26-6-14,
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:13 - Independent living preparation › Section 67:42:13:08 - Emergency procedures

Current through Register Vol. 51, page 10, July 15, 2024
Within one week after placement of an adolescent into the independent
	 living preparation program, the ILPP must instruct the adolescent in the proper
	 procedures to be followed in case of an emergency. Evidence that the adolescent
	 has been instructed must be maintained in the adolescent's file. Training must
	 include the following:
(1) The use of
  emergency equipment such as fire extinguishers and smoke detectors;
(2) Evacuation from the living
  facility;
(3) Procedure for
  contacting police, fire, and other emergency personnel;
(4) Fire and accident prevention;
  and
(5) Proper responses to natural
  disasters and to tornado and fire warnings.
General Authority:
SDCL
		26-6-14,
		26-6-16.
Law Implemented:
SDCL
		26-6-14,
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:14 › Section 67:42:14:10

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-14.3,
		26-6-14.4,
		26-6-16,
		26-6-23.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:14 › Section 67:42:14:12

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(1)(3).
Staff training, §
											67:42:14:13.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:14 › Section 67:42:14:14

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16,
		26-8A-3.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:14 › Section 67:42:14:16

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16,
		26-6-20.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:14 › Section 67:42:14:23

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16,
		26-6-20.
Background check, §
											67:42:16:04; 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, SDCL
		26-6-14.10.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Aftercare services," supportive social
  services specified in the treatment plan, provided to the child and the childs
  family after the child returns home, and designed to help the child adjust to
  the nontreatment center environment;
(2) "Emergency safety intervention," the use
  of restraint or seclusion as an immediate response to an emergency safety
  situation;
(3) "Family services,"
  social rehabilitative services to family members to alleviate problems
  specified in the treatment plan to enable the child to return home;
(4) "Intensive residential treatment center,"
  "IRTC," or "facility," a facility licensed by the department to care for not
  less than seven children that provides more intensive and frequent services and
  supervision of children and individualized treatment to prevent runaway
  behavior, rage and physical aggression, and the likelihood of children injuring
  themselves or others;
(5) "Licensed
  practitioner," a licensed physician's assistant, a certified nurse
  practitioner, a licensed psychologist, a licensed social worker, a licensed
  professional counselor, or a qualified mental health professional who meets the
  requirements of SDCL
  27A-1-3;
(6) "Living unit," a grouping in an intensive
  residential treatment center of not more than 12 children. The grouping is
  created by the proximity of the children to each other as determined by their
  living arrangements within the facility or the physical design of the facility
  which allows services and treatment to be provided to the group as a
  unit;
(7) "Personal restraint" or
  "restraint," the application of physical force without the use of any device
  for the purpose of restraining the free movement of a resident's body. The term
  does not include briefly holding a resident without undue force in order to
  calm or comfort the resident or holding a resident's hand for purposes of
  safely escorting the resident from one area to another;
(8) "Program director," the individual
  responsible for developing, implementing, supervising, and monitoring the
  services provided;
(9) "Seclusion,"
  the involuntary confinement of a resident alone in a room or an area from which
  the resident is physically prevented from leaving;
(10) "Transitional services," services
  provided to a child who will be moving from one placement to another to help
  prepare the child for the new placement;
(11) "Treatment plan," a plan that explains
  the child's social, psychological, medical, or economic problems, contains
  solutions to the problems, and describes the necessary steps and schedules to
  resolve the problems; and
(12)
  "Treatment team," a group of individuals that plans, provides, and monitors
  services to a child in care and the childs family.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:02 - Eligibility requirements - IRTC

Current through Register Vol. 51, page 10, July 15, 2024
Before the department licenses an IRTC, the facility must provide
	 documentation to the department that indicates the facility meets the
	 requirements of a psychiatric residential treatment facility for individuals
	 under the age of 21 pursuant to
	 42 C.F.R. §§
										441.150 to
	 441.184, inclusive (October 1,
	 2019) and is accredited either by the Council on Accreditation (COA) in the
	 area of residential treatment services, by the Joint Commission in the area of
	 behavioral health care, or by the Commission of Accreditation of Rehabilitation
	 Facilities (CARF) in the area of behavioral health or child and youth
	 services.
At a minimum, the facility shall provide the following services:
(1) Psychological services;
(2) Treatment planning;
(3) Case management;
(4) Psychiatric services;
(5) Family services;
(6) Transitional services; and
(7) Aftercare services.
If the child is discharged to the childs home, a relatives home, a
	 family foster home, or an adoptive home, the facility shall ensure that
	 aftercare services are provided either directly or through referral for a
	 minimum of 90 days following discharge from the facility at a location agreed
	 to by the family.
General Authority:
SDCL
		26-6-16(1)(6)(11).
Law Implemented:
SDCL
		26-6-16(1)(6)(11).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:02.01 - Licensed practitioner

Current through Register Vol. 51, page 10, July 15, 2024
In any of the federal regulations incorporated under the provisions of
	 this chapter, the term, licensed practitioner, has the meaning specified in
	 §
									67:42:15:01.
The licensed practitioner must meet the education and training
	 requirements established in 42 C.F.R. §
										483.376 (October
	 1, 2006). A licensed practitioner does not include a licensed social work
	 associate.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:03 - Eligibility requirements - Child

Current through Register Vol. 51, page 10, July 15, 2024
A child is eligible for placement in an IRTC if there is written
	 documentation that the child did not respond to treatment in a residential
	 treatment center, was denied placement in a residential treatment center, or
	 left a residential treatment center before completing treatment. In any case,
	 the child must also have a documented, chronic history of high level physical
	 or sexual aggression. The IRTC must maintain the written documentation and make
	 it available to the department on request.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:04 - Staff qualifications - Program director

Current through Register Vol. 51, page 10, July 15, 2024
The program director must have a masters degree in an accredited
	 behavioral or social science area and at least four years of relevant
	 alternative child care experience or a bachelors degree in a behavioral or
	 social science and at least six years of relevant alternative child care
	 experience. The program director may not have on record a substantiated report
	 of child abuse or neglect.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Revocation or refusal to issue or renew license or registration for
		child abuse or violence, SDCL
		26-6-23.1; Screening for
		substantiated reports of abuse and neglect, §
											67:42:01:05.02.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:05 - Staff qualifications - Direct care staff

Current through Register Vol. 51, page 10, July 15, 2024
At least one of every three staff members on duty in each unit of the
	 facility who supervises children in care, provides direct services, or
	 participates in assessment and service planning processes must have a bachelors
	 degree in a behavioral or social science or 48 credit hours of post-high school
	 education and at least one year of experience working with children in a group
	 care setting. The experience must include behavior management and intervention,
	 recreational and therapeutic activities, and participation in the assessment
	 and case planning process. An individual who does not meet these requirements
	 must be under the supervision of a staff member who provides direct care to
	 children and meets the requirements of this section.
The staff member may not have on record a substantiated report of child
	 abuse or neglect.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Revocation or refusal to issue or renew license or registration for
		child abuse or violence, SDCL
		26-6-23.1; Screening for
		substantiated reports of abuse and neglect, §
											67:42:01:05.02.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:06 - Staff qualifications - Case managers

Current through Register Vol. 51, page 10, July 15, 2024
A staff member who provides case management services, including
	 planning, securing, coordinating, and monitoring the services for children in
	 care and their families must have a bachelors degree in an accredited
	 behavioral or social science area or an equivalent combination of education and
	 experience.
The staff member may not have on record a substantiated report of child
	 abuse or neglect.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Revocation or refusal to issue or renew license or registration for
		child abuse or violence, SDCL
		26-6-23.1; Screening for
		substantiated reports of abuse and neglect, §
											67:42:01:05.02.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:07 - Staff qualifications - Counselors and therapists

Current through Register Vol. 51, page 10, July 15, 2024
A staff member who provides counseling or therapy services must have at
	 least a masters degree in social work, counseling, psychology, or other
	 behavioral science, or a bachelors degree in an accredited social or behavioral
	 science and at least three years of experience working with difficult
	 adolescents. The staff member must hold current licensure or certification if
	 such is available in the staff members applicable field of practice. For
	 purposes of this section, counseling and therapy services include individual,
	 group, and family therapy; assessment of the needs of children in care;
	 assessment of the needs of the childrens families; and development, review, and
	 revision of the comprehensive treatment plans.
The staff member may not have on record a substantiated report of child
	 abuse or neglect.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Revocation or refusal to issue or renew license or registration for
		child abuse or violence, SDCL
		26-6-23.1; Screening for
		substantiated reports of abuse and neglect, §
											67:42:01:05.02.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:08 - Caseloads - Limits

Current through Register Vol. 51, page 10, July 15, 2024
The caseload for a fulltime case manager, counselor, or therapist is
	 limited to 12 children. If providing both therapy and case management services,
	 the caseload may not exceed six children. The caseload for a part-time case
	 manager, counselor, or therapist must be reduced proportionately according to
	 the number of hours worked in relation to fulltime staff.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:09 - Treatment team

Current through Register Vol. 51, page 10, July 15, 2024
The facility must establish a treatment team for each child in care.
	 The team must include the following individuals:
(1) The child;
(2) The childs parent or guardian;
(3) Staff from the IRTC, including the childs
  case manager, counselor or therapist, teacher, and psychiatrist;
(4) The psychologist who completed the
  psychological evaluation of the child following admission to the facility;
  and
(5) A staff member from the
  placing agency.
General Authority:
SDCL 26-6-16.
Law Implemented:
SDCL
		26-6-16.
Team developing individual plan of care,
		42 C.F.R. §
												441.156.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:10 - Treatment plan

Current through Register Vol. 51, page 10, July 15, 2024
Within 14 days after admission to the facility, the childs treatment
	 team must develop a written treatment plan for the child. Each team member must
	 sign the plan. The plan must contain the following information:
(1) An assessment of the childs needs,
  strengths, weaknesses, and problems. The assessment must include a diagnostic
  evaluation of the medical, psychological, social, behavioral, and developmental
  needs of the child and reflect the need for intensive residential
  treatment;
(2) Treatment goals for
  the child and the childs family with an integrated program of therapies,
  activities, and experiences designed to meet the goals, and projected times for
  achieving the stated goals;
(3) The
  projected length of stay and the conditions under which the child will be
  discharged; and
(4) A discharge
  plan that meets the requirements of §
									67:42:15:12.
General Authority:
SDCL 26-6-16.
Law Implemented:
SDCL
		26-6-16.
Individual plan of care,
		42 C.F.R. §
												441.155.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:11 - Review and evaluation of treatment plan

Current through Register Vol. 51, page 10, July 15, 2024
When the 30-day review of the child's treatment plan is complete, a
	 progress report must be sent to the child's placement agency. The facility
	 shall send a copy of the monthly report to the child's parent or guardian if
	 the parent or guardian was involved in the child's placement or is actively
	 involved in treatment planning. At least once every three months the treatment
	 plan must be updated. The updated treatment plan must include the progress made
	 toward achieving the goals in the previous plan and any amendments made to the
	 plan. When complete, a copy of the plan amendments must be sent to the child's
	 placement agency and the child's parent or guardian, if applicable. During the
	 month of the quarterly review, the 30-day progress report may be incorporated
	 into the quarterly review and treatment plan amendment.
General Authority:
SDCL 26-6-16.
Law Implemented:
SDCL
		26-6-16.
Individual plan of care,
		42 C.F.R. §
												441.155.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:12 - Discharge plan

Current through Register Vol. 51, page 10, July 15, 2024
The treatment team must establish a discharge plan for the child. The
	 discharge plan must include the following information:
(1) The projected date of
  discharge;
(2) The responsibilities
  of the provider, child, family, and placement agency in the discharge and
  transition process;
(3)
  Transitional services to be provided and by whom;
(4) Crisis and emergency plans;
(5) Links with community resources and
  preparation for how to navigate the adult service system if the child is
  sixteen years of age or older;
(6)
  Aftercare services;
(7) A list of
  responsible persons; and
(8) If the
  child is Native American, involvement of the childs tribe in aftercare
  planning.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:13 - Living units

Current through Register Vol. 51, page 10, July 15, 2024
The facility must provide living units for the children in care. Each
	 unit must have at least one staff member present at all times who is trained in
	 basic first aid and is certified in cardio-pulmonary resuscitation (CPR).
	 Certification in CPR must be through the American Red Cross, the American Heart
	 Association, or another entity that provides hands-on skills testing as part of
	 the training.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:14 - Staff-child ratio

Current through Register Vol. 51, page 10, July 15, 2024
During waking hours and whenever children are present, there must be at
	 least one staff member to supervise every three children or fraction thereof.
	 During sleeping hours, there must be at least one staff member present and
	 awake in each living unit to supervise every six children or fraction
	 thereof.
There must be a minimum of two adults on the grounds at all times.
	 Additional child care staff must be on call. A list of the staff members on
	 call must be posted by the facility's telephone in case of an emergency. The
	 facility must have a written plan to ensure that staff, law enforcement, or
	 appropriate emergency responders are available at the center within a
	 reasonable time in the event of an emergency.
The facility must have an arrangement for employing substitute staff to
	 serve children in emergencies, during vacations or illnesses of regular staff,
	 and during the time when regular staff is off duty.
The facility must provide auxiliary staff members to fulfill the
	 facilitys defined purposes. Auxiliary staff members include individuals such as
	 certified special education teachers, mental health professionals, and physical
	 or occupational therapists.
The department may require a higher adult-child ratio if safety needs
	 or treatment concerns indicate a need for more supervision to maintain control
	 and discipline.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:15 - Orientation training

Current through Register Vol. 51, page 10, July 15, 2024
The facility must have a written plan for orientation training. The
	 orientation course must include the facilitys functions, services, community
	 resources, and specific job functions. The facility may consider the
	 orientation course a part of the required 50 hours of annual training. An
	 employee shall complete an orientation course within one month after the
	 employee is hired.
Supervision of staff members as they perform their routine tasks is not
	 considered training. The facility must document completion of required training
	 and must keep the documentation in the individuals personnel
	 file.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Annual training, §
											67:42:15:16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:16 - Annual training

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have a written plan for annual in-service training.
	 Each staff member providing direct care to children must participate in the
	 training. The written plan must provide for training in the following areas for
	 staff during the first year of employment:
(1) Administrative procedures and overall
  program goals;
(2) Understanding
  children's emotional needs and problems which affect and inhibit their
  growth;
(3) Family relationships
  and the impact of separation;
(4)
  Substance abuse, its recognition, prevention, and treatment;
(5) Identification and reporting of child
  abuse and neglect;
(6) Principles
  and practices of child care;
(7)
  Behavior management techniques;
(8)
  Use of seclusion and personal restraint;
(9) Emergency and safety procedures;
  and
(10) Cultural sensitivity.
Staff must receive training to become certified in basic first aid and
	 cardiopulmonary resuscitation and must maintain certification throughout
	 employment.
For staff beyond the first year of employment, the plan must provide
	 for competency-based training.
The facility shall provide and each staff member shall attend a minimum
	 of 50 clock hours of training annually.
The annual training must include a minimum of five hours of training in
	 a nationally-recognized program of behavior management techniques and personal
	 restraint and five hours of training in the special areas the facility uses to
	 provide services to children, such as sexual perpetration, highly aggressive
	 and assaultive youth, severe emotional disturbance, and lower functioning
	 individuals.
Training must be competency based and the facility must develop and
	 implement a process that demonstrates the effectiveness of the training in
	 providing the knowledge and expertise required.
Supervision of staff members as they perform their routine tasks is not
	 considered training. The facility shall document completion of required
	 training and shall keep the documentation in the individuals personnel
	 file.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:17 - Compliance with chapter 67:42:07

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the rules contained in this chapter, an IRTC must comply
	 with the standards established in §§
									67:42:07:07 to
	 67:42:07:26,
	 inclusive.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:18 - Written policy requirements

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the written policy statements required under the
	 provisions of chapter 67:42:07, the facility must develop written policies in
	 the following areas:
(1)
  Intake;
(2) Treatment;
(3) Discharge;
(4) Confidentiality;
(5) Use of emergency safety intervention, to
  include the phone number and mailing address for the South Dakota Division of
  Child Protection Services and the South Dakota Advocacy Services;
(6) Emergency and safety
  procedures;
(7) Family services;
  and
(8) Aftercare services.
The facility must inform the child's parent or guardian of the
	 facility's policies, including individuals or agencies to whom required reports
	 must be made. The child's parent or guardian must sign and date a statement
	 that lists the specific policies covered as verification that the facility
	 provided the required information. The facility shall make copies of these
	 policies available on request.
General Authority:
SDCL 26-6-16.
Law Implemented:
SDCL
		26-6-16.
Protection of residents -- Emergency safety intervention,
		42 C.F.R. §
												483.354(b).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:19 - Psychiatric services

Current through Register Vol. 51, page 10, July 15, 2024
An intensive residential treatment center shall ensure that a licensed
	 psychiatrist completes a psychiatric assessment of each child in care within
	 fourteen days after the child is placed into the facility. The assessment must
	 include recommendations for other evaluations to be completed on the
	 child.
Each child in care must receive a minimum of two face to face contacts
	 regarding psychiatric services per month to include medication management,
	 training, and therapy, and consultation relating to the childs treatment
	 plan.
A psychiatrist must be available in person or on call at all
	 times.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:20 - Nursing services

Current through Register Vol. 51, page 10, July 15, 2024
A facility must employ a full-time nurse who holds a current license to
	 practice in South Dakota. The facility must ensure that staff and children in
	 care have 24-hour access to medical care provided by the nurse, a back-up
	 nurse, or a hospital emergency room.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Registered and practical nurses, SDCL ch
		36-9.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:23 - Compliance with chapters 67:42:01 and 67:42:11

Current through Register Vol. 51, page 10, July 15, 2024
A facility licensed under the provisions of this chapter must meet the
	 applicable provisions of chapters 67:42:01 and 67:42:11.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Provisions and scope of services, ch 67:42:01; Environmental health
		standards, ch 67:42:11.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:24 - Emergency safety intervention - Face-to-face assessment required

Current through Register Vol. 51, page 10, July 15, 2024
The face-to-face assessment required under the provisions of
	 42 C.F.R. §
										483.358 (f), as amended to
	 January 1, 2007, must be provided by a physician, a licensed practitioner, a
	 registered nurse, or a licensed social work associate who has a bachelor's
	 degree and certification as a trainer in a nationally-recognized program of
	 behavior management personal restraint.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:15 - Intensive residential treatment centers › Section 67:42:15:25 - Emergency safety intervention

Current through Register Vol. 51, page 10, July 15, 2024
A licensed physician, a licensed practitioner, a registered nurse, or a
	 licensed social work associate who has a bachelor's degree and certification as
	 a trainer in a nationally-recognized program of behavior management and
	 personal restraint is authorized to order and monitor the use of personal
	 restraint. The facility shall conduct a review on a random sampling of orders
	 to ensure that each licensed social work associate providing an order meets the
	 requirements of this section.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:16 › Section 67:42:16:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 26-6-16.
Law Implemented:
SDCL
		26-6-16.
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, SDCL 26-6-14.10; Criminal
		background checks, 42 U.S.C
		§
												9858f.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:16 › Section 67:42:16:10

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		25-7A-56,
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:16 › Section 67:42:16:11

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16,
		26-6-23,
		26-6-24.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Applicant," an individual, agency,
  institution, or organization which submits an application for a license or
  registration certificate to the department as provided in this
  chapter;
(2) "Center program,"
  includes day care center as listed in SDCL subdivision 26-6-14(3) and group
  family day care home as listed in SDCL subdivision 26-6-14(5);
(3) "Director," the representative of the
  agency or organization responsible for the center or school-age
  program;
(4) "Family day care," as
  defined in SDCL
  26-6-14.1 and meets the
  registration requirements of SDCL
  26-6-14.2;
(5) "Household member," a person residing in
  a home or facility used for the purpose of providing care and supervision to
  children who may have contact with the children in the facility;
(6) "License," the document described in SDCL
  26-6-15 that certifies a provider
  meets the licensing standards contained in this chapter;
(7) "Medication," a substance intended to
  relieve pain or treat an illness or disease which includes both prescription
  and non-prescription medications;
(8) "Night-time care," care provided for a
  child between the hours of 7:00 p.m. and 6:00 a.m.;
(9) "Parent," a child's natural parent,
  adoptive parent, stepparent, or legal guardian;
(10) "Program employee," an employee who does
  not provide direct care and supervision of children;
(11) "Provider," an individual providing
  direct care and supervision of a child;
(12) "Registration certificate," the document
  described in SDCL
  26-6-15 that certifies a provider
  has met the family day care registration standards; and
(13) "School-age program," a program that
  provides for the care and supervision of children on a regular basis before and
  after regular school hours, which does not exceed four hours daily per child as
  defined in SDCL subdivision 26-6-14(6).
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:02 - Application for license or registration certificate

Current through Register Vol. 51, page 10, July 15, 2024
A center or school-age program shall submit a copy of a building,
	 renovation, or alteration plan. The plan shall be approved by the department
	 prior to submitting an application for licensure.
Initial issuance of a license or registration certificate is based on a
	 review of all requirements.
The applicant shall receive written notice of an approval or denial of
	 licensure or registration within sixty days after submission of a completed
	 application. An application denial notice shall include the reason for the
	 denial.
An applicant may reapply after taking corrective action related to each
	 reason listed in the original denial.
General Authority:
SDCL
		25-7A-56,
		26-6-16.
Law Implemented:
SDCL
		25-7A-56,
		26-6-11,
		26-6-16(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:03 - Inspection

Current through Register Vol. 51, page 10, July 15, 2024
The department shall conduct at least one pre-licensure inspection and
	 one annual unannounced inspection to determine compliance with the licensing
	 requirements.
If the inspection results in a plan of correction, a copy of the plan
	 shall be made available to any individual upon request.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(2)(3)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:04 - Required posting

Current through Register Vol. 51, page 10, July 15, 2024
A provider shall prominently display the department's licensing
	 telephone number and website.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(2)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:05 - Revocation of a license or registration certificate

Current through Register Vol. 51, page 10, July 15, 2024
The department may revoke a license or registration certificate due to
	 noncompliance with a licensing or registration standard by providing a
	 thirty-day written notice to the provider. The thirty-day written notice is not
	 required if the revocation is necessary to prevent danger to the life, health,
	 or safety of a child. The provider may not reapply for a license or
	 registration certificate for at least one year after the date of
	 revocation.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(6)(11).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:06 - Required reporting of an incident or a change in circumstances

Current through Register Vol. 51, page 10, July 15, 2024
A provider shall report to the department within twenty four hours any
	 occurrence of:
(1) A change of address
  or other major change in the operation or ownership of the program;
(2) A change in household size or
  composition;
(3) Damage to or a
  change in the condition of the facility or home;
(4) An investigation of the provider or
  program employee by the division of child protection services or law
  enforcement concerning any allegation of child abuse or neglect or action that
  may prohibit the provider or employee from meeting background check eligibility
  requirements;
(5) Any serious
  injury to a child that requires medical or dental attention; and
(6) The death of a child related to a serious
  injury that occurred on the premises of the child care program.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(2)(3)(6)(11).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:07 - Owner qualifications

Current through Register Vol. 51, page 10, July 15, 2024
The owner of a licensed child care or school-age program shall be at
	 least eighteen years of age.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:08 - Program administrator qualifications

Current through Register Vol. 51, page 10, July 15, 2024
The director or individual responsible for planning and implementing
	 the program in a licensed child care or school-age program shall be at least
	 eighteen years of age and meet one of the following requirements:
(1) Have a bachelor's degree in any of the
  following: early childhood education, elementary education, or the field of
  education or human development;
(2)
  Have a two-year degree in the field of early childhood education;
(3) Have a valid Child Development Associate
  credential or similar credential;
(4) Hold certification in a specific child
  learning philosophy and have at least one year of experience in a child care
  setting;
(5) Have a child
  development technician diploma; or
(6) Have four years of verifiable experience
  in a center or school-age program. The owner and director are responsible for
  the day-to-day operation of the program including supervision of staff and
  compliance with all licensing standards.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(1)(6)(11).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:09 - Provider qualifications

Current through Register Vol. 51, page 10, July 15, 2024
All providers shall be at least eighteen years of age and demonstrate
	 the ability to provide care that attends to the child's physical growth and
	 development and to the physical, emotional, cognitive, and social needs of the
	 child.
When it is reported or observed that a provider or household member has
	 a physical, mental, or emotional condition that could negatively impact a child
	 in care, a licensed physician's statement may be requested.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(1)(6)(11).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:10 - Assistant qualifications - Licensed child care and school-age program

Current through Register Vol. 51, page 10, July 15, 2024
In a licensed child care or school-age program, a provider's assistant
	 shall be at least fourteen years old, may not be left alone with children in
	 care, and may be counted in the staff-child ratio only when they are under the
	 direct supervision of a provider, program director or the individual
	 responsible for planning and implementing the program.
A provider's assistant shall demonstrate the ability to provide care
	 that attends to the child's physical growth and development and to the
	 physical, emotional, cognitive, and social needs of the
	 child.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(1)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:11 - Assistant qualifications - Family day care program

Current through Register Vol. 51, page 10, July 15, 2024
A family day care assistant shall meet the following:
(1) A family day care assistant shall be at
  least fourteen years old;
(2) An
  assistant under the age of eighteen may be included in the adult-child ratio
  only if there is another adult present in the home; and
(3) An assistant who is under the age of
  eighteen may not be left alone on the premises with children in care.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(1)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:12 - Background check

Current through Register Vol. 51, page 10, July 15, 2024
All child care providers, program employees age fourteen and older, and
	 family day care household members who are eighteen years of age and older, are
	 required to meet federal background check requirements. An individual is
	 prohibited from providing care or working in a child care setting if the
	 background check detects any of the following:
(1) A crime that would indicate harmful
  behavior towards children;
(2) A
  crime of violence as defined by SDCL
  22-1-2 or a similar statute from
  another state;
(3) A sex crime
  pursuant to SDCL chapters 22-22 or 22-24 A or SDCL
  22-22A-3 or similar statutes from
  another state;
(4) A felony
  conviction for domestic abuse, physical assault or battery, kidnapping or
  arson;
(5) Within the preceding
  five years, a conviction for any other felony; or
(6) A substantiated report of child abuse or
  neglect.
A family day care provider is prohibited from providing care in their
	 home if any household member's background check detects any of the items listed
	 above.
A background check is required at least once during every five-year
	 period following the initial submission.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(6)(10),
		26-6-23.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:13 - Notice to provider

Current through Register Vol. 51, page 10, July 15, 2024
The department shall notify the program or family day care provider of
	 an individual's eligibility for employment upon completion of a background
	 check or if the department is notified or discovers a current provider or staff
	 is ineligible. The notification must include guidance regarding the appeal
	 process.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(1)(3).