reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:07 - Group care centers for minors › Section 67:42:07:11 - Fire and health inspections

Current through Register Vol. 51, page 10, July 15, 2024
The facility must meet the applicable environmental health standards in
	 chapter 67:42:11. The Department of Public Safety, the city fire inspection
	 authority, or the city health inspection authority must inspect the physical
	 condition of the facility before initial licensing and each year thereafter for
	 renewal of the license. Based on the results of the inspection, the department
	 may require the facility to either submit a plan of correction or comply with
	 the inspector's recommendation. Failure to submit or follow a plan of
	 correction or comply with the inspector's recommendation shall result in
	 revocation of an existing license, denial of a request for a new license, or
	 denial of a request to renew an existing license. The facility must have a
	 written, posted fire escape plan and must conduct a minimum of four fire drills
	 a year.
General Authority:
SDCL
		26-6-16(2).
Law Implemented:
SDCL
		26-6-16(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:07 - Group care centers for minors › Section 67:42:07:11.01 - Building plans

Current through Register Vol. 51, page 10, July 15, 2024
Before building a new facility or renovating or altering an existing
	 facility, the facility must submit a copy of the proposed building, renovation,
	 or alteration plan to the department for review. The plan must indicate the
	 interior dimensions of each room and the intended use of the room, the location
	 of the fixtures in each bathroom, and the location of the appliances and
	 fixtures for the kitchen. Indoor and outdoor play space must be
	 identified.
General Authority:
SDCL
		26-6-16(6).
Law Implemented:
SDCL
		26-6-16(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:07 - Group care centers for minors › Section 67:42:07:12 - Sleeping space

Current through Register Vol. 51, page 10, July 15, 2024
A facility that cares for both genders shall provide for the separation
	 of the genders during sleeping hours for children over age six and shall
	 provide for the monitoring of all sleeping children. The facility shall provide
	 each child with an individual bed and individual storage space for personal
	 belongings including space for clothing and individual items required to meet
	 the child's day-to-day living needs. Bed linens, blankets, and pillows must be
	 provided for all children.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Staff-child ratio, §
											67:42:07:03.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:07 - Group care centers for minors › Section 67:42:07:13 - Nutrition requirements

Current through Register Vol. 51, page 10, July 15, 2024
A group care center shall provide a child in care with at least three
	 meals a day. The meals must be of sufficient quantity to meet the child's
	 nutritional needs. The group care center must adhere to special diets
	 prescribed for the child by a physician or dietitian.
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 67:42:07 - Group care centers for minors › Section 67:42:07:14 - Volunteers

Current through Register Vol. 51, page 10, July 15, 2024
A facility that regularly uses volunteers to work directly with
	 children in care shall meet the following requirements:
(1) The facility must have a written
  description of duties and specific responsibilities for volunteer
  positions;
(2) The facility must
  have at least three references for each volunteer. The references may not be
  related to the volunteer. References must reflect positively on the volunteer
  and the provider must check the references before the volunteer performs
  services. The provider shall document the contacts with the references.
  Documentation must be in the form of a written letter or documented
  conversation;
(3) The facility
  shall designate a staff member to supervise and evaluate volunteers;
(4) The facility shall develop a written plan
  for the orientation and training of volunteers in the purpose of the facility's
  treatment program and the needs of the children in care;
(5) The facility shall ensure that volunteers
  who work 30 or more hours per week or who are used to meet the required
  staff-child ratio to meet the training requirements of §
									67:42:07:04;
(6) The facility shall inform the volunteers
  of their obligation to report and the method of reporting suspected child abuse
  and neglect; and
(7) The facility
  shall screen each volunteer applicant's name for substantiated reports of child
  abuse and neglect before the volunteer performs services to children. A
  volunteer 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.
Staff-child ratio, §
											67:42:07:03.; Persons required to
		report child abuse or neglected child -- Intentional failure as misdemeanor,
		SDCL 26-8A-3; Oral report of abuse or
		neglect -- To whom made -- Response report, SDCL
		26-8A-8; Revocation or refusal to
		issue or renew license or registration for child abuse or violence, SDCL
		26-6-23.1; Screening for
		substantiated reports of abuse and neglect, §
											67:42:01:05.02; Issuance of child
		welfare license -- Criminal record of applicant to be secured -- Waiver by
		applicant -- When application denied, SDCL
		26-6-14.3; Persons to whom
		criminal record requirement applies, SDCL
		26-6-14.4; Waiver, fingerprinting
		and declaration as condition of employment -- Time -- Immediate termination of
		employee, SDCL
		26-6-14.5.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:07 - Group care centers for minors › Section 67:42:07:15 - Staff responsibility for reporting suspected in-house incidents of child abuse or neglect

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall require each staff member to read and sign a
	 statement which defines child abuse and neglect and outlines the staff member's
	 responsibility to report all incidents of child abuse or neglect according to
	 state law. In addition to complying with SDCL
	 26-8A-3 and
	 26-8A-8, each staff member shall
	 immediately report any suspected incident of child abuse or neglect to the
	 executive director or the director's designee. The executive director or the
	 designee shall immediately report any suspected or alleged in-house incident of
	 child abuse or neglect to the department and cooperate fully in the
	 investigation of any incident.
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 67:42:07 - Group care centers for minors › Section 67:42:07:15.01 - Resident and family grievance procedures

Current through Register Vol. 51, page 10, July 15, 2024
The facility must develop and follow a written grievance procedure
	 allowing a resident, the residents parent or legal representative, a guardian,
	 facility staff, or a concerned person in the residents life to make a formal
	 complaint related to the quality of care of the resident in the facility. The
	 facilitys staff must not attempt to influence the residents statement about the
	 facility when submitting the grievance or while the grievance is being
	 resolved. At a minimum, the written grievance procedure must require
	 that:
(1) The facility must inform the
  resident and the residents parent or guardian of the facility's grievance
  policy, including the procedure for filing a grievance and to whom a grievance
  must be made. The resident and the residents parent or guardian must sign and
  date a statement to verify the facility explained the grievance policy. The
  facility must make copies of the policy available upon request;
(2) The facility must provide the person
  wanting to make a grievance the necessary forms and assist them in filing upon
  grievance;
(3) The facility must
  identify the person who is authorized to accept and resolve a
  grievance;
(4) The facility must,
  upon request, allow for the resolution of the grievance to be appealed to the
  highest level of administration of the facility;
(5) A person who reports a grievance must not
  be subject to adverse action by the facility as a result of filing the
  grievance; and
(6) A person filing
  a grievance must receive an initial response within five days.
The facility must document the grievance filed along with the actions
	 taken by the facility to resolve the grievance. Information regarding the
	 grievance must be kept for two years.
General Authority:
SDCL
		26-6-16(1)(2)(6).
Law Implemented:
SDCL
		26-6-16(1)(2)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:07 - Group care centers for minors › Section 67:42:07:16 - Facility procedures for handling suspected in-house child abuse

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have written procedures for handling suspected
	 in-house child abuse. The procedures must include at least the
	 following:
(1) A procedure for
  ensuring that the alleged incident could not recur while awaiting the official
  investigation by the department or law enforcement;
(2) A procedure for evaluating the continued
  employability of any staff member determined to be involved in an incident of
  child abuse.
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 67:42:07 - Group care centers for minors › Section 67:42:07:17 - Interstate placement of children

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall notify the department's interstate compact
	 administrator before accepting an out-of-state child for placement in South
	 Dakota.
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 67:42:07 - Group care centers for minors › Section 67:42:07:18 - Written policy on discipline

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall establish and follow a written policy regarding
	 discipline, behavior support, and intervention that must be made known to all
	 children, families, guardians, staff, and placing agencies. This policy must
	 encourage and support the positive development of children, nurture a culture
	 of respect and safety, and emphasize proactive and preventive intervention. The
	 policy must prohibit corporal punishment and methods that cause physical
	 discomfort; chemical, mechanical, or peer restraint; denial or deprivation of
	 sleep, nutrition, access to bathroom facilities, or family visits; verbal
	 abuse, ridicule, or humiliation; shaming or sarcasm; group punishment; and
	 impingements on the basic rights of children to care, protection, safety, and
	 security.
Children may not discipline other residents.
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 67:42:07 - Group care centers for minors › Section 67:42:07:19 - Written procedures for medication administration

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall establish and follow written procedures for the
	 storage and administration of medication. These procedures must be given to all
	 staff members responsible for administering medication and must include the
	 following:
(1) Conditions under which
  medications may be given;
(2)
  Procedures for documenting the administration of medication;
(3) Procedures for immediately notifying the
  facility's nurse in cases of medication errors or drug reactions. The nurse
  shall assess the situation and determine whether there is a need to report the
  incident to the attending physician; and
(4) Procedures for evaluating and recording
  each child's reactions to prescribed medication.
A nurse licensed under the provisions of SDCL chapter 36-9 is
	 responsible for the administration of medications. The nurse may delegate the
	 administration of medications to unlicensed assistive personnel only if the
	 requirements of chapter 20:48:04.01 are met.
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 67:42:07 - Group care centers for minors › Section 67:42:07:20 - Psychotropic medications

Current through Register Vol. 51, page 10, July 15, 2024
The facility may provide psychotropic medications to a child only as
	 prescribed by the physician responsible for the diagnosis, treatment, and
	 therapeutic planning for the child; a certified nurse practitioner in
	 collaboration with the physician; or a physician's assistant supervised by the
	 physician.
The facility shall obtain from the prescribing physician, certified
	 nurse practitioner, or physician's assistant a written report at least every 90
	 days detailing the reasons the psychotropic medication is being continued,
	 discontinued, or changed, as well as any recommended changes in the treatment
	 goals and plan. The prescribing physician, certified nurse practitioner, or
	 physician's assistant must base the report on their actual observation of the
	 child as well as a review of the child's records.
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 67:42:07 - Group care centers for minors › Section 67:42:07:22 - Required medication records

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall develop and follow a written medication schedule for
	 each child receiving medication. The schedule shall be used by the staff member
	 administering medication. The schedule shall be a part of the child's medical
	 record and shall contain the following information:
(1) Name of child;
(2) Name of prescribing physician or
  psychiatrist;
(3) Telephone number
  at which the prescribing physician or psychiatrist can be reached in case of
  medical emergency;
(4) Date on
  which medication is prescribed;
(5)
  Name of medication;
(6) Dosage of
  medication;
(7) When medication is
  to be administered;
(8) Date
  medication will be reviewed; and
(9) Chart showing the date, time, amount, and
  signature of person administering each dosage of medication.
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 67:42:07 - Group care centers for minors › Section 67:42:07:23 - Medication control

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall keep all medications in a locked cabinet. The
	 facility may not permit medication prescribed for one child to be given to
	 another child. The facility shall maintain a central registry of usage of
	 psychotropic medications with entries made the same day the medication is
	 administered.
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 67:42:07 - Group care centers for minors › Section 67:42:07:24 - Use of seclusion and restraint to be approved by child placement agency - Required documentation

Current through Register Vol. 51, page 10, July 15, 2024
A facility may not place a child in seclusion or restraint unless the
	 child placement agency has given the facility permission and the use of
	 seclusion or restraint has been incorporated into the child's treatment plan.
	 If a child has been placed in the facility by the child's parent or guardian,
	 the parent or guardian must approve the use of seclusion or restraint.
If a child is placed in seclusion or restraint, the facility must
	 document the reasons for the placement, the duration of the placement, and the
	 child's reactions to the placement. This documentation must become a part of
	 the child's record.
A shelter care facility may not use locked seclusion.
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 67:42:07 - Group care centers for minors › Section 67:42:07:25 - Physical requirements for room used for seclusion

Current through Register Vol. 51, page 10, July 15, 2024
A room used exclusively for seclusion must be designed and constructed
	 to ensure the health, safety, and well-being of children placed in seclusion.
	 The floor space may be not less than 54 square feet with a ceiling height of
	 not less than 8 feet. The floor and wall coverings, as well as any contents of
	 the room, must have a one-hour fire rating and may not produce toxic fumes if
	 burned. The walls must be kept completely free of objects. A lighting fixture,
	 equipped with a minimum of a 75-watt bulb, must be screened or designed and
	 installed to prevent tampering by an occupant of the room used for seclusion.
	 If a locking mechanism is used for the room, it must be designed to be
	 fail-safe and tied into the fire-alarm system to release when the alarm is
	 activated or when there is a loss of power to the fire alarm panel. The door
	 must be equipped with a window mounted in a manner that allows inspection of
	 the entire room. Glass must be impact-resistant and shatterproof. The room must
	 be ventilated by either natural or mechanical means.
The department may waive the space requirements for rooms used for
	 seclusion that were in existence before July 25, 1985, if the rooms meet all
	 other requirements in 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 67:42:07 - Group care centers for minors › Section 67:42:07:26 - Staff person to monitor seclusion room

Current through Register Vol. 51, page 10, July 15, 2024
A facility that uses seclusion shall provide a staff person to
	 continuously observe and monitor a child who has been placed in a room for
	 purposes of seclusion to evaluate the child's physical and psychological
	 well-being. The staff person shall ensure the following:
(1) That a child placed in seclusion does not
  inflict self-injury;
(2) That the
  observation is documented and signed and becomes a part of the child's
  record;
(3) That the personal needs
  of the child are met, including prompt access to washroom facilities;
(4) That the child receives all meals
  provided to other children in care; and
(5) If necessary to ensure the safety of the
  child, the staff person is physically present in the seclusion room to assist
  the child in controlling behavior.
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 67:42:07 - Group care centers for minors › Section 67:42:07:27 - Placement in seclusion or restraint - Limits

Current through Register Vol. 51, page 10, July 15, 2024
If a child is aged nine to 17, the child may not be placed in seclusion
	 or restraint for more than two consecutive hours. If a child is under age nine,
	 the child may not be placed in seclusion or restraint for more than one hour.
	 If a child has been in seclusion or restraint for the maximum time allowed, the
	 program director or the director's designee shall immediately hold a conference
	 with the staff members involved in placing and monitoring the child in
	 seclusion or restraint and a representative of the child placement agency or
	 the child's parent or guardian if a placement agency is not involved. They
	 shall review the appropriateness of the treatment plan and whether the child's
	 needs will be met by continued placement in the facility.
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 67:42:07 - Group care centers for minors › Section 67:42:07:28 - Review and evaluation of treatment plan

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall provide for the review, evaluation, and updating of
	 the child's treatment plan at least every three months. The updated plan must
	 include the progress made toward achieving the goals established in the
	 previous plan and any amendments made to the plan. A monthly report on the
	 child's progress must be submitted to the 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 the treatment planning. The treatment plan and progress reports
	 must become a part of the child's record. During the month of the quarterly
	 treatment plan review, the 30-day progress report may be incorporated into the
	 quarterly review and treatment plan amendment. A case record must be maintained
	 on each child according to §
									67:42:01:21. The facility shall
	 secure records against loss, tampering, or unauthorized use.
A shelter care facility shall write a summary report of the care
	 received by the child including any observations of the child's behavior
	 patterns or special needs of the child. This report must be submitted to the
	 child placement agency upon the discharge of the child.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Treatment plan, §
											67:42:07:05.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:07 - Group care centers for minors › Section 67:42:07:29 - Written policy requirements

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall develop written policies in the following
	 areas:
(1) Intake;
(2) Treatment;
(3) Discharge;
(4) Discipline;
(5) Confidentiality;
(6) Reporting suspected child abuse and
  neglect within the facility;
(7)
  Use of seclusion and personal restraint, if used by the facility;
(8) Health care of children;
(9) Emergency and safety procedures;
  and
(10) Reasonable and prudent
  parent standard.
The facility must inform the child's parent or guardian of these
	 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(6).
Law Implemented:
SDCL
		26-6-16(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:08 - Residential treatment centers › Section 67:42:08:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "After-care services," supportive social
  services, as specified in the treatment plan, for the family after the child
  has returned home;
(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 a child to return to the child's own home;
(4) "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;
(5) "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;
(6) "Program director," the individual
  responsible for developing, implementing, supervising, and monitoring the
  services provided;
(7) "Residential
  treatment center," a facility licensed to care for not less than seven children
  who have behavioral or emotional problems requiring intensive professional
  assistance and therapy in a highly structured, self-contained environment;
  and
(8) "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.
General Authority:
SDCL
		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 67:42:08 - Residential treatment centers › Section 67:42:08:01.01 - Eligibility requirements - Residential treatment center

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements contained in this chapter, a
	 residential treatment center must meet the requirements of
	 42 C.F.R. §§
										441.150 to
	 441.184, inclusive (October 1,
	 2019) for a psychiatric residential treatment facility for individuals under
	 the age of 21.
General Authority:
SDCL
		26-6-16(2)(6)(11).
Law Implemented:
SDCL
		26-6-16(2)(6)(11).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:08 - Residential treatment centers › Section 67:42:08:01.02 - 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
	 §
									67:42:08:01.
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 67:42:08 - Residential treatment centers › Section 67:42:08:02 - Qualifications for program director

Current through Register Vol. 51, page 10, July 15, 2024
The program director of the residential treatment center must have a
	 master's degree in an accredited behavioral or social science area and at least
	 two years of relevant alternative child care experience or a bachelor's degree
	 in an accredited behavioral or social science area and four 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 67:42:08 - Residential treatment centers › Section 67:42:08:03 - Staff-child ratio

Current through Register Vol. 51, page 10, July 15, 2024
Child care staff must be employed to maintain daily living conditions
	 for all children in care. There must be at least one staff member to supervise
	 each 6 children or fraction thereof during waking hours whenever children are
	 present. During sleeping hours, there must be at least one staff member present
	 and awake in each separate sleeping unit to supervise children, but not less
	 than one staff member for each 12 children or fraction thereof in the building.
	 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. Arrangements must be made for employing substitute
	 staff to serve children in emergencies, during vacations or illness of regular
	 staff, and during the time when regular staff is off duty. Auxiliary staff
	 members, such as certified special education teachers, mental health
	 professionals, and physical or occupational therapists, must be provided
	 according to the defined purposes of the center.
The department may require a higher adult-child ratio if on-site visits
	 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 67:42:08 - Residential treatment centers › Section 67:42:08:04 - Orientation and in-service training

Current through Register Vol. 51, page 10, July 15, 2024
Orientation and in-service training must be provided according to
	 §
									67:42:07:04, except each direct
	 child care staff member in a residential treatment center shall participate in
	 a minimum of 40 clock hours of planned in-service training
	 annually.
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 67:42:08 - Residential treatment centers › Section 67:42:08:05 - Treatment plan

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall develop a written treatment plan for each child in
	 care within 14 days after the date of admission. The development of the
	 treatment plan must involve the child in care; the facility staff working with
	 the child, including members of the treatment team required by
	 42 C.F.R. §
										441.156, effective October 1, 2007; the
	 placement agency; and if appropriate, the parent or guardian. The treatment
	 plan must be signed by each of the individuals involved in development of the
	 plan and, in addition to the requirements contained in
	 42 C.F.R. §
										441.155, must include an assessment of the
	 child's needs and strength; treatment goals for the child and the child's
	 family with an integrated program of therapies, activities, and experiences
	 designed to meet the goals; projected times for achieving the stated goals; the
	 projected length of stay; the conditions under which the child will be
	 discharged; and 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; Protection of residents -- Emergency
		safety intervention, 42
		C.F.R. §
												483.356
		(b).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:08 - Residential treatment centers › Section 67:42:08:06 - 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, residential
	 treatment centers shall comply with the standards as set forth in §§
									67:42:07:07 to
	 67:42:07:26,
	 inclusive.
General Authority:
SDCL
		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 67:42:08 - Residential treatment centers › Section 67:42:08:07 - Review and evaluation of treatment plan

Current through Register Vol. 51, page 10, July 15, 2024
A case record must be maintained on each child according to §
									67:42:01:21. The facility must
	 secure the records against loss, tampering, or unauthorized use.
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 parent, 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.
Treatment plan, §
											67:42:08:05; Individual plan of
		care -- Required 30-day review,
		42 C.F.R. §
												441.155
		(c).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:08 - Residential treatment centers › Section 67:42:08:08 - 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 and 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 67:42:08 - Residential treatment centers › Section 67:42:08:09 - Written policy requirements

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall develop written policies in the following
	 areas:
(1) Intake;
(2) Treatment;
(3) Discharge;
(4) Discipline;
(5) Confidentiality;
(6) Reporting suspected child abuse and
  neglect within the facility;
(7)
  Use of emergency safety intervention, if used, to include the phone number and
  mailing address for the South Dakota Division of Child Protection Services and
  the South Dakota Advocacy Services;
(8) Health care of children; and
(9) Emergency and safety procedures.
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(2).
Law Implemented:
SDCL
		26-6-16(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:08 - Residential treatment centers › Section 67:42:08:10 - 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 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 67:42:09 - Child placement agencies › Section 67:42:09:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter, unless the context plainly requires
	 otherwise, mean:
(1) "Agency," a child
  placement agency as provided in SDCL
  26-6-14;
(2) "Client," any person who uses the
  services of child placement agencies licensed under this chapter;
(3) "Alternate care family," family foster
  homes and adoptive placement homes used by child placement agencies licensed
  under this chapter; and
(4) "Host
  family," a nonpaid volunteer family who provides supplemental care or
  coparenting to a child to minimize the risk for abuse and neglect.
General Authority:
SDCL
		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 67:42:09 - Child placement agencies › Section 67:42:09:04 - Fees for services

Current through Register Vol. 51, page 10, July 15, 2024
The agency shall have a written fee policy for services provided to
	 children, biological parents, adoption applicants, and adoptive parents. The
	 fees shall be based on the cost of the services provided, and the fee policy
	 shall include the conditions under which fees are charged or waived. The agency
	 shall have a written statement on payment procedures for maintenance costs to
	 foster parents.
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 67:42:09 - Child placement agencies › Section 67:42:09:07 - Qualifications for staff providing supervision

Current through Register Vol. 51, page 10, July 15, 2024
An individual who supervises staff providing direct services and
	 support must be a mental health professional who has at least a masters degree
	 in psychology, social work, counseling, or nursing, and currently holding a
	 license in that field, with two years of supervised post graduate clinical
	 experience in a mental health, family or child welfare setting. The supervisor
	 may not have on record a substantiated report of child abuse or
	 neglect.
General Authority:
SDCL
		26-6-16(1)(3)(6).
Law Implemented:
SDCL
		26-6-16(1)(3)(6).
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 67:42:09 - Child placement agencies › Section 67:42:09:07.01 - Requirements for staff providing direct services and support to clients

Current through Register Vol. 51, page 10, July 15, 2024
Staff performing intake services, direct services to children and
	 families, case management, family education and support, liaison services,
	 assessment studies for foster care, and adoptive services must have an
	 associate's degree in the social sciences or human services field and be
	 supervised according to 67:42:09:07. Staff may not have on record a
	 substantiated report of child abuse or neglect.
General Authority:
SDCL
		26-6-16(1)(6)(10).
Law Implemented:
SDCL
		26-6-16(1)(6)(10).
Standard requirements and responsibilities in the provision of
		client services, §
											67:42:09:13; 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 67:42:09 - Child placement agencies › Section 67:42:09:08 - Qualifications and responsibilities of paraprofessional staff

Current through Register Vol. 51, page 10, July 15, 2024
An agency may employ paraprofessional staff to assist the social work
	 staff. The paraprofessional staff may perform work only under the social work
	 supervisor or social worker and may not assume the full responsibilities and
	 duties normally assigned to a social worker. Paraprofessional staff 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.
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 67:42:09 - Child placement agencies › Section 67:42:09:08.01 - Contact with references required

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall contact at least three former employers or, if
	 former employers are not available, professional references of an employee
	 applicant concerning the applicant's character and competence. The employee
	 applicant may not be related to the former employers or the references. The
	 facility shall maintain a record of the contacts. Records of contact must be in
	 the form of a documented conversation or a written letter. Contacts must be on
	 record before hiring 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 67:42:09 - Child placement agencies › Section 67:42:09:09 - Use of volunteers

Current through Register Vol. 51, page 10, July 15, 2024
An agency which regularly uses volunteers to work directly with clients
	 shall do the following:
(1) The
  facility must have a written description of duties and specific
  responsibilities for volunteer positions;
(2) The facility must have at least three
  references for each volunteer. The references may not be related to the
  volunteer. References must be checked before the volunteer performs services.
  The provider must document the contacts with the references. Documentation must
  be in the form of a written letter or documented conversation;
(3) The facility must designate a staff
  member to supervise and evaluate volunteers;
(4) The facility must develop a written plan
  for the orientation and training of volunteers in the philosophy of the agency
  and the needs of the children in care;
(5) The facility must ensure that volunteers
  who work 30 or more hours per week meet the training requirements of §
									67:42:09:10;
(6) The facility must inform the volunteers
  of their obligation to report and the method of reporting suspected child abuse
  and neglect in accordance with SDCL
  26-8A-3 and
  26-8A-8; and
(7) The facility must screen each volunteer
  applicant's name for substantiated reports of child abuse or neglect before the
  volunteer performs services to children. A volunteer may not have on record a
  substantiated report of child abuse or neglect.
Volunteers may not assume the duties of a social worker unless licensed
	 as a social worker according to SDCL
	 36-26-15 or licensed as a social
	 work associate according to SDCL
	 36-26-16.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Screening for substantiated reports of abuse and neglect, §
											67:42:01:05.02.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:09 - Child placement agencies › Section 67:42:09:10 - Orientation and in-service training

Current through Register Vol. 51, page 10, July 15, 2024
The agency shall have written plans for orientation and ongoing
	 in-service training. Each staff member shall participate in the in-service
	 training. The written plan for in-service training shall address 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 and its recognition, prevention, and treatment;
(5) Identification and reporting of child
  abuse and neglect; and
(6)
  Principals and practices of child care.
For staff beyond the first year of employment, the plan must provide
	 for competency-based training based on an annual evaluation of the staff
	 member's competencies.
Each staff member shall have a minimum of 30 clock hours of in-service
	 training annually.
An orientation course shall be completed by staff members within one
	 month of their hire date. The agency may consider the orientation course a part
	 of the required 30 hours of in-service training. The orientation course shall
	 include the agency's functions, services, community resources, and specific job
	 functions. Supervision of staff members as they perform their routine tasks may
	 not be considered training activities for purposes of this requirement.
	 Participation in training shall be documented and kept in the individual
	 personnel files.
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 67:42:09 - Child placement agencies › Section 67:42:09:11 - Staff personnel records

Current through Register Vol. 51, page 10, July 15, 2024
A facility must maintain a personnel record on each employee and
	 volunteer. The record must include the employee's or volunteer's application
	 showing qualifications and experience, a job description, annual performance
	 appraisals together with the employee's or volunteer's comments on the
	 appraisal, a record of orientation and in-service training, documentation of
	 the provider's contact with references, documentation of screening for
	 substantiated reports of child abuse and neglect, and documentation that a
	 criminal record check was completed.
The facility must make its personnel records available to the
	 department for verification of the contents.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Screening for substantiated reports of abuse and neglect, §
											67:42:01:05.02.