reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:14 - Provider employee records

Current through Register Vol. 51, page 10, July 15, 2024
A child care provider shall maintain a record for each employee that
	 includes:
(1) Name and date of
  birth;
(2) Start and end dates of
  employment;
(3) Documentation of
  orientation and ongoing annual training if providing direct care and
  supervision of children;
(4) A
  signed statement which defines child abuse and neglect and outlines the
  employee's responsibility to report all incidents of child abuse or neglect
  under the provisions of SDCL
  26-8A-3 and
  26-8A-8; and
(5) The comprehensive background check
  results.
All required provider records shall be reviewed and updated at least
	 annually, made available to the department for verification of the contents,
	 and retained for six months after the employee leaves the
	 program.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:15 - Confidentiality

Current through Register Vol. 51, page 10, July 15, 2024
The files and records of a provider shall be kept confidential. A
	 child's records, photographs, and information about a child or their family
	 shall not be shared or publicly posted unless a signed consent by a parent is
	 obtained. Individuals authorized to access provider and family records without
	 a signed consent include licensing specialists, child protective services, and
	 law enforcement.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(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 67:42:17:16 - Orientation training

Current through Register Vol. 51, page 10, July 15, 2024
All providers shall complete and have documentation of orientation
	 within ninety days after the date of employment in the following health and
	 safety topic areas:
(1) Prevention and
  control of infectious diseases;
(2)
  Prevention of sudden infant death syndrome and use of safe sleep practices if
  infant care is provided;
(3)
  Administration of medication;
(4)
  Prevention of and response to an emergency due to food and allergic
  reactions;
(5) Building and
  physical premises safety;
(6)
  Prevention of shaken baby syndrome and abusive head trauma if infant care is
  provided;
(7) Emergency
  preparedness and response planning for an emergency resulting from a natural
  disaster or man-caused event;
(8)
  Handling and storage of hazardous materials and the appropriate disposal of bio
  contaminants;
(9) Precautions in
  transporting a child, if the program provides transportation for any
  purpose;
(10) Recognition and
  reporting of child abuse and neglect;
(11) Pediatric first aid;
(12) Pediatric cardiopulmonary resuscitation;
  and
(13) Child development.
Before a provider is able to care for children without supervision, the
	 provider shall complete orientation training in each of the health and safety
	 topic areas.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(1)(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 67:42:17:17 - Ongoing training requirements

Current through Register Vol. 51, page 10, July 15, 2024
Annual training shall be obtained in topic areas identified through
	 federal health and safety standards or topics identified by the department.
	 Training shall be documented and relevant to the provider's position. Training
	 may include on-site or online classes.
Each director and provider of center and school-age programs counted in
	 staff-child ratios shall complete ten hours of content training
	 annually.
Each provider of family day care counted in staff-child ratios shall
	 complete six hours of content training annually.
Orientation training hours qualify as annual training hours for each
	 provider in the year the training was completed. All providers shall complete
	 progressive training in the health and safety categories required during
	 orientation training once every five years.
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 67:42:17:18 - Supervision and group size - Center and school-age programs

Current through Register Vol. 51, page 10, July 15, 2024
A center provider shall supervise by hearing or seeing children and
	 being present in the same room and on the playground with children. Children
	 over eighteen months of age in a center program can be supervised by hearing if
	 all children are resting and visually checked every fifteen minutes. A
	 school-age program provider shall supervise children by hearing or seeing
	 children and be close enough to intervene at all times.
Maximum group sizes are determined by individual room capacity and
	 subject to the following conditions:
(1) All space used shall be approved for
  care;
(2) The provider shall ensure
  that the number of children in care at any given time does not exceed the
  capacity identified on the license;
(3) Ratios are maintained in all settings
  including large indoor and outdoor space; and
(4) In spaces where more than twenty children
  are allowed, providers shall implement primary caregiving to identify which
  children each provider is responsible to supervise.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(5)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:19 - Center and school-age program ratio

Current through Register Vol. 51, page 10, July 15, 2024
For center and school-age programs, the following ratios for providers
	 and children present shall be maintained:
(1) 5:1 for children up to three years of
  age;
(2) 10:1 for children three
  years through four years; and
(3)
  15:1 for five years and over.
Children of program employees shall be included in determining group
	 size and the staff-child ratio.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(5)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:20 - Center and school-age program ratio - Mixed age group

Current through Register Vol. 51, page 10, July 15, 2024
For a program serving twenty or less children and routinely operating
	 in a mixed age group, the program shall meet a 10:1 ratio with no more than
	 four children under the age of two years in the group.
For center programs serving more than twenty children in a mixed age
	 group, the following shall be maintained:
(1) When providing care to three or more
  children under the age of three, a 5:1 ratio shall be maintained; and
(2) When providing care to children three
  years of age and older, the staff-child ratio for the age group that comprises
  the majority of the group shall be maintained.
Children of program employees shall be included in determining group
	 size and the staff-child ratio.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(5)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:21 - Supervision, ratios and group size - Family day care

Current through Register Vol. 51, page 10, July 15, 2024
Family day care providers may care for up to twelve children in their
	 home. A family day care program provider shall supervise children by hearing or
	 seeing children and be close enough to intervene at all times. The following
	 ratios are required:
(1) No more than
  four of the twelve children can be under the age of two years with only one
  provider present, and no more than three of the four children can be under the
  age of one.
(2) If a family day
  care assistant is present in the home, no more than eight of the twelve
  children can be under the age of two.
A family day care provider's own children under the age of six are
	 included in the total capacity and ratio.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(5)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:22 - Health standards and immunizations for day care children

Current through Register Vol. 51, page 10, July 15, 2024
Before a child may be admitted to a registered or licensed provider,
	 the provider shall require a child's parent or guardian to submit a written
	 statement signed by a licensed physician, physician's assistant, certified
	 nurse practitioner, or community health nurse or an immunization record from
	 the South Dakota Immunization Information System showing that the child meets
	 the minimum immunization requirements as recommended by the Department of
	 Health. The provider shall ensure that immunization levels of all children are
	 current. For children who begin the series late or are more than one month
	 behind in immunizations, the immunization levels of these children must show
	 current progress toward achieving adequate immunization levels as recommended
	 by a licensed physician, physician's assistant, certified nurse practitioner,
	 or community health nurse. A grace period may be allowed for a child
	 experiencing homelessness or for a child in foster care.
A child is exempt from meeting the minimum age-specific immunization
	 levels if the child's parent or guardian has certification from a licensed
	 physician stating that the physical condition of the child is such that a test
	 or immunization would endanger the child's life or health or if the child's
	 parent or guardian has signed a written statement that the child is an adherent
	 to a religious doctrine whose teachings are opposed to such tests and
	 immunizations.
If a child suffers an illness during the day, the child must be
	 separated from other children and the child's parents must be notified. The
	 program shall notify the Department of Health if any child in the program
	 contracts a communicable disease. The program shall follow the Department of
	 Health's recommendations for addressing a situation involving a communicable
	 disease.
To prevent cross-contamination and the spread of infectious diseases, a
	 program shall provide an individual storage unit or container for each child's
	 personal articles including combs, brushes, towels, and
	 clothing.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(2)(3)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:23 - Sanitation Requirements

Current through Register Vol. 51, page 10, July 15, 2024
All equipment, utensils, kitchenware, dining tables, and other food
	 contact surfaces shall be washed, rinsed, and sanitized after each meal. Toys
	 capable of being placed in a child's mouth shall be cleaned and sanitized daily
	 using an approved solution.
All providers, program employees, and children shall wash their hands
	 with soap before preparing food or beverages, eating, handling food, or feeding
	 a child, and after changing a diaper, using the toilet or helping a child use a
	 toilet, or handling bodily fluid.
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 67:42:17:24 - Safe sleep practices

Current through Register Vol. 51, page 10, July 15, 2024
A nap mat, blanket, or other sleep surface for children over one year
	 of age shall be provided during nap time. A sleep surface shall be maintained
	 in good repair.
A provider shall follow the most current safe sleep practices as
	 recommended by the American Academy of Pediatrics for infants under the age of
	 one.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(2)(6).
Caring for Our Children: National Health and Safety
		Performance Standards
, 4th Edition, American Academy of Pediatrics,
		American Public Health Association, National Resource Center for Health and
		Safety in Child Care and Early Education. Copies may be obtained from the
		American Academy of Pediatrics,
https://shop.aap.org/
. Cost
		$66.95.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:25 - Medication administration

Current through Register Vol. 51, page 10, July 15, 2024
Before any medication is administered to a child, permission of the
	 parent or guardian shall be documented and shall include the name of the child,
	 the name of the medication, the dates, times, and dosage of the medication
	 administered. Medication shall be provided by the parent and kept in the
	 original container with the original label. The label for a prescription
	 medication shall contain the child's name, amount and frequency of dosage, the
	 expiration date, the physician's name, and instructions for storage. Medication
	 shall be returned to the parent when no longer needed or expired.
The provider shall document any medication administered to a child and
	 shall include the dose, name of child, time and date administered, and name of
	 the person administering the medication. The documentation shall be available
	 to the child's parent.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(4)(6)(8).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:26 - Medication storage

Current through Register Vol. 51, page 10, July 15, 2024
Medication shall be stored in a place which is inaccessible to
	 children. Medication requiring refrigeration shall be placed in a nonabsorbent
	 container and labeled "medications."
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(2)(6)(8).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:27 - Food and allergic reactions

Current through Register Vol. 51, page 10, July 15, 2024
A provider shall have a written care plan for each child with a known
	 food allergy that includes instructions regarding any food allergens, steps to
	 be taken to avoid that food, and a detailed treatment plan to be implemented in
	 the event of an allergic reaction. The plan shall include the name, dose, and
	 method of prompt administration of any medications and any specific symptoms
	 that would indicate the need to administer the medications.
Providers shall post a weekly menu that indicates meals and snacks to
	 be served that week.
An infant shall be fed according to an individual schedule. Propping a
	 bottle while feeding an infant is prohibited.
Food, including breast milk and formula, shall be properly stored, kept
	 at the proper temperature, and protected from potential
	 contamination.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(2)(3)(6)(8).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:28 - Building requirements

Current through Register Vol. 51, page 10, July 15, 2024
All walls, ceilings, floors, and equipment shall be easily cleanable,
	 kept clean, and maintained in good repair. Food preparation areas including
	 tables and countertops shall be in good repair, free of cracks, and made of
	 smooth nonporous material that is kept clean and sanitized.
A provider shall meet the following requirements regarding
	 bathrooms:
(1) Bathroom facilities
  shall be available and easily accessible to children and providers;
(2) Hot water for plumbing fixtures normally
  used by children in care shall not exceed one hundred twenty degrees
  Fahrenheit;
(3) All toilets and
  hand sinks shall be kept clean and in good repair; and
(4) For child care centers and school-age
  programs:
a. All bathrooms shall have natural
  or mechanical ventilation;
b.
  Separate bathrooms shall be available for each gender;
c. Ratios for toilet and hand sinks shall
  align with the plumbing commission requirements.
Except for in a family day care, hand sinks shall be in the same room
	 or a non-obstructed adjacent room as the diaper changing area. A handwashing
	 sink used after diapering and toileting shall not be used for food
	 preparation.
Heating, ventilating and cooling systems shall maintain a temperature
	 conducive to the comfort and health of children in care. For a child care
	 center and school-age program, all heating and cooling systems shall be
	 inspected annually by a certified technician. Center and school-age programs
	 that care for more than twenty children shall provide a ventilation hood over
	 all cooking areas for the type of appliance and intended use as required in
	 §
											61:15:01:01.
For a center program, a minimum of thirty-five square feet of play
	 space indoors and fifty square feet of play space outdoors shall be available
	 for each child while outdoors at the licensed capacity. For a school-age
	 program, a minimum of twenty-five square feet of play space indoors and fifty
	 square feet of play space outdoors shall be available for each child while
	 outdoors at the licensed capacity.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:29 - Playground requirements

Current through Register Vol. 51, page 10, July 15, 2024
Playground areas for all child care settings shall be safe, in good
	 repair and shall be kept free of debris, trash, and weeds. Playground equipment
	 shall be installed according to manufacturer's instructions and maintained in
	 good repair. The use of playgrounds and parks may be used for outdoor
	 play.
For a center program, a fence that measures at least four feet high is
	 required around the outdoor play space.
For a family day care or school-age program, a fence may be required if
	 a body of water, vehicular traffic, or other hazard poses the risk of injury or
	 death to a child.
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 67:42:17:30 - Water safety

Current through Register Vol. 51, page 10, July 15, 2024
A provider shall meet the following water safety requirements:
(1) A swimming pool utilized on the premises
  shall be emptied after each use or enclosed with a five-foot fence and
  self-closing, latching gate that can be locked while not in use;
(2) A child may not play in an area where
  there is a body of water unless they are under constant supervision;
  and
(3) A hot tub shall have a
  secure cover.
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 67:42:17:31 - Construction and fire safety requirements

Current through Register Vol. 51, page 10, July 15, 2024
Center and school-age programs operating outside of a school building,
	 shall follow applicable construction and fire safety requirements outlined in
	 chapters 61:15:05 and 61:15:06. School-age programs operating in a school
	 building shall follow applicable construction and fire safety requirements in
	 chapters 61:15:01, 61:15:02 and 61:15:07.
A family day care home shall have the following fire safety measures in
	 place:
(1) A working smoke detector on
  each level of the home;
(2) A fully
  charged, portable fire extinguisher, with a minimum 2A rating as identified on
  the extinguisher label, shall be kept near the kitchen;
(3) A carbon monoxide detector shall be
  installed according to manufacturer's instructions when there is a fuel burning
  appliance in the home;
(4) Each
  level of the home shall have at least two remote exits that shall remain clear
  of obstructions. One of these exits shall be a standard-sized door, the second
  exit may be an unobstructed, operable window at least five square feet in
  openable space which has a minimum width of twenty inches and height of
  twenty-four inches; and
(5) When in
  use, a portable space heater, wood burning stove, or fireplace shall be
  inaccessible to children.
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 67:42:17:32 - Hazardous conditions

Current through Register Vol. 51, page 10, July 15, 2024
The following hazards that could pose a risk to the health and
	 well-being of a child shall be made inaccessible:
(1) Firearms, including pellet guns, BB guns,
  and cap guns. If present, they shall be unloaded, equipped with child
  protective devices, and kept under lock and key with the ammunition locked
  separately in areas inaccessible to the children;
(2) Matches, lighters and candles;
(3) Tobacco products;
(4) Choking and strangulation
  hazards;
(5) Tip-over
  hazards;
(6) Unused electrical
  outlets without outlet covers or tamper-resistant covers;
(7) A platform measuring more than thirty
  inches above ground level. If present, the platform requires a railing;
  and
(8) Other hazardous conditions.
The department may direct a provider to remove or correct a hazardous
	 condition or circumstance not covered in this chapter if the department
	 considers the conditions or circumstances to have the potential to cause injury
	 or illness to the children in care.
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 67:42:17:33 - Pets

Current through Register Vol. 51, page 10, July 15, 2024
Pets, while permitted in the presence of children receiving care at a
	 facility, are subject to the following:
(1) A pet shall be current with their
  vaccination schedule;
(2) A pet may
  not have a behavioral history that indicates they pose a risk to the safety and
  well-being of children; and
(3) A
  pet's living area shall be maintained in clean and sanitary conditions at all
  times.
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 67:42:17:34 - Prevention of child maltreatment

Current through Register Vol. 51, page 10, July 15, 2024
A provider shall meet the physical, social, emotional, and cognitive
	 needs of a child and identify procedures regarding behavior management
	 strategies to be used with children in care. Behavior management strategies
	 shall offer clear-cut limits with positive guidance and direction to help a
	 child develop self-control and respect for the rights of others. A behavior
	 management strategy shall be appropriate to a child's age and developmental
	 level. Separation, when used as a strategy, shall be within sight or hearing of
	 a provider. A behavior management strategy shall not be delegated to an older
	 child or peer. The use of a prohibited discipline technique by a child's parent
	 while working at the program is not allowed. The following methods of
	 discipline are prohibited:
(1)
  Spanking, hitting, pinching, biting, shaking, or inflicting any other physical
  punishment;
(2) Verbal abuse,
  shouting, threats, humiliation, or derogatory or sarcastic remarks about the
  child or their family;
(3)
  Restriction of movement or confinement;
(4) Isolating a child in an adjacent room,
  hallway, closet, darkened area, or any other area where a child cannot be seen
  or supervised;
(5) Punishment for
  lapses in toilet training;
(6)
  Withholding or forcing of meals, snacks, naps or outdoor time to correct
  behavior;
(7) Demanding excessive
  physical exercise or excessive rest; and
(8) Placing substances in a child's mouth to
  cause discomfort such as soap, food, or spices.
Any provider caring for an infant shall outline procedures to identify
	 and prevent shaken baby syndrome and abusive head trauma.
A provider who is under investigation for abuse and neglect shall not
	 be in a caregiving role if the department determines there is an imminent
	 safety concern to a child in care.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:35 - Required child records

Current through Register Vol. 51, page 10, July 15, 2024
A provider shall maintain a record for each child that shall
	 include:
(1) Child's name and date of
  birth;
(2) Parent or guardian's
  name and telephone number;
(3)
  Emergency contact name and telephone number;
(4) Parent permission for emergency medical
  treatment;
(5) Names of individuals
  authorized to pick up child as needed;
(6) Health information including any
  allergies or special needs;
(7)
  Current immunization record; or name of school for a school-age
  child;
(8) Medication permission as
  needed;
(9) Attendance
  records;
(10) Date of enrollment;
  and
(11) Date enrollment ends.
Each required child record shall be reviewed and updated annually and
	 made available to the department for verification of the
	 contents.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(3)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:36 - Emergency preparedness and response planning

Current through Register Vol. 51, page 10, July 15, 2024
A provider shall have:
(1) A
  written emergency preparedness and response plan for emergencies resulting from
  a natural disaster or a man-caused event;
(2) A written plan for evacuation,
  relocation, shelter-in-place, or a lock-down that includes accommodations for
  infants, toddlers, and children with disabilities or medical
  conditions;
(3) A written procedure
  for communication and reunification with parents; and
(4) A written procedure for the continuity of
  operations.
A provider shall practice the evacuation, shelter-in-place, and lock
	 down procedures outlined in the emergency preparedness and response plan a
	 minimum of twice each calendar year. Dates are to be documented for monitoring
	 purposes. A provider shall communicate the emergency preparedness and response
	 plan to each new individual upon hire.
Except for family day care, all child care providers are required to
	 have liability insurance.
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 67:42:17:37 - Handling, storage, and disposal of hazardous materials

Current through Register Vol. 51, page 10, July 15, 2024
All toxic or hazardous substances such as cleaners, chemicals, and
	 flammable materials shall be:
(1)
  Inaccessible to children;
(2) Used
  according to manufacturer's instructions;
(3) Stored in the original labeled container
  or labeled if stored in an alternate container; and
(4) Disposed of properly.
Bio-contaminants including blood, bodily fluids, and other infectious
	 materials shall be handled and disposed of properly.
Diapers must be changed promptly, when needed, in a designated area on
	 a non-porous surface. The diaper changing area must be clean and disinfected
	 through use of an approved sanitizing solution. Diapers shall be disposed of
	 using a plastic-lined, hands-free, covered container.
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 67:42:17:38 - Transportation

Current through Register Vol. 51, page 10, July 15, 2024
When a child is transported, the following requirements apply:
(1) A parent or guardian shall provide
  written permission for the transportation of their child;
(2) The vehicle shall not carry more people
  than its stated passenger capacity;
(3) The required staff-child ratio shall be
  maintained when children are in transport;
(4) The driver shall be at least eighteen
  years of age and have a valid driver license to operate the type of vehicle
  being driven;
(5) When a child is
  driven in a vehicle other than a bus, each child shall be restrained in a car
  seat, booster seat, or seat belt appropriate for their weight and
  age;
(6) Each vehicle used for
  transporting children shall have liability insurance that covers the children
  being transported.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(1)(2)(5)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:39 - Pediatric first aid and cardiopulmonary resuscitation

Current through Register Vol. 51, page 10, July 15, 2024
A provider shall have and maintain documentation of completion of
	 pediatric first aid training and a current certification in pediatric
	 cardiopulmonary resuscitation, which includes a hands-on skills test. A
	 provider shall work under supervision until they have completed their
	 training.
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 67:42:17:40 - Reporting of child abuse and neglect

Current through Register Vol. 51, page 10, July 15, 2024
All child care providers shall personally report any suspected abuse or
	 neglect immediately to child protective services, law enforcement, or the
	 States Attorney's office and cooperate fully in the investigation of any
	 incident.
All child care providers shall read and sign a statement which defines
	 child abuse and neglect and outlines the caregiver's responsibility to report
	 all incidents of child abuse or neglect according to SDCL
	 26-8A-3 and
	 26-8A-8.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(6),
		26-8A-3.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:41 - Night-time care

Current through Register Vol. 51, page 10, July 15, 2024
When care is provided between 7:00 p.m. and 6:00 a.m., the following
	 requirements apply:
(1) Center
  providers on duty shall be awake and alert to the needs of children;
(2) Family day care providers shall be
  accessible and responsive to children who awaken during the night and require
  attention; and
(3) Providers shall
  supply a cot or bed for each child in overnight care.
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 67:42:17:42 - Parental access

Current through Register Vol. 51, page 10, July 15, 2024
A parent shall be allowed to observe their child or children at any
	 time and immediately on request. A parent shall be notified by the provider
	 immediately regarding any serious injuries received involving their child while
	 attending the program.
A parent shall be notified by the provider within twenty four hours of
	 any changes in circumstances that may impact the program operation to include
	 registration or license suspension or revocation, program location, closure,
	 and changes in ownership.
If a parent is restricted through a court order from having contact
	 with a child and the provider has been provided with a copy of the court order,
	 access shall be denied to the parent.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:17 - Child care Licensing › Section 67:42:17:43 - Fair hearings

Current through Register Vol. 51, page 10, July 15, 2024
A fair hearing may be requested if a provider is dissatisfied with any
	 action taken on an application or license or registration certificate. Fair
	 hearings are conducted under the provisions of chapter
	 67:17:02.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:44 - Home and community-based services waiver operated by the Division of Adult Services and Aging › Chapter 67:44:03 - HCBS Waiver operated by the Division of Adult Services and Aging › Section 67:44:03:02 - Eligibility requirements

Current through Register Vol. 51, page 10, July 15, 2024
An individual is eligible for ASA waiver services if the individual is
	 not receiving services under chapter 67:54:04 or 67:54:09 and meets the
	 following requirements:
(1) The
  individual is age 65 or older or is over the age of 18 with a qualifying
  disability;
(2) The individual is
  receiving Supplemental Security Income or has an income level within 300% of
  the Supplemental Security Income standard benefit amount as provided in §
									67:46:04:13 and meets the
  eligibility criteria established in chapter 67:46:03 or would be eligible for
  Medicaid under article 67:46 if institutionalized;
(3) The medical review team has determined
  according to chapter 67:45:01 that the individual meets the nursing facility
  level of care; and
(4) The
  individual will reside at home or in an assisted living facility while
  receiving ASA waiver services.
General Authority:
SDCL 28-1-45,
		28-6-1.
Law Implemented:
SDCL 28-1-45,
		28-6-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:44 - Home and community-based services waiver operated by the Division of Adult Services and Aging › Chapter 67:44:03 - HCBS Waiver operated by the Division of Adult Services and Aging › Section 67:44:03:03 - Applicable provisions of article 67:46

Current through Register Vol. 51, page 10, July 15, 2024
The following rules apply to applicants and recipients of ASA waiver
	 services:
(1) Chapter 67:46:01, all
  provisions;
(2) Chapter 67:46:02,
  all provisions;
(3) Chapter
  67:46:03, all provisions except §§
									67:46:03:08 to
  67:46:03:12, inclusive,
  67:46:03:18, 67:46:03:19, 67:46:03:20, and 67:46:03:21;
(4) Chapter 67:46:04, all
  provisions;
(5) Chapter 67:46:05,
  all provisions;
(6) Chapter
  67:46:07, all provisions;
(7)
  Chapter 67:46:08, all provisions; and
(8) Chapter 67:45:01, all
  provisions.
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-45.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:44 - Home and community-based services waiver operated by the Division of Adult Services and Aging › Chapter 67:44:03 - HCBS Waiver operated by the Division of Adult Services and Aging › Section 67:44:03:04 - Individual care plan - Review

Current through Register Vol. 51, page 10, July 15, 2024
Each individual eligible for ASA waiver services must have an
	 individual care plan. The care plan must be signed by the individual or the
	 individual's legal representative.
The care plan shall describe each ASA waiver service to be provided,
	 the extent and frequency of the service, and the anticipated cost.
The care plan shall be revised annually or as the individual's needs
	 change.
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-45.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:44 - Home and community-based services waiver operated by the Division of Adult Services and Aging › Chapter 67:44:03 - HCBS Waiver operated by the Division of Adult Services and Aging › Section 67:44:03:05 - Redetermination of level of care

Current through Register Vol. 51, page 10, July 15, 2024
The medical review team must annually redetermine the individual's
	 level of care.
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-45.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:44 - Home and community-based services waiver operated by the Division of Adult Services and Aging › Chapter 67:44:03 - HCBS Waiver operated by the Division of Adult Services and Aging › Section 67:44:03:06 - Services covered

Current through Register Vol. 51, page 10, July 15, 2024
Services covered under ASA waiver include the following:
(1) Adult day services;
(2) Homemaker services;
(3) Personal care services;
(4) In-home nursing services;
(5) Respite care;
(6) Specialized medical equipment;
(7) Specialized medical supplies;
(8) Adult companion services;
(9) Assisted living services;
(10) Environmental accessibility
  adaptations;
(11) Personal
  emergency response systems; and
(12) Meals and nutritional
  supplements.
General Authority:
SDCL 28-1-45.
Law Implemented:
SDCL
		28-1-45.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:44 - Home and community-based services waiver operated by the Division of Adult Services and Aging › Chapter 67:44:03 - HCBS Waiver operated by the Division of Adult Services and Aging › Section 67:44:03:07 to 67:44:03:09.02 - Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:44 - Home and community-based services waiver operated by the Division of Adult Services and Aging › Chapter 67:44:03 - HCBS Waiver operated by the Division of Adult Services and Aging › Section 67:44:03:10 - Eligible individuals to participate in cost of ASA waiver services

Current through Register Vol. 51, page 10, July 15, 2024
An individual eligible for and receiving ASA waiver services shall
	 participate in the cost of the service. Individuals will receive written
	 notification of the cost share amount.
The department shall pay its share of the costs directly to the
	 provider agency. The individual is responsible for paying the individual's
	 share directly to the provider agency.
General Authority:
SDCL 28-1-45, 28-6-1.
Law Implemented:
SDCL 28-1-45,
		28-6-1.
Patient income applied to cost of care,
		42 C.F.R. §
												435.726 (4).
Definition of community spouse, SDCL
		28-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:44 - Home and community-based services waiver operated by the Division of Adult Services and Aging › Chapter 67:44:03 - HCBS Waiver operated by the Division of Adult Services and Aging › Section 67:44:03:11 - Payment limits

Current through Register Vol. 51, page 10, July 15, 2024
The rate of payment for ASA waiver services is limited to the lesser
	 of the provider's usual and customary fee or the fee contained on the
	 department's website located at
http://dss.sd.gov/medicaid/providers/feeschedules/dss/
.
General Authority:
SDCL 28-1-45,
		28-6-1.
Law Implemented:
SDCL 28-1-45,
		28-6-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:44 - Home and community-based services waiver operated by the Division of Adult Services and Aging › Chapter 67:44:03 - HCBS Waiver operated by the Division of Adult Services and Aging › Section 67:44:03:12 - Provider requirements

Current through Register Vol. 51, page 10, July 15, 2024
Agencies providing services under this chapter shall complete all
	 required initial and continuing enrollment activities. The department may
	 terminate an agreement with a provider for ASA waiver services if the provider
	 fails to meet continuing enrollment requirements.
General Authority:
SDCL 28-1-45,
		28-6-1.
Law Implemented:
SDCL 28-1-45,
		28-6-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:44 - Home and community-based services waiver operated by the Division of Adult Services and Aging › Chapter 67:44:03 - HCBS Waiver operated by the Division of Adult Services and Aging › Section 67:44:03:13 and 67:44:03:14 - Submission of claims. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:44 - Home and community-based services waiver operated by the Division of Adult Services and Aging › Chapter 67:44:03 - HCBS Waiver operated by the Division of Adult Services and Aging › Section 67:44:03:15 - Discontinuance of services

Current through Register Vol. 51, page 10, July 15, 2024
The department may discontinue services provided under this chapter if
	 the department exhausts its resources for providing the services, the
	 individual can no longer benefit from the services provided, or the
	 individual's or the provider's health or safety would be jeopardized if the
	 services were continued. Specific reasons for discontinuing services include
	 the following:
(1) The individual's
  needs have surpassed the scope of the ASA waiver;
(2) The individual poses a safety
  risk;
(3) The individual is not in
  compliance with the care plan;
(4)
  The individual is not capable of self-preservation in an emergency;
(5) The individual's condition has improved
  and no longer meets level of care requirements; and
(6) The individual failed to participate in
  the cost of service as required.
General Authority:
SDCL 28-1-45,
		28-6-1.
Law Implemented:
SDCL 28-1-45,
		28-6-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:45 - Nursing facility level of care and claims › Chapter 67:45:01 - Level of care › Section 67:45:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Activities of daily living," tasks
  performed routinely by a person to maintain physical functioning and personal
  care, including transferring, moving about, dressing, grooming, toileting, and
  eating;
(2) "Adult foster care,"
  personal care, health supervision, and household services provided in a family
  residence, in a family atmosphere, and on behalf of adults who are aged, blind,
  or disabled according to chapter 67:46:03;
(3) "Alternative services," those services
  provided in the individual's home by family, friends, or in-home service
  providers which allow the individual to remain in the home;
(4) "Assisted living center," a facility
  which meets the definition of an assisted living center according to SDCL
  34-12-1.1;
(5) "Non-waiver assisted living," a service
  provided to an individual in an assisted living center who does not meet the
  eligibility criteria to receive waiver services;
(6) "Instrumental activities of daily
  living," tasks performed routinely by an individual utilizing physical and
  social environmental features to manage life situations, including preparing
  meals, self-administering medications, using a telephone, housekeeping, doing
  laundry, handling finances, shopping, and using a transportation system or
  obtaining transportation;
(7)
  "Level of care," a classification which denotes the type of care an individual
  requires;
(8) "Nursing facility," a
  facility licensed as a nursing facility by the Department of Health and
  maintained and operated for the express or implied purpose of providing care to
  one or more persons, whether for consideration or not, who are not acutely ill
  but require nursing care and related medical services of such complexity as to
  require professional nursing care under the direction of a physician
  twenty-four hours a day;
(9)
  "Assessment," a comprehensive evaluation, completed using the resident
  assessment instrument described in §
									44:73:06:10, of the functional,
  medical, mental, nursing, and psychosocial needs of a resident of a nursing
  facility and includes admission, readmission, and discharge information as
  applicable;
(10) "Self-care level
  of care," the ability of an individual to live independently with or without
  alternative services;
(11) "Swing
  bed," a licensed hospital bed approved by the Department of Health to provide
  short-term nursing facility care pending the availability of a nursing facility
  bed; and
(12) "Waiver services,"
  services provided under chapter 67:44:03.
General Authority:
SDCL
		28-6-1.
Law Implemented:
SDCL
		28-6-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:45 - Nursing facility level of care and claims › Chapter 67:45:01 - Level of care › Section 67:45:01:02 - Department of Human Services to determine level of care classification

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Human Services must determine if the individual
	 requesting long-term care assistance under article 67:46 requires care. The
	 need for care is established by reviewing the individual's medical, nursing,
	 and social needs. Consideration shall be given to those alternative services
	 available for the individual in the community. Based on an individual's
	 assessed needs, the Department of Human Services shall assign one of the
	 following level of care classifications:
(1) Nursing facility level of care
  classification;
(2) Intermediate
  level of care classification; or
(3) Self-care level of care
  classification.
General Authority:
SDCL
		28-6-1.
Law Implemented:
SDCL
		28-6-1.
___Payment limits -- Level of care classification, §
											67:45:02:02.
___ Redetermination of level of care classification, §
											67:45:01:08.