reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:01 - Provisions and scope of services › Section 67:42:01:22 - Confidentiality

Current through Register Vol. 51, page 10, July 15, 2024
The files and records of the provider must be kept confidential. No
	 information may be released from the files or records to anyone outside of the
	 licensed facility unless written authorization for the release of information
	 is obtained from parties that may be affected by this action. This may include
	 the department, the provider, a client served by the provider, or legal
	 representatives of any of the parties. The provider shall make its files and
	 records available for inspection by the department for licensing
	 purposes.
A provider shall maintain in confidence all information concerning a
	 client. Details of a client's life or that of the client's family may not be
	 shared with unauthorized individuals.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16,
		26-6-20.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:01 - Provisions and scope of services › Section 67:42:01:24 - Transportation

Current through Register Vol. 51, page 10, July 15, 2024
A vehicle used for transportation may not carry more people than its
	 stated passenger capacity. Except when transporting children to and from
	 school, the required staff-child ratio must be maintained when children are in
	 transport.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Staff-child ratio, Group care centers for minors, §
											67:42:07:03; Staff-child ratio,
		Residential treatment centers, §
											67:42:08:03; Use of system
		required -- Violation as petty offense, SDCL
		32-37-1; Operator to assure that
		passengers between ages five and eighteen wear seatbelts, SDCL
		32-37-1.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:01 - Provisions and scope of services › Section 67:42:01:34 - Annual audit

Current through Register Vol. 51, page 10, July 15, 2024
Each group care center, residential treatment center, child placement
	 agency, and intensive residential treatment center shall provide for an annual
	 audit of its accounts by a certified public accountant who is not an employee
	 of the facility, a member of the board of directors, or an employee of the
	 department. The report of the audit must be made a part of the facility
	 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 67:42:01 - Provisions and scope of services › Section 67:42:01:35 - Insurance

Current through Register Vol. 51, page 10, July 15, 2024
Each group care center, residential treatment center, intensive
	 residential treatment center, and child placement agency shall carry liability
	 insurance. Each vehicle used for transporting clients must have liability
	 insurance that covers the clients being transported.
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 67:42:01 - Provisions and scope of services › Section 67:42:01:37 - Telephones

Current through Register Vol. 51, page 10, July 15, 2024
Each home or facility must provide one working, nonpay telephone which
	 can be used for general and emergency uses.
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 67:42:03 › Section 67:42:03:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Family day care defined -- Number of children allowed, SDCL
		26-6-14.1; Unregistered family day
		care defined--Number of children allowed, SDCL
		26-6-14.8.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:03 › Section 67:42:03:04.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-14.1,
		26-6-14.2,
		26-6-16.
Additional number of children in day care -- Staff-to-child ratios,
		SDCL 26-6-15.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:03 › Section 67:42:03:06

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		25-7A-56,
		26-6-16,
		26-6-23.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:03 › Section 67:42:03:07.01

Current through Register Vol. 51, page 10, July 15, 2024
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 67:42:03 › Section 67:42:03:07.02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Water safety, §
											67:42:03:20.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:03 › Section 67:42:03:07.03

Current through Register Vol. 51, page 10, July 15, 2024
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 67:42:03 › Section 67:42:03:07.05

Current through Register Vol. 51, page 10, July 15, 2024
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 67:42:03 › Section 67:42:03:07.06

Current through Register Vol. 51, page 10, July 15, 2024
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 67:42:03 › Section 67:42:03:08

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Tests and immunizations for communicable diseases required for
		admission to school or early childhood program -- Exceptions -- Rules, SDCL
		13-28-7.1; Records and on children
		in care of agencies -- Information confidential, SDCL
		26-6-20; Definition of
		"communicable disease," §
											44:20:01:01.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:03 › Section 67:42:03:08.01

Current through Register Vol. 51, page 10, July 15, 2024
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 67:42:03 › Section 67:42:03:09.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16,
		26-8A-3,
		26-8A-8.
Reporting of incidents or changes in circumstances, §
											67:42:01:12.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:03 › Section 67:42:03:11.02

Current through Register Vol. 51, page 10, July 15, 2024
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 67:42:03 › Section 67:42:03:11.03

Current through Register Vol. 51, page 10, July 15, 2024
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 67:42:03 › Section 67:42:03:11.05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Drinking water standards, ch
		74:04:12.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:03 › Section 67:42:03:11.06

Current through Register Vol. 51, page 10, July 15, 2024
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 67:42:03 › Section 67:42:03:11.07

Current through Register Vol. 51, page 10, July 15, 2024
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 67:42:03 › Section 67:42:03:11.08

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Potentially hazardous food, §
											44:02:07:18.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:03 › Section 67:42:03:11.09

Current through Register Vol. 51, page 10, July 15, 2024
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 67:42:03 › Section 67:42:03:11.10

Current through Register Vol. 51, page 10, July 15, 2024
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 67:42:03 › Section 67:42:03:15

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Qualifications of helpers, §
											67:42:03:07.01; Definition of
		"substitute provider," §
											67:42:01:01; Water safety, §
											67:42:03:20.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:03 › Section 67:42:03:17

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Water safety, §
											67:42:03:20.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:05 - Family foster homes › Section 67:42:05:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Family foster home," a family home that
  provides regular full-time care, maintenance, supervision, and protection of a
  child as a substitute for regular parental care without a transfer of legal
  custody and meets the requirements of 67:42:05:24.
(2) "Child placement agency," the department
  or an agency or institution as defined in SDCL
  26-6-14(4) and
  subject to the regulatory requirements of chapter 67:42:09; and
(3) "Single family home," personal living
  space for one family unit which may include either a stand-alone dwelling or
  one unit in a multiple-unit dwelling.
General Authority:
SDCL
		26-6-16(2)(6).
Law Implemented:
SDCL
		26-6-16(2)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:05 - Family foster homes › Section 67:42:05:02 - Licensing and supervision of a family foster parent

Current through Register Vol. 51, page 10, July 15, 2024
The department or child placement agency shall base its decision to
	 issue a license upon a written home study of the family foster parent
	 applicant. The department or child placement agency shall keep the written home
	 study in the applicant's file.
A family foster parent must be licensed and supervised by the
	 department or a child placement agency. A licensed foster parent shall inform
	 the agency which has licensed the foster parent upon accepting a child from
	 another placement agency or from a parent or guardian.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-13,
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:05 - Family foster homes › Section 67:42:05:02.01 - Contents of licensing record to be available to foster parent

Current through Register Vol. 51, page 10, July 15, 2024
With the exception of reference documents, the contents of a foster
	 parent's licensing file must be available for review and comment on request of
	 the foster parent. In addition, at the time a foster parent is renewing a
	 license, the licensing worker shall offer the foster parent an opportunity to
	 review the foster parent's licensing record and to make written comments in the
	 narrative section. The foster parent shall date and sign the written comments.
	 The foster parent shall document that the opportunity to read the record was
	 given even if the foster parent chose not to read it.
The foster parent may not purge material from the
	 record.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-13,
		26-6-16,
		26-6-20.
Initial evaluation and approval -- Renewal of license or
		registration certificate, §
											67:42:01:05.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:05 - Family foster homes › Section 67:42:05:03 - Training and development

Current through Register Vol. 51, page 10, July 15, 2024
Foster parent applicants must participate in at least 30 hours of
	 orientation training before receiving an initial license. The training must
	 include instruction in at least the following areas;
(1) The impact of separation and trauma on
  child development;
(2) How
  attachments are formed;
(3) The
  importance of the birth family;
(4)
  Techniques of managing behavior;
(5) Permanency planning for
  children;
(6) Child development;
  and
(7) Cardiopulmonary
  resuscitation (CPR), first aid, and medication administration.
Licensed foster parents must participate in at least 6 hours of
	 approved training annually before license renewal. Upon prior approval of the
	 department, the department may reimburse an established flat rate for this type
	 of training.
If the foster parent cares for a child with a disability or a medical,
	 behavioral, or emotional disorder, an additional 12 hours of training is
	 required to meet the needs of the child. Upon prior approval of the department,
	 the department may reimburse a foster parent for this type of training.
	 Evidence of education, experience, or professional background in the specific
	 area may be substituted for training to meet a child's specific needs.
The foster parent must supply the department or the child placement
	 agency with documented evidence of completed training before each license
	 renewal.
General Authority:
SDCL
		26-6-16(1)(6)(9).
Law Implemented:
SDCL
		26-6-16(1)(6)(9).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:05 - Family foster homes › Section 67:42:05:04 - Status and number of children cared for - Exceptions

Current through Register Vol. 51, page 10, July 15, 2024
The family foster parent may provide care for up to 6 children,
	 including the foster parent's own children who are under 18 years of age and
	 residing in the home. There may be no more than 2 children under the age of 2,
	 including the foster parent's own children. Exceptions to this requirement may
	 be made by the department or the child placement agency to keep siblings
	 together, to place a child with a foster parent who is their relative, to allow
	 a parenting youth in foster care to remain with the child of the parenting
	 youth, to allow a child with an established meaningful relationship with the
	 family to remain with the family, or to allow a family with special training or
	 skills to provide care to a child who has a severe disability or special needs.
	 The maximum number of 6 children may be waived for a period of up to 10 days
	 for emergency placements or respite care.
General Authority:
SDCL
		26-6-16(1)(5)(6).
Law Implemented:
SDCL
		26-6-16(1)(5)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:05 - Family foster homes › Section 67:42:05:10.01 - Smoke detectors

Current through Register Vol. 51, page 10, July 15, 2024
A family foster home shall be equipped with a smoke detector which
	 shall be provided on each level of the building. Audible alarm indicating
	 devices shall be designed and distributed so as to be effectively heard above
	 the maximum noise level obtained under normal conditions of occupancy. Foster
	 parents shall have an evacuation plan and shall teach it to each child. Foster
	 parents shall conduct a fire drill each time a child enters care to ensure that
	 all children understand the procedures.
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 67:42:05 - Family foster homes › Section 67:42:05:10.03 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
Water must be derived from a community water system or from a water
	 system that is tested at least annually by the Department of Environment and
	 Natural Resources or a laboratory certified by the Department of Health to
	 conduct such tests. The water must be tested for bacteria and nitrate levels
	 and must be safe for consumption. The provider shall maintain written
	 documentation of the test results. Hot water from plumbing fixtures normally
	 used by children in care may not exceed 120 degrees
	 Fahrenheit.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Definition of community water system, §
		74:04:05:01.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:05 - Family foster homes › Section 67:42:05:10.05 - Safety caps

Current through Register Vol. 51, page 10, July 15, 2024
In family foster homes caring for children aged four years and
	 younger, all unused electrical outlets within 36 inches from the floor shall
	 use a tamper resistant outlet or be covered by a U.L. approved electrical
	 safety cap. There shall be no bare or exposed electrical wires present within
	 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 67:42:05 - Family foster homes › Section 67:42:05:10.06 - Exits

Current through Register Vol. 51, page 10, July 15, 2024
There shall be two remote exits on each level used for the care of
	 children. Each of these exits shall provide unobstructed travel to the outside.
	 One of these exits shall be a door or stairway which provides a means of
	 unobstructed travel to the outside of the building at ground level. The other
	 exit may be a window which meets the following requirements:
(1) Can be easily opened from the inside
  without the use of tools;
(2)
  Provides a clear opening with a minimum dimension of at least 22 inches, is at
  least 5 square feet in area, and provides a safe means of escape; and
(3) Storm windows, screens, or burglar
  guards, if used, are provided with quick-opening devices which can be easily
  opened from the inside.
A ladder, folding stairs, or trap door may not be the only access to a
	 bedroom.
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 67:42:05 - Family foster homes › Section 67:42:05:10.07 - Carbon monoxide detectors

Current through Register Vol. 51, page 10, July 15, 2024
A family foster home must be equipped with a carbon monoxide detector
	 on each level of the home.
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 67:42:05 - Family foster homes › Section 67:42:05:11 - Sanitation requirements

Current through Register Vol. 51, page 10, July 15, 2024
The family foster home shall be kept clean, neat, and free of litter
	 and rubbish. Hazardous cleaning solutions, chemicals, and poisons must be
	 labeled and kept in an enclosed cabinet that is not accessible to children.
	 Garbage and refuse must be kept in durable, easily cleanable containers that do
	 not leak and do not absorb liquids. Garbage and refuse must be disposed of
	 often enough to prevent the development of odor and the attraction of insects
	 and rodents.
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 67:42:05 - Family foster homes › Section 67:42:05:12 - Nutrition requirements

Current through Register Vol. 51, page 10, July 15, 2024
A foster parent shall provide a child in foster care with at least
	 three meals a day. The meals must be of sufficient quantity to meet the child's
	 nutritional needs. The foster parent shall adhere to special diets prescribed
	 for the child in foster care 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 67:42:05 - Family foster homes › Section 67:42:05:13 - Program requirements

Current through Register Vol. 51, page 10, July 15, 2024
A foster parent shall comply with the following:
(1) Shall provide daily activities designed
  to promote the physical, social, intellectual, and emotional development of the
  children in the foster parent's home in accordance with the reasonable and
  prudent parent standard. A family foster home is not liable for harm caused to
  a child in an out of home placement if the child participates in an activity
  approved by the family foster home, provided that the family foster home has
  acted in accordance with the reasonable and prudent parent standard;
(2) Shall take part in case planning for the
  child and shall participate in the preparation, pre-placement, and visitation
  plans for a child placed in the foster parent's home; and
(3) Shall demonstrate respect for the child's
  own family and shall agree to maintain a working relationship with the child's
  family members as indicated in the child's case plan.
(4) Shall ensure that the child in foster
  care has the safety equipment and training necessary to safely engage in each
  activity the child participates in, including, but not limited to the following
  activities:
(a) Boating;
(b) Recreational vehicle use;
(c) Sports; and
(d) Hunting.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:05 - Family foster homes › Section 67:42:05:15 - Discipline

Current through Register Vol. 51, page 10, July 15, 2024
Discipline used by a foster parent must provide for positive guidance,
	 redirection, and setting of clear-cut limits while helping a child to develop
	 self-control, self-esteem, and respect for the rights of others. A foster
	 parent shall discuss methods of discipline with the child's worker. A foster
	 parent may not delegate discipline to older children or peers. Any discipline
	 or control must be appropriate to the child's age and developmental level.
	 Physical punishment is prohibited.
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 67:42:05 - Family foster homes › Section 67:42:05:16 - Food quality - Storage

Current through Register Vol. 51, page 10, July 15, 2024
Food must be free from spoilage and contamination and shall be safe for
	 human consumption. Fluid milk and fluid milk products used or served must be
	 pasteurized.
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 67:42:05 - Family foster homes › Section 67:42:05:18 - Railings

Current through Register Vol. 51, page 10, July 15, 2024
Floor and wall openings, open-sided areas, or platforms 30 inches or
	 more above the adjacent ground level shall be guarded by a railing or barrier.
	 The railing or barrier must be constructed to prevent the child from crawling
	 or falling through or becoming entrapped.
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 67:42:05 - Family foster homes › Section 67:42:05:19 - Sleeping space

Current through Register Vol. 51, page 10, July 15, 2024
Family foster homes shall have sufficient sleeping space to
	 accommodate comfortably a child in care as well as the provider's family. The
	 foster home shall meet the following requirements:
(1) Bed linens, blankets, and pillows shall
  be provided for all children;
(2)
  Children of different sexes over the age of six may not sleep in the same room;
  and
(3) Children may not share a
  bed with an adult.
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 67:42:05 - Family foster homes › Section 67:42:05:20 - Access to hazardous items

Current through Register Vol. 51, page 10, July 15, 2024
The following hazardous items must be inaccessible to children unless
	 under adult supervision:
(1) Firearms,
  including pellet guns, BB guns, and cap guns;
(2) Ammunition;
(3) Archery bows and arrows; and
(4) Matches and lighters
Firearms must be kept unloaded, in a locked room, closet, cabinet, or
	 carrying case, and separate from the ammunition. Before a child in foster care
	 under the age of 16 may hunt, the child must successfully complete a hunter
	 safety course approved by the Department of Game, Fish and Parks under the
	 applicable provisions of SDCL
	 41-7-1.
Alcoholic beverages, medications, poisonous materials, cleaning
	 supplies, and other hazardous materials must be inaccessible to children.
	 Smoking is prohibited in the foster family home or any vehicle used to
	 transport the child.
The department may require the removal or correction of other hazardous
	 conditions or circumstances not covered in this chapter if it considers the
	 conditions or circumstances to have the potential to cause injury or illness to
	 the child in care.
General Authority:
SDCL
		26-6-16(2)(6).
Law Implemented:
SDCL
		26-6-16(2)(6).
Requirements for issuance of hunting license to child under sixteen
		-- Violation as misdemeanor, SDCL
		41-7-1; Department to provide for
		course of instruction, SDCL
		41-7-2; Bowhunter education
		certification required for certain archery hunters, §
											41:06:05:04.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:05 - Family foster homes › Section 67:42:05:21 - Water safety

Current through Register Vol. 51, page 10, July 15, 2024
A child shall be supervised visually at all times when they are in
	 close proximity to any body of water. A child shall never be left alone with
	 access to a swimming pool or a body of water. A child who is placed in a
	 licensed home which is adjacent to any body of water or that has a swimming
	 pool shall be instructed in water safety appropriate for their age. Wading
	 pools shall be emptied and stored when not in use. Swimming pools which are not
	 emptied after each use shall have a fence on all sides at least four feet high
	 or feature a hard shell power safety cover. If a chain-link fence is used, the
	 fence must be constructed of chain link that does not exceed one and
	 three-quarters inches. A wall of the home may be considered as one side of the
	 fence. All access through the fence shall have one of the following safety
	 features: alarm, key lock, self-locking doors, bolt lock or another lock that
	 is not accessible to a child. Any exterior door leading from the house to the
	 pool area shall have two of the safety features. When the swimming pool is not
	 in use all entry points shall be locked. Power Safety Covers should conform to
	 the specification in the ASTM F1346-91 standard, which specifies safety
	 performance for pool covers to protect a young child from drowning. Hard shell
	 covers must be kept locked at all times when the pool is not in use. If the
	 sides of an above ground pool are four feet tall, they may be used as the
	 barrier for that pool. Above ground pools with steps or ladders shall have them
	 secured, locked, or removed when the pool is not in use. All pools above or in
	 ground shall be equipped with one of the following life saving devices: ring
	 buoy; rescue tube; flotation device with a rope; or a shepherds hook of
	 sufficient length to cover the area.
If the home has a hot tub, the tub must be covered with a safety cover
	 approved by the American Society for Testing and Materials
	 (ASTM).
General Authority:
SDCL
		26-6-16(2).
Law Implemented:
SDCL
		26-6-16(2).
ASTM F1346-91(2010), Standard Performance Specification for Safety
		Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and
		Hot Tubs, ASTM International, West Conshohocken, PA, 2010,
www.astm.org
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:05 - Family foster homes › Section 67:42:05:22 - Medication - Storage

Current through Register Vol. 51, page 10, July 15, 2024
All medications must be kept in a locked cabinet or container. A foster
	 parent may not permit medication prescribed for another person to be given to a
	 child in foster care.
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 67:42:05 - Family foster homes › Section 67:42:05:23 - Emergency preparedness

Current through Register Vol. 51, page 10, July 15, 2024
The applicant or foster parent must maintain a comprehensive list of
	 emergency telephone numbers, including poison control, and post those numbers
	 in a prominent place in the home. The family foster home must maintain first
	 aid supplies.
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 67:42:05 - Family foster homes › Section 67:42:05:24 - Living space requirements

Current through Register Vol. 51, page 10, July 15, 2024
A family foster home must have:
(1) An adequate supply of safe drinking
  water;
(2) Appliances to prepare
  hot meals;
(3) At least one toilet,
  sink and tub or shower in operating condition;
(4) Adequate light, heat, ventilation;
  and
(5) A working
  telephone.
General Authority:
SDCL
		26-6-16(2)(6).
Law Implemented:
SDCL
		26-6-16(2)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:07 - Group care centers for minors › Section 67:42:07:01 - 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) "Alternative
  services," an array of services that may be provided by the group care center
  to a child and the child's family that are designed to enable the child to
  remain at home or to remain in or return to a placement in the nearest possible
  proximity to the child's home or placement resource;
(3) "Family services," social rehabilitative
  services to family members to alleviate problems specified in the treatment
  plan that keep a child from returning to the child's own home;
(4) "Group care center," a facility licensed
  by the department to care for children who are experiencing family problems and
  interpersonal conflicts, are unable to remain in a family setting, and require
  ongoing group and individual counseling or alternative services in a structured
  treatment program using facility-based services;
(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) "Seclusion,"
  the involuntary confinement of a resident alone in a room or an area from which
  the resident is physically prevented from leaving;
(8) "Shelter care facility," a group care
  center that provides short-term, full-time care for children often placed under
  emergency conditions. This includes the placement of a child into a shelter
  care facility for purposes of providing short-term assessment
  services;
(9) "Short-term
  assessment services," planned or emergency diagnostic services that include a
  time-limited assessment or diagnostic process used to evaluate the child's and
  family's needs and determine the most appropriate level of care and services
  needed; and
(10) "Treatment plan,"
  a plan that explains the child's social, psychological, or medical 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(1),
		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 67:42:07:01.01 - Shelter care facility - Length of stay

Current through Register Vol. 51, page 10, July 15, 2024
A shelter care facility provides neither treatment nor treatment
	 planning. A shelter care facility may maintain children for no more than 30
	 days. If a placement plan has been made but cannot be implemented or needed
	 assessment services cannot be completed within the 30-day period, an extension
	 of time not to exceed 30 days may be allowed.
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 67:42:07:01.02 - Agreement to provide alternative services

Current through Register Vol. 51, page 10, July 15, 2024
If a group care center provides alternative services to children in the
	 custody of the department, the center must have a signed alternative service
	 agreement with the department. The agreement must specify the alternative
	 services that are subject to reimbursement from the department and the criteria
	 that must be met in the delivery of the services.
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 67:42:07:02 - Qualifications for program director

Current through Register Vol. 51, page 10, July 15, 2024
The program director must have a bachelor's degree in an accredited
	 behavioral or social science area or an equivalent combination of education and
	 experience and at least two 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.
Report to social services -- Contents, SDCL
		26-8A-10; Fair hearings, ch
		67:17:02; 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 67:42:07 - Group care centers for minors › Section 67:42:07:03 - 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. Group care centers shall maintain a staff-child ratio
	 of one adult for each eight children or fraction thereof during waking hours
	 whenever children are present. In addition, shelter care facilities shall
	 maintain a staff-child ratio of one adult for each four children or fraction
	 thereof under the age of four during waking hours. During sleeping hours, there
	 must be at least one staff member present in each separate sleeping unit to
	 supervise children, but not less than one staff member for each 25 children or
	 fraction thereof in the building.
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 staff-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 67:42:07 - Group care centers for minors › Section 67:42:07:04 - Orientation and in-service training

Current through Register Vol. 51, page 10, July 15, 2024
The facility must have written plans for orientation and in-service
	 training. Each direct child care staff member shall participate in the
	 in-service training. The written plan for in-service training must provide for
	 training in the following areas for staff during the first year of
	 employment:
(1) Administrative
  procedures and overall program goals;
(2) Understanding children's emotional needs
  and problems that affect and inhibit their growth;
(3) Family relationships and the impact of
  separation;
(4) Substance abuse,
  its recognition, prevention, and treatment;
(5) Identification and reporting of child
  abuse and neglect;
(6) Principles
  and practices of child care;
(7)
  Behavior management techniques;
(8)
  Use of seclusion and personal restraint, if used by the facility;
(9) Emergency and safety procedures;
  and
(10) Cultural sensitivity.
Staff must receive training to become certified in basic first aid and
	 cardiopulmonary resuscitation and must maintain certification throughout
	 employment.
For staff beyond the first year of employment, the plan must provide
	 for competency-based training based on an annual evaluation of the staff
	 member's competencies.
Each staff member must have 24 hours of training annually. The facility
	 shall provide a minimum of 24 hours of planned in-service training annually.
	 The training in behavior management techniques and personal restraint must be
	 from a nationally recognized program.
Staff members shall complete an orientation course within one month
	 after they are hired. The facility may consider the orientation course a part
	 of the required 24 hours of in-service training. The orientation course must
	 include the facility's functions, services, community resources, and specific
	 job functions.
Supervision of staff members as they perform their routine tasks is not
	 considered in-service training for purposes of this requirement. Participation
	 in training must be documented and kept in the individual's personnel
	 file.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:42 - Regulatory Administration › Chapter 67:42:07 - Group care centers for minors › Section 67:42:07:04.01 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Reasonable and prudent parent standard, §
											67:42:01:01(12).
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 67:42:07:05 - 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 one month after admission. The development of the treatment plan
	 must involve the child in care, the facility staff working with the child, the
	 placement agency, and if appropriate, the parent or guardian. The treatment
	 plan must contain the following:
(1)
  An assessment of the child's needs and strengths, including implementation of
  the reasonable and prudent parent standard;
(2) Treatment goals for the child and family,
  including a description of how family and aftercare services will be provided,
  and projected times for achieving goals; and
(3) A discharge plan that includes the
  projected length of stay and the conditions under which the child will be
  discharged.
A shelter care facility that does not provide short-term assessment
	 services is exempt from the requirement for establishing a written case
	 treatment plan.
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 67:42:07:07 - Staff qualifications - 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.
An employee must be at least 18 years of age and may not have on record
	 a substantiated report of child abuse or neglect. An employee who is under the
	 age of 21 must be under the direct supervision of an experienced child care
	 staff member who is at least 21 years of age and must be at least three years
	 older than any child the employee supervises.
An employee must demonstrate a capacity to carry out the duties of the
	 employee's job description.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Report to social services -- Content, SDCL
		26-8A-10.
Fair hearings, ch 67:17:02.
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 67:42:07 - Group care centers for minors › Section 67:42:07:09 - Personnel record

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall maintain a personnel record on each employee and
	 volunteer. The record must include the employee's or volunteer's educational
	 background, job description, previous work history, annual performance
	 appraisals together with the employee's or volunteer's comments on the
	 appraisal, a record of orientation and in-service training, the annual
	 assessment of training needs, documentation of the provider's contact with
	 references, verification of screening for substantiated reports of child abuse
	 or neglect and verification that a criminal record check was completed.
The facility shall 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. 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.
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 67:42:07:10 - Health care of children

Current through Register Vol. 51, page 10, July 15, 2024
If a child is in care for 30 days or longer, the facility shall
	 maintain the following health information in the child's record:
(1) A record of a physical examination made
  within twelve months before or 30 days after admission;
(2) A written, continuing health and medical
  history including illnesses, hospitalization, and surgery;
(3) A record of current immunizations against
  diphtheria, whooping cough, tetanus, polio, measles, mumps, and
  rubella;
(4) Reports of dental and
  hearing examinations and treatments; and
(5) A signed authorization for regular and
  emergency medical and surgical care and for securing any medical reports. The
  facility shall obtain this authorization at the time the child is placed into
  the facility.
General Authority:
SDCL
		26-6-16.
Law Implemented:
SDCL
		26-6-16.
Tests and immunizations for communicable diseases required for
		admission to school -- Exceptions -- Rules, SDCL
		13-28-7.1.