South Dakota Statewide Rule
South Dakota state law: family child care home licensing
Key Facts
- Statute
- SDCL Chapter 26-6
- Regulator
- SD Department of Social Services, Division of Child Care Services
- Family day care threshold
- Up to 12 children (limits on under age 6)
- Local zoning preempted
- No
- Background check required
- Yes (provider + adult household members)
- Administrative Rules
- ARSD Article 67:42
Summary
South Dakota family child care is regulated under SDCL Chapter 26-6 by the South Dakota Department of Social Services Division of Child Care Services. Family child care homes serving up to 12 children must register (and at certain sizes be licensed) with DSS. South Dakota has NOT enacted a statewide preemption of local zoning for in-home daycare (no analog to Colorado HB21-1222), so local zoning continues to govern whether a daycare is a permitted residential use.
For the purposes of this chapter, family day care means providing care and supervision of children from more than one unrelated family, in a family home, on a regular basis for part of a day as a supplement to regular parental care, without transfer of legal custody or placement for adoption, paid for directly or indirectly out of public funds. A family day care home may not be registered for care and supervision of more than twelve children at any one time including children under the age of six living in the home.
Full Breakdown
Per SDCL Chapter 26-6 (Child Welfare and Day Care Services), the South Dakota Department of Social Services Division of Child Care Services administers a tiered registration and licensure scheme for in-home child care. Definitions and tier thresholds: a 'family day care' provides care to up to 12 children in the provider's home (with limits on the number under age 6 including the provider's own children); a 'group family day care' serves a similar count with one additional qualified adult; 'day care centers' serve more children in non-residential or larger settings.
Family day care homes are required to register with DSS under SDCL 26-6-14 and to comply with health, safety, supervision, and background-check requirements set out in SDCL Chapter 26-6 and the implementing Administrative Rules of South Dakota (ARSD Article 67:42). DSS administers fingerprint-based criminal-history checks and child-abuse registry checks for the provider and all adult household members. Local zoning is NOT preempted: South Dakota has not enacted a residential-use classification statute equivalent to Colorado HB21-1222 (which classifies in-home daycare as a permitted residential use statewide).
Each South Dakota municipality and county may treat family child care as a permitted residential use (most jurisdictions), as a conditional or special use requiring a permit, or restrict by license count or child count under SDCL Chapter 11-4 (cities) or SDCL Chapter 11-2 (counties). Refer to both the DSS registration/license requirement under SDCL Chapter 26-6 and your local zoning code.
Violations & Penalties
Operating a family day care or group family day care without required DSS registration or license is enforceable by DSS under SDCL Chapter 26-6 and may constitute a misdemeanor. Local zoning violations are enforced by the city or county. Background-check or supervision failures may result in license revocation and child-welfare investigation.
Frequently Asked Questions
Do I need a license to run a home daycare in South Dakota?
Can my city or county still regulate in-home daycare in South Dakota?
How many children can I care for without state licensing in South Dakota?
Sources
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