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Home Daycare License Requirements in South Dakota (2026)
Opening a home daycare in South Dakota means getting a family child care home license from the South Dakota Department of Social Services (DSS). Here is exactly what that takes in 2026 — your capacity limit and ratios, the training and background checks, the application steps, and the postings and enrollment forms you need — sourced to the state’s own rules and dated.
In brief — South Dakota
- Licensing agency
- South Dakota Department of Social Services (DSS)
- Program / rule
- Registered Family Day Care Home — a registration certificate, not a license. The certificate is defined by rule as 'the document described in SDCL 26-6-15, which certifies that a provider has met the family day care registration standards' (ARSD 67:42:17:01(3) and (9)), and SDCL 26-6-15 requires that it 'specify the name, location, and the kind of child welfare work the licensee or registrant may undertake, the number of children that can be received and their ages and sex.' Duration is fixed by statute: 'All registration certificates shall be in force for two years from the date of issuance unless revoked as authorized by § 26-6-23. The certificate issued under this chapter may not be assigned or transferred and applies only to the certificate and the location stated in the application and remains the property of the Department of Social Services' (SDCL 26-6-14.2). The operative rules are ARSD chapter 67:42:17, CHILD CARE LICENSING, 50 sections, and every one of the 50 carries the identical provenance line 'Source: 49 SDR 124, effective July 3, 2023' — the chapter has not been amended since it took effect; there is no 2024, 2025 or 2026 amendment in the text served by the Legislature's rule API on 2026-08-24. The chapter replaced the old home-care chapters, which the Article 67:42 table of contents now lists as '67:42:03 Family day care homes, Repealed' and '67:42:04 Group family day care homes, Repealed' — so any guidance still citing 67:42:03 or 67:42:04 is citing a dead chapter. Critically, registration is NOT universally mandatory. DSS's own program sheet states: 'Registration is a voluntary process where the applicants declare their intent to provide family day care and agree to comply with standards that have been established by the Department of Social Services... Registration is legally mandated when a provider receives compensation from public funds. Providers who are not receiving reimbursement from public funds and caring for 12 or fewer children can choose whether they want to be registered or not' (Registered Family Day Care, dss.sd.gov/docs/childcare/licensing/registered.pdf).
- Maximum group size
- There is no separate group-size number for a registered family day care home. The chapter's group-size rule is captioned and drafted for other programs — 'Group size -- Center and school-age programs. Maximum group sizes are determined by individual room capacity and all space used must be approved for care by the department' (ARSD 67:42:17:19) — and the family day care rule is a single combined provision, 'Supervision, ratios and group size -- Family day care' (ARSD 67:42:17:23), which sets only the twelve-child total plus the under-two and under-one sub-caps. So in practice the effective ceiling is: the number printed on the registration certificate (SDCL 26-6-15), never more than twelve at any one time counting the provider's own children under six (ARSD 67:42:17:23; SDCL 26-6-14.1), plus at most two additional school-age or emergency children under SDCL 26-6-15.1 who must still be counted in the ratios. Nothing in chapter 67:42:17 requires a registered home to divide children into groups, to separate age groups, or to get room capacity approved: the plan-approval duty of ARSD 67:42:17:02 falls on 'a center or school-age program' only.
- CPR & first aid
- Yes — required before licensure
- Last verified
- 2026-08-24
Who needs a license — home types in South Dakota
South Dakota separates home-based care into three statutory boxes, and the dividing line is a head count that always includes the provider's own young children. (1) FAMILY DAY CARE (registered): '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' (SDCL 26-6-14.1). Note the words 'paid for directly or indirectly out of public funds' sit inside the DEFINITION, not merely in an exemption clause. (2) UNREGISTERED FAMILY DAY CARE — a real statutory category, not a loophole: 'unregistered family day care means the 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, without payment directly or indirectly of any public funds.
An unregistered family day care home may not provide care for more than twelve children at any one time including children under six living in the home' (SDCL 26-6-14.8). The 12-child ceiling therefore applies to the private-pay home too, even though no certificate is issued. (3) GROUP FAMILY DAY CARE HOME (licensed, not registered): 'the providing of group care and supervision of children on a regular basis for part of a day as a supplement to regular parental care, with or without compensation, for thirteen to twenty children, including children under the age of six living in the home and children from more than one unrelated family received for day care, in any facility, including a family home' (SDCL 26-6-14(5)); at twenty-one or more it becomes a day care center (SDCL 26-6-14(3)). Rule 67:42:17:01(1) folds the group family day care home into 'center program', so a 13-to-20-child home is regulated with center ratios, not family day care ratios. Outside all of this: care by a relative and 'casual care of children', i.e. work 'which does not exceed twenty sitter hours rendered to not more than six children per week' (SDCL 26-6-27); school-board care for enrolled students' children (SDCL 26-6-1.1); and informal or in-home providers, who 'are exempt from licensure or registration' but must meet health and safety rules to be paid by Child Care Assistance (DSS In-Home and Informal sheet).
How many children you can care for in South Dakota
TWELVE children at any one time, including the provider's own children under six who live in the home. The rule: 'A family day care provider may care for up to twelve children in the provider's home... A family day care provider's own children, if under the age of six, must be included in the total capacity and ratio' (ARSD 67:42:17:23). The statute says the same thing from the registration side: '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' (SDCL 26-6-14.1), and the identical ceiling is imposed on the unregistered private-pay home by SDCL 26-6-14.8. OWN CHILDREN: the guide draws the line explicitly — 'A family day care provider's own children six years of age and older do not have to be counted in the capacity and ratio as they require less supervision and have their own space in the home' (p. 20). THE TWO EXTRA CHILDREN — the single most-missed South Dakota provision. SDCL 26-6-15.1 allows care ABOVE the registered number: 'In addition to the number of children for which a family day care home, group family day care home, or day care center is registered or licensed to provide care pursuant to § 26-6-15, the facility may care for the following numbers of children, if the children are of school age, beyond the grade of kindergarten, receive services only before or after school hours, or if the additional children are at the facility because of family emergency or special circumstance: (1) Family day care homes--no more than two additional children'.
The department narrows it in the guide (p. 20): the before/after-school use 'does not apply to non-school days including summer', and the emergency use covers 'school cancellation due to weather, emergency situation experienced by the child's regular provider, illness or emergency in child's family, child's parent called unexpectedly to work, emergency foster placement, and fire or natural disaster with child's regular provider. Emergency or special circumstances do not include planned non-school days or school summer vacation.' The statute closes the door on using this as a ratio dodge: 'Any additional children in care pursuant to §§ 26-6-14, 26-6-15.1, and 26-6-15.2 shall be counted in maintaining staff-to-child ratios as prescribed by the Department of Social Services', and the guide repeats 'Staff-child ratios must be followed, including the number of children under the age of two.' The number actually authorised is the one printed on the certificate, which must 'specify... the number of children that can be received and their ages and sex' (SDCL 26-6-15): 'The provider shall ensure the number of children in care at any given time does not exceed the capacity identified on the registration certificate' (guide, p. 18).
Adult-to-child ratios
South Dakota does not publish an age-band ratio table for family day care. It publishes one capacity number plus two sub-caps on the youngest children, and a supervision standard. The whole rule reads: 'A family day care provider may care for up to twelve children in the provider's home. A family day care provider shall, at all times, supervise children by hearing or seeing children and be close enough to intervene. If only one provider is present, no more than four of the children may be under the age of two years, and no more than three of those children may be under the age of one. If a family day care assistant is present, no more than eight children may be under the age of two. A family day care provider's own children, if under the age of six, must be included in the total capacity and ratio' (ARSD 67:42:17:23). Read the second sentence carefully: the three-under-one cap is a subset of the four-under-two cap ('no more than three of THOSE children'), so a solo provider may hold at most 4 children under 2, of whom at most 3 may be under 1. Adding an assistant doubles the under-two allowance to 8 but does not raise the 12-child total and does not, on the face of the rule, change the under-one figure.
WHO COUNTS AS THE SECOND ADULT: an assistant 'must be at least fourteen years old', and one 'under the age of eighteen may be included in the adult-child ratio only if another adult is present in the home' and 'may not be left alone on the premises with children in care' (ARSD 67:42:17:12). The department extends the qualification test to everyone who fills a ratio slot: 'Provider requirements including age, training and background check, must be met by anyone that provides care, is counted in the ratio, or is alone with children. This includes substitutes and volunteers' (Family Child Care guide, March 2026, p. 10). SUPERVISION, in the department's words: 'Supervision in a family day care home requires being able to hear or see children at all times and being close enough to intervene when needed. Providers should monitor napping children frequently, especially infants. While a provider is not required to be outside with children, precautions should be taken to keep children safe' (p. 20) — which is the practical difference from a centre, where 'A center provider supervising children must be in the same room with the children or on the playground with the children' (ARSD 67:42:17:20). DO NOT IMPORT THE CENTRE NUMBERS: ARSD 67:42:17:21 (5:1 under three, 10:1 for three through four, 15:1 for five and over) and the mixed-age rule 67:42:17:22 are captioned 'Center and school-age program ratio' and apply to a home only once it crosses 13 children and becomes a licensed group family day care home under SDCL 26-6-14(5), which ARSD 67:42:17:01(1) classifies as a 'center program'.
At night the home is treated more leniently than a centre: 'Family day care providers must be accessible and responsive to children who awaken during the night', with a cot or bed for each child (ARSD 67:42:17:48).
Training you must complete before licensure
Two separate obligations, and the timing rule is often misread. ARSD 67:42:17:17 sets a 90-day deadline AND a before-you-are-alone-with-children deadline: 'All providers shall, within ninety days after the date of employment, complete and obtain documentation of orientation training in the following areas: (1) Prevention and control of infectious diseases; (2) Prevention of sudden infant death syndrome and the 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 allergies and other 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 biological contaminants; (9) Precautions in transporting a child, if the program provides transportation; (10) Recognition and reporting of child abuse and neglect; (11) Pediatric first aid; (12) Pediatric cardiopulmonary resuscitation; and (13) Child development.'
Then: 'Before a provider may care for children without supervision, the provider must complete orientation training in each of the areas listed in this section.' The registered provider who is the sole adult in the home therefore has no usable 90-day grace period — the 90 days only helps an assistant or substitute who can work supervised. FIRST AID AND CPR are a standalone rule: 'A provider shall complete pediatric first aid training every five years and maintain documentation of the training. A provider must be certified in pediatric cardiopulmonary resuscitation. The certification must include a hands-on skills test. A provider shall work under supervision until the provider has completed the training required by this section. The supervisor shall have completed their pediatric first aid training and be certified in pediatric cardiopulmonary resuscitation' (ARSD 67:42:17:46). The department accepts blended delivery — 'An online study that includes an in-person demonstration and skills test is acceptable' — requires the certificate to say 'pediatric', and adds that 'Since medical emergencies can occur during transportation activities, training is also required for drivers unless other providers are in the vehicle' (Family Child Care guide, March 2026, pp. 72-73). AGE: 'All providers shall be at least eighteen years of age' (ARSD 67:42:17:10); an assistant 'must be at least fourteen years old' (67:42:17:12). PORTABILITY: 'Once completed, orientation training is not required if the provider changes employment.
However, verification of all orientation training certificates needs to be on file with the new provider' (guide, p. 15). Substitutes and volunteers counted in the ratio or having unsupervised contact 'are considered to be providers and must meet orientation training requirements' (guide, p. 15).
Ongoing (annual) training
SIX hours a year for a family day care provider counted in the ratios — half the ten hours a centre director or provider owes. The rule: 'All providers must obtain annual training in the topic areas identified in 45 C.F.R. § 98.41, in effect on September 30, 2016, or as identified by the department. Training must be documented and relevant to the provider's position as determined by the department. Training may include on-site or online classes. Pediatric cardiopulmonary resuscitation renewal may not be included in annual training. Each director and provider of center and school-age programs counted in staff-child ratios shall complete ten hours of annual training. Each provider of family day care counted in staff-child ratios shall complete six hours of annual training. Orientation training hours qualify as annual training hours for each provider in the year the training was completed. Every five years, all providers shall complete additional, advanced training in each of the training areas listed in § 67:42:17:17' (ARSD 67:42:17:18). The department's clarifications sharpen several traps (Family Child Care guide, March 2026, pp. 16-17): the year is yours to define — 'The annual professional development training requirement timeframe is determined by the provider, i.e., calendar year or fiscal year or school year'; 'Employees working in homes which only operate during the summer months and regular substitutes must complete four hours of annual training.
Occasional substitutes are only required to maintain current CPR certification and Advanced Level II health and safety training, in addition to meeting the orientation training requirement.' THE PROGRESSIVE LADDER goes further than the rule text alone suggests: 'Advanced Level II training in the health and safety topics covered initially during orientation training must be obtained by providers, assistants, and substitutes five years after they initially completed orientation training. If a provider changes jobs, they still must meet the 5 year timeframe regardless of when they changed employment. In addition, Level III Health & Safety Training must be completed within ten years of completing the initial orientation training' (guide, p. 16) — the ten-year Level III step appears in the guide and on form OLA-101, not in ARSD 67:42:17:18. CPR renewal hours never count again: 'Pediatric CPR training hours may be counted initially as part of orientation training, but training hours to renew CPR certification in subsequent years are not counted toward the annual training requirement.' Documentation lives on OLA-101 (orientation plus Level II and Level III due dates) and on OLA-105, the Child Care Provider Training Record.
Part-time does not reduce it: 'All providers, regardless of the hours worked, must meet the six-hour annual training requirement.' College credit counts at 15 hours per credit hour; 'Watching videos, reading materials, or other passive methods of training will not be counted toward annual training requirements' (guide, pp. 16-17).
Background checks
The rule text: 'All child care providers, program employees age fourteen and older, and family day care household members age eighteen and older, shall meet federal background check requirements. An individual may not provide care, or work in a child care setting, if the individual's background check reveals: (1) A crime that indicates harmful behavior towards children; (2) A crime of violence, as defined in SDCL 22-1-2, or in a similar statute from another state; (3) A sex crime pursuant to SDCL chapters 22-22 or 22-24A, SDCL 22-22A-3, or similar statutes from another state; (4) A felony conviction for domestic abuse, physical assault, battery, kidnapping, or arson; (5) Any other felony conviction, within the preceding five years; or (6) A substantiated report of child abuse or neglect. A family day care provider may not provide care in the provider's home, if any household member's background check reveals any item listed in this section. A background check is required at least once every five years' (ARSD 67:42:17:13, cross-referencing 45 C.F.R. § 98.43(a)(1)(i)). The department widens the circle beyond the literal text: 'Background checks are required for family day care providers, family day care assistants and substitutes, household members 18 years of age and older, and persons in the home having unsupervised access to children in care including volunteers' (Family Child Care guide, March 2026, p. 7). Four additional disqualifiers are procedural: a person is ineligible if they 'do not have a cleared background screening; refuse to consent to a background check; knowingly make false statements in connection with the background check; or are registered or required to be registered on a state sex offender registry' (same page).
COST: the state pays — 'Providers do not need to submit payment if there is a fee indicated. DSS will pay any fees required.' PORTABILITY: 'If the provider or assistant had a background check within the past five years with another licensed or registered provider, and there has been a lapse of no more than 180 days between employment with a child care program, the provider can request a copy of the background screening eligibility notification when submiting a background check request via the Provider Portal.' The statutory floor is harsher than the rule and carries criminal penalties: a person convicted of child abuse under ch. 26-10, a sex offense under ch. 22-22, or any other felony within the preceding five years, or whose name is on the sex offender registry or the central registry, may not be registered to operate a family day care home or even 'Operate an unregistered family day care home as defined in § 26-6-14.8', and failing to report a known violation is a Class 1 misdemeanor (SDCL 26-6-14.10); merely residing or working in such a home is itself a Class 1 misdemeanor (SDCL 26-6-14.11). COMPONENTS (background_screening.aspx): SD criminal registry and FBI check (both fingerprint-based), SD sex offender registry, SD child abuse and neglect registry, NCIC; plus, per state lived in as an adult in the past five years, a central registry, criminal and sex offender check.
The application, step by step
Work through these in order — the prep packet turns them into a checklist you can tick off:
- Decide first whether you are legally required to register at all. Registration is mandatory only where public money pays for the care: 'the rules and the registration required by § 26-6-14.1 do not apply to family day care homes providing services not paid for directly or indirectly out of public funds' (SDCL 26-6-14.2). DSS restates it as a choice: 'Providers who are not receiving reimbursement from public funds and caring for 12 or fewer children can choose whether they want to be registered or not' (registered.pdf). Registering anyway is what makes you payable by Child Care Assistance.
- Confirm your tier by counting heads the way the statute counts them. Twelve or fewer, including your own children under six living in the home, is family day care (SDCL 26-6-14.1; SDCL 26-6-14.8 for the private-pay version). Thirteen to twenty is a group family day care home, which must be LICENSED as a child welfare agency (SDCL 26-6-14(5)); ARSD 67:42:17:01(1) treats it as a 'center program'. Twenty-one or more is a day care center (SDCL 26-6-14(3)).
- Open the file through the OLA Constituent Portal at https://olapublic.sd.gov/child-care/, using 'Become a Provider'. There is no downloadable registration application: SDCL 26-6-14.2 says only that 'Application for registration for operation of a family day care home shall be made on forms provided by the Department of Social Services and in the manner prescribed by the department', and DSS directs applicants to 'visit our Office of Licensing & Accreditation Constituent Portal to start the licensing process' (registered.pdf). Telephone your district office first if you want a named specialist (districts.aspx).
- File the background-check requests in the OLA Provider Portal for yourself, every household member aged 18 or older, every assistant or substitute, and every volunteer with unsupervised access, uploading OLA-103 and the Permission to Screen form for each person (ARSD 67:42:17:13). Get fingerprinted first — 'The digital live scan print option is the preferred method to expedite results' — and mail out-of-state screening forms for every state anyone has lived in as an adult in the past five years to OLA, 700 Governor's Drive, Pierre, SD 57501 (guide, pp. 7-8). DSS pays the fees. One disqualifying household result closes the home: 'A family day care provider may not provide care in the provider's home, if any household member's background check reveals any item listed in this section.'
- Complete orientation training in all thirteen topic areas of ARSD 67:42:17:17 before you are ever alone with children — 'Before a provider may care for children without supervision, the provider must complete orientation training in each of the areas listed in this section.' The state's free 'Orientation to Child Care' course covers everything except pediatric CPR (guide, p. 16). Record the dates on OLA-101, which also fixes your Level II (five-year) and Level III (ten-year) due dates.
- Obtain pediatric first aid training and a pediatric CPR certification that 'must include a hands-on skills test' (ARSD 67:42:17:46). Until both are done you may only 'work under supervision', and the supervisor must themselves hold both. Check that the certificate literally says 'pediatric' — that is what the inspector looks for (guide, p. 73).
- Bring the house up to the fire-safety standard written specifically for homes in ARSD 67:42:17:37: a working smoke detector on each level; a fully charged portable extinguisher with a minimum 2A rating in or within fifteen feet of the kitchen; a carbon monoxide detector installed per manufacturer instructions if a fuel-burning appliance is present; and on each level 'at least two remote exits that shall remain clear of obstructions. One of these exits must be a standard-sized door, and the other may be either a standard-sized door or an unobstructed, operable window, having at least five square feet of openable space, with a minimum width of twenty inches and a minimum height of twenty-four inches'; plus any space heater, wood stove or fireplace in use must be inaccessible to children. Make the hazards inaccessible too — firearms, pellet/BB/cap guns, matches and lighters, tobacco, choking and strangulation hazards, tippable items and unrailed platforms over thirty inches (ARSD 67:42:17:38) — and for a family day care 'unused electrical outlets must have an outlet plug cover, have a tamper-resistant cover, or be made inaccessible to a child' (67:42:17:39).
- Write the emergency preparedness and response plan before the inspection: a written plan for natural disaster or man-caused emergencies, a written plan for evacuation, relocation, shelter-in-place or lock-down 'that includes accommodations for infants, toddlers, and children with disabilities or medical conditions', a written procedure for communication and reunification with parents, and a written procedure for continuity of operations (ARSD 67:42:17:43). Use OLA-113 as the template if you like. Note the same rule exempts you from insurance: 'Except for family day care, all child care providers shall have liability insurance.'
- Build the paper files. Per child (ARSD 67:42:17:42): name and date of birth, parent name and telephone, emergency contact, parental permission for emergency medical treatment, authorised pick-up persons, health information including allergies or special needs, a current immunization record, parental permission for medication, attendance records, and enrolment start and end dates — reviewed and updated annually. Per employee (67:42:17:15): name and date of birth, employment dates, orientation and annual training documentation, background-check results, and a signed statement defining child abuse and neglect and setting out the duty to report under SDCL 26-8A-3 and 26-8A-8. The guide adds that in family day care 'the only child records that are required of a provider's own children are immunization records for children who are under the age of six or not enrolled in school' (p. 81). Immunization documentation must be in hand before any child is admitted (ARSD 67:42:17:24); OLA-106 carries the religious exemption.
- Receive the decision and start the clock. 'The department shall, within sixty days after receiving a completed application, provide to the applicant written notice of the department's approval or denial of licensure or registration' — and the guide warns 'the timeframe of 60 days begins only after the provider has submitted a completed application with all necessary documentation' (ARSD 67:42:17:02; guide, p. 3). Denied applicants 'may reapply after taking corrective action', and a fair hearing under ch. 67:17:02 must be requested in writing within 30 days (ARSD 67:42:17:50; guide, p. 4). Once issued, the certificate runs two years, cannot be transferred, and covers only the stated location (SDCL 26-6-14.2).
- Plan for the two-year cycle from day one. The certificate 'shall be in force for two years from the date of issuance unless revoked as authorized by § 26-6-23', may not be assigned or transferred, and covers only the stated location (SDCL 26-6-14.2) — so a move means a new application, and a change of address, household composition, or condition of the home must be reported within twenty-four hours (ARSD 67:42:17:06). Expect one unannounced inspection every year on top of the pre-registration visit (ARSD 67:42:17:03), and note the one-year bar after revocation: 'The provider may not reapply for a license or registration certificate for one year after the date of revocation' (ARSD 67:42:17:05).
What you must post on your walls
- The department's licensing telephone number and website, prominently displayed in the home — the only unconditional posting duty in the chapter: 'A provider shall prominently display the department's licensing telephone number and website in the home or licensed facility' (ARSD 67:42:17:04).
- A weekly menu: 'Providers shall post a weekly menu that indicates meals and snacks to be served that week' (ARSD 67:42:17:30). The department accepts an electronic equivalent — 'The menu should be posted where parents can easily see it or shared electronically' (Family Child Care guide, March 2026, p. 38).
- The registration certificate is not itself a required posting. Unlike a licence, which SDCL 26-6-13 says 'shall be publicly displayed', DSS writes: 'While family day care homes are not required to post their registration certificate, posting an updated certificate will meet this requirement as it includes the DSS licensing telephone number and website' (Family Child Care guide, March 2026, p. 3) — so pinning it up is the simplest way to satisfy ARSD 67:42:17:04.
- The written emergency preparedness and response plan, kept where it can be reached: the plan and its evacuation, relocation, shelter-in-place and lock-down procedures must be in writing and 'communicate[d]... to each individual at the time the individual begins employment' (ARSD 67:42:17:43); the department advises 'Designating a place to keep your plan so that it is available for quick access' (guide, p. 63).
- Dated documentation of drills: 'A provider shall practice the evacuation, shelter-in-place, and lock down procedures... at least twice each calendar year. The provider shall document the dates on which the procedures are practiced' (ARSD 67:42:17:43) — form OLA-111, Emergency Preparedness Drill Log.
- A written care plan for every child with a known food allergy, kept with the child's records: 'A provider shall have a written care plan for each child who has a known food allergy. The plan must contain instructions regarding any food allergens, steps to be taken to avoid that food, and a detailed treatment plan to be implemented if the child has an allergic reaction' (ARSD 67:42:17:29) — form OLA-118.
- The signed child-abuse statement in each employee file, which must define child abuse and neglect, set out 'the employee's responsibility to report all incidents of child abuse or neglect in accordance with SDCL 26-8A-3 and 26-8A-8', and be signed by the employee (ARSD 67:42:17:15(4)) — form OLA-112 supplies the procedure text.
- The plan of correction: 'If the inspection results in a plan of correction, the department shall provide a copy of the plan to any individual upon request' (ARSD 67:42:17:03); after the five-working-day dispute window 'all plans of correction will be published for public viewing unless under review by OLA' (Family Child Care guide, March 2026, p. 4).
- Standing parental access, which functions like a posted right: 'A parent must be allowed to observe their child or children at any time' — subject only to a court order the provider has been given a copy of, in which case 'the provider shall deny access to the parent' (ARSD 67:42:17:49).
- Nothing else may be posted about a child: 'A child's records, photographs, and information about a child or the child's family may not be shared or publicly posted, unless the parent signs a consent form' (ARSD 67:42:17:16) — so a photo wall or a Facebook page needs written parental consent.
Enrollment forms for each child
- Family day care registration application — no public form number exists. SDCL 26-6-14.2 requires only that 'Application for registration for operation of a family day care home shall be made on forms provided by the Department of Social Services and in the manner prescribed by the department', and DSS routes applicants to the OLA Constituent Portal 'to start the licensing process' (registered.pdf). Used once, at application.
- OLA-103, Child Care Declaration of Prior Criminal Conviction and Military History — uploaded in the Provider Portal for the provider and for every person screened; required for the background check under ARSD 67:42:17:13 (Family Child Care guide, March 2026, p. 8). https://dss.sd.gov/formsandpubs/docs/CCS/OLA-103_ChildCareDeclarationofPriorCriminalConviction.pdf
- Permission to Screen for Reports of Abuse or Neglect (DSS-OLA Background Screening Information and Authorization) — the separate consent needed for the Central Registry component of the check, submitted to DSSCRS@state.sd.us; required for provider, household members 18+, assistants and substitutes (ARSD 67:42:17:13; background_screening.aspx). https://dss.sd.gov/formsandpubs/docs/CCS/DSS-OLA_BackgroundScreeningInfoAuth.pdf
- OLA-100, Interstate Background Check Request Form — used when the provider, a household member 18+, or an assistant has lived outside South Dakota as an adult in the past five years; mailed to OLA, 700 Governor's Drive, Pierre, SD 57501 (guide, p. 8; ARSD 67:42:17:13).
- OLA-101, Orientation and Ongoing Health and Safety Training Form — tracks the thirteen orientation topics of ARSD 67:42:17:17 with the 90-day due date, the Level II due date ('Within 5 years of completion of the orientation training') and the Level III due date ('Within 10 years'). Filed for each provider, assistant and substitute. https://dss.sd.gov/formsandpubs/docs/CCS/OLA-101.pdf
- OLA-105, Child Care Provider Training Record — the annual log against the six-hour family day care requirement of ARSD 67:42:17:18, pre-printed with the professional development categories including Pediatric First Aid and Pediatric CPR. https://dss.sd.gov/formsandpubs/docs/CCS/OLA-105.pdf
- OLA-102, Application for Admission to Child Care — the sample child information form that carries most of what ARSD 67:42:17:42 requires plus the written transportation permission of 67:42:17:45(1); used at each child's enrolment (guide, p. 69). https://dss.sd.gov/formsandpubs/docs/CCS/OLA-102_APPLICATION_FOR_ADMISSION_TO_CHILD_CARE.pdf
- OLA-104, Daily Attendance Form (printed as 'Child Attendance Record', Effective 1/24) — 'Attendance must be recorded in accordance with ARSD 67:42:17:42... Attendance records should include all children in care including providers' own children', with the parent signing daily; also serves as Child Care Assistance documentation, for which attendance must be kept four years (guide, p. 81). https://dss.sd.gov/formsandpubs/docs/CCS/OLA-104.pdf
- OLA-106, Immunization Affidavit — used for the religious-adherence exemption from the immunization levels required before admission by ARSD 67:42:17:24. https://dss.sd.gov/formsandpubs/docs/CCS/OLA-106_Family_Daycare_Immunization_Affidavit_Form.pdf
- OLA-107, Medication Administration Form — combines the parental permission and the administration log required by ARSD 67:42:17:27 (child's name, medication name, dates, times, dosage; then dose, time, date and administering person, retained at least six months). https://dss.sd.gov/formsandpubs/docs/CCS/OLA-107_Medication_Administration_Form.pdf
- OLA-118, Written Care Plan for a Child with Allergies — the written plan ARSD 67:42:17:29 requires for each child with a known food allergy. https://dss.sd.gov/formsandpubs/docs/CCS/OLA-118.pdf
- OLA-112, Procedures for Identifying Child Abuse and Neglect, and OLA-108, Parent Agreement — OLA-112 supplies the signed employee statement on defining and reporting abuse required by ARSD 67:42:17:15(4); OLA-108 is the sample parent contract. OLA-114 and OLA-116 (floor plan review) are centre and school-age forms with no place in a family day care file (ARSD 67:42:17:02 imposes plan approval only on 'a center or school-age program').
What's specific about getting licensed in South Dakota
South Dakota's defining trap is that home-based family child care registration is triggered by MONEY, not by the number of children. Under SDCL 26-6-14.1 the very definition of 'family day care' is care 'paid for directly or indirectly out of public funds,' and SDCL 26-6-14.2 expressly states the rules and registration 'do not apply to family day care homes providing services not paid for directly or indirectly out of public funds.' So a strictly private-pay home caring for 12 or fewer children is not required to register at all. In practice almost anyone building a real business registers voluntarily, because registration is the gateway to receiving SD Child Care Assistance subsidy payments and to advertising as a 'registered' provider. The second SD-specific twist: the moment you take a 13th child you are no longer a 'family day care home' — you become a group family day care home, a LICENSED child welfare agency category (SDCL 26-6-14(5)) governed by center-style ratios (67:42:17:21) instead of the 12-child family rule (67:42:17:23).
Common mistakes when getting licensed in South Dakota
Your own kids under 6 eat into your 12 slots
The 12-child cap includes your own children under age 6 who live in the home, and those children must also be counted in the under-2 and under-1 ratio sub-limits (SDCL 26-6-14.1; ARSD 67:42:17:23). A provider with two toddlers of their own can legally enroll far fewer paying children than the headline '12' suggests.
The infant sub-limits are the real ceiling, not the '12'
With one provider you may have at most 4 children under age 2 and no more than 3 of those under age 1; a family day care assistant raises the under-2 limit only to 8. Marketing yourself as an 'infant' home and filling all 12 slots with babies is a violation even though you are under the 12-child cap (ARSD 67:42:17:23).
Every adult in the house gets background-checked — and one bad result closes you
Not just you: every household member age 18+ must clear a federal background check, and if any of them has a disqualifier you may not operate the home at all (ARSD 67:42:17:13). A spouse's or adult child's record can sink the registration, and checks must be redone at least every 5 years.
CPR renewals don't count toward your 6 annual training hours
Family day care providers owe 6 hours of annual training, but pediatric CPR renewal is explicitly excluded from those hours, and every 5 years you must also complete advanced training in all 13 orientation topics plus renew pediatric first aid (ARSD 67:42:17:18, :46). Providers routinely assume CPR 'counts' and fall short.
How long it takes and what it costs in South Dakota
Timeline: Plan on roughly 4–10 weeks from application to certificate for a first-time registered family day care home. The pacing is driven by (1) federal background-check turnaround for you and every household member 18+, (2) scheduling and passing the DSS pre-licensure on-site inspection, and (3) finishing orientation training plus pediatric CPR/first aid before you can care for children unsupervised. DSS must give written approval or denial within 60 days of a completed application (ARSD 67:42:17:02). The registration certificate, once issued, is valid for 2 years (SDCL 26-6-14.2), with at least one unannounced inspection each year (67:42:17:03).
Cost: No family-day-care registration fee is published in ARSD ch. 67:42:17 or SDCL ch. 26-6 — confirm current fees with the DSS Division of Child Care Services (800-227-3020). Real out-of-pocket costs are for the CCDF/federal background checks (fingerprinting fee varies — confirm with DSS/the SD background-check vendor) and pediatric CPR/first aid certification (typically ~$50–$100 per person; varies by provider).
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Build my South Dakota packet →South Dakota home daycare licensing — FAQ
How many children can I care for in a South Dakota home daycare?
TWELVE children at any one time, including the provider's own children under six who live in the home. The rule: 'A family day care provider may care for up to twelve children in the provider's home... A family day care provider's own children, if under the age of six, must be included in the total capacity and ratio' (ARSD 67:42:17:23). The statute says the same thing from the registration side: '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' (SDCL 26-6-14.1), and the identical ceiling is imposed on the unregistered private-pay home by SDCL 26-6-14.8. OWN CHILDREN: the guide draws the line explicitly — 'A family day care provider's own children six years of age and older do not have to be counted in the capacity and ratio as they require less supervision and have their own space in the home' (p. 20). THE TWO EXTRA CHILDREN — the single most-missed South Dakota provision. SDCL 26-6-15.1 allows care ABOVE the registered number: 'In addition to the number of children for which a family day care home, group family day care home, or day care center is registered or licensed to provide care pursuant to § 26-6-15, the facility may care for the following numbers of children, if the children are of school age, beyond the grade of kindergarten, receive services only before or after school hours, or if the additional children are at the facility because of family emergency or special circumstance: (1) Family day care homes--no more than two additional children'.
The department narrows it in the guide (p. 20): the before/after-school use 'does not apply to non-school days including summer', and the emergency use covers 'school cancellation due to weather, emergency situation experienced by the child's regular provider, illness or emergency in child's family, child's parent called unexpectedly to work, emergency foster placement, and fire or natural disaster with child's regular provider. Emergency or special circumstances do not include planned non-school days or school summer vacation.' The statute closes the door on using this as a ratio dodge: 'Any additional children in care pursuant to §§ 26-6-14, 26-6-15.1, and 26-6-15.2 shall be counted in maintaining staff-to-child ratios as prescribed by the Department of Social Services', and the guide repeats 'Staff-child ratios must be followed, including the number of children under the age of two.' The number actually authorised is the one printed on the certificate, which must 'specify... the number of children that can be received and their ages and sex' (SDCL 26-6-15): 'The provider shall ensure the number of children in care at any given time does not exceed the capacity identified on the registration certificate' (guide, p. 18).
What are the adult-to-child ratios for a home daycare in South Dakota?
South Dakota does not publish an age-band ratio table for family day care. It publishes one capacity number plus two sub-caps on the youngest children, and a supervision standard. The whole rule reads: 'A family day care provider may care for up to twelve children in the provider's home. A family day care provider shall, at all times, supervise children by hearing or seeing children and be close enough to intervene. If only one provider is present, no more than four of the children may be under the age of two years, and no more than three of those children may be under the age of one. If a family day care assistant is present, no more than eight children may be under the age of two. A family day care provider's own children, if under the age of six, must be included in the total capacity and ratio' (ARSD 67:42:17:23). Read the second sentence carefully: the three-under-one cap is a subset of the four-under-two cap ('no more than three of THOSE children'), so a solo provider may hold at most 4 children under 2, of whom at most 3 may be under 1. Adding an assistant doubles the under-two allowance to 8 but does not raise the 12-child total and does not, on the face of the rule, change the under-one figure.
WHO COUNTS AS THE SECOND ADULT: an assistant 'must be at least fourteen years old', and one 'under the age of eighteen may be included in the adult-child ratio only if another adult is present in the home' and 'may not be left alone on the premises with children in care' (ARSD 67:42:17:12). The department extends the qualification test to everyone who fills a ratio slot: 'Provider requirements including age, training and background check, must be met by anyone that provides care, is counted in the ratio, or is alone with children. This includes substitutes and volunteers' (Family Child Care guide, March 2026, p. 10). SUPERVISION, in the department's words: 'Supervision in a family day care home requires being able to hear or see children at all times and being close enough to intervene when needed. Providers should monitor napping children frequently, especially infants. While a provider is not required to be outside with children, precautions should be taken to keep children safe' (p. 20) — which is the practical difference from a centre, where 'A center provider supervising children must be in the same room with the children or on the playground with the children' (ARSD 67:42:17:20). DO NOT IMPORT THE CENTRE NUMBERS: ARSD 67:42:17:21 (5:1 under three, 10:1 for three through four, 15:1 for five and over) and the mixed-age rule 67:42:17:22 are captioned 'Center and school-age program ratio' and apply to a home only once it crosses 13 children and becomes a licensed group family day care home under SDCL 26-6-14(5), which ARSD 67:42:17:01(1) classifies as a 'center program'.
At night the home is treated more leniently than a centre: 'Family day care providers must be accessible and responsive to children who awaken during the night', with a cot or bed for each child (ARSD 67:42:17:48).
What training do I need to run a home daycare in South Dakota?
Before you can be licensed: Two separate obligations, and the timing rule is often misread. ARSD 67:42:17:17 sets a 90-day deadline AND a before-you-are-alone-with-children deadline: 'All providers shall, within ninety days after the date of employment, complete and obtain documentation of orientation training in the following areas: (1) Prevention and control of infectious diseases; (2) Prevention of sudden infant death syndrome and the 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 allergies and other 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 biological contaminants; (9) Precautions in transporting a child, if the program provides transportation; (10) Recognition and reporting of child abuse and neglect; (11) Pediatric first aid; (12) Pediatric cardiopulmonary resuscitation; and (13) Child development.'
Then: 'Before a provider may care for children without supervision, the provider must complete orientation training in each of the areas listed in this section.' The registered provider who is the sole adult in the home therefore has no usable 90-day grace period — the 90 days only helps an assistant or substitute who can work supervised. FIRST AID AND CPR are a standalone rule: 'A provider shall complete pediatric first aid training every five years and maintain documentation of the training. A provider must be certified in pediatric cardiopulmonary resuscitation. The certification must include a hands-on skills test. A provider shall work under supervision until the provider has completed the training required by this section. The supervisor shall have completed their pediatric first aid training and be certified in pediatric cardiopulmonary resuscitation' (ARSD 67:42:17:46). The department accepts blended delivery — 'An online study that includes an in-person demonstration and skills test is acceptable' — requires the certificate to say 'pediatric', and adds that 'Since medical emergencies can occur during transportation activities, training is also required for drivers unless other providers are in the vehicle' (Family Child Care guide, March 2026, pp. 72-73). AGE: 'All providers shall be at least eighteen years of age' (ARSD 67:42:17:10); an assistant 'must be at least fourteen years old' (67:42:17:12). PORTABILITY: 'Once completed, orientation training is not required if the provider changes employment.
However, verification of all orientation training certificates needs to be on file with the new provider' (guide, p. 15). Substitutes and volunteers counted in the ratio or having unsupervised contact 'are considered to be providers and must meet orientation training requirements' (guide, p. 15). Ongoing training: SIX hours a year for a family day care provider counted in the ratios — half the ten hours a centre director or provider owes. The rule: 'All providers must obtain annual training in the topic areas identified in 45 C.F.R. § 98.41, in effect on September 30, 2016, or as identified by the department. Training must be documented and relevant to the provider's position as determined by the department. Training may include on-site or online classes. Pediatric cardiopulmonary resuscitation renewal may not be included in annual training. Each director and provider of center and school-age programs counted in staff-child ratios shall complete ten hours of annual training. Each provider of family day care counted in staff-child ratios shall complete six hours of annual training. Orientation training hours qualify as annual training hours for each provider in the year the training was completed.
Every five years, all providers shall complete additional, advanced training in each of the training areas listed in § 67:42:17:17' (ARSD 67:42:17:18). The department's clarifications sharpen several traps (Family Child Care guide, March 2026, pp. 16-17): the year is yours to define — 'The annual professional development training requirement timeframe is determined by the provider, i.e., calendar year or fiscal year or school year'; 'Employees working in homes which only operate during the summer months and regular substitutes must complete four hours of annual training. Occasional substitutes are only required to maintain current CPR certification and Advanced Level II health and safety training, in addition to meeting the orientation training requirement.' THE PROGRESSIVE LADDER goes further than the rule text alone suggests: 'Advanced Level II training in the health and safety topics covered initially during orientation training must be obtained by providers, assistants, and substitutes five years after they initially completed orientation training. If a provider changes jobs, they still must meet the 5 year timeframe regardless of when they changed employment.
In addition, Level III Health & Safety Training must be completed within ten years of completing the initial orientation training' (guide, p. 16) — the ten-year Level III step appears in the guide and on form OLA-101, not in ARSD 67:42:17:18. CPR renewal hours never count again: 'Pediatric CPR training hours may be counted initially as part of orientation training, but training hours to renew CPR certification in subsequent years are not counted toward the annual training requirement.' Documentation lives on OLA-101 (orientation plus Level II and Level III due dates) and on OLA-105, the Child Care Provider Training Record. Part-time does not reduce it: 'All providers, regardless of the hours worked, must meet the six-hour annual training requirement.' College credit counts at 15 hours per credit hour; 'Watching videos, reading materials, or other passive methods of training will not be counted toward annual training requirements' (guide, pp. 16-17).
What background checks does South Dakota require?
The rule text: 'All child care providers, program employees age fourteen and older, and family day care household members age eighteen and older, shall meet federal background check requirements. An individual may not provide care, or work in a child care setting, if the individual's background check reveals: (1) A crime that indicates harmful behavior towards children; (2) A crime of violence, as defined in SDCL 22-1-2, or in a similar statute from another state; (3) A sex crime pursuant to SDCL chapters 22-22 or 22-24A, SDCL 22-22A-3, or similar statutes from another state; (4) A felony conviction for domestic abuse, physical assault, battery, kidnapping, or arson; (5) Any other felony conviction, within the preceding five years; or (6) A substantiated report of child abuse or neglect. A family day care provider may not provide care in the provider's home, if any household member's background check reveals any item listed in this section. A background check is required at least once every five years' (ARSD 67:42:17:13, cross-referencing 45 C.F.R. § 98.43(a)(1)(i)). The department widens the circle beyond the literal text: 'Background checks are required for family day care providers, family day care assistants and substitutes, household members 18 years of age and older, and persons in the home having unsupervised access to children in care including volunteers' (Family Child Care guide, March 2026, p. 7). Four additional disqualifiers are procedural: a person is ineligible if they 'do not have a cleared background screening; refuse to consent to a background check; knowingly make false statements in connection with the background check; or are registered or required to be registered on a state sex offender registry' (same page).
COST: the state pays — 'Providers do not need to submit payment if there is a fee indicated. DSS will pay any fees required.' PORTABILITY: 'If the provider or assistant had a background check within the past five years with another licensed or registered provider, and there has been a lapse of no more than 180 days between employment with a child care program, the provider can request a copy of the background screening eligibility notification when submiting a background check request via the Provider Portal.' The statutory floor is harsher than the rule and carries criminal penalties: a person convicted of child abuse under ch. 26-10, a sex offense under ch. 22-22, or any other felony within the preceding five years, or whose name is on the sex offender registry or the central registry, may not be registered to operate a family day care home or even 'Operate an unregistered family day care home as defined in § 26-6-14.8', and failing to report a known violation is a Class 1 misdemeanor (SDCL 26-6-14.10); merely residing or working in such a home is itself a Class 1 misdemeanor (SDCL 26-6-14.11). COMPONENTS (background_screening.aspx): SD criminal registry and FBI check (both fingerprint-based), SD sex offender registry, SD child abuse and neglect registry, NCIC; plus, per state lived in as an adult in the past five years, a central registry, criminal and sex offender check.
Is this legal advice?
No. DaycareLicensePrep gives general information based on each state's published child-care licensing rules, dated to when we last verified them, and is not a guarantee of licensure. Always confirm with your state's licensing agency before applying.
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Source: PRIMARY LAW. Administrative Rules of South Dakota, Article 67:42 (Regulatory Administration), chapter 67:42:17 CHILD CARE LICENSING, all 50 sections, each carrying 'Source: 49 SDR 124, effective July 3, 2023' — read in full on 2026-08-24 via the South Dakota Legislature's rule endpoint https://sdlegislature.gov/api/Rules/67:42:17 (human view: https://sdlegislature.gov/Rules/Administrative/67:42:17). The Article 67:42 table of contents (https://sdlegislature.gov/api/Rules/67:42) was read to confirm that chapters 67:42:03 (Family day care homes) and 67:42:04 (Group family day care homes) are marked Repealed. South Dakota Codified Laws chapter 26-6, Children's Homes and Welfare Agencies, read in full on 2026-08-24 via https://sdlegislature.gov/api/Statutes/Statute/26-6 (human view: https://sdlegislature.gov/Statutes/26-6); the API's LastStatuesEffectiveDate endpoint returned 2026-07-29 for the codified corpus. Sections relied on: 26-6-1.1, 26-6-9, 26-6-11, 26-6-13, 26-6-14, 26-6-14.1, 26-6-14.2, 26-6-14.3, 26-6-14.4, 26-6-14.8, 26-6-14.9, 26-6-14.10, 26-6-14.11, 26-6-15, 26-6-15.1, 26-6-16, 26-6-23, 26-6-23.1, 26-6-23.2, 26-6-24, 26-6-25, 26-6-27. AGENCY DOCUMENTS. 'Guide to Child Care Licensing Rules and Resources for Family Child Care', South Dakota DSS, Effective March 2026, 85 pages — https://dss.sd.gov/docs/childcare/FDC_Handbook.pdf (downloaded and read in full). 'Registered Family Day Care' program sheet — https://dss.sd.gov/docs/childcare/licensing/registered.pdf. 'Licensed Child Care Program' sheet — https://dss.sd.gov/docs/childcare/licensing/Licensed_Day_Care_Center/Licensed_Child_Care_Programs.pdf. 'In-Home and Informal Child Care' sheet — https://dss.sd.gov/docs/childcare/licensing/In-Home_and_Formal_Child_Care/In-Home.pdf.
Child Care Licensing and Registration Information — https://dss.sd.gov/childcare/licensing/. Background Screening — https://dss.sd.gov/childcare/background_screening.aspx. Child Care Licensing Districts — https://dss.sd.gov/childcare/licensing/districts.aspx. OLA Constituent Portal — https://olapublic.sd.gov/child-care/. DSS Forms & Publications index — https://dss.sd.gov/formsandpubs/ (source of the exact OLA form numbers and titles). Forms OLA-100 to OLA-118 and DSS-OLA_BackgroundScreeningInfoAuth.pdf downloaded and checked live on 2026-08-24 under https://dss.sd.gov/formsandpubs/docs/CCS/ — all HTTP 200.
Verified 2026-08-24. General information, not legal advice and not a guarantee of licensure — confirm with your state’s licensing agency before applying.