South Dakota Childcare Licensing Requirements
South Dakota childcare centers must include 13 mandatory sections in parent handbooks per ARSD 67:42:17:41 (Night-time care — only operating-hour-specific rule; chapter 67:42:17 sets no general hours-of-operation requirement. Umbrella: ARSD 67:42:17:01 / SDCL 26-6-16).
Last updated: April 2026
Researched by the TotReady Research TeamRequired Handbook Sections
The following sections must appear in every South Dakota childcare parent handbook per state licensing rules.
| Section | Description | Citation | Status |
|---|---|---|---|
| Hours of Operation | Days and hours the facility is open; holiday closures; late pick-up policy. | ARSD 67:42:17:41 (Night-time care — only operating-hour-specific rule; chapter 67:42:17 sets no general hours-of-operation requirement. Umbrella: ARSD 67:42:17:01 / SDCL 26-6-16) | Required |
| Behavior Guidance and Discipline PolicyGuide → | Positive guidance techniques used; prohibited discipline methods; progressive steps. | ARSD 67:42:17:34 (Prevention of child maltreatment — behavior management strategies and prohibited discipline/corporal punishment) | Required |
| Illness and Exclusion PolicyGuide → | Symptoms requiring exclusion; readmission criteria; communicable disease procedures. | ARSD 67:42:17:22 (Health standards and immunizations for day care children — requires separating an ill child, notifying parents, and notifying the Department of Health of communicable disease) | Required |
| Medication Administration PolicyGuide → | Procedures for administering prescription and non-prescription medications; authorization requirements. | ARSD 67:42:17:25 (Medication administration) and ARSD 67:42:17:26 (Medication storage) | Required |
| Emergency ProceduresGuide → | Fire, severe weather, lockdown, and medical emergency procedures; evacuation routes. | ARSD 67:42:17:36 (Emergency preparedness and response planning — written plan, evacuation/shelter-in-place/lockdown procedures, minimum two drills per calendar year) | Required |
| Arrival and Departure Procedures | Sign-in/sign-out requirements; authorized pick-up persons; late pick-up fees. | ARSD 67:42:17:18 (Supervision and group size — Center and school-age programs; governs supervision including drop-off/pick-up periods. No dedicated sign-in/out rule exists — umbrella citation) | Required |
| Nutrition and Meals Policy | Meals and snacks provided; food allergy procedures; outside food policy. | ARSD 67:42:17:27 (Food and allergic reactions — weekly posted menu, infant feeding, food safety, and written allergy care plans) | Required |
| Parent Communication Policy | Daily report procedures; how to reach staff; parent conference schedule. | ARSD 67:42:17:42 (Parental access — parent observation at any time, immediate notice of serious injury, 24-hour notice of changes in circumstances) | Required |
| Grievance and Complaint Procedure | Steps for resolving concerns; contact for unresolved complaints. | ARSD 67:42:17:43 (Fair hearings — a provider dissatisfied with an action on an application/license/registration may request a fair hearing conducted under ARSD chapter 67:17:02). No dedicated parent-grievance rule exists; complaints about regulated providers are made to OLA under ARSD 67:42:17:03 — closest verified umbrella | Required |
| Child Abuse and Neglect Reporting | Mandatory reporter obligations; reporting procedures; state hotline. | ARSD 67:42:17:40 (Reporting of child abuse and neglect — providers must personally report immediately); mandatory-reporter statutory duty under SDCL 26-8A-3 and 26-8A-8 | Required |
| Enrollment, Fees, and Payment Policy | Enrollment process; tuition rates; payment schedule; refund policy. | ARSD 67:42:17:35 (Required child records — enrollment/health records per child; admission via DSS form OLA-102). No state rule sets parent fees — umbrella citation 67:42:17:35 / SDCL 26-6-16 | Required |
| Health and Safety Policies | Handwashing procedures; diapering; sunscreen; rest time policies. | ARSD 67:42:17:23 (Sanitation requirements) and ARSD 67:42:17:28 (Building requirements); see also ARSD 67:42:17:31 (Construction and fire safety), 67:42:17:32 (Hazardous conditions), and 67:42:17:37 (Handling, storage, and disposal of hazardous materials) | Required |
| Nondiscrimination Policy | Statement of equal access; protected classes covered. | No South Dakota child-care licensing rule in ARSD chapter 67:42:17 addresses nondiscrimination; the closest verified authority is the federal Child Care and Development Fund framework (45 C.F.R. Part 98) applicable to CCDF-funded providers, under statutory authority SDCL 26-6-16 — umbrella citation | Required |
| Transportation Policy | Vehicle safety requirements; car seat policy; authorization procedures. | ARSD 67:42:17:38 (Transportation — vehicle capacity/insurance, age- and weight-appropriate car seat/booster/seat belt restraint for each child, driver qualifications, ratios, parental permission) | Recommended |
| Field Trip Policy | Authorization requirements; supervision ratios during off-site activities. | No dedicated field-trip rule; governed by ARSD 67:42:17:38 (Transportation) and ARSD 67:42:17:18 (Supervision and group size — ratios apply on field trips) — umbrella citation | Recommended |
Staff-to-Child Ratios
South Dakota mandates the following maximum staff-to-child ratios by age group.
| Age Group | Staff-to-Child Ratio |
|---|---|
| Children up to 3 years of age | 5:1 (five children to one provider) — ARSD 67:42:17:19 |
| Children 3 years through 4 years | 10:1 (ten children to one provider) — ARSD 67:42:17:19 |
| Children 5 years and over (school-age) | 15:1 (fifteen children to one provider) — ARSD 67:42:17:19 |
| Mixed-age group, program serving 20 or fewer children | 10:1, with no more than four children under age 2 in the group — ARSD 67:42:17:20 |
| Mixed-age group serving more than 20 children that includes 3 or more children under age 3 | 5:1; otherwise (children 3+ only) the ratio of the age group comprising the majority of the group is maintained — ARSD 67:42:17:20 |
Immunization Requirements
- REQUIRED (per SDCL 13-28-7.1 / SD Dept. of Health, applies to early childhood programs): Diphtheria, Tetanus, Pertussis (DTaP) — 4+ doses
- REQUIRED: Poliovirus (IPV) — 4+ doses
- REQUIRED: Measles, Mumps, Rubella (MMR) — 2 doses
- REQUIRED: Varicella (chickenpox) — 2 doses
- REQUIRED (older entry, age 11/6th grade): Tdap booster and Meningococcal (MCV4)
- RECOMMENDED, not required: Haemophilus influenzae type b (Hib)
- RECOMMENDED, not required: Hepatitis B
- RECOMMENDED, not required: Hepatitis A
- RECOMMENDED, not required: Pneumococcal (PCV)
- RECOMMENDED, not required: Influenza (annual), HPV
- Exemptions: medical contraindication and religious/conscientious objection (Immunization Affidavit, form OLA-106) per ARSD 67:42:17:22
Background Check Requirements
- FBI fingerprint-based national criminal history check (federal)
- South Dakota Division of Criminal Investigation (DCI) state criminal registry check (fingerprint-based)
- South Dakota Central Registry of Child Abuse and Neglect check
- South Dakota Sex Offender Registry check
- National Crime Information Center (NCIC) check
- Out-of-state criminal record, central registry, and sex offender registry screening for any state of residence in the prior 5 years (individuals age 18+)
- Required for licensed/registered, informal, and in-home child care providers, staff, and household members with access to children; in-state screenings repeated at least once every 5 years. Persons on the sex offender registry or central child abuse/neglect registry are prohibited from working/residing in care (SDCL 26-6-14.10, 26-6-14.11)
Inspection Frequency
At least one pre-licensure inspection and at least one annual unannounced inspection by the Department to determine compliance (ARSD 67:42:17:03). Additional visits may occur to verify plans of correction, investigate complaints, or respond to reported incidents. (Construction/fire-safety standards are addressed under ARSD 67:42:17:31; a separate annual fire inspection is not stated in 67:42:17:03.)
Penalties for Non-Compliance
Noncompliance is typically addressed via a plan of correction (ARSD 67:42:17:03). The Department may revoke a license or registration certificate on 30-day written notice — or immediately when necessary to prevent danger to a child's life, health, or safety — after which the provider may not reapply for at least one year (ARSD 67:42:17:05). Operating child care without a required license or registration is a misdemeanor (SDCL 26-6-9). Hindering a monitor (SDCL 26-6-55), retaliatory acts (SDCL 26-6-56), and prohibited-person/background-check violations (SDCL 26-6-14.10, 26-6-14.11) are misdemeanors. A mandatory reporter who intentionally fails to report suspected child abuse or neglect is guilty of a Class 1 misdemeanor — up to one year in jail and/or a $2,000 fine (SDCL 26-8A-3 / 26-8A-8; class penalties per SDCL 22-6-2).
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Frequently Asked Questions
How many sections must be in a South Dakota childcare parent handbook?
South Dakota childcare centers are required to include at least 13 mandatory sections in their parent handbooks per state licensing regulations enforced by the South Dakota Department of Social Services (DSS), Child Care Services — Office of Licensing and Accreditation (OLA), 700 Governors Drive, Pierre, SD 57501.
Who oversees childcare licensing in South Dakota?
Childcare licensing in South Dakota is regulated by the South Dakota Department of Social Services (DSS), Child Care Services — Office of Licensing and Accreditation (OLA), 700 Governors Drive, Pierre, SD 57501. You can find official licensing information at https://dss.sd.gov/childcare/licensing/.
What happens if a South Dakota childcare center doesn't have a compliant handbook?
Non-compliance with South Dakota parent handbook requirements can result in: Noncompliance is typically addressed via a plan of correction (ARSD 67:42:17:03). The Department may revoke a license or registration certificate on 30-day written notice — or immediately when necessary to prevent danger to a child's life, health, or safety — after which the provider may not reapply for at least one year (ARSD 67:42:17:05). Operating child care without a required license or registration is a misdemeanor (SDCL 26-6-9). Hindering a monitor (SDCL 26-6-55), retaliatory acts (SDCL 26-6-56), and prohibited-person/background-check violations (SDCL 26-6-14.10, 26-6-14.11) are misdemeanors. A mandatory reporter who intentionally fails to report suspected child abuse or neglect is guilty of a Class 1 misdemeanor — up to one year in jail and/or a $2,000 fine (SDCL 26-8A-3 / 26-8A-8; class penalties per SDCL 22-6-2).
How often are South Dakota childcare centers inspected?
South Dakota childcare centers are subject to the following inspection schedule: At least one pre-licensure inspection and at least one annual unannounced inspection by the Department to determine compliance (ARSD 67:42:17:03). Additional visits may occur to verify plans of correction, investigate complaints, or respond to reported incidents. (Construction/fire-safety standards are addressed under ARSD 67:42:17:31; a separate annual fire inspection is not stated in 67:42:17:03.)
Detailed South Dakota Requirements
Go deeper on a single South Dakota licensing topic — each page covers the statute-cited specifics for that requirement.
Related Tools
Free tools to help your South Dakota childcare center stay compliant.
Staff-to-Child Ratio Calculator
Enter your enrollment and staff count to verify you meet state ratio requirements.
Open tool →Inspection Checklist
Step-by-step checklist to prepare your center for a state licensing inspection.
Open tool →Free Compliance Check
Answer a few questions about your current handbook and see where you stand.
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