South Dakota Childcare Licensing
South Dakota Childcare License Exemption Threshold (2026)
Before you can legally care for children for pay in South Dakota, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. A provider caring for 12 or fewer children who does not receive compensation from public funds may choose whether or not to register, so registration is exempt up to 12 children at any one time (a count that includes the provider's own children under age six living in the home); registration becomes legally mandated once the provider receives compensation from public funds, per SD DSS "Registered Family Day Care" and SDCL 26-6-14.1 / 26-6-14.2 (Ch. 26-6).
Last updated: April 2026
Researched by the TotReady Research TeamSouth Dakota License Exemption Threshold: The Specifics
A provider caring for 12 or fewer children who does not receive compensation from public funds may choose whether or not to register, so registration is exempt up to 12 children at any one time (a count that includes the provider's own children under age six living in the home)
a count that includes the provider's own children under age six living in the home
registration becomes legally mandated once the provider receives compensation from public funds, per SD DSS "Registered Family Day Care" and SDCL 26-6-14.1 / 26-6-14.2 (Ch. 26-6).
Ch. 26-6
A family day care provider may care for up to 12 children in the provider's home
the same text appears at ARSD 67:42:17:21 in the Cornell LII edition
with only one provider present no more than 4 of the 12 children may be under age two (and no more than 3 of those 4 may be under age one), while if a family day care assistant is present no more than 8 of the 12 children may be under age two
and no more than 3 of those 4 may be under age one
the provider's own children under age six are included in the total capacity and ratio, per ARSD 67:42:17:23 (the same text appears at ARSD 67:42:17:21 in the Cornell LII edition
the same text appears at ARSD 67:42:17:21 in the Cornell LII edition
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South Dakota License Exemption Threshold: Frequently Asked Questions
How many children can I care for in South Dakota without a license?
A provider caring for 12 or fewer children who does not receive compensation from public funds may choose whether or not to register, so registration is exempt up to 12 children at any one time (a count that includes the provider's own children under age six living in the home); registration becomes legally mandated once the provider receives compensation from public funds, per SD DSS "Registered Family Day Care" and SDCL 26-6-14.1 / 26-6-14.2 (Ch. 26-6).
What is the penalty for operating unlicensed in South Dakota?
Operating above the South Dakota exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the South Dakota Department of Social Services (DSS), Child Care Services — Office of Licensing and Accreditation (OLA), 700 Governors Drive, Pierre, SD 57501 about the correct credential before you begin.
Does South Dakota offer a voluntary registration for small providers?
Some states let providers below the exemption threshold register voluntarily. Confirm whether South Dakota offers a voluntary registry with the South Dakota Department of Social Services (DSS), Child Care Services — Office of Licensing and Accreditation (OLA), 700 Governors Drive, Pierre, SD 57501.
South Dakota childcare licensing rules are amended regularly. This page is compiled from published South Dakota administrative codes and statutes for informational purposes only — always verify current requirements with the South Dakota Department of Social Services (DSS), Child Care Services — Office of Licensing and Accreditation (OLA), 700 Governors Drive, Pierre, SD 57501 before relying on them. TotReady provides information and document templates, not legal or regulatory advice.