You have come to the best place for answers. You see, starting a daycare in South Dakota requires careful planning and adherence to state regulations. If you do not meet these rules, you could be fined or shut down.  These rules are in place to make the children under your care safe!

• Begin by conducting thorough research on the licensing requirements set forth by the South Dakota Department of Social Services, which oversees daycare facilities.
• Develop a comprehensive business plan outlining your services, target market, budget, and marketing strategies.
• Secure suitable premises that comply with zoning laws and provide a safe environment for children.
• Obtain necessary permits and licenses, including childcare provider certification and background checks for staff.
• Invest in liability insurance to protect your business and clients.
• Additionally, consider joining local childcare associations for support and networking opportunities.
• Finally, prioritize creating a nurturing and enriching environment for children, emphasizing safety, learning, and development.

As always, use Daycare.com as a resource for any and all of your daycare needs.

Do I need a childcare license in South Dakota?

Most of the time, yes, you do. In South Dakota, individuals are mandated to obtain a childcare license when caring for 13 or more children. This childcare program can either be situated within a provider’s residence or in a distinct facility, and it may operate as either an independent entity or a nonprofit organization.

There are three types of regulated childcare programs in South Dakota:

• Licensed childcare programs, encompassing Group Family Daycare and Daycare Centers, are characterized by providing regular group care and supervision, with or without compensation, for 13 or more children. This includes children under six years old residing in the home and children from multiple unrelated families, irrespective of the facility type, including family homes.
• Before and after school programs offer care and supervision for children regularly before and after standard school hours. These programs exclusively cater to school-age children and may offer care either part-time or full-time during school breaks.
• Registered family daycare homes cater to no more than 12 children from multiple unrelated families in a family home on a regular basis, including children under six years old residing in the home. These programs, situated in the provider’s residence, are mandated to be registered rather than licensed. Registration involves a voluntary declaration of intent to operate a family daycare home and adherence to the Department of Social Services standards. Registration certificates are valid for two years.

Child Care Services (CCS), operating under the South Dakota Department of Social Services (DSS), extends support, technical assistance, and oversight to promote healthy, safe, and nurturing environments for children through registration, licensing, and quality improvement initiatives. CCS is dedicated to enhancing the quality, availability, and affordability of childcare programs throughout South Dakota.

Childcare licensing requirements in South Dakota

Prior to launching a daycare center, it is imperative to craft a business plan and confirm that your program complies with all state licensing prerequisites. The subsequent list outlines the licensing requirement prescribed by South Dakota state law:

Provider Qualifications:

The following outlines the criteria for childcare center directors and staff:

Directors/Owners:

• Must be a minimum of 18 years old.
• Must undergo a thorough background screening, including checks with the South Dakota Division of Criminal Investigation (DCI) fingerprint check, Central Registry and Sex Offender Registry check, and Federal Bureau of Investigation (FBI) fingerprint check.
• Should possess the capability to provide care to children that caters to their physical, emotional, cognitive, and social requirements.
• Must meet one of the following educational prerequisites:
  • Possession of a bachelor’s degree in education or human development.
  • Completion of a two-year degree program in early childhood education.
  • Attainment of a Child Development Associate (CDA) credential or an equivalent credential.
  • Certification in a particular child learning philosophy coupled with at least one year of experience in a childcare environment.
  • Possession of a child development technician diploma or four years of experience in a center or school-age program.

Childcare workers

Childcare personnel encompass individuals operating under the supervision of the director, owner, or program coordinator, such as lead teachers and assistants, and must be a minimum of 18 years old.

Secondary childcare personnel are individuals under 18 years old and are required to work under the direct supervision of the director or program coordinator. They may be included in staff-to-child ratios if they remain under the continuous supervision of a staff member aged 18 or older. In childcare programs, staff members included in the staff-to-child ratio must be at least 14 years old. In before and after-school programs with older children enrolled, staff members included in the staff-to-child ratio must be at least 16 years old. Secondary childcare personnel are not permitted to be left alone with children.

All childcare providers, employees aged 14 and above, and household members aged 18 and above are subject to federal background check requirements, which must be conducted at least once every five years.

Training requirements

Mandatory orientation and training serve to acquaint staff with childcare program policies, practices, and procedures concerning child safety. While each licensed childcare program may conduct its unique orientation, there are specific training prerequisites that individuals must fulfill within 90 days of employment. All staff members and directors are required to complete this training, covering the following areas:

• Prevention and management of infectious diseases
• Administration of medication
• Strategies to prevent sudden infant death syndrome (SIDS) and implementation of safe sleep practices
• Ensuring safety within the building and physical premises
• Preparedness for emergencies and response planning
• Measures to prevent and manage emergencies arising from food and allergic reactions
• Prevention of shaken baby syndrome and abusive head trauma
• Identification and reporting procedures for child abuse and neglect
• Safety precautions during child transportation
• Certification in CPR (to be completed before unsupervised interaction with children)
• Handling, storage, and disposal of hazardous materials and biocontaminants
• Pediatric first aid
• Understanding child development concepts.

Ratio requirements

A center or school-age program is mandated to adhere to the following staff-to-child ratios:

• One staff member for every five children aged up to three years (1:5).
• One staff member for every 10 children aged three through four years (1:10).
• One staff member for every 15 children aged five years and above (1:15).

In the case of a center program serving over 20 children in a mixed age group, the program must:

• Maintain a ratio of one staff member for every five children (1:5) if the group comprises three or more children under the age of three.
• Adhere to the staff-to-child ratio based on the age range of the majority of children in the group.

For programs catering to 20 or fewer children and operating a mixed age group, a ratio of one staff member for every 10 children (1:10) must be maintained. Each provider may oversee a maximum of four children under the age of two, with no more than two children under the age of one.

In family child care settings, the ratio stands at one teacher for every 12 children (1:12). Only four children under two years old are permissible, with a maximum of two of them being under one year old. The staff-to-child ratio for mixed-age groups should comply with the age distribution of the majority of children, except when there are children under three years old. If the mixed-age group consists of three or more children under three years old, the provider must maintain the staff-to-child ratio for children under three years of age (1:5). Additionally, children of staff members receiving care at the facility must be accounted for when determining group size and staff-to-child ratio.

Environmental health standards

Daycare and childcare centers in South Dakota are required to adhere to and follow specific environmental health standards, outlined as follows:

Playground Area

The playground area is required to provide a minimum of 50 square feet of play space per child. Additionally, it must be enclosed by a fence standing at least 4 feet tall, and it must be kept clear of litter or weeds. Proper maintenance of playground equipment is essential. Furthermore, the provider must ensure compliance with the staff-to-child ratio requirement while children are on the playground.

Sleeping area

A minimum of three feet of space between each child must be maintained in the sleeping area. Crib sheets should be changed between uses by different children, and stackable cribs are not permitted. It is essential to ensure that mattresses and cribs are in excellent condition, and infants should always be placed on their backs when sleeping.

Toilet facilities

Daycare programs are required to furnish a minimum of one toilet and one hand lavatory for every 15 children, with separate facilities designated for each gender. Additionally, a portable or plumbed bathtub must be available for infants and toddlers. It is imperative that all lavatories, showers, and tubs are equipped with hot and cold water through a mixing faucet. Furthermore, all restrooms must be equipped with natural or mechanical ventilation.

Heating and cooling systems

The daycare facility is required to have a functional heating and cooling system, which must be inspected annually by a qualified official. A written verification of this inspection, including the inspection date and the official’s signature, is necessary.

Childcare license application in South Dakota

Regardless of whether you are operating a center-based program or starting a home-based preschool, obtaining the appropriate childcare license is essential. To initiate the licensing process, you can either email a request for more information or call a licensing specialist in your county.

Below are the steps to follow when applying for a license for a daycare center, group family daycare, or before and after-school program:

Step 1: Floor Plan Review

Before applying for licensure, the provider must undergo a floor plan review. This review is essential for determining the program’s maximum capacity and ensuring compliance with fire, life safety, and building codes. Hence, it is crucial to submit floor plans to CCS promptly for review. Ensure that the plans contain all required information as outlined in the Floor Plan Review Process and Program Proposal Handbook.

Additionally, any renovations to an approved facility require a floor plan review to ensure continued compliance. Following the review, you will receive letters from the Fire Marshal’s Office  and the Department of Health  indicating the results. Any listed items must be corrected before scheduling onsite inspections.

Step 2: Application

Upon submission of floor plans, complete the licensing application and submit it to the CCS licensing specialist. The provider must include three references, undergo a background check, and establish written operational policies, including an emergency preparedness plan.

Step 3: Pre-Licensure Inspection

The department will conduct a single pre-licensure inspection to evaluate the daycare center’s operations and ensure compliance with regulations. Key areas of assessment include:

• Documented program practices encompassing emergency preparedness, nutrition, transportation, confidentiality, and related aspects.
• Daily activity schedules.
• Staff qualifications.
• Staff orientation and training protocols.
• Staff-to-child ratios.
• Record-keeping procedures for both staff and children.

Following the inspection, the licensing specialist will hold a meeting with the applicant to address any non-compliance issues identified during the visit. It is important to note that subsequent annual inspections will be conducted without prior announcement.

Step 4: Facility safety inspection

The facility safety inspection constitutes an initial announced visit conducted by an inspector from the Department of Public Safety (DPS). This inspection aims to verify the following aspects:

• Operational status of the smoke detection system.
• Unobstructed exits throughout the premises.
• Presence and functionality of exit signs.
• Maintenance of water temperature below 120 degrees Fahrenheit.
• Safe and optimal condition of cooking equipment.
• Adherence to standards for food protection and preparation practices.

Upon completion of the inspection, the DPS inspector will forward the inspection forms to the CCS licensing specialist for review. Within 60 days of the inspection, the inspection forms will be made available online. In the event of any inaccuracies, it is advised to promptly notify the licensing specialist for corrections. Furthermore, if there are queries regarding requirements or assistance needed to meet them, contacting the licensing specialist is recommended.

Step 5: License Issuance

Within 60 days of application submission, you will receive written notification regarding the approval or denial of your license or registration certificate from the CCS. In the event of denial, the notice will provide reasons for the decision. Following corrective actions addressing the stated reasons for denial, you may reapply.

A license will be issued by the CCS only after completion of all onsite inspections, rectification of non-compliance issues, and submission of CPR certification documentation for the director. Upon receiving the license, you can commence marketing your daycare business to potential families, choose a name, and initiate the enrollment process for new children.

How to stay compliant with a daycare license in South Dakota

A license granted by the CCS is perpetual, although your program must consistently uphold licensing standards. The Division of Child Care Services is dedicated to aiding programs in maintaining adherence to licensing regulations, with one method being through annual unannounced visits.

The licensing specialist and a Department of Public Safety inspector will conduct unannounced visits for program and facility inspections twice annually. In the event that certain regulations are not met post-licensure, the licensing specialist will discuss these with the director/proprietor. If non-compliance issues do not pose a significant risk to children’s safety, a Letter of Notification will be issued outlining a corrective plan while the daycare continues operating.

However, if your program consistently faces non-compliance issues or if the safety of children is at a heightened risk, adverse actions may be taken against your license, including the following:

• 30-day revocation: The department may initiate a 30-day revocation, requiring resolution of issues that do not pose a high risk to children’s safety. If compliance is achieved within the specified timeframe, the license remains valid. However, failure to attain and sustain compliance within this period results in immediate license revocation, necessitating cessation of operations. Re-application for a license can be made one year after revocation.
• Suspension: In cases where a child sustains serious injuries while under your care, your license may be suspended pending investigation into the incident. The duration of the suspension will depend on the circumstances surrounding the event.
• Immediate revocation: An immediate revocation will be enforced by the department if there is a substantial risk of harm to children. For instance, if an inspector discovers that the facility has been damaged by a storm and is unsafe for children, an immediate revocation will be issued, prompting the immediate cessation of program operations.

Time to start your own daycare or child care center in South Dakota

The initial stages of establishing a childcare business entail comprehending the licensing prerequisites, verifying compliance with all regulations, and initiating the process to obtain the appropriate child care license. Through meticulous planning and effective organization, you can manage a thriving program that serves as a valuable resource for numerous children and families within your community.

To best market your daycare and utilize coming tools such as all-in-one waitlist management, payment processing, and single scan solutions for parent updates, sign up at https://www.Daycare.com/signup