§ 92.170 DEFINITIONS.
   For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CHILD. Person under the age of 18.
   CHILDREN. More than one child.
   COMPENSATION. Something given or received for services.
   DAY CARE FACILITY. A place, which may or may not be a home, in which one or more children not related to the care provider, are cared for on a regular basis, at least once a week, for compensation, whether paid directly or indirectly.
   FAMILY DAY CARE HOME. A dwelling, occupied as a residence by the care provider, in which family-like care is given. For the purposes of this subchapter, it shall include all land, buildings and structures located on the property where the family day care home is situated.
   PASSED A BACKGROUND CHECK.
      (1)   The central registry for child abuse established by SDCL 26-8A-10 has been checked and it does not indicate that the person was responsible for any proven instance of child abuse or neglect.
      (2)   The person is not required to register as a sex offender under SDCL chapter 22-24B.
      (3)   A criminal background check has been performed, the results of which do not indicate that the person has been convicted of child abuse pursuant to SDCL ch. 26-10 or a similar law of any other state or of the United States, at any time, or that the person has been convicted of any felony within the previous five years. For renewal registrations, a criminal background check that is less than three years old is sufficient.
   PERSON. Any individual, firm, corporation, association, institution, or other incorporated or unincorporated organization.
   PROVIDER. A person who is actively involved in family-like care of more than one family of children other than their own, but to no more than 12 children including the provider’s own children who are under the age of six years, for any part of the 24-hour day for compensation, whether paid directly or indirectly, and is at least 18 years of age.
   REGISTRATION. The applicant has completed all requirements for registration under this subchapter.
   REGISTERED HELPER. A person who provides planned care to children and has met all the requirements to be a provider, except for age, and is at least 15 years of age. Any REGISTERED HELPER who is not 18 years of age may not be left alone on the premises with children in care.
   RELATED. Any of the following relationships by marriage, blood or adoption between the provider and the children in care: parent, grandparent, great-grandparent, brother, sister, stepparent, stepbrother or stepsister.
   SCHOOL. A public or private school, which provides education through the sixth grade.
   SUBSTITUTE PROVIDER. A person who is at least 18 years of age but has not met or completed all requirements for registration and will provide care on an unplanned, limited short-term basis.
   VISITOR. A guest to the family day care home that has minimal or incidental contact with the children and does not provide direct care.
(1992 Code, § 19-120) (Ord. 81-04, passed 8-9-2004; Ord. 91-08, passed 7-14-2008; Ord. 28-12, passed 4-9-2012)