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FAMILY DAY CARE HOMES
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)
Day care facilities caring for more than 12 children at any given time shall be licensed under SDCL ch. 26-6 as a day care center or as a group family day care home, except as provided in § 92.181.
(Ord. 81-04, passed 8-9-2004)
(1992 Code, § 19-121)
No person shall establish, maintain, operate, advertise or hold themselves out as operating a family day care home without first being registered with the city health department. The annual fee for registration shall be $25 if the family day care home maintains a current state department of social services family day care home registration; $125 if the family day care home does not maintain a current state department of social services family day care home registration. Applications for registration renewal shall be made annually. Renewal applications or any additional renewal registration requirements received after December 31 of each year shall be charged a late fee of $50. Fees are not refundable or prorated.
(1992 Code, § 19-122) (Ord. 81-04, passed 8-9-2004; Ord. 91-08, passed 7-14-2008; Ord. 28-12, passed 4-9-2012)
The application for registration shall contain at a minimum the following:
(a) The name of the person desiring to operate a family day care home;
(b) The address where the person will operate the family day care home;
(c) Affirmation that there will be 12 or fewer children, including the children of the applicant under the age of six years who will be in attendance at the family day care home at any one time, except as provided in § 92.181;
(d) The names, addresses and social security numbers of the applicant, if a natural person, all providers and all other persons 15 years of age and older who reside at or will be present on the premises on a regular basis;
(e) Proof that each provider:
(1) Has passed a background check within 90 days immediately prior to registration; and
(2) Completed a first aid course and an infant/toddler CPR certification or similar courses as approved by the health department.
(f) Proof that all persons 15 years of age and older who reside at or who will be present on the premises on a regular basis have passed a background check within 90 days immediately prior to registration; and
(g) For renewal registrations, proof that each provider has completed yearly educational requirements as provided or approved by the city.
(1992 Code, § 19-123) (Ord. 81-04, passed 8-9-2004; Ord. 28-12, passed 4-9-2012)
No provider shall be issued a registration until proof of insurance is furnished to the city, showing the following insurance to be in full force and effect during the entire term of the registration. The provider shall furnish proof of liability insurance for an in-home day care provider in the minimum amount of $300,000 for bodily injury/death growing out of any one accident or any other cause. The liability insurance shall protect against loss from liability imposed by law for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person resulting directly or indirectly from any act or activity of the provider or any person acting for the provider or under the provider’s control or direction.
(Ord. 28-12, passed 4-9-2012)
Within 15 days of receipt of the application, the director of the health department or designee shall review the same for compliance, and if in compliance, a registration certificate shall be issued. Registration expires on December 31 of the year of issue.
(1992 Code, § 19-124) (Ord. 81-04, passed 8-9-2004)
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