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(a) The public health director has authority to suspend or revoke a registration for good cause. “Good cause” may include, but is not limited to:
(1) Circumstances or events, including exigent circumstances or events, or for the purpose of conducting an investigation involving a provider’s action, inaction or failure to comply with any terms of this subchapter when reasonably corroborated and objectively considered to pose an imminent risk of harm to the health, safety or rights of a child in care;
(2) A registrant, a provider employed by the registrant or a person present on the premises on a regular basis is required to register as a sex offender under SDCL chapter 22-24B;
(3) A registrant, a provider or a person present on the premises on a regular basis employed by the registrant has been added to the central registry for child abuse established by SDCL 26-8A-10;
(4) A registrant, a provider or a person present on the premises on a regular basis is a person described in the first sentence of SDCL 26-6-14.11 or otherwise ineligible under state or federal law to be a registrant or provider;
(5) The applicant omitted material information upon the application for registration under § 92.172;
(6) The information on the application for registration under § 92.172 contains a material misstatement of facts;
(7) Any failure to comply with the requirements of this subchapter or temporary suspension for any substantiated allegation of mistreatment, neglect or improper supervision;
(8) Failure to cooperate with health department personnel investigating a complaint regarding the family day care home or a provider, including an impromptu site visit;
(9) The state department of social services/ child care services has denied, suspended, revoked or refused to renew registration under SDCL ch. 26-6; or
(10) Notwithstanding division (a)(1) above, any other substandard condition that the health department has determined constitutes a threat to the health, safety or well-being of a child or the children cared for in the family day care home, of which the health department has been notified and the department has had an opportunity to thereafter notify the registrant, and the condition has not been remedied within the time specified by the health department.
(b) If the public health director finds good cause to suspend or revoke a day care registration, the director may take immediate action to suspend or revoke the provider’s registration. A registration suspension shall be temporary in nature and the terms of any suspension shall be specified at the time of issuance; however, if no other time period is specified for a registration suspension, the suspension shall be deemed in effect for the initial maximum time period of 90 days. The suspension period may be reviewed and increased by up to 90-day increments if there is a valid reason for the extension. Circumstances that shall constitute a valid reason for the extension include, but are not limited to, circumstances where either a police or child protection services investigation or action has not been determined or concluded, or where a finding against the provider at the state level has been appealed. However, a total period of suspension shall not exceed one year under any circumstances. The provider shall be informed of any temporary suspension or extension(s) of the suspension period. A provider shall have the right to appeal any suspension, extension of a suspension or revocation pursuant to the provisions of this code. Any circumstances or events that lead to a registration suspension herein can similarly amount to good cause for a registration revocation. A revocation may be ordered immediately without a suspension or at any time during or after a suspension. Citations or notice of violation(s) may be issued for violations of this subchapter including the provisions of this section. When a citation or notice of violation is issued, it must be displayed on the door or doors used by parents bringing their children into the day care for at least 30 days after the issuance of the citation or notice of violation.
(1992 Code, § 19-133) (Ord. 81-04, passed 8-9-2004; Ord. 91-08, passed 7-14-2008; Ord. 28-12, passed 4-9-2012)