South Dakota family day care registration: when you need it and how to get it

South Dakota registers based on who pays, not on head count

Most states decide whether a home daycare needs a license by counting children. South Dakota decides based on who pays. State law defines “family day care” as care of children from more than one unrelated family, in a family home, on a regular basis for part of the day, “paid for directly or indirectly out of public funds” ⁠¹. The registration requirement and the DSS rules for these homes “do not apply to family day care homes providing services not paid for directly or indirectly out of public funds” ⁠².

That leaves three home-based options:

Scroll the table sideways to see every column.

DSS describes registration as “a voluntary process where the applicants declare their intent to provide family day care and agree to comply with standards,” but adds that registration “is legally mandated when a provider receives compensation from public funds” ⁠⁸. In practice, the public money is usually Child Care Assistance (CCA), the state’s subsidy program. If you plan to accept even one CCA family, you must register.

Two neighboring categories are easy to mix up with this one:

• Informal or in-home providers care for one family’s children, in the provider’s home or the child’s home. They are exempt from registration but can still receive CCA for that one family if they meet federal minimum standards: training, a background check, health and safety standards and an annual home inspection ⁠¹⁶.
• Licensed programs start at 13 children. Care for 13 to 20 children is a group family day care home, and care for 21 or more “in any facility, including a family home” is a day care center ⁠⁴. Both need a license, not a registration. See the South Dakota day care center license guide.

Staying unregistered does not take you outside criminal law. No one convicted of child abuse, a sex offense under SDCL 22-22, or any other felony in the preceding five years may operate an unregistered home, and neither may anyone listed on the sex offender registry or the central registry for child abuse and neglect ⁠⁶. An unregistered provider can send DSS their own name and the names of employees and residents for a central registry check. If the check is clear, DSS issues a certificate “at no cost to the provider” ⁠¹⁵.

How the 12-child cap works

The statute and the rule set the same ceiling: 12 children at any one time, with your own children under 6 counted ⁠¹⁠⁷. DSS’s August 2026 guidebook confirms that your own children aged 6 and older “do not have to be counted in the capacity and ratio” ⁠⁹. Your registration certificate states the number of children you may care for and their ages and sex ⁠⁹⁠¹⁷, and you may not exceed the capacity it lists ⁠⁹. ARSD 67:42:17:23 then limits how many of the 12 can be very young:

An assistant must be at least 14. An assistant under 18 counts toward the ratio only when another adult is in the home and may never be left alone with the children ⁠⁷. DSS sets no limit on the hours an assistant can work ⁠⁹.

SDCL 26-6-15.1 lets a family day care home take up to two children above its registered number in two situations ⁠⁵:

• School-age children past kindergarten who attend only before or after school
• Children who are there because of a family emergency or special circumstance

DSS reads this narrowly. The before-and-after-school allowance does not apply on non-school days, including summer. “Emergency” covers weather closures, a sudden problem with the child’s regular provider, or a parent called in to work unexpectedly. It does not cover planned days off from school or summer vacation. The under-2 limits still apply when you take the extra children ⁠⁹.

Background checks for everyone in the house

Federal-standard background checks apply to the provider, to program employees aged 14 and older and to household members aged 18 and older ⁠⁷. DSS extends this to substitutes and volunteers with unsupervised access to children ⁠⁹. A check disqualifies a person if it shows ⁠⁷:

• A crime indicating harmful behavior toward children
• A crime of violence under SDCL 22-1-2
• A sex crime
• A felony for domestic abuse, assault, battery, kidnapping or arson
• Any other felony in the past five years
• A substantiated report of child abuse or neglect

For a home provider, the household rule matters most: “A family day care provider may not provide care in the provider’s home, if any household member’s background check reveals any item listed” ⁠⁷. A disqualified spouse or adult child living in the home blocks registration. State law bars the same people from registering or running an unregistered home, and it makes it a Class 1 misdemeanor for anyone who knows of a violation to fail to report it to the state’s attorney or local law enforcement ⁠⁶.

The process runs through the OLA Provider Portal in three steps ⁠⁹:

1. Fingerprints

   Use digital live scan, which DSS prefers because it is faster, or ink-rolled cards from your licensing specialist. The search covers the FBI, the South Dakota Division of Criminal Investigation, the central registry, the sex offender registry and NCIC.

2. Out-of-state forms

   Required for anyone 18 or older who lived outside South Dakota as an adult in the past five years. Complete each state’s form and mail it to the Office of Licensing and Accreditation, 700 Governors Drive, Pierre, SD 57501. DSS runs the out-of-state sex offender registry check itself.

3. Portal request

   Upload the Declaration of Prior Criminal Convictions/Military History and the Permission to Screen form for each person. If you used ink cards, print the request and mail it with the cards.

DSS states: “Providers do not need to submit payment if there is a fee indicated. DSS will pay any fees required” (as published on 2026-10-12) ⁠¹¹. Results come back through the portal ⁠¹¹. A person found ineligible gets a separate letter explaining how to appeal ⁠⁹. Checks must be redone at least every five years ⁠⁷. A provider or assistant who was cleared with another regulated program in the past five years, with no more than a 180-day gap between jobs, can request a copy of the earlier eligibility notice instead ⁠⁹.

Training before you are alone with children

ARSD 67:42:17:17 lists 13 orientation topics. You must document them within 90 days of starting, and before you care for children without supervision ⁠⁷:

• Infectious disease
• Safe sleep and SIDS prevention, and shaken baby syndrome and abusive head trauma (both if you care for infants)
• Medication administration
• Food allergies
• Premises safety
• Emergency preparedness
• Hazardous materials and biological contaminants
• Transportation (if you transport children)
• Recognizing and reporting child abuse
• Pediatric first aid
• Pediatric CPR
• Child development

DSS works with five Early Childhood Enrichment (ECE) sites across the state. New providers can take its online Orientation to Child Care course, which covers every required health and safety topic except pediatric CPR ⁠⁹.

Training that continues after you register:

• Six hours a year for every family day care provider counted in the ratio, however many hours they work. Pediatric CPR renewal does not count toward the six hours ⁠⁷⁠⁹.
• Four hours a year for staff of summer-only homes and for regular substitutes. Occasional substitutes need only orientation, current CPR and Advanced Level II health and safety training ⁠⁹.
• Advanced training every five years in all 13 orientation topics. DSS calls this Advanced Level II, and adds Level III health and safety training within ten years of orientation ⁠⁷⁠⁹.
• Pediatric first aid every five years, and a current pediatric CPR certification that includes a hands-on skills test. Until both are done, you must work under a supervisor who has them ⁠⁷.

You pick the training year: calendar, fiscal or school year. A college course in a relevant subject counts as 15 training hours per credit hour. Videos, reading and other passive formats do not count toward annual hours ⁠⁹.

What the home itself must have

Registered homes do not have to meet the center construction codes that ARSD 67:42:17:37 applies to centers. They have their own short list instead ⁠⁷:

• A working smoke detector on each level
• A fully charged portable fire extinguisher with at least a 2A rating, kept in the kitchen or within 15 feet of it
• A carbon monoxide detector, installed per the manufacturer’s instructions, if the home has any fuel-burning appliance. DSS counts stoves, dryers, furnaces, water heaters and fireplaces ⁠⁹.
• Two remote exits on each level. One must be a standard door. The other can be a door or an operable window with at least 5 square feet of opening, at least 20 inches wide and 24 inches high.
• Space heaters, wood stoves and fireplaces made inaccessible to children whenever they are in use

The rest of the physical rules that apply to family homes ⁠⁷:

• Temperature and water. Rooms must stay between 65°F and 75°F, and hot water at faucets children use may not exceed 120°F.
• Covers and railings. Unused outlets need plug covers or tamper-resistant covers. Any platform higher than 30 inches needs a railing at least 36 inches tall with openings no wider than 5 inches.
• Hazards out of reach. Firearms, pellet, BB and cap guns, matches, lighters and tobacco must be inaccessible to children. DSS expects firearms to be unloaded, fitted with child protective devices and locked up, with ammunition locked separately ⁠⁹.
• Fences and water. DSS can require a 42-inch fence around the outdoor play area if a body of water, traffic or another hazard poses a risk. An outdoor pool must be emptied after each use or enclosed by a 5-foot fence with a self-closing, latching gate that locks. Hot tubs must be securely covered.
• Pets. Pets must be current on vaccinations. A pet with a history of aggression must be kept away from children.

Several center requirements do not apply to family homes. There is no square-footage-per-child minimum, which ARSD 67:42:17:34 sets only for center and school-age programs. The hand sink does not have to be next to the diapering area, although a sink used after diapering cannot be used for food preparation. And ARSD 67:42:17:43 exempts family day care from the liability insurance requirement ⁠⁷. If you transport children, though, DSS can ask for proof of liability insurance on the vehicle, and the driver must be at least 18 and licensed ⁠⁷.

The state sources reviewed here do not address local zoning for home daycares. Check with your city or county separately.

Written plans and records DSS checks

Have these ready before the first inspection ⁠⁷:

• Emergency plan. A written emergency preparedness and response plan; a plan for evacuation, relocation, shelter-in-place and lockdown that covers infants, toddlers and children with disabilities; a parent reunification procedure; and a continuity-of-operations procedure. Practice the drills at least twice each calendar year and record the dates.
• Behavior management. Written procedures that include strategies to prevent shaken baby syndrome, and no use of the eight prohibited discipline methods, such as spanking, withholding meals or isolating a child out of sight.
• Child health records. For each child, an immunization record or a signed statement from a physician, PA, nurse practitioner or community health nurse before admission. Medical and religious exemptions are allowed.
• Allergy plans and menu. A written care plan for each child with a known food allergy, and a weekly menu posted in the home.
• Child files. Eleven items per child, including emergency contact, people authorized for pickup, medical treatment consent and attendance. Review them every year.
• Employee files. For each employee, records of training and background results, plus a signed statement on abuse reporting. Keep each file for six months after the person leaves.
• Posting. DSS’s licensing telephone number and website, displayed prominently.

For infants, safe sleep follows Caring for Our Children, 4th edition, and bottles may not be propped. If you provide care between 7 p.m. and 6 a.m., you must be accessible to children who wake up, and each child needs a cot or bed ⁠⁷.

Applying, step by step

1. Confirm the category

   Up to 12 children with public funding means registration. Thirteen or more means a license ⁠¹⁠⁴.

2. Open an account on the OLA Constituent Portal

   At olapublic.sd.gov, choose “Become a Provider” under Child Care. DSS’s fact sheet sends applicants there “to start the licensing process” ⁠⁸⁠¹². The statute requires applications on DSS forms ⁠². The portal’s form list sits behind a login and was not reviewed for this guide. No registration or application fee appears in SDCL 26-6-14.1 to 26-6-14.2, ARSD 67:42:17, the DSS guidebook or DSS’s public pages as of 2026-10-12, so the official sources do not state a fee. Ask your licensing specialist whether any fee applies before you apply.

3. Run background checks

   for yourself, any assistant or substitute, and every household member 18 or older, through the portal ⁠⁹.

4. Finish orientation training and pediatric first aid and CPR

   ⁠⁷.

5. Prepare the home and the written plans

   described above.

6. Initial inspection

   OLA conducts an announced on-site inspection before registration. You are told about any problems during the visit and given a date to fix them, and OLA follows up ⁠¹⁰.

7. Decision

   DSS must send written approval or denial within 60 days of a complete application ⁠⁷. DSS notes that the 60 days start only once every required document is in ⁠⁹. A denial lists reasons, and you can reapply after correcting each one ⁠⁷.

Questions go to DSS at 605.773.3165 or Child Care Services at 800.227.3020 ⁠¹⁶.

Getting paid through Child Care Assistance

Because CCA is what makes registration mandatory, its rules (ARSD 67:47:01) shape the business:

• Paperwork. You must file an IRS W-9 and meet the ARSD 67:42 registration standards ⁠¹³.
• Payment can start before registration. CCA pays from the date DSS receives the family’s completed application if you are registered “or in the process of being” registered. Payments stop if you do not obtain registration within 60 days ⁠¹³.
• No payment for your own household. A registered provider cannot receive CCA for children who live in the provider’s household ⁠¹³.
• Billing. You must bill your “usual and customary charge,” the same price you charge private-pay families. Payment requests are due within 60 days after the child care certificate expires, and DSS pays within 15 working days of receiving completed forms ⁠¹³.

Scroll the table sideways to see every column.

Part-time care (16-27 hours a week, or before and after school) pays half these amounts. Limited-time care (1-15 hours) pays a quarter. Care for a child with special needs adds 75% to the base rate ⁠¹⁴.

ARSD 67:47:01:10.02 also allows a rate 25% higher for a family day care that serves infants and toddlers up to age 3 and limits itself to six or fewer children. Your certificate is then adjusted to the lower capacity ⁠¹³. The rule sends readers to the DSS website for the maximum rate, and the 8/3/2026 rate sheet ⁠¹⁴ does not list this premium, so ask Child Care Services at 800.227.3020 what the premium pays before you plan around it.

DSS also points registered homes to the USDA Child and Adult Care Food Program, which the South Dakota Department of Education administers ⁠⁹.

After registration: inspections, reporting and the two-year term

• Inspections. Expect at least one unannounced inspection a year ⁠⁷. OLA or the Department of Public Safety may conduct it ⁠⁹. Annual inspection results and substantiated complaints are published online ⁠¹⁰. You have five working days to dispute a citation. After that, plans of correction are made public ⁠⁹.
• 24-hour reports to DSS. You must report within 24 hours ⁠⁷:
  • A change of address or a major change in operation or ownership
  • Any change in household size or makeup, such as a new adult moving in, who then needs a background check
  • Damage to the home
  • A CPS or law enforcement investigation of you or an employee
  • An injury to a child that needs medical or dental care
  • A child’s death related to an injury on the premises
• Telling parents. Parents must be allowed to observe at any time. They must be told within 24 hours of a change in your registration, a move or a closure ⁠⁷.
• Term and transfer. The certificate is “in force for two years from the date of issuance.” It cannot be assigned or transferred and covers only the address on the application ⁠². If you move or sell, the new address or owner needs a new registration.
• Revocation. DSS may revoke for noncompliance on 30 days’ written notice, or immediately if a child’s safety requires it. After a revocation you cannot reapply for one year ⁠⁷. SDCL 26-6-23 also allows refusal or revocation for willful, substantial violations or false statements.

What changed recently

• 2023 rule consolidation. On July 3, 2023, ARSD 67:42:17 brought family homes, centers and school-age programs into one chapter. The old family day care chapter, 67:42:03, is now listed as repealed ⁠⁷.
• August 2026 guidebook. DSS issued the family child care guidebook effective August 2026, which explains how licensing specialists apply each rule ⁠⁹.
• August 2026 CCA rates. New Child Care Assistance rates took effect on 8/3/2026 ⁠¹⁴.

No pending rule change for family day care appeared on the official pages checked on 2026-10-12.

Sources

1. 1
   South Dakota Legislature, SDCL 26-6-14.1, Family day care defined--Number of children allowed Checked 12 Oct 2026 · Back to text ↑
2. 2
   South Dakota Legislature, SDCL 26-6-14.2, Registration of family day care homes Checked 12 Oct 2026 · Back to text ↑
3. 3
   South Dakota Legislature, SDCL 26-6-14.8, Unregistered family day care defined Checked 12 Oct 2026 · Back to text ↑
4. 4
   South Dakota Legislature, SDCL 26-6-14, Categories of child welfare agency licenses Checked 12 Oct 2026 · Back to text ↑
5. 5
   South Dakota Legislature, SDCL 26-6-15.1, Additional number of children in day care Checked 12 Oct 2026 · Back to text ↑
6. 6
   South Dakota Legislature, SDCL 26-6-14.10, Prohibition of licensure, registration, or operation by person convicted of child abuse or other felony Checked 12 Oct 2026 · Back to text ↑
7. 7
   South Dakota Legislature, Administrative Rules, ARSD chapter 67:42:17, Child Care Licensing (effective July 3, 2023) Checked 12 Oct 2026 · Back to text ↑
8. 8
   South Dakota Department of Social Services, Registered Family Day Care Checked 12 Oct 2026 · Back to text ↑
9. 9
   South Dakota Department of Social Services, Guide to Child Care Licensing Rules and Resources for Family Child Care (effective August 2026) Checked 12 Oct 2026 · Back to text ↑
10. 10
    South Dakota Department of Social Services, Monitoring and Inspecting Registered Family Day Care Homes Checked 12 Oct 2026 · Back to text ↑
11. 11
    South Dakota Department of Social Services, Background Screening Information Checked 12 Oct 2026 · Back to text ↑
12. 12
    South Dakota Department of Social Services, Office of Licensing and Accreditation, Child Care, Licensing and Accreditation Constituent Portal Checked 12 Oct 2026 · Back to text ↑
13. 13
    South Dakota Legislature, Administrative Rules, ARSD chapter 67:47:01, Child Care Assistance Checked 12 Oct 2026 · Back to text ↑
14. 14
    South Dakota Department of Social Services, South Dakota Child Care Assistance Rates (effective 8/3/2026) Checked 12 Oct 2026 · Back to text ↑
15. 15
    South Dakota Legislature, SDCL 26-6-14.9, Central registry background checks for unregistered providers Checked 12 Oct 2026 · Back to text ↑
16. 16
    South Dakota Department of Social Services, Child Care Licensing and Registration Information Checked 12 Oct 2026 · Back to text ↑
17. 17
    South Dakota Legislature, SDCL 26-6-15, Specification in licenses and registration certificates of work authorized Checked 12 Oct 2026 · Back to text ↑

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