South Dakota Childcare Licensing Requirements: A Complete Guide

Overview: who regulates childcare in South Dakota?

In South Dakota, childcare licensing is administered by the Department of Social Services (DSS), specifically through its Child Care Services division. DSS is responsible for setting licensing rules, processing applications, conducting annual inspections, and enforcing compliance for all regulated childcare operations in the state.

South Dakota requires licensing or registration for childcare operations based on the number and ages of children served. The type of license or registration you need depends on the size and setting of your operation:

• Day Care Center: A facility that provides group care and supervision for 21 or more children on a regular basis, including children under age six living in the home and children from more than one unrelated family. Day care centers must be licensed before they begin operating, regardless of funding source. Centers are inspected annually.

• Group Family Day Care Home: A program providing group care and supervision for 13 to 20 children, including children under age six living in the home and children from more than one unrelated family. Group family day care homes must be licensed before they begin operating and are inspected once per year.

• Before & After School Care: A program that provides care and supervision of school-age children before and after regular school hours. These programs may also provide full-time care during school breaks. Before and after school care programs must be licensed before operating, regardless of funding source or location.

• Registered Family Day Care Home: A home-based operation caring for 1 to 12 children (including the provider's own children under age six). Registration is required when receiving public funding or caring for more children than the unregulated threshold allows.

How to apply for a South Dakota childcare license

The South Dakota childcare licensing application process involves several steps. Plan for the process to take several weeks to several months, depending on how quickly you can meet all requirements.

1. 1

   Request information from DSS

   Contact the South Dakota Department of Social Services, Child Care Services division to request a licensing information packet. DSS provides a flowchart and resources to help you understand the steps involved in becoming licensed.

2. 2

   Submit your application

   Applications are submitted to DSS. You will need to provide information about your facility, staffing plan, program description, and operational details. Check the DSS website for current application forms and fee amounts.

3. 3

   Complete background checks

   All staff, volunteers, and household members (for home-based programs) must undergo comprehensive background checks, including fingerprinting through the South Dakota Division of Criminal Investigation (DCI) and the FBI. Background checks must be completed before your license can be issued.

4. 4

   Complete orientation training

   New staff and directors must complete orientation training within 90 days of being hired. Orientation covers health and safety topics, safe sleep practices, child abuse reporting, and other foundational requirements.

5. 5

   Pass the initial inspection

   A DSS licensing specialist will conduct an on-site inspection of your facility to verify it meets all state requirements for space, safety, equipment, staffing, and documentation. Any deficiencies must be corrected before your license is granted.

6. 6

   Receive your license

   Once you have met all requirements and passed your inspection, DSS will issue your childcare license. The license must be posted in a location visible to parents at your facility.

South Dakota staff-to-child ratio requirements

South Dakota sets specific staff-to-child ratios based on the ages of children in care. These ratios must be maintained at all times, and children of program employees must be counted when determining ratios.

Mixed-age group rules

South Dakota has specific rules for programs that serve mixed-age groups:

• Small programs (20 or fewer children): Programs serving 20 or fewer children that routinely operate a mixed-age group must maintain a ratio of 1:10, with each provider able to care for a maximum of four children under age two, and no more than two children under age one.

• Larger programs (more than 20 children): Center programs serving more than 20 children in a mixed-age group must maintain a ratio of 1:5 if the group includes three or more children under age three.

These ratios are from the South Dakota Guide to Child Care Licensing Rules and Resources, effective February 2026. Verify current ratios with DSS, as they may be updated. For help planning your classroom staffing, try our ratio calculator.

Staff qualification requirements

South Dakota has specific requirements for directors and staff working in licensed childcare programs.

• Director qualifications: Childcare center directors must have the ability to provide care that meets children's physical, emotional, cognitive, and social needs. Directors must meet one of the following educational requirements: a bachelor's degree in education or human development, a two-year degree in early childhood education, a Child Development Associate (CDA) credential or equivalent, certification in a specific child learning philosophy with at least one year of childcare experience, or a child development technician diploma or four years of experience in a center or school-age program.

• Background checks: All staff, employees age 14 and older, and household members age 18 and older (for home-based programs) must pass comprehensive background checks. These include a South Dakota DCI fingerprint check, FBI fingerprint check, Central Registry check, and Sex Offender Registry check. Background checks must be renewed at least once every five years.

• CPR and First Aid: At least one staff member with current pediatric CPR and First Aid certification must be present at all times when children are in care.

• Orientation training: New staff must complete orientation training within 90 days of hire. This training covers health and safety topics required by South Dakota law and qualifies toward annual training hours for the year it is completed.

• Annual training hours: All childcare staff must complete annual ongoing training. South Dakota updated its training requirements, and the current requirement is 10 hours of annual training per staff member. Training covers topics such as child development, behavior guidance, health and safety, and the latest techniques for addressing children's needs.

Facility requirements

Your physical space must meet South Dakota licensing standards before a license can be issued. Key requirements include:

• Indoor play space: A minimum of 35 square feet of indoor play space per child, measured wall to wall by DSS staff. This measurement excludes floor space used for permanent and stationary equipment, furniture, storage, halls, bathrooms, offices, kitchens, and mechanical rooms.

• Outdoor play space: A minimum of 50 square feet of outdoor play space per child for each scheduled recess time. Before-and-after-school programs must provide at least 25 square feet of indoor play space per child.

• Sleeping areas: A minimum of 50 square feet of floor space for the first child occupying a sleeping area, with an additional 30 square feet for each additional child in the same sleeping space. For programs with short naps or rest periods, a minimum of 3 feet between each child is required.

• Age-appropriate equipment: All furniture, cribs, and play equipment must be safe, in good repair, and appropriate for the ages of children enrolled. Cribs must meet current Consumer Product Safety Commission (CPSC) standards.

• Fire safety: Working smoke detectors and fire extinguishers must be installed and maintained. Regular fire drills are required and must be documented. Your facility must have a posted evacuation plan.

• Health and safety inspection: Your facility must pass a health and safety inspection as part of the licensing process. This covers sanitation, food preparation areas, diaper changing stations, handwashing facilities, and general cleanliness.

Background check requirements

South Dakota requires comprehensive background checks for all individuals involved in licensed childcare operations. These checks are mandated by both state and federal law.

• Who must be checked: All childcare providers, employees age 14 and older, volunteers with unsupervised access to children, and household members age 18 and older (for home-based programs).

• DCI fingerprint check: A fingerprint-based criminal history check processed through the South Dakota Division of Criminal Investigation (DCI).

• FBI fingerprint check: A federal fingerprint-based criminal history check processed through the FBI, required in addition to the state-level check.

• Registry checks: The background screening includes the South Dakota Central Registry (child abuse and neglect) and the Sex Offender Registry.

• Renewal: Background checks must be conducted at least once every five years for all covered individuals. New checks are also required when an individual changes employers within the childcare field.

Health and safety requirements

South Dakota licensing rules include detailed health and safety requirements that licensed operations must follow every day.

• Immunization records: Up-to-date immunization records are required for all enrolled children. Records must be on file and available for inspection at all times.

• Medication administration: Medications may only be administered with written parent authorization. All medication administration must be documented, including the medication name, dosage, time given, and the staff member who administered it.

• Illness exclusion: Operations must have a written illness exclusion policy and procedures for notifying parents when their child becomes ill during the day.

• Handwashing: Proper handwashing procedures must be followed by both staff and children, including before and after meals, after diaper changes, after using the restroom, and after outdoor play.

• Safe sleep practices: For infants, South Dakota requires adherence to safe sleep guidelines. Infants must be placed on their backs to sleep in approved cribs, with no soft bedding, pillows, bumper pads, or toys in the crib.

• Emergency procedures: Written emergency procedures must be posted and practiced regularly. Staff must know what to do in the event of a fire, severe weather, medical emergency, or other crisis.

Record-keeping requirements

South Dakota licensing requires childcare operations to maintain detailed records that are available for review during inspections. Keeping these records organized and current is one of the most important things you can do to stay in compliance.

• Attendance records: Daily sign-in and sign-out records for every child, with the time recorded for each entry. These records must be retained for the period specified by DSS.

• Child enrollment records: Complete enrollment information for each child, including emergency contacts, authorized pickup persons, medical information, allergies, and immunization records.

• Staff records: Personnel files for every employee, including background check results, training documentation, certifications, qualifications, and employment history.

• Incident reports: Written documentation of any injuries, accidents, or unusual incidents that occur at the facility, including details of what happened and what actions were taken.

• Fire drill logs: Documentation of every fire drill conducted, including the date, time, number of children and staff present, and evacuation time.

• Medication logs: Records of all medications administered to children, including parent authorization forms, dosage information, and administration times.

Inspections and compliance

Once licensed, your operation will be subject to ongoing monitoring by the South Dakota Department of Social Services.

• Annual inspections: Day care centers and group family day care homes are inspected at least once per year. These inspections verify ongoing compliance with all licensing requirements.

• Unannounced visits: DSS may conduct unannounced visits at any time during normal operating hours. These visits can happen in response to complaints or as part of routine monitoring.

• Corrective action: If deficiencies are found during an inspection, the operation is given a specified timeframe to correct the issues. The timeframe depends on the severity of the deficiency.

• Adverse actions: Repeated or serious violations can result in adverse actions, including probation, license suspension, license revocation, or fines. Violations that pose an immediate threat to children's health or safety can result in emergency actions.

Resources

Here are key resources for South Dakota childcare providers:

• South Dakota DSS Child Care Services: The official state agency website for childcare licensing, including the Guide to Child Care Licensing Rules and Resources, application forms, and inspection information. Available at dss.sd.gov/childcare/licensing/.

• QRIS pilot program: South Dakota is conducting a pilot Quality Recognition and Information System (QRIS) led by the South Dakota State University Quality Collaborative. The pilot provides coaching, program incentives, and resources to support quality improvement in childcare programs.

• Child Care Services orientation and training: DSS provides orientation and ongoing health and safety training resources for childcare providers. Information about training opportunities is available on the DSS website at dss.sd.gov/childcare/educationalopportunities/.

• South Dakota Child Care State Plan: The state plan outlines South Dakota's goals and strategies for improving the quality and availability of childcare. It is available on the DSS website and is updated periodically.