Daycare guide · checked October 2026
How to start a daycare in South Dakota
In South Dakota, opening a daycare means meeting the rules of the South Dakota Department of Social Services (DSS), Office of Licensing and Accreditation – Child Care Licensing. This guide covers who needs a license, the rules your rooms and staff must meet and the steps to open, with links to the official rules. The South Dakota rules were checked in October 2026.
Who needs a daycare license in South Dakota
DSS must license day care centers (21 or more children), group family day care homes (13 to 20 children) and before-and-after-school programs, regardless of funding source (SDCL 26-6-14). Family day care homes (12 or fewer children) register with DSS only if they are paid with public funds; others may register voluntarily (SDCL 26-6-14.1, 26-6-14.2).
Programs that may not need a license: Day care run by a school board for children of its enrolled students is exempt (SDCL 26-6-1.1). DSS says other before-and-after-school programs, including full-day care during school breaks, must be licensed whatever their location; the only exemption is a program offering educational or recreational activities where children come and go on their own.
Licensing agency: South Dakota Department of Social Services (DSS), Office of Licensing and Accreditation – Child Care Licensing
Sources: ARSD 67:42:17 Child Care Licensing; SDCL 26-6-14 (license categories); SDCL 26-6-1.1 (school board exemption); DSS: Before & After School Programs fact sheet; DSS: Licensed Child Care Program fact sheet
Staff-to-child ratios in South Dakota centers
| Ages | Children per staff member | Largest group |
|---|---|---|
| 3 years | 1:10 | Not set |
| 4 years | 1:10 | Not set |
| 5 years | 1:15 | Not set |
| School-age | 1:15 | Not set |
Rule: ARSD 67:42:17:21. Bands are under 3 years (1:5), 3 through 4 years (1:10), and 5 years and over (1:15), for both centers and school-age programs. There is no fixed maximum group size: group size is set by each room's approved capacity (ARSD 67:42:17:19). Programs with 20 or fewer children in a routine mixed-age group use 1:10; larger mixed groups use 1:5 if three or more children are under 3, otherwise the ratio for the age of most children (ARSD 67:42:17:22).
Background checks
All child care providers and program employees 14 and older must meet federal background check requirements, repeated at least every 5 years (ARSD 67:42:17:13). In-state checks: South Dakota criminal records (fingerprints), state sex offender registry, the DSS child abuse and neglect central registry, NCIC, and an FBI fingerprint check; out-of-state criminal, sex offender and child abuse registry checks are required for each state lived in during the past 5 years. DSS pays the fees. No camp-specific requirement was found.
Sources: DSS: Child Care Provider Background Screening; ARSD 67:42:17:13
Reporting child abuse
Listed professionals must report, including teachers, school counselors and officials, coaches of school activities, licensed or registered child welfare providers, employees and volunteers of child advocacy organizations or child welfare service providers, health professionals and law enforcement (SDCL 26-8A-3); the child care rules also require child care providers to report immediately (ARSD 67:42:17:47). Reports must be made orally and immediately to DSS, law enforcement or the county state's attorney (SDCL 26-8A-8); intentionally failing to report is a Class 1 misdemeanor.
Child abuse hotline: 1-877-244-0864 (DSS Child Protection Services intake, 8 a.m.–5 p.m. weekdays; after hours, call local law enforcement). In an emergency, call 911.
Sources: SDCL 26-8A-3 (who must report); SDCL 26-8A-8 (how to report); DSS Child Care Services (reporting number); ARSD 67:42:17:47 (child care providers must report immediately)
Steps to open a daycare in South Dakota
1. Choose a daycare center or a home daycare
States license daycare centers and home daycares (often called family child care homes) under different rules, with different limits on how many children you can care for. Decide which one you're starting before anything else.
South Dakota's license types are described in Who needs a daycare license above. Learn what families near you need, too: your local Child Care Resource and Referral agency (CCR&R) can tell you which ages and hours are hard to find.
2. Contact DSS
Daycare licensing in South Dakota is handled by the South Dakota Department of Social Services (DSS), Office of Licensing and Accreditation – Child Care Licensing. Contact it before you sign a lease or buy equipment, and ask, in writing if you can:
- Which license type fits our plans, and how many children can it cover?
- Is there an orientation or pre-licensing training, and when is the next one?
- Which inspections and clearances do we need (licensing, fire, health and zoning)?
- What does it cost to apply, and how long does approval usually take?
- What do we need to do to accept families who use childcare assistance?
3. Choose a business structure
A daycare can run as a business (such as an LLC) or as a nonprofit, or under an existing nonprofit such as a church. Talk with an accountant or lawyer before you file anything, and get an employer identification number (EIN) from the IRS. It's free.
4. Find a space that can pass inspection
Check zoning before you sign a lease. Then ask the building department, the fire marshal and DSS what the space needs, including how much indoor and outdoor space per child South Dakota requires. Since December 28, 2012, cribs in daycares must meet federal Consumer Product Safety Commission standards.
5. Plan your rooms around the ratios
South Dakota's ratios for the ages it confirmed are in the table above. They decide how many staff each room needs, so they shape your whole budget. For infants and toddlers, ask DSS.
- Work out your staffing with the staff ratio calculator.
6. Hire staff and run background checks
Run the checks in Background checks for daycare staff above before anyone starts.
Federal rules also require comprehensive background checks for staff of every licensed, regulated or registered childcare provider and every provider that can take childcare assistance. Teach every staff member how to report suspected abuse or neglect (see Reporting child abuse above).
7. Get insured
Talk early to an insurance broker who works with childcare programs. Ask about general liability, abuse and molestation coverage, property coverage and workers' compensation, plus auto coverage if you'll transport children. A home daycare should tell its homeowner's or renter's insurer, since those policies may limit business use.
8. Build a budget and set tuition
Start with payroll (see step 5), then add rent, food, supplies and insurance. Compare your numbers with what other daycares near you charge, and set prices for the enrollment you expect, not a full room. Write down your deposit, late payment, late pickup and absence policies before you enroll anyone.
- Plan payments with the payment plan calculator and the sibling discount calculator.
- Give a receipt for every payment. Parents may need it for a dependent care FSA or tax credit (childcare receipt generator).
9. Add childcare assistance and the food program
Ask South Dakota's childcare assistance office how to become an approved provider for families who get help paying for care, and ask about the USDA Child and Adult Care Food Program (CACFP), which reimburses eligible daycares for meals and snacks. Programs that take childcare assistance must meet federal health and safety requirements, including background checks, training and inspections.
10. Prepare your enrollment forms and policies
Ask DSS which records you must keep for each child. Have your forms ready before you enroll anyone, and collect everything before a child's first day.
Medication in South Dakota. Before any medication is given, the parent's permission must be documented with the child's name, medication, dates, times and dosage. The parent supplies it in the original labeled container (prescription labels must show the child's name, dose and frequency, expiration date, prescriber and storage instructions); each dose is recorded with dose, time, date and who gave it, records are kept 6 months, medicines are stored out of children's reach, and unused or expired medicine goes back to the parent (ARSD 67:42:17:27–28).
- Registration form, medical and allergy form and authorized pickup form
- Medication administration log and allergy alert roster
- Incident and accident report, parent handbook and emergency action plan
- A safe sleep policy: babies under 12 months sleep on their backs, on a firm, flat surface, with no blankets, pillows, toys or other soft items in the crib
11. Fill your spots
Start enrolling before you open, so you aren't paying staff for empty rooms. Tell your CCR&R you're open, check your listing in the state's childcare search once you're licensed, offer tours and keep a waitlist for each age group.
12. Pass your inspections and open
For licensed programs that can take childcare assistance, federal rules require at least one inspection for health, safety and fire standards before licensing, then an unannounced inspection at least once a year. Schedule yours early, train staff on your policies, emergency plan, safe sleep, allergies, medication and pickup rules, and check every child's file before their first day.
Each step is covered in more depth, with examples and sources, in our national guide to starting a daycare.
Other open points, including camps, are on the South Dakota rules page.
How BackPR helps
BackPR handles registration, enrollment and health forms, recurring tuition with autopay and check-in against each family's authorized pickup list. Families can register and fill in forms in English or Spanish, and parents get receipts and year-end dependent care statements. It's free for nonprofits, with no subscription and no BackPR fees. Payments run on Stripe, and Stripe's processing fees apply. Other programs get pricing by quote. More on BackPR for childcare.
We researched the South Dakota rules on this page in October 2026 using AI research tools (Claude, from Anthropic) that read official state rules and federal sources, and a member of our team checked our summaries against those sources. Rules change and have exceptions, so confirm with DSS before you rely on this page. This is general information, not legal advice. To report an error, email support@backpr.com.
FAQ
Starting a daycare in South Dakota: questions
Do I need a license to start a daycare in South Dakota?
DSS must license day care centers (21 or more children), group family day care homes (13 to 20 children) and before-and-after-school programs, regardless of funding source (SDCL 26-6-14). Family day care homes (12 or fewer children) register with DSS only if they are paid with public funds; others may register voluntarily (SDCL 26-6-14.1, 26-6-14.2). Ask DSS which license type fits your plans.
Who licenses daycares in South Dakota?
The South Dakota Department of Social Services (DSS), Office of Licensing and Accreditation – Child Care Licensing. Its website: https://dss.sd.gov/childcare/licensing/
What are the daycare ratios in South Dakota?
In licensed centers (ARSD 67:42:17:21): 3 years: 1 adult for every 10 children; 4 years: 1 adult for every 10 children; 5 years: 1 adult for every 15 children; School-age: 1 adult for every 15 children.
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