A family day care provider may care for up to twelve children in the provider's home. A family day care provider shall, at all times, supervise children by hearing or seeing children and be close enough to intervene.

If only one provider is present, no more than four of the children may be under the age of two years, and no more than three of those children may be under the age of one.

If a family day care assistant is present, no more than eight children may be under the age of two.

A family day care provider’s own children, if under the age of six, must be included in the total capacity and ratio.

Source: 49 SDR 124, effective July 3, 2023 .

General Authority: SDCL 26-6-16 .

Law Implemented: SDCL 26-6-16 (5)(6) .