§ 42-231. Child/staff ratio.

(a)

A family day care provider may care for a maximum of 12 children, including the family day care provider's own children who are under the age of six years. No more than four of the 12 children shall be under the age of two years unless there is a helper in the family day care home. Under either of the following conditions, a family day care home may provide care for a maximum of two additional children in addition to the foregoing maximum of 12 children:

(1)

The additional children may be either school age and in care before and after school; or

(2)

The additional children may be in care because of a family emergency or other special circumstances.

(b)

Any additional children who are under the age of two years and in care because of a family emergency or other special circumstance shall be included in the maximum number of children allowed who are under the age of two and may necessitate the use of a helper.

(c)

This article shall supersede and preempt any provision of the International Fire Code which may establish staff-to-child ratios.

(Ord. No. 7-00, § 18-85, 3-27-2000)

State law reference

Staff to child ratios, SDCL 26-6-15.1.