Page 49

42

• Licensed/registered providers living outside of SD must be in compliance with their state’s licensing requirements. The applicant will be required to submit a copy of a valid child care license/certification from the provider’s state of residence. • Informal/In-Home providers must reside in the state of South Dakota and are not eligible if they reside outside of South Dakota.

11.6 OLA Provider Requirements

11.6.1 Background Checks Office of Licensing and Accreditation (OLA) conducts a background check on all providers receiving public funds that includes the following: • SD Criminal fingerprint check • FBI fingerprint check • Central Registry Child Abuse and Neglect check • Sex Offender Registry check • National Crime Information Center check Out of state background screening for each state the provider and household members have lived in the previous 5 years. This screening includes a state repository, state sex offender registry check, and state central registry screening.

An individual may not provide care, or work in a child care setting, if the individual's background check reveals: • A crime that would indicate harmful behavior towards children; • A crime of violence as defined by SDCL 22-1-2 or a similar statute from another state; • A sex crime pursuant to SDCL chapters 22-22 or 22-24A or SDCL 22-22A-3 or similar statutes from another state; • A felony conviction for domestic abuse, physical assault, battery, kidnapping, or arson; • Within the preceding five years, a conviction for any other felony; • A substantiated report of child abuse or neglect; • An individual whose name appears on the central registry for child abuse and neglect; • Knowingly making false statements in connection with this background check; • Being registered, or required to be registered, on a Sex Offender Registry; or • Refusing to consent to the criminal background check. 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 in this section. A background check is required at least once every five years. 11.6.2 OLA Closure, Revocation or Suspension of a Childcare Provider When a childcare provider closes, is revoked or suspended, OLA will notify CCA of the change in provider status through the BEES OLA interface. The BEES OLA interface updates daily overnight.

• If the provider does have families receive CCA, those cases will be systematically updated, and a notice will be sent to those families encouraging them to select a new provider for their child(ren). • If a childcare provider’s license or registration is revoked or suspended, the provider is not eligible for payment from CCA beginning the day after the license is revoked or suspended. A notice informing the families who are currently using the provider is generated and sent out immediately informing them of this. • A day care center or family day care provider whose license or registration is in a closed status are not eligible to receive payment from CCA.