5.5 Monitoring and Enforcement of Licensing and Health and Safety Requirements

5.5.1 Inspections for licensed CCDF providers Licensing inspectors must perform at least one annual, unannounced inspection of each licensed CCDF provider for compliance with all child care licensing standards, including an inspection for compliance with health and safety and fire standards. Lead Agencies must conduct at least one pre-licensure inspection for compliance with health, safety, and fire standards of each child care provider and facility in the State/Territory. a. Licensed CCDF center-based providers i. Does your pre-licensure inspection for licensed center-based providers assess compliance with health standards, safety standards, and fire standards? [x] Yes. [ ] No. If no, describe: ii. Identify the frequency of annual unannounced inspections for licensed center- based providers addressing compliance with health, safety, and fire standards: [x] Annually. [ ] More than once a year. If more than once a year, describe: [ ] Other. If other, describe: iii. Does the Lead Agency implement a differential monitoring approach when monitoring licensed center-based providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. If no, describe: A full annual inspection is conducting to include monitoring for health, safety, and fire standards. iv. Identify which department or agency is responsible for completing the inspections for licensed center-based providers. The Office of Licensing and Accreditation is responsible for completing inspections for licensed center-based providers. b. Licensed CCDF family child care providers i. Does your pre-licensure inspection for licensed family child care homes assess compliance with health standards, safety standards, and fire standards? [x] Yes. [ ] No. If no, describe: ii. Identify the frequency of annual unannounced inspections for licensed family child care homes addressing compliance with health, safety, and fire standards: [x] Annually. [ ] More than once a year. If more than once a year, describe: [ ] Other. If other, describe: iii. Does the Lead Agency implement a differential monitoring approach when monitoring licensed family child care providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. If no, describe: A full annual inspection is conducting to include monitoring for health, safety, and fire standards. iv. Identify which department or agency is responsible for completing the inspections for licensed family child care providers. The Office of Licensing and Accreditation is responsible for completing inspections for licensed family child care providers. c. Licensed in-home CCDF child care providers i. Does your Lead Agency license CCDF in-home child care (care in the child’s own home) providers? [x] No. [ ] Yes. If yes, does your pre-licensure inspection for licensed in-home providers assess compliance with health, safety, and fire standards? [ ] Yes. [ ] No. If no, describe: ii. Identify the frequency of annual unannounced inspections for licensed in-home child care providers for compliance with health, safety, and fire standards completed: [ ] Annually. [ ] More than once a year. If more than once a year, describe: [x] Other. If other, describe: NA iii. Does the Lead Agency implement a differential monitoring approach when monitoring licensed in-home child care providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. iv. Identify which department or agency is responsible for completing the inspections for licensed in-home providers. NA 5.5.2 Inspections for license-exempt providers Licensing inspectors must perform at least one annual monitoring visit of each license-exempt CCDF provider for compliance with health, safety, and fire standards. Inspections for relative providers will be addressed in subsection 5.8. Describe the policies and practices for the annual monitoring of: a. License-exempt CCDF center-based child care providers i. Identify the frequency of inspections for compliance with health, safety, and fire standards for license-exempt center-based providers: [ ] Annually. [ ] More than once a year. If more than once a year, describe: [x] Other. If other, describe: NA ii. Does the Lead Agency implement a differential monitoring approach when monitoring license-exempt center-based providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. iii. Identify which department or agency is responsible for completing the inspections for license-exempt center-based CCDF providers. NA b. License-exempt CCDF family child care providers i. Identify the frequency of the inspections of license-exempt family child care providers to determine compliance with health, safety, and fire standards: [x] Annually. [ ] More than once a year. If more than once a year, describe: [ ] Other. If other, describe: ii. Does the Lead Agency implement a differential monitoring approach when monitoring license-exempt family child care providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. iii. Identify which department or agency is responsible for completing the inspections for license-exempt family child care providers. The Office of Licensing and Accreditation is responsible for completing inspections for licensed-exempt family child care (informal) providers. The inspection visits are announced with the license-exempt (informal) provider. 5.5.3 Inspections for CCDF license-exempt in-home child care providers Lead Agencies may develop alternate monitoring requirements for care provided in the child’s home that are appropriate to the setting. This flexibility cannot be used to bypass the monitoring requirement altogether. a. Describe the requirements for the annual monitoring of CCDF license-exempt in-home child care (care in the child’s own home) providers, including if monitoring is announced or unannounced, occurs more frequently than once per year, and if differential monitoring procedures are used. License-exempt family child care providers care for one family’s child(ren) eligible for CCDF in the child(ren) own home. The same monitoring inspection checklist is used for informal and in-home license exempt family child care providers. Differential monitoring procedures are not used. Monitoring visits are announced and occur annually. South Dakota monitors that immunization records or an exemption are on file for children receiving care in their own home. b. List the entity(ies) in your State/Territory responsible for conducting inspections of license-exempt CCDF in-home child care (care in the child’s own home) providers: The Office of Licensing and Accreditation is responsible for completing inspections for licensed-exempt in-home family child care providers. 5.5.4 Posting monitoring and inspection reports Lead Agencies must post monitoring and inspection reports on their consumer education website for each licensed and CCDF child care provider, except in cases where the provider is related to all the children in their care. These reports must include the results of required annual monitoring visits and visits due to major substantiated complaints about a provider’s failure to comply with health and safety requirements and child care policies. A full report covers everything in the monitoring visit, including areas of compliance and non-compliance. If the Lead Agency does not produce any reports that include areas of compliance, the website must include information about all areas covered by a monitoring visit. The reports must be in plain language or provide a plain language summary Lead Agency and be timely to ensure that the results of the reports are available and easily understood by parents when they are deciding on a child care provider. Lead Agencies must post at least 3 years of monitoring and inspection reports. a. Does the Lead Agency post: i. [x] Pre-licensing inspection reports for licensed programs. ii. [x] Full monitoring and inspection reports that include areas of compliance and non-compliance for all non-relative providers eligible to provide CCDF services. iii. [ ] Monitoring and inspection reports that include areas of non-compliance only, with information about all areas covered by a monitoring visit posted separately on the website (e.g., a blank checklist used by monitors) for all non-relative providers eligible to provide CCDF services. If checked, provide a direct URL/website link to the website where a blank checklist is posted: iv. [ ] Other. Describe: b. Check if the monitoring and inspection reports and any related plain language summaries include: i. [x] Date of inspection. ii. [x] Health and safety violations, including those violations that resulted in fatalities or serious injuries occurring at the provider. Describe how these health and safety violations are prominently displayed: https://dss.sd.gov/docs/childcare/Inspection_Results_Instructions.pdf iii. [x] Corrective action plans taken by the Lead Agency and/or child care provider. Describe: https://dss.sd.gov/docs/childcare/Inspection_Results_Instructions.pdf iv. [x] A minimum of 3 years of results, where available. v. If any of the components above are not selected, please explain: NA c. Lead Agencies must post monitoring and inspection reports and/or any related summaries in a timely manner. i. Provide the direct URL/website link to where the reports are posted: https://dss.sd.gov/docs/childcare/Inspection_Results_Instructions.pdf ii. Identify the Lead Agency’s established timeline for posting monitoring reports and describe how it is timely: Monitoring reports are posted to the DSS website within an average of 5-10 days after the inspection visit. Once all non-compliance citations are correct, a full report showing all corrections is then posted to the DSS website reflecting the update. d. Does the Lead Agency certify that the monitoring and inspection reports or the summaries are in plain language that is understandable to parents and other consumers? [x] Yes. [ ] No. If no, describe: e. Does the Lead Agency certify that there is a process for correcting inaccuracies in the monitoring and inspection reports? [x] Yes. [ ] No. If no, describe: f. Does the Lead Agency maintain monitoring and inspection reports on the consumer education website? [x] Yes. [ ] No. If no, describe: 5.5.5 Qualifications and training of licensing inspectors Lead Agencies must ensure that individuals who are hired as licensing inspectors (or qualified monitors designated by the Lead Agency) are qualified to inspect child care providers and facilities and have received health and safety training appropriate to the provider setting and age of the children served. Describe how the Lead Agency ensures that licensing inspectors (or qualified monitors designated by the Lead Agency) are qualified and have received training on health and safety requirements that are appropriate to the age of the children in care and the type of provider setting. Inspection Authorities: Inspections are carried out by both The Office of Licensing & Accreditation Child Care Licensing (CCL) specialists and Department of Public Safety (DPS) inspectors. DPS inspectors conduct inspections on behalf of the Office of Licensing & Accreditation. Training and Credentialing: Licensing specialists undergo extensive training, including completing the National Association of Regulatory Administrators (NARA) National Regulatory Professional Credential (NRPC) after two years of experience. This credential includes adherence to a code of ethics. Specialists also complete child care orientation and health and safety training modules. Competency Standards and Evaluation: Both licensing specialists and DPS inspectors are evaluated annually on competency standards specific to their roles. These include professionalism, communication, customer service, initiative, teamwork, planning and organization, problem- solving, and others. Initial and Ongoing Training: Inspectors undergo initial training with CCL staff to understand the philosophy, regulations interpretation, and licensing processes. They receive ongoing training on child care regulations, including fire and life safety and environmental health regulations. Specialized training includes understanding the needs of family home providers and different types of child care programs. Collaborative Approach: Inspectors regularly meet with licensing specialists to discuss programs, inspections, challenges, successes, and to clarify issues. This collaborative approach ensures consistent enforcement and support across the child care system. Compliance and Legal Training: CCL staff are required to complete annual training on Civil Rights and Health Insurance Portability and Accountability Act (HIPAA). 5.5.6 Ratio of licensing inspectors Lead Agencies must ensure the ratio of licensing inspectors to child care providers and facilities in the State/Territory are maintained at a level sufficient to enable the Lead Agency to conduct effective inspections of child care providers and facilities on a timely basis in accordance with federal, State, and local laws. Provide the ratio of licensing inspectors to child care providers (i.e., number of inspectors per number of child care providers) and facilities in the State/Territory and include how the ratio is sufficient to conduct effective inspections on a timely basis. Regional Distribution of Child Care Licensing (CCL) Staff: Child Care Licensing specialists are situated across various regions in the state. The number of providers in each region determines how many licensing specialists are needed to carry out inspections promptly. Inter-Agency Agreement with Department of Public Safety (DPS): An inter-agency agreement exists between the Office of Licensing and Accreditation and the Department of Public Safety (DPS) to aid in inspections of all regulated programs. DPS completes all facility safety inspections for licensed child care and school age programs as well as approximately two-thirds percentage of licensed family child care programs. This collaborative effort ensures comprehensive coverage and timely inspections. Staffing Numbers: Currently, there are 11 Child Care Licensing specialists and up to 22 DPS inspectors involved in conducting annual inspections across the state. Inspector to Program Ratio: The current ratio of inspectors to programs is 1:30 for the DPS inspectors and 1:55 for child care licensing specialists. This ratio helps in determining the workload distribution and ensuring inspections are completed efficiently. Overall, the coordinated efforts between CCL and DPS, along with the regional distribution of staff, aim to effectively manage the inspection process and uphold regulatory standards in child care facilities across South Dakota.