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SISSETON-WAHPETON SIOUX TRIBE
CHAPTER 60
DAY CARE ORDINANCE

60-01-01 INTRODUCTION

60-01-02 Day Care is one form of care and protection for children whose parents must be away from them for part of the day.. Social changes in our society have encouraged an over increasing number of women to work, which means a great many children are in need of supplement parental care during the day. Some children require daytime care outside their own homes because of family stresses other than the employment of the mother. Although generally for the care of preschool-aged children, day care may include after-school care for the school-age child.

60-01-03 In placing a child in a day care setting, the parent delegates responsibility for the care of the child to the caretaker and needs to be assured that the child's needs for safety and stimulating experiences are being met. Licensing of the day care facility is intended to give the parent that assurance.

60-01-04 Licensing is accomplished by establishing and assuring compliance with minimum standards of care which are designed to reduce risks to children. Because these standards are required to be minimal requirements, they do not guarantee a quality program. However, progressive day care centers are not satisfied with providing only a minimum quality of child care, but are constantly striving to do a better job of serving the children entrusted to them. Furthermore, they recognize that day care for children is but one of the many programs committed to the purpose of preserving family life and promoting child development.

60-02-01 DEFINITIONS

60-02-02 Applicant - an individual, institution, or an organization which submits to the department an application for a license as provided in this article;

60-02-03 Client - a child (ren) in receipt of service from the department;

60-02-04 Department - Child Protection Program licensing component;

60-02-05 License - a document that certifies that a provider meets standards for licensure under this article;

60-02-06 Provider - an individual, institution, or an organization providing any of the services concerned in this article.

60-03-01 HEALTH AND SAFETY REQUIREMENTS
The Sisseton-Wahpeton Sioux Tribe will require that all providers fulfill the health and safety requirements. The Indian Health Service Sanitation Department will be providing this service as in-kind.

60-03-02 The Sisseton-Wahpeton Sioux Tribe will utilize the Indian Health Service sanitation department to fulfill this requirement for:

1. prevention and control of infectious diseases (including immunization) - immunization records will be required and children with infectious diseases will not be allowed to attend day care until the infectious disease is under control.
2. health and safety training - the IHS sanitation department staff will provide training two (2) times a year. Also, written health and safety tips will be given to providers upon approval of application services.
3. building and physical premises - the Indian Health Service Sanitation Department will be used to ensure that building and physical premises are safe for children. The specific requirements will include the inspection of electric, sanitation and home safety. Indian Health Service currently has an inspection form that covers these areas. The inspection is required to ensure that children receiving services are in a safe and healthy environment and is not intended to limit parental choice in child care services.

60-03-03 The inspections will be done on a yearly basis. Any complaints by parents will be investigated on an immediate basis and correction of health and safety requirements will be monitored on a quarterly basis.

60-04-01 STAFF/OPERATOR QUALIFICATIONS

60-04-02 Operator - The operator of a group family day care home must be at least 21 years of age. An exception will be given to an individual who is at least 18 years if age and has completed either a Child Development Technician course or possesses a Child Development Associate (CDA) certificate.

60-04-03 Child Care Workers - Individuals who are employed or volunteer as child care workers must be at least 18 years of age. Helpers at least 14 years of age may volunteer to assist with the care of children and may be counted in the staff-child ratio when at least 2 adults are present. An individual who is under the age 18 may not be left alone with the children in care.

60-05-01 PERSONNEL RECORDS
Employee information can best be maintained in individual personnel records. Licensing standards ask that the following information be filed in these records:

1. Employee/volunteer identifying information, i.e.:
a. name
b. address
c. telephone number
2. Training, experience
3. Records of TB tests and related documents
4. References which are either documented conversations or letter form
5. Central registry checks
6. Documentation of the employee s/volunteer s ongoing in-service training
7. Annual performance evaluations
8. A form signed by the employee/volunteer stating that they understand the requirements of Chapter 26, Section 26-66-02 regarding reporting suspected child abuse/neglect.

60-06-01 REPORTING POLICY

60-06-02 Offense Against Minors - Reports By Other Persons: Sisseton-Wahpeton Sioux Tribe law in Section 26-66-02 mandates all licensed or registered child welfare providers to report any suspected incidence of child abuse or neglect to Child Protection Program and/or Tribal Police.

60-07-01 STAFF/CHILD RATIO
1 staff member for every S children age 4 weeks to 3 years. 1 staff member for every 10 children age 3 to 6 years. 1 staff member for every 15 children age 6 to 14 years.

60-07-02 Additional children: Care may be provided to three additional children beyond the license capacity if:

1. They are school age (first grade and ups and present only before and after school hours.
2. They are there because of a family emergency of special circumstances (temporary).
3. Additional children must be included in required staff/child ratio but will not be included in the maximum number authorized.

60-08-01 VALIDITY OF LICENSE
A license is valid only when the regulations of this article are complied with and pertain only to the provider and to the residence described in the license. The license is renewed each year (anniversary date from the previous year).

60-08-02 On-Site Visits to Determine Compliance and Evaluate Activities - The department shall conduct a minimum of one on-site visit to each licensed facility per year.

60-09-01 PROVISIONAL LICENSE
Provisional license will be issued for sixty (60) days; however, license will be discontinued if providers do not comply with the licensing requirement.

60-10-01 WITHDRAWAL OF LICENSE
A provider, at any time, may request that his license be withdrawn.

60-11-01 REVOCATION OF LICENSE
Violation of the day care standards are grounds for revocation of the license. The department will provide a thirty (30) day written notice to the provider and shall make a full disclosure of the reasons for revocation. The thirty (30) day written notice is not required when, in the opinion of the department, the revocation is necessary to prevent danger to the life, health, or safety of the child (ren). The provider may not reapply for a license for one year after the date of revocation.

60-12-01 RECEIPT AND INVESTIGATION OF COMPLAINTS
Any complaints by individuals will be investigated on an immediate basis and the providers home, after correction of health and safety requirements, will be monitored on a quarterly basis.

60-13-01 FAIR HEARING
The provider will be given ten (10) working days after a decision has been made to revoke the day care license to the licensing agency, Child Protection Program:

60-13-02 The licensing agency has ten (10) working days in which to review the revocation and make a final decision.

60-13-03 If the provider is aggrieved by the decision he may file an appeal at the Tribal Court, Agency Village SD.

60-13-04 The Tribal Court's decision shall be final.

60-14-01 SEVERABILITY
If any clause, sentence, paragraph, section, or part of this code shall, for any reason be adjudicated by any Court of competent jurisdiction, to be invalid or unconstitutional, such judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, council or part thereof directly involved in the controversy in which the judgment shall have been rendered.

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