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DaycareRules

South Dakota DSS Child Care Services

South Dakota home daycare ratios by age

Verified September 5, 2026

South Dakota lets a registered family day care provider care for up to twelve children in the provider’s home, counting the provider’s own children under six. If only one provider is present, no more than four may be under two and no more than three of those under one; with a family day care assistant present, no more than eight may be under two. A group family day care home of thirteen to twenty runs a mixed age group at ten children to one staff member, and each provider may care for a maximum of four children under two with no more than two under one, per ARSD 67:42:17:22.

Every tier, every cap

Family day care home (registration certificate)

  • No more than 12 children in care at once SDCL 26-6-14.1
  • No more than 12 children in care at once ARSD 67:42:17:23
  • No more than 4 under 2 ARSD 67:42:17:23
  • No more than 3 under 1 ARSD 67:42:17:23

With an assistant: No more than 12 children in care at once; No more than 8 under 2

Your own children: count toward these caps (under 6 years).

Group family day care home

  • No more than 20 children in care at once SDCL 26-6-14(5)
  • No more than 10 (per staff member) ARSD 67:42:17:22
  • No more than 4 under 2 per provider ARSD 67:42:17:22
  • No more than 2 under 1 per provider ARSD 67:42:17:22

With an assistant: an additional adult is required above 10 children. No more than 20 children in care at once; No more than 8 under 2; No more than 4 under 1

Your own children: count toward these caps (under 6 years).

How South Dakota defines the age bands

  • under the age of one: 0 to 12 months
  • under the age of two years: 0 to 24 months
  • up to three years of age: 0 to 36 months
  • three through four years: 36 to 60 months
  • five years and over: 60 to open months
  • children under the age of six living in the home (counted toward capacity): 0 to 72 months

Mixed ages in one room

Under two and under one are the binding bands, and in a group home they are per provider: two providers may hold eight under two and four under one between them.

Real questions, short answers

How many children can one South Dakota provider have?

Twelve in a registered family day care home, with no more than four under two and three under one, per ARSD 67:42:17:23.

When does a South Dakota group home need a second staff member?

Above ten children, on the ten-to-one mixed age ratio of ARSD 67:42:17:22, so any home of thirteen to twenty has two.

Do own children count in South Dakota ratios?

Own children under six count in capacity and ratio under ARSD 67:42:17:23 and in every statutory tier.

Keep reading

Sources for South Dakota

  • South Dakota Codified Laws chapter 26-6, Child Welfare Agencies, Legislative Research Council 2026 26-6-9, 26-6-14, 26-6-14.1, 26-6-14.2, 26-6-14.8, 26-6-27
  • ARSD 67:42:17, Child Care Licensing, 49 SDR 124 effective July 3, 2023 67:42:17:22, 67:42:17:23

DaycareRules is an informational reference about home child care licensing rules in the United States. It reprints thresholds, capacity limits, ratios and citations from state statutes and regulations, together with the date each state was last verified. Nothing on this site is legal advice, and rules change. Confirm with your state licensing agency before acting on any number printed here.