South Dakota rulebook · checked October 2026

Watching Kids at Home in South Dakota: How Many Before You Need a License?

In South Dakota, you may watch up to 12 counted children before a license is required — and South Dakota counts your own children (under 6) in that number.

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The South Dakota line, in facts

Licensing agency: South Dakota Department of Social Services — Child Care Services (family day care providers are REGISTERED, not licensed)

The line: In South Dakota, you may watch up to 12 counted children before a license is required — and South Dakota counts your own children (under 6) in that number.

Your own children: counted — South Dakota includes your own children (under 6) in the numbers that decide your category.

Even below the line: Registration is VOLUNTARY at 12 or fewer children when no public funds are involved — and legally mandatory the moment you receive compensation from public funds. Either way, an unregistered home may never exceed 12 children.

The categories above the line

Category	Capacity	What it means
Registered Family Day Care Home	up to 12	Up to 12 children at any one time — your own children under age 6 who live in the home count inside the 12. Registration certificate runs 2 years. Above 12 children the program leaves family day care entirely.

What comes with the license

Ratios: With one provider present: no more than 4 of the 12 children may be under age 2, and no more than 3 of those 4 under age 1. With a family day care assistant present, up to 8 of the 12 may be under age 2 (ARSD 67:42:17:21).
Training before you open: Orientation training in 13 areas within 90 days of starting, for anyone counted in ratio or with unsupervised contact with children; pediatric CPR required.
Training to stay open: 6 hours of training a year for family day care providers.
State fees:
Realistic timeline: The registration certificate is in effect for 2 years.

What catches people in South Dakota

South Dakota is the most misreported state in this corner: registration is genuinely optional for private-pay homes at 12 or fewer — the mandate attaches to PUBLIC FUNDS, not to the care itself.
Your own children only ride inside the cap until they turn 6.

Rules checked October 2026 · Sources: SDCL 26-6-14.1 (family day care defined; registration tied to public funds); SDCL 26-6-14.8 (unregistered family day care — 12-child cap); ARSD 67:42:17:21 (capacity and infant limits; own children under 6 counted); 67:42:17:17–:18 (orientation); South Dakota DSS — Registered Family Day Care. This page reads the published rules; it is not legal advice, and the South Dakota Department of Social Services — Child Care Services (family day care providers are REGISTERED, not licensed) is the final word.

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