A new state law expands where registered sex offenders can live—and what that means for your child care business.
Most South Dakota child care owners don't realize that a provision buried in SB107, passed during the 2026 legislative session, directly affects where registered sex offenders can legally reside in relation to their facilities. Understanding this change is important for compliance and operations.
SB107 adds licensed and registered child care programs to South Dakota's definition of "community safety zone." This means that any registered sex offender is now prohibited from residing within 500 feet of:
This exclusion zone mirrors existing restrictions already in place for schools and other protected facilities under South Dakota law.
If you operate a licensed or registered child care program, SB107 creates new legal obligations you should be aware of:
Compliance inquiries: You may receive questions from law enforcement or the state about whether your facility's location complies with the 500-foot exclusion zone. This is routine and administrative.
Notification obligations: Depending on how the state implements this law, you may need to notify relevant authorities if you become aware of a sex offender living within the exclusion zone of your facility. Check with your licensing agency for specific procedures.
Proximity-related liability: While the law itself protects you by establishing the exclusion zone, operators should be aware that proximity violations could create documentation and liability considerations. Keeping clear records of your facility's location and any compliance communications is prudent.
First, verify your facility's exact address and calculate the 500-foot radius around it. This is straightforward but important. If you're considering opening a new location or relocating, factor this into your site selection process.
Second, contact your licensing agency—the South Dakota Department of Health and Human Services—to clarify any notification or reporting procedures specific to your program type. Requirements may differ between day care centers, group family day care homes, and registered family day cares.
Third, document your compliance. Keep records showing your facility's location and any communications with authorities regarding the exclusion zone.
SB107 was passed during the 2026 legislative session. The bill text does not specify an explicit effective date, so clarify the implementation timeline with your licensing agency to ensure you're compliant when the law takes effect.
The relevant statutory language is found in Section 1, § 22-24B-22(1)(b), (c), and (e) of South Dakota Codified Law.
For operators seeking a free, detailed guide specific to your program type, resources are available through South Dakota child care trade associations and your licensing agency.