SISSETON-WAHPETON OYATE

SISSETON-WAHPETON OYATE

CODES OF LAW

CHAPTER 60 —Child Care Ordinance

60 INTRODUCTION

A.

60.01 DE.

A.

D.

Child Care is one form of care and protection for children whose parents must be

away from them for part of the day. Social changes 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 care outside their

own homes because of family stresses other than the employment of the mother.

Although generally for the care of infants and toddlers, child care may include

preschool and after school care.

In placing a child in a child care setting, the parent delegates responsibility for the

care of the child to the caretaker and requires assurances the child’s need for safety

and stimulating experiences are being met. Registering of the child care home or

facility is intended to give the parent that assurance.

Registering of the child care home 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 child care homes and centers

are not satisfied with providing only a minimum quality of childcare, but are

constantly striving to do a better job of serving the children entrusted to them.

Furthermore, they recognize that child care is but one of the many programs

committed to the purpose of preserving family life and promoting child development.

FINITIONS

ACF — Administration for Children and Families in the United States Department of

Health and Human Services; Federal Agencies regulating the Child Care and

Development Fund Program.

Applicant — an individual, institution, or organization, which submits to the tribal

office administering the Child Care and Development Fund an application for

registration as provided in this Chapter;

Child Care and Development Fund — the purpose of this program is to enhance the

quality, affordability, and supply of child care available for all families and to afford

parents a broad range of child care choices and services.

Client — a child(ren) in receipt of service from the tribal office administering the

Child Care and Development Fund;

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Motion No. 45

Resolution No.

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H.

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Department — Tribal office administering the Child Care and Development Fund

which issues registration for childhood care homes;

Disinfection — means to eliminate virtually all germs from inanimate surfaces through

the use of chemicals or physical agents after the surfaces have been cleaned.

Family Child Care — the provision of regular care and supervision of no more than 10

children including the provider’s own children who are under the age of six years for

part of a 24-hour period supplemental to regular parental care;

NAEYC — National Association for the Education of Young Children.

Contact: NAEYC for Child Development Associate Credential or

NAEYC Accreditation, 1834 Connecticut Avenue, N.W.,

Washington, D.C. 20009-5786.

Provider — an individual, institution, or organization providing any of the caregiver

and child care services concerned in this Chapter.

Registration — a document that certifies that a provider meets standards for providing

child care services. This document must be posted in a visible location within the

home.

Infant — a child 0-12 months or who has not yet reached the steady walking stage.

Toddler — a child between the ages of 13 months to 35 months.

. Preschooler — a child between the ages of 3 years to 5 years.

School-aged — a child 6 years and older.

60.2. PREVENTION AND CONTROL OF INFECTIOUS DISEASES

The Sisseton-Wahpeton Oyate will require that all providers fulfill the health and safety

requirements pursuant to tribal, state and federal law.

A.

B.

Children receiving care shall be age-appropriately immunized in accordance with

Indian Health Service (IHS) or the State Public Health Agency recommendations.

1. At 2 months: one(1) dose of diphtheria, pertussis, and tetanus (DPT), one (1) dose

of Haemophilas Influenza type B (Hib), one (1) dose polio;

2. At 4 months: two (2) doses of DPT, two (2) doses polio, two (2) doses Hib;

3. At6 months: three (3) doses DPT, three (3) doses polio; three (3) doses Hib;

4, At12 to 15 months: four (4) doses DPT, three (3) doses polio; four (4) doses Hib,

one (1) dose measies/mumps/rubella (MMR);

5. At 5 to 6 years: five (5) doses DPT, four (4) doses polio, four (4) doses Hib, two

(2) doses MMR.

Tribes may exempt from immunizations:

1. Children whose parents or guardians object to immunization on religious

grounds and have submitted a written statement to the child care home

provider, and/or

Amendment Passed November 5, 2014 2

Motion No. 45

Resolution No. SWO-14-112

60.03

60.04

2. Children whose medical condition requires that immunization not be given

and certification signed by a licensed physician has been provided to the

family child care home provider.

C. Caregiver shall collect immunization records from the family and maintain up-to-date

records.

D. Immunization records shall be made available for inspection by the Child Care

Specialist during any home visit.

EXCLUSIONS

A. A child shall be excluded from the child care home with notification to the

parent/guardian, pursuant to caregiver policy, if:

1. The child does not feel well enough to comfortably participate in the usual

activities of the facility;

2. The caregivers cannot care for the sick child without interfering with the care

of the other children; or

3. Keeping the child in care poses an increased risk to other children or adults in

the child care facility, as determined by the caregiver or, if necessary, a local

health official

B. The family child care provider may temporarily exclude a child with a short-term

contagious illness that cannot be readily accommodated, from participation in the

program. This Temporary exclusion is only for that generally short-term period when

keeping the child in care poses a significant risk to the health care and safety of the

child or anyone in contact with the child.

C. Children will not be allowed to attend child care until the infectious disease is no

longer contagious.

INFECTIOUS DISEASE CONTROL

A. Standards (Universal) Precautions are followed when responding to and disinfecting

after incidents involving blood or body fluids. Universal Precautions require using

1% to 2% cup bleach solution per 1 gallon of water solution.

B. Children developing a communicable disease during the course of the day are isolated

from other children until such time as the parent or guardian can take the child home,

or the child is taken to a health care facility.

Amendment Passed November 5, 2014 3

Mation No. 45

Resolution No. SWO-1 4-112

C. HANDWASHING

1. All caregivers, volunteers, and children shall was all parts of their hands for at

least 10 seconds with soap and water and shall rinse them with water. If standing

water is used to rinse hands, the water shall be fresh for each person and shall not

be re-used. Running water is preferable.

2. Handwashing is required for staff and participants after toileting, diapering,

cleaning, after attending ill children, before and after administering medication,

before and after participation in moist play, after dealing with body fluids even

though gloves are worn, before serving or preparing food, before and after eating

meals and snacks, and after handling animals, animal waste, or animal cages.

3. A clean individual paper or cloth towel should be used for each child in the child

care setting

60.05 HEALTH AND SAFETY TRAINING

The Sisseton-Wahpeton Oyate will require that all providers fulfill the health and safety

requirements pursuant to tribal, state and federal law.

A. The Child Care and Development Fund will provide a minimum of two trainings per

year. In addition, written health and safety tips will be given to providers upon

approval of application services.

B. The family child care provider and helpers must participate in a minimum of six (6)

hours of training every year which shall be documented in their program file. The

training must be obtained from at least two (2) of the following areas.

1. First response, including First aid and cardiopulmonary resuscitation (C.P.R.);

mandated first year of registration and certification must remain valid;

2. Child growth and development;

3. Health and safety;

4. Infectious disease/prevention of communicable diseases;

5. Child abuse and neglect;

Amendment Passed November 5, 2014 4

Motion No. 45

Resolution No. SWO-14-112

6. Planning learning activities;

7. Communication and relations with families;

8. Food handling techniques;

9. Guidance and discipline techniques;

10. Procedures in the event of fires or natural disasters;

11. Meal planning and nutrition education.

60.06 STAFF/OPERATOR QUALIFICATIONS

A.

B.

my

Operator — the operator of a family child care home must be at least 18 years of age.

The operator may not have on record a substantiated report of child abuse or neglect.

Family Day Care Workers — Helpers 14 years of age and older may volunteer to assist

with the care of children; provided such helpers are under the direct and constant

supervision of the operator. A helper who is under the age of 18 may not be left

alone on the premises with children in care. Al! family day care home helpers must

meet the same registration requirements as an operator of a family day care home;

such as TB, Physical, CA/N Screening, Background check, Drug-Free Workplace,

and Three (3) letters of References to be kept on file with operator of the home.

Family Child Care Registration) is to be completed and on file with the tribal office

administering the Child Care and Development Fund.

Registration is to facilitate not to impede parental choice.

The tribal office administering the Child Care and Development Fund program will

maintain the following records for each registered caregiver, provider, employee, or

volunteer. The record must include:

Registration form;

Training, experience;

Records of TB tests and physical evaluation prior to contact with children;

Child abuse/neglect screening results completed for an applicant and family

members 10 years of age and older or any other individual who is living in the

home may not have a substantiated record of child abuse/neglect.

5. Drug-Free Workplace Agreement;

BeNr

Amendment Passed November 5, 2014 5

Motion No. 45

Resolution No.

SWO-14-112

a

°

W-9 Federal Income Tax Form;

Three (3) letters of reference which are either documented conversations or in

letter form which include an individual’s character, emotional stability, and

competence;

Home Inspection; and

Mandatory Reporter form signed stating the caregiver understands the

requirements of Chapter 38, Section 38-30-01 regarding reporting suspected child

abuse/neglect.

60.07 BACKGROUND CHECKS

A. Employment or character references shall be completed for all caregivers in

accordance with the Sisseton- Wahpeton Oyate’s personnel policies applicable laws

pertaining to positions having regular contact with children.

B. A member of a family child care staff, and members of a household, shall not be

addicted to drugs, a chronic alcoholic, known to have abused children or have been

found guilty of immoral conduct involving children.

a. Each registered Day Care Provider or operator shall consent to an inspection

by the Tribal Law Enforcement. The Law Enforcement Officer will inspect

the premises for the purpose of determining whether the Day Care is

complying with the drug free provision of this Code. The Law Enforcement

will utilize reliable and commonly used chemical testing equipment to

determine whether there is a violation.

60.08 CHILDREN’S RECORDS

A. The following individual records shall be kept for all children and be subject to

review by Child Care and Development Fund during home visit.

1. Name, address, sex, and date of birth;

2. Dates of admission;

3. Date of Termination;

4. Names of parents or guardians, and their home and work addresses and telephone

numbers.

5, Name, address and telephone number of two emergency contact persons;

6. Permission ships for emergency transport to health care facility for the provision

of emergency care, signed by parents or legal guardians;

7. Permission for emergency treatment;

8. A hospital and physician of choice as designated by parents or legal guardians;

9. Name and telephone number of family physician or pediatrician;

Amendment Passed November 5, 2014 6

Motion No. 45

Resolution No. SWO-14-112

60.09

60.10

10. A report by the parents or the physician noting history of immunization,

susceptibility to illness, including allergies, and special requirements for health

and maintenance;

11. A record of medication requested by the parent and administered by the child care

home;

12. Information on the child’s development, health and behavioral status, especially

health since the child’s last day of attendance;

13. After a child is identified with special needs a plan should be developed by the

child’s physician, including allergies; and

14. Any illnesses or injuries of the child.

CONFIDENTIALITY

The files and records compiled by the family child care operator shall be kept

confidential. The files and records maintained in the tribal office administering Child

Care and Development Fund on the family child care operator shall be kept confidential.

Except as provided in Subsection C, no information may be released from the files or

records to anyone outside of the registered home unless written authorization for the

release of such information is obtained from the parties that may be affected. (May

include the registering department, the family child care operator, and the legal

representative of the parties.)

The family child care operator shal! make its files and records available for inspection by

the registering department.

The family child care operator shall maintain if confidence all information concerning an

enrolled child. The child’s life, or that of the child” family, may not be shared with

unauthorized individuals.

CAREGIVER POLICIES AND/OR PARENT HANDBOOKS

. Policies shall be developed and given to each parent or guardian upon the child’s

admission, these written policies must also submitted to the Child Care and Development

Fund Office within 90 days of initial registration. The policies shall contain the facility’s

procedures regarding:

1. Guidelines for caregiver exclusion for illness and subsequent return to work;

2. Information on the major occupational health hazards for caregivers;

Caring for young children does require lifting in excess of 10 pounds, bending,

stooping, crawling and carrying;

Stress management techniques;

Utilization of helpers;

Enrollment of children;

Exclusion of ill child and/or plan for caring of an ill child;

Dismissal of child due to health reasons;

I AWRY

Amendment Passed November 5, 2014 7

Motion No. 45

Resolution No. SWO-14-112

8. Inclusion of child; American with Disabilities Act (ADA) P.L. 99-457 (birth to

age 3) and Public Law 94-142 (3-5 years)

9, Medical emergency;

10. Hours of operation;

11. Fees charged;

12. Refunds;

13. Penalty fees;

14. Termination of slot or withdraw of slot;

15. Emergency procedures;

16. Transportation of children; Child safety seats, fitted for the child’s weight and

height must be used.

17. Discipline;

18. Naptime/Quiet-time;

19. Hand washing;

20. Toileting/ diaper check;

21. Sanitation;

22. Nutrition;

23. Storage of foods;

24. Reporting child abuse/neglect;

25. Confidentiality;

26. Alcohol/smoking;

27. Plan for daily activities schedule, i.e. schedule; including the general goals for the

children’s development and learning, and the experience through which they will

achieve those goals; i.e. written lesson plans or child portfolios.

B. All staff, including volunteers, shall be trained in the importance and implementation of

program operations and polices.

60.11 STAFF/CHILD RATIO

A. A family day care provider may care for a maximum of 10 children, which number

includes the provider’s own children, who are under the age of six years.

B. Age restrictions are as follows:

1. Total children under school age shall not exceed 6 children;

2. Total infants and toddlers of the total children under school age shall not

exceed a combined total of 3 infants and/or toddlers; of this total no more

than two shall be infants.

60.12 GUIDANCE AND DISCIPLINE

A. Daily routines shall be established to allow children to develop expectations and feel

secure at the child care facility.

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Motion No. 45

Resolution No. SWO-14-112

B. Caregivers shall model respect for the feelings and rights of others, and provide an

environment that respects gender, culture, ethnicity, family composition, and the social,

emotional, cognitive and development needs of the individual child.

C. Caregiver shall give each child guidance, which helps the child acquire a positive selfconcept, self-control, and teaches acceptable behavior.

D. Discipline used by caregivers must be constructive, positive, and suited to the age and

development level of the child. Methods of intervention, guidance, and redirection must

be used.

E. No child shail be subject to corporal punishment or emotional abuse.

1. “Corporal punishment” means the non-accidental infliction of physical pain on a

child by a caregiver. Corporal punishment includes, but is not limited to, rough

handling, shoving, hair pulling, ear pulling, shaking, slapping, kicking, biting,

pinching, hitting, spanking, or any other unusual physical punishment.

2. “Emotional abuse” means the infliction of verbal or psychological abuse on a child

by a caregiver. Emotional abuse includes, but is not limited to, name calling,

ostracism, shaming, derogatory remarks about the child or the child’s family, and

threats which threaten, humiliate, or frighten the child.

F. Food, light, warmth, clothing, and medical care shall not be withheld from the child.

G. Absolutely no forcing of meals, snacks or naps.

H. Discipline and punishment shall not be delegated to another child.

1. Separation of child from group activities.

a. The separation of a child from a group to guide behavior must be appropriate

to the age of the child and the circumstances requiring the separation.

b. An infant shall not be separated from the group for disciplinary reasons.

c. <A child shall not be separated from the group for a period longer than ten

minutes.

d. A child separated from the group must be placed in an area of separate room

that is well-light, free from hazard, ventilated, and open to view of caregiver.

Amendment Passed November 5, 2014 9

Motion No. 45

Resolution No, SWO-14-112

60.13

J.

e. No child shall be placed in a locked room, closet, box or similar cubicle to

separate the child.

If toilet training is undertaken, the caregiver and the parent shall cooperatively

develop a plan for the timing and method of training.

1. No child shall be punished for toileting accidents.

2. Acchild shall be offered opportunity for toileting.

BUILDING AND PHYSICAL PREMISES SAFETY

The Sisseton-Wahpeton Oyate will require that all providers fulfill the health and safety

requirements pursuant to tribal, state and federal laws.

A.

Inspections

1.

The Child Care and Development Fund will be used to ensure that building and

physical premises are safe for the children. Home inspections must be posted in a

visible location in the home.

Upon completion of a home inspection a written corrective plan will be

developed. 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 childcare services.

. The inspections will be done on a yearly basis. Any complaints by parents shall

be governed by Section 60.30.

The Sisseton- Wahpeton Oyate’s Office of Environmental Protection will inspect

the family day care home to ensure paint on both interior and exterior premises

shall be free from hazardous quantities of lead.

Tribal Law Enforcement will inspect the premises for the purpose of determining

whether the Day Care is complying with the drug free provision of this Code.

Tribal Law Enforcement will use reliable and commonly used equipment to

determine whether there is a violation.

Homeowners insurance shall be maintained for each child care facility.

Caregiver shall know the whereabouts of the children in their care at all times.

A plan shall be in place to ensure routine maintenance, and sanitation procedures

shall be conducted to keep the structure clean, sound, and in good repair.

The layout and maintenance of all indoor and outdoor equipment and surfaces shall

be carefully selected to minimize the possibility of injury to children.

Usable space and equipment shall be adequate for the number, ages, and abilities of

the children.

Amendment Passed November 5, 2014 10

Motion No. 45

Resolution No. SWO-14-112

G. Indoor and outdoor play areas shall be checked daily, and prior to their use by

children, for hazards.

H. The indoor and outdoor premises are cleaned daily and kept free of undesirable and

hazardous materials and conditions.

I. Readily available, well supplied first aid kits appropriate for the ages served and the

program size are maintained at each day care and available on outings and while

transporting children. Each kit must be accessible to staff members at all times, but

must be inaccessible to children. The first aid kit must contain:

Emergency plans;

Disposable gloves;

Band-aids and bandages;

Tape;

Sterile gauze pads;

Roll gauze;

Scissors;

Emergency numbers;

First aid resources guide;

cor ge hp po

J. An insect sting kit is available only with a prescription. Ifa child is allergic to insect

stings, it is the responsibility of the parent or guardian to provide the caregiver with

an insect sting kit. If so provided, it is the caregiver’s responsibility to have the insect

sting kit available if such need arises.

K. Emergency response services and poison control numbers are posted nest to every

telephone or approved communications system.

L. Smoking, alcohol, and illegal drugs are prohibited on the premises when children are

present.

M. Person under the influence of alcohol or illegal drugs shall not be allowed in the child

care setting.

N. If pets are allowed on site, the animal must be kept up to date on rabies shots and the

feces must be disposed of in a sanitary manner.

60.14 MEDICATION

A. A drug container without a label or with an illegible label is not permitted.

Amendment Passed November 5, 2014 11

Motion No, 45

Resolution No. SWO-14-112

All medications are clearly labeled with the child’s name, dosage instructions,

expiration date, and the name of the drug.

All medications are stored under lock and key or inaccessible to children, and

refrigerated, if necessary.

Medications are stored in a manner that prevents the contamination or being

contaminated by, food products, toxic products, or hazardous products.

Medication, including prescription and non-prescription medication, is not

administered to any child, without written parental permission.

Prescription medications are administered only with a physician’s order and

instructions or a directed on the prescription label.

60.15 SLEEPING AREA

A.

Caregivers shall directly supervise infants, toddlers, and preschool children by sight

or hearing at all times, even when the children are in sleeping areas.

To reduce the risk of Sudden Infant Death Syndrome (SIDS), infants shall be placed

to sleep on their backs unless otherwise directed by the child’s physician, and all

sleeping arrangements for infants through 12 months of age shall use firm mattresses

and avoid soft bedding materials such as comforters, pillows, fluffy blankets, or

stuffed toys.

Children shall not share bedding. Related children may share sleeping arrangements

upon parental approval.

Each item of sleep equipment shal! be assigned to an individual child and shall be

used only by that child while he/she is enrolled in the family child care home. Each

mat, cot, or crib mattress shall be covered with the child’s individual sheet for

exclusive use by the child.

Cribs, cradleboards and/or infant sleep equipment shall keep the infant safe from the

dangers of suffocation, and will not allow a child to either fall, become entrapped, or

have clothing tangled on protrusions.

No child shall sleep on a bare, uncovered surface. Seasonally appropriate covering,

such as sheets or blankets that are sufficient to maintain adequate warmth, shall be

available and shall be used by each child below school age.

Amendment Passed November 5, 2014 12

Motion No. 45

Resolution No. SWO-14-112

60.16 EQUIPMENT

A. All equipment in the setting shall be designed to support the abilities and

developmental levels of the children served, with adaptations made as necessary to

support children with disabilities.

B. The child care setting shall include toys, activities, and materials that are safe and

appropriate for the various developmental stages of the children in care.

C. Material, toys, and furnishings shall be safe, age-appropriate, durable, and maintained

in good condition.

D. Equipment shall be stored in a safe and orderly fashion when not in use.

E. Infant and toddler toys shall be made of non-toxic materials and shall be cleaned

and/or sanitized when soiled or at least weekly. If the toys are not used, they shall be

cleaned weekly.

60.17 FIRE, EVACUATION, STORING SUPPLIES

A. Guidelines shall be developed to assure facilities are safe, and meet tribal, state, or

local fire and safety regulations.

B. Fire drills are conducted four (4) times per year at each family child care home. Fire

drills are documented and include the date and time of the drill, the number of

children and staff involved, the evacuation time and any problems encountered. One

(1) tornado drill must be conducted and documented at the beginning of the summer

months.

C. At least two clearly identified, unobstructed, remotely located means of egress are

provided.

D. There is at least one approved, properly maintained, multi-purpose fire extinguisher

readily available in each home. Caregivers shall be trained on their operation.

E. A family child care home must have a working smoke detector on each level of the

building. Audible alarm indicating devices must be designed and distributed so as to

be effectively heard above the maximum noise level obtained under normal

conditions of occupancy.

F. Emergency evacuation procedures shall be posted prominently within the facility to

evacuate children as first priority in the event of an emergency.

Amendment Passed November 5, 2014 13

Motion No. 45

Resolution No. SWO-14-112

kK.

Telephones or another identified and acceptable means of communication shall be

available to facilitate contact with emergency services.

All cleaning chemicals are stored in a locked area or otherwise, inaccessible to

children. Compounds containing ammonia are not to be stored in the same enclosure

as compounds containing chlorine; and, they are never mixed.

Poisons, toxic materials, cleaning supplies, sharp or pointed objects, plastic bags,

matches, flammable liquids, drugs of any kind, insecticides, guns, and other

hazardous materials shall be stored and/or locked, covered, or removed so as to be

inaccessible to children.

No pesticide, including restricted use pesticides and non-restricted use pesticides, are

used when participants are present.

Highly flammable chemicals, such as lighter fluids, duplicating fluids, and paint

thinners and flammable materials are not stored inside the home.

60.18 ELECTRICAL, HEATING, VENTILATION

A. All unused electrical outlets in rooms accessible to children are protected with

childproof caps or covers.

B. AH rooms used by children shall be adequately heated and cooled.

C. If home is heated by propane, fuel oil, or wood stove, the home should have a carbon

monoxide detector installed.

D. Ventilation shall be provided to prevent the accumulation of harmful odors and

fumes.

E. If harmful odors or fumes are present, the problem needs to be corrected immediately.

F. If mold accumulation is present on the walls with in the home or basement, it will

need to be removed immediately before children are cared for.

60.19 WATER SUPPLY

A. Safe drinking water shall be accessible to children while indoors or outdoors and shall

be dispensed by personal water bottle, drinking fountain, or cups labeled for

individual use by each child.

Amendment Passed November 5, 2014 14

Motion No. 45

Resolution No. SWO-14-112

Water must be derived from a community water system or from a water system that is

tested annually for bacteriological testing by the agency certified to perform such

tests. The operator of the day care home is responsible for maintaining written

documentation of water test results.

Water temperature shall be maintained under 120° Fahrenheit.

A rural water supply must have enough water for the needs of the home

The water heater is not located in areas accessible to participants and shall be

properly ventilated.

All water hazards, such as wading pools and permanent standing water, shall be

enclosed with a fence, or other safeguarded to ensure that they cannot be accessed or

not allowed at all.

60.20 SANITIZING AND MANUAL CLEANING

A. Equipment shall be kept clean, sanitary, and in operable condition.

B. Any surface contaminated by body fluids shall be cleaned and disinfected

immediately, and caregivers shall use universal precautions, including gloves, when

cleaning contaminated areas. Universal Precautions require using % cup bleach

solution per 1 gallon of water solution. Spray bottles may be filled with solution,

however, bleach solution must be changed daily.

C. Toilet areas, including sinks, countertops, faucets, handles, doorknobs, toilet bowls,

toilets and seats, shall be cleaned immediately when soiled or at least daily.

D. Potty chairs and changing tables shall be cleaned and disinfected after each use.

E. Floors shall be cleaned when soiled or at least daily. Carpets and rugs shall be

shampooed when soiled and vacuumed at least daily.

F. Toys shall be cleaned when soiled or at least weekly, and small toys that children can

place in their mouths shall be cleaned and disinfected after each use.

G. Garbage and rubbish shall be removed from rooms where children and adults will be

present.

H. Garbage and rubbish should be stored in a closed container that prevents access by

children, and animals including rodents and insects.

Amendment Passed November 5, 2014 15

Motion No, 45

Resolution No. SWO-14-112

I. Food preparation areas shall be separate from play, toilet, bathroom, and diaper

changing areas, and areas where animal are kept.

J. Food preparation areas, including countertops and tabletops, shall be cleaned and

disinfected, before and after each use.

K. Dishes, highchair trays, and food service utensils shall be cleaned and disinfected

after each use. If basins are used, there shall be separate basins for diaper changing

cleanup and the cleaning of food service utensils.

L. Dishes and food service utensils shall be allowed to air dry and stored in a manner

that preserves their clean/disinfected status. No cloth towels shall be used to dry.

M. Children do not participate in any cleaning activities that expose them to any

physical, chemical or biological hazards. If supervised, children may engage in

wiping down furniture, such as tables and desk tops, with soap and water.

N. Cleaning chemicals are not in sue while children are occupying the facility, except

that cleaning of spills is done as necessary to maintain infection control practices,

control odors and maintain the appearance of the dare care.

QO. If a mechanical home-style dishwasher is utilized the following requirements must be

met:

1. Water must be 120° Fahrenheit as it enters the dishwasher; and

2. There must be a sanitizing cycle in which hot water, not hot air, is used and the

water temperature during the sanitizing cycle in maintained at a minimum of 160°

Fahrenheit.

60.21 NUTRITION

A. Individuals responsible for food preparation or service shall be free of contagious

disease.

B. The facility shall provide nutritious meals according to a written plan.

C. The facility shall ensure that:

1. children in for 8 or fewer hours shall be offered at least one nutritious meal and

two nutritious snacks or two meals and one snack;

Amendment Passed November 5, 2014 16

Motion No. 45

Resolution No. SWO-14-112

2. Children in care for 9 or more hours shall be offered at least two meals and two

snacks or three snacks and one meal.

3. a nutritious snack shall be offered to all children in midmorning and in

midafternoon.

4. children shall be offered food at intervals not less than 2 hours apart and not more

than 3 hours apart unless the child is asleep.

D. Cold foods shall be maintained refrigerated at a temperature of 40°F or lower in

the refrigerator and 0° or lower in the freezer.

E. Infant Care:

1. Precautions against choking shall be taken when feeding infants and toddlers.

2. Caregivers shall not offer to children under 4 years of age foods that are

implicated in choking incidents (round, hard, small, thick and sticky, smooth, or

slippery). Examples of these foods are hotdogs (whole or sliced into rounds),

whole grapes, hard candy, nuts, seeds, raw peas, hard pretzels, chips, peanuts,

popcorn, marshmallows, spoonfuls of peanut butter, and chunks of meat larger

than can be swallowed whole.

3. Microwaves shali never be used to heat bottles of formula or breastmilk.

4. Breastmilk or formula shall be warmed in a pan of hot, not boiling, water for 5

minutes. The bottle should then be shaken, and the milk temperature tested

before feeding.

5. Frozen breastmilk shall be thawed under cold running water or in the refrigerator.

6. Breastmilk (if not frozen) and prepared bottles of formula shall be kept

refrigerated until immediately before use.

7, Any contents remaining in a bottle of formula or breastmilk after feeding shall be

discarded.

8. Prepared bottles of formula shall be discarded after 24 hours if not used. An open

container of ready-to-eat or concentrated formula shall be covered, refrigerated,

and discarded after 48 hours if not used.

9. Unused, expressed breastmilk shall be discarded after 48 hours if refrigerated, or

after two weeks if frozen.

10. Caregivers shall feed infants on demand unless the parent provides written

instructions otherwise.

11. Infants are held while being fed and are-not laid down to sleep with a bottle.

12. Infants shall not be allowed to carry bottles throughout the day or the night.

Amendment Passed November 5, 2014 17

Motion No. 43

Resolution No. SWO-14-112

13. When there is more than on bottle-fed infant, bottles of breastmilk and formula

shall be labeled with the child’s name and shall be used only for the intended

child.

Ware food shall be maintained and served at a temperature between 140°F to 141°.

Foods served during meals, whether eaten or not, are not re-served or saved for the

next day, but are discarded by placement in containers with tight fitting lids that are

emptied at least daily.

Foods brought from home shall be labeled with the child’s name, date, and the type of

food, and shall not be shared with other children unless intended for that purpose.

Food shall be properly wrapped and handled.

60.22 TRANSPORTATION

A.

At the end of the day, children are only released to the parent or legal guardian, or

other individual identified in writing by the parent or legal guardian.

If children are to be transported, a written permission slip signed by a parent or

recognized guardian shall be on file with the caregiver.

. Strict policies shall be developed to prevent persons under the influence of alcoho! or

illegal drugs from operating vehicles while transporting children.

No smoking is allowed in vehicles when transporting children.

Children shall never be left unattended in vehicles.

Vehicles shall be routinely inspected and maintained to ensure that all safety features

are operational.

The driver has a Driver’s License, as defined, granted by a State.

Automobile insurance shall be maintained to meet or exceed minimum state

standards.

Amendment Passed November 5, 2014 18

Motion No. 45

Resolution No. SWO-14-112

60.23

Appropriate caregiver to child ratios shall be maintained during the transportation of

children.

The number of passengers does not exceed the seating capacity of the transportation

vehicle.

. The driver and other passengers are seated and wear seat belts while the vehicle is in

motion.

. While the vehicle is in motion, all children under the age of four are seated in a child

restraint system, appropriate to the height and weight of the child as set forth in the

Federal Motor Vehicle Safety Standards (49 CFR 571.213) or applicable Tribal,

State, or local laws; Children under 40 pounds shall be placed in an appropriate infant

and toddler car seat restraint. Children 40-89 pounds shall be in a booster care seat

restraint. All children under the age of eighteen (18) years shall be in a car seat

restraint.

. All children 12 years and under will be placed in the rear seat. If that is not an option,

the following steps shall be taken:

1. Properly restrain the child;

2. Push vehicle seat all the way back to minimize distance between

child and the airbag.

3. Seat child directly against the seat back.

REPORTING POLICY

In accordance with the Juvenile Code Chapter 38 child care providers and employees of

the child care establishment are mandatory reporters and are required to report any

suspected incidence(s) of child abuse or neglect in accordance with the following section:

A. Any person or mandatory reporter who has reasonable cause to suspect or witness

abuse of a child, including an unborn child, shall report the suspected or witnessed

abuse to a Police Officer, Child Protection Program worker, Social worker, or Tribal

Prosecutor immediately. Any person who, without good cause, fails to report abuse

or suspected child abuse shall be guilty of an offense and upon conviction thereof

shall be sentenced to imprisonment for a maximum of one (1) year in jail or to a fine

Amendment Passed November 5, 2014 19

Motion No. 45

Resolution No. SWO-14-112

not to exceed five thousand dollars ($5,000.00), or to both such fine and

imprisonment, plus Court costs.

60.24 VALIDITY OF REGISTRATION

A. A registration is valid only when the regulations of this Chapter are complied with

and pertain only to the provider and to the residence described in the registration.

The registration is renewed each year (anniversary date from the previous year).

B. The tribal office administering Child Care and Development Fund shall conduct a

minimum of one (1) on-site visit to each registered home per year.

60.25 PROVISIONAL REGISTRATION

A. Provisional registration will be issued for sixty (60) days; however, registration will

be discontinued if providers do not comply with the registration requirement.

60.26 WITHDRAWAL OF REGISTRATION

A. A provider, at any time, may request that his or her registration be withdrawn.

60.27 REVOCATION OF REGISTRATION

A. Violation of the Child Care Standards, are grounds for revocation of registration.

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).

B. A caregiver’s registration may be revoked in the following situations:

1. Substantiated record of child abuse/neglect.

2. Conviction of drug use or positive testing showing use of illegal drugs on the

premises;

3. Failure to meet health and safety requirements;

4. Failure to meet training requirements;

5. Fraud.

C. If revoked on grounds of fraud or failure to meet health, safety and training

requirements, the provider may not reapply for a registration for one (1) year after the

date of revocation.

Amendment Passed November 5, 2014 20

Mation No. 45

Resolution No. SWO-14-112

60.28 RECEIPT AND INVESTIGATION OF COMPLAINTS

60.29

A.

Upon receipt of complaints pertaining to a caregiver’s failure to meet the required

health and safety requirements, if needed, the caregiver will be given a corrective

action plan to follow by the tribal office administering the Child Care and

Development Fund. Upon receipt of said plan, the caregiver will be granted thirty

(30) days to comply with the plan requirements. At the expiration of the thirty (30)

day limit, the tribal office administering the Child Care and Development Fund, in its

discretion, may either grant additional time or revoke the caregiver’s registration if

health and safety requirements have not been met.

If the Tribal office administering the Child Care and Development Fund discovers a

provider has received benefits by error or misrepresentation, the office will deduct the

overpayment form the next payment due the provider.

If the Tribal office administering the Child Care and Development Fund discovers a

provider has received benefits by willful representation or deceit, the case shall be

presented to the Tribal Prosecutor for prosecution under Chapter 24 of the Sisseton-

Wahpeton Oyate’s Law and Order Code.

FAIR HEARING

A.

An administrative review must be initiated by filing a written statement, accompanied

by any supporting evidence, with the Tribal Secretary within ten (10) working days

after a decision has been made to revoke the day care registration by the tribal office

administering the Child Care and Development Fund.

The Tribal Secretary has ten (10) working days from the receipt of the written

statement in which to review the revocation and make a final decision. The Tribal

Secretary’s office shall release the final decision to the tribal office administering the

Child Care and Development Fund and the provider so they may act in accordance

with the decision.

If either the provider or the tribal office administering the Child Care and

Development Fund is aggrieved by the Tribal Secretary’s decision, an appeal may be

filed with the Tribal Court, Agency Village, SD with in thirty (30) days of receiving

notice of the Tribal Secretary’s decision.

The Tribal Court’s decision shall be final.

Amendment Passed November 5, 2014 21

Motion No. 45

Resolution No. SWO-14-112

60.30

60.31

60.32

60.33

60.34

60.35

NO WAIVER OF IMMUNITY

Nothing in this Code shall be construed as a waiver of sovereign immunity for the

Sisseton- Wahpeton Oyate, its departments, agencies, entities, employees, or agents.

SEVERABILITY

If any clause, sentence, paragraph, section, or part of this code shall, for any reason be

adjudicated by the Tribal Court or Tribal Appellate Court, to be invalid or

unconstitutional, such judgment shall not affect, impair, or invalidate the remainder

thereof, but shall be confined in its operation to the clause, sentence, paragraph, section,

or part thereof directly involved in the controversy in which the judgment shall have been

rendered.

CONSTRUCTION

This Code shall be interpreted and applied in a manner consistent with all other Codes,

Laws, Resolutions, and Regulations of the Sisseton- Wahpeton Oyate.

AMENDMENT

This Code may be amended only upon affirmative vote of a majority of the Tribal

Council of the Sisseton-Wahpeton Oyate.

EFFECT OF HEADINGS

Headings shall not be deemed to govern, limit, modify, or in any manner affect the scope,

meaning, or intent of the provisions of any portion of this Code.

INTERPRETING DEFINITIONS

Words or phrases used in this Code shall be interpreted so as to give them the meaning

they have in common usage for the Sisseton- Wahpeton Oyate and to give this Code it’s

most reasonable application. The words and phrases in this Chapter are specifically

defined and shall control and prevail over any other definition.

Amendment Passed November 5, 2014 22

Motion No. 45

Resolution No. SWO-14-112

Legislative History:

« September 10, 2003, Motion No. 23, to approve Chapter 60 of the Child Care Ordinance.

Amendment Passed November 5, 2014 23

Motion No. 45

Resolution No, SWO-14-112

Regular Tribal Council Minutes

Wednesday, November 5, 2014

Page 10

WEIGHTED VOTE ON MOTION NO. 44: 17 For: Dawn Eagle (3); Lynn Halbert (2);

Francis Crawford (2); Marc Beaudreau (3); Virginia Max (2); Louis Johnson (1);

Jerome Renville, Sr. (2); Tribal Vice-Chairman (1); Tribal Secretary (1).

0 Opposed. 0 Abstained. 0 Absent From Vote. 1 Not Voting: Tribal Chairman.

MOTION PASSED.

MOTION NO. 45: made by Marc Beaudreau, second by Virginia Max, question by Sara

Lincoln, in resolution form, to approve the revisions and amendments to SWO

Codes of Law: Chapter 7, Chapter 24, Chapter 36, Chapter 38, Chapter 60, and

Chapter 66, to implement the sections detailing the definitions, language, and

penalties pertaining to Meth use, possession, production, and distribution.

WEIGHTED VOTE ON MOTION NO. 45: 17 For: Dawn Eagle (3); Lynn Halbert (2);

Francis Crawford (2); Marc Beaudreau (3); Virginia Max (2); Louis Johnson (1);

Jerome Renville, Sr. (2); Tribal Vice-Chairman (1); Tribal Secretary (1).

0 Opposed. 0 Abstained. 0 Absent From Vote. 1 Not Voting: Tribal Chairman.

MOTION PASSED.

Resolution No. SWO-14-112

Note: Big Coulee District did not have a District meeting in October 2014.

Note: Long Hollow District did not have a District meeting in October 2014.

MOTION NO. 46: made by Dawn Eagle, second by Sara Lincoln, question by Jerome

Renville, Sr., to approve the District Chairman’s Association (DCA) report, as

presented by DCA Members; Kenneth Johnson, Tony Barker, Rodney Barse,

Beverly Thompson, Floyd Kirk Jr., Gerald German Jr., and Donovan White.

WEIGHTED VOTE ON MOTION NO. 46: 17 For: Dawn Eagle (3); Lynn Halbert (2);

Francis Crawford (2); Marc Beaudreau (3); Virginia Max (2); Louis Johnson (1);

Jerome Renville, Sr. (2); Tribal Vice-Chairman (1); Tribal Secretary (1).

0 Opposed. 0 Abstained. 0 Absent From Vote. 1 Not Voting: Tribal Chairman.

MOTION PASSED.

MOTION NO. 47: made by Francis Crawford, second by Virginia Max, question by Sara

Lincoln, to approve the Final Walk-Thru of the SWO Administration Building and

Close-Out of the project, acknowledging the pending discrepancies with the

Architect for the project.

WEIGHTED VOTE ON MOTION NO. 47: 7 For: Francis Crawford (2); Virginia Max (2);

Louis Johnson (1); Tribal Vice-Chairman (1); Tribal Secretary (1). 10 Opposed:

Dawn Eagle (3); Lynn Halbert (2); Marc Beaudreau (3); Jerome Renville, Sr. (2).

0 Abstained. 0 Absent From Vote. 1 Not Voting: Tribal Chairman.

MOTION DEFEATED.

Approved: December 2, 2014, Motion No. 2 (vb, recording secretary)

sisseton Wahpeton Oyate

LAKE TRAVERSE RESERVATION

P.O. Box 509

100 Veterans Memorial Drive

Agency Village, South Dakota 57262-0509

Phone: (605) 698-3911

TRIBAL COUNCIL RESOLUTION NO. SWO-14-112

Amendment of the SWO Codes of Law

Pertaining to Methamphetamine Prevention

WHEREAS, The Sisseton-Wahpeton Oyate is organized under a Constitution dnd By-laws

adopted by the members of the Tribe on August 1-2; 1966, and approved by the

Commissioner of Indian Affairs on August 25, 1966, last amended effective

November 15, 2006; and .

jhe Sisseton-Wahpeton

WHEREAS, The Constitution ARTICLE Ill, Section 1

Oyate shall be governed by a Council, and. VII, Séction 1, states that,

the Council shall have the following powers?*( represent the Tribe in all

negotiations with Federal, State.and locali ‘governments;‘(b) to acquire, own, use,

manage, lease and otherwise- encumber and to. dispose of Tribal property, both

real and personal, wherever situated: (c) to engage in any business that will

further the economic development: of the ‘Tribé:: and its Members, and to use

Tribal funds or other resources: for such purposes; (d) to make rules governing

the relationship. of the: members of the Tribe, to Tribal property, and to one

another as mernbers of the Tribe; (e) to: hire employees and agents, including

legal counsel, directly, or as independent. contractors, and to compensate them

for their services; (f) to deposit: “Tribal funds to the credit of the Tribe, without

limitations of the amount in any account; (g) to take any action by ordinance,

resolution, or otherwise which. are reasonably necessary through committees,

boards; “agents. or otherwise, to carry into effect the for-going purposes; (h) to

promote\<public “health, education, charity, and such other services as may

contribute ‘to-the social advancement of the members of the Sisseton-Wahpeton

:aGy-adopt; resolutions regulating the procedures of the Tribal Council, its

id corvimittees in the conduct of Tribal Affairs; and

‘November 1, 2013, the Tribal Council held a drug retreat to discuss

: jethamphetamine prevention and proposed amendments to the Sisseton-

Se Wahpeton Oyate Codes of Law that would adequately address

methamphetamine prevention within the community; and

WHEREAS, |

WHEREAS, The attendance of the retreat included members from the Judicial Committee,

Tribal Council, Methamphetamine Prevention Program, Executive Committee,

Court Advocates, and interested Community Members; and,

WHEREAS, Pursuant to the ongoing issues with methamphetamine use, distribution, and

manufacturing that was brought to the attention of Tribal Council through the

community and programs Tribal Council chooses to address the issues though

the Sisseton-Wahpeton Oyate Codes of Law; and,

BIG COULEE * BUFFALO LAKE « ENEMY SWIM + HEIPA/VEBLEN * LAKE TRAVERSE ¢ LONG HOLLOW « OLD AGENCY

TRIBAL COUNCIL RESOLUTION NO. SWO-14-112 Page 2

Amend SWO Codes of Law - Pertaining to Methamphetamine Prevention

WHEREAS, The SWO _ Judicial Committee has been presented with the proposed

amendments in order to solicit comments and recommendations of Chapter 7

(Landlord Tenant Law), Chapter 24 (Penal Code), Chapter 36 (Aicoho! and Drug

Treatment Act), Chapter 38 (Juvenile Code), Chapter 60 (Child Care Ordinance),

and Chapter 66 (Education Code), and now recommends passage of the

amendments.

NOW THEREFORE, BE IT RESOLVED that the Tribal Council of the Sisseton-Wahpeton

Oyate of the Lake Traverse Reservation, hereby approves of the revised and

amended Chapter 7 (Landlord Tenant Law), Chapter 24 (Penal Code), Chapter

36 (Alcohol and Drug Treatment Act), Chapter 38 (Juvenile Code), Chapter 60

(Child Care Ordinance), and Chapter 66 (Education Code), and all previous

versions of these chapters are hereby repealed and superseded by passage of

the amended version of each of these codes; and

BE IT FURTHER RESOLVED that the SWO Legal Department is hereby authorized to post

Chapter 7 (Landlord Tenant Law), Chapter 24 (Penal Code), Chapter 36 (Alcohol

and Drug Treatment Act), Chapter 38 (Juvenile Code), Chapter 60 (Child Care

Ordinance), and Chapter 66 (Education Code), on the Tribe’s website for public

information purposes; and

BE IT FINALLY RESOLVED that the Chairman and Secretary of the Sisseton-Wahpeton Tribal

Council are hereby authorized and instructed to sign this Resolution for and on

behalf of the Tribal Council.

CERTIFICATION

We, the Undersigned duly elected Tribal Chairman and Tribal Secretary of the

Sisseton-Wahpeton Oyate Tribal Council, do hereby certify that the above resolution was duly

adopted by the Sisseton-Wahpeton Oyate Tribal Council, which is composed of 10 members

(representing a total of 15 Tribal Council weighted votes and.two Executive Committee votes for

a total of 17 votes) of whom 10 constituting a quorum, were present at a Tribal Council meeting,

duly noticed, called, convened and held at the TiWakan Tio Tipi, Agency Village, South Dakota,

vember 5, 2014, by a vote of 17 for, OQ opposed, OQ abstained, 0 absent from vote, 1 not

No _ £74, ;

voting, and that said Resolution has not been rescinded or amended in any way.

Dated this 5" day of November 2014.

Robert ix SY Tribal Chairman

ATTEST: Sisseton-Wahpeton Oyate

Resin s2y. m

Robin Quinn, Tribal Secretary

Sisseton-Wahpeton Oyate