Although the Legislature has rejected laws that would require more day cares to become licensed, some South Dakota communities have started to pass their own rules.

"Some of the cities are really saying we need to step up and do better for these kids," said Rebecca Andrew of South Dakota Voices for Children.

Belle Fourche's new rules took effect in November 2007. The city now requires that anyone caring for three or more children from more than one unrelated family at their home must be licensed by the city. The previous rule required licensing when a day care exceeded 12 children.

There was no one problem that led to the change in law; changes came in the process of looking at the city's day care zoning regulations.

"The more we looked at the ordinance, the more we thought we should do a major overhaul," said Terry Wolterstorff, the city engineer. "We didn't want to create a paperwork nightmare for the day care operators, but yet we wanted to create a safe environment for the children that are going to day care."

He said the licensing procedure is not cumbersome for providers or for his office, and despite what he anticipated, he hasn't heard any complaints.

The city plans to make annual inspections of its licensed day cares but hasn't been aggressive about making sure every day care that should be licensed actually is. They focused first on new day cares.

"As we're made aware of them, we then try to bring them online," Wolterstorff said.

Belle Fourche provider Tammy Crilly, in the business four years, supported the change. She cares for 11 children in her home and was already registered with the state because, she said, it lends credibility.

"I think parents have the right that someone they go to has met at least the minimum qualifications," Crilly said. "You want to be sure you meet and exceed. It wasn't just me sitting home and pulling in as many kids as you can and having a cash cow."

A benefit of being registered with the state is that Youth & Family Services reimburses providers for part of the cost of the children's meals, "So there's a lot of perks in it, too," Crilly said.

Sioux Falls has had its own day care regulations since 2003, and in 2009, will tighten them, with stricter rules on the age of caregivers and the ratio of children to adults. The rules apply to home day cares with seven to 12 children.

Although code enforcement officers "don't go driving around looking for violators," urban planner Russ Sorenson said, the ordinances help educate providers about safe care, and he said providers in Sioux Falls "pride themselves" on the certification they receive from the health department there, posting the certificate in their business for parents to see.

Things were somewhat more controversial when Aberdeen tightened its day care regulations, effective the end of 2007.

The city requires all home day cares to be licensed through the city or state-registered, planning and zoning director Brett Bill said.

A committee of day care providers, parents and city officials developed the ordinance despite some opposition.

"Day care providers didn't want the city intrusion," Bill said. "From our standpoint, it wasn't necessarily intrusion, it was a way to make sure we were promoting the health, welfare and safety of our citizens."

Bill said cities may have more success at passing these regulations than the state.

"It's a little easier to get input from the public and actually have a civil conversation and talk about the facts and issues," Bill said. "Aberdeen isn't small - we're the third-largest city in the state - but you see some of these people at least once a week."

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