S.D. Admin. R. 67:14:32:05.05

Current through Register Vol. 51, page 67, December 16, 2024

Section 67:14:32:05.05 - Application denied if criminal record check detects certain crimes

The department shall deny an application and shall notify the applicant of the denial if the criminal record check required under § 67:14:32:11.01 detects a conviction for any of the following:

(1) A crime that would indicate harmful behavior towards children;

(2) A crime of violence as defined by SDCL 22-1-2 or a similar statute from another state;

(3) A sex crime pursuant to SDCL chapters 22-22 or 22-24 A or SDCL 22-22A-3 or similar statutes from another state; or

(4) Within the preceding five years, a conviction for any other felony.

S.D. Admin. R. 67:14:32:05.05

17 SDR 157, effective 4/23/1991; 35 SDR 187, effective 2/11/2009.

General Authority: SDCL 26-4-9.1.

Law Implemented: SDCL 26-4-9.1.

Required criminal records checks, 42 U.S.C. § 671 (a)(20). Home study report by licensed child placement agency, Department of Social Services, or certified independent social worker required -- Exception -- Criminal record check and central registry screening to be included -- Violation as misdemeanor, SDCL 25-6-9.1. Confidentiality of abuse or neglect information -- Violation as misdemeanor -- Release to certain parties, SDCL 26-8A-13. Information from another state's central registry or national crime database to be used only for background check for approval of foster or adoptive placement, SDCL 26-6-14.13.