S.D. Admin. R. 67:14:39:10

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

Section 67:14:39:10 - Review of information for central registry after five years - Substantiation

If a record is on the central registry because of a substantiated report of abuse or neglect, the department shall consider the following information when determining whether to remove the record from the central registry after a period of five years:

(1) The severity of the abuse or neglect;

(2) Reports of child abuse or neglect that involved the individual before the individual's name was placed on the central registry;

(3) Reports of child abuse or neglect that involved the individual subsequent to the individual's name being placed on the central registry;

(4) Action taken by the individual to eliminate the risk that the individual would abuse or neglect a child and the impact of that action;

(5) Information regarding the individual's current circumstances, as well as the circumstances existing at the time of the report; and

(6) Law enforcement records from the last five years.

The individual is responsible for providing the documentation required under subdivisions (4), (5), and (6) of this section.

S.D. Admin. R. 67:14:39:10

Portions of this rule were transferred from

General Authority: SDCL 26-8A-12.

Law Implemented: SDCL 26-8A-11.