S.D. Admin. R. 67:14:39:11

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

Section 67:14:39:11 - Review of information for central registry after five years - Court finding of child abuse or neglect

If a record is on the central registry because a court determined that the individual abused or neglected a child or because the individual was found guilty of a crime committed against a child, such as contributing to the abuse or neglect of a minor or assault, the department shall consider the following information in determining whether to remove the record from the registry:

(1) The severity of the abuse or neglect;

(2) Reports of child abuse or neglect that involved the individual before information concerning the individual was placed into 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;

(6) Review of law enforcement records from the last five years;

(7) The final court disposition subsequent to the court finding under SDCL 26-8A-2 that resulted in placement on the central registry; and

(8) Previous court findings under SDCL 26-8A-2 and the dispositions related to those court findings.

The individual must provide to the department the documentation required under subdivisions (4) to (8), inclusive, of this section.

S.D. Admin. R. 67:14:39:11

Portions of this rule were transferred from

General Authority: SDCL 26-8A-12.

Law Implemented: SDCL 26-8A-11.