South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:14 - Child protection services
Chapter 67:14:39 - Central registry
Section 67:14:39:09 - Request to remove record from central registry after five years - Limited to individuals having substantiated report or court finding
If a record has been on the central registry for at least five years and placement into the central registry was the result of a substantiated report of child abuse or neglect, a court finding of child abuse or neglect, 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 individual may ask the department to remove the record from the central registry. The department shall review the request under the provisions of § 67:14:39:10 or 67:14:39:11, as applicable. The individual must prove by a preponderance of the evidence that the record should be removed.
After the department completes its review, the department shall send a written notice to the individual informing the individual of its decision. If the department denies the request, the individual has 30 days to send a written request for a fair hearing contesting the denial to the department. If a fair hearing is held under the provisions of this section, the burden of proof is on the individual.
If a request to remove the record from the central registry is denied, the individual may make a subsequent request to have the record removed when two years have elapsed from the date of the last request and there have been no further reports that resulted in placement of a record concerning the individual on the central registry.
The department may initiate its own review of substantiated reports and, based on the criteria contained in § 67:14:39:10, remove records from the central registry. If this occurs, the department shall send a written notice to the individual, at the individual's last-known address, informing the individual that the record is being removed.
General Authority: SDCL 26-8A-12.
Law Implemented: SDCL 26-8A-11.
Certain individuals prohibited from requesting actions under this chapter, § 67:14:39:12.
