South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:14 - Child protection services
Chapter 67:14:39 - Central registry
Section 67:14:39:11 - Review of information for central registry after five years - Court finding of child abuse or neglect
Current through Register Vol. 51, page 43, September 23, 2024
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.
General Authority: SDCL 26-8A-12.
Law Implemented: SDCL 26-8A-11.
