Establishment and Maintenance of Central Registries for Child Abuse or Neglect Reports - South Dakota

Establishment

Citation: Ann. Laws § 26-8A-10

The Department of Social Services shall be the central registry for reports of suspected child abuse or neglect.

Purpose

Citation: Ann. Laws §§ 26-8A-12.1; 26-8A-12.2; 26-8A-12.3

The department may check the registry for findings of child abuse or neglect for any of the following persons:

• Current or potential employees for Head Start programs
• Current or potential employees or volunteers for the Juvenile Division of the Department of Corrections
• Current or potential employees or volunteers for any adolescent treatment program operated by the Department of Human Services
• Any entity recognized as administering a court-appointed special advocates program as provided in § 16-2-51
• A court considering appointment of a guardian ad litem for a child
• Kinship, foster care, or adoptive parent applicants

Contents

Citation: Ann. Laws § 26-8A-10

A report shall include the following:

• The name, address, date, and place of birth of the child
• The name and address of the child's parent, guardian, or other responsible person
• The date of report
• The suspected or proven instances of child abuse or neglect

Maintenance

Citation: Ann. Laws § 26-8A-12

The department will adopt rules for the operation of the registry, including the following:

• Filing of reports
• Procedures for notice to the subject of the report
• Amendment and expunction
• Release of information
• Statistical information
• Provisions for maintenance of records and the type of information placed in the registry

The secretary may not adopt any rule that would permit the removal from the central registry of any person who has been convicted of any violation of chapter 22-22 (sex offenses), chapter 22-24A (obscenity and indecency), § 22-22A-3 (aggravated incest), or § 26-10-1 (felony abuse of or cruelty to a minor) if the victim of such crime was a child.