Review and Expunction of Central Registries and Reporting Records - South Dakota

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Right of the Reported Person to Review and Challenge Records

Citation: Ann. Laws § 26-8A-11

Within 30 days after the Department of Social Services notifies any person that he or she will be placed on the central registry for child abuse and neglect based upon a substantiated investigation, the person may request an administrative hearing. The administrative hearing is limited to determining whether the record should be amended or removed on the grounds that it is inaccurate. The request shall be made in writing and directed to the person designated by the department in the notice.

If there has been a court finding of child abuse or neglect, the record's accuracy is conclusively presumed and the person has no right to an administrative hearing.

In the hearing, the burden of proving the accuracy of the record is on the department. The hearing examiner may order the amendment or removal of the record. The decision of the hearing examiner shall be made in writing within 90 days after the date of receipt of the request for a hearing and shall state the reasons upon which it is based. Decisions of the department under this section are administrative decisions subject to judicial review under chapter 1-26.

When Records Must Be Expunged

Citation: Ann. Laws §§ 26-8A-11; 26-8A-12

In any case where there has been no substantiated report of child abuse and neglect, the Department of Social Services may not maintain a record or other information of unsubstantiated child abuse and neglect for longer than 3 years if there has been no further report within that 3-year period.

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 the crime was a child.