46 : 04 : 01 : 07 . Screening. Each provider must have a policy that addresses criminal background checks, felony convictions, sex offender registry check, and drug screenings for any independent contractors that provide shared living to participants. The policy must include the following:

1. (1) A description of the system used for background checks, and sex offender registry checks;
2. (2) A description of felony conviction checks for independent contractors utilizing the Office of Inspector General; and

3. (3) A description of any drug screening utilized.

   Before a participant is living or receiving respite care in the home, a criminal history background check and a sex offender registry check shall be completed for individuals 14 years of age or older who reside in the home. All screening results shall be maintained by the provider.

Source: 44 SDR 93, effective December 4, 2017.

General Authority: SDCL 27B-2-26(4)(9).

Law Implemented: SDCL 27B-2-26(4)(9)(10).