The department must deny an application and notify the applicant of the denial if the criminal record check required under § 67:14:32:11.01 detects:

1. (1) A conviction for a crime that would indicate harmful behavior towards children;
2. (2) A conviction for a crime of violence as defined by SDCL 22-1-2 or a similar statute from another state;
3. (3) A conviction for a crime pursuant to SDCL chapters 22-22 or 22-24A, SDCL 22-22A-3, or a similar statute from another state; or

4. (4) Any felony conviction occurring within the past five years.

   Cross-References:

   Required criminal records checks, 42 U.S.C. § 671(a)(20).

   Home study report -- Requirement -- Cost, SDCL 25-6-9.1.

   Confidentiality of abuse or neglect information -- Violation as misdemeanor -- Release to certain parties, SDCL 26-8A-13.

   Information from another state's central registry or national crime database to be used only for background check, SDCL 26-6-14.13.

Source: 17 SDR 157, effective April 23, 1991; 35 SDR 187, effective February 11, 2009 ; 51 SDR 127, effective June 1, 2025 .

General Authority: SDCL 26-4-9.1 .

Law Implemented: SDCL 26-4-9.1 .

Prior versions effective: 2009-02-11.