The department shall create a record consisting of the individual's name, together with other identifying information such as the individual's address, date of birth, sex, race, and type of abuse, and shall place the record into the central registry if any of the following occurs:

1. (1) The department investigates and substantiates, by a preponderance of the evidence, a report of abuse or neglect involving the individual;
2. (2) There is a court finding of abuse or neglect; or

3. (3) The individual is found guilty of a crime committed against a child, such as child abuse or neglect; sex offenses; possession, solicitation, manufacture, or distribution of child pornography; incest; murder; manslaughter; contributing to the abuse or neglect of a minor; assault; abuse; promoting prostitution of a minor; or indecent exposure. For purposes of this subdivision, a crime committed against a child does not include those instances in which an individual is found guilty of contributing to the delinquency of a minor.

   Cross-References:

   Notice when name is to be placed on central registry, § 67:14:39:05.

   Abused or neglected child defined, SDCL 26-8A-2.

   Sex offenses, SDCL ch 22-22.

   Child pornography, SDCL ch 22-24A.

   Aggravated incest -- Prohibited sexual contact -- Felony, SDCL 22-22A-3.

   Abuse of or cruelty to minor as felony -- Defense to charge, SDCL 26-10-1.

Source: 18 SDR 134, effective February 25, 1992; 22 SDR 102, effective February 7, 1996; 25 SDR 150, effective July 9, 1999; 34 SDR 180, effective December 26, 2007.

General Authority: SDCL 26-8A-12.

Law Implemented: SDCL 26-8A-11 , 26-8A-12.