If a record is on the central registry because of a substantiated report of abuse or neglect, the department shall consider the following information when determining whether to remove the record from the central registry after a period of five years:

1. (1) The severity of the abuse or neglect;
2. (2) Reports of child abuse or neglect that involved the individual before the individual's name was placed on the central registry;
3. (3) Reports of child abuse or neglect that involved the individual subsequent to the individual's name being placed on the central registry;
4. (4) Action taken by the individual to eliminate the risk that the individual would abuse or neglect a child and the impact of that action;
5. (5) Information regarding the individual's current circumstances, as well as the circumstances existing at the time of the report; and

6. (6) Law enforcement records from the last five years.

   The individual is responsible for providing the documentation required under subdivisions (4), (5), and (6) of this section.

Source: Portions of this rule were transferred from § 67:14:39:09, 34 SDR 180, effective December 26, 2007.

General Authority: SDCL 26-8A-12.

Law Implemented: SDCL 26-8A-11.