If a record is on the central registry because a court determined that the individual abused or neglected a child or because the individual was found guilty of a crime committed against a child, such as contributing to the abuse or neglect of a minor or assault, the department shall consider the following information in determining whether to remove the record from the registry:

1. (1) The severity of the abuse or neglect;
2. (2) Reports of child abuse or neglect that involved the individual before information concerning the individual was placed into 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;
6. (6) Review of law enforcement records from the last five years;
7. (7) The final court disposition subsequent to the court finding under SDCL 26-8A-2 that resulted in placement on the central registry; and

8. (8) Previous court findings under SDCL 26-8A-2 and the dispositions related to those court findings.

   The individual must provide to the department the documentation required under subdivisions (4) to (8), inclusive, 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.