The department shall secure a criminal record check to obtain information concerning convictions for criminal offenses by a prospective foster parent as well as any other adult living in the prospective foster home. An individual is not eligible to receive a foster home license if the individual or any other adult living in the prospective foster home has a conviction for any of the following:

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

4. (4) Within the preceding five years, a conviction for any other felony.

   If an individual is seeking licensure from another child-placement agency, the department shall obtain the criminal record check for the child-placement agency if the child-placement agency is unable to obtain the record check on its own. If the criminal record check reveals a conviction for any of the crimes listed in this section, the department shall notify the child-placement agency of the existence of the conviction.

   For all other child welfare agencies, the department shall review the provider's records to ensure that the criminal records are being secured to detect convictions for any of the crimes listed in this section.

   Cross-References: Persons to whom criminal record requirement applies, SDCL 26-6-14.4; Waiver, fingerprinting and declaration as condition of employment -- Time -- Notification of licensee by department, SDCL 26-6-14.5; Revocation or refusal to issue or renew license or registration for child abuse or violence, SDCL 26-6-23.1; Information from another state's central registry or national crime database to be used only for background check for approval of foster or adoptive placement, SDCL 26-6-14.13; Required criminal records checks, 42 U.S.C. § 671(a)(20).

Source: 17 SDR 157, effective April 23, 1991; 20 SDR 223, effective July 7, 1994; 21 SDR 206, effective June 4, 1995; 22 SDR 102, effective February 7, 1996; 27 SDR 63, effective December 31, 2000; 35 SDR 187, effective February 11, 2009; 39 SDR 220, effective June 27, 2013.

General Authority: SDCL 26-6-14.3 , 26-6-16.

Law Implemented: SDCL 26-6-14.3 , 26-6-14.11 , 26-6-16.