All child care providers, program employees age fourteen and older, and family day care household members age eighteen and older, shall meet federal background check requirements. An individual may not provide care, or work in a child care setting, if the individual's background check reveals:

1. (1) A crime that indicates harmful behavior towards children;
2. (2) A crime of violence, as defined in SDCL 22-1-2, or in a similar statute from another state;
3. (3) A sex crime pursuant to SDCL chapters 22-22 or 22-24A, SDCL 22-22A-3, or similar statutes from another state;
4. (4) A felony conviction for domestic abuse, physical assault, battery, kidnapping, or arson;
5. (5) Any other felony conviction, within the preceding five years; or

6. (6) A substantiated report of child abuse or neglect.

   A family day care provider may not provide care in the provider's home, if any household member’s background check reveals any item listed in this section.

   A background check is required at least once every five years.

   Cross-References:

   Substantiated reports, § 67:14:39:04.

   Criminal background checks, 45 C.F.R. § 98.43(a)(1)(i).

Source: 49 SDR 124, effective July 3, 2023 .

General Authority: SDCL 26-6-16 .

Law Implemented: SDCL 26-6-16 (6)(10), 26-6-23.2 .