The department shall screen a kinship foster parent applicant and the applicant's family members and household members, who are at least eighteen years old, for substantiated incidents of child abuse or neglect. Neither the kinship foster parent applicant nor any household member eighteen years of age or older, other than a kinship child placed in the home, may have a substantiated report of child abuse or neglect on record. A substantiated report of child abuse or neglect includes a report placed into the department's central registry under § 67:14:39:03, a report placed on the central registry of another state in the last ten years, and a report that was investigated and substantiated by a tribal program.

If the screening locates an individual's name on the department's central registry and the individual has not already been given due process on the substantiation, the department must notify the individual in writing that the individual may request a hearing to refute the accuracy of the information found. The hearing must follow the provisions of SDCL 26-8A-11 and chapter 67:14:39.

If the screening locates an individual's name on the central registry of another state, it is the individual's responsibility to contact the other state to access the process for removal of the individual's name from that state's central registry. If the other state has a process and removes the individual's name from its central registry, the individual must request the other state submit documentation to the department verifying the removal of the individual's name from its central registry.

If the screening locates a report that was substantiated by a tribal program, it is the individual's responsibility to contact the tribal program to access the process for removal of the individual's name from the record of the report. If the tribal program has a process and removes the individual's name from the record of the report, the individual must request the tribal program to submit documentation to the department verifying the removal of the individual's name from the record.

Cross-References:

Revocation or refusal to issue or renew license or registration for child abuse or violence, SDCL 26-6-23.1.

Central registry background checks on employees, SDCL 26-6-23.2.

Substantiated reports, § 67:14:39:04.

Source: 51 SDR 127, effective June 1, 2025 .

General Authority: SDCL 26-6-16 .

Law Implemented: SDCL 26-6-11 , 26-6-16 , 26-6-23.2 .