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

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

4. (4) Any felony conviction occurring within the past five years.

   If an individual is seeking licensure as a kinship foster parent from another child-placement agency, the department must 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 must notify the child-placement agency of the existence of the conviction.

   Cross-References:

   Information from another state's central registry or national crime database to be used only for background check, SDCL 26-6-14.13.

   Confidentiality of abuse or neglect information -- Violation as misdemeanor -- Release to certain parties, SDCL 26-8A-13.

   Required criminal records checks, 42 U.S.C. § 671(a)(20).

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

General Authority: SDCL 26-6-16 .

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