S.D. Admin. R. 67:42:17:12 - Background check

All child care providers, program employees age fourteen and older, and family day care household members who are eighteen years of age and older, are required to meet federal background check requirements. An individual is prohibited from providing care or working in a child care setting if the background check detects any of the following:

(1) A crime that would indicate harmful behavior towards children;

(2) A crime of violence as defined by SDCL 22-1-2 or a similar statute from another state;

(3) A sex crime pursuant to SDCL chapters 22-22 or 22-24 A or SDCL 22-22A-3 or similar statutes from another state;

(4) A felony conviction for domestic abuse, physical assault or battery, kidnapping or arson;

(5) Within the preceding five years, a conviction for any other felony; or

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

A family day care provider is prohibited from providing care in their home if any household member's background check detects any of the items listed above.

A background check is required at least once during every five-year period following the initial submission.

Notes

S.D. Admin. R. 67:42:17:12

49 SDR 124, effective 7/3/2023

General Authority: SDCL 26-6-16.

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