ENTITLED, An Act to
revise the procedures for due process regarding the central registry for abuse
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
be amended to read as follows:
Within thirty days after the Department of Social Services notifies any person that he
or she will be placed on the central registry for child abuse and neglect based upon a substantiated
investigation, the person may request an administrative hearing. The administrative hearing is limited
to determining whether the record should be amended or removed on the grounds that it is
inaccurate. The request shall be made in writing and directed to the person designated by the
department in the notice. However, if there has been a court finding of child abuse or neglect, the
record's accuracy is conclusively presumed and the person has no right to an administrative hearing.
In the hearing, the burden of proving the accuracy of the record is on the department. The hearing
examiner may order the amendment or removal of the record. The decision of the hearing examiner
shall be made in writing within ninety days after the date of receipt of the request for a hearing and
shall state the reasons upon which it is based. Decisions of the department under this section are
administrative decisions subject to judicial review under chapter 1-26. In any case where there has
been no substantiated report of child abuse and neglect, the department may not maintain a record
or other information of unsubstantiated child abuse and neglect for longer than three years if there
has been no further report within that three-year period.
An Act to revise the procedures for due process regarding the central registry for abuse and neglect.
I certify that the attached
originated in the
Speaker of the House
President of the Senate
Secretary of the Senate
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State