HomeSouth Dakota Legislative Research Council Logo
MyLRC +
State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

400B0355   HOUSE BILL   NO.  1029  

Introduced by:    The Committee on Judiciary at the request of the Department of Social Services
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding criminal background checks for adults working in child care institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 26-6-14.4 be amended to read:
    26-6-14.4. In addition to the applicant, §§ 26-6-14.3 to 26-6-14.7, inclusive, shall be applicable to the criminal convictions conviction of the following persons:
            (1)    Adults responsible for administration or direct supervision of staff;
            (2)    Any adult residing in the facility;
            (3)    Any adult, including a volunteer, who provides care and supervision to the children.
    However, §§ 26-6-14.3 to 26-6-14.7, inclusive, do not apply to adult volunteers or adult staff employed by the applicant on an intermittent basis for less than ten days per month, if such adults are under constant supervision by adults who meet the requirements of §§ 26-6-14.3 to 26-6-14.7, inclusive any adult working in a child care institution, including a group home, residential treatment center, intensive residential treatment center, or shelter care facility.
    Section 2. That § 26-6-14.13 be amended to read:
    26-6-14.13. Information obtained from another state's child abuse and neglect central registry or from the national crime information databases for the purpose of conducting a background check under § 26-6-14.5 or for approval of a foster or adoptive placement may be used for purposes related to conducting the background check only and cannot may not be released except as authorized by law.