67:14:39:10Review of information for central registry after

five years -- Substantiation. If a record is on the central registry because of a substantiated report of abuse or neglect, the department shall consider the following information when determining whether to remove the record from the central registry after a period of five years: (1) The severity of the abuse or neglect; (2) Reports of child abuse or neglect that involved the individual before the individual's name was placed on the central registry; (3) Reports of child abuse or neglect that involved the individual subsequent to the individual's name being placed on the central registry; (4) Action taken by the individual to eliminate the risk that the individual would abuse or neglect a child and the impact of that action; (5) Information regarding the individual's current circumstances, as well as the circumstances existing at the time of the report; and (6) Law enforcement records from the last five years. The individual is responsible for providing the documentation required under subdivisions (4), (5), and (6) of this section.

Source: Portions of this rule were transferred from § 67:14:39:09, 34 SDR 180, effective December 26, 2007.