67:42:18:13Criminal record check.

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

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