26-8A-11. Request to amend or remove record--Administrative hearing--Decision.
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.
Source: SL 1991, ch 217, §120; SL 1996, ch 178, §2; SL 1997, ch 159, §1; SL 2007, ch 164, §1.
Structure South Dakota Codified Laws
Chapter 08A - Protection Of Children From Abuse Or Neglect
Section 26-8A-1 - Purpose of chapter.
Section 26-8A-2 - Abused or neglected child.
Section 26-8A-5 - Application of terms.
Section 26-8A-8 - Oral report of abuse or neglect--To whom made--Response report.
Section 26-8A-10 - Report to social services--Content.
Section 26-8A-10.2 - Exception to notice requirement.
Section 26-8A-11 - Request to amend or remove record--Administrative hearing--Decision.
Section 26-8A-12 - Operation of central registry for abuse and neglect--Adoption of rules.
Section 26-8A-13.2 - Consent of possible caretaker required for central registry screenings.
Section 26-8A-14 - Immunity from liability.
Section 26-8A-15 - Communications not privileged in child abuse or neglect cases.
Section 26-8A-17 - Child protection teams.
Section 26-8A-18 - Appointment of counsel--Compensation--Assistance.
Section 26-8A-19 - Abused and neglected child defense fund--Distribution to counties--Pro rata.
Section 26-8A-20 - Appointment of representative of child's best interest--Duties.
Section 26-8A-21.1 - Exceptions to §26-8A-21.
Section 26-8A-24 - Periodic review hearings of foster care status--Petition for judicial action.
Section 26-8A-25 - Criteria for determining continued placement of child separate from home.
Section 26-8A-26.1 - Additional reasons for termination of parental rights.
Section 26-8A-28 - Notice of order or final decree--Service--Appeal.
Section 26-8A-29 - Continuing jurisdiction over abused or neglected child.
Section 26-8A-30 - Testimony of child by closed circuit television--Hearing to determine necessity.
Section 26-8A-32 - Due regard to be afforded Indian Child Welfare Act.
Section 26-8A-33 - Proceeding involving child covered by Indian Child Welfare Act.
Section 26-8A-34 - Alcohol or drug testing as condition of child placement or return.
Section 26-8A-36 - Immunity from liability for administering or not administering toxicology test.