Cabinet Secretary
Matt Althoff
Child Care Provider Background Screening
All registered and licensed child care providers as well as informal and in-home providers receiving Child Care and Development Fund (CCDF) funds are required by Federal law (45 C.F.R. 98.43) to complete in-state and out-of-state screenings. In state background screenings are required every five years. The following in-state background screenings are required:
- SD criminal registry - fingerprints are required to complete this process;
- SD sex offender registry - SD will complete this check once screenings are submitted for processing;
- SD child registry for abuse and neglect - a specific form is required for this process;
- National Crime Information Center (NCIC) - SD will complete this check once screenings are submitted for processing; and
- National criminal record check (FBI) - fingerprints are required to complete this process.
Note: DSS highly encourages using digital live scan fingerprinting whenever possible. Submitting digital fingerprints is faster and almost eliminates the risk of fingerprints being rejected and the need to be resubmitted. Please contact your appropriate Child Care Licensing Districts to learn more about Digital Live Scan machines and processes.
Live Scan Instructions and LocationsThe following out-of-state background screenings are required for each state an individual has resided within the past five years:
- state central registry of child abuse and neglect check;
- state criminal background check; and
- state sex offender registry check.
Each licensed child care program that holds a license to operate a child care center or before and after school program will be required to complete the steps listed under: SD Child Care Programs: In-State background Screening Requirements and SD Child Care Programs: Out-of-State background Screening Requirements below.
Providers do not need to submit payment if there is a fee indicated. DSS will pay any fees required. Results from the in-state and out-of-state screening process will be available under the OLA Provider Portal message center once completed.
Circumstances That Prohibit Providing Care to Children
An individual is prohibited from providing care if the results of the background check include:
- a crime that would indicate harmful behavior toward children;
- a crime of violence as defined by SDLRC - Codified Law 22-1-2
- child abuse pursuant to SDLRC - Codified Law 26-10
- a sex offense pursuant to SDLRC - Codified Law 22-22; SDLRC - Codified Law 22-24A, or SDLRC - Codified Law 22-22A-3
- felony spousal abuse; felony physical assault or battery;
- any person whose name appears on the central registry for child abuse and neglect. This includes similar statutes from other states.
- felony convictions or violent misdemeanors outlined in Federal Law 45 CFR § 98.43 - Criminal background checks.
In addition, a person is ineligible to provide care if they:
- Knowingly make false statements in connection with this background check;
- Are registered, or required to be registered, on a Sex Offender Registry; or
- Refuse to consent to the background check.
SD Child Care Programs: In-State Background Screening Requirements
Please complete all requests by logging in under your Provider Portal.
Instructions for completion are provided at the top of the Background Check menu section.
Live Scan Background Check Process
For additional assistance, please call or email DSSOLAScreening@state.sd.us.Information for Interstate Child Care Agency Requests
South Dakota is not a National Fingerprint File (NFF) or a National Crime Prevention and Privacy Compact state.
Central Registry for Child Abuse and Neglect:
Complete the Permission to Screen for Reports of Abuse and Neglect form and submit to DSSCRS@state.sd.us
Contact Information:
Child Protection Services
700 Governors Drive
Pierre, SD 57501
605.773.3227
WebsiteNote: All Central Registry screening results will be returned to the individual who is being screened. The individual may share the screening result with a potential employer. A cleared screened will be documented with a stamp, date of clearance, and state representative signature on the form submitted. A screening takes an average of 5-7 business days from date of receipt to be returned.
Criminal Records Check
Complete the Interstate Background Check Request form and submit to nofeesearches@ujs.state.sd.us. There is no fee for state or federal government or tribal agencies to complete criminal record repository search.
Contact Information:
South Dakota Unified Judicial System
500 East Capitol Avenue
Pierre, SD 57501
605.773.3474 | Fax 605.773.8437
WebsiteNote: This is a criminal record name/DOB search and not a fingerprint-based search. For requirements and instructions on submitting a fingerprint criminal record search by mailing fingerprint cards through USPS and how to pay with check or money order, visit atg.sd.gov/LawEnforcement/Identification/bgcheckmail.aspx.
Contact Information:
Office of the Attorney General
1302 E Hwy 14, Suite 1
Pierre, SD 57501
605.773.3215 | Fax 605.773.4106
TTY: 605.773.6585 (For the Hearing Impaired)
Website
State Sex Offender Registry Check
The South Dakota Sex Offender Registry is maintained by the South Dakota Division of Criminal Investigation. The website offers several methods to which individuals can search the registry.
Contact Information:
South Dakota Department of Corrections
3200 E Hwy 34
c/o 500 East Capital Ave.
Pierre, SD 57501
605.773.3478 | Fax 605.773.6810
Website | FAQ
The National Sex Offender Public website allows you to search sex offender registries for all 50 states, the District of Columbia, U.S. Territories, and Indian Country.
SD Child Care Programs: Out-of-State Background Screening Requirements
Step One: Each individual age 18 or older and has lived outside of the State of South Dakota in the past five years, will download the appropriate out-of-state background screening forms (central registry and criminal record check) for each state lived in within the past five years, using the links under the heading below. Individuals must complete the forms, any other documentation required; needed; and submit back to the child care program. Some forms require the signature to be notarized.
Step Two: Providers will complete all requests by logging in under your Provider Portal.
Instructions for completion are provided at the top of the Background Check menu section.
Step Three: Once the Background Check Request has been completed within the Provider Portal, send all hard copy forms along with the Program Name and Location to:
Office of Licensing & Accreditation
700 Governor’s Drive
Pierre, SD 57501Note: For additional assistance, please call 605.480.9407 or email: Kyli.Hill@state.sd.us.
Out-of-State Background Screening Forms from Other States
The following documents, arranged by State, are for use by South Dakota child care providers when submitting forms for their staff out of state central registry and criminal record background checks.
Other Links
- Background Screening Information
- Child Care & Dev. State Plan
- Child Seat Safety Distribution Program
- Child Care Assistance Program
- Child Care Inspection Results
- Early Learning Guidelines
- Emergency Preparedness
- Licensing and Registration Information
- Quality Initiatives
- Search for Child Care
- Training and Education