Complaints or concerns about a social worker can be filed with the Board; they must be in writing and contain the following:
Complaints Procedure Used By The Board After A Complaint Has Been Received
Investigative Action
- the name, home address, and telephone number of the social worker;
- the name, address, and telephone number of the social worker's employing facility;
- the name, address, and telephone number of the complainant;
- the date of the complaint; and
- a brief statement of the complaint. The ultimate disposition on the complaint must be recorded when the matter is concluded.
- acknowledges receipt of the complaint;
- identifies the Investigator;
- informs the complainant that the allegations against the social worker will be provided to the social worker;
- notifies the complainant that a medical release or release of information may be sought from the social worker's client to aid in the investigation; and
- informs the complainant that disposition on the complaint will be reported to the complainant.
- A Hearing is Warranted. If the Investigator finds that there is reason to believe that the social worker has violated any of the provisions of SDCL chapter they are licensed under or ARSD, then the Investigator must submit to the Board, during a closed meeting if the information to be presented is derogatory pursuant to SDCL 1-26-2, reasons and a recommendation for pursuing the matter at a hearing. If the Board agrees, by majority vote of members present, with the Investigator's recommendation, the President of the Board, or the President's designee, shall promptly notify legal counsel for the Board of the Board's decision to commence a contested case hearing proceeding. The Notice of Hearing shall be prepared, pursuant to SDCL ch. 1-26, by legal counsel for the Board, signed by the President, and sent to the social worker. Noticing the matter for hearing does not preclude a subsequent Agreed Disposition.
- Dismissal for Lack of Sufficient Evidence. If the Investigator believes that the complaint should be dismissed for lack of sufficient evidence, then the Investigator must submit to the Board, during a closed meeting if the information to be presented is derogatory pursuant to SDCL 1-26-2, reasons and a recommendation for the dismissal.
If the Board agrees, by majority vote of members present, with the Investigator's recommendation, the President of the Board, or the President's designee, shall promptly send a dismissal letter to the complainant and the social worker. If a majority of the Board members present do not agree to dismiss the complaint, the matter shall be noticed for hearing pursuant to 4(a) of this Procedure.- Agreed Disposition. If the Investigator believes that the matter should be resolved by an agreed disposition between the Board and the social worker, then the Investigator must submit, in writing, to the Board the proposed disposition with supporting reasons.
If the Board agrees, by majority vote by members present, with the Investigator's proposed disposition, then an Agreed Disposition and Waiver of Hearing shall be signed by the social worker and President. After the Agreed Disposition and Waiver of Hearing is signed by the social worker and President, the President shall send a letter to the complainant concerning the agreed disposition of the complaint.