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SD DHS Division of Developmental Disabilities Policy Memorandum 02-15 - Criminal Background Checks for Potential Employees

South Dakotasub-regulatorySouth Dakota Department of Human Services, Division of Developmental Disabilities

What this rule requires your agency to do

  • 1The provider agency must apply the exclusions included in Policy Memorandum 02-03 that are governed and required by federal regulations when reviewing background check results. (DDD Policy Memorandum 02-15 (referencing PM 02-03))(SD DHS Division of Developmental Disabilities Policy Memorandum 02-15 - Criminal Background Checks for Potential Employees)
  • 2The provider agency must use its discretion to review the information obtained from the background check when making hiring decisions. (DDD Policy Memorandum 02-15)(DDD Policy Memorandum 02-15)
  • 3The provider agency must conduct a criminal background check for each new employee prior to hiring that employee. (DDD Policy Memorandum 02-15)(DDD Policy Memorandum 02-15)

Applies to: home and community-based / personal care services delivered by Division of Developmental Disabilities provider agencies

South Dakota DHS Division of Developmental Disabilities Policy Memorandum 02-15 requires DD provider agencies to conduct a criminal background check on each new employee before hiring and to apply federally mandated exclusions from Policy Memorandum 02-03. It recommends using the county clerk of courts system and exempts agencies already complying with SDCL 13-10-12.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.