South Dakota Legal Update: New Background Check Requirements for Individuals Seeking to be Guardians and Conservators

Effective July 1, 2016, SDCL 29A-5-110 requires all individuals proposed as guardian and/or conservator candidates obtain a state/federal criminal background check and state public civil record search unless the court finds good cause to waive the requirement. The fingerprint cards and instructions for obtaining these background checks are available at Clerk of Court Offices statewide. The fingerprinting must be performed by a law enforcement agency, and may entail a fee.

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