View Amendment Current Amendment: 19423AB12.docx to Bill 859     The Medical Affairs Committee proposed the following amendment (AGM\19423AB12):
    Amend the bill, as and if amended, by deleting all after the enacting words and inserting:

/ SECTION     1.     Section 44-7-130(18) of the 1976 Code is amended to read:

    "(18)     'Children and adolescents in need of mental health treatment' in a residential treatment facility means a child or adolescent under age eighteen or a child or adolescent under age twenty-one who is a client of, committed to the custody of, or in the legal custody of an agency of the State of South Carolina who manifests a substantial disorder of cognitive or emotional process, which lessens or impairs to a marked degree that child's or adolescent's capacity either to develop or to exercise age-appropriate or age-adequate behavior. The behavior includes, but is not limited to, marked disorders of mood or thought processes, severe difficulties with self-control and judgment including behavior dangerous to self or others, and serious disturbances in the ability to care for and relate to others."

SECTION     2.     Article 3, Chapter 7, Title 44 of the 1976 Code is amended by adding:

    "Section 44-7-272.     A child or adolescent who is admitted to a residential treatment facility for children and adolescents to whom the sex offender registry applies must register pursuant to the requirements of Section 23-3-460. The facility shall ensure that any resident to whom the sex offender registry applies maintains up to date registration.

    Section 44-7-274.     If a child or adolescent in a residential treatment facility for children and adolescents leaves the facility premises without permission, the facility shall immediately report the incident to local law enforcement and inform them if the child may pose a threat to the safety of the public. The facility also shall immediately report the incident to the responsible party of the child or adolescent. The facility shall maintain an incident report on the matter including information that must be included in the report as prescribed by the department in regulation. These reports must be submitted to the department within ten days after the incident, maintained in accordance with the regulation, and are subject to inspection by the department at any time, upon request.

    Section 44-7-276.     (A)     The department shall develop criteria for residential treatment of children and adolescents.
    (B)     Based upon the needs of the residents, the department shall develop supervision, safety, security, and recordkeeping requirements in regulation as the department considers necessary to carry out its responsibilities under this chapter. A residential treatment facility for children and adolescents must comply with these requirements in order to be licensed and to obtain license renewal."

SECTION     3.     If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION     4.     This act takes effect upon approval by the Governor. /
    Renumber sections to conform.
    Amend title to conform.