Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/ SECTION 1. Section 63-13-20(4) of the 1976 Code is amended to read:
"(4) 'Childcare
facilities' means a facility which provides care, supervision,
or guidance for a minor child who is not related by blood,
marriage, or adoption to the owner or operator of the facility
whether or not the facility is operated for profit and whether
or not the facility makes a charge for services offered by it.
This definition includes, but is not limited to, day nurseries,
nursery schools, childcare centers, group childcare homes, and
family childcare homes. The term does not include:
(a)
an educational facility, whether private or public, which
operates solely for educational purposes in grade one or
above;
(b)
five-year-old kindergarten programs;
(c)
kindergartens or nursery schools or other daytime
programs, including public, private, nonprofit, and athletic
programs, with or without stated educational purposes,
operating no more than four two hours a
day and receiving children younger than lawful
school twelve years of age;
(d)
facilities operated for more than four
two hours a day in connection with a shopping center or
service or other similar facility, where the same children are
cared for less than four hours a day and not on a regular basis
as defined in this chapter while parents or custodians of the
children are occupied on the premises or are in the
immediate vicinity and immediately available; however,
these facilities must meet local fire and sanitation
requirements and maintain documentation on these requirements on
file at the facility available for public inspection;
(e)
school vacation or school holiday day camps for
children operating in distinct sessions running less than
three with sessions lasting two weeks per
session unless the day camp permits children to enroll
in successive sessions so that their total attendance may exceed
three weeks. This chapter prohibits any business
from operating any school vacation or school holiday camp or
education program that cares for children for more than two
weeks without having a childcare license or registration. This
includes programs that run multiple week programs consecutively
so that children can attend for more than two weeks by stacking
programs/themes throughout the summer. Programs lasting more
than two weeks must comply with this chapter before opening,
including the requirement to be licensed or registered by the
department;
(f)
summer resident camps for children;
(g)
bible schools normally conducted during vacation
periods;
(h)
facilities for persons with intellectual disability
provided for in Chapter 21, Title 44;
(i)
facilities for the mentally ill as provided for in Chapter
17, Title 44;
(j)
childcare centers and group childcare homes owned and
operated by a local church congregation,
or an established religious
denomination, or a religious college or university which
does not receive state or federal financial assistance for
childcare services; however, these facilities must comply with
the provisions of Article 9, and Sections
63-13-60 and 63-13-110, and that these
facilities voluntarily may elect to become licensed according to
the process as set forth in Article 3 and Sections 63-13-30,
63-13-40, 63-13-70, 63-13-80, 63-13-90, 63-13-100, 63-13-160,
and 63-13-170;
(k)
certain childcare facilities defined in subitems
(c) and (e) that elect not to become licensed according to the
process set forth in Article 3, Chapter 13, Title 63 and
Sections 63-13-30, 63-13-40, 63-13-70, 63-13-80, 63-13-90,
63-13-100, 63-13-160, and 63-13-170, if the facility charges
less than twenty-five dollars per child per month inclusive of
any associated fees. Any childcare facility electing not to
become licensed must:
(i)
comply with the requirements of Sections
63-13-30, 63-13-40, 63-13-70, 63-13-110, and 63-13-185 and any
child safety training requirements; and
(ii)
facilitate the annual inspection by the
department pursuant to Section 63-13-80(A) to ensure compliance
with the requirements of subitem (k)(i);
(l)
any facility open to the general public that
does not charge fees and where open play time, not part of a
scheduled program, is available such as in community centers,
playgrounds, sports fields, and gymnasiums; and
(m)
any half-day 4K programs required by Section
59-5-65(8) and summer reading camps required by Section
59-155-160."
SECTION 2. Section 63-13-210 of the 1976 Code is amended to read:
"Section 63-13-210.
(A) An owner or
operator of a childcare center, group childcare home, or family
childcare home, as defined by Section 63-13-20, who does
not carry liability insurance for the operation of his childcare
business, shall, by no later than January 1, 2009, obtain signed
statements from the custodial parent or parents or guardian or
guardians of each child currently enrolled in the childcare
center, group childcare home, or family childcare home
indicating that the parent or parents or guardian or guardians
have received notice that the childcare center, group childcare
home, or family childcare home does not carry liability
insurance for the operation of its childcare business
must carry liability insurance. The owner or
operator of a childcare center, group childcare home, or family
childcare home must maintain a file of these signed statements
at the home during the period of time a child is enrolled. For
new enrollees to a childcare center, group childcare home, or
family childcare home, the owner or operator must provide the
parent or parents or guardian or guardians of a new enrollee
with this information at the time of enrollment, obtain a signed
statement from each parent or guardian at the time of
enrollment, and maintain these signed statements at the home
during the period of time a child is enrolled.
(B)
If an owner or operator of a childcare center,
group childcare home, or family childcare home, as defined by
Section 63-13-20, has liability insurance for the operation of
his childcare business that lapses or is canceled and not
reinstated or replaced, the owner or operator shall obtain and
maintain statements in accordance with subsection (A) from the
custodial parent or parents or guardian or guardians of each
child enrolled in the childcare center, group childcare home, or
family childcare home no later than thirty days after the
liability insurance lapses or is canceled.
(C)
The department shall send a letter to each
childcare center, group childcare home, and family childcare
home licensed or registered as of June 30, 2008, with the
department informing each home of the requirements of
subsections (A) and (B), that each home must comply with these
requirements by no later than January 1, 2009, and that
compliance is a requirement for initial licensure and a
continuing annual requirement for relicensure. For childcare
centers, group childcare homes, and family childcare homes
licensed or registered after June 30, 2008, the department shall
provide the information contained in subsections (A) and (B) at
the time the childcare center, group childcare home, or family
childcare home applies for a license or
registration."
SECTION 3. Article 1, Chapter 13, Title 63 of the 1976 Code is amended by adding:
"Section 63-13-220. The department's childcare facility licensing division administers the ABC Childcare Program which makes payments to childcare providers to care for children from low income families so their parents can work. The department may issue ABC Childcare Program vouchers only to childcare facilities that are licensed or registered by the department's childcare facility licensing division and that are in compliance with regulations promulgated by the department pursuant to this section or by another provision of law."
SECTION 4. Article 1, Chapter 13, Title 63 of the 1976 Code is amended by adding:
"Section 63-13-230.
For any childcare facility defined by Section
63-13-20(4)(c) or (e), the following conditions apply:
(1) A teacher/caregiver
who is sixteen or seventeen years of age may be employed and may
be counted as adult staff for purposes of staff/child ratio as
long as that teacher/caregiver is continuously supervised by a
fully qualified teacher/caregiver, as defined by South Carolina
Regulation 114-503(K)(4), who is in the room at all times. One
adult staff person may supervise no more than two
teachers/caregivers who are sixteen or seventeen years of
age.
(2) A volunteer
employee, who is at least sixteen years of age, may work in the
facility; however, the volunteer is not permitted to be counted
for purposes of meeting the child/staff ratio requirements. In
addition, the volunteer must be continuously supervised by a
fully qualified teacher/caregiver, as defined by South Carolina
Regulation 114-503(K)(4), who is in the room at all times, and
the volunteer must have a completed approved SLED check. One
adult staff person may supervise no more than two
volunteers.
(3) For seasonal
employees or after school employees the training criteria
required by regulation shall be pro-rated according to the
department policy on regulations.
(4) If a childcare
facility is part of a multi-site facility, the employee records
required under the law and regulation may be kept on site or in
a central location, or must be available electronically at each
site.
(5) The education
degrees required in South Carolina Regulation
114-503(K)(3)(c)(i) also must include any other bachelors'
degrees such as a recreation, sports management, elementary
education, and family and social sciences.
(6) The childcare
facility must have hot and cold water under pressure in at least
the kitchen or food preparation area. Hot water must be between
one hundred to one hundred twenty-five degrees Fahrenheit.
There must be at least one sink with running water under
pressure to every twenty children over two years of age. Sinks
must be located in or near each toilet area.
(7) Outdoor recreation
fields are exempt from any department regulations concerning
bathroom and water requirements.
(8) Background check
fees related to employees and volunteers of a governmental
agency pursuant to Chapter 13, Title 63 must be the same as the
fees charged to non-profit/charitable fees."
SECTION 5. Article 3, Chapter 13, Title 63 of the 1976 Code is amended by adding:
"Section 63-13-470. A regular license or regular approval issued by the department to private childcare centers or group childcare homes is valid for two years from the date of issuance, unless revoked by the department or voluntarily surrendered by the director of the private childcare center or the director of the group childcare home; provided, however, that a change in location, ownership, or sponsorship of the facility automatically voids the license or approval. After the private childcare center or group childcare home has been in business for two years, the renewal license is valid for three years from the date of issuance."
SECTION 6. A. Except as provided in SECTION 6.B, this act takes effect upon approval of the Governor.
B. The new requirements in SECTION 2 and SECTION 4 of this act take effect ninety days after approval of the Governor. The changes in this act that relate to experience and education requirements do not apply to staff employed on or before the effective date of the act. However, those staff must comply with any changes to background checks, training, and any other requirements. A teacher/caregiver employed on or before the effective date of this act who has more than a twelve-month break in service after the effective date of this act must meet the regulations and guidelines for reemployment. /
Renumber sections to conform.
Amend title to conform.