H 3624 Session 109 (1991-1992)
H 3624 General Bill, By R.S. Corning
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
43-1-95 so as to provide for the establishment by the State Department of
Social Services of written criteria for evaluating a county department, an
advisory committee, evaluations, corrective action plan, improvements, escrow
of funds, and county directors.
02/28/91 House Introduced and read first time HJ-6
02/28/91 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-6
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 43-1-95 SO AS TO PROVIDE FOR THE
ESTABLISHMENT BY THE STATE DEPARTMENT OF SOCIAL
SERVICES OF WRITTEN CRITERIA FOR EVALUATING A
COUNTY DEPARTMENT, AN ADVISORY COMMITTEE,
EVALUATIONS, CORRECTIVE ACTION PLAN, IMPROVEMENTS,
ESCROW OF FUNDS, AND COUNTY DIRECTORS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 43-1-95. (A) Before July 1, 1993, the State
Department of Social Services shall establish written criteria for
evaluating the quality of services provided by a county department of
social services in consultation with the county director, county advisory
council chairmen, and other knowledgeable persons. The criteria
include, but are not limited to:
(1) compliance with federal and state regulations;
(2) cooperation with other governmental and nonprofit
agencies in the county in which it is located and adjacent counties;
(3) development of staff activities, including participation in
training;
(4) retention of staff;
(5) improvement of performance through specific criteria;
(6) compliance with professional standards of social work
developed by national accrediting agencies including, but not limited to,
the American Humane Association and the American Public Welfare
Association;
(7) compliance with equal employment opportunity standards;
(8) methods to obtain information from its clients about its
performance;
(9) methods to obtain information from other governmental
and nonprofit agencies about its performance.
(B) The department shall create an advisory committee pursuant
to Section 43-1-60 to assist in the design of a review procedure for
county operations to take effect January 1, 1992. The members include,
but are not limited to, the faculty of the schools of social work at the
University of South Carolina and South Carolina State College; county
directors; county board chairmen; nonprofit agencies; and clients of the
department. The advisory committee shall make recommendations to
the South Carolina Board of Social Services based on the data counties
provide to the department.
(C) Beginning January 1, 1994, and before January 2 of each year,
the department shall evaluate each county department based on the
criteria provided in this section.
(D) If the county department does not comply with the criteria, the
county director shall develop a corrective action plan to be submitted to
the board within thirty days of receipt of the evaluation. The board shall
review the corrective action plan and, in consultation with the county
director, make necessary changes.
(E) If the county department does not comply with the corrective
action within the time specified by the department, the board shall take
action it considers necessary to improve the operation of the county
department including, but not limited to, disciplining or terminating the
county director.
(F) During implementation of the corrective action plan, the board
may cause state and federal funds for programs administered by the
county department to be escrowed until the corrective action plan has
been implemented to the satisfaction of the board. The board may
release funds from escrow for a program which it determines has been
restored to at least the level of the minimum criteria even though the
corrective action plan as a whole has not been completed. When the
board determines that the corrective action plan has been completed, it
shall release the escrowed funds to the county department.
(G) If the board determines that the county department's
performance is substantially below the minimum criteria and prevents
the effective delivery of social services in the county, it may remove the
county director immediately and appoint an interim director until the
resolution of an appeal by the county director or until a new director is
selected in accordance with Section 43-3-40.
(H) The board, in cooperation with the advisory committee, shall
establish criteria for the employment, evaluation, and retention of county
directors."
SECTION 2. This act takes effect upon approval by the Governor.
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