S 578 Session 110 (1993-1994)
S 0578 General Bill, By Thomas
Similar(H 3669)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
20-7-1642 so as to prohibit placement of children in foster care with a person
with a substantiated history of child abuse or neglect, or who has been
convicted of offenses against a person or against morality or decency; by
adding Section 20-7-1643 so as to require the State Department of Social
Services to establish standards for foster parent training; by adding Section
43-1-115 so as to require the Department to conduct biennial performance
audits of county Department of Social Services Child Protective Services and
Foster Care Programs; by amending Section 20-7-2240, relating to agencies and
institutions exempt from regulation as a child welfare agency, so as to
provide that foster care facilities, not receiving state or federal funds,
operated by certain religious organizations must pass annual fire, health, and
sanitation inspections.
03/23/93 Senate Introduced and read first time SJ-9
03/23/93 Senate Referred to Committee on General SJ-9
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 20-7-1642 SO AS TO PROHIBIT
PLACEMENT OF CHILDREN IN FOSTER CARE WITH A PERSON
WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR
NEGLECT, OR WHO HAS BEEN CONVICTED OF OFFENSES
AGAINST A PERSON OR AGAINST MORALITY OR DECENCY;
BY ADDING SECTION 20-7-1643 SO AS TO REQUIRE THE STATE
DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH
STANDARDS FOR FOSTER PARENT TRAINING; BY ADDING
SECTION 43-1-115 SO AS TO REQUIRE THE DEPARTMENT TO
CONDUCT BIENNIAL PERFORMANCE AUDITS OF COUNTY
DEPARTMENT OF SOCIAL SERVICES CHILD PROTECTIVE
SERVICES AND FOSTER CARE PROGRAMS; BY AMENDING
SECTION 20-7-2240, RELATING TO AGENCIES AND
INSTITUTIONS EXEMPT FROM REGULATION AS A CHILD
WELFARE AGENCY, SO AS TO PROVIDE THAT FOSTER CARE
FACILITIES, NOT RECEIVING STATE OR FEDERAL FUNDS,
OPERATED BY CERTAIN RELIGIOUS ORGANIZATIONS MUST
PASS ANNUAL FIRE, HEALTH, AND SANITATION
INSPECTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-1642. No child may be placed in foster care
with a person:
(1) with a substantiated history of child abuse or neglect; or
(2) who has pled guilty or nolo contendere to or who has been
convicted of:
(a) an `Offense Against the Person' as provided for in Chapter 3,
Title 16;
(b) an `Offense Against Morality or Decency' as provided for in
Chapter 15, Title 16; or
(c) contributing to the delinquency of a minor as provided for in
Section 16-17-490."
SECTION 2. The 1976 Code is amended by adding:
"Section 20-7-1643. The Department of Social Services shall
establish standards for foster parent training so as to ensure uniform
preparedness for foster parents who care for abused or neglected
children in the custody of the State. These standards shall specifically
prohibit the viewing of standard television programs or reading of
articles from popular magazines or daily newspapers as complying with
the completion of pre-service or annual foster parent training
requirements."
SECTION 3. The 1976 Code is amended by adding:
"Section 43-1-115. The State Department shall conduct, at
least once every two years, a detailed performance audit, which must
include, but is not limited to, the child protective services and foster care
programs of every local county office. The department shall use a
sample size that will ensure the results of the audit to be within a
ninety-five percent confidence level. The department shall prepare a full
and detailed report of its findings and include any proposals to rectify
any deficiencies noted. The State Department shall submit, within
ninety calendar days of the completion of the county performance audit
review, a copy of its final report to the Governor, Lieutenant Governor,
members of the respective county legislative delegations, the Joint
Legislative Committee on Children, and the county Advisory Board of
Social Services. The final and all draft audit reports are public
information and upon request must be provided to any member of the
public within the time period set forth by the Freedom of Information
Act. As public information, the State Department shall also submit two
copies of the final report to the State Library and one copy of the final
report to any public library within the county reviewed. The failure of
the State Department to conduct the required biennial performance
audits of any county office is considered nonfeasance in office by the
State Commission, is cause for the commissioner's removal, and subjects
the commissioner to the penalties for nonfeasance."
SECTION 4. Section 20-7-2240 of the 1976 Code is amended to read:
"Section 20-7-2240. The provisions of this (A)
This subarticle shall does not apply to:
(1) child welfare agencies existing on March 9, 1956, and
operating under the active supervision of a governing board representing
an established religious denomination, except as these agencies
voluntarily assume the obligations and acquire the rights provided by
this subarticle.;
(2) The State Children's Bureau.
(3) (2) any children's home or institution to which
state funds are appropriated.;
(4) (3) The John de la Howe School in McCormick
County; provided, that the board of trustees of that school may elect to
be licensed by the department, in which case the board of trustees shall
request, by resolution, the department to license the John de la Howe
School. When a license has been issued to the John de la Howe School
by the department, pursuant to the terms of this subarticle, the
school shall be is bound by all rules and
regulations promulgated by the department relating to licensing
standards and other matters pertaining thereto to licensing
standards.
(5) Rescue missions, or other similar charitable institutions,
organized before May 8, 1959, for the purpose of providing temporary
care and custody of children and other needy persons and operating
under a local board of trustees pursuant to and duly authorized by
law.
(B) However, a foster care facility which does not receive state
or federal financial assistance, operated by a local church congregation
or established religious denomination or religious college or university
must register with the department and report the number of children kept
at the facility with the State Department of Social Services by January
second of every year. These facilities must pass annual inspections by
state or local authorities for compliance with the fire, health, and
sanitation requirements."
SECTION 5. This act takes effect July 1, 1993.
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