Bill 3245

                    Current Status

Bill Number:               3245
Ratification Number:       465
Act Number:                421
Introducing Body:          House
Subject:                   Create the Children's Case Resolution
                           System

(A421, R465, H3245)

AN ACT TO AMEND CHAPTER 7 OF TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 19 SO AS TO CREATE THE CHILDREN'S CASE RESOLUTION SYSTEM, TO DEFINE THE PURPOSES AND FUNCTIONS OF THE SYSTEM, TO PROVIDE WHEN CASES MAY BE REVIEWED BY THE SYSTEM, TO OUTLINE THE REQUIREMENTS OF DECISIONS BY THE SYSTEM, AND TO PROHIBIT THE PROVISION OF ADDITIONAL STAFF AND STATE FUNDS TO CARRY OUT THE ADMINISTRATIVE PROVISIONS OF THE ARTICLE.

Be it enacted by the General Assembly of the State of South Carolina:

Children's Case Resolution System

SECTION 1. Chapter 7 of Title 20 of the 1976 Code is amended by adding:

"Article 19

Children's Case Resolution System

Section 20-7-5210. There is created the Children's Case Resolution System, referred to in this article as the System, which is a process of reviewing cases on behalf of children for whom the appropriate public agencies collectively have not provided the necessary services. The System must be housed in and staffed by the Governor's Office.

Section 20-7-5220. The purposes of the System are:

(a) to review cases of children referred to the System to determine the need to facilitate or recommend services for the children, or both, and to designate the responsibilities of each public agency as they relate to the children;

(b) to arbitrate cases where the public agencies charged with administering services to a child are unable to agree upon the services to be provided or where the proportion of the expense for the services to be paid by the agencies cannot be agreed upon; and

(c) to collectively review the cases of children to recommend changes or improvements, or both, in the delivery of service by public agencies serving children.

Section 20-7-5230. Cases may be reviewed by the System when there is a disagreement between the child's parent and the local educational agency state operated programs, and all due process rights and procedures provided under Public Law 94-142 have been exhausted or terminated by written agreement by the parties; or there is no disagreement between the child's parent and the local educational agency state operated programs as to the services necessary for the child, but there has been an inability to obtain appropriate services.

Decisions made through the System are binding on all parties subject to item (e) of Section 20-7-5240. The decisions must comply with all principles of 'least restrictive environment', as used in Public Law 94-142 and of the other provisions of the public law; must serve the children through their families and communities except where not possible; and must comply with all provisions of law regarding division of financial responsibility among public agencies, if any.

Section 20-7-5240. The functions of the System include, but are not limited to, the following:

(a) receive case referrals from any source;

(b) review each case referred and continue in the System only the cases in which individual public agency and interagency efforts to resolve the case have been exhausted;

(c) conduct meetings with public agency representatives designated by the System as relevant to the case for the purpose of obtaining the unanimous consent of the designated agencies in the development of a plan for each child and designating the responsibilities of each agency pursuant to that plan. Each agency requested by the System shall send a representative to the meetings and shall provide information and assistance as may be required by the System. Parties that have prior experience with the child or who logically are presumed to have service delivery responsibility for the child shall participate;

(d) convene a committee composed of public agency heads designated by the System as relevant to the case when unanimous consent is not obtained as required in item (c) for the purpose of obtaining the unanimous consent of the designated agencies in determining the child's service needs and designating the responsibilities of each agency as they relate to the child's service needs. Each agency must be represented by the agency head or by a member of the agency staff having the power to make final decisions on behalf of the agency head;

(e) when unanimous consent is not obtained as required in item (d), a panel must be convened composed of the following persons:

(1) one public agency board member and one agency head appointed by the Governor. Recommendations for appointments may be submitted by the Human Services Coordinating Council. No member may be appointed who represents any agency involved in the resolution of the case;

(2) one legislator appointed by the Governor upon the recommendation of the Joint Legislative Committee on Children; and

(3) two members appointed by the Governor, drawn from a list of qualified individuals not employed by a child serving public agency, established in advance by the System, who have knowledge of public services for children in South Carolina.

The chairman must be appointed by the Governor from members appointed as provided in subitem (3) of this item. A decision is made by a majority of the panel members present and voting, but in no case may a decision be rendered by less than three members. The panel shall review a case at the earliest possible date after sufficient staff review and evaluation pursuant to items (c) and (d) and shall make a decision by the next scheduled panel meeting. When private services are necessary, financial responsibility must be apportioned among the appropriate public agencies based on the reasons for the private services. Agencies designated by the panel shall carry out the decisions of the panel, but the decisions may not substantially affect the funds appropriated for the designated agency to such a degree that the intent of the General Assembly is changed. Substantial impact of the decisions must be defined by regulations promulgated by the State Budget and Control Board. When the panel identifies similar cases that illustrate a break in the delivery of service to children, either because of restrictions by law or substantial lack of funding, the panel shall report the situation to the General Assembly and subsequently may not accept any similar cases for decision until the General Assembly takes appropriate action, however, the System may continue to perform the functions provided in items (c) and (d).

Each member of the panel is entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions. The respective agency is responsible for the compensation of the members appointed in subitems (1) and (2) of this item, and the System is responsible for the compensation of the members appointed in subitem (3) of this item;

(f) monitor the implementation of case findings and panel recommendations to assure compliance with the decisions made by the System for each child;

(g) recommend improvements for the purpose of enhancing the effective operation of the System and the delivery of service to children by public agencies;

(h) submit an annual report on the activities of the System to the Governor, the Joint Legislative Committee on Children, and agencies designated by the System as relevant to the cases; and

(i) compile and transmit additional reports on the activities of the System, and recommendations for service delivery improvements, as necessary, to the Governor and the Joint Legislative Committee on Children."

No additional staff may be provided

SECTION 2. No additional staff nor state funds may be provided to carry out the administrative provisions of this act.

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.