South Carolina General Assembly
106th Session, 1985-1986

Bill 787


                    Current Status

Bill Number:               787
Ratification Number:       368
Act Number:                349
Introducing Body:          Senate
Subject:                   Relating to institutional abuse and
                           neglect investigations by the Department of
                           Social Services
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A349, R368, S787)

AN ACT TO AMEND SECTION 20-7-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL ABUSE AND NEGLECT INVESTIGATIONS BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO PROHIBIT THE DEPARTMENT FROM INVESTIGATING ANY ALLEGATION OF ABUSE OR NEGLECT OF A CHILD WHERE THE CHILD IS IN THE CUSTODY OF OR A RESIDENT OF A PUBLIC OR PRIVATE HEALTH FACILITY, INSTITUTION, OR AGENCY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH AND TO PROVIDE FOR THESE ALLEGATIONS TO BE INVESTIGATED BY THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR.

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

Department empowered

SECTION 1. Section 20-7-670 of the 1976 Code is amended to read:

"Section 20-7-670. (A) The Department of Social Services Child Protective Services is empowered to receive and investigate reports of institutional abuse and neglect and shall promulgate regulations consistent with this authority to investigate the reports and take remedial action, if necessary. In no case does the Department of Social Services have responsibility for investigating allegations of abuse and neglect in institutions operated by the Department of Social Services.

The Department of Social Services shall take whatever steps it considers necessary to inform potential reporters of institutional abuse and neglect of its responsibilities under this section.

(B) Subject to the provisions of subsection (A), the State Law Enforcement Division is empowered to receive and investigate reports of institutional abuse and neglect alleged to have occurred in any institution operated by the Department of Social Services and may promulgate regulations consistent with this authority to investigate the reports and take remedial action, if necessary.

The agency shall take whatever steps it considers necessary to inform potential reporters of institutional abuse and neglect of its responsibilities under this section.

(C) Notwithstanding the provisions of subsection (A) nor any other provision of this article, the Department of Social Services may not investigate any allegation of abuse or neglect of a child where the child is in the custody of or a resident of a public or private health facility, institution, or agency licensed by the Department of Health and Environmental Control or operated by the Department of Mental Health. All of these allegations of abuse and neglect must be investigated by the ombudsman of the office of the Governor pursuant to Sections 43-30-10 through 43-30-100 and Sections 43-38-10 through 43-38-50."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.