Current Status Introducing Body:Senate Bill Number:1 Primary Sponsor:Nell W. Smith Committee Number:13 Type of Legislation:GB Subject:Child day care facilities Residing Body:Senate Current Committee:Medical Affairs Computer Document Number:OLDVS/LIBOO/1929 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Sep 10, 1990 Last History Type:Prefiled, referred to Committee Scope of Legislation:Statewide All Sponsors:Nell W. Smith Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1 Senate Jan 08, 1991 Introduced and read first 13
time, referred to Committee
1 Senate Sep 10, 1990 Prefiled, referred to 13
Committee
View additional legislative information at the LPITS web site.
TO AMEND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE REGULATION OF AND STANDARDS FOR THE FACILITIES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE FELONY OFFENSES PROVIDED FOR IN THIS ACT; AND TO PROVIDE FOR APPOINTMENTS TO THE BOARD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Subarticle 11, Article 13, Chapter 7, Title 20 of the 1976 Code, as last amended by Act 368 of 1990, is further amended to read:
Section 20-7-2700. For the purpose of this subarticle:
a. "Child day care" means the care, supervision or guidance of a child or children, unaccompanied by the parent, guardian or custodian, on a regular basis, for periods of less than twenty-four hours per day, but more than four hours, in a place other than the child's or the children's own home or homes.
b. "Child day care facilities" means any facility which provides care, supervision or guidance for any minor child who is not related by blood, marriage or adoption to the owner or operator of such a 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, day care centers, group day care homes and family day care homes. The term does not include (1) any educational facility, whether private or public, which operates solely for educational purposes in grades one or above; (2) five-year-old kindergarten programs operated by public school systems; (3) kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age; (4) kindergartens or nursery schools or other daytime programs operated as part of a private school and receiving children younger than lawful school age for four hours a day or less, with or without stated educational purposes; (5) facilities operated for more than four 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 subarticle while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available; provided, however, that such facilities meet local fire and sanitation requirements; (6) summer resident or day camps for children; (7) Bible schools normally conducted during vacation periods; (8) facilities for the mentally retarded provided for in Article 3 of Chapter 21 of Title 44; (9) facilities for the mentally ill as provided for in S 44-17-10 of the 1976 Code; (10) child day care centers and group day care 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 day care services; provided, however, that such facilities must comply with the provisions of SS 20-7-2900 through 20-7-2970 and provided, further, that they may voluntarily elect to become licensed according to the process as set forth in SS 20-7-2700 through 20-7-2780 and SS 20-7-2980 through 20-7-3090.
c. "Public child day care facility" means a facility as defined under item b of this section which was created and exists by act of the State, or a county, city or other political subdivision, whose operation remains under the tutelage and control of a governmental agency.
d. "Private child day care facility" means a facility as defined under item b of this section which is not a public child day care facility, and which is able to be further classified as follows:
(1) "Entrepreneural child day care facility" means a facility whose day care operator may receive public assistance funds directly or indirectly but which is managed as a profit-making business enterprise and whose corporation or private ownership is liable for payment of federal and state income taxes on profits earned by the facility.
(2) "Nonprofit child day care facility" means a facility whose child day care operator may receive public assistance funds directly or indirectly but which is operated under the tutelage and control of a nonprofit or eleemosynary corporation, foundation, association or other organization whose ownership may or may not be liable for payment of federal and state income taxes on profits earned by the facility.
e. "Child day care center" means any facility which regularly receives thirteen or more children for day care.
f. "Group day care home" means any facility, generally within a dwelling unit, which regularly provides child day care for at least seven but not more than twelve children, unattended by a parent or a legal guardian, including those children living in the home and children received for day care who are related to the resident caregiver. Provided, however, that an occupied residence in which child day care is regularly provided only for a child or children related to the resident caregiver, or only for the child or children of one unrelated family, or only for a combination of such children is not a group day care home.
g. "Family day care home" means an occupied residence in which child day care is regularly provided for no more than six children, unattended by a parent or legal guardian, including those children living in the home and children received for day care who are related to the resident caregiver. Provided, however, that an occupied residence in which child day care is regularly provided only for a child or children related to the resident caregiver, or only for the child or children of one unrelated family, or only for a combination of such children is not a family day care home.
h. "Child day care operator" means the person, corporation, partnership, voluntary association or other public or private organization ultimately responsible for the overall operation of a child day care facility.
i. "Caregiver" means any person whose duties include direct care, supervision and guidance of children in a child day care facility.
j. "Minor child" means a person who has not reached the eighteenth birthday.
k. "Department" means the State Department of Social Services, the agency designated to administer the regulation of child day care facilities under subarticle, with the advice of the State Advisory Committee on the Regulation of Child Day Care Facilities.
l. "Committee" means the State Advisory Committee on the Regulation of Child Day Care Facilities, named under this subarticle to advise the department on regulatory matters related to child day care facilities.
m. "Commissioner" means the administrative head of the department.
n. "Regularly, or on a regular basis": these terms refer to the frequency with which child day care services are available and provided at a facility in any one week; these terms mean the availability and provision of periods of day care on more than two days in such week.
o. "Related" means any of the following relationships by marriage, blood or adoption: parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, aunt, cousin of the first degree.
p. "Regular license" means a license issued by the department for a two-year period to an operator of a private child day care center or group day care home showing that the licensee is in compliance with all provisions of this subarticle and the regulations of the department at the time of issuance and authorizing the licensee to operate in accordance with the provisions of the license, this subarticle and the regulations of the department.
q. "Provisional license" means a license issued by the department to an operator of a private child day care center or group day care home authorizing the licensee to begin operations although the licensee is temporarily unable to comply with all of the requirements for a license.
r. "Regular approval" means a written notice issued by the department for a two-year period to a department, agency or institution of the State, or a county, city or other political subdivision, approving the operation of a public child day care center or group day care home in accordance with the provisions of the notice, this subarticle and the regulations of the department.
s. "Provisional approval" means a written notice issued by the department to a department, agency or institution of the State, or a county, city or other political subdivision approving the commencement the operations of a public child day care center or group day care home although the operator is temporarily unable to comply with all of the requirements for approval.
t. "Registration" means the process whereby child day care centers and group day care homes owned and operated by a church or a publicly recognized religious educational or religious charitable institution are regulated under this subarticle and the process whereby all family day care homes are regulated under this subarticle.
u. "Declaratory order" means a written statement on the part of the department approving plans for construction or renovation insuring against the imposition of more stringent regulations at a later date.
v. "Renewal" means in regard to child day care centers and group day care homes, to grant an extension of a regular license or regular approval for another two-year period provided an investigation of such facilities verifies that they are in compliance with the applicable regulations; in regard to family day care homes, to place the name of the operator on the registration list for another year provided procedures indicated in this subarticle have been completed.
w. "Revocation" means to void the regular license of a child day care center or group day care home.
x. "Deficiency correction notice" means a written statement on the part of the department notifying a child day care facility which is not complying with any applicable regulations to correct the deficiencies stated in the notice within a reasonable time limit.
y. "Complaint" means a written statement reporting unsatisfactory conditions in a child day care facility.
z. "Curriculum" means and includes design of courses, teaching philosophy, methods and activities.
Section 20-7-2710. a. The intent of this subarticle is to define the regulatory duties of government necessary to safeguard children in care in places other than their own homes, insuring for them minimum levels of protection and supervision. Toward that end, it is the purpose of this subarticle to establish statewide minimum regulations for the care and protection of children in child day care facilities, to insure maintenance of these regulations and to approve administration and enforcement to regulate conditions in such facilities. It shall be the policy of the State to insure protection of children under care in child day care facilities, and to encourage the improvement of child day care programs.
b. It is the further intent of this subarticle that the freedom of religion of all citizens shall be inviolate. Nothing in this subarticle shall give any governmental agency jurisdiction or authority to regulate, supervise or in any way be involved in any Sunday school, Sabbath school, religious services or any nursery service or other program conducted during religious or church services primarily for the convenience of those attending such services.
c. Nothing in this subarticle shall create authority for the Department of Social Services to influence or regulate the curriculum of child day care facilities.
Section 20-7-2720. No person, corporation, partnership, voluntary association or other organization may operate a private child day care center or group day care home unless licensed to do so by the department.
Section 20-7-2730. a. Application for license must be made on forms supplied by the department and in the manner it prescribes.
b. Before issuing a license the department shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a private child day care center or group day care home. If the results of the investigation verify that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, a license must be issued. The applicant shall cooperate with the investigation and related inspections by providing access to the physical plant, records, excluding financial records, and staff. Failure to comply with the regulations promulgated by the department within the time period specified in this subarticle, provided that adequate notification of deficiencies has been made, is a ground for denial of application. The investigation and inspections may involve consideration of any facts, conditions, or circumstances relevant to the operation of the child day care center or group day care home, including references and other information about the character and quality of the personnel.
c. Each license must be conditioned by stating clearly the name and address of the licensee, the address of the child day care center or group day care home, and the number of children who may be served.
d. Failure of the department, except as provided in Section 20-7-3070, to approve or deny an application within ninety days shall result in the granting of a provisional license.
No license may be issued to an operator who has been convicted of a crime listed in Chapter 3 of Title 16, Offenses Against the Person, a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in Section 16-17-490. No facility may employ or engage the services of a caregiver who has been convicted of one of the crimes listed in this paragraph. A person who has been convicted of one of the crimes listed in this paragraph who applies for employment with, or is employed by, a facility is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding five thousand dollars or imprisonment not exceeding one year, or both. The State Department of Social Services may charge the licensee a fee for the cost of obtaining criminal history conviction records from the South Carolina Law Enforcement Division.
Section 20-7-2740. a. Regular licenses may be renewed upon application and approval. Notification of a child day care center or group day care home regarding renewal shall be the responsibility of the department.
b. Application for renewal shall be made on forms supplied by the department in the manner it prescribes.
c. Before renewing a license the department shall conduct an investigation of the child day care center or group day care home. If the results of the investigation verify that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, the license shall be renewed. The licensee shall cooperate with the investigation and related inspections by providing access to the physical plant, records and staff. Failure to comply with the regulations promulgated by the department within the time period specified in this subarticle provided adequate notification of deficiencies has been made is a ground for revocation of the license. The investigation and inspections may involve consideration of any facts, conditions or circumstances relevant to the operation of the child day care center or group day care home.
No license may be renewed for any operator who has been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, any crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in S 16-17-490. No facility may employ or engage the services of a caregiver who has been convicted of one of the crimes listed in this paragraph. The State Department of Social Services may charge the licensee a fee for the cost of attaining criminal history conviction records from the South Carolina Law-Enforcement Division.
Section 20-7-2750. Whenever the department finds upon inspection that a private child day care center or group day care home is not complying with any applicable licensing regulations, the department shall notify the operator to correct such deficiencies.
a. Every correction notice shall be in writing and shall include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the subarticle and regulations relied upon. The period shall be reasonable and, except when the department finds an emergency dangerous to the health or safety of children, not less than thirty days from the receipt of such notice.
b. Within two weeks of receipt of such notice, the operator of the facility may file a written request with the department for administrative reconsideration of the notice or any portion thereof.
c. The department shall grant or deny a written request within seven days of filing and shall notify the operator of such grant or denial.
d. In the event that the operator of the facility fails to correct deficiencies within the period prescribed, the department may revoke the license.
Section 20-7-2760. a. An applicant who has been denied a license by the department shall be given prompt written notice by certified or registered mail. The notice shall indicate the reasons for the proposed action and shall inform the applicant of the right to appeal the decision to the commissioner in writing within thirty days after the receipt of notice of denial. Upon receiving a written appeal the commissioner shall give the applicant reasonable notice and an opportunity for a prompt hearing before a hearing examiner appointed by the Board of the South Carolina Department of Social Services. On the basis of the evidence adduced at the hearing, the commissioner shall make the final decision of the department as to whether the application shall be denied. If no written appeal is made, the application shall be denied as of the termination of the thirty-day period.
b. A licensee whose application for renewal is denied or whose license is about to be revoked shall be given written notice by certified or registered mail. The notice shall contain the reasons for the proposed action and shall inform the licensee of the right to appeal the decision to the commissioner in writing within thirty calendar days after the receipt of the notice. Upon receiving a written appeal the commissioner shall give the licensee reasonable notice and an opportunity for a prompt hearing before a hearing examiner appointed by the Board of the South Carolina Department of Social Services. On the basis of the evidence adduced at the hearing, the commissioner shall make the final decision of the department as to whether the license shall be denied or revoked. If no written appeal is made, the license shall be denied or revoked as of the termination of the thirty-day period.
c. At the hearing provided for in this section, the applicant or licensee may be represented by counsel and has the right to call, examine and cross-examine witnesses and to otherwise introduce evidence. Parents appearing at the hearing may also be represented by counsel. The hearing examiner is empowered to require the presence of witnesses and evidence by subpoena on behalf of the appellant or department. The final decision of the department shall be in writing, shall contain the department's findings of fact and rulings of law and shall be mailed to the parties to the proceedings by certified or registered mail to their last known addresses as may be shown in the application, or otherwise. A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless the department's decision is appealed to the courts, or a transcript is requested by an interested party. Upon an appeal to the courts, the department shall furnish to any appellant, free of charges, a certified copy of the transcript of all evidentiary proceedings before it. Other parties shall pay the cost of transcripts prepared at their request.
d. The decision of the department is final unless appealed by a party to the hearing to the family court having jurisdiction for the county in which the facility is located for review within thirty days after the receipt by the party of the notice of the decision. The review must be conducted in accordance with the standards of review provided for in Section 1-23-380. The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based.
Section 20-7-2770. Every child day care center or group day care home shall maintain a register setting forth essential facts concerning each child enrolled under the age of eighteen years.
Section 20-7-2780. a. Each child day care center or group day care home shall maintain its current license displayed in a prominent place at all times.
b. No license shall be transferred nor shall the location of any child day care center or group day care home or place of performance of service be changed without the written consent of the department. The department shall consent to such change for a reasonable period of time when emergency conditions require it, so long as the new location or place of performance substantially conforms to state fire and health requirements.
c. Upon occurrence of death of a child on the premises of a child day care center or group day care home in which such child is enrolled or while under the constructive control of the holder of the license of such facility, it shall be and hereby is the responsibility of the latter to notify the department within forty-eight hours and follow up with a written report as soon as the stated cause of death is certified by the appropriate government official.
Section 20-7-2790. Every operator or potential operator of a public child day care center or group day care home must apply to the department for an investigation and a statement of standard conformity or approval, except those facilities designated in S 20-7-2700.
Section 20-7-2800. a. Application for a statement of standard conformity or approval shall be made on forms supplied by the department and in the manner it prescribes.
b. Before issuing approval the department shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a public child day care center or group day care home. If the results of the investigation verify that the provisions of the subarticle and the applicable regulations promulgated by the department are satisfied, approval shall be issued. The applicant shall cooperate with the investigation and inspections by providing access to the physical plant, records and staff. The investigation and related inspections may involve consideration of any facts, conditions or circumstances relevant to the operation of the child day care center or group day care home, including references and other information about the character and quality of the personnel. If the child day care center or group day care home fails to comply with the regulations promulgated by the department within the time period specified in this subarticle provided adequate notification regarding deficiencies has been given, the appropriate public officials of the state and local government shall be notified.
Section 20-7-2810. a. Regular approvals may be renewed upon application and approval. Notification of a child day care center or group day care home regarding renewal shall be the responsibility of the department.
b. Application for renewal shall be made on forms supplied by the department and in the manner it prescribes.
c. Before renewing an approval the department shall conduct an investigation of the child day care center or group day care home. If the results of the investigation verify that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, the approval shall be renewed. The operator shall cooperate with the investigation and related inspections by providing access to the physical plant, records and staff. If the operator's statement of approval cannot be renewed, the appropriate public officials shall be notified.
Section 20-7-2820. Whenever the department finds upon inspection that a public child day care center or group day care home is not complying with any applicable regulations, the department may notify the operator to correct such deficiencies.
a. Every correction notice shall be in writing and shall include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the subarticle and regulations relied upon. The period shall be reasonable and, except when the department finds an emergency dangerous to the health or safety of children, not less than thirty days from the receipt of such notice.
b. Within two weeks of receipt of such notice, the operator of the public child day care center or group day care home may file a written request with the department for administrative reconsideration of the notice or any portion thereof.
c. The department shall grant or deny a written request within seven days of filing and shall notify the operator of the child day care center or group day care home of such grant or denial.
d. In the event that the operator fails to correct any deficiency within the period prescribed for correction, the department shall notify the appropriate public officials.
Section 20-7-2830. a. An applicant or operator who has been denied approval or renewal of approval by the department shall be given prompt written notice thereof, which shall include a statement of the reasons for the denial. The notice shall also inform the applicant or operator that it may, within thirty days after the receipt of the notice of denial, appeal the denial by making a written request to the commissioner for an opportunity to show cause why its application should not be denied.
b. Upon receiving a written petition, the commissioner shall give the applicant or operator reasonable notice and an opportunity for a prompt, informal meeting with the commissioner or his designee with respect to the action by the department, and an opportunity to submit written material. On the basis of the available evidence, including information obtained at the informal meeting and from the written material, the commissioner shall decide whether the application shall be granted for approval, provisional approval or denied. The decision of the commissioner shall be in writing, shall contain findings of fact and shall be mailed to the parties to the proceedings by certified or registered mail. Notification of the decision shall be sent to the Governor and appropriate officials of the State or local government.
Section 20-7-2840. a. As used in this subarticle, "family day care home" means an occupied residence in which child day care is regularly provided for no more than six children, unattended by a parent or legal guardian, including those children living in the home, and the children received for day care who are related to the resident caregiver. Provided, however, that an occupied residence in which child day care is regularly provided only for a child or children related to the resident caregiver, or only for the child or children of one unrelated family, or only for a combination of such children is not a family day care home.
b. Every operator of a family day care home shall register with the department within six months of June 13, 1977.
Section 20-7-2850. a. Registration shall be completed on forms supplied by the department and in the manner it prescribes.
b. Prior to becoming a registered operator, the applicant shall:
(1) sign a statement that he has read the suggested standards developed by the department under S 20-7-2980;
(2) furnish the department with a signed statement by each consumer parent verifying that the operator has provided each consumer parent with a copy of the suggested standards for family day care homes and the procedures for filing complaints;
(3) upon request provide the department with any facts, conditions or circumstances relevant to the operation of the family day care home, including references and other information regarding the character of the family day care home operator.
Section 20-7-2860. a. A statement of registration shall be issued when the family day care operator satisfactorily completes the procedures prescribed by this subarticle. The current statement shall be displayed in a prominent place in the facility at all times.
b. Registration expires at the end of one year from the date of issuance of the statement of registration. Registration may be renewed according to the procedures developed by the department.
c. The department shall have the power to withdraw the statement of registration if the health and safety of the children so require, if the facility has enrolled children beyond the limits defined in this subarticle, or if the operator fails to comply with the registration procedures provided in this subarticle.
Section 20-7-2870. The department shall visit the facility when concerns are expressed by the community regarding the health and safety of the children, child abuse or enrollment beyond the limits set forth in this subarticle.
a. If the concern is in regard to the health and safety of the children, the department may call on other appropriate agencies (i.e., State Department of Health and Environmental Control, Office of the State Fire Marshal) as necessary to conduct an inspection.
b. If the concern indicates that the child has been abused, the department shall carry out its responsibility as authorized under Article 7 of this chapter.
c. If the visits and inspections verify conditions detrimental to the health and safety of the children or over enrollment, the department shall carry out its responsibility as authorized by subsection C of S 20-7-2860 and S 20-7-3010.
Section 20-7-2880. a. A registrant whose statement of registration has been withdrawn by the department shall be given written notice by certified or registered mail. The notice shall contain the reasons for the proposed action and shall inform the registrant of the right to appeal the decision to the commissioner in writing within thirty calendar days after the receipt of the notice. Upon receiving a written appeal the commissioner shall give the registrant reasonable notice and an opportunity for a prompt hearing before a hearing examiner appointed by the Board of the South Carolina Department of Social Services. On the basis of the evidence adduced at the hearing, the commissioner shall make the final decision of the department as to whether the statement of registration shall be withdrawn. If no written appeal is made, the statement of registration shall be withdrawn as of the termination of the thirty-day period.
b. At the hearing provided for in this section, the registrant may be represented by counsel, and has the right to call, examine and cross-examine witnesses and to otherwise introduce evidence. Parents appearing at the hearing may also be represented by counsel. The hearing examiner is empowered to require the presence of witnesses and evidence by subpoena on behalf of the appellant or department. The final decision of the department shall be in writing, shall contain the department's findings of fact and rulings of law and shall be mailed to the parties to the proceedings by certified or registered mail. A full and complete record shall be kept of all proceedings, and all
testimony shall be reported and need not be transcribed unless the decision is appealed to the courts, or a transcript is requested by an interested party. Upon an appeal to the courts, the department shall furnish to any appellate, free of charge, a certified copy of the transcript of all evidentiary proceedings before it. Other parties shall pay the cost of transcripts.
c. The decision of the department is final unless appealed by a party to the hearing to the family court having jurisdiction for the county in which the facility is located for review within thirty days after the receipt by the party of the notice of the decision. The review must be conducted in accordance with the standards of review provided for in Section 1-23-380.
The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based.
Section 20-7-2890. The department shall offer consultation through employed staff or other qualified persons to assist a potential applicant, an applicant or registered operator in meeting and maintaining the suggested standards for family day care homes.
Section 20-7-2900. No local church congregation or established religious denomination or religious college or university which does not receive state or federal financial assistance for day care services may operate a child day care center or group day care home unless it complies with the requirements for registration, inspection and the regulations for health and fire safety as set forth in SS 20-7-2910 through 20-7-2970.
Section 20-7-2910. It shall be the responsibility of the child day care operator to notify the department of the fact of its operation and existence and to request inspection of the facility. It shall be the responsibility of the department to request that the local health and fire safety agencies conduct an inspection of the facility at least annually and more often if necessary to insure compliance with health and fire safety regulations. If there be no local health and safety agencies to conduct the inspection, then the appropriate State Agency will conduct the inspection. The department shall register any such day care facility upon notification from health and fire safety agencies that the day care facility is in compliance with such regulations.
The regulations applied shall be the same health and fire safety regulations applied to other facilities regulated under this subarticle as set forth in the December 28, 1976 regulations as filed with the Secretary of State by the department for Child Day Care Centers and Group Day Care Homes.
Section 20-7-2920. The department may seek an injunction against the continuing operation of a child day care center or group day care home in the family court having jurisdiction over the county in which the facility is located when:
(1) the facility is operating without having requested the appropriate inspections;
(2) there is a violation of the health and fire safety regulations as set forth by Sections 20-7-2910 through 20-7-2970 which threaten serious harm to children in the facility;
(3) an operator repeatedly has violated the health and fire safety regulations.
Section 20-7-2930. Whenever the health or fire safety agency finds upon inspection that a child day care center or group day care home is not complying with the applicable regulations, the appropriate agency shall notify the department. The department shall then request the operator to correct such deficiencies.
a. Every correction notice shall be in writing and shall include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the subarticle and regulations relied upon. The period shall be reasonable and, except when the appropriate agency finds an emergency dangerous to the health or safety of children, not less than thirty days from the receipt of such notices.
b. Within two weeks of receipt of such notice, the operator of the facility may file a written request with the department for administrative reconsideration of the notice or any portion thereof.
c. The department shall grant or deny a written request and shall notify the operator of action taken.
d. In the event that the operator of the facility fails to correct deficiencies within the period prescribed, the department may suspend the registration of the facility to be effective thirty days after date of notice.
Section 20-7-2940. a. When the registration of a facility has been suspended, the operator must be given prompt written notice. The notice must indicate the reasons for the suspension and inform the operator of the right to appeal the decision through administrative channels to the department and according to established appeals procedure for the department.
b. Upon appeal, the decision of the department is final unless appealed by a party to the hearing to the family court having jurisdiction for the county in which the facility is located for review within thirty days after the receipt by the party of the notice of the decision. The review must be conducted in the family court in accordance with the standards of review provided for in Section 1-23-380. The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based.
Section 20-7-2950. In order to provide for the gradual implementation of the registration and inspection process, each child day care center and group day care home must apply to the department within six months of June 13, 1977. The health and fire safety agencies shall have one year from June 13, 1977 to complete initial inspection and make their report to the department.
Section 20-7-2960. It shall be the duty of every circuit solicitor to institute action for the enforcement of the provisions of SS 20-7-2910 through 20-7-2970.
Section 20-7-2970. An operator violating the provisions of Sections 20-7-2910 through 20-7-2970 is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand five hundred dollars or imprisonment not exceeding six months, or both.
Section 20-7-2980. a. The department shall with the advice and consent of the Advisory Committee develop and promulgate regulations depending upon the nature of services to be provided for the operation and maintenance of child day care centers and group day care homes. The department with the advice of the Advisory Committee shall develop suggested standards which shall serve as guidelines for the operators of family day care homes and the parents of children who use the service. In developing such regulations and suggested standards, the department shall consult with:
(1) Other state agencies, including the State Department of Health and Environmental Control, the Office of the State Fire Marshal and the Office of the Attorney General.
(2) Parents, guardians or custodians of children using the service.
(3) Child advocacy groups.
(4) The State Advisory Committee on the Regulation of Child Day Care Facilities established by this subarticle.
(5) Operators of child day care facilities from all sectors.
(6) Professionals in fields relevant to child care and development.
(7) Employers of parents, guardians or custodians of children using the service.
Draft formulations shall be widely circulated for criticism and comment.
b. The regulations for operating and maintaining child day care centers and group day care homes and the suggested standards for family day care homes shall be designed to promote the health, safety and welfare of the children who are to be served by assuring safe and adequate physical surroundings and healthful food; by assuring supervision and care of the children by capable, qualified personnel of sufficient number. The regulations with respect to licensing and approval, and the suggested standards with respect to registration of family day care homes shall be designed to promote the proper and efficient processing of matters within the cognizance of the department and to assure applicants, licensees, approved operators, and registrants fair and expeditious treatment under the law.
c. The department shall conduct a comprehensive review of its licensing and approval regulations and family day care home suggested standards at least once each three years.
d. No regulations for child day care facilities shall exceed policies or minimum standards set for public child day care facilities regulated under this subarticle.
e. The department shall submit final drafts of its regulations to the Legislative Council as proposed regulations, and the Administrative Procedures Act SS 1-23-10 et seq. shall govern their promulgation.
f. The department shall establish a procedure for its representatives to follow in receiving and recording complaints. Standard forms may be produced and made available to parents and users of facilities upon request to the department. A
copy of any complaint shall be made available to the involved operator immediately upon his request.
Section 20-7-2990. a. In exercising the powers of licensing, approving, renewing, revoking, or making provisional licenses and approvals, the department shall investigate and inspect licensees and approved operators and applicants for a license or an approval. The authorized representative of the department may visit a child day care center or group day care home anytime during the hours of operation for purposes of investigations and inspections. In conducting investigations and inspections, the department may call on political subdivisions and governmental agencies for appropriate assistance within their authorized fields. The inspection of the health and fire safety of child day care centers and group day care homes must be completed upon the request of the department by the appropriate agencies (i.e. Department of Health and Environmental Control, the Office of the State Fire Marshal, or local authorities). Inspection reports completed by state agencies and local authorities must be furnished to the department and become a part of its determination of conformity for licensing and approval. After careful consideration of the reports and consultation where necessary, the department shall assume responsibility for the final determination of licensing, approving, renewing, revoking, or making provisional licenses and approvals.
b. Before issuing a license or approval the department shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a child day care center or a group day care home. If the results of the investigation satisfy the department that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, a license or approval must be issued.
Section 20-7-3000. The department shall offer consultation through employed staff or other qualified person to assist applicants and operators in meeting and maintaining regulations.
Section 20-7-3010. a. The department is empowered to seek an injunction against the continuing operation of a child day care facility in the family court having jurisdiction over the county in which the facility is located:
(1) when a facility is operating without a license or statement of registration;
(2) when there is any violation of this subarticle or of the regulations promulgated by the department which threatens serious harm to children in the child day care facility;
(3) when an operator has repeatedly violated this subarticle or the regulations of the department.
b. Proceedings for securing the injunctions may be brought by the Attorney General or circuit solicitor of the jurisdiction in which the facility or its headquarters is located.
Section 20-7-3020. a. The department shall have power to issue a provisional registration, provisional license or provisional approval only when the department is satisfied that (1) the regulations can and will be met within a reasonable time, and (2) the deviations do not seriously threaten the health or safety of the children. Such provisional registration, provisional license, or provisional approval, may be extended for such period as may be determined by the department but in no case beyond July 1, 1981.
b. Except as noted in item c of this section, no provisional license or provisional approval may be issued effective for any longer than one year.
c. Any facility granted a license or exempt from obtaining a license under the act previously in effect in this State and which does not qualify for a regular license under this subarticle shall be granted a provisional license in accord with item a of this section. Such a provisional license may be issued without regard to the time limit of item b of this section. No provisional license issued under item c shall remain effective, either by its initial issue or by renewal, for a period greater than three years.
Section 20-7-3030. The department shall have power to issue a declaratory order to any applicant regarding approval of drawings and specifications related to construction or renovations proposed by a facility. Such order shall specifically state each factor to be considered and shall clearly indicate the department's probable approval or disapproval of each factor. No appeal of a declaratory order shall be permitted. No facet of a facility constructed in compliance with a declaratory order of the department shall serve as a basis for a refusal by the department to license or approve a facility.
Section 20-7-3040. a. A State Advisory Committee on the Regulation of Child Day Care Facilities is hereby established. It shall consist of seventeen members appointed by the Governor, in accordance with the following:
(1) Five of the members appointed shall be parents of children who are receiving child day care services at the time of appointment, with no less than three representing the entrepreneural facilities.
(2) Eight of the members appointed shall be representative of owners and operators of child day care facilities, one of which shall be an operator of a day care home. No less than five other appointees shall be operators of facilities subject to regulation who are actively engaged in the operation for profit.
(3) One member appointed shall represent the educational community of the State.
Nominees for membership on the advisory committee pursuant to items (1), (2) and (3) shall be made from lists furnished the Governor by South Carolina organizations representing the various types of child day care facilities defined in this subarticle.
(4) One member appointed shall represent the business community of the State. Nominees for membership pursuant to this item shall be made from lists furnished the Governor by the South Carolina Chamber of Commerce.
(5) Two members appointed shall represent church-operated child day care centers, one of whom shall be an operator of a church child day care center and one of whom shall be a parent of a child who is receiving child day care services in a church-operated child day care center at the time of appointment.
b. Members shall serve for terms of three years and until their successors are appointed and qualify, except that of those initially appointed five shall serve for one year, five for two years and five for three years. Vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. Reappointment to serve a full term may ensue, however, at the discretion of the Governor but no member shall be permitted to succeed himself after serving a full term.
c. The chairman of the committee shall be designated by the Governor from among the appointees selected pursuant to the provisions of items (1) and (2) of subsection a of this section.
Section 20-7-3050. The State Advisory Committee on the Regulation of Child Day Care Facilities shall:
a. After the initial promulgation of regulations following the adoption of this subarticle, the committee shall review changes in the regulations and suggested standards proposed by the department and make recommendations thereon to the commissioner. The committee shall evaluate the regulations and suggested standards at the three year review period (Subsection C of S 20-7-2980) and recommend necessary changes to the department. After the promulgation of the initial
regulations following the adoption of this subarticle, no regulation shall be promulgated by the department which has been disapproved by a simple majority of the committee.
b. Advise the department regarding the improvement of the regulation of child day care facilities.
c. Advise the department on matters of regulatory policy, planning and priorities.
d. As it deems necessary, hold a public hearing at least thirty days prior to adoption of the regulations by the department.
e. Plan with the department for the procedures to be used in notifying licensees, approved operators and registrants regarding regulatory changes sixty days prior to intended promulgation.
f. Maintain through the department the essential liaison with other departments and agencies of state and local government so as to preclude imposition of duplicate requirements upon operators subject to regulations under this subarticle.
g. Act to move the adoption of its recommendations and other pertinent disposition of matters before it by decision of a simple majority of those members present and voting, provided there is a quorum of eight members.
Section 20-7-3060. The department shall provide reasonable secretarial and administrative support to the advisory committee.
Section 20-7-3070. In order to provide for the gradual implementation of the licensing, approval and registration programs, each child day care facility not licensed under the act previously in effect in this State must apply to the department for licensing, approval or statement of registration within six months of June 13, 1977. The department shall have one year from June 13, 1977 to take action to issue or deny license or approval of child day care centers and group day care homes or issue a statement of registration to family day care homes.
Section 20-7-3080. It shall be the duty of every circuit solicitor to institute action for the enforcement of the provisions of this subarticle.
Section 20-7-3090. A person violating the provisions of this subarticle is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand five hundred dollars or imprisonment not exceeding six months, or both.
Section 20-7-3095. It is a separate criminal offense, and a felony, for a person to unlawfully commit any of the offenses listed in Chapter 3 of Title 16, Offenses Against the Person, a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, or the crime of contributing to the delinquency of a minor contained in Section 16-17-490 while within a radius of one hundred yards of the grounds of a public or private child day care facility. A person who commits this offense must, upon conviction, be punished by a fine not to exceed ten thousand dollars or imprisonment not to exceed ten years or both, in addition to any other penalty imposed by law and not in lieu of any other penalty.
Section 20-7-2710. This subarticle is cited as the 'Child Day Care Act'.
Section 20-7-2720. This subarticle defines the regulatory duties necessary to safeguard children in care in places other than their own homes and to insure adequate levels of protection and supervision for these children. It establishes uniform statewide standards for licensed facilities providing out-of-home care for children.
Section 20-7-2730. When used in this subarticle unless otherwise defined or the context otherwise requires:
(1) 'Child day care' means a program provided by a public or private child day care center, group day care home, or family day care home for the care, supervision, or guidance of a child or children, on a regular basis, in a place other than the child's or the children's own home or homes.
(2) 'Child day care facility or facility' means a child day care center, group day care home, or family day care home which provides care, supervision, or guidance for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility.
(3) 'Child day care center' or 'day care center' means a facility which regularly receives thirteen or more children for day care.
(4) 'Group day care home' means a facility, generally within a dwelling unit or occupied residence, which regularly provides child day care for at least seven but not more than twelve children, including those children living in the home and children received for day care who are related to the resident caregiver.
(5) 'Family day care home' means an occupied residence in which child day care regularly is provided for no more than six children, including those children living in the home and children received for day care who are related to the resident caregiver.
(6) 'Child day care operator' or 'operator' means the person, corporation, partnership, voluntary association, or other public or private organization who by reason of actual ownership, or by lease or other type of agreement, has the ultimate authority and responsibility over the operation of a child day care facility.
(7) 'Caregiver' means a person whose duties include direct care, supervision, or guidance of children in a child day care facility.
(8) 'Child' means a person who has not reached his sixth birthday.
(9) 'Regularly' or 'on a regular basis' means the frequency with which child day care services are available and provided at a facility in any one week. It means the availability and provision of day care for less than twenty-four hours but more than four hours a day and on more than two days in a week.
(10) 'Related' means any of the following relationships by marriage, blood, or adoption: parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, aunt, cousin of the first degree, great-aunt, great-uncle, stepgrandparent, or stepgreat-grandparent.
(11) 'License' means a permit issued by the South Carolina Department of Health and Environmental Control pursuant to Section 20-7-2790 for two years showing that the facility is in compliance with all provisions of this subarticle and the applicable regulations of the board at the time of issuance and authorizing the facility to operate in accordance with the provisions of the license, this subarticle, and the regulations of the department. A child day care center or group day care home operated by a church, publicly recognized religious educational institution, or publicly recognized religious charitable institution may receive a license where it is in full compliance with all applicable licensing regulations.
Section 20-7-2740. Except as provided otherwise in this subarticle, no person, corporation, partnership, voluntary association, public agency, or other organization may operate a child day care facility unless the facility is licensed.
Section 20-7-2750. The provisions of this subarticle do not apply to:
(1) a public or private educational facility which operates solely for educational purposes;
(2) a kindergarten program operated by a public school system;
(3) a program for children four years of age and younger operated by a public school system;
(4) an occupied residence in which child day care regularly is provided only for a child or children related to the resident caregiver, only for the child or children of one family unrelated to the caregiver, or only for a combination of the foregoing;
(5) a facility for the mentally retarded provided for in Article 3, Chapter 21 of Title 44;
(6) a mental health facility provided for in Chapter 11 of Title 44;
(7) a facility which operates for less than four hours a day or two days or less in a week;
(8) a summer resident or day camp;
(9) a Bible school normally conducted during a vacation period; or
(10) a child care facility operated by a religious/church organization which does not elect to be licensed.
Section 20-7-2760. (A) There is created the State Advisory Board for the Regulation of Child Day Care Facilities composed of thirteen members appointed by the Governor with the advice and consent of the Senate for terms of four years and until their successors are appointed and qualify. No member may serve more than two terms. Terms expire on June thirtieth of the appropriate year. A vacancy must be filled in the manner of original appointment for the unexpired portion of the term.
(B) Unless otherwise indicated in this subsection, one member of the advisory board shall represent each of the following:
(1) the State Department of Social Services;
(2) the Department of Health and Environmental Control;
(3) two parents of children receiving child day care services, one of whom shall represent low income families;
(4) the pediatric medical community;
(5) the early childhood education community;
(6) the business community;
(7) a child care facility which may receive public assistance funds directly or indirectly but which is managed as a profit-making business enterprise and whose corporation or private ownership is liable for payment of federal and state income taxes on profits earned by the facility;
(8) a child care facility which may receive public assistance funds directly or indirectly but which is operated under the tutelage and control of a nonprofit or eleemosynary corporation, foundation, association, or other organization whose ownership may be or is not liable for payment of federal and state income taxes on profits earned by the facility;
(9) the licensed church child day care facilities;
(10) a child day care facility which was created and exists by action of the State or a county, city, or other political subdivision, whose operation remains under the tutelage and control of a governmental agency;
(11) the group day care homes;
(12) the family day care homes.
(C) The members provided for in items (1) through (6) of subsection (B) must be persons who are knowledgeable about the needs of children who receive day care services.
(D) The members provided for in items (7) through (12) of subsection (B) must be appointed from each of the state's congressional districts and must be persons who have demonstrated expertise and experience in the provision of child day care services.
(E) The advisory board shall elect from among its members a chairman who shall serve for one year and until his successor is elected and qualifies. The advisory board shall meet at least six times annually and more frequently upon the call of the chairman. A majority of the members present constitute a quorum for the transaction of business.
(F) Members of the advisory board shall receive per diem, subsistence, and mileage as provided by law for members of boards, commissions, and committees while engaged in the work of the board.
Section 20-7-2770. (A) The Department of Health and Environmental Control shall administer the provisions of this subarticle, promulgate separate regulations for each of the facilities, centers, and homes defined in Section 20-7-2730 with the advice and consent of the advisory board, and, with the advice of the advisory board, formulate necessary policies and procedures of administration and operation to carry out effectively the objectives of this subarticle. While ensuring the quality of care and safety of children in licensed child day care facilities, the regulation realistically must reflect the differences between and among the various types of child care provided by family day care homes, group day care homes, and child care facilities. These regulations must include, but are not limited to, health standards, child/staff ratios, employee training, child disciplinary standards, and child safety curriculum.
(B) The department may charge a reasonable fee for licenses. Fees must be determined by the advisory board and remitted to the general fund of the State.
(C) The State Fire Marshal shall ensure that appropriate fire safety regulations are promulgated for all licensed child day care facilities. A facility must not be licensed unless it complies with these regulations.
Section 20-7-2780. (A) Before an employee is hired or a volunteer used, a child day care facility shall obtain a Federal Bureau of Investigation and a state criminal history record information search and report.
(B) No license may be issued to a facility which employs a person or uses a volunteer who has been convicted of a crime provided for in Chapter 3 of Title 16, Offenses Against the Person, or Chapter 15 of Title 16, Offenses Against Morality and Decency, or the crime of contributing to the delinquency of a minor, provided for in Section 16-17-490 or who has been determined judicially to have committed an act of child abuse or neglect as defined in Section 20-7-490.
(C) No facility may employ the services of or use as a volunteer a person who has been convicted of one of the crimes listed in this section or who has been determined judicially to have committed an act of child abuse or neglect as defined in Section 20-7-490.
(D) No license may be issued to a facility if a person living on its premises and remaining there during the hours of operation has been convicted of one of the crimes listed in this section or has been determined judicially to have committed an act of child abuse or neglect as defined in Section 20-7-490.
(E) A person who has been convicted of one of the crimes listed in this section who applies for employment with, or is employed by, a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both.
(F) The State Law Enforcement Division shall provide criminal history record information at no cost to the Department of Health and Environmental Control or a facility. The facility may be assessed a fee for a Federal Bureau Investigation criminal history record information search and report.
Section 20-7-2790. (A) Application for a license to operate a child day care facility must be made to the department on forms supplied by the board and in the manner it prescribes.
(B) Before issuing a license the Department of Health and Environmental Control shall conduct an investigation and inspection of the facility and the proposed plan of care for children and for its operation. If the results of the investigation and inspection verify that the provisions of this subarticle and the applicable regulations are satisfied, a license must be issued. The facility shall cooperate with the department as it performs the investigation and related inspections by providing access to the premises, records, except the financial records, and staff. Failure to comply with this subarticle or applicable regulations, if the department follows the procedures set forth in Section 20-7-2900, is a ground for denial of a license. The investigation and inspections may involve consideration of the facts, conditions, and circumstances relevant to the operation of the child day care facility and identified as part of the application process.
(C) In performing the inspections required under subsection (B), the authorized representative of the Department of Health and Environmental Control shall give reasonable notice before the inspections required by this section if they are not made during normal working hours. No notice is required if the inspections are made during normal working hours. The department shall conduct this visit to a child day care facility during its hours of operation. In conducting inspections, the department may call on political subdivisions and governmental agencies for appropriate assistance within their authorized fields. The inspection of the fire safety of child day care facilities must be completed upon the request of the department by the office of the State Fire Marshal or its designated representatives and local authorities. These written inspection reports must be furnished to the board and become a part of its determination for licensing, registration, and approval. The department shall assume responsibility for the final determination of licensing, approving, renewing, denying, revoking, and making provisional licenses.
(D) Each license to operate clearly must state the name and address of the child day care facility, its location, and the number of children who may be served, must be displayed in a location within the center, clearly must be visible to all persons entering the facility, and must contain on its face in bold-face print the following language: THIS IS A LICENSED CHILD DAY CARE FACILITY WHICH MEETS THE SOUTH CAROLINA STANDARDS FOR QUALITY CHILD CARE.
Section 20-7-2800. (A) The Department of Health and Environmental Control may issue a provisional license to a child day care facility authorizing the facility to begin operations only when the department is satisfied that:
(1) Noncompliance with requirements is temporary.
(2) The regulations can and will be met within a reasonable time.
(3) The deviations seriously do not threaten the health or safety of the children.
(B) A provisional license must not be issued effective for longer than six months or more than once during a year.
Section 20-7-2810. (A) A license may be renewed upon application and approval by the Department of Health and Environmental Control before the expiration date. Notification of a child day care facility regarding renewal is the responsibility of the department.
(B) Application for renewal follows the same guidelines as set forth in Section 20-7-2790.
Section 20-7-2820. The Department of Health and Environmental Control shall offer consultation through employed staff or other qualified persons to assist a child day care facility or a person who wishes to establish a child day care facility in complying with the provisions of this subarticle and related regulations for child day care facilities.
Section 20-7-2830. A license for a child day care facility applies to the facility whose location and address are stated on the application, and it is not transferable from one facility to another. If the location of the child day care facility is changed without the written consent of the Department of Health and Environmental Control, its license automatically is revoked upon the change. The department may consent to a change for a reasonable period of time when emergency conditions require it, if the new location or place of performance substantially conforms to state fire and health requirements.
Section 20-7-2840. The Department of Health and Environmental Control may investigate without notice a child day care facility when there are complaints regarding the health and safety of the children, reports of violations of this subarticle and related regulations, or reports of enrollment beyond the limits set forth in this subarticle. If the complaint or report is in regard to the health and safety of the children, the department may call on other appropriate agencies, such as the Department of Social Services or the office of State Fire Marshal, to conduct an inspection. The agencies shall make a written report to the Department of Health and Environmental Control in a timely manner. If the visits, inspections, and reports verify conditions detrimental to the health and safety of the children or over enrollment, the department shall carry out its responsibility as authorized by the provisions of this subarticle and related regulations.
Section 20-7-2850. Whenever the Department of Health and Environmental Control finds upon inspection that a child day care facility is not complying with applicable regulations or the provisions of this subarticle, the department shall notify the facility to correct the deficiencies.
(1) Every correction notice must be in writing and must include a statement of the deficiencies found, the period within which the deficiencies must be corrected, and the provisions of the subarticle and regulations relied upon. The period must be reasonable and not less than thirty days from the receipt of the notice, except when the department finds that the deficiencies present an immediate threat of harm to the health and safety of the children in care or to be in care of the child day care facility.
(2) Within two weeks of receipt of the notice, the facility may file a written request with the department for administrative reconsideration of the notice or a portion of it.
(3) The department shall grant or deny a written request within seven days of filing and shall notify the facility of the grant or reasons for denial.
(4) If the facility fails to correct deficiencies within the period prescribed, the Department of Health and Environmental Control may revoke the license.
Section 20-7-2860. (A) A facility which has been denied a license, whose application for renewal is denied, or whose license is about to be revoked by the Department of Health and Environmental Control must be given prompt written notice by certified or registered mail. The notice must indicate the reasons for the proposed action and inform the facility of the right to appeal the decision to the Commissioner of the Department of Health and Environmental Control in writing within thirty days after the receipt of notice of denial. Upon receiving a written appeal the commissioner shall give the facility reasonable notice and an opportunity for a prompt hearing before a hearing examiner appointed by the department. On the basis of the evidence introduced at the hearing, the commissioner shall make the final decision of the department as to the revocation or denial of the license. If no written appeal is made, the application is denied as of the termination of the thirty days.
(B) At the hearing provided for in this section, the facility may be represented by counsel and has the right to call, examine, and cross-examine witnesses and to otherwise introduce evidence. Through the issuance of an administrative subpoena, the hearing examiner may require the presence of witnesses and evidence on behalf of the appellant or the department. The final decision of the department must be in writing, must contain the department's findings of fact and rulings of law, and must be mailed to the parties to the proceedings by certified or registered mail to their last known addresses as may be shown in the application, or otherwise. A full and complete record must be kept of all proceedings, and all testimony must be reported but need not be transcribed unless the department's decision is appealed to the courts or a transcript is requested by an interested party. Upon an appeal to the courts, the department shall furnish to an appellant, free of charge, a certified copy of the transcript of all evidentiary proceedings before it. Other parties shall pay the cost of transcripts prepared at their request.
(C) The decision of the department is final unless appealed by a party to the hearing to the family court having jurisdiction for the county in which the facility is located for review within thirty days after the receipt by the party of the notice of the decision. The review must be conducted in accordance with the standards of review provided for in Section 1-23-380. The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based.
(D) A facility whose application for renewal has been denied or whose license has been revoked may continue to operate during the department's administrative appeal process if the conditions or deficiencies in the child day care facility do not present an immediate threat of harm to the health and safety of children in its care as determined by the department.
Section 20-7-2870. (A) The Department of Health and Environmental Control may seek an injunction against the continuing operation of a child day care facility in the family court having jurisdiction over the county in which the facility is located when one or more of the following exist:
(1) The facility is operating without a license.
(2) There is a violation of this subarticle or of the applicable regulations promulgated by the department which threatens serious harm to children in the child day care facility.
(3) A facility repeatedly has violated this subarticle or the applicable regulations.
(B) Proceedings for securing an injunction may be brought by the legal representative of the department, the Attorney General, or the circuit solicitor of the jurisdiction in which the facility or its headquarters is located.
Section 20-7-2880. A person violating the provisions of this subarticle is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than six months, or both.
Section 20-7-2890. It is a separate criminal offense, and a felony, for a person to unlawfully commit any of the offenses listed in Chapter 3 of Title 16, Offenses Against the Person, a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, or the crime of contributing to the delinquency of a minor contained in Section 16-17-490 while within a radius of one hundred yards of the grounds of a public or private child day care facility. A person who commits this offense, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than ten years, or both, in addition to any other penalty imposed by law and not in lieu of any other penalty."
SECTION 2. The transference of all child care regulatory duties from the State Department of Social Services to the South Carolina Department of Health and Environmental Control shall occur within six months after this act's effective date. Before the date of this transference all current child care regulations remain in effect and the Department of Social Services shall continue its regulatory duties. In transferring these duties the Department of Social Services shall transfer to the Department of Health and Environmental Control all child day care licensing personnel, the supporting funding, and equipment, records, and other materials used by the Department of Social Services in performing its regulatory duties. One year after the date of this transference the State Advisory Board for the Regulation of Child Day Care Facilities must have completed the promulgation of new regulations pursuant to Subarticle 11, Article 13, Chapter 7, Title 20 of the 1976 Code, as amended in Section 1 of this act. Until the new regulations are adopted, the Department of Health and Environmental Control may elect either to continue its duties under the former regulations or utilize emergency regulations.
SECTION 3. The crimes provided for in Section 20-7-2900 of the 1976 Code, as contained in Section 1 of this act, are added to the list of crimes classified as felonies in Section 16-1-10.
SECTION 4. (A) Appointments to the State Board for the Regulation of Child Day Care Facilities provided for in Section 20-7-2760, as amended in Section 1 of this act, must be within two months after this act's effective date.
(B) As designated by the Governor, the initial term of the members of the board as added in Section 1 of this act, is as follows:
(1) three members: two years;
(2) four members: three years;
(3) six members: four years.
SECTION 5. This act takes effect upon approval by the Governor.