Current Status Bill Number:1065 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960125 Primary Sponsor:McConnell All Sponsors:McConnell Drafted Document Number:bbm\10445ac.96 Companion Bill Number:4537 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Day care centers, provisions
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960125 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES, TO CREATE A CRIMINAL OFFENSE WHEN A PERSON CONVICTED OF CERTAIN CRIMES APPLIES TO OR IS EMPLOYED BY A DAY CARE CENTER, TO REQUIRE EMPLOYMENT APPLICATIONS TO INCLUDE A STATEMENT REGARDING THE CRIMINAL OFFENSE, TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS, TO ALLOW TEMPORARY EMPLOYMENT PENDING RESULTS OF THE REVIEW, AND TO WAIVE FINGERPRINT REVIEWS FOR PERSONS CONTINUOUSLY EMPLOYED IN A DAY CARE CENTER FOR THE TWO YEARS PRIOR TO THIS ACT'S EFFECTIVE DATE; TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, ALL AS AMENDED, AND ALL RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES FOR WHICH LICENSES, APPROVALS, AND REGISTRATIONS MAY NOT BE ISSUED AND TO DELETE, FOR THE PURPOSE OF CONSOLIDATION, PROVISIONS RELATING TO EMPLOYMENT IN DAY CARE CENTERS; AND TO AMEND SECTION 20-7-2905, AS AMENDED, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION TO PROVIDE TWO COPIES OF THE RESULTS OF THESE REVIEWS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-2725. (A) No day care center, group day care home, family day care home, or church or religious day care center may employ a person or engage the services of a caregiver who has been convicted of:
(1) a violent crime, as defined in Section 16-1-60, committed against a child;
(2) a violent crime, as defined in Section 16-1-60, which is a felony;
(3) contributing to the delinquency of a minor, as provided for in Section 16-17-490;
(4) a felony for which the minimum term of imprisonment is more than ten years; or
(5) a crime similar in nature to a crime enumerated in items 1 through 4 committed in another jurisdiction or in violation of federal law.
(B) A person who has been convicted of a crime enumerated in subsection (A) who applies for employment with, is employed by, or seeks to provide caregiver services, or is a caregiver at a day care center, group day care home, family day care home, or church or religious day care center is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(C) Application forms for employment at child day care centers, group day care homes, family day care homes, or church or religious day care centers must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (A) who applies for employment with, is employed by, or seeks to provide caregiver services or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(D) To be employed by or to provide caregiver services at a child day care center, group day care home, family day care home, or church or religious day care center, a person first shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. However, pending the results of the fingerprint reviews, a person temporarily may be employed or may provide caregiver services at a facility. The results of the fingerprint reviews are valid and no review is required to be repeated for two years or as long as the person remains employed by or continues providing caregiver services at the same day care center for which the review was obtained, whichever is later.
(E) Unless otherwise required by law, this section applies only to an employee or a caregiver of a day care center, group day care home, family day care home, or church or religious day care center who provides direct unsupervised care to these children. It also applies to unsupervised volunteers who provide direct care to children at the center. It does not apply to supervised volunteers."
SECTION 2. Section 20-7-2730(E), (F), (G), and (H) of the 1976 Code, as added by Act 54 of 1995, is amended to read:
"(E) No license may be issued to an operator who has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person a violent crime, as defined in Section 16-1-60, committed against a child;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency a violent crime, as defined in Section 16-1-60, which is a felony;
(3) the crime of contributing to the delinquency of a minor, contained as provided for in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A) a felony for which the minimum term of imprisonment is more than ten years; or
(5) the offenses enumerated in Section 16-1-10(D); or a crime similar in nature to a crime enumerated in items 1 through 4 committed in another jurisdiction or in violation of federal law.
(6) a criminal offense similar in nature to the crimes in this subsection committed in other jurisdictions or under federal law.
(F) No facility may employ or engage the services of a person who has been convicted of one of the crimes listed in this section. A person who has been convicted of one of the crimes listed in this section who applies for a license as an operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(G) Application forms for licenses issued under this chapter by the department and application forms for employment at an individual private child day care center or a group day care home section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed a crime enumerated in this section subsection (E) who applies for a license as an operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(H)(G) A person applying for a license as an operator under this section or seeking employment or seeking to provide caregiver services at a facility licensed under this section shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver."
SECTION 3. Section 20-7-2740(D), (E), (F), and (G) of the 1976 Code, as added by Act 54 of 1995, is amended to read:
"(D) No license may be renewed for any an operator who has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person a violent crime, as defined in Section 16-1-60, committed against a child;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency a violent crime, as defined in Section 16-1-60, which is a felony;
(3) the crime of contributing to the delinquency of a minor, contained as provided for in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A) a felony for which the minimum term of imprisonment is more than ten years; or
(5) the offenses enumerated in Section 16-1-10(D); or a crime similar in nature to a crime enumerated in items 1 through 4 committed in another jurisdiction or in violation of federal law.
(6) a criminal offense similar in nature to the crimes in this subsection committed in other jurisdictions or under federal law.
(E) Application forms for license renewals issued under this chapter by the department for private child day care centers or group day care homes section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed a crime enumerated in this section subsection (D) who applies for a license renewal as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) A licensee seeking license renewal under this section, its employees, and its caregivers, who have not done so previously, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
(G) No facility may employ or engage the services of an employee or caregiver who has been convicted of one of the crimes listed in this section."
SECTION 4. Section 20-7-2800(C), (D), (E), and (F) of the 1976 Code, as added by Act 54 of 1995, is amended to read:
"(C) A person applying for approval under this section, who will operate the facility, or seeking employment or seeking to provide caregiver services at a facility licensed under this section shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver.
(D) No approval may be granted under this section if the person applying for approval or the operator, an employee, or a caregiver of the facility has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person a violent crime, as defined in Section 16-1-60, committed against a child;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency a violent crime, as defined in Section 16-1-60, which is a felony;
(3) the crime of contributing to the delinquency of a minor, contained as provided for in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A) a felony for which the minimum term of imprisonment is more than ten years; or
(5) the offenses enumerated in Section 16-1-10(D); or a crime similar in nature to a crime enumerated in items 1 through 4 committed in another jurisdiction or in violation of federal law.
(6) a criminal offense similar in nature to the crimes in this subsection committed in other jurisdictions or under federal law.
(E) No facility may employ or engage the services of an operator, an employee, or a caregiver who has been convicted of one of the crimes listed in this section. A person who has been convicted of one of the crimes listed in this section who applies for approval as an operator at, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility licensed under this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) Application forms for a statement of standard conformity or approval issued under this chapter by the department and application forms for employment at individual public child day care centers or group day care homes section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed a crime enumerated in this section subsection (D) who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility approval is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."
SECTION 5. Section 20-7-2810(D), (E), (F), and (G) of the 1976 Code, as added by Act 54 of 1995, is amended to read:
"(D) A person applying for approval renewal under this section, a person who will operate the facility, and its employees and caregivers, who have not done so previously, on the first approval renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
(E) No approval may be granted renewed under this section if the person applying for approval renewal, the operator of the facility, or an employee or a caregiver has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person a violent crime, as defined in Section 16-1-60, committed against a child;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency a violent crime, as defined in Section 16-1-60, which is a felony;
(3) the crime of contributing to the delinquency of a minor, contained as provided for in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A) a felony for which the minimum term of imprisonment is more than ten years; or
(5) the offenses enumerated in Section 16-1-10(D); or a crime similar in nature to a crime enumerated in items 1 through 4 committed in another jurisdiction or in violation of federal law.
(6) a criminal offense similar in nature to the crimes in this subsection committed in other jurisdictions or under federal law.
(F) No facility may employ or engage the services of an employee or a caregiver who has been convicted of one of the crimes listed in this section.
(G)(E) Application forms for renewal of a statement of standard conformity or approval issued under this chapter by the department for individual public child day care centers or group day care homes section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed a crime enumerated in this section subsection (D) who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility approval renewal is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."
SECTION 6. Section 20-7-2850(C), (D), (E), and (F) of the 1976 Code, as added by Act 54 of 1995, is amended to read:
"(C) A person applying to become a registered operator of a family day care home under this chapter or seeking employment or seeking to provide caregiver services at a family day care home registered under this chapter section shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver.
(D) No applicant may be registered as an operator if the person, his employees, or his caregivers have applicant, an employee, or a caregiver has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person a violent crime, as defined in Section 16-1-60, committed against a child;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency a violent crime, as defined in Section 16-1-60, which is a felony;
(3) the crime of contributing to the delinquency of a minor, contained as provided for in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A) a felony for which the minimum term of imprisonment is more than ten years; or
(5) the offenses enumerated in Section 16-1-10(D); or a crime similar in nature to a crime enumerated in items 1 through 4 committed in another jurisdiction or in violation of federal law.
(6) a criminal offense similar in nature to the crimes in this subsection committed in other jurisdictions or under federal law.
(E) No family day care home may employ or engage the services of an operator, an employee, or a caregiver who has been convicted of one of the crimes listed in this section. A person who has been convicted of one of the crimes listed in this section who applies for approval as an operator at, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility registered under this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) Application forms for registration issued under this chapter by the department and application forms for employment at a family day care home section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed a crime enumerated in this section subsection (D) who applies for a license registration as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."
SECTION 7. Section 20-7-2860(C) and (D) of the 1976 Code, as added by Act 54 of 1995, is amended to read:
"(C) A person applying for renewal of registration as an operator of a family day care home registered under this chapter and a person employed or providing caregiver services at a family day care home registered under this chapter, who has not done so previously, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
(D) Application forms for registration renewal issued under this chapter by the department for a family day care home section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section a crime enumerated in Section 20-7-2850(D) who applies for a license registration as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."
SECTION 8. Section 20-7-2900(B), (C), (D), and (E) of the 1976 Code, as added by Act 54 of 1995, is amended to read:
"(B) No license or registration may be issued to a church congregation, established religious denomination, or religious college or university if a person who provides service as an operator, caregiver, or employee at the child care facility has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person a violent crime, as defined in Section 16-1-60, committed against a child;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency a violent crime, as defined in Section 16-1-60, which is a felony;
(3) the crime of contributing to the delinquency of a minor, contained as provided for in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A) a felony for which the minimum term of imprisonment is more than ten years; or
(5) the offenses enumerated in Section 16-1-10(D); or a crime similar in nature to a crime enumerated in items 1 through 4 committed in another jurisdiction or in violation of federal law.
(6) a criminal offense similar in nature to the crimes in this subsection committed in other jurisdictions or under federal law.
(C) No facility may employ or engage the services of an operator or any person who has been convicted of one of the crimes listed in this section.
(D) A person who has been convicted of one of the crimes listed in this section who seeks to provide services as an operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a church or religious day care center is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(E) Application forms for licensure or registration issued under this chapter by the department and application forms for employment at a church congregation, established religious denomination, or religious college or university subarticle must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license or registration as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F)(D) A person applying for a license or registration as an operator of a church or religious day care center or seeking employment or seeking to provide caregiver services at a church or religious day care center shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver.
(G) A person applying for renewal of a license or registration as an operator of a church or religious day care center licensed or registered under this chapter and a person employed or registered under this chapter, who has not done so previously, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history."
SECTION 9. Section 20-7-2905 of the 1976 Code, as added by Act 54 of 1995, is amended to read:
"Section 20-7-2905. (A) The State Law Enforcement Division and the Federal Bureau of Investigation shall provide the applicant with two copies of the results of fingerprint reviews conducted under this subarticle.
(B) The State Law Enforcement Division may not impose a fee of more than twenty-five dollars to conduct a the state criminal history review as required by the provisions of this subarticle."
SECTION 10. Notwithstanding Section 20-7-2725(D) of the 1976 Code, as added by Section 1 of this act, no employee of or person providing caregiver services at a child day care center, group day care home, family day care home, or church or religious day care center is required to undergo a state fingerprint review conducted by the State Law Enforcement Division or the Federal Bureau of Investigation if the person continuously has been employed by or providing caregiver services at the same facility for the two years immediately preceding this act's effective date. However, when the person is no longer employed by or providing caregiver services at that facility, the person must comply with Section 20-7-2997(D).
SECTION 11. This act takes effect July 1, 1996.