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(3) has reason to believe that release of the child to the child's parent, guardian, custodian, or caretaker presents an imminent danger to the child's life, health, or physical safety. A hospital must designate a qualified person or persons within the hospital who shall have sole authority to detain a child on behalf of the hospital.

(B) A physician or hospital that detains a child in good faith as provided in this section is immune from civil or criminal liability for detaining the child."

SECTION 7. Subarticle 7, Article 7, Chapter 7, Title 20 of the 1976 Code, as last amended by Act 95 of 1995, is further amended to read:

Section 20-7-635. (A) The department is authorized to develop a network of homes and facilities to use for temporary crisis placements for children.

(B) Temporary crisis placements may be made with licensed child welfare agencies including foster homes and residential group facilities. The department also may use volunteers who are screened by the department for the sole purpose of these placements. The screening of volunteer crisis homes shall include Central Registry of Child Abuse and Neglect and criminal history records checks in accordance with Section 20-7-1642. The department shall develop criteria for screening volunteer crisis homes through promulgation of regulations in accordance with the Administrative Procedures Act.

(C) Children in temporary crisis placements are not in the custody of the department and must not be considered to be in foster care. No placement of a child in a temporary crisis home or facility may occur unless it is agreed to by the child's parent, guardian, or custodian and the department. Temporary crisis placements may last no longer than seventy-two hours.
Section 20-7-640. (A) The Department of Social Services may maintain a toll-free number available to persons throughout the State for the referral of family-related problems, including:

(1) The reporting of known or suspected cases of child abuse or neglect.

(2) Other problems of a nature which may affect the stability of family life.

Such This telephone service shall operate continuously:. Upon receipt of a call involving suspected abuse or neglect, the Department of Social

(B) The department of Social Services shall have within it a separate organizational unit administered within the department with qualified staff and resources sufficient to fulfill the purposes and functions assigned to it by this article.

(C) The State Department of Social Services department's responsibilities shall include, but are not be limited to:

(1) assigning and monitoring initial child protection responsibility through periodic review of services offered throughout the State;

(2) assisting in the diagnosis of child abuse and neglect;
(3) coordinating referrals of known or suspected child abuse and neglect;

(4) measuring the effectiveness of existing child protection programs and facilitating research, planning, and program development; and

(5) establishing and monitoring a statewide Central Registry for Child Abuse and Neglect as hereinafter provided.

(D) The County Department of Social Services in each county is designated as the Child Protective Service Agency, whose duties are set forth in Section 20-7-650. The county in which the child resides shall be is the legal place of venue; provided, that in conjunction with the powers enumerated in this section, each County Board of Social Services shall appoint an advisory board to be composed of resident professionals in the county in which the child resides in the fields of medicine, including nurses, education, health, social workers, members of the clergy and law enforcement officials, if available for the purpose of determining the course of protective action to be taken by the County Department of Social Services. These recommendations are to be deemed advisory only. These appointments to the advisory board shall be made in a nondiscriminatory manner.

(E) The State department of Social Services may adopt all necessary rules and promulgate regulations and formulate policies and methods of administration to carry out effectively child protective services, activities, and responsibilities.

Section 20-7-650. (A) It is the purpose of this section to encourage the voluntary acceptance of any service offered by the child protective service agency department in connection with child abuse and neglect or another problem of a nature affecting the stability of family life.

(B) The local child protective service agencies department must be staffed adequately with persons trained in the investigation of suspected child abuse and neglect and in the provision of services to abused and neglected children and their families.

(C) Within twenty-four hours of the receipt of a report of suspected child abuse or neglect or within twenty-four hours after the department has assumed legal custody of a child pursuant to Section 20-7-610(F) or (G) or within twenty-four hours after being notified that a child has been taken into emergency protective custody, the agency department must begin an appropriate and thorough investigation to determine whether a report of suspected child abuse or neglect is `indicated' or `unfounded'. The finding must be made no later than forty-five sixty days from the receipt of the report. In conducting the investigation, if the facts so warrant the agency investigator may petition the family court of the appropriate judicial circuit for a warrant to inspect the premises and condition of the child subject of the report. The family court shall issue the inspection warrant upon probable cause to believe the child is abused or neglected, as defined by this article. A single extension of no more than fifteen days may be granted by the director of the department, or the director's designee, for good cause shown, pursuant to guidelines adopted by the department. If the investigation cannot be completed because the department is unable to locate the child or family or for other compelling reason, the investigation may be reopened at a later date if the child or family is located or the compelling reason for failure to complete the investigation is removed. The department shall make a finding within forty-five days after the investigation is reopened.

(D) The department may file with the family court an affidavit and a petition to support issuance of a warrant at any time after receipt of a report. The family court shall issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or

(E) The department or law enforcement, or both, may interview the child alleged to have been abused or neglected and any other child in the household during the investigation. The interviews may be conducted on school premises, at day care facilities, at the child's home or at other suitable locations and in the discretion of the department or law enforcement, or both, may be conducted outside the presence of the parents. To the extent reasonably possible, the needs and interests of the child must be accommodated in making arrangements for interviews, including time, place, method of obtaining the child's presence, and conduct of the interview. The department or law enforcement, or both, shall provide notification of the interview to the parents as soon as reasonably possible during the investigation if notice will not jeopardize the safety of the child or the course of the investigation. All state, law enforcement, and community agencies providing child welfare intervention into a child's life should coordinate their services to minimize the number of interviews of the child to reduce potential emotional trauma to the child.

(D)(F) Indicated findings must be based upon a finding of the facts available to the agency department that abuse or neglect is more likely than not to have occurred supported by a preponderance of evidence. Whenever the facts available to the agency indicate a lesser finding, determinations must be deemed `unfounded'. Indicated findings must include a description of the services being provided the child and those responsible for his the child's welfare, as well as and all relevant dispositional information.

(G) All reports that are not indicated must be classified as `unfounded'. Unfounded reports must be further classified as either Category I, Category II, or Category III.

(1) Category I unfounded reports are those in which abuse and neglect was ruled out following the investigation. A report falls in this category if evidence of abuse or neglect as defined in this article was not found regardless of whether the family had other problems or was in need of services.

(2) Category II unfounded reports are those in which the evidence produced by the investigation was inconclusive as to whether abuse or neglect occurred. A report falls in this category if there is evidence of

(3) Category III unfounded reports are those in which an investigation could not be completed because the department was unable to locate the child or family or for some other compelling reason.

(E)(H) Reports of child abuse and neglect must be entered immediately into the automated statewide Central Registry of Child Abuse and Neglect. Reports of child abuse and neglect must be entered into the registry and maintained in the agency department files in one of four categories: Suspected, Unfounded, Indicated or Affirmative Determination. If the report is categorized as Unfounded, the entry must further state the classification of unfounded report as set forth in subsection (G). All initial reports must be deemed suspected. Reports of suspected child abuse and neglect must be maintained for no more than sixty days after the report was received by the agency department. On or before the expiration of that time, they shall reports must be converted into either unfounded or indicated reports, pursuant to the agency's investigation. Upon an affirmative determination, indicated reports must be converted to the category of `affirmative determination'.

(1) Indicated reports must be maintained by the agency on the central and local registries only when accompanied by supplemental information a description of services being provided as required under subsection (D)(F).

(2) Unfounded reports must be classified `Unfounded by reason of insufficient evidence.'

(3) If no finding has been made by the agency after sixty days from the date a report was received, it must be classified `Unfounded for want of an investigation.'

(4)(2) Affirmative determinations may be maintained by the agency department only when accompanied by a description of services being provided the child and those responsible for his welfare, as well as all and relevant dispositional information.

(F)(I) The names, addresses, and all other identifying characteristics of persons named in all unfounded reports in Category I maintained in agency department files may be used only for auditing and statistical purposes. All identifying information contained in unfounded reports must be destroyed immediately after use of the information for auditing and statistical purposes, and in no case later than one year from the date that the last report has been determined to be unfounded; provided, however,

(1) the confidentiality and disclosure provisions of this subsection do not apply to information requested by the Department of Child Fatalities pursuant to Section 20-7-5930; and the information pertaining to an unfounded case must be released to the Department of Child Fatalities when the request is made pursuant to Section 20-7-5930.

(2) information in records concerning Category II or III unfounded reports may be disclosed to a law enforcement agency investigating a child abuse or neglect case involving the subject of the report or the same child.

If an unfounded report is in Category I, only information necessary for auditing and statistical purposes may be retained in department records or in the database. As soon as the record has been used for auditing or statistical purposes, it must be destroyed. All identifying information must be deleted from the database immediately upon use of the entry for auditing or statistical purposes. In no case may the record or entry be kept for more than one year from the date of the report. The department may not use the information contained in records or entries of Category I unfounded cases for any purpose other than auditing or statistical purposes. No information contained in the record or the database concerning a Category I unfounded case may be disclosed to any person or entity other than the Department of Child Fatalities pursuant to Section 20-7-5930.

(G)(J) Upon an affirmative determination, the names, addresses, birth dates, identifying characteristics, and other information of persons named in indicated reports maintained in agency files must be converted immediately to the category of `affirmative determination'. The names,

(H)(K) A family court order resulting from proceedings initiated by the agency department pursuant to Sections 20-7-738 and 20-7-736 must include a judicial determination for inclusion in the statewide Central Registry of Child Abuse and Neglect of whether or not the subject of the report more likely than not abused or neglected the child.

(I)(L) The local child protective service agency department is charged with providing, directing, or coordinating the appropriate and timely delivery of services to children found to be abused or neglected and those responsible for their welfare or others exercising temporary or permanent control over such these children. Services must not be construed to include emergency protective custody provided for in Section 20-7-736.

(J)(M) In cases where a report has been filed with the Central Registry of Child Abuse and Neglect, as required by subsection (EH), the outcome of any further proceedings must be entered immediately by the agency department into the Central Registry of Child Abuse and Neglect.

(K)(N) After the initiation of protective services by the agency, if those receiving services indicate a refusal to cooperate, the agency shall withdraw. If the facts so warrant, the agency may petition the family court to invoke the jurisdiction of the court under the Family Court Act to intervene, but the agency may not threaten action to coerce participation. The department shall furnish to parents or guardians on a standardized form the following information as soon as reasonably possible after commencing the investigation:

(1) the names of the investigators;

(2) the allegations being investigated;

(8) the telephone number and name of a department employee available to answer questions.

(L)(O) The agency department shall cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the child protective services agency department. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the agency department shall notify the appropriate law enforcement agency of those facts within twenty-four hours of the agency's department's finding for the purposes of police investigation. The law enforcement agency shall file a formal incident report at the time it is notified by the agency department of the finding. When the intake report is of alleged sexual abuse, the agency department must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency shall file a formal incident report at the time it is notified of the alleged sexual abuse.

(M)(P) The agency department actively shall seek the cooperation and involvement of local public and private institutions, groups, and programs concerned with matters of child protection and welfare within the area it serves.

(N)(Q) The local child protective service agency office of the department responsible for situated in the county of the mother's legal residence shall provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local child protective service agency office is the responsibility of the agency or institution with custody of the mother.

(O)(R) The agency in all instances shall act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Services pursuant to this chapter.

(C) This section does not authorize intervention if the exercise of judgment by the parent or guardian as to the best interest of the child is supported by a physician licensed in South Carolina or another state.

Section 20-7-655. (A) The Department of Social Services shall provide a child protective services appeals process for review of indicated reports not otherwise being brought before the family court for disposition. The appeals hearing shall must be scheduled and conducted in accordance with the department's fair hearing regulations except as to the date for a final decision.

(B) The state director shall appoint a child protective services appeals committee for each case decision which is appealed. The committee must be comprised of three officials or employees of the Department of Social Services, none of whom may be a resident of or employed by the local child protective services agency department in the county where the case originates or a member of the investigative unit which investigated the case if the case decision being appealed involves institutional abuse.

(D) If the case decision indicates child abuse or neglect, the local child protective services agency If the department determines that a report of suspected child abuse or neglect is indicated and the case will not be brought before the family court for disposition, the department must provide notice of the case decision to the subject of the report by certified mail. This notice must include the information required by Section 20-7-690(D). The notice must inform the subject of the report of the right to appeal the case decision and that, if he intends to appeal the decision, he must notify the local child protection agency of his intent in writing within thirty days of receipt of the notice. If the subject of the report does not notify the local child protective services agency department of his intent to appeal in writing within thirty days of receipt of the notice, the right to appeal shall be considered is waived by the subject and the case decision shall become becomes the affirmative determination.

(D)(E) Within fourteen days after receipt of a notice of intent to appeal, an interim review of case documentation and the case determination shall must be conducted by an appropriate official of the department designated by the director of the local child protective services agency. The local interim review shall may not delay the scheduling of the appeals hearing. If the local review supports the case determination, appeals must be considered by the child protective services appeals committee.

(E)(F) The child protective services appeals committee shall determine whether or not the case determination is supported by a preponderance of evidence that the subject of the report more likely than not abused or neglected the child. If the appeals committee affirms the case determination, the subject has the right to judicial review in the family court of the jurisdiction in which the case originated.

(F)(G) Proceedings for judicial review may be instituted by filing a petition in the family court within thirty days after the final decision of the agency department. Copies of the petition must be served upon the agency department and all parties of record. Judicial review must be conducted by 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

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