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Current Status Bill Number:View additional legislative information at the LPITS web site.292 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19981216 Primary Sponsor:Holland All Sponsors:Holland Drafted Document Number:l:\s-jud\bills\holland\jud0013.dhh.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Central Registry of Child Abuse and Neglect, offender's name to remain in for life; Minors, Crimes and Offenses History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990112 Introduced, referred to Committee 11 SJ Senate 19981216 Prefiled, referred to Committee 11 SJ Versions of This Bill
TO AMEND SECTION 20-7-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO DELETE THE REQUIREMENT THAT AN OFFENDER'S NAME BE REMOVED FROM THE CENTRAL REGISTRY OF ABUSE AND NEGLECT AFTER SEVEN YEARS AND TO REQUIRE THAT AN OFFENDER'S NAME REMAIN IN THE CENTRAL REGISTRY FOR THE LIFE OF THAT PERSON.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-680 of the 1976 Code is amended to read:
"Section 20-7-680. (A) The purpose of this section is to establish a system for the identification of abused and neglected children and those who are responsible for their welfare, to provide a system for the coordination of reports concerning abused and neglected children, and to provide data for determining the incidence and prevalence of child abuse and neglect in this State. To further these purposes, the department must maintain one or more statewide data systems concerning cases reported to it pursuant to this article.
(B) The Department of Social Services must maintain a Central Registry of Child Abuse and Neglect within the department's child protective services unit in accordance with Sections 20-7-650, 20-7-670, and 17-25-135. Perpetrators of child abuse and neglect must be entered in the registry only by order of a court as provided for in Sections 20-7-650 and 17-25-135, or as provided for in Section 20-7-670. Each entry in the registry must be accompanied by information further identifying the person, including, but not limited to, the person's date of birth, address, and any other identifying characteristics, and describing the abuse or neglect committed by the person.
(C) The Department of Social Services shall furnish annually to the Governor and the General Assembly a report on the incidence and prevalence of child abuse and neglect in South Carolina, the effectiveness of services provided throughout the State to protect children from this harm, and any other data considered instructive.
(D) The name, address, birth date, identifying characteristics, and other information of a person named in a report must be removed from department records and the central registry immediately upon a determination by the department or the court that the report is unfounded, except as provided in Section 20-7-650(I).
(E) The name, address, birth date, identifying characteristics, and other relevant information of a person named in a report that has been classified as indicated or an affirmative determination must remain in the central registry for the life of that person. The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes of persons named in the registry or department records must be destroyed seven years from the date services are terminated. This section does not prohibit the department from maintaining an "indicated report" which contains identifying information on the child who is the subject of the indicated report and those responsible for the child's welfare without identifying a person as perpetrator, and it does not This section does not prohibit the department from providing child protective services to the child who is the subject of an indicated report and to those responsible for the child's welfare.
(F) Information in the central registry and other department records may be released only as authorized in Section 20-7-690 or as otherwise specifically authorized by statute. Information in records of the department other than the Central Registry of Child Abuse and Neglect must not be used for screening potential employees or volunteers of any public or private entity, except as specifically provided by Section 20-7-690 or as otherwise provided by statute. However, nothing in this section prevents the department from using other information in its records when making decisions associated with administration or delivery of the department's programs and services."
SECTION 2. This act takes effect upon approval by the Governor.
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