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Current Status Bill Number:View additional legislative information at the LPITS web site.4920 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020319 Primary Sponsor:Martin All Sponsors:Martin, White, Thompson, Rhoad, Limehouse, Allison, Barrett, Clyburn, Cooper, Fleming, Frye, Gilham, Kirsh, Meacham-Richardson, Riser, Sinclair, Snow, Stille, Townsend, Vaughn, Witherspoon, Rodgers Drafted Document Number:l:\council\bills\nbd\11134ac02.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Stephanie's Law, all child abuse and neglect cases to be classified History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020403 Co-Sponsor added (Rule 5.2) by Rep. Rodgers House 20020319 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO ENACT "STEPHANIE'S LAW" BY AMENDING SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING INVESTIGATIONS OF REPORTS OF CHILD ABUSE AND NEGLECT, CLASSIFYING SUCH REPORTS AS UNFOUNDED OR FOUNDED, AND MAINTAINING RECORDS AND THESE REPORTS, SO AS TO REQUIRE ALL REPORTS RECEIVED TO BE CLASSIFIED AS EITHER UNFOUNDED OR INDICATED, TO PROVIDE THAT IF THE DEPARTMENT IS NOT ABLE TO COMPLETE AN INVESTIGATION DUE TO RECEIVING INSUFFICIENT INFORMATION, THE INVESTIGATION MAY BE REOPENED UPON RECEIPT OF ADDITIONAL INFORMATION, TO RESTRICT USE OF RECORDS OF UNFOUNDED REPORTS IN WHICH THE REPORTER DID NOT IDENTIFY HIMSELF OR HERSELF TO AUDITING AND STATISTICAL PURPOSES, TO PROVIDE THAT RECORDS OF OTHER REPORTS OF UNFOUNDED ABUSE OR NEGLECT MAY BE USED BY THE DEPARTMENT AND LAW ENFORCEMENT AGENCIES TO ASSESS RISK AND SAFETY IF ADDITIONAL REPORTS ARE MADE CONCERNING THE CHILD, OTHER MEMBERS OF THE FAMILY IN THE HOUSEHOLD, OR THE SUBJECT OF THE REPORT.
Whereas, on October 17, 2000, Stephanie Carter died a tragic, untimely death at the tender age of four; and
Whereas, Stephanie died from a brain injury inflicted upon her after more than a year of horrific suffering at the hands of her stepmother and father from brutal acts of inconceivable torture; and
Whereas, this senseless tragedy is further amplified by the absence of the most basic protection for the children of our State; and
Whereas, to help ensure that other precious lives are spared the fate of Stephanie Carter, it is necessary that procedures for gathering and maintaining child abuse and neglect records be reviewed and revised; and
Whereas, in honor and in memory of the tragic life of this innocent victim, we hereby propose "Stephanie's Law". Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as "Stephanie's Law".
SECTION 2. Section 20-7-650(C) of the 1976 Code, as last amended by Act 104 of 1999, is further amended to read:
"(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 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 days from the receipt of the report. 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 received insufficient information or the department is unable to locate the child or family or for other compelling reason reasons, the investigation may be reopened at a later date if the department receives additional information or 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.
This section does not require the department to investigate reports of child abuse or neglect which resulted in the death of the child unless there are other children residing in the home, or a resident of the home is pregnant, or the subject of the report is the parent, guardian, or person responsible for the welfare of another child regardless of whether that child resides in the home."
SECTION 3. Section 20-7-650(G) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(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, or Category IV.
(1) Category I unfounded reports are those in which abuse or neglect were ruled out following the investigation, and the report was made by an individual who refused to disclose his or her identity.
(2) Category I II unfounded reports are those in which abuse and neglect were 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)(3) Category II III 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 abuse or neglect as defined in this article but not enough evidence to constitute a preponderance of evidence. This category does not include cases in which the family had other problems that are not within the definition of abuse and neglect in Section 20-7-490.
(3)(4) Category III IV unfounded reports are those in which an investigation could not be completed because the department received insufficient information or the department was unable to locate the child or family or for some other compelling reason."
SECTION 4. Section 20-7-650(I) of the 1976 Code, as last amended by Act 132 of 1997, is further amended to read:
"(I) The names, addresses, and all other identifying characteristics of persons named in all unfounded reports in Category I maintained in department files may be used only for auditing and statistical purposes. All identifying information contained in unfounded reports in Category I 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; however, all information in the report which is unnecessary for auditing and statistical purposes must be destroyed immediately upon a determination that the report is unfounded, and the remaining information must be kept strictly confidential except for auditing and statistical purposes. If an unfounded report is in Category II or, Category III, or Category IV the report and related information may be retained by the department in its records for one year for use by department staff for auditing and statistical purposes and by the department or and by law enforcement agencies for purposes of assessing risk and safety if additional reports are made concerning the child, other members of the family residing at the same household, or the subject of the report and in relation to child abuse and neglect investigations or proceedings involving the subject of the report or the same child. The department may not use the information in records or entries of Category II or III unfounded reports for any purpose other than child abuse and neglect proceedings involving the same subject or the same child and auditing and statistical purposes. Notwithstanding Section 20-7-690 or any other provision of law, no information contained in unfounded reports may be disclosed under any circumstances, except that:
(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, or IV 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 that the report was determined to be unfounded. 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."
SECTION 5. This act takes effect upon approval by the Governor.
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