H*3568 Session 106 (1985-1986)
H*3568(Rat #0476, Act #0431 of 1986) General Bill, By House Ways and Means
Similar(S 1070, H 3524)
A Bill to establish The Continuum of Care for Emotionally Disturbed Children,
to provide for a governing body therefor to be known as the Policy Council, to
provide for an advisory council for this governing body, and to provide for
the powers, duties, and functions of The Continuum of Care.
02/27/86 House Introduced, read first time, placed on calendar
without reference HJ-1019
03/04/86 House Read second time HJ-1137
03/05/86 House Read third time and sent to Senate HJ-1197
03/06/86 Senate Introduced and read first time SJ-843
03/06/86 Senate Referred to Committee on Medical Affairs SJ-843
04/22/86 Senate Committee report: Favorable with amendment
Medical Affairs SJ-2228
04/24/86 Senate Amended SJ-2316
04/24/86 Senate Read second time SJ-2317
05/01/86 Senate Read third time SJ-2424
05/01/86 Senate Returned SJ-2424
05/06/86 House Concurred in Senate amendment and enrolled HJ-2810
05/21/86 Ratified R 476
05/23/86 Signed By Governor
05/23/86 Effective date 05/23/86
05/23/86 Act No. 431
06/09/86 Copies available
(A431, R476, H3568)
AN ACT ESTABLISH THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, TO
PROVIDE FOR A GOVERNING BODY THEREFOR TO BE KNOWN AS THE POLICY COUNCIL, TO
PROVIDE FOR AN ADVISORY COUNCIL FOR THIS GOVERNING BODY, AND TO PROVIDE FOR THE
POWERS, DUTIES, AND FUNCTIONS OF THE CONTINUUM OF CARE.
Be it enacted by the General Assembly of the State of South Carolina:
Purpose
SECTION 1. It is the purpose of this act to develop and enhance the delivery
of services to severely emotionally disturbed children and youth and to ensure
that the special needs of this population are adequately met. To achieve this
objective, the Continuum of Care for Emotionally Disturbed Children, hereafter
referred to as the Continuum of Care is hereinafter established.
Continuum of Care for Emotionally Disturbed
Children created
SECTION 2. There is created the Continuum of Care for Emotionally Disturbed
Children with a governing board to be known as the Policy Council. The Policy
Council consists of ten members as follows: the Governor or his designee, the
Commissioner of the Department of Mental Health, the Commissioner of the
Department of Social Services, the Commissioner of the Department of Mental
Retardation, the Commissioner of the Department of Youth Services, the State
Superintendent of Education or his designee, the Chairman of the Joint Committee
on Mental Health and Mental Retardation, the Chairman of the Joint Legislative
Committee on Children, a representative of a school district serving severely
emotionally disturbed children appointed by the Governor; the President of the
South Carolina School for the Deaf and Blind, the Superintendent of Wil Lou Gray
Opportunity School, and the Superintendent of John de la Howe School shall select
from among themselves on a rotating basis a representative to serve on the Policy
Council for a three-year term.
The representative appointed by the Governor shall serve for a term of three
years and until his successor is appointed and qualifies with the term to expire
on June thirtieth of the appropriate year.
The Policy Council shall elect from its members a chairman who will serve for
a term of two years. Two-thirds membership of the Policy Council constitutes a
quorum for the transaction of business.
The Policy Council shall meet at least six times annually and more frequently
upon the call of the chairman to review and coordinate the activities of the
Continuum of Care.
The Policy Council shall promulgate regulations and formulate all necessary
policies, procedures, and rules of administration and operation to effectively
carry out the objectives of this act.
Policy Council
SECTION 3. The Policy Council must be supported by an Advisory Council of not
less than ten members to be appointed by the Governor. The Advisory Council must
be representative of public and private individuals who are knowledgeable in
services to emotionally disturbed children.
Terms of office for members of the Advisory Council are for three years and
until their successors are appointed and qualify, except that of the initial
appointments, the Governor must designate one-third of the members to serve
initial terms of one year each, one-third to serve initial terms of two years
each, and the remainder to serve for initial terms of three years each. The
terms of all members of the Advisory Council expire on June thirtieth of the
appropriate year. Any vacancy must be filled by the Governor for the remainder
of the unexpired term.
The Advisory Council shall elect from its members a chairman who shall serve
for a term of two years.
The Advisory Council shall meet at least quarterly or more frequently upon the
call of the chairman. The Policy Council must meet at least quarterly with the
Advisory Council.
Continuum to serve severely emotionally
disturbed children
SECTION 4. The Continuum of Care shall serve children who, at the time of
application for services have been diagnosed as severely emotionally disturbed
and who have exhausted existing available treatment resources or services.
Priority in the selection of clients must be based on criterion to be established
by the Continuum of Care.
Duties and functions of Continuum
SECTION 5. The Continuum of Care shall perform the following duties and
functions:
(a) identify needs and develop plans to address the needs of severely
emotionally disturbed children and youth;
(b) coordinate planning, training, and service delivery among public and
private organizations which provide services to severely emotionally disturbed
children and youth;
(c) augment existing resources by providing or procuring services, where
possible, to complete the range of services needed to serve this population; the
scope of services shall include but is not limited to the following:
(1) in-home treatment programs;
(2) residential treatment programs;
(3) education services;
(4) counseling services;
(5) outreach services;
(6) volunteer and community services.
Under circumstances in which the Continuum of Care is unable to procure needed
services, it may provide the services until they can be procured;
(d) direct provision of case management services;
(e) supervise and administer the development and operation of the Continuum
of Care activities and services on a statewide regional basis.
Council may employ director
SECTION 6. The Policy Council is authorized to employ a director to serve at
its pleasure. The director shall employ staff as is necessary to carry out the
provisions of this act. The funds for the director, staff, and other purposes
of the Continuum of Care and Policy Council will be as provided by the General
Assembly in the annual general appropriations act.
Annual report
SECTION 7. The Policy Council shall submit an annual report to the Governor and
General Assembly on the activities of the Continuum of Care and Policy Council.
Administrative support services
SECTION 8. The Department of Mental Health shall provide administrative support
services as are necessary to perform the fiscal affairs of the Policy Council and
Continuum of Care. This does not provide the Department of Mental Health with
regulatory authority over the expenditure of funds, hiring of personnel, or other
policy and regulatory decisions.
Time effective
SECTION 9. This act shall take effect upon approval by the Governor. |