H 4916 Session 111 (1995-1996)
H 4916 General Bill, By S.S. Wofford
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
20-7-2915 so as to require the Department of Social Services to issue a
registration statement for a religious day care center when requirements are
met and to require the center operator to display the registration and use its
registration number in advertisements; to amend Section 20-7-2700, as amended,
relating to definitions under day care licensing, so as to revise the
definitions of "child day care facilities", "group day care home", and "family
day care home", and to add definitions; to amend Section 20-7-2780, relating
to licenses of child day care centers and group day care homes, so as to
require stating the license number in advertisements; to amend Section
20-7-2860, as amended, relating to family day care home registrations, so as
to require stating the registration number in advertisements; to amend Section
20-7-2900, as amended, relating to registration of certain church or religious
day care centers, so as to require them to comply with inspection procedures
and with requirements for floor space, child-staff ratios, and staff training;
to amend Section 20-7-2910, relating to registration and inspections of church
or religious day care centers, so as to require inspections to be conducted
before renewal rather than annually; to amend Section 20-7-2920, as amended,
relating to injunctions against child day care centers and group day care
homes, so as to revise conditions for seeking an injunction against an
operator; and to amend Section 20-7-3030, relating to declaratory orders of
the Department of Social Services concerning construction or renovations of a
facility, so as to delete the provision prohibiting an appeal of these orders
and require the Department to prov
04/11/96 House Introduced and read first time HJ-8
04/11/96 House Referred to Committee on Judiciary HJ-9
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE
THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A
REGISTRATION STATEMENT FOR A RELIGIOUS DAY CARE
CENTER WHEN REQUIREMENTS ARE MET AND TO
REQUIRE THE CENTER OPERATOR TO DISPLAY THE
REGISTRATION AND USE ITS REGISTRATION NUMBER IN
ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS
AMENDED, RELATING TO DEFINITIONS UNDER DAY CARE
LICENSING, SO AS TO REVISE THE DEFINITIONS OF
"CHILD DAY CARE FACILITIES", "GROUP
DAY CARE HOME", AND "FAMILY DAY CARE
HOME", AND TO ADD DEFINITIONS; TO AMEND
SECTION 20-7-2780, RELATING TO LICENSES OF CHILD
DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO
AS TO REQUIRE STATING THE LICENSE NUMBER IN
ADVERTISEMENTS; TO AMEND SECTION 20-7-2860, AS
AMENDED, RELATING TO FAMILY DAY CARE HOME
REGISTRATIONS, SO AS TO REQUIRE STATING THE
REGISTRATION NUMBER IN ADVERTISEMENTS; TO
AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO
REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAY
CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY
WITH INSPECTION PROCEDURES AND WITH
REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF
RATIOS, AND STAFF TRAINING; TO AMEND SECTION
20-7-2910, RELATING TO REGISTRATION AND
INSPECTIONS OF CHURCH OR RELIGIOUS DAY CARE
CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE
CONDUCTED BEFORE RENEWAL RATHER THAN
ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED,
RELATING TO INJUNCTIONS AGAINST CHILD DAY CARE
CENTERS AND GROUP DAY CARE HOMES, SO AS TO
REVISE CONDITIONS FOR SEEKING AN INJUNCTION
AGAINST AN OPERATOR; AND TO AMEND SECTION
20-7-3030, RELATING TO DECLARATORY ORDERS OF THE
DEPARTMENT OF SOCIAL SERVICES CONCERNING
CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS
TO DELETE THE PROVISION PROHIBITING AN APPEAL OF
THESE ORDERS AND REQUIRE THE DEPARTMENT TO
PROVIDE CONSULTATION TO ADDRESS ISSUES OF
COMPLIANCE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-2915. A statement of registration must be
issued when the church or religious child day care operator or
group day care home operator satisfactorily completes the
procedures prescribed by this subarticle. An application for a
statement of registration must include the name and address of the
director, the address of the facility, and the number of children who
may be served. Failure of the department to approve or deny an
application within ninety days shall result in the granting of a
provisional registration. The current statement of registration must
be displayed in a prominent place in the facility at all times and the
registration number must be stated in all advertisements of the
church or religious day care center or group day care home."
SECTION 2. Section 20-7-2700 b., f., and g. of the 1976 Code
are amended to read:
"b.`Child day care facilities' means any a
facility which provides care, supervision or guidance for any
a minor child who is not related by blood,
marriage, or adoption to the owner or operator of such
a the facility whether or not the facility is operated for
profit and whether or not the facility makes a charge for services
offered by it. This definition includes, but is not limited to, day
nurseries, nursery schools, day care centers, group day care
homes, and family day care homes. The term does not
include:
(1) any an educational facility, whether
private or public, which operates solely for educational purposes in
grades one or above;
(2) five-year-old kindergarten programs operated by
public school systems;
(3) kindergartens or nursery schools or other daytime
programs, with or without stated educational purposes, operating no
more than four hours a day and receiving children younger than
lawful school age;
(4) kindergartens or nursery schools or other daytime
programs operated as part of a private school and receiving children
younger than lawful school age for four hours a day or less, with or
without stated educational purposes;
(5) facilities operated for more than four hours a day
in connection with a shopping center or service or other similar
facility, where the same children are cared for less than four hours
a day and not on a regular basis as defined in this subarticle while
parents or custodians of the children are occupied on the premises
or are in the immediate vicinity and immediately available;
provided, however, that such these facilities
must meet local fire and sanitation requirements, and
maintain documentation of these requirements on file at the facility
available for public inspection;
(6) (5) summer resident or day camps
for children operating in distinct sessions running less than three
weeks per session unless the day camp permits children to enroll in
successive sessions so that their total attendance may exceed three
weeks;
(6) summer resident camps for children;
(7) Bible schools normally conducted during vacation
periods; (8) facilities for the mentally retarded provided for in
Article 3 of Chapter 21, of Title 44;
(9) facilities for the mentally ill as provided for in Section
44-17-10 of the 1976 Code Chapter 17, Title 44;
(10) child day care centers and group day care homes owned
and operated by a local church congregation or an established
religious denomination or a religious college or university which
does not receive state or federal financial assistance for day care
services; provided, however, that such these
facilities must comply with the provisions of Sections 20-7-2900
through 20-7-2970 20-7-2975 and provided,
further, that they these facilities may
voluntarily may elect to become licensed according to the
process as set forth in Sections 20-7-2700 through 20-7-2780 and
Sections 20-7-2980 through 20-7-3090."
"f. `Group day care home' means any a
facility, generally within a dwelling unit, within a
residence occupied by the operator which regularly provides
child day care for at least seven but not more than twelve children,
unattended by a parent or a legal guardian, including those
children living in the home and children received for day care who
are related to the resident caregiver. Provided, However,
that an occupied residence in which child day care is
regularly provided only for a child or children related to the
resident caregiver, or only for the child or children of one
unrelated family, or only for a combination of such
these children is not a group day care home.
g. `Family day care home' means an occupied residence
a facility within a residence occupied by the operator in
which child day care is regularly provided for no more than six
children, unattended by a parent or legal guardian, including those
children living in the home and children received for day care who
are related to the resident caregiver. Provided, however, that
However, an occupied residence in which child day care is
regularly provided only for a child or children related to the
resident caregiver, or only for the child or children of one
unrelated family, or only for a combination of such
these children is not a family day care home."
SECTION 3. Section 20-7-2700 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended by adding at the
end:
"aa. `Summer resident camp for children' means a
residential program offered during the summer that provides
recreational activities for children.
bb. `Summer day camp for children' means a program
offered during the summer that provides recreational activities
primarily during daytime hours throughout the period of the
program and may include an occasional overnight activity under the
supervision of the operator.
cc. `Infant' means a child age twelve months or younger for
the purposes of this chapter."
SECTION 4. Section 20-7-2780 a. of the 1976 Code is amended
to read:
"a. Each child day care center or group day care home
shall maintain its current license displayed in a prominent place at
all times and must state its license number in all advertisements
of the child day care center or group day care home."
SECTION 5. Section 20-7-2860(A) of the 1976 Code is
amended to read:
"(A) A statement of registration must be issued when the
family day care operator satisfactorily completes the procedures
prescribed by this subarticle. The current statement must be
displayed in a prominent place in the facility at all times and
the registration number must be stated in all advertisements of the
family day care home."
SECTION 6. Section 20-7-2900 of the 1976 Code, as last
amended by Act 54 of 1995, is further amended to read:
"Section 20-7-2900. (A) No church congregation or
established religious denomination or religious college or university
which does not receive state or federal financial assistance for day
care services may operate a child day care center or group day care
home unless it complies with the requirements for registration and
inspection and the regulations for health and fire safety as set forth
in Sections 20-7-2910 through 20-7-2970 20-7-2975 and
requirements applicable to private and public day care centers and
group day care homes for floor space, child-staff ratios, and staff
training. Application for registration must be made on forms
supplied by the department and in the manner it prescribes.
Registration expires at the end of one year from the date of issuance
of the statement of registration. Registration may be renewed
according to the procedures developed by the department.
(B) Before issuing a registration, the department shall
conduct an investigation of the applicant. This investigation is
limited to:
(1) the results of the criminal history review required by
subsection (G);
(2) the requirements for registration and inspection and the
regulations for health and fire safety provided for in Sections
20-7-2910 through 20-7-2975; and
(3) requirements applicable to private and public day care
centers and group day care homes for floor space, child-staff ratios,
and staff training.
(B) (C) 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;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in
this subsection committed in other jurisdictions or under federal
law.
(C) (D) 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) (E) 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) (F) Application forms for licensure or
registration issued under this chapter by the department and
application forms for employment at a facility operated by
a church congregation, established religious denomination, or
religious college or university 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 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) (G) 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) (H) 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 7. Section 20-7-2910 of the 1976 Code is amended
to read:
"Section 20-7-2910. It shall be the responsibility of
The child day care operator to shall notify the
department of the fact of its operation and existence and to
shall request inspection of the facility. It shall be the
responsibility of The department to shall request
that the local health and fire safety agencies conduct an inspection
of the facility at least annually before renewal of the
registration and more often if necessary to insure
ensure compliance with health and fire safety regulations.
If there be are no local health and safety agencies to
conduct the inspection, then the appropriate state agency
will shall conduct the inspection. The department
shall register any such the day care facility upon
notification from health and fire safety agencies that the day care
facility is in compliance with such these regulations.
The applicable regulations applied shall
must be the same health and fire safety regulations applied
to other facilities regulated under this subarticle as set forth in
the December 28, 1976 regulations as filed with the Secretary of
State by the department for Child Day Care Centers and Group Day
Care Homes."
SECTION 8. Section 20-7-2920 of the 1976 Code, as last
amended by Act 368 of 1990, is further amended to read:
"Section 20-7-2920. The department may seek an
injunction against the continuing operation of a child day care
center or group day care home in the family court having
jurisdiction over the county in which the facility is located
when:
(1) the facility is operating without having requested the
appropriate inspections;
(2) there is a violation of the health and fire safety regulations
as set forth by Sections 20-7-2910 through 20-7-2970 which
threaten serious harm to children in the facility;
(3) an operator repeatedly has violated the health and fire
safety regulations the facility is deemed to be out of
compliance with the provisions of Sections 20-7-2900 and
20-7-2910."
SECTION 9. Section 20-7-3030 of the 1976 Code is amended
to read:
"Section 20-7-3030. The department shall have power
to issue a declaratory order to any applicant regarding approval of
drawings and specifications related to construction or renovations
proposed by a facility. Such order shall specifically state each factor
to be considered and shall clearly indicate the department's probable
approval or disapproval of each factor. No appeal of a declaratory
order shall be permitted. No facet of a facility constructed in
compliance with a declaratory order of the department shall serve as
a basis for a refusal by the department to license or approve a
facility Upon request of an applicant or operator, the
department shall offer consultation to address any aspect of
compliance with this subarticle or the regulations promulgated
under this subarticle. Consultation includes, but is not limited to,
review and comment on drawings and specifications related to
construction and renovations proposed by a facility."
SECTION 10. This act takes effect October 1, 1996.
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