S 580 Session 112 (1997-1998)
S 0580 General Bill, By Fair, Bryan, Courtney, Glover, Holland, McConnell and
Moore
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
17-25-135 SO AS TO REQUIRE THE COURT TO ORDER PLACED IN THE CENTRAL REGISTRY
OF ABUSE AND NEGLECT THE NAME OF A DEFENDANT CONVICTED OF AN OFFENSE THE BASIS
OF WHICH INVOLVED CHILD SEXUAL OR PHYSICAL ABUSE; TO AMEND SECTION 20-7-650,
AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING
REPORTS, INVESTIGATIONS, AND RECORDS OF CHILD ABUSE AND NEGLECT SO AS TO
PROVIDE CRITERIA FOR ENTERING A PERPETRATOR IN THE CENTRAL REGISTRY FOR CHILD
ABUSE AND NEGLECT, TO ESTABLISH PROCEDURES FOR THE DEPARTMENT TO PETITION THE
COURT TO ORDER AN ENTRY IN THE REGISTRY AND TO FURTHER PROVIDE FOR PURGING
INFORMATION FROM THE REGISTRY IF THERE IS NOT A PREPONDERANCE OF THE EVIDENCE
THAT ABUSE OR NEGLECT OCCURRED; TO AMEND SECTION 20-7-670, AS AMENDED,
RELATING TO RESIDENTIAL INSTITUTIONS AND FOSTER HOME ABUSE AND NEGLECT, SO AS
TO REQUIRE THE DEPARTMENT TO NOTIFY A PERSON WHOSE NAME IS BEING ENTERED IN
THE REGISTRY PURSUANT TO AN INVESTIGATION FINDING ABUSE OR NEGLECT AND TO
PROVIDE THAT CERTAIN APPEAL PROCEDURES APPLY WHERE A PERSON CHALLENGES SUCH AN
ENTRY; AND TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO THE CENTRAL
REGISTRY OF ABUSE AND NEGLECT SO AS TO PROVIDE THAT PERPETRATORS ONLY MAY BE
ENTERED IN THE REGISTRY BY ORDER OF THE COURT.
03/26/97 Senate Introduced and read first time SJ-10
03/26/97 Senate Referred to Committee on Judiciary SJ-10
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 17-25-135 SO AS TO REQUIRE
THE COURT TO ORDER PLACED IN THE CENTRAL
REGISTRY OF ABUSE AND NEGLECT THE NAME OF A
DEFENDANT CONVICTED OF AN OFFENSE THE BASIS OF
WHICH INVOLVED CHILD SEXUAL OR PHYSICAL ABUSE;
TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO
DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES
REGARDING REPORTS, INVESTIGATIONS, AND RECORDS
OF CHILD ABUSE AND NEGLECT SO AS TO PROVIDE
CRITERIA FOR ENTERING A PERPETRATOR IN THE
CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, TO
ESTABLISH PROCEDURES FOR THE DEPARTMENT TO
PETITION THE COURT TO ORDER AN ENTRY IN THE
REGISTRY AND TO FURTHER PROVIDE FOR PURGING
INFORMATION FROM THE REGISTRY IF THERE IS NOT A
PREPONDERANCE OF THE EVIDENCE THAT ABUSE OR
NEGLECT OCCURRED; TO AMEND SECTION 20-7-670, AS
AMENDED, RELATING TO RESIDENTIAL INSTITUTIONS
AND FOSTER HOME ABUSE AND NEGLECT, SO AS TO
REQUIRE THE DEPARTMENT TO NOTIFY A PERSON WHOSE
NAME IS BEING ENTERED IN THE REGISTRY PURSUANT TO
AN INVESTIGATION FINDING ABUSE OR NEGLECT AND TO
PROVIDE THAT CERTAIN APPEAL PROCEDURES APPLY
WHERE A PERSON CHALLENGES SUCH AN ENTRY; AND TO
AMEND SECTION 20-7-680, AS AMENDED, RELATING TO
THE CENTRAL REGISTRY OF ABUSE AND NEGLECT SO AS
TO PROVIDE THAT PERPETRATORS ONLY MAY BE
ENTERED IN THE REGISTRY BY ORDER OF THE COURT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 17-25-135. (A) When a defendant is convicted of or
pleads guilty or nolo contendere to an 'Offense Against the Person'
as provided for in Title 16, Chapter 3, or an 'Offense Against
Morality or Decency' as provided for in Title 16, Chapter 15, and the
act on which the conviction or the plea of guilty or nolo contendere
is based involved sexual or physical abuse of a child, the court shall
order that the name and other identifying information concerning the
perpetrator and the nature of the act which led to the conviction or
plea be placed in the Central Registry of Child Abuse and Neglect
established by Section 20-7-680.
(B) For purposes of this section:
(1) 'Physical Abuse' means inflicting physical injury upon a
child or encouraging or facilitating the infliction of physical injury
upon a child by any person including, but not limited to, a person
responsible for the child's welfare.
(2) 'Sexual Abuse' means by any person including, but not
limited to, a person responsible for the child's welfare:
(a) actual or attempted sexual contact with a child, or
(b) permitting, enticing, encouraging, forcing, or otherwise
facilitating a child's participation in prostitution or in a live
performance or photographic representation of sexual activity or
sexually explicit nudity."
SECTION 2. Section 20-7-650 (H)-(R) of the 1976 Code, as last
amended by Act 450 of 1996, are further amended to read:
"(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 department
department's centralized data system 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
department. On or before the expiration of that time, 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 on the central and
local registries only when accompanied by a description of
services being provided as required under subsection (F).
(2) Affirmative determinations may be maintained by the
department only when must be accompanied by a
description of services being provided the child and those responsible
for his welfare, and relevant dispositional information.
(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, the report and related information may
be retained by the department in its records for one year for use by
department staff or law enforcement agencies 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
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.
(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, addresses, birth dates, identifying characteristics, and
other information unnecessary for auditing and statistical purposes or
persons named in affirmative determinations of child abuse or neglect
maintained in agency files must be destroyed seven years from the
date services are terminated. Upon a determination that more likely
than not a person who is the subject of a report as defined in Section
20-7-490 did not commit child abuse or neglect, the name, address,
birth date, and other identifying characteristics of that person must be
purged immediately from the department's files. This provision 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 his welfare
without identifying a subject of the report or providing child
protective services to the child who is the subject of the indicated
report and those responsible for the child's welfare.
(K) A family court order resulting from proceedings initiated
by the 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.
At a hearing pursuant to Section 20-7-736 or 20-7-738, at
which the court orders that a child be taken or retained in custody or
finds that the child was abused or neglected, the court:
(1) shall order that a perpetrator be entered on the Central
Registry of Child Abuse and Neglect if it finds that there is a
preponderance of evidence that the perpetrator physically or sexually
abused or wilfully or recklessly neglected the child. However, if the
only form of physical abuse that is indicated is excessive corporal
punishment, the court only may order that the perpetrator be entered
on the Central Registry if item (2) applies;
(2) may order that the perpetrator be entered on the Central
Registry if it finds that there is a preponderance of evidence that the
perpetrator abused or neglected the child in any manner other than
provided for in item (1) and that the nature and circumstances of the
abuse indicate that the perpetrator would present a significant risk of
physical or sexual abuse or wilful or reckless neglect if the
perpetrator were in a position or setting outside of the perpetrator's
home that involves care of or substantial contact with children.
(L) The court may order at the probable cause hearing that a
perpetrator be entered on the Central Registry if there is sufficient
evidence to support the findings required by subsection (K).
(M) At any time following receipt of a report, the department may
petition the family court for an order directing that a person named
as perpetrator be entered on the Central Registry of Child Abuse and
Neglect. The petition shall have attached a written case summary
stating facts sufficient to establish by preponderance of the evidence
that the person named as perpetrator abused or neglected the child
and that the nature and circumstances of the abuse indicate that the
person named as perpetrator would present a significant risk of
physical or sexual abuse or wilful or reckless neglect if placed in a
position or setting outside of the perpetrator's home that involves
care of or substantial contact with children. The department shall
serve a copy of the petition and summary on the person named as
perpetrator. The petition shall include a statement that the judge will
rule based on the facts stated in the petition unless the clerk of court
or the clerk's designee receives a written request for a hearing from
the person named as perpetrator within five days after service of the
petition. The name, address, and telephone number of the clerk of
court or the clerk's designee must be stated in the petition. If the
person named as perpetrator requests a hearing, the court shall
schedule a hearing on the merits of the allegations in the petition and
summary to be held no later than five working days following the
request.
(N) The department must seek an order placing a perpetrator on the
Central Registry pursuant to subsection (K), (L) or (M) in all cases
in which the agency concludes that there is a preponderance of
evidence that a perpetrator committed sexual abuse.
(L)(O) The 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 these children. Services must not be
construed to include emergency protective custody provided for in
Section 20-7-736.
(M)(P) In cases where a report has been filed
with perpetrator has been placed on the Central Registry
of Child Abuse and Neglect, as required by subsection (H),
the outcome of any further proceedings must be entered immediately
by the department into the Central Registry of Child Abuse and
Neglect. If it is determined that there is not a preponderance of
evidence that the subject of a report committed child abuse or
neglect, the department must immediately purge information
identifying that person as a perpetrator from the registry and from
department records as provided in Section 20-7-680(D) and (E).
(N) 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;
(3) whether the person's name has been recorded by the
department as a suspected perpetrator of abuse or neglect;
(4) the right to inspect department records concerning the
investigation;
(5) statutory and family court remedies available to complete
the investigation and to protect the child if the parent or guardian or
subject of the report indicates a refusal to cooperate;
(6) how information provided by the parent or guardian may be
used,;
(7) the possible outcomes of the investigation;
(8) the telephone number and name of a department employee
available to answer questions.
(O) The 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 department.
Where the facts indicating abuse or neglect also appear to indicate a
violation of criminal law, the department shall notify the appropriate
law enforcement agency of those facts within twenty-four hours of
the 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 department of the finding. When the intake
report is of alleged sexual abuse, the 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. In cases where the
agency retains custody of the minor children and physical placement
of the children is in the care of relatives, the agency must
provide the same services along with financial benefits provided to
other licensed foster care placement and facilities, provided
the adults with whom the child is placed meet all qualifications
applicable to foster parents.
(P)The 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.
(Q)The local office of the department responsible for 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 office is the responsibility of the agency
or institution with custody of the mother.
(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."
SECTION 3. Section 20-7-670 of the 1976 Code, as last amended
by Act 450 of 1996, is further amended by adding at the end:
"(G) When the investigation performed pursuant to this section
results in a determination that an individual has harmed a child or
threatened a child with harm as defined in Section 20-7-490, the
name of that individual immediately must be entered in the Central
Registry of Child Abuse and Neglect. The department shall notify
the individual in writing by certified mail that his name has been
entered in the registry, of his right to request an appeal of the decision
to enter his name in the registry, and of the possible consequences to
future employment and licensing if he allows his name to remain in
the registry. The procedures set out in Section 20-7-655 apply when
an individual challenges the entry of his name in the registry, and
challenges to entry on the registry pursuant to this subsection must be
given expedited review in the appeals process."
SECTION 4. Section 20-7-680 of the 1976 Code, as last amended
by Act 450 of 1996, is further 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 shall maintain one or more statewide data systems
concerning cases reported to it pursuant to this article.
(B) The Department of Social Services shall maintain a Central
Registry of Child Abuse and Neglect within the department's child
protective services unit in accordance with Section
Sections 20-7-650, 20-7-60, and 17-25-135.
The registry shall receive and maintain reports of child abuse and
neglect, and it shall release information to persons and agencies only
as authorized by this article. Reports of child abuse and neglect must
be maintained on the registry 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 Section 20-7-650(G).
All initial reports must be deemed suspected. Reports of suspected
child abuse and neglect must be maintained on the registry for no
more than sixty days after the report was received by the department.
On or before the expiration of the sixty days, a report must be
converted into either unfounded or indicated, pursuant to the
department's investigation. Upon an affirmative determination,
indicated reports must be converted to the category of "affirmative
determination".
Indicated reports and affirmative determinations may be
maintained on the Central Registry of Child Abuse and Neglect only
when accompanied by a description of the services being provided
the child and those responsible for the child's welfare, and all
relevant disposition information. Perpetrators of child abuse
and neglect must be entered on the registry only by order of a court
as provided in Sections 20-7-650 and 17-25-135, or as provided in
Section 20-7-670. Each entry on the registry must be accompanied
by information further identifying the perpetrator and describing the
abuse or neglect committed by the perpetrator.
(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 names, addresses, birth dates, identifying characteristics,
and other information of persons named in unfounded reports
maintained on the registry a report must be
destroyed removed from department records and the
central registry immediately upon a determination that the
report is unfounded by the agency or the court that there is
not a preponderance of evidence that the person abused or neglected
the child. However, information concerning persons named in
Category II or III unfounded reports may be retained in other
records of the department other than the central registry as
provided for in Section 20-7-650(I).
(E) Upon an affirmative determination, the names, addresses,
birth dates, identifying characteristics, and other information of
persons named in indicated reports must be converted immediately
to the category of affirmative determination'The names,
addresses, birth dates, identifying characteristics, and other
information unnecessary for auditing and statistical purposes of
persons named in affirmative determinations of child abuse or
neglect reports in the registry or department records
must be destroyed seven years from the date services are terminated.
Upon a determination by the department or court that there
is not a preponderance of evidence that the subject of a report as
defined in Section 20-7-490 committed child abuse or neglect, the
name, address, birth date, and other identifying characteristics of that
person must be purged immediately from the registry and from
other agency records. However, if there is a preponderance of
evidence that the child was abused or neglected and some evidence
that the subject of the report was the perpetrator, information
identifying that person may be maintained in records of the
department other than the central registry as a Category II unfounded
report. This subsection does not prohibit the registry
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 subject of the report
as defined in Section 20-7-490, and it does not prohibit the
department from providing child protective services to the child who
is the subject of an indicated report and 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."
SECTION 5. This act takes effect upon approval by the Governor.
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