H*3669(Rat #0223, Act #0101)  General Bill, By Kirsh, D.C. Waldrop and 
S.S. Wofford

Similar(S 578)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 20-7-1642 so as to prohibit placement of children in foster care with a person
 with a substantiated history of child abuse or neglect, or who has been
 convicted of offenses against a person or against morality or decency; by
 adding Section 20-7-1643 so as to require the State Department of Social
 Services to establish standards for foster parent training; by adding Section
 43-1-115 so as to require the Department to conduct biennial performance
 audits of county Department of Social Services Child Protective Services and
 Foster Care Programs; by amending Section 20-7-2240, relating to agencies and
 institutions exempt from regulation as a child welfare agency, so as to
 provide that foster care facilities, not receiving state or federal funds,
 operated by certain religious organizations must pass annual fire, health, and
 sanitation inspections.

   03/10/93  House  Introduced and read first time HJ-2
   03/10/93  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-2
   04/21/93  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-3
   04/28/93  House  Read second time HJ-37
   04/29/93  House  Reconsider vote whereby read second time HJ-16
   04/29/93  House  Debate adjourned until Tuesday, May 4, 1993 HJ-20
   05/04/93  House  Debate adjourned until Wednesday, May 5, 1993 HJ-21
   05/05/93  House  Objection by Rep. White HJ-17
   05/05/93  House  Debate adjourned until Thursday, May 6, 1993 HJ-17
   05/06/93  House  Amended HJ-16
   05/06/93  House  Read second time HJ-18
   05/11/93  House  Read third time and sent to Senate HJ-7
   05/12/93  Senate Introduced, read first time, placed on calendar
                     without reference SJ-5
   05/13/93  Senate Read second time SJ-23
   05/25/93  Senate Read third time and enrolled SJ-28
   06/10/93         Ratified R 223
   06/14/93         Signed By Governor
   06/14/93         Effective date 07/01/93
   06/25/93         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1642 SO AS TO PROHIBIT PLACEMENT OF CHILDREN IN FOSTER CARE WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, OR WHO HAS BEEN CONVICTED OF OFFENSES AGAINST A PERSON OR AGAINST MORALITY OR DECENCY; BY ADDING SECTION 20-7-1643 SO AS TO REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH STANDARDS FOR FOSTER PARENT TRAINING; BY ADDING SECTION 43-1-115 SO AS TO REQUIRE THE DEPARTMENT TO CONDUCT BIENNIAL PERFORMANCE AUDITS OF COUNTY DEPARTMENT OF SOCIAL SERVICES CHILD PROTECTIVE SERVICES AND FOSTER CARE PROGRAMS; BY AMENDING SECTION 20-7-2240, RELATING TO AGENCIES AND INSTITUTIONS EXEMPT FROM REGULATION AS A CHILD WELFARE AGENCY, SO AS TO PROVIDE THAT FOSTER CARE FACILITIES, NOT RECEIVING STATE OR FEDERAL FUNDS, OPERATED BY CERTAIN RELIGIOUS ORGANIZATIONS MUST PASS ANNUAL FIRE, HEALTH, AND SANITATION INSPECTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Foster care placements prohibited

SECTION 1. The 1976 Code is amended by adding:

"Section 20-7-1642. No child may be placed in foster care with a person:

(1) with a substantiated history of child abuse or neglect; or

(2) who has pled guilty or nolo contendere to or who has been convicted of:

(a) an `Offense Against the Person' as provided for in Chapter 3, Title 16;

(b) an `Offense Against Morality or Decency' as provided for in Chapter 15, Title 16; or

(c) contributing to the delinquency of a minor as provided for in Section 16-17-490."

Foster parent training standards

SECTION 2. The 1976 Code is amended by adding:

"Section 20-7-1643. The Department of Social Services shall establish standards for foster parent training so as to ensure uniform preparedness for foster parents who care for abused or neglected children in the custody of the State. These standards shall specifically prohibit the viewing of standard television programs or reading of articles from popular magazines or daily newspapers as complying with the completion of pre-service or annual foster parent training requirements."

County office biennial performance audits

SECTION 3. The 1976 Code is amended by adding:

"Section 43-1-115. The State Department shall conduct, at least once every two years, a detailed performance audit, which must include, but is not limited to, the child protective services and foster care programs of every local county office. The department shall use a sample size that will ensure the results of the audit to be within a ninety percent confidence level. The department shall prepare a full and detailed report of its findings and include any proposals to rectify any deficiencies noted. The State Department shall submit, within ninety calendar days of the completion of the county performance audit review, a copy of its final report to the Governor, Lieutenant Governor, members of the respective county legislative delegations, the Joint Legislative Committee on Children, and the County Advisory Board of Social Services. The final and all draft audit reports are public information and upon request must be provided to any member of the public within the time period set forth by the Freedom of Information Act. As public information, the State Department shall also submit two copies of the final report to the State Library and one copy of the final report to any public library within the county reviewed. The failure of the State Department to conduct the required biennial performance audits of any county office is considered nonfeasance in office by the State Commission, is cause for the commissioner's removal, and subjects the commissioner to the penalties for nonfeasance."

Exemptions from regulation as child welfare agency

SECTION 4. Section 20-7-2240 of the 1976 Code is amended to read:

"Section 20-7-2240. (A) This subarticle does not apply to:

(1) child welfare agencies operating under the active supervision of a governing board representing an established religious denomination, except as these agencies voluntarily assume the obligations and acquire the rights provided by this subarticle;

(2) any children's home or institution to which state funds are appropriated;

(3) the John de la Howe School in McCormick County; provided, that the board of trustees of that school may elect to be licensed by the department, in which case the board of trustees shall request, by resolution, the department to license the John de la Howe School. When a license has been issued to the John de la Howe School by the department, pursuant to this subarticle, the school is bound by all regulations promulgated by the department relating to licensing standards and other matters pertaining to licensing standards.

(4) rescue missions or other similar charitable institutions organized before May 8, 1959, for the purpose of providing temporary care and custody of children and other needy persons and operating under a local board of trustees pursuant to and authorized by law.

(B) However, a foster care facility which does not receive state or federal financial assistance, operated by a local church congregation or established religious denomination or religious college or university must register with the department and report the number of children kept at the facility with the State Department of Social Services by January second of every year. These facilities must pass annual inspections by state or local authorities for compliance with the fire, health, and sanitation requirements."

Time effective

SECTION 5. This act takes effect July 1, 1993.

Approved the 14th day of June, 1993.