H*3414 Session 108 (1989-1990)
H*3414(Rat #0150, Act #0095 of 1989) General Bill, By D.M. Beasley, Carnell,
Fair, J.L. Harris, P.B. Harris, Hayes and J.G. Mattos
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 23
to Chapter 7, Title 20, so as to provide for the Continuum of Care for
Emotionally Disturbed Children by setting forth its purposes and providing for
Board members, meetings, an advisory council, the children to be served,
duties and functions, Director and staff employment, reports to the Governor
and General Assembly, and administrative support; to repeal Chapter 83, Title
44, relating to the Continuum of Care for Emotionally Disturbed Children; and
to provide for the initial terms of the Commission and Advisory Council and
initial appointment of a parent of a child currently receiving services from
the curriculum.-amended title
02/02/89 House Introduced and read first time HJ-4
02/02/89 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-4
03/16/89 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-5
03/21/89 House Debate adjourned until Wednesday, March 22, 1989 HJ-28
03/23/89 House Debate adjourned until Tuesday, March 28, 1989 HJ-2
03/28/89 House Amended HJ-10
03/28/89 House Read second time HJ-10
03/29/89 House Read third time and sent to Senate HJ-21
03/30/89 Senate Introduced and read first time SJ-6
03/30/89 Senate Referred to Committee on Medical Affairs SJ-6
04/13/89 Senate Committee report: Favorable with amendment
Medical Affairs SJ-10
04/18/89 Senate Amended SJ-18
04/18/89 Senate Read second time SJ-23
04/18/89 Senate Ordered to third reading with notice of
amendments SJ-23
04/25/89 Senate Amended SJ-25
04/25/89 Senate Read third time and returned to House with
amendments SJ-25
05/10/89 House Concurred in Senate amendment and enrolled HJ-66
05/16/89 Ratified R 150
05/22/89 Signed By Governor
05/22/89 Act No. 95
05/22/89 See act for exception to or explanation of
effective date
06/07/89 Copies available
(A95, R150, H3414)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23
TO CHAPTER 7, TITLE 20, SO AS TO PROVIDE FOR THE CONTINUUM OF CARE FOR
EMOTIONALLY DISTURBED CHILDREN BY SETTING FORTH ITS PURPOSES AND PROVIDING FOR
BOARD MEMBERS, MEETINGS, AN ADVISORY COUNCIL, THE CHILDREN TO BE SERVED, DUTIES
AND FUNCTIONS, DIRECTOR AND STAFF EMPLOYMENT, REPORTS TO THE GOVERNOR AND GENERAL
ASSEMBLY, AND ADMINISTRATIVE SUPPORT; TO REPEAL CHAPTER 83, TITLE 44, RELATING
TO THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN; AND TO PROVIDE FOR
THE INITIAL TERMS OF THE COMMISSION AND ADVISORY COUNCIL AND INITIAL APPOINTMENT
OF A PARENT OF A CHILD CURRENTLY RECEIVING SERVICES FROM THE CURRICULUM.
Be it enacted by the General Assembly of the State of South Carolina:
Continuum of care for emotionally disturbed children
SECTION 1. Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Article 23
Continuum of Care for Emotionally
Disturbed Children
Section 20-7-5610. It is the purpose of this article 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 met appropriately to the
extent possible within this State. To achieve this objective, the South Carolina
Continuum of Care for Emotionally Disturbed Children is established. This
article supplements and does not supplant existing services provided to this
population.
Section 20-7-5620. (A) The South Carolina Continuum of Care for Emotionally
Disturbed Children Board is created to serve as the governing board for the
Continuum of Care. The board consists of five members knowledgeable in services
to emotionally disturbed children. One member must be appointed by the Governor
from each Continuum of Care region, as determined by the Continuum of Care, upon
the recommendation of the chairmen of the Joint Committee on Mental Health and
Mental Retardation and the Joint Legislative Committee on Children, with the
advice and consent of the Senate.
(B) The term of office for the board members is four years and until their
successors are appointed and qualify. The terms expire on June thirtieth of the
appropriate year. A vacancy must be filled by the Governor for the remainder of
the unexpired term, with the advice and consent of the Senate.
(C) The board shall elect from its members a chairman for a term of two years.
Three members constitute a quorum for the transaction of business. The board
shall meet at least six times annually and more frequently upon the call of the
chairman to review and coordinate its activities. Members shall receive per
diem, subsistence, and mileage as provided by law for members of state boards,
commissions, and committees while engaged in the work of the board.
(D) The board shall promulgate regulations in accordance with this article and
the provisions of the Administrative Procedures Act and formulate necessary
policies and procedures of administration and operation to carry out effectively
the objectives of this article.
Section 20-7-5630. (A) The board must be supported by an advisory council
knowledgeable in services to emotionally disturbed children and includes:
(1) the chairman of the Joint Legislative Committee on Children or his
designee;
(2) the chairman of the Joint Committee on Mental Health and Mental
Retardation or his designee;
(3) one representative from each of the following agencies:
(a) State Health and Human Services Finance Commission;
(b) State Department of Mental Health;
(c) State Mental Retardation Department;
(d) South Carolina Department of Youth Services;
(e) State Department of Education;
(f) South Carolina School for the Deaf and Blind;
(g) John De La Howe School;
(h) Wil Lou Gray Opportunity School;
(i) State Agency of Vocational Rehabilitation;
(j) South Carolina Board of Directors for Review of Foster Care of
Children;
(k) South Carolina Department of Health and Environmental Control;
(l) State Department of Social Services.
(4) a representative appointed by the Governor from a:
(a) child advocacy group;
(b) licensed, practicing child psychiatrist;
(c) credentialed, practicing child psychologist;
(d) parent of a child currently receiving services from the Continuum of
Care;
(e) designee of the Governor;
(f) private provider of services for severely emotionally disturbed
children.
(B) The term of office for members appointed by the Governor in item (4) of
subsection (A) is four years and until their successors are appointed and
qualify. The appointments must be made with the advice and consent of the
Senate. The terms expire on June thirtieth of the appropriate year. A vacancy
must be filled by the Governor for the remainder of the unexpired term, with the
advice and consent of the Senate.
(C) The advisory council shall elect from its members a chairman for a term
of two years. The advisory council shall meet at least quarterly or more
frequently upon the call of the chairman. The board shall meet at least
quarterly with the advisory council. Members of the advisory council not
employed by the State or its political subdivisions shall receive per diem,
subsistence, and mileage as provided by law for members of state boards,
commissions, and committees while engaged in the work of the council.
Section 20-7-5640. (A)(1) The Continuum of Care serves children:
(a) who have been diagnosed as severely emotionally disturbed;
(b) who have exhausted existing available treatment resources or services;
(c) whose severity of emotional, mental, or behavioral disturbance
requires a comprehensive and organized system of care.
(2) Priority in the selection of clients must be based on criteria to be
established by the Continuum of Care.
(B) Before a court refers a child to the Continuum of Care, it must be given
the opportunity to evaluate the child and make a recommendation to the court
regarding:
(1) the child's suitability for placement with the Continuum of Care
pursuant to the provisions of this article, related regulations, and policies and
procedures of administration and operation;
(2) the agencies which offer services most appropriate to meet the child's
needs and the proportionate share of the costs among the agencies to meet those
needs;
(3) the necessity of obtaining other services for the child if the services
provided in item (2) are not available through the existing service delivery
system.
Section 20-7-5650. The Continuum of Care shall perform the following duties
and functions:
(1) identify needs and develop plans to address the needs of severely
emotionally disturbed children and youth;
(2) coordinate planning, training, and service delivery among public and
private organizations which provide services to severely emotionally disturbed
children and youth;
(3)(a) augment existing resources by providing or procuring services to
complete the range of services needed to serve this population in the least
restrictive, most appropriate setting. The scope of services includes 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.
(b) provide needed services until they can be procured;
(4) provide case management services directly;
(5) supervise and administer the development and operation of its activities
and services on a statewide regional basis.
Section 20-7-5660. The board may employ a director to serve at its pleasure.
The director shall employ staff necessary to carry out the provisions of this
article. The funds for the director, staff, and other purposes of the board must
be provided in the annual general appropriations act.
Section 20-7-5670. The board shall submit an annual report to the Governor and
General Assembly on its activities and recommendations for changes and
improvements in the delivery of services by public agencies serving children.
Section 20-7-5680. The Health and Human Services Finance Commission shall
provide administrative support necessary to perform the fiscal affairs of the
advisory council and the board. The Health and Human Services Finance Commission
does not have regulatory authority over the expenditure of funds, personnel
employment, and other policy and regulatory decisions."
Repeal
SECTION 2. Chapter 83, Title 44 of the 1976 Code is repealed.
Initial terms and appointments
SECTION 3. (A) As designated by the Governor the initial term of the members
of the South Carolina Continuum of Care for Emotionally Disturbed Children Board
provided for in Section 20-7-5620, as added in Section 1 of this act, is as
follows:
(1) one member: two years;
(2) two members: three years;
(3) two members: four years.
(B) As designated by the Governor the initial term of the members of the
advisory council appointed by the Governor provided for in Section
20-7-5630(A)(4), added in Section 1 of this act, is as follows:
(1) two members: two years;
(2) two members: three years;
(3) two members: four years.
(C) The initial appointment of a parent of a child currently receiving
services from the Continuum of Care provided for in Section 20-7-5630(A)(4)(d),
added in Section 1 of this act, applies to the Continuum of Care provided for in
Chapter 83 of Title 44 of the 1976 Code repealed in Section 2 of this act.
Time effective
SECTION 4. This act takes effect upon approval by the Governor except for
Section 20-7-5680, as added in Section 1, which takes effect July 1, 1989. |