H*3245 Session 106 (1985-1986)
H*3245(Rat #0465, Act #0421 of 1986) General Bill, By P. Evatt, D.M. Beasley and
Wilkins
Similar(S 842)
A Bill to amend Chapter 7 of Title 20, as amended, Code of Laws of South
Carolina, 1976, relating to the Children's Code, by adding Article 19 so as to
create the Children's Case Resolution System, to define the purposes and
functions of the System, to provide when cases may be reviewed by the System,
to outline the requirements of decisions by the System, and to prohibit the
provision of additional staff and State Funds to carry out the administrative
provisions of the Article.-amended title
01/06/86 House Prefiled
01/06/86 House Referred to Committee on Medical, Military,
Public and Municipal Affairs
01/14/86 House Introduced and read first time HJ-90
01/14/86 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-91
02/06/86 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-569
02/12/86 House Objection by Rep. P. Bradley, Klapman & Foxworth HJ-655
02/20/86 House Objection withdrawn by Rep. P. Bradley, Foxworth
& Klapman HJ-902
02/20/86 House Debate adjourned HJ-902
02/25/86 House Amended HJ-941
02/25/86 House Read second time HJ-943
02/26/86 House Read third time and sent to Senate HJ-984
02/27/86 Senate Introduced and read first time SJ-765
02/27/86 Senate Referred to Committee on Medical Affairs SJ-765
04/22/86 Senate Committee report: Favorable with amendment
Medical Affairs SJ-2226
04/24/86 Senate Amended SJ-2269
04/24/86 Senate Read second time SJ-2273
04/24/86 Senate Ordered to third reading with notice of
amendments SJ-2273
04/29/86 Senate Read third time SJ-2362
04/29/86 Senate Returned SJ-2362
04/30/86 House Concurred in Senate amendment and enrolled HJ-2694
05/07/86 Ratified R 465
05/13/86 Signed By Governor
05/13/86 Effective date 05/13/86
05/13/86 Act No. 421
05/20/86 Copies available
(A421, R465, H3245)
AN ACT TO AMEND CHAPTER 7 OF TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 19 SO AS TO
CREATE THE CHILDREN'S CASE RESOLUTION SYSTEM, TO DEFINE THE PURPOSES AND
FUNCTIONS OF THE SYSTEM, TO PROVIDE WHEN CASES MAY BE REVIEWED BY THE SYSTEM, TO
OUTLINE THE REQUIREMENTS OF DECISIONS BY THE SYSTEM, AND TO PROHIBIT THE
PROVISION OF ADDITIONAL STAFF AND STATE FUNDS TO CARRY OUT THE ADMINISTRATIVE
PROVISIONS OF THE ARTICLE.
Be it enacted by the General Assembly of the State of South Carolina:
Children's Case Resolution System
SECTION 1. Chapter 7 of Title 20 of the 1976 Code is amended by adding:
"Article 19
Children's Case Resolution System
Section 20-7-5210. There is created the Children's Case Resolution System,
referred to in this article as the System, which is a process of reviewing cases
on behalf of children for whom the appropriate public agencies collectively have
not provided the necessary services. The System must be housed in and staffed
by the Governor's Office.
Section 20-7-5220. The purposes of the System are:
(a) to review cases of children referred to the System to determine the need
to facilitate or recommend services for the children, or both, and to designate
the responsibilities of each public agency as they relate to the children;
(b) to arbitrate cases where the public agencies charged with administering
services to a child are unable to agree upon the services to be provided or where
the proportion of the expense for the services to be paid by the agencies cannot
be agreed upon; and
(c) to collectively review the cases of children to recommend changes or
improvements, or both, in the delivery of service by public agencies serving
children.
Section 20-7-5230. Cases may be reviewed by the System when there is a
disagreement between the child's parent and the local educational agency state
operated programs, and all due process rights and procedures provided under
Public Law 94-142 have been exhausted or terminated by written agreement by the
parties; or there is no disagreement between the child's parent and the local
educational agency state operated programs as to the services necessary for the
child, but there has been an inability to obtain appropriate services.
Decisions made through the System are binding on all parties subject to item
(e) of Section 20-7-5240. The decisions must comply with all principles of
'least restrictive environment', as used in Public Law 94-142 and of the other
provisions of the public law; must serve the children through their families and
communities except where not possible; and must comply with all provisions of law
regarding division of financial responsibility among public agencies, if any.
Section 20-7-5240. The functions of the System include, but are not limited
to, the following:
(a) receive case referrals from any source;
(b) review each case referred and continue in the System only the cases in
which individual public agency and interagency efforts to resolve the case have
been exhausted;
(c) conduct meetings with public agency representatives designated by the
System as relevant to the case for the purpose of obtaining the unanimous consent
of the designated agencies in the development of a plan for each child and
designating the responsibilities of each agency pursuant to that plan. Each
agency requested by the System shall send a representative to the meetings and
shall provide information and assistance as may be required by the System.
Parties that have prior experience with the child or who logically are presumed
to have service delivery responsibility for the child shall participate;
(d) convene a committee composed of public agency heads designated by the
System as relevant to the case when unanimous consent is not obtained as required
in item (c) for the purpose of obtaining the unanimous consent of the designated
agencies in determining the child's service needs and designating the
responsibilities of each agency as they relate to the child's service needs.
Each agency must be represented by the agency head or by a member of the agency
staff having the power to make final decisions on behalf of the agency head;
(e) when unanimous consent is not obtained as required in item (d), a panel
must be convened composed of the following persons:
(1) one public agency board member and one agency head appointed by the
Governor. Recommendations for appointments may be submitted by the Human
Services Coordinating Council. No member may be appointed who represents any
agency involved in the resolution of the case;
(2) one legislator appointed by the Governor upon the recommendation of the
Joint Legislative Committee on Children; and
(3) two members appointed by the Governor, drawn from a list of qualified
individuals not employed by a child serving public agency, established in advance
by the System, who have knowledge of public services for children in South
Carolina.
The chairman must be appointed by the Governor from members appointed as
provided in subitem (3) of this item. A decision is made by a majority of the
panel members present and voting, but in no case may a decision be rendered by
less than three members. The panel shall review a case at the earliest possible
date after sufficient staff review and evaluation pursuant to items (c) and (d)
and shall make a decision by the next scheduled panel meeting. When private
services are necessary, financial responsibility must be apportioned among the
appropriate public agencies based on the reasons for the private services.
Agencies designated by the panel shall carry out the decisions of the panel, but
the decisions may not substantially affect the funds appropriated for the
designated agency to such a degree that the intent of the General Assembly is
changed. Substantial impact of the decisions must be defined by regulations
promulgated by the State Budget and Control Board. When the panel identifies
similar cases that illustrate a break in the delivery of service to children,
either because of restrictions by law or substantial lack of funding, the panel
shall report the situation to the General Assembly and subsequently may not
accept any similar cases for decision until the General Assembly takes
appropriate action, however, the System may continue to perform the functions
provided in items (c) and (d).
Each member of the panel is entitled to subsistence, per diem, and mileage
authorized for members of state boards, committees, and commissions. The
respective agency is responsible for the compensation of the members appointed
in subitems (1) and (2) of this item, and the System is responsible for the
compensation of the members appointed in subitem (3) of this item;
(f) monitor the implementation of case findings and panel recommendations to
assure compliance with the decisions made by the System for each child;
(g) recommend improvements for the purpose of enhancing the effective
operation of the System and the delivery of service to children by public
agencies;
(h) submit an annual report on the activities of the System to the Governor,
the Joint Legislative Committee on Children, and agencies designated by the
System as relevant to the cases; and
(i) compile and transmit additional reports on the activities of the System,
and recommendations for service delivery improvements, as necessary, to the
Governor and the Joint Legislative Committee on Children."
No additional staff may be provided
SECTION 2. No additional staff nor state funds may be provided to carry out the
administrative provisions of this act.
Time effective
SECTION 3. This act shall take effect upon approval by the Governor. |