H*3628 Session 112 (1997-1998)
H*3628(Rat #0233, Act #0132 of 1997) General Bill, By Kelley, Allison,
Davenport, Harrison, J.H. Hodges and Keegan
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
17-25-135 SO AS TO REQUIRE THAT THE NAME OF A DEFENDANT CONVICTED FOR AN
OFFENSE BASED ON CHILD SEXUAL OR PHYSICAL ABUSE BE ENTERED IN THE CENTRAL
REGISTRY FOR CHILD ABUSE AND NEGLECT MAINTAINED BY THE SOUTH CAROLINA
DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 20-7-616, RELATING TO ACCESS
TO SEX OFFENDER REGISTRY INFORMATION, SO AS TO PROVIDE THAT A CRIMINAL JUSTICE
AGENCY SHALL PROVIDE INFORMATION PERTAINING TO CRIMINAL HISTORY RATHER THAN
THE RECORD OR A SUMMARY OF THE RECORD, TO FURTHER PRESCRIBE THE CONTENT OF THE
INFORMATION, AND TO EXEMPT THE DEPARTMENT OF SOCIAL SERVICES FROM FEES FOR
THIS SERVICE; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO DUTIES OF THE
SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE PROCEDURES
FOR ENTERING THE NAME OF A PERPETRATOR IN THE CENTRAL REGISTRY FOR CHILD ABUSE
AND NEGLECT; TO AMEND SECTION 20-7-670, AS AMENDED, RELATING TO CHILD ABUSE
AND NEGLECT IN RESIDENTIAL INSTITUTIONS AND FOSTER HOMES, SO AS TO CLARIFY THE
STANDARDS AND PROCEDURES FOR INVESTIGATING SUCH ABUSE AND TO REQUIRE THE NAME
OF A PERPETRATOR OF SUCH ABUSE OR NEGLECT IMMEDIATELY TO BE ENTERED ON THE
CENTRAL REGISTRY UPON A FINDING OF THE ABUSE OR NEGLECT AND TO PROVIDE NOTICE
REQUIREMENTS AND PROCEDURES FOR APPEAL; AND TO AMEND SECTION 20-7-680, AS
AMENDED, RELATING TO THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, SO AS
TO REVISE THE PROCEDURES FOR MAINTAINING INFORMATION ON THE REGISTRY; TO AMEND
SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY AND RELEASE OF ABUSE
AND NEGLECT REPORTS, SO AS TO INCLUDE THE DIVISION OF GUARDIAN AD LITEM,
OFFICE OF THE GOVERNOR, AS AN ENTITY TO WHICH INFORMATION MAY BE RELEASED, TO
DELETE PROVISIONS RELATING TO THE DISCLOSURE OF PERPETRATOR STATUS FOR
LICENSING AND EMPLOYMENT PURPOSES, AND TO AUTHORIZE THE DEPARTMENT TO USE
OTHER INFORMATION FOR SUCH PURPOSES AND FOR PERFORMING OTHER DUTIES; AND TO
AMEND SECTION 20-7-766, AS AMENDED, RELATING TO JUDICIAL REVIEW OF CHILDREN IN
FOSTER CARE, SO AS TO AUTHORIZE SUCH REVIEW UPON A MOTION RATHER THAN UPON
PLEADINGS, AND TO PROVIDE TRANSFER PROVISIONS FOR DATA FROM THE CENTRAL
REGISTRY INTO THE STATEWIDE SYSTEM CREATED BY THIS ACT AND PROCEDURES FOR
RELEASE OF INFORMATION PRIOR AND SUBSEQUENT TO THIS ACT.-AMENDED TITLE
03/11/97 House Introduced and read first time HJ-7
03/11/97 House Referred to Committee on Judiciary HJ-8
04/16/97 House Committee report: Favorable Judiciary HJ-3
04/22/97 House Read second time HJ-17
04/23/97 House Read third time and sent to Senate HJ-13
04/24/97 Senate Introduced and read first time SJ-9
04/24/97 Senate Referred to Committee on Judiciary SJ-9
05/21/97 Senate Committee report: Favorable with amendment
Judiciary SJ-26
05/22/97 Senate Amended SJ-35
05/22/97 Senate Read second time SJ-35
05/22/97 Senate Ordered to third reading with notice of
amendments SJ-35
06/03/97 Senate Amended SJ-133
06/03/97 Senate Read third time and returned to House with
amendments SJ-133
06/04/97 House Concurred in Senate amendment and enrolled HJ-44
06/09/97 Ratified R 233
06/13/97 Signed By Governor
06/13/97 Effective date 01/01/98
06/30/97 Copies available
06/30/97 Act No. 132
(A132, R233, H3628)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 17-25-135 SO AS TO
REQUIRE THAT THE NAME OF A DEFENDANT CONVICTED FOR
AN OFFENSE BASED ON CHILD SEXUAL OR PHYSICAL ABUSE
BE ENTERED IN THE CENTRAL REGISTRY FOR CHILD ABUSE
AND NEGLECT MAINTAINED BY THE SOUTH CAROLINA
DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION
20-7-616, RELATING TO ACCESS TO SEX OFFENDER REGISTRY
INFORMATION, SO AS TO PROVIDE THAT A CRIMINAL JUSTICE
AGENCY SHALL PROVIDE INFORMATION PERTAINING TO
CRIMINAL HISTORY RATHER THAN THE RECORD OR A
SUMMARY OF THE RECORD, TO FURTHER PRESCRIBE THE
CONTENT OF THE INFORMATION, AND TO EXEMPT THE
DEPARTMENT OF SOCIAL SERVICES FROM FEES FOR THIS
SERVICE; TO AMEND SECTION 20-7-650, AS AMENDED,
RELATING TO DUTIES OF THE SOUTH CAROLINA
DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE
PROCEDURES FOR ENTERING THE NAME OF A PERPETRATOR
IN THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT;
TO AMEND SECTION 20-7-670, AS AMENDED, RELATING TO
CHILD ABUSE AND NEGLECT IN RESIDENTIAL INSTITUTIONS
AND FOSTER HOMES, SO AS TO CLARIFY THE STANDARDS
AND PROCEDURES FOR INVESTIGATING SUCH ABUSE AND TO
REQUIRE THE NAME OF A PERPETRATOR OF SUCH ABUSE OR
NEGLECT IMMEDIATELY TO BE ENTERED ON THE CENTRAL
REGISTRY UPON A FINDING OF THE ABUSE OR NEGLECT AND
TO PROVIDE NOTICE REQUIREMENTS AND PROCEDURES FOR
APPEAL; TO AMEND SECTION 20-7-680, AS AMENDED,
RELATING TO THE CENTRAL REGISTRY FOR CHILD ABUSE
AND NEGLECT, SO AS TO REVISE THE PROCEDURES FOR
MAINTAINING INFORMATION ON THE REGISTRY; TO AMEND
SECTION 20-7-690, AS AMENDED, RELATING TO
CONFIDENTIALITY AND RELEASE OF ABUSE AND NEGLECT
REPORTS, SO AS TO INCLUDE THE DIVISION OF GUARDIAN AD
LITEM, OFFICE OF THE GOVERNOR, AS AN ENTITY TO WHICH
INFORMATION MAY BE RELEASED, TO DELETE PROVISIONS
RELATING TO THE DISCLOSURE OF PERPETRATOR STATUS
FOR LICENSING AND EMPLOYMENT PURPOSES, AND TO
AUTHORIZE THE DEPARTMENT TO USE OTHER INFORMATION
FOR SUCH PURPOSES AND FOR PERFORMING OTHER DUTIES;
AND TO AMEND SECTION 20-7-766, AS AMENDED, RELATING
TO JUDICIAL REVIEW OF CHILDREN IN FOSTER CARE, SO AS
TO AUTHORIZE SUCH REVIEW UPON A MOTION RATHER THAN
UPON PLEADINGS, AND TO PROVIDE TRANSFER PROVISIONS
FOR DATA FROM THE CENTRAL REGISTRY INTO THE
STATEWIDE SYSTEM CREATED BY THIS ACT AND
PROCEDURES FOR RELEASE OF INFORMATION PRIOR AND
SUBSEQUENT TO THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Entry of sex offenders on Central Registry of Child Abuse
SECTION 1. The 1976 Code is amended by adding:
"Section 17-25-135. (A) When a person is convicted of or pleads
guilty or nolo contendere to an 'Offense Against the Person' as provided
for in Title 16, Chapter 3, an 'Offense Against Morality or Decency' as
provided for in Title 16, Chapter 15, criminal domestic violence, as
defined in Section 16-25-20, criminal domestic violence of a high and
aggravated nature as defined in Section 16-25-65, or the common law
offense of assault and battery of a high and aggravated nature, 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
person's name, any other identifying information, including, but not
limited to, the person's date of birth, address, and any other identifying
characteristics, 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. The clerk shall forward the information
to the Department of Social Services for this purpose in accordance with
guidelines adopted by the department.
(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, as defined in Section 20-7-490(5).
(2) 'Sexual abuse' means:
(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; by any person including, but not limited to, a person responsible
for the child's welfare, as defined in Section 20-7-490(5)."
Release of sex offender registry information
SECTION 2. Section 20-7-616 of the 1976 Code, as last amended
by Act 450 of 1996, is further amended to read:
"Section 20-7-616. Notwithstanding any other provision of law,
upon request of the department, a criminal justice agency having custody
of or access to state or local law enforcement records or county sex
offender registries shall provide the department with information
pertaining to the criminal history of an adult residing in the home of a
child who is named in a report of suspected child abuse or neglect or in
a home in which it is proposed that the child be placed. This information
shall include conviction data, nonconviction data, arrests, and incident
reports accessible to the agency. The department shall not be charged a
fee for this service."
Procedures revised
SECTION 3. Section 20-7-650 (H) through (R) of the 1976 Code,
as last amended by Act 450 of 1996, is further amended to read:
"(H) Reports of child abuse and neglect must be entered
immediately into the department's centralized data system 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 considered 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 accompanied by a description of
services being provided as required under subsection (F).
(2) Affirmative determinations 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 that the report was determined to be
unfounded. 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) 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) must order that a person be entered in the Central Registry of
Child Abuse and Neglect if it finds that there is a preponderance of
evidence that the person 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 person be entered in the Central Registry if item (2)
applies;
(2) may order that the person be entered in the Central Registry
if it finds that there is a preponderance of evidence that the person 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 person
would present a significant risk of committing physical or sexual abuse
or wilfull or reckless neglect if the person were in a position or setting
outside of the person's home that involves care of or substantial contact
with children.
(L) The court may order at the probable cause hearing that the
person be entered in 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 the person named as
perpetrator be entered in the Central Registry of Child Abuse and Neglect.
The petition must have attached a written case summary stating facts
sufficient to establish by a 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 committing physical or sexual abuse
or wilfull or reckless neglect if placed in a position or setting outside of
the person'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 shall 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 person in the
Central Registry pursuant to subsection (K), (L), or (M) in all cases in
which the department concludes that there is a preponderance of evidence
that the person committed sexual abuse.
(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.
(P) In cases where a person has been placed in the Central Registry
of Child Abuse and Neglect, 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 a report is unfounded,
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).
(Q) The department must 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.
(R) The department must 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 must 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 must 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 must 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.
(S) The department actively must 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.
(T) The local office of the department responsible for the county of
the mother's legal residence must 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
having custody of the mother.
(U) The agency in all instances must act in accordance with the
policies, procedures, and regulations promulgated and distributed by the
State Department of Social Services pursuant to this chapter."
Institutional abuse
SECTION 4. Section 20-7-670(B) of the 1976 Code, as last
amended by Act 450 of 1996, is further amended to read:
"(B) The Department of Social Services is authorized to receive
and investigate reports of abuse and neglect occurring in foster homes
supervised by or recommended for licensing by the department or by
child placing agencies to determine whether the report is indicated or
unfounded. Indicated reports must be based upon a finding that abuse or
neglect is supported by a preponderance of the evidence available to the
department. The determination that a report is indicated may be appealed
as provided in Section 20-7-655. Responsibility for investigating the
department's foster homes must be assigned to a unit or units not
responsible for selecting or licensing its foster homes."
Entry of perpetrator on Central Registry of Child Abuse
SECTION 5. 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 must 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 of the entry in the registry
pursuant to this subsection must be given expedited review in the appeals
process."
Central Registry of Child Abuse and Neglect
SECTION 6. 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 must
maintain one or more statewide data systems concerning cases reported
to it pursuant to this article.
(B) The Department of Social Services must maintain a Central
Registry of Child Abuse and Neglect within the department's child
protective services unit in accordance with Sections 20-7-650, 20-7-670,
and 17-25-135. Perpetrators of child abuse and neglect must be entered
in the registry only by order of a court as provided for in Sections
20-7-650 and 17-25-135, or as provided for in Section 20-7-670. Each
entry in the registry must be accompanied by information further
identifying the person including, but not limited to, the person's date of
birth, address, and any other identifying characteristics, and describing the
abuse or neglect committed by the person.
(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 name, address, birth date, identifying characteristics, and
other information of a person named in a report must be removed from
department records and the central registry immediately upon a
determination by the department or the court that the report is unfounded,
except as provided in Section 20-7-650(I).
(E) The names, addresses, birth dates, identifying characteristics,
and other information unnecessary for auditing and statistical purposes of
persons named in the registry or department records must be destroyed
seven years from the date services are terminated. This section 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 the child's welfare without
identifying a person as perpetrator, 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. Information in records of the
department other than the Central Registry of Child Abuse and Neglect
must not be used for screening potential employees or volunteers of any
public or private entity, except as specifically provided by Section
20-7-690 or as otherwise provided by statute. However, nothing in this
section prevents the department from using other information in its
records when making decisions associated with administration or delivery
of the department's programs and services."
Release of information
SECTION 7. Section 20-7-690(B) of the 1976 Code, as last
amended by Act 450 of 1996, is further amended by adding an
appropriately numbered subitem to read:
"( ) The Division of Guardian ad Litem, Office of the Governor,
for purposes of certifying that no potential employee or volunteer is the
subject of an indicated report or an affirmative determination."
Release of information
SECTION 8. Section 20-7-690(J) of the 1976 Code, as last
amended by Act 450 of 1996, is further amended to read:
"(J) The department is authorized to disclose information concerning
an individual named in the Central Registry of Child Abuse and Neglect
as a perpetrator when screening of an individual's background is required
by statute or regulation for employment, licensing, or any other purposes,
or a request is made in writing by the person being screened. Nothing in
this section prevents the department from using other information in
department records when making decisions concerning licensing,
employment, or placement, or performing other duties required by this
act. The department also is authorized to consult any department records
in providing information to persons conducting preplacement
investigations of prospective adoptive parents in accordance with Section
20-7-1740."
Judicial review of children in foster care upon motion
SECTION 9. Section 20-7-766(A) of the 1976 Code, as last
amended by Act 450 of 1996, is further amended to read:
"(A) The family court must review the status of a child placed in
foster care upon motion filed by the department to determine a permanent
plan for the child. The permanency planning hearing must be held no
later than one year after the date the child was first placed in foster care.
At the initial permanency planning hearing, the court shall review the
status of the child and the progress being made toward the child's return
home or toward any other permanent plan approved at the removal
hearing. The court's order shall make specific findings in accordance
with this section."
Transfer provisions
SECTION 10. (A) The data system which constituted the Central
Registry of Child Abuse and Neglect prior to the effective date of this act
shall be incorporated into the statewide data systems of the department
provided for in Section 20-7-680(A).
(B) Except as provided in subsection (C), information concerning
perpetrators listed in the Central Registry of Child Abuse and Neglect
prior to the effective date of this act must be placed in the modified
Central Registry of Child Abuse and Neglect created by Subarticle 7,
Article 7, Chapter 7, Title 20 of the 1976 Code if there has been an
affirmative determination that the perpetrator physically or sexually
abused the child or wilfully or recklessly neglected the child.
(C) Information concerning all cases indicated before January 1,
1993, shall be placed in the modified Central Registry of Child Abuse and
Neglect created by Subarticle 7, Article 7, Chapter 7, Title 20 of the 1976
Code. At such time as the department receives a request for information
concerning a perpetrator of child abuse or neglect in a case indicated prior
to January 1, 1993, the department must review the records of the case.
Information concerning the case may be released to the party requesting
the information only if (1) the case was indicated for physical or sexual
abuse or wilfull or reckless neglect and (2) the department's determination
that the perpetrator abused or neglected the child was confirmed by a
finding in family court or an administrative fair hearing, or the subject of
the report waived the opportunity for a family court determination or for
an administrative review. Upon request of a person identified in the
record as a perpetrator, the department may review records of cases
indicated before January 1, 1993, and may decide whether confirmation
or waiver occurred, whether the department should redesignate the
person's status, or whether the department should provide a hearing
pursuant to Section 20-7-655.
(D) For purposes of this section, "wilfull or reckless neglect" refers
to cases of neglect in which criminal charges were filed against the
perpetrator.
(E) No other case shall be placed in the modified Central Registry
of Child Abuse and Neglect created by Subarticle 7, Article 7, Chapter 7,
Title 20 of the 1976 Code unless the requirements of Sections 20-7-650,
20-7-670, or 17-25-510 have been met.
Time effective
SECTION 11. This act takes effect on January 1, 1998.
Approved the 13th day of June, 1997.
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