S 1149 Session 111 (1995-1996)
S 1149 General Bill, By M.T. Rose
Similar(S 1065, H 4537)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
20-7-2725 so as to prohibit day care centers from employing persons convicted
of certain crimes, to create a criminal offense when a person convicted of
certain crimes applies to or is employed by a day care center, to require
employment applications to include a statement regarding the criminal offense,
to require fingerprint reviews for employees and caregivers, to allow
temporary employment pending results of the review; to provide that the
criminal history reviews apply only to an employee or voluntary caregiver of a
day care center, group day care home, family day care home, or church or
religious day care center who provides care to the child or children without
the direct personal supervision of a person licensed, registered, or approved
under this Subarticle and who is in the presence of the child or children to
whom care is provided at all times during which the care is provided, to waive
fingerprint reviews for persons continuously employed in a day care center for
the two years prior to this Act's effective date; to amend Sections 20-7-2730,
20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, and 20-7-2900, all as
amended, and all relating to day care licensing, approval, registrations and
renewals, so as to revise the criminal offenses for which licenses, approvals,
and registrations may not be issued and to delete, for the purpose of
consolidation, provisions relating to employment in day care centers; and to
amend Section 20-7-2905, as amended, relating to fees for criminal history
reviews, so as to require the State Law Enforcement Division and the Federal
Bureau of Investigation to provide two copies of the results of these reviews.
02/15/96 Senate Introduced and read first time
02/15/96 Senate Referred to Committee on Judiciary
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT
DAY CARE CENTERS FROM EMPLOYING PERSONS
CONVICTED OF CERTAIN CRIMES; TO CREATE A
CRIMINAL OFFENSE WHEN A PERSON CONVICTED OF
CERTAIN CRIMES APPLIES TO OR IS EMPLOYED BY A
DAY CARE CENTER; TO REQUIRE EMPLOYMENT
APPLICATIONS TO INCLUDE A STATEMENT REGARDING
THE CRIMINAL OFFENSE; TO REQUIRE FINGERPRINT
REVIEWS FOR EMPLOYEES AND CAREGIVERS; TO ALLOW
TEMPORARY EMPLOYMENT PENDING RESULTS OF THE
REVIEW; TO PROVIDE THAT THE CRIMINAL HISTORY
REVIEWS APPLY ONLY TO AN EMPLOYEE OR
VOLUNTARY CAREGIVER OF A DAY CARE CENTER,
GROUP DAY CARE HOME, FAMILY DAY CARE HOME, OR
CHURCH OR RELIGIOUS DAY CARE CENTER WHO
PROVIDES CARE TO THE CHILD OR CHILDREN WITHOUT
THE DIRECT PERSONAL SUPERVISION OF A PERSON
LICENSED, REGISTERED, OR APPROVED UNDER THIS
SUBARTICLE AND WHO IS IN THE PRESENCE OF THE
CHILD OR CHILDREN TO WHOM CARE IS PROVIDED AT
ALL TIMES DURING WHICH THE CARE IS PROVIDED; TO
WAIVE FINGERPRINT REVIEWS FOR PERSONS
CONTINUOUSLY EMPLOYED IN A DAY CARE CENTER FOR
THE TWO YEARS PRIOR TO THIS ACT'S EFFECTIVE DATE;
TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800,
20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, ALL AS
AMENDED, AND ALL RELATING TO DAY CARE
LICENSING, APPROVAL, REGISTRATIONS AND RENEWALS,
SO AS TO REVISE THE CRIMINAL OFFENSES FOR WHICH
LICENSES, APPROVALS, AND REGISTRATIONS MAY NOT
BE ISSUED AND TO DELETE, FOR THE PURPOSE OF
CONSOLIDATION, PROVISIONS RELATING TO
EMPLOYMENT IN DAY CARE CENTERS; AND TO AMEND
SECTION 20-7-2905, AS AMENDED, RELATING TO FEES
FOR CRIMINAL HISTORY REVIEWS, SO AS TO REQUIRE
THE STATE LAW ENFORCEMENT DIVISION AND THE
FEDERAL BUREAU OF INVESTIGATION TO PROVIDE TWO
COPIES OF THE RESULTS OF THESE REVIEWS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-2725. (A) No day care center, group day
care home, family day care home, or church or religious day care
center may employ a person or engage the services of a caregiver
who has been convicted of:
(1) a violent crime, as defined in Section 16-1-60;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) a crime listed in Chapter 53 of Title 44, for which the
maximum term of imprisonment is five years or more;
(4) a felony classified in Section 16-1-10(A);
(5) a crime classified as exempt in Section 16-1-10(D), for
which the maximum term of imprisonment is twenty years or more;
(6) violating any of the following provisions:
(a) Section 16-3-85, homicide by child abuse;
(b) Section 16-3-654, criminal sexual conduct, third degree;
(c) Section 16-3-655, criminal sexual conduct with minors;
(d) Section 16-3-656, assault with intent to commit
criminal sexual conduct;
(e) Section 16-3-810, engaging a child for sexual
performance;
(f) Section 16-3-820, producing, directing or promoting
sexual performance by a child;
(g) Section 16-3-1060, the sale or purchase of child or
receipt of compensation for relinquishing custody of child for
adoption;
(h) Section 16-17-490, contributing to the delinquency of a
minor;
(i) Section 16-17-495, transporting a child under sixteen
years of age outside State with intent to violate a custody order;
(j) Section 16-17-500, supplying minors with tobacco or
cigarettes;
(k) Section 16-17-510, enticing an enrolled child from
attendance in public school;
(l) Section 16-23-30(c), the sale or delivery of a pistol to a
person under the age of twenty-one;
(m) Section 16-23-430, carrying weapons on school
property;
(n) Section 16-25-20, criminal domestic violence;
(o) Section 16-25-65, statutory offense of criminal
domestic violence of a high and aggravated nature;
(p) Section 20-7-50, unlawful neglect of a child or a
helpless person by legal custodian;
(q) Section 20-7-60, ill-treating children, apprentices,
servants, incompetents or helpless persons;
(r) Section 20-7-70, cruelty to children;
(s) Section 20-7-80, abandonment of children;
(t) Section 20-7-1690(F), receipt or payment of
compensation for consent or relinquishment of a child for adoption;
(u) Section 20-7-3095, unlawful to commit certain offenses
within specified radius of a child day care facility;
(v) Section 44-53-445, distribution of a controlled
substance within proximity of school;
(w) Section 56-5-2947, child endangerment; or
(x) the common law crime of infanticide;
(7) a crime in which the victim, or one of the victims, was a
child; or
(8) a crime similar in nature to a crime enumerated in items 1
through 7 committed in another jurisdiction or in violation of
federal law.
(B) A person who has been convicted of a crime enumerated in
subsection (A) who applies for employment with, is employed by,
or seeks to provide caregiver services, or is a caregiver at a day
care center, group day care home, family day care home, or church
or religious day care center is guilty of a misdemeanor and, upon
conviction, must be fined not more than five thousand dollars or
imprisoned not more than one year, or both.
(C) Application forms for employment at child day care centers,
group day care homes, family day care homes, or church or
religious day care centers must include, at the top of the form in
large bold type, a statement indicating that a person who has been
convicted of a crime enumerated in subsection (A) who applies for
employment with, is employed by, or seeks to provide caregiver
services or is a caregiver at a facility is guilty of a misdemeanor
and, upon conviction, must be fined not more than five thousand
dollars or imprisoned not more than one year, or both.
(D) To be employed by or to provide caregiver services at a
child day care center, group day care home, family day care home,
or church or religious day care center, a person first shall undergo a
state fingerprint review to be conducted by the State Law
Enforcement Division to determine any state criminal history and a
fingerprint review to be conducted by the Federal Bureau of
Investigation to determine any other criminal history. A person
may be provisionally employed or may provisionally provide
caregiver services pending the results of the fingerprint reviews for
a period not to exceed one hundred-twenty days, provided that the
person affirms in writing that they have not been convicted of any
of the crimes provided by this section. The results of the
fingerprint reviews are valid and no review is required to be
repeated unless the person ceases to be employed by or ceases to
provide caregiver services at any facility licensed, registered, or
approved under this subarticle for a period of one year or more. A
person who ceases to be employed by or ceases to provide caregiver
services at any facility licensed, registered, or approved under this
subarticle for a period of one year or more must undergo the
reviews provided in this section to be employed by or to provide
caregiver services at a child day care center, group day care home,
family day care home, or church or religious day care center.
(E) Unless otherwise required by law, this section applies only
to an employee or voluntary caregiver of a day care center, group
day care home, family day care home, or church or religious day
care center who provides care to the child or children without the
direct personal supervision of a person licensed, registered, or
approved under this subarticle and who is in the presence of the
child or children to whom care is provided at all times during
which the care is provided."
SECTION 2. Section 20-7-2730 of the 1976 Code is amended
to read:
"Section 20-7-2730. (A) Application for license must be
made on forms supplied by the department and in the manner it
prescribes.
(B) Before issuing a license the department shall conduct an
investigation of the applicant and the proposed plan of care for
children and for operating a private child day care center or group
day care home. If the results of the investigation verify that the
provisions of this subarticle and the applicable regulations
promulgated by the department are satisfied, a license must be
issued. The applicant shall cooperate with the investigation and
related inspections by providing access to the physical plant,
records, excluding financial records, and staff. Failure to comply
with the regulations promulgated by the department within the time
period specified in this subarticle, if adequate notification of
deficiencies has been made, is a ground for denial of application.
The investigation and inspections may involve consideration of any
facts, conditions, or circumstances relevant to the operation of the
child day care center or group day care home, including references
and other information about the character and quality of the
personnel.
(C) Each license must be conditioned by stating clearly the
name and address of the licensee, the address of the child day care
center or group day care home, and the number of children who
may be served.
(D) Failure of the department, except as provided in Section
20-7-3070, to approve or deny an application within ninety days
results in the granting of a provisional license.
(E) No license may be issued to an operator who has been
convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses
Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in
this subsection committed in other jurisdictions or under federal
law.
(1) a violent crime, as defined in Section 16-1-60;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) a crime listed in Chapter 53 of Title 44, for which the
maximum term of imprisonment is five years or more;
(4) a felony classified in Section 16-1-10(A);
(5) a crime classified as exempt in Section 16-1-10(D), for
which the maximum term of imprisonment is twenty years or more;
(6) violating any of the following provisions:
(a) Section 16-3-85, homicide by child abuse;
(b) Section 16-3-654, criminal sexual conduct, third degree;
(c) Section 16-3-655, criminal sexual conduct with minors;
(d) Section 16-3-656, assault with intent to commit
criminal sexual conduct;
(e) Section 16-3-810, engaging a child for sexual
performance;
(f) Section 16-3-820, producing, directing or promoting
sexual performance by a child;
(g) Section 16-3-1060, the sale or purchase of child or
receipt of compensation for relinquishing custody of child for
adoption;
(h) Section 16-17-490, contributing to the delinquency of a
minor;
(i) Section 16-17-495, transporting a child under sixteen
years of age outside State with intent to violate a custody order;
(j) Section 16-17-500, supplying minors with tobacco or
cigarettes;
(k) Section 16-17-510, enticing an enrolled child from
attendance in public school;
(l) Section 16-23-30(c), the sale or delivery of a pistol to a
person under the age of twenty-one;
(m) Section 16-23-430, carrying weapons on school
property;
(n) Section 16-25-20, criminal domestic violence;
(o) Section 16-25-65, statutory offense of criminal
domestic violence of a high and aggravated nature;
(p) Section 20-7-50, unlawful neglect of a child or a
helpless person by legal custodian;
(q) Section 20-7-60, ill-treating children, apprentices,
servants, incompetents or helpless persons;
(r) Section 20-7-70, cruelty to children;
(s) Section 20-7-80, abandonment of children;
(t) Section 20-7-1690(F), receipt or payment of
compensation for consent or relinquishment of a child for adoption;
(u) Section 20-7-3095, unlawful to commit certain offenses
within specified radius of a child day care facility;
(v) Section 44-53-445, distribution of a controlled
substance within proximity of school;
(w) Section 56-5-2947, child endangerment; or
(x) the common law crime of infanticide;
(7) a crime in which the victim, or one of the victims, was a
child; or
(8) a crime similar in nature to a crime enumerated in items 1
through 7 committed in another jurisdiction or in violation of
federal law.
(F) No facility may employ or engage the services of a
person who has been convicted of one of the crimes listed in this
section. A person who has been convicted of one of the crimes
listed in this section who applies for a license as an operator,
applies for employment with, is employed by, seeks to provide
caregiver services with, or is a caregiver at a facility is guilty of a
misdemeanor and, upon conviction, must be fined not more than
five thousand dollars or imprisoned not more than one year, or
both.
(G) Application forms for licenses issued under this
chapter by the department and application forms for employment
at an individual private child day care center or a group day care
home section must include, at the top of the form in
large bold type, a statement indicating that a person who has been
convicted of one of the crimes listed in this section who applies for
a license as an operator, applies for employment with, is
employed by, seeks to provide caregiver services with, or is a
caregiver at a facility is guilty of a misdemeanor and, upon
conviction, must be fined not more than five thousand dollars or
imprisoned not more than one year, or both.
(H)(G) A person applying for a license as an
operator under this section or seeking employment or seeking to
provide caregiver services at a facility licensed under this
section shall undergo a state fingerprint review to be conducted
by the State Law Enforcement Division to determine any state
criminal history and a fingerprint review to be conducted by the
Federal Bureau of Investigation to determine any other criminal
history. The fingerprint reviews required by this subsection are not
required upon each renewal unless the renewal coincides with
employment of a new operator, employee, or caregiver."
SECTION 3. Section 20-7-2740 of the 1976 Code is amended
to read:
"Section 20-7-2740. (A) Regular licenses may be renewed
upon application and approval. Notification of a child day care
center or group day care home regarding renewal is the
responsibility of the department.
(B) Application for renewal must be made on forms supplied by
the department in the manner it prescribes.
(C) Before renewing a license the department shall conduct an
investigation of the child day care center or group day care home.
If the results of the investigation verify that the provisions of this
subarticle and the applicable regulations promulgated by the
department are satisfied, the license must be renewed. The licensee
shall cooperate with the investigation and related inspections by
providing access to the physical plant, records, and staff. Failure to
comply with the regulations promulgated by the department within
the time period specified in this subarticle, if adequate notification
of deficiencies has been made, is a ground for revocation of the
license. The investigation and inspections may involve
consideration of any facts, conditions, or circumstances relevant to
the operation of the child day care center or group day care home.
(D) No license may be renewed for any operator who has been
convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses
Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in
this subsection committed in other jurisdictions or under federal
law.
(1) a violent crime, as defined in Section 16-1-60;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) a crime listed in Chapter 53 of Title 44, for which the
maximum term of imprisonment is five years or more;
(4) a felony classified in Section 16-1-10(A);
(5) a crime classified as exempt in Section 16-1-10(D), for
which the maximum term of imprisonment is twenty years or more;
(6) violating any of the following provisions:
(a) Section 16-3-85, homicide by child abuse;
(b) Section 16-3-654, criminal sexual conduct, third degree;
(c) Section 16-3-655, criminal sexual conduct with minors;
(d) Section 16-3-656, assault with intent to commit
criminal sexual conduct;
(e) Section 16-3-810, engaging a child for sexual
performance;
(f) Section 16-3-820, producing, directing or promoting
sexual performance by a child;
(g) Section 16-3-1060, the sale or purchase of child or
receipt of compensation for relinquishing custody of child for
adoption;
(h) Section 16-17-490, contributing to the delinquency of a
minor;
(i) Section 16-17-495, transporting a child under sixteen
years of age outside State with intent to violate a custody order;
(j) Section 16-17-500, supplying minors with tobacco or
cigarettes;
(k) Section 16-17-510, enticing an enrolled child from
attendance in public school;
(l) Section 16-23-30(c), the sale or delivery of a pistol to a
person under the age of twenty-one;
(m) Section 16-23-430, carrying weapons on school
property;
(n) Section 16-25-20, criminal domestic violence;
(o) Section 16-25-65, statutory offense of criminal
domestic violence of a high and aggravated nature;
(p) Section 20-7-50, unlawful neglect of a child or a
helpless person by legal custodian;
(q) Section 20-7-60, ill-treating children, apprentices,
servants, incompetents or helpless persons;
(r) Section 20-7-70, cruelty to children;
(s) Section 20-7-80, abandonment of children;
(t) Section 20-7-1690(F), receipt or payment of
compensation for consent or relinquishment of a child for adoption;
(u) Section 20-7-3095, unlawful to commit certain offenses
within specified radius of a child day care facility;
(v) Section 44-53-445, distribution of a controlled
substance within proximity of school;
(w) Section 56-5-2947, child endangerment; or
(x) the common law crime of infanticide;
(7) a crime in which the victim, or one of the victims, was a
child; or
(8) a crime similar in nature to a crime enumerated in items 1
through 7 committed in another jurisdiction or in violation of
federal law.
(E) Application forms for license renewals issued under this
chapter by the department for private child day care centers or
group day care homes section must include, at the top
of the form in large bold type, a statement indicating that a person
who has been convicted of one of the crimes listed in this section
who applies for a license renewal as operator, applies
for employment with, is employed by, seeks to provide caregiver
services with, or is a caregiver at a facility is guilty of a
misdemeanor and, upon conviction, must be fined not more than
five thousand dollars or imprisoned not more than one year, or
both.
(F) A licensee seeking license renewal under this section, its
employees, and its caregivers, who have not done so previously, on
the first renewal after June 30, 1995, or by June 30, 1996,
whichever is later, shall undergo a state fingerprint review to be
conducted by the State Law Enforcement Division to determine any
state criminal history and a fingerprint review to be conducted by
the Federal Bureau of Investigation to determine any other criminal
history.
(G) No facility may employ or engage the services of an
employee or caregiver who has been convicted of one of the crimes
listed in this section."
SECTION 4. Section 20-7-2800 of the 1976 Code is amended
to read:
"Section 20-7-2800. (A) Application for a statement of
standard conformity or approval must be made on forms supplied
by the department and in the manner it prescribes.
(B) Before issuing approval the department shall conduct an
investigation of the applicant and the proposed plan of care for
children and for operating a public child day care center or group
day care home. If the results of the investigation verify that the
provisions of the subarticle and the applicable regulations
promulgated by the department are satisfied, approval must be
issued. The applicant shall cooperate with the investigation and
inspections by providing access to the physical plant, records, and
staff. The investigation and related inspections may involve
consideration of any facts, conditions, or circumstances relevant to
the operation of the child day care center or group day care home,
including references and other information about the character and
quality of the personnel. If the child day care center or group day
care home fails to comply with the regulations promulgated by the
department within the time period specified in this subarticle, if
adequate notification regarding deficiencies has been given, the
appropriate public officials of the state and local government must
be notified.
(C) A person applying for approval under this section, who
will operate the facility, or seeking employment or seeking to
provide caregiver services at a facility licensed under this
section shall undergo a state fingerprint review to be conducted
by the State Law Enforcement Division to determine any state
criminal history and a fingerprint review to be conducted by the
Federal Bureau of Investigation to determine any other criminal
history. The fingerprint reviews required by this subsection are not
required upon each renewal unless the renewal coincides with
employment of a new operator, employee, or caregiver.
(D) No approval may be granted under this section if the person
applying for approval or the operator, an employee, or a caregiver
of the facility has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses
Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes in this
subsection committed in other jurisdictions or under federal
law.
(1) a violent crime, as defined in Section 16-1-60;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) a crime listed in Chapter 53 of Title 44, for which the
maximum term of imprisonment is five years or more;
(4) a felony classified in Section 16-1-10(A);
(5) a crime classified as exempt in Section 16-1-10(D), for
which the maximum term of imprisonment is twenty years or more;
(6) violating any of the following provisions:
(a) Section 16-3-85, homicide by child abuse;
(b) Section 16-3-654, criminal sexual conduct, third degree;
(c) Section 16-3-655, criminal sexual conduct with minors;
(d) Section 16-3-656, assault with intent to commit
criminal sexual conduct;
(e) Section 16-3-810, engaging a child for sexual
performance;
(f) Section 16-3-820, producing, directing or promoting
sexual performance by a child;
(g) Section 16-3-1060, the sale or purchase of child or
receipt of compensation for relinquishing custody of child for
adoption;
(h) Section 16-17-490, contributing to the delinquency of a
minor;
(i) Section 16-17-495, transporting a child under sixteen
years of age outside State with intent to violate a custody order;
(j) Section 16-17-500, supplying minors with tobacco or
cigarettes;
(k) Section 16-17-510, enticing an enrolled child from
attendance in public school;
(l) Section 16-23-30(c), the sale or delivery of a pistol to a
person under the age of twenty-one;
(m) Section 16-23-430, carrying weapons on school
property;
(n) Section 16-25-20, criminal domestic violence;
(o) Section 16-25-65, statutory offense of criminal
domestic violence of a high and aggravated nature;
(p) Section 20-7-50, unlawful neglect of a child or a
helpless person by legal custodian;
(q) Section 20-7-60, ill-treating children, apprentices,
servants, incompetents or helpless persons;
(r) Section 20-7-70, cruelty to children;
(s) Section 20-7-80, abandonment of children;
(t) Section 20-7-1690(F), receipt or payment of
compensation for consent or relinquishment of a child for adoption;
(u) Section 20-7-3095, unlawful to commit certain offenses
within specified radius of a child day care facility;
(v) Section 44-53-445, distribution of a controlled
substance within proximity of school;
(w) Section 56-5-2947, child endangerment; or
(x) the common law crime of infanticide;
(7) a crime in which the victim, or one of the victims, was a
child; or
(8) a crime similar in nature to a crime enumerated in items 1
through 7 committed in another jurisdiction or in violation of
federal law.
(E) No facility may employ or engage the services of an
operator, an employee, or a caregiver who has been convicted of
one of the crimes listed in this section. A person who has been
convicted of one of the crimes listed in this section who applies for
approval as an operator at, applies for employment with, is
employed by, seeks to provide caregiver services with, or is a
caregiver at a facility licensed under this section is guilty of a
misdemeanor and, upon conviction, must be fined not more than
five thousand dollars or imprisoned not more than one year, or
both.
(F) Application forms for a statement of standard
conformity or approval issued under this chapter by the
department and application forms for employment at individual
public child day care centers or group day care homes
section must include, at the top of the form in large bold
type, a statement indicating that a person who has been convicted of
one of the crimes listed in this section who applies for a license
as operator, applies for employment with, is employed by, seeks to
provide caregiver services with, or is a caregiver at a facility
approval is guilty of a misdemeanor and, upon conviction,
must be fined not more than five thousand dollars or imprisoned not
more than one year, or both."
SECTION 5. Section 20-7-2810 of the 1976 Code is amended
to read:
"Section 20-7-2810. (A) Regular approvals may be
renewed upon application and approval. Notification of a child day
care center or group day care home regarding renewal is the
responsibility of the department.
(B) Application for renewal must be made on forms supplied by
the department and in the manner it prescribes.
(C) Before renewing an approval the department shall conduct
an investigation of the child day care center or group day care
home. If the results of the investigation verify that the provisions of
this subarticle and the applicable regulations promulgated by the
department are satisfied, the approval must be renewed. The
operator shall cooperate with the investigation and related
inspections by providing access to the physical plant, records, and
staff. If the operator's statement of approval cannot be renewed, the
appropriate public officials must be notified.
(D) A person applying for approval renewal under this section, a
person who will operate the facility, and its employees and
caregivers, who have not done so previously, on the first approval
renewal after June 30, 1995, or by June 30, 1996, whichever is
later, shall undergo a state fingerprint review to be conducted by the
State Law Enforcement Division to determine any state criminal
history and a fingerprint review to be conducted by the Federal
Bureau of Investigation to determine any other criminal history.
(E) No approval may be granted renewed under
this section if the person applying for approval
renewal, the operator of the facility, or an employee or a
caregiver has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses
Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in
this subsection committed in other jurisdictions or under federal
law.
(1) a violent crime, as defined in Section 16-1-60;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) a crime listed in Chapter 53 of Title 44, for which the
maximum term of imprisonment is five years or more;
(4) a felony classified in Section 16-1-10(A);
(5) a crime classified as exempt in Section 16-1-10(D), for
which the maximum term of imprisonment is twenty years or more;
(6) violating any of the following provisions:
(a) Section 16-3-85, homicide by child abuse;
(b) Section 16-3-654, criminal sexual conduct, third degree;
(c) Section 16-3-655, criminal sexual conduct with minors;
(d) Section 16-3-656, assault with intent to commit
criminal sexual conduct;
(e) Section 16-3-810, engaging a child for sexual
performance;
(f) Section 16-3-820, producing, directing or promoting
sexual performance by a child;
(g) Section 16-3-1060, the sale or purchase of child or
receipt of compensation for relinquishing custody of child for
adoption;
(h) Section 16-17-490, contributing to the delinquency of a
minor;
(i) Section 16-17-495, transporting a child under sixteen
years of age outside State with intent to violate a custody order;
(j) Section 16-17-500, supplying minors with tobacco or
cigarettes;
(k) Section 16-17-510, enticing an enrolled child from
attendance in public school;
(l) Section 16-23-30(c), the sale or delivery of a pistol to a
person under the age of twenty-one;
(m) Section 16-23-430, carrying weapons on school
property;
(n) Section 16-25-20, criminal domestic violence;
(o) Section 16-25-65, statutory offense of criminal
domestic violence of a high and aggravated nature;
(p) Section 20-7-50, unlawful neglect of a child or a
helpless person by legal custodian;
(q) Section 20-7-60, ill-treating children, apprentices,
servants, incompetents or helpless persons;
(r) Section 20-7-70, cruelty to children;
(s) Section 20-7-80, abandonment of children;
(t) Section 20-7-1690(F), receipt or payment of
compensation for consent or relinquishment of a child for adoption;
(u) Section 20-7-3095, unlawful to commit certain offenses
within specified radius of a child day care facility;
(v) Section 44-53-445, distribution of a controlled
substance within proximity of school;
(w) Section 56-5-2947, child endangerment; or
(x) the common law crime of infanticide;
(7) a crime in which the victim, or one of the victims, was a
child; or
(8) a crime similar in nature to a crime enumerated in items 1
through 7 committed in another jurisdiction or in violation of
federal law.
(F) No facility may employ or engage the services of an
employee or a caregiver who has been convicted of one of the
crimes listed in this section.
(G) Application forms for renewal of a statement of
standard conformity or approval issued under this chapter by the
department for individual public child day care centers or group day
care homes section must include, at the top of the form
in large bold type, a statement indicating that a person who has
been convicted of one of the crimes listed in this section who
applies for a license as operator, applies for employment with, is
employed by, seeks to provide caregiver services with, or is a
caregiver at a facility approval renewal is guilty of a
misdemeanor and, upon conviction, must be fined not more than
five thousand dollars or imprisoned not more than one year, or
both."
SECTION 6. Section 20-7-2850 of the 1976 Code is amended
to read:
"Section 20-7-2850. (A) Registration must be completed
on forms supplied by the department and in the manner it
prescribes.
(B) Before becoming a registered operator the applicant shall:
(1) sign a statement that he has read the suggested standards
developed by the department under Section 20-7-2980;
(2) furnish the department with a signed statement by each
consumer parent verifying that the operator has provided each
consumer parent with a copy of the suggested standards for family
day care homes and the procedures for filing complaints;
(3) upon request, provide the department with any facts,
conditions, or circumstances relevant to the operation of the family
day care home, including references and other information
regarding the character of the family day care home operator.
(C) A person applying to become a registered operator of a
family day care home under this chapter or seeking employment
or seeking to provide caregiver services at a family day care home
registered under this chapter section shall undergo a
state fingerprint review to be conducted by the State Law
Enforcement Division to determine any state criminal history and a
fingerprint review to be conducted by the Federal Bureau of
Investigation to determine any other criminal history. The
fingerprint reviews required by this subsection are not required
upon each renewal unless the renewal coincides with
employment of a new operator, employee, or caregiver.
(D) No applicant may be registered as an operator if the
person, his employees, or his caregivers have applicant,
an employee, or a caregiver has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses
Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in
this subsection committed in other jurisdictions or under federal
law.
(1) a violent crime, as defined in Section 16-1-60;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) a crime listed in Chapter 53 of Title 44, for which the
maximum term of imprisonment is five years or more;
(4) a felony classified in Section 16-1-10(A);
(5) a crime classified as exempt in Section 16-1-10(D), for
which the maximum term of imprisonment is twenty years or more;
(6) violating any of the following provisions:
(a) Section 16-3-85, homicide by child abuse;
(b) Section 16-3-654, criminal sexual conduct, third degree;
(c) Section 16-3-655, criminal sexual conduct with minors;
(d) Section 16-3-656, assault with intent to commit
criminal sexual conduct;
(e) Section 16-3-810, engaging a child for sexual
performance;
(f) Section 16-3-820, producing, directing or promoting
sexual performance by a child;
(g) Section 16-3-1060, the sale or purchase of child or
receipt of compensation for relinquishing custody of child for
adoption;
(h) Section 16-17-490, contributing to the delinquency of a
minor;
(i) Section 16-17-495, transporting a child under sixteen
years of age outside State with intent to violate a custody order;
(j) Section 16-17-500, supplying minors with tobacco or
cigarettes;
(k) Section 16-17-510, enticing an enrolled child from
attendance in public school;
(l) Section 16-23-30(c), the sale or delivery of a pistol to a
person under the age of twenty-one;
(m) Section 16-23-430, carrying weapons on school
property;
(n) Section 16-25-20, criminal domestic violence;
(o) Section 16-25-65, statutory offense of criminal
domestic violence of a high and aggravated nature;
(p) Section 20-7-50, unlawful neglect of a child or a
helpless person by legal custodian;
(q) Section 20-7-60, ill-treating children, apprentices,
servants, incompetents or helpless persons;
(r) Section 20-7-70, cruelty to children;
(s) Section 20-7-80, abandonment of children;
(t) Section 20-7-1690(F), receipt or payment of
compensation for consent or relinquishment of a child for adoption;
(u) Section 20-7-3095, unlawful to commit certain offenses
within specified radius of a child day care facility;
(v) Section 44-53-445, distribution of a controlled
substance within proximity of school;
(w) Section 56-5-2947, child endangerment; or
(x) the common law crime of infanticide;
(7) a crime in which the victim, or one of the victims, was a
child; or
(8) a crime similar in nature to a crime enumerated in items 1
through 7 committed in another jurisdiction or in violation of
federal law.
(E) No family day care home may employ or engage the
services of an operator, an employee, or a caregiver who has been
convicted of one of the crimes listed in this section. A person who
has been convicted of one of the crimes listed in this section who
applies for approval as an operator at, applies for employment with,
is employed by, seeks to provide caregiver services with, or is a
caregiver at a facility registered under this section is guilty of a
misdemeanor and, upon conviction, must be fined not more than
five thousand dollars or imprisoned not more than one year, or
both.
(F) Application forms for registration issued under this
chapter by the department and application forms for employment
at a family day care home section must include, at the
top of the form in large bold type, a statement indicating that a
person who has been convicted of one of the crimes listed in this
section who applies for a license registration as
operator, applies for employment with, is employed by, seeks to
provide caregiver services with, or is a caregiver at a facility is
guilty of a misdemeanor and, upon conviction, must be fined not
more than five thousand dollars or imprisoned not more than one
year, or both."
SECTION 7. Section 20-7-2860 of the 1976 Code is amended
to read:
"Section 20-7-2860. (A) A statement of registration must
be issued when the family day care operator satisfactorily completes
the procedures prescribed by this subarticle. The current statement
must be displayed in a prominent place in the facility at all times.
(B) Registration expires at the end of one year from the date of
issuance of the statement of registration. Registration may be
renewed according to the procedures developed by the department.
(C) A person applying for renewal of registration as an operator
of a family day care home registered under this chapter and a
person employed or providing caregiver services at a family day
care home registered under this chapter, who has not done so
previously, on the first renewal after June 30, 1995, or by June 30,
1996, whichever is later, shall undergo a state fingerprint review to
be conducted by the State Law Enforcement Division to determine
any state criminal history and a fingerprint review to be conducted
by the Federal Bureau of Investigation to determine any other
criminal history.
(D) Application forms for registration renewal issued under this
chapter by the department for a family day care home
section must include, at the top of the form in large bold
type, a statement indicating that a person who has been convicted of
one of the crimes listed in this section who applies for a license as
operator, applies for employment with, is employed by, seeks to
provide caregiver services with, or is a caregiver at a facility is
guilty of a misdemeanor and, upon conviction, must be fined not
more than five thousand dollars or imprisoned not more than one
year, or both.
(E) The department may withdraw the statement of registration
if one or more of the following apply:
(1) The health and safety of the children require withdrawal.
(2) The facility has enrolled children beyond the limits
defined in this subarticle.
(3) The operator fails to comply with the registration
procedures provided in this subarticle."
SECTION 8. Section 20-7-2900 of the 1976 Code is amended
to read:
"Section 20-7-2900. (A) No church congregation or
established religious denomination or religious college or university
which does not receive state or federal financial assistance for day
care services may operate a child day care center or group day care
home unless it complies with the requirements for registration and
inspection and the regulations for health and fire safety as set forth
in Sections 20-7-2910 through 20-7-2970. Registration expires at
the end of one year from the date of issuance of the statement of
registration. Registration may be renewed according to the
procedures developed by the department.
(B) No license or registration may be issued to a church
congregation, established religious denomination, or religious
college or university if a person who provides service as an
operator, caregiver, or employee at the child care facility has been
convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses
Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in
this subsection committed in other jurisdictions or under federal
law.
(1) a violent crime, as defined in Section 16-1-60;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) a crime listed in Chapter 53 of Title 44, for which the
maximum term of imprisonment is five years or more;
(4) a felony classified in Section 16-1-10(A);
(5) a crime classified as exempt in Section 16-1-10(D), for
which the maximum term of imprisonment is twenty years or more;
(6) violating any of the following provisions:
(a) Section 16-3-85, homicide by child abuse;
(b) Section 16-3-654, criminal sexual conduct, third degree;
(c) Section 16-3-655, criminal sexual conduct with minors;
(d) Section 16-3-656, assault with intent to commit
criminal sexual conduct;
(e) Section 16-3-810, engaging a child for sexual
performance;
(f) Section 16-3-820, producing, directing or promoting
sexual performance by a child;
(g) Section 16-3-1060, the sale or purchase of child or
receipt of compensation for relinquishing custody of child for
adoption;
(h) Section 16-17-490, contributing to the delinquency of a
minor;
(i) Section 16-17-495, transporting a child under sixteen
years of age outside State with intent to violate a custody order;
(j) Section 16-17-500, supplying minors with tobacco or
cigarettes;
(k) Section 16-17-510, enticing an enrolled child from
attendance in public school;
(l) Section 16-23-30(c), the sale or delivery of a pistol to a
person under the age of twenty-one;
(m) Section 16-23-430, carrying weapons on school
property;
(n) Section 16-25-20, criminal domestic violence;
(o) Section 16-25-65, statutory offense of criminal
domestic violence of a high and aggravated nature;
(p) Section 20-7-50, unlawful neglect of a child or a
helpless person by legal custodian;
(q) Section 20-7-60, ill-treating children, apprentices,
servants, incompetents or helpless persons;
(r) Section 20-7-70, cruelty to children;
(s) Section 20-7-80, abandonment of children;
(t) Section 20-7-1690(F), receipt or payment of
compensation for consent or relinquishment of a child for adoption;
(u) Section 20-7-3095, unlawful to commit certain offenses
within specified radius of a child day care facility;
(v) Section 44-53-445, distribution of a controlled
substance within proximity of school;
(w) Section 56-5-2947, child endangerment; or
(x) the common law crime of infanticide;
(7) a crime in which the victim, or one of the victims, was a
child; or
(8) a crime similar in nature to a crime enumerated in items 1
through 7 committed in another jurisdiction or in violation of
federal law.
(C) No facility may employ or engage the services of an
operator or any person who has been convicted of one of the crimes
listed in this section.
(D) A person who has been convicted of one of the crimes listed
in this section who seeks to provide services as an operator, applies
for employment with, is employed by, seeks to provide caregiver
services with, or is a caregiver at a church or religious day care
center is guilty of a misdemeanor and, upon conviction, must be
fined not more than five thousand dollars or imprisoned not more
than one year, or both.
(E) Application forms for licensure or registration issued
under this chapter by the department and application forms for
employment at a church congregation, established religious
denomination, or religious college or university
subarticle must include, at the top of the form in large bold
type, a statement indicating that a person who has been convicted of
one of the crimes listed in this section who applies for a license
registration as operator, applies for employment with, is
employed by, seeks to provide caregiver services with, or is a
caregiver at a facility is guilty of a misdemeanor and, upon
conviction, must be fined not more than five thousand dollars or
imprisoned not more than one year, or both.
(F) (D) A person applying for a license or
registration as an operator of a church or religious day care center
or seeking employment or seeking to provide caregiver services
at a church or religious day care center shall undergo a state
fingerprint review to be conducted by the State Law Enforcement
Division to determine any state criminal history and a fingerprint
review to be conducted by the Federal Bureau of Investigation to
determine any other criminal history. The fingerprint reviews
required by this subsection are not required upon each renewal
unless the renewal coincides with employment of a new
operator, employee, or caregiver.
(G) (E) A person applying for renewal of a
license or registration as an operator of a church or religious day
care center licensed or registered under this chapter and a person
employed or registered under this chapter, who has not done so
previously, on the first renewal after June 30, 1995, or by June 30,
1996, whichever is later, shall undergo a state fingerprint review to
be conducted by the State Law Enforcement Division to determine
any state criminal history and a fingerprint review to be conducted
by the Federal Bureau of Investigation to determine any other
criminal history."
SECTION 9. The 1976 Code is amended by adding:
"Section 20-7-2905. The State Law Enforcement Division
may not impose a fee of more than twenty-five dollars to conduct a
state criminal history review as required by the provisions of this
subarticle.
(B) The State Law Enforcement Division shall provide the
applicant with two copies of the results of fingerprint reviews
conducted under this subarticle. An applicant may obtain additional
certified copies for a fee not to exceed five dollars per copy.
However, copies of fingerprint reviews conducted by the Federal
Bureau of Investigation may be obtained only if not prohibited by
federal law.
(C) Whenever more than one request for a criminal history
review required by this subarticle regarding the same person is
made prior to the completion of the first review requested on that
person, the multiple requests shall be treated as one request. No
fees may be assessed for any request beyond the first request.
However, the limitation on fees for the federal fingerprint review is
only applicable if not prohibited by federal law."
SECTION 10. Section 20-7-3095 of the 197 Code is amended to
read:
"Section 20-7-3095. It is a separate criminal offense, and a
felony, for a person to unlawfully commit any of the offenses listed
in Chapter 3 of Title 16, Offenses Against the Person, a crime listed
in Chapter 15 of Title 16, Offenses Against Morality and Decency,
or the crime of contributing to the delinquency of a minor
contained in Section 16-17-490 while within a radius of one
hundred yards of the grounds of a public or private child day care
facility. A person who commits this offense must, upon conviction,
be punished by a fine not to exceed ten thousand dollars or
imprisonment not to exceed ten years or both, in addition to any
other penalty imposed by law and not in lieu of any other
penalty."
SECTION 11. Notwithstanding Section 20-7-2725(D) of the 1976
Code, as added by Section 1 of this act, no employee of or person
providing caregiver services at a child day care center, group day
care home, family day care home, or church or religious day care
center is required to undergo a state fingerprint review conducted
by the State Law Enforcement Division or the Federal Bureau of
Investigation if the person continuously has been employed by or
providing caregiver services at the same facility for the two years
immediately preceding this act's effective date. However, when the
person is no longer employed by or providing caregiver services at
that facility, the person must comply with Section 20-7-2997(D).
SECTION 12. This act takes effect July 1, 1996.
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