H 3547 Session 117 (2007-2008) H 3547 General Bill, By D.C.Moss, Gambrell, Leach, Ballentine and Toole A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO INVESTIGATING CHILD ABUSE AND NEGLECT REPORTS, DETERMINING WHETHER SUCH REPORTS ARE FOUNDED OR UNFOUNDED, AND PLACING THE NAMES OF PERPETRATORS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY BY PROVIDING THAT IF THE COURT FINDS THAT A PERPETRATOR PHYSICALLY NEGLECTED, SEVERELY NEGLECTED, OR REPEATEDLY NEGLECTED A CHILD, THE PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY.
Indicates New Matter AMENDED--NOT PRINTED IN THE HOUSE Amt. No.1A (Doc. Path council\nbd\12400ac08) Amt. No.3A (Doc. Path council\swb\5599bb08) June 4, 2008 H. 3547
S. Printed 5/21/08--S. Read the first time May 8, 2007.
TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO INVESTIGATING CHILD ABUSE AND NEGLECT REPORTS, DETERMINING WHETHER SUCH REPORTS ARE FOUNDED OR UNFOUNDED, AND PLACING THE NAMES OF PERPETRATORS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY BY PROVIDING THAT IF THE COURT FINDS THAT A PERPETRATOR PHYSICALLY NEGLECTED, SEVERELY NEGLECTED, OR REPEATEDLY NEGLECTED A CHILD, THE PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY. Amend Title To Conform Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Subsections (L), (M), (N), and (O) of Section 20-7-650 of the 1976 Code are amended to read: "(L) 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's name be entered in the Central Registry of Child Abuse and Neglect if the court finds that there is a preponderance of evidence that the person severely physically abused,
(2) may, except as provided for in item (1), order that the person's name be entered in the Central Registry if the court finds by a preponderance of evidence (a) that the person abused or neglected the child in any manner, including the use of excessive corporal punishment, and (b) that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or
(M) At the probable cause hearing, the court may order that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection
(N) 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 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
(O) At a hearing pursuant to Section 20-7-736, SECTION 2. A. Section 20-7-650(J) through (V) of the 1976 Code, as last amended by Act 79 of 2005, is further amended to read:
"(J) Information concerning reports classified as unfounded contained in the statewide data system and records must be maintained by the department for not less than (1) a prosecutor, SLED, or law enforcement officer or agency, for purposes of investigation of a suspected false report pursuant to Section 20-7-567; (2) the department, SLED, or a law enforcement officer or agency, for the purpose of investigating allegations of abuse or neglect; (3) the department, SLED, or a law enforcement officer or agency, when information is received that allows the reopening of a Category III unfounded report pursuant to subsection (C);
(4) as evidence in a court proceeding, if admissible
(5) a person who is the subject of a report in an action brought by a prosecutor or by the department, if otherwise subject to discovery (6) the department, for program improvement, auditing, and statistical purposes; (7) as authorized in Section 20-7-695; and (8) the Department of Child Fatalities pursuant to Section 20-7-5930. (K) Except as authorized in this section, no person may disseminate or permit dissemination of information maintained pursuant to subsection (J). A person who disseminates or permits dissemination in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than one year, or both. A person aggrieved by an unlawful dissemination in violation of this subsection may bring a civil action to recover damages incurred as a result of the unlawful act and to enjoin its dissemination or use. (L) 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's name be entered in the Central Registry of Child Abuse and Neglect if the court finds that there is a preponderance of evidence that the person physically or sexually abused or wilfully or recklessly neglected the child. Placement on the Central Registry cannot be waived by any party or by the court. However, if the only form of physical abuse that is found by the court is excessive corporal punishment, the court only may order that the person's name be entered in the Central Registry if item (2) applies;
(2) may order, except as provided for in item (1),
(a) that the person abused or neglected the child in any manner, including the use of excessive corporal punishment (b) that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or wilful 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.
(M) At the probable cause hearing, the court may order that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection (N) 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 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 wilful 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 must serve a copy of the petition and summary on the person named as perpetrator. The petition must include a statement that the judge must 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 must 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.
(O)
(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; and (8) the telephone number and name of a department employee available to answer questions.
B. Section 20-7-680 of the 1976 Code, as last amended by Act 79 of 2005, 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
(C) The Department of Social Services must 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 (D) The Central Registry of Child Abuse and Neglect must not contain information from reports classified as unfounded. Other department records and databases must treat unfounded cases as provided for in Section 20-7-650. (E) The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes of persons named in department records of indicated cases other than the Central Registry of Child Abuse and Neglect must be destroyed seven years from the date services are terminated. This section does not prohibit the department from maintaining an 'indicated case' 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 a 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 (G) When a statute or regulation makes determination of a person's history of child abuse or neglect a condition for employment or volunteer service in a facility or other entity regulated by the department, the person must be screened against the Central Registry of Child Abuse and Neglect before employment or service in the volunteer role. The person must be screened each time the license, registration, or other operating approval of the facility or other entity is renewed. (H) When a statute or regulation makes determination of an applicant's history of child abuse or neglect, a condition for issuance of a license, registration, or other operating approval by the department, the applicant must be screened against the Central Registry of Child Abuse and Neglect before issuance of the initial license, registration, or other approval and each time the license, registration, or other operating approval is renewed. (I) Persons, agencies, or entities who are engaged in the care, supervision, or treatment of children shall obtain the results of a review of the Central Registry of Child Abuse and Neglect before hiring a potential employee. Neither this subsection nor subsection (J) alters the obligations of persons, agencies, or entities when a check for history of child abuse or neglect or a check of the Central Registry of Child Abuse and Neglect is a condition for employment, volunteer services, or issuance of a license or other permit to operate. (J) An employer who is required to check the Central Registry of Child Abuse and Neglect shall comply with all provisions of this section. (K) The department is authorized to charge a fee for reviewing the Central Registry of Child Abuse and Neglect in accordance with a fee schedule established in the annual Appropriations Act." C. Section 20-7-690(B)(10) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read: "(B)(10) family courts and juvenile arbitrators conducting proceedings pursuant to this article;" D. Section 20-7-655(G), as last amended by Act 325 of 2002, is further amended to read:
"(G) An appellant seeking judicial review shall file a petition in the family court within thirty days after the final decision of the department. The appellant shall serve a copy of the petition upon the department. The family court shall conduct a E. Article 5, Chapter 25, Title 59 of the 1976 Code is amended by adding: "Section 59-25-425. (A) Notwithstanding another provision of law, persons charged with hiring school district employees shall review the Central Registry of Child Abuse and Neglect before hiring a potential employee pursuant to Section 20-7-680. (B) The Department of Social Services is authorized to charge a fee for reviewing the Central Registry of Child Abuse and Neglect in accordance with a fee schedule established in the annual Appropriations Act." F. Section 20-7-50 of the 1976 Code is repealed. G. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. H. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. I. This section takes effect on January 1, 2009. SECTION 3. This act takes effect upon approval by the Governor.
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