S*1012 Session 109 (1991-1992)
S*1012(Rat #0534, Act #0448 of 1992) General Bill, By McConnell
A Bill to amend Section 20-7-490, as amended, Code of Laws of South Carolina,
1976, relating to definitions pertaining to abused and neglected children, so
as to define "child protective services", "affirmative determination", and
"court"; to amend Section 20-7-650, as amended, relating to the duties of
local child protective agencies, so as to provide for reports of child abuse
and neglect to be entered immediately into the automated statewide central
registry of child abuse and neglect and maintained in agency files in one of
four categories, include affirmative determination as a category, provide for
indicated reports to be converted to that category, delete the references to
local registries, provide for maintenance of affirmative determinations,
provide for use, disclosure, and destruction of information in unfounded and
affirmative determinations reports; change the reference to care to welfare;
provide for the agencies' responsibility where the facts indicating abuse or
neglect appear to indicate a violation of criminal law; to amend Section
20-7-680, relating to the central registry for abused and neglected children,
so as to change the reference to care to welfare and revise the requirements
for maintenance and classification of abuse and neglect reports, provide for
local child protective service agencies to transmit immediately data required
by the Department of Social Services, provide requirements for information in
unfounded reports and affirmative determinations; to amend the 1976 Code by
adding Section 20-7-655 so as to provide for a child protective services
appeals process for review of indicated reports not otherwise being brought
before the family court for disposition and for judicial review; and to amend
Section 20-7-690, as amended, relating to the confidentiality of abuse and
neglect reports and records, so as to require that reports made available must
indicate if an appeal is pending.-amended title
05/27/91 Senate Introduced and read first time SJ-4
05/27/91 Senate Referred to Committee on Judiciary SJ-4
04/01/92 Senate Committee report: Favorable with amendment
Judiciary SJ-7
04/08/92 Senate Amended SJ-44
04/08/92 Senate Read second time SJ-52
04/30/92 Senate Amended SJ-31
04/30/92 Senate Read third time and sent to House SJ-33
05/05/92 House Introduced and read first time HJ-11
05/05/92 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-12
05/12/92 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-6
05/20/92 House Objection by Rep. Haskins, Rama, Felder,
Clyborne, Vaughn, Rogers, HJ-105
05/20/92 House Objection by Rep. McElveen, Koon & McLeod HJ-105
05/21/92 House Objection withdrawn by Rep. Felder, Haskins,
Clyborne & Rama HJ-53
05/21/92 House Objection by Rep. Tucker HJ-53
05/21/92 House Objection withdrawn by Rep. Vaughn & Koon HJ-55
05/21/92 House Objection by Rep. Delleney & Scott HJ-55
06/02/92 House Objection withdrawn by Rep. Delleney, McElveen,
McLeod & Tucker HJ-50
06/02/92 House Objection withdrawn by Rep. Rogers HJ-54
06/03/92 House Amended HJ-52
06/03/92 House Read second time HJ-52
06/04/92 House Read third time and returned to Senate with
amendments HJ-21
06/04/92 Senate Concurred in House amendment and enrolled SJ-118
06/04/92 Ratified R 534
07/01/92 Signed By Governor
07/01/92 Effective date 01/01/93
07/01/92 Act No. 448
07/01/92 See act for exception to or explanation of
effective date
07/15/92 Copies available
(A448, R534, S1012)
AN ACT TO AMEND SECTION 20-7-490, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO DEFINITIONS PERTAINING TO ABUSED AND
NEGLECTED CHILDREN, SO AS TO DEFINE "CHILD
PROTECTIVE SERVICES", "AFFIRMATIVE
DETERMINATION", AND "COURT"; TO
AMEND SECTION 20-7-650, AS AMENDED, RELATING TO
THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES,
SO AS TO PROVIDE FOR REPORTS OF CHILD ABUSE AND
NEGLECT TO BE ENTERED IMMEDIATELY INTO THE
AUTOMATED STATEWIDE CENTRAL REGISTRY OF
CHILD ABUSE AND NEGLECT AND MAINTAINED IN
AGENCY FILES IN ONE OF FOUR CATEGORIES, INCLUDE
AFFIRMATIVE DETERMINATION AS A CATEGORY,
PROVIDE FOR INDICATED REPORTS TO BE CONVERTED
TO THAT CATEGORY, DELETE THE REFERENCES TO
LOCAL REGISTRIES, PROVIDE FOR MAINTENANCE OF
AFFIRMATIVE DETERMINATIONS, PROVIDE FOR USE,
DISCLOSURE, AND DESTRUCTION OF INFORMATION IN
UNFOUNDED AND AFFIRMATIVE DETERMINATIONS
REPORTS, CHANGE THE REFERENCE TO CARE TO
WELFARE AND PROVIDE FOR THE AGENCIES'
RESPONSIBILITY WHERE THE FACTS INDICATING
ABUSE OR NEGLECT APPEAR TO INDICATE A
VIOLATION OF CRIMINAL LAW; TO AMEND SECTION
20-7-680, RELATING TO THE CENTRAL REGISTRY FOR
ABUSED AND NEGLECTED CHILDREN, SO AS TO
CHANGE THE REFERENCE TO CARE TO WELFARE,
REVISE THE REQUIREMENTS FOR MAINTENANCE AND
CLASSIFICATION OF ABUSE AND NEGLECT REPORTS,
PROVIDE FOR LOCAL CHILD PROTECTIVE SERVICE
AGENCIES TO TRANSMIT IMMEDIATELY DATA
REQUIRED BY THE DEPARTMENT OF SOCIAL SERVICES,
AND PROVIDE REQUIREMENTS FOR INFORMATION IN
UNFOUNDED REPORTS AND AFFIRMATIVE
DETERMINATIONS; TO AMEND THE 1976 CODE BY
ADDING SECTION 20-7-655 SO AS TO PROVIDE FOR A
CHILD PROTECTIVE SERVICES APPEALS PROCESS FOR
REVIEW OF INDICATED REPORTS NOT OTHERWISE
BEING BROUGHT BEFORE THE FAMILY COURT FOR
DISPOSITION AND FOR JUDICIAL REVIEW; AND TO
AMEND SECTION 20-7-690, AS AMENDED, RELATING TO
THE CONFIDENTIALITY OF ABUSE AND NEGLECT
REPORTS AND RECORDS, SO AS TO REQUIRE THAT
REPORTS MADE AVAILABLE MUST INDICATE IF AN
APPEAL IS PENDING.
Be it enacted by the General Assembly of the State of South
Carolina:
Definitions
SECTION 1. Section 20-7-490 of the 1976 Code, as last
amended by Act 542 of 1990, is further amended by adding
appropriately numbered items to read:
"( ) `Child Protective Services' means assistance
provided by the local child protective services agency as a result
of indicated reports or affirmative determinations of child abuse
or neglect, including assistance ordered by the family court or
consented to by the family. The objectives of child protective
services are:
(1) to protect the child's safety and welfare, and
(2) to maintain the child within the family unless the
safety of the child requires placement outside the
home.
( ) `Affirmative determination' means a finding that more likely
than not the child was abused or neglected by the person who is
alleged or determined to have abused or neglected the child and
who is mentioned by name in a report or finding. This finding
may be made only by:
(1) the court;
(2) the Department of Social Services upon a final agency
decision in its appeals process; or
(3) waiver by the subject of the report of his right to
appeal.
If an affirmative determination is made by the court after an
affirmative determination is made by the Department of Social
Services, the court's finding shall be the affirmative
determination.
( ) `Court' means the family court."
Requirements for reports of child abuse and neglect
SECTION 2. Section 20-7-650 of the 1976 Code, as last
amended by Act 328 of 1990, is further amended to read:
"Section 20-7-650. (A) It is the purpose of this section
to encourage the voluntary acceptance of service offered by the
child protective service agency in connection with child abuse and
neglect or another problem of a nature affecting the stability of
family life.
(B) The local child protective service agencies must be staffed
adequately with persons trained in the investigation of suspected
child abuse and neglect and in the provision of services to abused
and neglected children and their families.
(C) Within twenty-four hours of the receipt of a report of
suspected child abuse or neglect, the agency must begin an
appropriate and thorough investigation to determine whether a
report of suspected child abuse or neglect is `indicated' or
`unfounded'. The finding must be made no later than sixty days
from the receipt of the report. In conducting the investigation, if
the facts so warrant, the agency investigator may petition the
family court of the appropriate judicial circuit for a warrant to
inspect the premises and condition of the child subject of the
report. The family court shall issue the inspection warrant upon
probable cause to believe the child is abused or neglected, as
defined by this article.
(D) Indicated findings must be based upon a finding of the
facts available to the agency that abuse or neglect is more likely
than not to have occurred. Whenever the facts available to the
agency indicate a lesser finding, determinations must be deemed
`unfounded'. Indicated findings must include a description of the
services being provided the child and those responsible for his
welfare, as well as all relevant dispositional information.
(E) Reports of child abuse and neglect must be entered
immediately into the automated statewide Central Registry of
Child Abuse and Neglect. Reports of child abuse and neglect
must be entered into the registry and maintained in the agency
files in one of four categories: Suspected, Unfounded, Indicated,
or Affirmative Determination. All initial reports must be deemed
suspected. Reports of suspected child abuse and neglect must be
maintained for no more than sixty days after the report was
received by the agency. On or before the expiration of that time,
they 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 maintained by the agency
only when accompanied by supplemental information as required
under subsection (D).
(2) Unfounded reports must be classified `Unfounded by
reason of insufficient evidence'.
(3) If no finding has been made by the agency after sixty
days from the date a report was received, the report must be
classified `Unfounded for want of an investigation'.
(4) Affirmative determinations may be maintained by the
agency only when accompanied by a description of the services
being provided the child and those responsible for his welfare, as
well as all relevant dispositional information.
(F) The names, addresses, and all other identifying
characteristics of persons named in all unfounded reports
maintained in agency files may be used only for auditing and
statistical purposes. All identifying information contained in
unfounded reports 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; provided, however, that all
information in any such report which is unnecessary for auditing
and statistical purposes must be destroyed immediately upon a
determination that such report is unfounded and the remaining
information must be kept strictly confidential except for 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.
(G) 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 of 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 by Section
20-7-690(E) 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 agency's files. This
provision does not prohibit the agency 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 as defined by Section 20-7-690(E) or providing child
protective services to the child who is the subject of the indicated
report and those responsible for his welfare.
(H) A family court order resulting from proceedings initiated
by the agency pursuant to Section 20-7-650(J) and Section
20-7-736 must include a judicial determination for inclusion in the
statewide Central Registry of whether or not the subject of the
report more likely than not abused or neglected the child.
(I) The local child protective service agency shall be 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 such children.
`Services' shall not be construed to include emergency protective
custody provided for in Section 20-7-736.
(J) Where the agency initiates protective services in cases of
indicated physical, mental, or sexual abuse, it shall petition the
family court of the jurisdiction of the services offered within one
week after the initiation of the services. The family court shall
schedule a hearing within forty days after the filing of the petition
to determine whether:
(1) the agency had reasonable cause to initiate the
services offered;
(2) the services being offered are reasonable in light of
the agency's justification for intervention.
In all proceedings under this section the agency has the burden
of proof by a preponderance of the evidence, except in cases
where the agency has alleged mental injury, in which case the
evidence must be clear and convincing.
(K) In cases where a report has been filed with the Central
Registry of Child Abuse and Neglect, as required by subsection
(E), the outcome of any further proceedings must be entered
immediately by the agency into the Central Registry of Child
Abuse and Neglect.
(L) After the initiation of protective services by the agency, if
those receiving services indicate a refusal to cooperate, the agency
shall withdraw. If the facts so warrant, the agency may petition
the family court to invoke the jurisdiction of the court under the
Family Court Act to intervene, but the agency may not threaten
action to coerce participation.
(M) The agency shall cooperate with law enforcement
agencies and the circuit solicitor within the area it serves and
establish procedures necessary to facilitate the referral of child
protection cases to the child protective services agency. Where
the facts indicating abuse or neglect also appear to indicate a
violation of criminal law, the agency shall notify the appropriate
law enforcement agency of those facts within twenty-four hours of
the agency'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 agency of such finding. When the intake
report is of alleged sexual abuse, the agency 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.
(N) The agency actively shall 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.
(O) The local child protective service agency situated in
the county of the mother's legal residence shall 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 child protective
service agency is the responsibility of the agency or institution
with custody of the mother.
(P) The agency in all instances shall act in accordance with
the policies, procedures, and regulations promulgated and
distributed by the State Department of Social Services pursuant to
this chapter."
Requirements for reports of child abuse and neglect
SECTION 3. Section 20-7-680 of the 1976 Code is 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.
(B) The State Department of Social Services shall maintain a
Central Registry of Child Abuse and Neglect within the
Department of Social Services child protective services unit. The
registry shall receive and maintain reports of child abuse and
neglect from local child protective service agencies, and it shall
release information to persons and agencies only as authorized by
Section 20-7-690. Reports of child abuse and neglect must be
maintained on the registry in one of four categories: Suspected,
Unfounded, Indicated, or Affirmative Determination. All initial
reports shall be deemed suspected. Reports of suspected child
abuse and neglect must be maintained on the registry for no more
than sixty days after the report was received by the agency. On or
before the expiration of that time, they 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 and affirmative determinations may
be maintained on the Central Registry of Child Abuse and Neglect
only when accompanied by a description of the services being
provided the child and those responsible for his welfare, as well as
all relevant dispositional information.
(2) Unfounded reports must be classified `Unfounded by
reason of insufficient evidence'.
(3) If no finding has been made by the agency after sixty
days from the date a report was received, the report must be
classified `Unfounded for want of an investigation'.
(C) Local child protective service agencies shall transmit
immediately any data required by the Department of Social
Services for purposes of statistical analysis and data gathering,
subject to the limitations imposed on identifying characteristics
contained in subsections (F) and (G) of Section 20-7-650.
(D) 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 such harm, and any other data
deemed instructive.
(E) The names, addresses, birth dates, identifying
characteristics, and other information of persons named in
unfounded reports maintained on the registry must be destroyed
immediately upon a determination that such report is
unfounded.
(F) Upon an affirmative determination, the names, addresses,
birth dates, identifying characteristics, and other information of
persons named in indicated reports 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
of persons named in affirmative determinations of child abuse or
neglect 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 by Section
20-7-690(E) 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 registry. This
provision does not prohibit the registry 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 as defined by Section 20-7-690(E), nor does it prohibit the
agency from providing child protective services to the child who
is the subject of an indicated report and those responsible for his
welfare."
Appeals process
SECTION 4. Chapter 7, Title 20 of the 1976 Code is amended
by adding:
"Section 20-7-655. (A) The Department of Social
Services shall provide a child protective services appeals process
for review of indicated reports not otherwise being brought before
the family court for disposition. The appeals hearing shall be
scheduled and conducted in accordance with the department's fair
hearing regulations.
(B) The commissioner shall appoint a child protective services
appeals committee for each case decision which is appealed. The
committee must be comprised of three officials or employees of
the Department of Social Services, none of whom may be a
resident of or employed by the local child protective services
agency in the county where the case originates or a member of the
investigative unit which investigated the case if the case decision
being appealed involves institutional abuse.
(C) If the case decision indicates child abuse or neglect, the
local child protective services agency must provide notice of the
case decision to the subject of the report by certified mail. This
notice must include the information required by Section
20-7-690(D). The notice must inform the subject of the report of
the right to appeal the case decision and that, if he intends to
appeal the decision, he must notify the local child protection
agency of his intent in writing within thirty days of receipt of the
notice. If the subject of the report does not notify the local child
protective services agency of his intent to appeal in writing within
thirty days of receipt of the notice, the right to appeal shall be
considered waived by the subject and the case decision shall
become the affirmative determination.
(D) Within fourteen days after receipt of a notice of intent to
appeal, an interim review of case documentation and the case
determination shall be conducted by the director of the local child
protective services agency. The local review shall not delay the
scheduling of the appeals hearing. If the local review supports the
case determination, appeals must be considered by the child
protective services appeals committee.
(E) The child protective services appeals committee shall
determine whether or not the case determination is supported by
evidence that the subject of the report more likely than not abused
or neglected the child. If the appeals committee affirms the case
determination, the subject has the right to judicial review in the
family court of the jurisdiction in which the case originated.
(F) Proceedings for judicial review may be instituted by filing
a petition in the family court within thirty days after the final
decision of the agency. Copies of the petition must be served
upon the agency and all parties of record. Judicial review must be
conducted by the family court in accordance with the standards of
review provided for in Section 1-23-380. The court may enter
judgment upon the pleadings and a certified transcript of the
record which must include the evidence upon which the findings
and decisions appealed are based. The judgment must include a
determination of whether the subject of the report more likely than
not abused or neglected the child.
(G) Upon a determination by the local review, the appeals
committee, or the court that more likely than not the subject of the
report 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 agency's files and from the
Central Registry of Child Abuse and Neglect. This provision does
not prohibit the agency or the registry 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, nor does it prohibit the agency from providing child
protective services to the child who is the subject of an indicated
report and those responsible for his welfare.
(H) When the appeals procedure is used for institutional abuse
cases investigated by the Department of Social Services, the
investigative unit of the Department of Social Services shall be
substituted for the local child protective services agency for
purposes of all notices and the case documentation review.
(I) For the purpose of this section, `the subject of the report'
means any person who is alleged or determined to have abused or
neglected the child who is mentioned by name in a report of
finding."
Indication of appeal on reports
SECTION 5. Section 20-7-690 of the 1976 Code, as last
amended by Act 441 of 1988, is further amended by adding an
appropriately lettered subsection to read:
"( ) All reports made available to persons pursuant to
this section must indicate whether or not an appeal is pending on
the report pursuant to Section 20-7-655."
Time effective
SECTION 6. This act takes effect six months after approval by
the Governor.
Approved the 1st day of July, 1992. |