S 1 Session 109 (1991-1992)
S 0001 General Bill, By N.W. Smith
A Bill to amend Subarticle 11, Article 13, Chapter 7, Title 20, as amended,
Code of Laws of South Carolina, 1976, relating to child day care facilities,
so as to revise the regulations of and standards for the facilities; to amend
Section 16-1-10, as amended, relating to the crimes classified as felonies, so
as to include the felony offenses provided for in this Act; and to provide for
appointments to the Board.
09/10/90 Senate Prefiled
09/10/90 Senate Referred to Committee on Medical Affairs
01/08/91 Senate Introduced and read first time SJ-25
01/08/91 Senate Referred to Committee on Medical Affairs SJ-25
A BILL
TO AMEND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE
20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO CHILD DAY CARE FACILITIES, SO AS TO
REVISE THE REGULATION OF AND STANDARDS FOR THE
FACILITIES; TO AMEND SECTION 16-1-10, AS AMENDED,
RELATING TO THE CRIMES CLASSIFIED AS FELONIES, SO AS
TO INCLUDE THE FELONY OFFENSES PROVIDED FOR IN THIS
ACT; AND TO PROVIDE FOR APPOINTMENTS TO THE BOARD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Subarticle 11, Article 13, Chapter 7, Title 20 of the
1976 Code, as last amended by Act 368 of 1990, is further amended to
read:
"Subarticle 11
Child Day Care Facilities
Section 20-7-2700. For the purpose of this subarticle:
a. "Child day care" means the care, supervision or
guidance of a child or children, unaccompanied by the parent, guardian
or custodian, on a regular basis, for periods of less than twenty-four
hours per day, but more than four hours, in a place other than the child's
or the children's own home or homes.
b. "Child day care facilities" means any facility which
provides care, supervision or guidance for any minor child who is not
related by blood, marriage or adoption to the owner or operator of such
a facility whether or not the facility is operated for profit and whether or
not the facility makes a charge for services offered by it. This definition
includes, but is not limited to, day nurseries, nursery schools, day care
centers, group day care homes and family day care homes. The term
does not include (1) any educational facility, whether private or public,
which operates solely for educational purposes in grades one or above;
(2) five-year-old kindergarten programs operated by public school
systems; (3) kindergartens or nursery schools or other daytime programs,
with or without stated educational purposes, operating no more than four
hours a day and receiving children younger than lawful school age; (4)
kindergartens or nursery schools or other daytime programs operated as
part of a private school and receiving children younger than lawful
school age for four hours a day or less, with or without stated
educational purposes; (5) facilities operated for more than four hours a
day in connection with a shopping center or service or other similar
facility, where the same children are cared for less than four hours a day
and not on a regular basis as defined in this subarticle while parents or
custodians of the children are occupied on the premises or are in the
immediate vicinity and immediately available; provided, however, that
such facilities meet local fire and sanitation requirements; (6) summer
resident or day camps for children; (7) Bible schools normally conducted
during vacation periods; (8) facilities for the mentally retarded provided
for in Article 3 of Chapter 21 of Title 44; (9) facilities for the mentally
ill as provided for in S 44-17-10 of the 1976 Code; (10) child day care
centers and group day care homes owned and operated by a local church
congregation or an established religious denomination or a religious
college or university which does not receive state or federal financial
assistance for day care services; provided, however, that such facilities
must comply with the provisions of SS 20-7-2900 through 20-7-2970
and provided, further, that they may voluntarily elect to become licensed
according to the process as set forth in SS 20-7-2700 through 20-7-2780
and SS 20-7-2980 through 20-7-3090.
c. "Public child day care facility" means a facility as
defined under item b of this section which was created and exists by act
of the State, or a county, city or other political subdivision, whose
operation remains under the tutelage and control of a governmental
agency.
d. "Private child day care facility" means a facility as
defined under item b of this section which is not a public child day care
facility, and which is able to be further classified as follows:
(1) "Entrepreneural child day care facility" means a
facility whose day care operator may receive public assistance funds
directly or indirectly but which is managed as a profit-making business
enterprise and whose corporation or private ownership is liable for
payment of federal and state income taxes on profits earned by the
facility.
(2) "Nonprofit child day care facility" means a facility
whose child day care operator may receive public assistance funds
directly or indirectly but which is operated under the tutelage and
control of a nonprofit or eleemosynary corporation, foundation,
association or other organization whose ownership may or may not be
liable for payment of federal and state income taxes on profits earned by
the facility.
e. "Child day care center" means any facility which
regularly receives thirteen or more children for day care.
f. "Group day care home" means any facility, generally
within a dwelling unit, which regularly provides child day care for at
least seven but not more than twelve children, unattended by a parent or
a legal guardian, including those children living in the home and
children received for day care who are related to the resident caregiver.
Provided, however, that an occupied residence in which child day care
is regularly provided only for a child or children related to the resident
caregiver, or only for the child or children of one unrelated family, or
only for a combination of such children is not a group day care home.
g. "Family day care home" means an occupied residence
in which child day care is regularly provided for no more than six
children, unattended by a parent or legal guardian, including those
children living in the home and children received for day care who are
related to the resident caregiver. Provided, however, that an occupied
residence in which child day care is regularly provided only for a child
or children related to the resident caregiver, or only for the child or
children of one unrelated family, or only for a combination of such
children is not a family day care home.
h. "Child day care operator" means the person,
corporation, partnership, voluntary association or other public or private
organization ultimately responsible for the overall operation of a child
day care facility.
i. "Caregiver" means any person whose duties include
direct care, supervision and guidance of children in a child day care
facility.
j. "Minor child" means a person who has not reached
the eighteenth birthday.
k. "Department" means the State Department of Social
Services, the agency designated to administer the regulation of child day
care facilities under subarticle, with the advice of the State Advisory
Committee on the Regulation of Child Day Care Facilities.
l. "Committee" means the State Advisory Committee on
the Regulation of Child Day Care Facilities, named under this subarticle
to advise the department on regulatory matters related to child day care
facilities.
m. "Commissioner" means the administrative head of
the department.
n. "Regularly, or on a regular basis": these terms refer
to the frequency with which child day care services are available and
provided at a facility in any one week; these terms mean the availability
and provision of periods of day care on more than two days in such
week.
o. "Related" means any of the following relationships
by marriage, blood or adoption: parent, grandparent, brother, sister,
stepparent, stepsister, stepbrother, uncle, aunt, cousin of the first degree.
p. "Regular license" means a license issued by the
department for a two-year period to an operator of a private child day
care center or group day care home showing that the licensee is in
compliance with all provisions of this subarticle and the regulations of
the department at the time of issuance and authorizing the licensee to
operate in accordance with the provisions of the license, this subarticle
and the regulations of the department.
q. "Provisional license" means a license issued by the
department to an operator of a private child day care center or group day
care home authorizing the licensee to begin operations although the
licensee is temporarily unable to comply with all of the requirements for
a license.
r. "Regular approval" means a written notice issued by
the department for a two-year period to a department, agency or
institution of the State, or a county, city or other political subdivision,
approving the operation of a public child day care center or group day
care home in accordance with the provisions of the notice, this subarticle
and the regulations of the department.
s. "Provisional approval" means a written notice issued
by the department to a department, agency or institution of the State, or
a county, city or other political subdivision approving the
commencement the operations of a public child day care center or group
day care home although the operator is temporarily unable to comply
with all of the requirements for approval.
t. "Registration" means the process whereby child day
care centers and group day care homes owned and operated by a church
or a publicly recognized religious educational or religious charitable
institution are regulated under this subarticle and the process whereby
all family day care homes are regulated under this subarticle.
u. "Declaratory order" means a written statement on the
part of the department approving plans for construction or renovation
insuring against the imposition of more stringent regulations at a later
date.
v. "Renewal" means in regard to child day care centers
and group day care homes, to grant an extension of a regular license or
regular approval for another two-year period provided an investigation
of such facilities verifies that they are in compliance with the applicable
regulations; in regard to family day care homes, to place the name of the
operator on the registration list for another year provided procedures
indicated in this subarticle have been completed.
w. "Revocation" means to void the regular license of a
child day care center or group day care home.
x. "Deficiency correction notice" means a written
statement on the part of the department notifying a child day care facility
which is not complying with any applicable regulations to correct the
deficiencies stated in the notice within a reasonable time limit.
y. "Complaint" means a written statement reporting
unsatisfactory conditions in a child day care facility.
z. "Curriculum" means and includes design of courses,
teaching philosophy, methods and activities.
Section 20-7-2710. a. The intent of this subarticle is to define the
regulatory duties of government necessary to safeguard children in care
in places other than their own homes, insuring for them minimum levels
of protection and supervision. Toward that end, it is the purpose of this
subarticle to establish statewide minimum regulations for the care and
protection of children in child day care facilities, to insure maintenance
of these regulations and to approve administration and enforcement to
regulate conditions in such facilities. It shall be the policy of the State
to insure protection of children under care in child day care facilities,
and to encourage the improvement of child day care programs.
b. It is the further intent of this subarticle that the freedom of
religion of all citizens shall be inviolate. Nothing in this subarticle shall
give any governmental agency jurisdiction or authority to regulate,
supervise or in any way be involved in any Sunday school, Sabbath
school, religious services or any nursery service or other program
conducted during religious or church services primarily for the
convenience of those attending such services.
c. Nothing in this subarticle shall create authority for the
Department of Social Services to influence or regulate the curriculum of
child day care facilities.
Section 20-7-2720. No person, corporation, partnership, voluntary
association or other organization may operate a private child day care
center or group day care home unless licensed to do so by the
department.
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, provided that 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 shall
result in the granting of a provisional license.
No license may be issued to an operator who has been convicted of
a crime 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, and for the crime of contributing to the delinquency of a
minor, contained in Section 16-17-490. No facility may employ or
engage the services of a caregiver who has been convicted of one of the
crimes listed in this paragraph. A person who has been convicted of one
of the crimes listed in this paragraph who applies for employment with,
or is employed by, a facility is guilty of a misdemeanor and, upon
conviction, must be punished by a fine not exceeding five thousand
dollars or imprisonment not exceeding one year, or both. The State
Department of Social Services may charge the licensee a fee for the cost
of obtaining criminal history conviction records from the South Carolina
Law Enforcement Division.
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 shall be the responsibility of the
department.
b. Application for renewal shall 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 shall 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 provided 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.
No license may be renewed for any operator who has been
convicted of any crime listed in Chapter 3 of Title 16, Offenses Against
the Person, any crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency, and for the crime of contributing to the
delinquency of a minor, contained in S 16-17-490. No facility may
employ or engage the services of a caregiver who has been convicted of
one of the crimes listed in this paragraph. The State Department of
Social Services may charge the licensee a fee for the cost of attaining
criminal history conviction records from the South Carolina
Law-Enforcement Division.
Section 20-7-2750. Whenever the department finds upon
inspection that a private child day care center or group day care home is
not complying with any applicable licensing regulations, the department
shall notify the operator to correct such deficiencies.
a. Every correction notice shall be in writing and shall include a
statement of the deficiencies found, the period within which the
deficiencies must be corrected and the provision of the subarticle and
regulations relied upon. The period shall be reasonable and, except when
the department finds an emergency dangerous to the health or safety of
children, not less than thirty days from the receipt of such notice.
b. Within two weeks of receipt of such notice, the operator of the
facility may file a written request with the department for administrative
reconsideration of the notice or any portion thereof.
c. The department shall grant or deny a written request within seven
days of filing and shall notify the operator of such grant or denial.
d. In the event that the operator of the facility fails to correct
deficiencies within the period prescribed, the department may revoke the
license.
Section 20-7-2760. a. An applicant who has been denied a license
by the department shall be given prompt written notice by certified or
registered mail. The notice shall indicate the reasons for the proposed
action and shall inform the applicant of the right to appeal the decision
to the commissioner in writing within thirty days after the receipt of
notice of denial. Upon receiving a written appeal the commissioner shall
give the applicant reasonable notice and an opportunity for a prompt
hearing before a hearing examiner appointed by the Board of the South
Carolina Department of Social Services. On the basis of the evidence
adduced at the hearing, the commissioner shall make the final decision
of the department as to whether the application shall be denied. If no
written appeal is made, the application shall be denied as of the
termination of the thirty-day period.
b. A licensee whose application for renewal is denied or whose
license is about to be revoked shall be given written notice by certified
or registered mail. The notice shall contain the reasons for the proposed
action and shall inform the licensee of the right to appeal the decision to
the commissioner in writing within thirty calendar days after the receipt
of the notice. Upon receiving a written appeal the commissioner shall
give the licensee reasonable notice and an opportunity for a prompt
hearing before a hearing examiner appointed by the Board of the South
Carolina Department of Social Services. On the basis of the evidence
adduced at the hearing, the commissioner shall make the final decision
of the department as to whether the license shall be denied or revoked.
If no written appeal is made, the license shall be denied or revoked as of
the termination of the thirty-day period.
c. At the hearing provided for in this section, the applicant or
licensee may be represented by counsel and has the right to call,
examine and cross-examine witnesses and to otherwise introduce
evidence. Parents appearing at the hearing may also be represented by
counsel. The hearing examiner is empowered to require the presence of
witnesses and evidence by subpoena on behalf of the appellant or
department. The final decision of the department shall be in writing,
shall contain the department's findings of fact and rulings of law and
shall be mailed to the parties to the proceedings by certified or registered
mail to their last known addresses as may be shown in the application,
or otherwise. A full and complete record shall be kept of all proceedings,
and all testimony shall be reported but need not be transcribed unless the
department's decision is appealed to the courts, or a transcript is
requested by an interested party. Upon an appeal to the courts, the
department shall furnish to any appellant, free of charges, a certified
copy of the transcript of all evidentiary proceedings before it. Other
parties shall pay the cost of transcripts prepared at their request.
d. The decision of the department is final unless appealed by a party
to the hearing to the family court having jurisdiction for the county in
which the facility is located for review within thirty days after the
receipt by the party of the notice of the decision. The review must be
conducted 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.
Section 20-7-2770. Every child day care center or group day care
home shall maintain a register setting forth essential facts concerning
each child enrolled under the age of eighteen years.
Section 20-7-2780. a. Each child day care center or group day care
home shall maintain its current license displayed in a prominent place
at all times.
b. No license shall be transferred nor shall the location of any child
day care center or group day care home or place of performance of
service be changed without the written consent of the department. The
department shall consent to such change for a reasonable period of time
when emergency conditions require it, so long as the new location or
place of performance substantially conforms to state fire and health
requirements.
c. Upon occurrence of death of a child on the premises of a child
day care center or group day care home in which such child is enrolled
or while under the constructive control of the holder of the license of
such facility, it shall be and hereby is the responsibility of the latter to
notify the department within forty-eight hours and follow up with a
written report as soon as the stated cause of death is certified by the
appropriate government official.
Section 20-7-2790. Every operator or potential operator of a
public child day care center or group day care home must apply to the
department for an investigation and a statement of standard conformity
or approval, except those facilities designated in S 20-7-2700.
Section 20-7-2800. a. Application for a statement of standard
conformity or approval shall 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 shall 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 provided
adequate notification regarding deficiencies has been given, the
appropriate public officials of the state and local government shall be
notified.
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 shall be the responsibility of the
department.
b. Application for renewal shall 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 shall 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 shall be notified.
Section 20-7-2820. Whenever the department finds upon
inspection that a public child day care center or group day care home is
not complying with any applicable regulations, the department may
notify the operator to correct such deficiencies.
a. Every correction notice shall be in writing and shall include a
statement of the deficiencies found, the period within which the
deficiencies must be corrected and the provision of the subarticle and
regulations relied upon. The period shall be reasonable and, except when
the department finds an emergency dangerous to the health or safety of
children, not less than thirty days from the receipt of such notice.
b. Within two weeks of receipt of such notice, the operator of the
public child day care center or group day care home may file a written
request with the department for administrative reconsideration of the
notice or any portion thereof.
c. The department shall grant or deny a written request within seven
days of filing and shall notify the operator of the child day care center
or group day care home of such grant or denial.
d. In the event that the operator fails to correct any deficiency within
the period prescribed for correction, the department shall notify the
appropriate public officials.
Section 20-7-2830. a. An applicant or operator who has been
denied approval or renewal of approval by the department shall be given
prompt written notice thereof, which shall include a statement of the
reasons for the denial. The notice shall also inform the applicant or
operator that it may, within thirty days after the receipt of the notice of
denial, appeal the denial by making a written request to the
commissioner for an opportunity to show cause why its application
should not be denied.
b. Upon receiving a written petition, the commissioner shall give the
applicant or operator reasonable notice and an opportunity for a prompt,
informal meeting with the commissioner or his designee with respect to
the action by the department, and an opportunity to submit written
material. On the basis of the available evidence, including information
obtained at the informal meeting and from the written material, the
commissioner shall decide whether the application shall be granted for
approval, provisional approval or denied. The decision of the
commissioner shall be in writing, shall contain findings of fact and shall
be mailed to the parties to the proceedings by certified or registered
mail. Notification of the decision shall be sent to the Governor and
appropriate officials of the State or local government.
Section 20-7-2840. a. As used in this subarticle, "family day
care home" means an occupied residence in which child day care
is regularly provided for no more than six children, unattended by a
parent or legal guardian, including those children living in the home, and
the children received for day care who are related to the resident
caregiver. Provided, however, that an occupied residence in which child
day care is regularly provided only for a child or children related to the
resident caregiver, or only for the child or children of one unrelated
family, or only for a combination of such children is not a family day
care home.
b. Every operator of a family day care home shall register with the
department within six months of June 13, 1977.
Section 20-7-2850. a. Registration shall be completed on forms
supplied by the department and in the manner it prescribes.
b. Prior to becoming a registered operator, the applicant shall:
(1) sign a statement that he has read the suggested standards
developed by the department under S 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.
Section 20-7-2860. a. A statement of registration shall be issued
when the family day care operator satisfactorily completes the
procedures prescribed by this subarticle. The current statement shall 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. The department shall have the power to withdraw the statement
of registration if the health and safety of the children so require, if the
facility has enrolled children beyond the limits defined in this subarticle,
or if the operator fails to comply with the registration procedures
provided in this subarticle.
Section 20-7-2870. The department shall visit the facility when
concerns are expressed by the community regarding the health and
safety of the children, child abuse or enrollment beyond the limits set
forth in this subarticle.
a. If the concern is in regard to the health and safety of the children,
the department may call on other appropriate agencies (i.e., State
Department of Health and Environmental Control, Office of the State
Fire Marshal) as necessary to conduct an inspection.
b. If the concern indicates that the child has been abused, the
department shall carry out its responsibility as authorized under Article
7 of this chapter.
c. If the visits and inspections verify conditions detrimental to the
health and safety of the children or over enrollment, the department shall
carry out its responsibility as authorized by subsection C of S 20-7-2860
and S 20-7-3010.
Section 20-7-2880. a. A registrant whose statement of registration
has been withdrawn by the department shall be given written notice by
certified or registered mail. The notice shall contain the reasons for the
proposed action and shall inform the registrant of the right to appeal the
decision to the commissioner in writing within thirty calendar days after
the receipt of the notice. Upon receiving a written appeal the
commissioner shall give the registrant reasonable notice and an
opportunity for a prompt hearing before a hearing examiner appointed
by the Board of the South Carolina Department of Social Services. On
the basis of the evidence adduced at the hearing, the commissioner shall
make the final decision of the department as to whether the statement of
registration shall be withdrawn. If no written appeal is made, the
statement of registration shall be withdrawn as of the termination of the
thirty-day period.
b. At the hearing provided for in this section, the registrant may be
represented by counsel, and has the right to call, examine and
cross-examine witnesses and to otherwise introduce evidence. Parents
appearing at the hearing may also be represented by counsel. The
hearing examiner is empowered to require the presence of witnesses and
evidence by subpoena on behalf of the appellant or department. The
final decision of the department shall be in writing, shall contain the
department's findings of fact and rulings of law and shall be mailed to
the parties to the proceedings by certified or registered mail. A full and
complete record shall be kept of all proceedings, and all
testimony shall be reported and need not be transcribed unless the
decision is appealed to the courts, or a transcript is requested by an
interested party. Upon an appeal to the courts, the department shall
furnish to any appellate, free of charge, a certified copy of the transcript
of all evidentiary proceedings before it. Other parties shall pay the cost
of transcripts.
c. The decision of the department is final unless appealed by a
party to the hearing to the family court having jurisdiction for the county
in which the facility is located for review within thirty days after the
receipt by the party of the notice of the decision. The review must be
conducted 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.
Section 20-7-2890. The department shall offer consultation
through employed staff or other qualified persons to assist a potential
applicant, an applicant or registered operator in meeting and maintaining
the suggested standards for family day care homes.
Section 20-7-2900. No local 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, inspection and the
regulations for health and fire safety as set forth in SS 20-7-2910
through 20-7-2970.
Section 20-7-2910. It shall be the responsibility of the child day
care operator to notify the department of the fact of its operation and
existence and to request inspection of the facility. It shall be the
responsibility of the department to request that the local health and fire
safety agencies conduct an inspection of the facility at least annually and
more often if necessary to insure compliance with health and fire safety
regulations. If there be no local health and safety agencies to conduct the
inspection, then the appropriate State Agency will conduct the
inspection. The department shall register any such day care facility upon
notification from health and fire safety agencies that the day care facility
is in compliance with such regulations.
The regulations applied shall be the same health and fire safety
regulations applied to other facilities regulated under this subarticle as
set forth in the December 28, 1976 regulations as filed with the
Secretary of State by the department for Child Day Care Centers and
Group Day Care Homes.
Section 20-7-2920. The department may seek an injunction
against the continuing operation of a child day care center or group day
care home in the family court having jurisdiction over the county in
which the facility is located when:
(1) the facility is operating without having requested the
appropriate inspections;
(2) there is a violation of the health and fire safety regulations as
set forth by Sections 20-7-2910 through 20-7-2970 which threaten
serious harm to children in the facility;
(3) an operator repeatedly has violated the health and fire safety
regulations.
Section 20-7-2930. Whenever the health or fire safety agency
finds upon inspection that a child day care center or group day care
home is not complying with the applicable regulations, the appropriate
agency shall notify the department. The department shall then request
the operator to correct such deficiencies.
a. Every correction notice shall be in writing and shall include a
statement of the deficiencies found, the period within which the
deficiencies must be corrected and the provision of the subarticle and
regulations relied upon. The period shall be reasonable and, except when
the appropriate agency finds an emergency dangerous to the health or
safety of children, not less than thirty days from the receipt of such
notices.
b. Within two weeks of receipt of such notice, the operator of the
facility may file a written request with the department for administrative
reconsideration of the notice or any portion thereof.
c. The department shall grant or deny a written request and shall
notify the operator of action taken.
d. In the event that the operator of the facility fails to correct
deficiencies within the period prescribed, the department may suspend
the registration of the facility to be effective thirty days after date of
notice.
Section 20-7-2940. a. When the registration of a facility has
been suspended, the operator must be given prompt written notice. The
notice must indicate the reasons for the suspension and inform the
operator of the right to appeal the decision through administrative
channels to the department and according to established appeals
procedure for the department.
b. Upon appeal, the decision of the department is final unless
appealed by a party to the hearing to the family court having jurisdiction
for the county in which the facility is located for review within thirty
days after the receipt by the party of the notice of the decision. The
review must be conducted in 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.
Section 20-7-2950. In order to provide for the gradual
implementation of the registration and inspection process, each child day
care center and group day care home must apply to the department
within six months of June 13, 1977. The health and fire safety agencies
shall have one year from June 13, 1977 to complete initial inspection
and make their report to the department.
Section 20-7-2960. It shall be the duty of every circuit solicitor to
institute action for the enforcement of the provisions of SS 20-7-2910
through 20-7-2970.
Section 20-7-2970. An operator violating the provisions of
Sections 20-7-2910 through 20-7-2970 is guilty of a misdemeanor and,
upon conviction, must be punished by a fine not exceeding one thousand
five hundred dollars or imprisonment not exceeding six months, or both.
Section 20-7-2980. a. The department shall with the advice and
consent of the Advisory Committee develop and promulgate regulations
depending upon the nature of services to be provided for the operation
and maintenance of child day care centers and group day care homes.
The department with the advice of the Advisory Committee shall
develop suggested standards which shall serve as guidelines for the
operators of family day care homes and the parents of children who use
the service. In developing such regulations and suggested standards, the
department shall consult with:
(1) Other state agencies, including the State Department of Health
and Environmental Control, the Office of the State Fire Marshal and the
Office of the Attorney General.
(2) Parents, guardians or custodians of children using the service.
(3) Child advocacy groups.
(4) The State Advisory Committee on the Regulation of Child Day
Care Facilities established by this subarticle.
(5) Operators of child day care facilities from all sectors.
(6) Professionals in fields relevant to child care and development.
(7) Employers of parents, guardians or custodians of children using
the service.
Draft formulations shall be widely circulated for criticism and
comment.
b. The regulations for operating and maintaining child day care
centers and group day care homes and the suggested standards for family
day care homes shall be designed to promote the health, safety and
welfare of the children who are to be served by assuring safe and
adequate physical surroundings and healthful food; by assuring
supervision and care of the children by capable, qualified personnel of
sufficient number. The regulations with respect to licensing and
approval, and the suggested standards with respect to registration of
family day care homes shall be designed to promote the proper and
efficient processing of matters within the cognizance of the department
and to assure applicants, licensees, approved operators, and registrants
fair and expeditious treatment under the law.
c. The department shall conduct a comprehensive review of its
licensing and approval regulations and family day care home suggested
standards at least once each three years.
d. No regulations for child day care facilities shall exceed policies
or minimum standards set for public child day care facilities regulated
under this subarticle.
e. The department shall submit final drafts of its regulations to the
Legislative Council as proposed regulations, and the Administrative
Procedures Act SS 1-23-10 et seq. shall govern their promulgation.
f. The department shall establish a procedure for its representatives
to follow in receiving and recording complaints. Standard forms may be
produced and made available to parents and users of facilities upon
request to the department. A
copy of any complaint shall be made available to the involved operator
immediately upon his request.
Section 20-7-2990. a. In exercising the powers of licensing,
approving, renewing, revoking, or making provisional licenses and
approvals, the department shall investigate and inspect licensees and
approved operators and applicants for a license or an approval. The
authorized representative of the department may visit a child day care
center or group day care home anytime during the hours of operation for
purposes of investigations and inspections. In conducting investigations
and inspections, the department may call on political subdivisions and
governmental agencies for appropriate assistance within their authorized
fields. The inspection of the health and fire safety of child day care
centers and group day care homes must be completed upon the request
of the department by the appropriate agencies (i.e. Department of Health
and Environmental Control, the Office of the State Fire Marshal, or local
authorities). Inspection reports completed by state agencies and local
authorities must be furnished to the department and become a part of its
determination of conformity for licensing and approval. After careful
consideration of the reports and consultation where necessary, the
department shall assume responsibility for the final determination of
licensing, approving, renewing, revoking, or making provisional licenses
and approvals.
b. Before issuing a license or approval the department shall conduct
an investigation of the applicant and the proposed plan of care for
children and for operating a child day care center or a group day care
home. If the results of the investigation satisfy the department that the
provisions of this subarticle and the applicable regulations promulgated
by the department are satisfied, a license or approval must be issued.
Section 20-7-3000. The department shall offer consultation
through employed staff or other qualified person to assist applicants and
operators in meeting and maintaining regulations.
Section 20-7-3010. a. The department is empowered to seek an
injunction against the continuing operation of a child day care facility
in the family court having jurisdiction over the county in which the
facility is located:
(1) when a facility is operating without a license or statement
of registration;
(2) when there is any violation of this subarticle or of the
regulations promulgated by the department which threatens serious harm
to children in the child day care facility;
(3) when an operator has repeatedly violated this subarticle or
the regulations of the department.
b. Proceedings for securing the injunctions may be brought by the
Attorney General or circuit solicitor of the jurisdiction in which the
facility or its headquarters is located.
Section 20-7-3020. a. The department shall have power to issue
a provisional registration, provisional license or provisional approval
only when the department is satisfied that (1) the regulations can and
will be met within a reasonable time, and (2) the deviations do not
seriously threaten the health or safety of the children. Such provisional
registration, provisional license, or provisional approval, may be
extended for such period as may be determined by the department but in
no case beyond July 1, 1981.
b. Except as noted in item c of this section, no provisional license
or provisional approval may be issued effective for any longer than one
year.
c. Any facility granted a license or exempt from obtaining a license
under the act previously in effect in this State and which does not
qualify for a regular license under this subarticle shall be granted a
provisional license in accord with item a of this section. Such a
provisional license may be issued without regard to the time limit of
item b of this section. No provisional license issued under item c shall
remain effective, either by its initial issue or by renewal, for a period
greater than three years.
Section 20-7-3030. The department shall have power to issue a
declaratory order to any applicant regarding approval of drawings and
specifications related to construction or renovations proposed by a
facility. Such order shall specifically state each factor to be considered
and shall clearly indicate the department's probable approval or
disapproval of each factor. No appeal of a declaratory order shall be
permitted. No facet of a facility constructed in compliance with a
declaratory order of the department shall serve as a basis for a refusal by
the department to license or approve a facility.
Section 20-7-3040. a. A State Advisory Committee on the
Regulation of Child Day Care Facilities is hereby established. It shall
consist of seventeen members appointed by the Governor, in accordance
with the following:
(1) Five of the members appointed shall be parents of children who
are receiving child day care services at the time of appointment, with no
less than three representing the entrepreneural facilities.
(2) Eight of the members appointed shall be representative of
owners and operators of child day care facilities, one of which shall be
an operator of a day care home. No less than five other appointees shall
be operators of facilities subject to regulation who are actively engaged
in the operation for profit.
(3) One member appointed shall represent the educational
community of the State.
Nominees for membership on the advisory committee pursuant to
items (1), (2) and (3) shall be made from lists furnished the Governor by
South Carolina organizations representing the various types of child day
care facilities defined in this subarticle.
(4) One member appointed shall represent the business community
of the State. Nominees for membership pursuant to this item shall be
made from lists furnished the Governor by the South Carolina Chamber
of Commerce.
(5) Two members appointed shall represent church-operated child
day care centers, one of whom shall be an operator of a church child day
care center and one of whom shall be a parent of a child who is receiving
child day care services in a church-operated child day care center at the
time of appointment.
b. Members shall serve for terms of three years and until their
successors are appointed and qualify, except that of those initially
appointed five shall serve for one year, five for two years and five for
three years. Vacancies shall be filled in the manner of the original
appointment for the unexpired portion of the term only. Reappointment
to serve a full term may ensue, however, at the discretion of the
Governor but no member shall be permitted to succeed himself after
serving a full term.
c. The chairman of the committee shall be designated by the
Governor from among the appointees selected pursuant to the provisions
of items (1) and (2) of subsection a of this section.
Section 20-7-3050. The State Advisory Committee on the
Regulation of Child Day Care Facilities shall:
a. After the initial promulgation of regulations following the
adoption of this subarticle, the committee shall review changes in the
regulations and suggested standards proposed by the department and
make recommendations thereon to the commissioner. The committee
shall evaluate the regulations and suggested standards at the three year
review period (Subsection C of S 20-7-2980) and recommend necessary
changes to the department. After the promulgation of the initial
regulations following the adoption of this subarticle, no regulation shall
be promulgated by the department which has been disapproved by a
simple majority of the committee.
b. Advise the department regarding the improvement of the
regulation of child day care facilities.
c. Advise the department on matters of regulatory policy, planning
and priorities.
d. As it deems necessary, hold a public hearing at least thirty days
prior to adoption of the regulations by the department.
e. Plan with the department for the procedures to be used in
notifying licensees, approved operators and registrants regarding
regulatory changes sixty days prior to intended promulgation.
f. Maintain through the department the essential liaison with other
departments and agencies of state and local government so as to
preclude imposition of duplicate requirements upon operators subject to
regulations under this subarticle.
g. Act to move the adoption of its recommendations and other
pertinent disposition of matters before it by decision of a simple majority
of those members present and voting, provided there is a quorum of
eight members.
Section 20-7-3060. The department shall provide reasonable
secretarial and administrative support to the advisory committee.
Section 20-7-3070. In order to provide for the gradual
implementation of the licensing, approval and registration programs,
each child day care facility not licensed under the act previously in
effect in this State must apply to the department for licensing, approval
or statement of registration within six months of June 13, 1977. The
department shall have one year from June 13, 1977 to take action to
issue or deny license or approval of child day care centers and group day
care homes or issue a statement of registration to family day care homes.
Section 20-7-3080. It shall be the duty of every circuit solicitor to
institute action for the enforcement of the provisions of this subarticle.
Section 20-7-3090. A person violating the provisions of this
subarticle is guilty of a misdemeanor and, upon conviction, must be
punished by a fine not exceeding one thousand five hundred dollars or
imprisonment not exceeding six months, or both.
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 20-7-2710. This subarticle is cited as the
'Child Day Care Act'.
Section 20-7-2720. This subarticle defines the
regulatory duties necessary to safeguard children in care in places other
than their own homes and to insure adequate levels of protection and
supervision for these children. It establishes uniform statewide
standards for licensed facilities providing out-of-home care for
children.
Section 20-7-2730. When used in this subarticle
unless otherwise defined or the context otherwise requires:
(1) 'Child day care' means a program provided by a
public or private child day care center, group day care home, or family
day care home for the care, supervision, or guidance of a child or
children, on a regular basis, in a place other than the child's or the
children's own home or homes.
(2) 'Child day care facility or facility' means a child
day care center, group day care home, or family day care home which
provides care, supervision, or guidance for a child who is not related by
blood, marriage, or adoption to the owner or operator of the facility.
(3) 'Child day care center' or 'day care center' means
a facility which regularly receives thirteen or more children for day
care.
(4) 'Group day care home' means a facility, generally
within a dwelling unit or occupied residence, which regularly provides
child day care for at least seven but not more than twelve children,
including those children living in the home and children received for day
care who are related to the resident caregiver.
(5) 'Family day care home' means an occupied residence
in which child day care regularly is provided for no more than six
children, including those children living in the home and children
received for day care who are related to the resident caregiver.
(6) 'Child day care operator' or 'operator' means the
person, corporation, partnership, voluntary association, or other public
or private organization who by reason of actual ownership, or by lease
or other type of agreement, has the ultimate authority and responsibility
over the operation of a child day care facility.
(7) 'Caregiver' means a person whose duties include
direct care, supervision, or guidance of children in a child day care
facility.
(8) 'Child' means a person who has not reached his sixth
birthday.
(9) 'Regularly' or 'on a regular basis' means the
frequency with which child day care services are available and provided
at a facility in any one week. It means the availability and provision of
day care for less than twenty-four hours but more than four hours a day
and on more than two days in a week.
(10) 'Related' means any of the following relationships by
marriage, blood, or adoption: parent, grandparent, brother, sister,
stepparent, stepsister, stepbrother, uncle, aunt, cousin of the first degree,
great-aunt, great-uncle, stepgrandparent, or stepgreat-grandparent.
(11) 'License' means a permit issued by the South
Carolina Department of Health and Environmental Control pursuant to
Section 20-7-2790 for two years showing that the facility is in
compliance with all provisions of this subarticle and the applicable
regulations of the board at the time of issuance and authorizing the
facility to operate in accordance with the provisions of the license, this
subarticle, and the regulations of the department. A child day care
center or group day care home operated by a church, publicly recognized
religious educational institution, or publicly recognized religious
charitable institution may receive a license where it is in full compliance
with all applicable licensing regulations.
Section 20-7-2740. Except as provided otherwise in
this subarticle, no person, corporation, partnership, voluntary
association, public agency, or other organization may operate a child day
care facility unless the facility is licensed.
Section 20-7-2750. The provisions of this subarticle do
not apply to:
(1) a public or private educational facility which
operates solely for educational purposes;
(2) a kindergarten program operated by a public school
system;
(3) a program for children four years of age and younger
operated by a public school system;
(4) an occupied residence in which child day care
regularly is provided only for a child or children related to the resident
caregiver, only for the child or children of one family unrelated to the
caregiver, or only for a combination of the foregoing;
(5) a facility for the mentally retarded provided for in
Article 3, Chapter 21 of Title 44;
(6) a mental health facility provided for in Chapter 11
of Title 44;
(7) a facility which operates for less than four hours a
day or two days or less in a week;
(8) a summer resident or day camp;
(9) a Bible school normally conducted during a vacation
period; or
(10) a child care facility operated by a religious/church
organization which does not elect to be licensed.
Section 20-7-2760. (A) There is created the
State Advisory Board for the Regulation of Child Day Care Facilities
composed of thirteen members appointed by the Governor with the
advice and consent of the Senate for terms of four years and until their
successors are appointed and qualify. No member may serve more than
two terms. Terms expire on June thirtieth of the appropriate year. A
vacancy must be filled in the manner of original appointment for the
unexpired portion of the term.
(B) Unless otherwise indicated in this subsection, one
member of the advisory board shall represent each of the following:
(1) the State Department of Social Services;
(2) the Department of Health and Environmental
Control;
(3) two parents of children receiving child day care
services, one of whom shall represent low income families;
(4) the pediatric medical community;
(5) the early childhood education community;
(6) the business community;
(7) a child care facility which may receive public
assistance funds directly or indirectly but which is managed as a
profit-making business enterprise and whose corporation or private
ownership is liable for payment of federal and state income taxes on
profits earned by the facility;
(8) a child care facility which may receive public
assistance funds directly or indirectly but which is operated under the
tutelage and control of a nonprofit or eleemosynary corporation,
foundation, association, or other organization whose ownership may be
or is not liable for payment of federal and state income taxes on profits
earned by the facility;
(9) the licensed church child day care facilities;
(10) a child day care facility which was created and
exists by action of the State or a county, city, or other political
subdivision, whose operation remains under the tutelage and control of
a governmental agency;
(11) the group day care homes;
(12) the family day care homes.
(C) The members provided for in items (1) through (6)
of subsection (B) must be persons who are knowledgeable about the
needs of children who receive day care services.
(D) The members provided for in items (7) through (12)
of subsection (B) must be appointed from each of the state's
congressional districts and must be persons who have demonstrated
expertise and experience in the provision of child day care services.
(E) The advisory board shall elect from among its
members a chairman who shall serve for one year and until his successor
is elected and qualifies. The advisory board shall meet at least six times
annually and more frequently upon the call of the chairman. A majority
of the members present constitute a quorum for the transaction of
business.
(F) Members of the advisory board shall receive per
diem, subsistence, and mileage as provided by law for members of
boards, commissions, and committees while engaged in the work of the
board.
Section 20-7-2770. (A) The Department of
Health and Environmental Control shall administer the provisions of this
subarticle, promulgate separate regulations for each of the facilities,
centers, and homes defined in Section 20-7-2730 with the advice and
consent of the advisory board, and, with the advice of the advisory
board, formulate necessary policies and procedures of administration
and operation to carry out effectively the objectives of this subarticle.
While ensuring the quality of care and safety of children in licensed
child day care facilities, the regulation realistically must reflect the
differences between and among the various types of child care provided
by family day care homes, group day care homes, and child care
facilities. These regulations must include, but are not limited to, health
standards, child/staff ratios, employee training, child disciplinary
standards, and child safety curriculum.
(B) The department may charge a reasonable fee for
licenses. Fees must be determined by the advisory board and remitted
to the general fund of the State.
(C) The State Fire Marshal shall ensure that appropriate
fire safety regulations are promulgated for all licensed child day care
facilities. A facility must not be licensed unless it complies with these
regulations.
Section 20-7-2780. (A) Before an employee
is hired or a volunteer used, a child day care facility shall obtain a
Federal Bureau of Investigation and a state criminal history record
information search and report.
(B) No license may be issued to a facility which employs
a person or uses a volunteer who has been convicted of a crime provided
for in Chapter 3 of Title 16, Offenses Against the Person, or Chapter 15
of Title 16, Offenses Against Morality and Decency, or the crime of
contributing to the delinquency of a minor, provided for in Section
16-17-490 or who has been determined judicially to have committed an
act of child abuse or neglect as defined in Section 20-7-490.
(C) No facility may employ the services of or use as a
volunteer a person who has been convicted of one of the crimes listed in
this section or who has been determined judicially to have committed an
act of child abuse or neglect as defined in Section 20-7-490.
(D) No license may be issued to a facility if a person
living on its premises and remaining there during the hours of operation
has been convicted of one of the crimes listed in this section or has been
determined judicially to have committed an act of child abuse or neglect
as defined in Section 20-7-490.
(E) A person who has been convicted of one of the
crimes listed in this section who applies for employment with, or is
employed by, a facility is guilty of a misdemeanor and, upon conviction,
must be fined not more than five thousand dollars or imprisoned for not
more than one year, or both.
(F) The State Law Enforcement Division shall provide
criminal history record information at no cost to the Department of
Health and Environmental Control or a facility. The facility may be
assessed a fee for a Federal Bureau Investigation criminal history record
information search and report.
Section 20-7-2790. (A) Application for a
license to operate a child day care facility must be made to the
department on forms supplied by the board and in the manner it
prescribes.
(B) Before issuing a license the Department of Health
and Environmental Control shall conduct an investigation and inspection
of the facility and the proposed plan of care for children and for its
operation. If the results of the investigation and inspection verify that
the provisions of this subarticle and the applicable regulations are
satisfied, a license must be issued. The facility shall cooperate with the
department as it performs the investigation and related inspections by
providing access to the premises, records, except the financial records,
and staff. Failure to comply with this subarticle or applicable
regulations, if the department follows the procedures set forth in Section
20-7-2900, is a ground for denial of a license. The investigation and
inspections may involve consideration of the facts, conditions, and
circumstances relevant to the operation of the child day care facility and
identified as part of the application process.
(C) In performing the inspections required under
subsection (B), the authorized representative of the Department of
Health and Environmental Control shall give reasonable notice before
the inspections required by this section if they are not made during
normal working hours. No notice is required if the inspections are made
during normal working hours. The department shall conduct this visit
to a child day care facility during its hours of operation. In conducting
inspections, the department may call on political subdivisions and
governmental agencies for appropriate assistance within their authorized
fields. The inspection of the fire safety of child day care facilities must
be completed upon the request of the department by the office of the
State Fire Marshal or its designated representatives and local authorities.
These written inspection reports must be furnished to the board and
become a part of its determination for licensing, registration, and
approval. The department shall assume responsibility for the final
determination of licensing, approving, renewing, denying, revoking, and
making provisional licenses.
(D) Each license to operate clearly must state the name
and address of the child day care facility, its location, and the number of
children who may be served, must be displayed in a location within the
center, clearly must be visible to all persons entering the facility, and
must contain on its face in bold-face print the following language: THIS
IS A LICENSED CHILD DAY CARE FACILITY WHICH MEETS
THE SOUTH CAROLINA STANDARDS FOR QUALITY CHILD
CARE.
Section 20-7-2800. (A) The Department of
Health and Environmental Control may issue a provisional license to a
child day care facility authorizing the facility to begin operations only
when the department is satisfied that:
(1) Noncompliance with requirements is
temporary.
(2) The regulations can and will be met within a
reasonable time.
(3) The deviations seriously do not threaten the
health or safety of the children.
(B) A provisional license must not be issued effective for
longer than six months or more than once during a year.
Section 20-7-2810. (A) A license may be
renewed upon application and approval by the Department of Health and
Environmental Control before the expiration date. Notification of a
child day care facility regarding renewal is the responsibility of the
department.
(B) Application for renewal follows the same guidelines
as set forth in Section 20-7-2790.
Section 20-7-2820. The Department of Health and
Environmental Control shall offer consultation through employed staff
or other qualified persons to assist a child day care facility or a person
who wishes to establish a child day care facility in complying with the
provisions of this subarticle and related regulations for child day care
facilities.
Section 20-7-2830. A license for a child day care
facility applies to the facility whose location and address are stated on
the application, and it is not transferable from one facility to another. If
the location of the child day care facility is changed without the written
consent of the Department of Health and Environmental Control, its
license automatically is revoked upon the change. The department may
consent to a change for a reasonable period of time when emergency
conditions require it, if the new location or place of performance
substantially conforms to state fire and health requirements.
Section 20-7-2840. The Department of Health and
Environmental Control may investigate without notice a child day care
facility when there are complaints regarding the health and safety of the
children, reports of violations of this subarticle and related regulations,
or reports of enrollment beyond the limits set forth in this subarticle. If
the complaint or report is in regard to the health and safety of the
children, the department may call on other appropriate agencies, such as
the Department of Social Services or the office of State Fire
Marshal, to conduct an inspection. The agencies shall make a written
report to the Department of Health and Environmental Control in a
timely manner. If the visits, inspections, and reports verify conditions
detrimental to the health and safety of the children or over enrollment,
the department shall carry out its responsibility as authorized by the
provisions of this subarticle and related regulations.
Section 20-7-2850. Whenever the Department of
Health and Environmental Control finds upon inspection that a child day
care facility is not complying with applicable regulations or the
provisions of this subarticle, the department shall notify the facility to
correct the deficiencies.
(1) Every correction notice must be in writing and must
include a statement of the deficiencies found, the period within which
the deficiencies must be corrected, and the provisions of the subarticle
and regulations relied upon. The period must be reasonable and not less
than thirty days from the receipt of the notice, except when the
department finds that the deficiencies present an immediate threat of
harm to the health and safety of the children in care or to be in care of
the child day care facility.
(2) Within two weeks of receipt of the notice, the
facility may file a written request with the department for administrative
reconsideration of the notice or a portion of it.
(3) The department shall grant or deny a written request
within seven days of filing and shall notify the facility of the grant or
reasons for denial.
(4) If the facility fails to correct deficiencies within the
period prescribed, the Department of Health and Environmental Control
may revoke the license.
Section 20-7-2860. (A) A facility which has
been denied a license, whose application for renewal is denied, or whose
license is about to be revoked by the Department of Health and
Environmental Control must be given prompt written notice by certified
or registered mail. The notice must indicate the reasons for the proposed
action and inform the facility of the right to appeal the decision to the
Commissioner of the Department of Health and Environmental Control
in writing within thirty days after the receipt of notice of denial. Upon
receiving a written appeal the commissioner shall give the facility
reasonable notice and an opportunity for a prompt hearing before a
hearing examiner appointed by the department. On the basis of the
evidence introduced at the hearing, the commissioner shall make the
final decision of the department as to the revocation or denial of the
license. If no written appeal is made, the application is denied as of the
termination of the thirty days.
(B) At the hearing provided for in this section, the
facility may be represented by counsel and has the right to call, examine,
and cross-examine witnesses and to otherwise introduce evidence.
Through the issuance of an administrative subpoena, the hearing
examiner may require the presence of witnesses and evidence on behalf
of the appellant or the department. The final decision of the department
must be in writing, must contain the department's findings of fact and
rulings of law, and must be mailed to the parties to the proceedings by
certified or registered mail to their last known addresses as may be
shown in the application, or otherwise. A full and complete record must
be kept of all proceedings, and all testimony must be reported but need
not be transcribed unless the department's decision is appealed to the
courts or a transcript is requested by an interested party. Upon an appeal
to the courts, the department shall furnish to an appellant, free of charge,
a certified copy of the transcript of all evidentiary proceedings before it.
Other parties shall pay the cost of transcripts prepared at their
request.
(C) The decision of the department is final unless
appealed by a party to the hearing to the family court having jurisdiction
for the county in which the facility is located for review within thirty
days after the receipt by the party of the notice of the decision. The
review must be conducted 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.
(D) A facility whose application for renewal has been
denied or whose license has been revoked may continue to operate
during the department's administrative appeal process if the conditions
or deficiencies in the child day care facility do not present an immediate
threat of harm to the health and safety of children in its care as
determined by the department.
Section 20-7-2870. (A) The Department of
Health and Environmental Control may seek an injunction against the
continuing operation of a child day care facility in the family court
having jurisdiction over the county in which the facility is located when
one or more of the following exist:
(1) The facility is operating without a license.
(2) There is a violation of this subarticle or of the
applicable regulations promulgated by the department which threatens
serious harm to children in the child day care facility.
(3) A facility repeatedly has violated this subarticle
or the applicable regulations.
(B) Proceedings for securing an injunction may be
brought by the legal representative of the department, the Attorney
General, or the circuit solicitor of the jurisdiction in which the facility
or its headquarters is located.
Section 20-7-2880. A person violating the provisions
of this subarticle is guilty of a misdemeanor and, upon conviction, must
be fined not more than one thousand five hundred dollars or imprisoned
not more than six months, or both.
Section 20-7-2890. 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, upon conviction, must be fined not more than ten thousand
dollars or imprisoned for not more than ten years, or both, in addition to
any other penalty imposed by law and not in lieu of any other
penalty."
SECTION 2. The transference of all child care regulatory duties from
the State Department of Social Services to the South Carolina
Department of Health and Environmental Control shall occur within six
months after this act's effective date. Before the date of this transference
all current child care regulations remain in effect and the Department of
Social Services shall continue its regulatory duties. In transferring these
duties the Department of Social Services shall transfer to the Department
of Health and Environmental Control all child day care licensing
personnel, the supporting funding, and equipment, records, and other
materials used by the Department of Social Services in performing its
regulatory duties. One year after the date of this transference the State
Advisory Board for the Regulation of Child Day Care Facilities must
have completed the promulgation of new regulations pursuant to
Subarticle 11, Article 13, Chapter 7, Title 20 of the 1976 Code, as
amended in Section 1 of this act. Until the new regulations are adopted,
the Department of Health and Environmental Control may elect either
to continue its duties under the former regulations or utilize emergency
regulations.
SECTION 3. The crimes provided for in Section 20-7-2900 of the
1976 Code, as contained in Section 1 of this act, are added to the list of
crimes classified as felonies in Section 16-1-10.
SECTION 4. (A) Appointments to the State Board for the
Regulation of Child Day Care Facilities provided for in Section
20-7-2760, as amended in Section 1 of this act, must be within two
months after this act's effective date.
(B) As designated by the Governor, the initial term of the members
of the board as added in Section 1 of this act, is as follows:
(1) three members: two years;
(2) four members: three years;
(3) six members: four years.
SECTION 5. This act takes effect upon approval by the Governor.
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