H 4037 Session 110 (1993-1994)
H 4037 General Bill, By S.S. Wofford
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
20-7-2915 so as to require the Department of Social Services to issue a
registration statement for a religious day care center when requirements are
met and to require the center operator to display the registration and use its
registration number in advertisements.-short title
04/14/93 House Introduced and read first time HJ-37
04/14/93 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-38
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976
BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE
DEPARTMENT OF SOCIAL SERVICES TO ISSUE A
REGISTRATION STATEMENT FOR A RELIGIOUS DAY CARE
CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE
THE CENTER OPERATOR TO DISPLAY THE REGISTRATION
AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS;
TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO
DEFINITIONS UNDER DAY CARE LICENSING, SO AS TO
REVISE THE DEFINITIONS OF "CHILD DAY CARE
FACILITIES" AND "GROUP DAY CARE HOME"
AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2760, AS
AMENDED, RELATING TO APPEALS FROM DENIAL OF A
LICENSE FOR CHILD AND DAY CARE CENTERS AND GROUP
DAY CARE HOMES , SO AS TO MAKE THE APPEAL TO CIRCUIT
COURT RATHER THAN FAMILY COURT; TO AMEND SECTION
20-7-2780, RELATING TO LICENSES OF CHILD DAY CARE
CENTERS, AND GROUP DAY CARE HOMES, SO AS TO REQUIRE
THAT THE LICENSE NUMBER BE STATED IN
ADVERTISEMENTS; TO AMEND SECTION 20-7-2860, RELATING
TO FAMILY DAY CARE HOME REGISTRATIONS, SO AS TO
REQUIRE THE REGISTRATION NUMBER BE STATED IN
ADVERTISEMENTS; TO AMEND SECTION 20-7-2880, AS
AMENDED, RELATING TO APPEALS FROM DENIALS OF A
LICENSE FOR FAMILY DAY CARE HOMES, SO AS TO MAKE
THE APPEAL TO CIRCUIT COURT RATHER THAN FAMILY
COURT; TO AMEND SECTION 20-7-2900 AND 20-7-2910,
RELATING TO CERTAIN CHURCH OR RELIGIOUS DAY CARE
CENTERS AND OTHER DAY CARE CENTERS, SO AS TO
REQUIRE THEM TO COMPLY WITH INSPECTION PROCEDURE
AND WITH REGULATIONS FOR CHILD-STAFF RATIOS AND
EMPLOYEE TRAINING PLANS; TO AMEND SECTION 20-7-2920,
AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD
DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS
TO PROVIDE THAT AN INJUNCTION MAY BE SOUGHT IN
CIRCUIT COURT RATHER THAN IN FAMILY COURT; TO
AMEND SECTION 20-7-2940, AS AMENDED, RELATING TO
APPEALS FROM SUSPENSION OF A REGISTRATION, SO AS TO
MAKE THE APPEAL TO THE CIRCUIT COURT RATHER THAN
FAMILY COURT; AND TO AMEND SECTION 20-7-3030,
RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT
OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR
RENOVATIONS OF A FACILITY, SO AS TO DELETE THE
PROVISION PROHIBITING AN APPEAL OF SUCH ORDER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-2915. A statement or registration must be issued
when the religious day care operator satisfactorily completes the
procedures prescribed by this subarticle. The current statement must be
displayed in a prominent place in the facility at all times and the
registration number must be stated in all advertisements by the religious
day care center."
SECTION 2. Section 20-7-2700 b. of the 1976 Code is amended to
read:
"b. `Child day care facilities' means any a
facility which provides care, supervision, or guidance for
any a minor child who is not related by blood,
marriage, or adoption to the owner or operator of such a
the 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 an educational facility, whether private
or public, which operates solely for educational purposes in grades one
or above;
(2) four and five-year-old kindergarten programs
operated by public school systems;
(3) four and five-year-old 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) (4) summer resident or day camps for
children operated for three weeks or less;
(7) (5) Bible schools normally conducted during
vacation periods;
(8) (6) facilities for the mentally retarded
provided for in Article 3 5 of Chapter 21
20 of Title 44;
(9) (7) facilities for the mentally ill as provided
for in S 44-17-10 of the 1976 Code;
(10) (8) 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
these facilities must comply with the provisions of Sections
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 Sections 20-7-2700 through 20-7-2780 and Sections 20-7-2980
through 20-7-3090."
SECTION 3. Section 20-7-2700 f. of the 1976 Code is amended to
read:
"f. `Group day care home' means any a
facility, generally within a dwelling unit residence
occupied by the operator, 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 However, 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."
SECTION 4. Section 20-7-2700 of the 1976 Code is amended by
adding at the end:
(aa) `Summer resident or day camps for children' means a periodic
camp offered during the summer, normally of a duration not exceeding
three weeks, but the term does not include camps where a child may be
enrolled on a continuous basis throughout the summer.
(bb) `Infant' means a child age twelve months or younger.
(cc) `Toddler' means a child over age twelve months but not over
thirty months.
(dd) `Preschool age' means age thirty months through five years of
age."
SECTION 5. Section 20-7-2760(d) of the 1976 Code, as last amended
by Act 368 of 1990, is further amended to read:
"(d) The decision of the department is final unless appealed
by a party to the hearing to the family circuit 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 6. Section 20-7-2780 a. of the 1976 Code is amended to
read:
"a. Each child day care center or group day care home shall
maintain its current license displayed in a prominent place at all times
and must state its license number in all advertisements."
SECTION 7. Section 20-7-2860 a. of the 1976 Code is amended to
read:
"a. A statement of registration shall must be
issued when the family day care operator satisfactorily completes the
procedures prescribed by this subarticle. The current statement
shall must be displayed in a prominent place in the
facility at all times and the registration number must be listed in
advertisements of the family day care center."
SECTION 8. Section 20-7-2880(c) of the 1976 Code, as last amended
by Act 368 of 1990, is further amended to read:
"(c) The decision of the department is final unless appealed
by a party to the hearing to the family circuit 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 9. Section 20-7-2900 of the 1976 Code is amended to read:
"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,
investigations under Section 20-7-2730(b) and (d), and the
regulations for health and fire safety as set forth in Sections 20-7-2910
through 20-7-2970 20-7-2975 and the regulations for
mandatory child-staff ratios and employee training plans under Section
20-7-2980(b)."
SECTION 10. Section 20-7-2910 of the 1976 Code is amended to read:
"Section 20-7-2910. It shall be is 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 is 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 are no local health and safety agencies to
conduct the inspection, then the appropriate state agency will
shall conduct the inspection. The department shall register
any such the day care facility upon notification from
health and fire safety agencies that the day care facility is in compliance
with such these regulations.
The applicable regulations applied shall
must be the same health and fire safety regulations and the
regulations mandatory child-staff ratios and employee training plans
under Sections 20-7-2980 and 20-7-2990 and investigations under
Section 20-7-2730(b) and (d) that are 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 11. Section 20-7-2920 of the 1976 Code, as last amended
by Act 368 of 1990, is further amended to read:
"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 circuit 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 12. Section 20-7-2940 b. of the 1976 Code, as last
amended by Act 368 of 1990, is further amended to read:
"b. Upon appeal, the decision of the department is final unless
appealed by a party to the hearing to the family circuit
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
circuit 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 13. Section 20-7-3030 of the 1976 Code is amended to
read:
"Section 20-7-3030. The department shall have power
to may issue a declaratory order to any an
applicant regarding approval of drawings and specifications related to
construction or renovations proposed by a facility. Such
The 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 may serve as
a basis for a refusal by the department to license or approve a
facility."
SECTION 14. This act takes effect upon approval by the Governor.
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