S 726 Session 112 (1997-1998)
S 0726 General Bill, By J.V. Smith, Giese and Wilson
Similar(H 4425)
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", "GROUP DAY CARE HOME", AND "FAMILY
DAY CARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING
TO LICENSES OF CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO
REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION
20-7-2860, AS AMENDED, RELATING TO FAMILY DAY CARE HOME REGISTRATIONS, SO AS
TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION
20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS
DAY CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY WITH INSPECTION PROCEDURES
AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING;
TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH
OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED
BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED,
RELATING TO INJUNCTIONS AGAINST CHILD DAY CARE CENTERS AND GROUP DAY CARE
HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN
OPERATOR; 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 THESE ORDERS
AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF
COMPLIANCE.
05/01/97 Senate Introduced and read first time SJ-3
05/01/97 Senate Referred to Committee on Judiciary SJ-3
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", "GROUP DAY CARE HOME", AND
"FAMILY DAY CARE HOME", AND TO ADD DEFINITIONS;
TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF
CHILD DAY CARE CENTERS AND GROUP DAY CARE
HOMES, SO AS TO REQUIRE STATING THE LICENSE
NUMBER IN ADVERTISEMENTS; TO AMEND SECTION
20-7-2860, AS AMENDED, RELATING TO FAMILY DAY CARE
HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE
REGISTRATION NUMBER IN ADVERTISEMENTS; TO
AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO
REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAY
CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY
WITH INSPECTION PROCEDURES AND WITH
REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS,
AND STAFF TRAINING; TO AMEND SECTION 20-7-2910,
RELATING TO REGISTRATION AND INSPECTIONS OF
CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO
REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE
RENEWAL RATHER THAN ANNUALLY; TO AMEND
SECTION 20-7-2920, AS AMENDED, RELATING TO
INJUNCTIONS AGAINST CHILD DAY CARE CENTERS AND
GROUP DAY CARE HOMES, SO AS TO REVISE CONDITIONS
FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR;
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 THESE ORDERS
AND REQUIRE THE DEPARTMENT TO PROVIDE
CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE.
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 of registration must be issued
when the church or religious child day care operator or group day
care home operator satisfactorily completes the procedures prescribed
by this subarticle. An application for a statement of registration must
include the name and address of the director, the address of the
facility, and the number of children who may be served. Failure of
the department to approve or deny an application within ninety days
shall result in the granting of a provisional registration. The current
statement of registration must be displayed in a prominent place in
the facility at all times and the registration number must be stated in
all advertisements of the church or religious day care center or group
day care home."
SECTION 2. Section 20-7-2700 b. of the 1976 Code as last
amended by Act 444 of 1996, is further 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) 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 these facilities must
meet local fire and sanitation requirements and maintain
documentation on these requirements on file at the facility available
for public inspection;
(6)(5) school vacation or school holiday
resident or day camps for children operating in distinct
sessions running less than three weeks per session unless the day
camp permits children to enroll in successive sessions so that their
total attendance may exceed three weeks;
(6) summer resident 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 Section
44-17-10 of the 1976 Code Chapter 17, Title 44;
(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 these facilities
must comply with the provisions of Sections 20-7-2900 through
20-7-2970 20-7-2975 and provided, further,
that they these facilities may voluntarily
may 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. and g. of the 1976 Code is
amended to read:
"f. 'Group day care home' means any a
facility, generally within a dwelling unit, within a
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 care giver. Provided, However,
that an occupied residence in which child day care is
regularly provided only for a child or children related to the
resident care giver, or only for the child or children of one
unrelated family, or only for a combination of such
these children is not a group day care home.
g. 'Family day care home' means an occupied residence
a facility within a residence occupied by the operator 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 care giver. 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 care giver, or only for the child or children of one
unrelated family, or only for a combination of such
these children is not a family day care home."
SECTION 4. Section 20-7-2700 of the 1976 Code, as last amended
by Act 444 of 1996, is further amended by adding at the end:
"aa. 'Summer resident camp for children' means a twenty-four
hour residential program offered during the summer that provides
recreational activities for children.
bb. 'Summer day camp for children' means a program offered
during the summer that provides recreational activities primarily
during daytime hours throughout the period of the program and may
include an occasional overnight activity under the supervision of the
operator.
cc. 'Infant' means a child age twelve months or younger for the
purposes of this chapter."
SECTION 5. 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 of the
child day care center or group day care home."
SECTION 6. Section 20-7-2860(A) of the 1976 Code, is amended
to read:
"(A) A statement of registration must be issued when the family
day care operator satisfactorily completes the procedures prescribed
by this subarticle. The current statement must be displayed in a
prominent place in the facility at all times and the registration
number must be stated in all advertisements of the family day care
home."
SECTION 7. Section 20-7-2900 of the 1976 Code, as last amended
by Act 444 of 1996, is further amended to read:
"Section 20-7-2900. (A) No church congregation or established
religious denomination or religious college or university which does
not receive state or federal financial assistance for day care services
may operate a child day care center or group day care home unless it
complies with the requirements for registration and inspection and
the regulations for health and fire safety as set forth in Sections
20-7-2910 through 20-7-2970 20-7-2975 and
requirements applicable to private and public day care centers and
group day care homes for floor space, child-staff ratios, and staff
training. Application for registration must be made on forms
supplied by the department and in the manner it prescribes.
Registration expires at the end of one year two years
from the date of issuance of the statement of registration.
Registration may be renewed according to the procedures developed
by the department.
(B) Before issuing a registration, the department shall
conduct an investigation of the applicant. This investigation is
limited to:
(1) the results of the criminal history review required by
subsection (G);
(2) the requirements for registration and inspection and the
regulations for health and fire safety provided for in Sections
20-7-2910 through 20-7-2975; and
(3) requirements applicable to private and public day care
centers and group day care homes for floor space, child-staff ratios,
and staff training.
(B)(C) No license or registration may be issued to
a church congregation, established religious denomination, or
religious college or university if a person who provides service as an
operator, care giver, or employee at the child care facility has been
convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the
Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in
this subsection committed in other jurisdictions or under federal law.
(C)(D) Application forms for licensure or
registration issued under this subarticle must include, at the top of the
form in large bold type, a statement indicating that a person who has
been convicted of a crime enumerated in this section who applies for
a license or registration as operator is guilty of a misdemeanor and,
upon conviction, must be fined not more than five thousand dollars
or imprisoned not more than one year, or both.
(D)(E) A person applying for a license or
registration as an operator of a church or religious day care center
shall undergo a state fingerprint review to be conducted by the State
Law Enforcement Division to determine any state criminal history
and a fingerprint review to be conducted by the Federal Bureau of
Investigation to determine any other criminal history. The fingerprint
reviews required by this subsection are not required upon each
renewal.
(E)(F) Application forms for licensure or
registration issued under this chapter by the department and
application forms for employment at a facility operated by a
church congregation, established religious denomination, or
religious college or university must include, at the top of the form in
large bold type, a statement indicating that a person who has been
convicted of one of the crimes listed in this section who applies for
a license as operator, applies for employment with, is employed by,
seeks to provide care giver services with, or is a care giver at a
facility is guilty of a misdemeanor and, upon conviction, must be
fined not more than five thousand dollars or imprisoned not more
than one year, or both.
(F) (G) A person applying for a license or
registration as an operator of a church or religious day care center or
seeking employment or seeking to provide care giver services at a
church or religious day care center shall undergo a state fingerprint
review to be conducted by the State Law Enforcement Division to
determine any state criminal history and a fingerprint review to be
conducted by the Federal Bureau of Investigation to determine any
other criminal history. The fingerprint reviews required by this
subsection are not required upon each renewal unless the renewal
coincides with employment of a new operator, employee, or care
giver.
(G)(H) A person applying for renewal of a license
or registration as an operator of a church or religious day care center
licensed or registered under this chapter and a person employed or
registered under this chapter, who has not done so previously, on the
first renewal after June 30, 1996, shall undergo a state fingerprint
review to be conducted by the State Law Enforcement Division to
determine any state criminal history and a fingerprint review to be
conducted by the Federal Bureau of Investigation to determine any
other criminal history."
SECTION 8. Section 20-7-2910 of the 1976 Code is amended to
read:
"Section 20-7-2910. It shall be the responsibility of The
child day care operator to shall notify the department
of the fact of its operation and existence and to request
inspection of the facility. It shall be the responsibility of shall
submit a formal request for inspection of the child care facility to the
department. The department to shall request
that the local the appropriate state health and fire
safety agencies conduct an inspection of the facility at least
annually before renewal of the registration and more
often if necessary to insure ensure 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 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 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 9. 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 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 the facility is deemed to be out of
compliance with the provisions of Sections 20-7-2900 and
20-7-2910."
SECTION 10. Section 20-7-3030 of the 1976 Code is amended to
read:
"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 Upon request of an applicant or operator, the
department shall offer consultation to address any aspect of
compliance with this subarticle or the regulations promulgated under
this subarticle. Consultation includes, but is not limited to, review
and comment on drawings and specifications related to construction
and renovations proposed by a facility."
SECTION 11. This act takes effect October 1, 1997.
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