South Carolina Legislature


 

(Use of stop words in a search will not produce desired results.)
(For help with formatting search criteria, click here.)
spend% found 1 time.    Next
H 3985
Session 110 (1993-1994) 

H 3985 General Bill, By J.G. McAbee, P.B. Harris and W.D. Keyserling

Similar(S 727) A Bill to amend the Code of Laws of South Carolina, 1976, so as to enact the "Children's and Family Services Act of 1993" so as to establish the Department of Children's and Family Services and to create within the Department the Divisions for Aging Programs and Adult Services, Children's Services, Economic Services, Review of Foster Care of Children, to abolish the South Carolina Board of Social Services and the South Carolina Commission on Aging, to make the board of the county departments of social services advisory, to abolish the Board of the Department of Youth Services, the Board of the John De La Howe School, the Board of the Wil Lou Gray Opportunity School, and to abolish the South Carolina Board of Directors for Review of Foster Care of Children and to create an advisory board.-short title 04/14/93 House Introduced and read first time HJ-20 04/14/93 House Referred to Committee on Judiciary HJ-20


A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "CHILDREN'S AND FAMILY SERVICES ACT OF 1993" SO AS TO ESTABLISH THE DEPARTMENT OF CHILDREN'S AND FAMILY SERVICES AND TO CREATE WITHIN THE DEPARTMENT THE DIVISIONS FOR AGING PROGRAMS AND ADULT SERVICES, CHILDREN'S SERVICES, ECONOMIC SERVICES, REVIEW OF FOSTER CARE OF CHILDREN, TO ABOLISH THE SOUTH CAROLINA BOARD OF SOCIAL SERVICES AND THE SOUTH CAROLINA COMMISSION ON AGING, TO MAKE THE BOARDS OF THE COUNTY DEPARTMENTS OF SOCIAL SERVICES ADVISORY, TO ABOLISH THE BOARD OF THE DEPARTMENT OF YOUTH SERVICES, THE BOARD OF THE JOHN DE LA HOWE SCHOOL, THE BOARD OF THE WIL LOU GRAY OPPORTUNITY SCHOOL, AND TO ABOLISH THE SOUTH CAROLINA BOARD OF DIRECTORS FOR REVIEW OF FOSTER CARE OF CHILDREN AND TO CREATE AN ADVISORY BOARD; TO AMEND TITLE 43, CHAPTERS 1, 3, AND 21; 12-21-3441, 12-21-3590, 43-29-10, 43-29-20, 43-29-30, 43-29-50, 43-29-70, 43-29-80, 43-29-90, 43-38-20, 43-38-30, 20-7-30, 20-7-340, 20-7-490, 20-7-510, 20-7-520, 20-7-530, 20-7-610, 20-7-640, 20-7-650, 20-7-655, 20-7-660, 20-7-670, 20-7-680, 20-7-690, 20-7-1440, 20-7-1645, 20-7-1650, 20-7-1705, 20-7-1750, 20-7-1780, 20-7-1895, 20-7-1897, 20-7-1900, 20-7-1920, 20-7-1925, 20-7-1930, 20-7-1940, 20-7-1950, 20-7-1958, 20-7-1960, 20-7-1970, 20-7-2000, 20-7-2010, 20-7-2020, 20-7-2060, 20-7-2070, 20-7-2240, 20-7-2250, 20-7-2260, 20-7-2270, 20-7-2280, 20-7-2290, 20-7-2307, 20-7-2310, 20-7-2323, 20-7-2340, 20-7-2610, 20-7-2640, 20-7-2650, 20-7-2700, 20-7-2710, 20-7-2720, 20-7-2730, 20-7-2740, 20-7-2750, 20-7-2760, 20-7-2780, 20-7-2790, 20-7-2800, 20-7-2810, 20-7-2820, 20-7-2830, 20-7-2840, 20-7-2850, 20-7-2860, 20-7-2870, 20-7-2880, 20-7-2890, 20-7-2910, 20-7-2920, 20-7-2930, 20-7-2940, 20-7-2980, 20-7-2990, 20-7-3000, 20-7-3010, 20-7-3020, 20-7-3030, 20-7-3050, 20-7-3060, 20-7-5420, 20-7-852, 20-7-952, 20-7-955, 20-7-970, 20-7-1015, 20-7-1040, 20-7-1145, 20-7-1315, 20-7-1317, 20-7-1322, 20-7-2450, 20-7-2460, 20-7-2470, 20-7-2480, 20-7-2500; TITLE 43, CHAPTER 5, ARTICLES 1, 3, AND 5; 43-7-20, 43-7-220, 20-7-2376, 20-7-2379, 20-7-2385, 20-7-2394, 59-49-10, 59-49-70, 59-49-80, 59-49-100, 59-49-110, 59-49-140, 59-49-150, 20-7-600, 20-7-630, 20-7-770, 20-7-780, 20-7-1330, 20-7-1490, 20-7-2095, 20-7-2115, 20-7-2125, 20-7-2155, 20-7-3110, 20-7-3190, 20-7-3210, 20-7-3220, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3270, 20-7-3280, 20-7-3300, 20-7-3310, 59-51-30, 59-51-40, AND 59-51-50; AND TO REPEAL SECTIONS 20-7-2308, 20-7-2309, 20-7-2327, 20-7-2335, 20-7-2337, 20-7-2365, 20-7-2950, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3140, 20-7-3150, 20-7-3160, 20-7-3170, 20-7-3180, 20-7-3200, 20-7-3250, 59-49-20, 59-49-30, 59-49-40, 59-49-60, 59-49-90, 59-49-120; AND TO PROVIDE TRANSITION AND SEVERABILITY PROVISIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Children's and Family Services Act of 1993".

SECTION 2. Department of Children's and Family Services, General Provisions

(1) Chapter 1 of Title 43 is amended to read:

CHAPTER 1

Department of Children's and Family Services

Section 43-1-5. (A) There is created the Department of Children's and Family Services headed by a director. The director shall oversee, manage, and control the operation, administration, and organization of the department and may appoint such advisory or ad hoc committees to assist the department as needed.

(B) The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with these agencies, are transferred to and incorporated in and must be administered as part of the Department of Children's and Family Services to be initially divided into divisions for Aging Programs and Adult Services, Children's Services, Economic Services, and Review of Foster Care of Children:

(A) Commission on Aging, formerly provided for at Section 43-21-10, et seq.;

(B) Foster Care Review Board, formerly provided for at Section 20-7-2376, et seq.;

(C) John De La Howe School, formerly provided for at Section 59-49-10 et seq.;

(D) Department of Social Services, formerly provided for at Section 43-1-10, et seq;

(E) Department of Youth Services, formerly provided for at Section 20-7-3100, et seq;

(F) Wil Lou Gray Opportunity School, formerly provided at Section 59-51-30, et seq;

(G) Department of Social Services, Adult Protective Services and other Adult Services Programs, formerly provided for at Section 43-1-10, et seq. and Section 43-29-10;

(H) State Health and Human Services Finance Commission, Community Long Term Care Program, formerly provided for at Section 44-6-10, et seq;

(I) Governor's Office Long Term Care Ombudsman Division, formerly provided for at Section 43-38-10, et seq;

(J) Department of Health and Environmental Control, Home and Health Services.

Section 43-1-10. There is are created established in the State Department of Social Children's and Family Services, referred to in this Title Chapters 1, 3, 5, and 7 as the State department, with such subordinate divisions the Division of Aging Programs and Adult Services, the Division of Children's Services, the Division of Economic Services, and the Division for Review of Foster Care of Children, and other divisions as may be created or authorized by law. The State Department shall operate under the South Carolina Board of Social Services. The director of the department shall appoint a deputy director for each division and only may be dismissed for cause.

Section 43-1-20. The members of the South Carolina Board of Social Services shall be elected by the General Assembly and shall consist of a chairman elected from the State at large and one commissioner elected from each congressional district. The members first elected from the first, third and fifth districts having served for two years and until their successors have been duly elected and qualified and the chairman and members from the second, fourth and sixth districts having served for four years and until their successors have been duly elected and qualified, the successors of the original members have served and shall hereafter serve for terms of four years and until their successors have been duly elected and qualified. No member of the General Assembly shall be eligible for election as chairman or member of the Board. In case of any vacancy by death, resignation or otherwise in the office of chairman or member from any district, the Governor shall appoint a successor to serve only for the unexpired term.

Section 43-1-25. No member of the State Board of Social Services, directly or indirectly, (a) individually, (b) as a member of a partnership or of an association, (c) as a member or stockholder of a corporation, or (d) as a relative to any person by consanguinity or affinity within the second degree shall have any interest in any business which contracts with the Department of Social Services to provide services.

Section 43-1-30. Members of the Board shall receive travel and per diem as provided under the law for State Boards, Commissions and Committees.

Section 43-1-40. The Board shall meet not less than once a month on regular dates fixed by it. A majority of the Board shall constitute a quorum and decide all matters. The Board may adopt its own rules and procedure for the government of its deliberations not otherwise provided by law.

Section 43-1-50. The Board shall select as the chief executive officer and as the administrative head of the State Department a State Commissioner of Social Services, referred to in Chapters 1, 3, 5, 7, 9, 19 and 23 as the State Commissioner, who shall hold office until his successor has been elected and qualified. The Commissioner shall execute the decisions and carry out the policies of the Board and see that the laws relating to the activities and responsibilities of the Board are obeyed. He shall receive such salary as the Board shall fix, unless the General Assembly shall have fixed his compensation in the annual appropriation act or otherwise. The Board may require the Commissioner to furnish bond in such sum as the Board may require and may designate the duties of the Commissioner not otherwise specified by law.

Section 43-1-60. The State Board director of the department or his designee may create (1) a State Advisory Council of Social Children's and Family Services to consider and advise with the department on its problems and the remedies therefor, such Council not to exceed fifteen members. The members of such Council shall serve without compensation or allowance for expenses; (2) Such advisory committees as are required by Federal law or regulations regarding the programs which the department administers. These advisory committees, as are required by Federal law or regulation, shall receive travel and per diem as provided under the law for State Boards, Commissions, or Committees; and (3) Other committees the Board director may deem necessary for prudent administration of the programs administered by the department. Such committees may be reimbursed travel expenses as provided under the law and regulations for State employees but shall receive no per diem payment.

All subsistence and per diem authorized under the provisions of this section shall be paid from funds available to the department of Social Services.

Section 43-1-70. Subject to standards adopted by the State department, the State Commissioner deputy director of each division may appoint and employ, with the approval of the Board, such other officers and employees as are authorized and may be necessary to perform the duties placed upon the department respective divisions by law, and the Board shall fix their compensation unless the General Assembly shall do so, but in no event shall the Board deputy director expend any sums for purposes unauthorized by law. All such compensation shall be fixed by the State department, which shall submit to the State Budget and Control Board all proposed salaries not fixed by law, and the State Budget and Control Board shall pass upon such salaries so that the amounts paid shall be in keeping with the salaries paid to other State employees for similar service and duties. The Board deputy director may require such officers and employees to furnish bonds in such amounts as it may determine. The selection of such officers and employees shall be made entirely upon the qualification and merit of the individuals so employed.

Section 43-1-80. The State department director of the department or his designee shall supervise and administer the public welfare activities and functions family programs and services the public welfare activities and functions of the State as provided in Chapters 1, 3, 5, and 7, 9, 19, and 23 and child protective services as referred to in Title 20, Chapter 7 or as otherwise authorized by law and may act as the agent of the State, cooperate with any federal agency for the purpose of carrying out matters of mutual concern, and administer any federal funds granted the State in the furtherance of the duties imposed upon the State department. The department shall study the various social problems confronting the State, inquiring into their causes and possible cures, making such surveys, gathering such statistics, and formulating such recommended public policies in connection thereto as may be in the interest of the State, and shall make such information available in published form. The department director of the department or his designee may adopt all necessary rules and regulations and formulate policies and methods of administration, when not otherwise fixed by law, to carry out effectively the activities and responsibilities delegated to it. The aim of the department shall be to promote the unified development of welfare activities and agencies family programs and services of the State and local governments so that each agency and governmental institution may function as an integral part of a general system.

Section 43-1-90. The State department director of the department or his designee shall supervise the administration of assistance under Chapters 1, 3, 5, and 7, 9, 19 and 23 and other family programs and services. The State department shall prescribe the form of and print and supply to county departments blanks of applications, reports, affidavits and such other forms as it may deem advisable. The State department director of the department or his designee shall make rules and regulations necessary for the carrying out of the provisions of Chapters 1, 3, 5, and 7, 9, 19 and 23 to the end that assistance and other family programs and services be administered uniformly throughout the State, having regard to the varying conditions in different parts of the State, and that the spirit and purpose of Chapters 1, 3, 5, and 7, 9, 19 and 23 may be complied with. All such rules and regulations made by the State department director of the department or his designee shall be binding upon the county departments and shall be complied with by them.

Section 43-1-100. The State department may make investigations into the administration and affairs of any institution or agency, public or private, concerned with the care, custody or training of persons or the handling of problems of delinquency, dependency or defectiveness.

Section 43-1-110. The State department may cooperate with the Federal Government, its agencies or instrumentalities, in the administration of Child Welfare Services as provided in Title V, Part 3, of the Federal Social Security Act relative to establishing, extending and strengthening services for the protection and care of homeless, dependent and neglected children and children in danger of becoming delinquent in predominantly rural areas and other areas of special need and may receive and expend all funds made available to the department by the Federal Government, the State or its political subdivisions for such purposes.

Section 43-1-120. The State department may take such action as it may deem necessary, from time to time, to enable the department to secure for the State and its residents the full benefits available under the Social Security Act of Congress and any amendments thereof and under any other Federal legislation having for its purpose the improvement or extension of social and welfare assistance, family programs and services, or other services to the people of the United States. But nothing contained in this section shall be construed to authorize any action by the department in violation of the law of this State.

Section 43-1-130. The State Department of Social Children's and Family Services is authorized to pay to the appropriate Federal agency its share of the work incentive program as required by Section 443 of Title IV of the Federal Social Security Act.

Section 43-1-140. The State department shall keep proper records, including such as may be required by the Federal Government through its appropriate agency or instrumentality, and report such information and data as required.

Section 43-1-150. The State department director of the department or his designee shall promulgate regulations to comply with federal requirements on the use or disclosure of information concerning applicants or recipients of public assistance, including Medicaid. When information concerning applicants or recipients of public assistance, including Medicaid, is furnished to or held by another agency or department of government, that agency or department is required to adopt regulations to comply with federal requirements on the use or disclosure of information concerning applicants or recipients of public assistance, including Medicaid.

Section 43-1-160. No person shall use or disclose information concerning applicants or recipients of public assistance, including Medicaid, except for purposes connected with the administration of the applicable program or as authorized by state or federal regulations. A person, firm, association, corporation, or other agency violating any provision of this section, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

Section 43-1-170. The Board director of the department shall have prepared and submit to the Governor and the General Assembly an annual budget, estimating the necessary funds for discharging the duties imposed upon the department, after taking into consideration Federal funds which have been or may be allotted to the State for such purpose.

Section 43-1-190. The State Board director of the department or his designee may select the depositories for its funds pending the clearing of assistance checks and require such security on such deposits as it shall deem practicable.

Section 43-1-200. The State Board director shall designate and authorize the proper officers and employees of the State department to issue its requisition upon the Comptroller General for the payment of salaries or other expenses in the administration of Chapters 1, 3, 5, and 7, 9, 19 and 23. The Comptroller General shall draw his warrant upon the State Treasurer as directed by such requisition, and the State Treasurer shall pay such warrants by check or otherwise. In paying assistance granted to recipients in accordance with Chapters 1, 3, 5, and 7, 9, 19 and 23, the State department may include in one lump requisition the total amount it will require to meet monthly payments from the various funds set up under the provisions of Chapters 1, 3, 5, and 7, 9, 19 and 23 and disburse such assistance to the individual beneficiaries by its own checks, but attached to such lump sum requisition shall be a list of the beneficiaries and the amounts for each making up the total requisitioned.

Section 43-1-210. The Board director shall prepare and submit to the Governor and the General Assembly a full and detailed report of its activities and expenditures annually, including a statement of its personnel and the salaries paid, and shall likewise make such recommendations and suggestions as it shall deem advisable in the execution of its duties to the General Assembly.

Section 43-1-230. Notwithstanding any other provision of law, all direct services provided by the Department of Social Children's and Family Services and through agreement with other state departments or county departments under Title XX of Public Law 93-647 shall be subject to the same planning and contractual provisions required of private non-profit service providers."

(2) Chapter 3 of Title 43 is amended to read:

"Chapter 3

County Departments of Children's and

Family Services

Section 43-3-10. (A) There is created in each county of the State a county department of social children's and family services, referred to in Chapters 1, 3, 5, and 7, 9, 19 and 23 as the county department, and in each county a county board of social children's and family services, referred to in Chapters 1, 3, 5, and 7, 9, 19 and 23 as the county board, which serves only in an advisory capacity to the county director. The county board is to be composed of not less than three nor more than nine members. The members shall be appointed by the Governor upon the recommendation of a majority, including the Senator, of the county legislative delegation. The terms of the members shall be for three years and until their successors have been appointed and qualify. In case of a vacancy caused by death, removal, resignation or otherwise, such vacancy shall be filled as provided in this section, but only for the unexpired term.

(B) The county departments of children's and family services shall administer only those programs and services in the Department of Children's and Family Services as the Director of the Department of Children's and Family Services prescribes or as may be provided in law.

Section 43-3-20. Members of the county boards shall receive the same mileage as is provided by law for state boards, committees and commissions for travel in attending meetings and a per diem, the total per diem not to exceed seventy-five dollars per year.

Section 43-3-30. The members of the respective county boards shall elect one of their members as chairman. Each county board shall meet not less than once a month on regular dates fixed by it unless the State Director of the Department of Children's and Family Services or his designee shall designate other regular dates for the various county board meetings. A simple majority of the members shall constitute a quorum and may decide all matters. Each county board may adopt its own rules of procedure unless the State Department of Children's and Family Services shall promulgate uniform rules for all county boards to observe.

Section 43-3-40. Subject to rules and regulations of the State The Director of the Department of Children's and Family, each county board shall select a director, referred to in Chapters 1, 3, 5, 7 and, 9, 19 and 23 as the county director, to discharge the duties of such office. The salaries of county directors shall be fixed by the State Director of the Department of Children's and Family Services. In fixing the salaries of the various county directors the State Department Director of the Department of Children's and Family Services shall consider the individual qualifications of the respective county directors and the possibilities of their individual positions. The county director shall be the chief executive officer of the county board electing him department and shall perform such duties as are directed by the county board Director of the Department of Children's and Family Services director, in conformity to the general policies of the State department or as directed by law.

Section 43-3-50. Each county board may create a county advisory council of social services to consider and advise with the county board on its problems and the remedies therefor, such council not to exceed five members. Members of such councils shall serve without compensation or allowance for expenses.

Section 43-3-60. The respective county boards directors shall act as the representatives of the State Department of Children's and Family Services in administering such welfare activities family programs and services within the county as are provided for by law or as are directed and required by the State Department of Children's and Family Services when not otherwise provided for by law. Each of such county boards directors shall see that all laws are enforced for the protection and welfare of minors and the removal of moral menaces to the young and to safeguard and promote the health, education and general welfare of minors. Subject to the rules and regulations of the State department, each of the county boards directors may use any funds supplied to it the county department by the county in which it the department operates for such purposes as may be directed by law, in addition to its other duties. Each county board director shall serve as the agent of the State Department of Children's and Family Services in the performance of such functions as the director of the State department or his designee may delegate to it the county department.

Section 43-3-70. Each county board director shall submit to the State department at such times as the latter shall require its estimate of the necessary administrative expenses and expenditures in the county, which, when approved by the State department, shall be authority for the county board department to engage such other agents and employees as may be necessary in executing the duties and activities delegated to the county board department. All such agents and employees shall measure up to the standards fixed by the State department as to education, training, fitness and experience in social work.

Section 43-3-80. Each county board director shall prepare and submit to the State department, as required by the latter, an estimated budget for carrying out the duties and functions delegated to the said board county director, and shall maintain an accurate record of its activities and all funds received and expended by it.

Section 43-3-90. The respective county boards departments shall maintain such standards of work, procedure and records as are required by the State Department of Children's and Family Services in the discharge of their functions or in the use of any funds provided by the State department.

Section 43-3-100. The records and accounts of each county shall be maintained as prescribed by the State department and shall be subject to inspection, supervision and audit by the State department and in the same manner and with the same effect as may be provided by law for the examination of other public offices.

Section 43-3-110. Each county board director shall furnish such reports to the State Department of Children's and Family Services as the latter shall require, including reports of all receipts and disbursements for assistance, which shall be made in such manner and upon such forms as the State department may require. Each county board director shall make an annual report of its the county department's activities, receipts and disbursements to each member of the county legislative delegation, to the foreman of the county grand jury and to the clerk of court, who shall file such report in his office as a public record. Each county board director shall furnish such reports and data as may be required by the State department or the Federal Government, through its appropriate agency or instrumentality, concerning conditions within its the county, its activities and functions of the county department, and the administration of funds received by it the county department."

SECTION 3. Division of Aging Programs and Adult Services

(1) Chapter 21 of Title 43 is amended to read:

"CHAPTER 21

Division of Aging Programs and

Adult Services

Section 43-21-10. There is created the South Carolina Commission on Aging consisting of one member from each congressional district of the State, to be appointed by the Governor, upon the advice and consent of the Senate and one member from the State at large to be appointed by the Governor. The members must be citizens of the State who have an interest in and a knowledge of the problems of the aging. In making appointments to the commission, consideration must be given to mature citizens who are currently providing leadership or are interested in programs for the elderly in the State and also to the diverse problems of aging. The chairman must be elected by the members of the commission from its appointive members for a term of two years and until his successor is elected. Members of the commission shall serve without compensation but shall receive such per diem, mileage, and subsistence authorized by law for members of boards, commissions, and committees Division of Aging Programs and Adult Services in the Department of Children's and Family Services which shall be administered by a deputy director appointed by and who only may be dismissed for cause.

Section 43-21-20. The appointed members of the commission shall serve for terms of four years and until their successors are appointed and qualify. The terms of the appointed members expire on June thirtieth and all vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. No appointed members may serve more than two consecutive terms. The Governor may terminate the appointive members of the commission for cause, and the reason for the termination of such appointment must be communicated to each member of the commission.

Section 43-21-30. The commission shall meet at least six times annually unless a majority of the members vote to eliminate a meeting. No more than two meetings may be eliminated annually. Special meetings may be called by the chairman or upon written request to the chairman of a majority of the members. A majority of the members constitutes a quorum for the transaction of business. The commission shall elect a vice-chairman and any other officers it considers necessary for terms of two years each or until their successors are elected and qualify. The commission may adopt bylaws establishing rules for the conduct of its meetings and establishing policies and administrative procedures for carrying out the purposes of this chapter.

Section 43-21-40. The Commission division shall be the designated State agency to implement and administer all programs of the Federal Government relating to the aging, requiring acts within the State which are not the specific responsibility of another State agency under the provisions of Federal or State law. The Commission division may accept and disburse any funds available or which might become available pursuant to the purposes of this chapter.

The Commission division shall study, investigate, plan, promote, and execute a program to meet the present and future needs of aging citizens of the State, and it shall receive the cooperation of other State departments and agencies in carrying out a coordinated program.

It shall also be the duty of the Commission division to encourage and assist in the development of programs for the aging in the counties and municipalities of this State. It shall consult and cooperate with public and voluntary groups, with county and municipal officers and agencies, and with any Federal or State agency or officer for the purpose of promoting cooperation between State and local plans and programs, and between State and interstate plans and programs for the aging.

Without limiting the foregoing, the Commission division is specifically authorized to:

(a) Initiate requests for the investigation of potential resources and problems of the aging people of the State, encourage research programs, initiate pilot projects to demonstrate new services, and promote the training of personnel for work in the field of aging.

(b) Promote community education in the problems of older people through institutes, publications, radio, television, and the press.

(c) Cooperate with, encourage, and assist local groups, both public and voluntary, which are concerned with the problems of the aging.

(d) Encourage the cooperation of agencies in dealing with problems of the aging and offer assistance to voluntary groups in the fulfillment of their responsibility for the aging.

(e) Serve as a clearinghouse for information in the field of aging.

(f) Appoint such committees as it deems necessary for carrying out the purposes of this chapter, such committee members to serve without compensation.

(g) Engage in any other activity deemed necessary by the Commission division to promote the health and well-being of the aging citizen of this State, not inconsistent with the purposes of this chapter or the public policies of the State.;

(h) Certify homemakers and home health aides pursuant to the Federal Omnibus Budget Reconciliation Act of 1987 and subsequent amendments to that act and through regulations promulgated in accordance with the Administrative Procedures Act establish and collect fees for the administration of this certification program. Fees collected must be placed on deposit with the State Treasurer. Accounting records must be maintained in accordance with the Comptroller General's policies and procedures. Unused fees may be carried forward to the next fiscal year for the same purpose.;

(i) award grants and contracts to public and private organizations for the purpose of planning, coordinating, administering, developing, and delivering aging programs and services;

(j) designate area agencies on aging as required by the Older Americans Act;

(k) administer the Senior Citizens Center Permanent Improvement Fund established pursuant to Section 12-21-3441 and community services programs in accordance with Section 12-21-3590.

Section 43-21-50. The Commission Director of the Department of Children's and Family Services or his designee may receive on behalf of the State any grant or grant-in-aid from government sources, or any grant, gift, bequest, or devise from any other source. Title to all funds and other property received pursuant to this section shall vest in the State unless otherwise specified by the grantor.

Section 43-21-60. The commission division shall submit an annual report to the Governor and to the General Assembly on or before January first of each year. The report shall deal with the present and future needs of the elderly and with the work of the commission division during the year.

Section 43-21-70. The commission shall employ a director to be the administrative officer of the commission who shall serve at the pleasure of the commission.

Section 43-21-80. The Director deputy director of the division shall appoint employ any other personnel and consultants the commission considers necessary for the efficient performance of the duties prescribed by this chapter and shall fix the compensation therefor in accordance with the Human Resource Management Division of the State Budget and Control Board and Merit System requirements.

Section 43-21-100. The commission division shall prepare the budget for its operation which must be submitted to the State Budget and Control Board and to the General Assembly for approval.

Section 43-21-110. The General Assembly shall provide an annual appropriation to carry out the work of the Commission division.

Section 43-21-120. There is created the Coordinating Council to the Commission on Division of Aging Programs and Adult Services to work with the commission division on the coordination of programs related to the field of aging, and to advise and make pertinent recommendations to the commission division, composed of the following: the Commissioner of the State Department of Health and Environmental Control, the State Commissioner Director of Social the Department of Children's and Family Services, the Commissioner of the State Department of Mental Health Department, the Superintendent of Education, the Commissioner of the State Department of Labor, the Executive Director of the South Carolina State Employment Security Commission, the Director of the State Development Board, the Commissioner of the State Department of Vocational Rehabilitation, the Director of the Clemson University Extension Service, the Executive Director of the South Carolina Department of Parks, Recreation and Tourism, the Director of the South Carolina Retirement System, the Executive Director of the South Carolina Municipal Association, the Executive Director of the State Office of Economic Opportunity, the Executive Director of the South Carolina Association of Counties, the Commissioner of the Commission for the Blind, the Executive Director of the State Health and Human Services Finance Commission, the a representative of the Director of the State Commission on Alcohol and Drug Abuse, and the Chairperson of the State Commission on Women. The council shall meet at least once each six months and special meetings may be called at the discretion of the chairman or upon request of a majority of the members. The chairman of the commission and the deputy director of the Division of Aging Programs and Adult Services, who shall serve as secretary to the council, shall attend the meetings of the council. The director of each agency or department making up the council shall serve as chairman of the council for a term of one year. The office of chairman is held in the order in which the membership of the council is listed in this section.

Section 43-21-130. (A)There is created the Long-Term Care Council (council) composed of the following voting members:

(1) the Governor or his designee;

(2) the Commissioner Director of the Department of Social Children's and Family Services;

(3) the Commissioner of the Department of Health and Environmental Control;

(4) the Commissioner of the Department of Mental Health;

(5) the Commissioner of the Department of Mental Retardation;

(6) the Executive Deputy Director of the Commission on Division of Aging Programs and Adult Services;

(7) the Executive Director of the Health and Human Services Finance Commission;

(8) the Chairman of the Joint Legislative Health Care Planning and Oversight Committee, or his designee;

(9) the Chairman of the Joint Legislative Committee on Aging, or his designee;

(10) one representative of each of the following groups appointed by the Governor annually:

(a) long-term care providers;

(b) long-term care consumers;

(c) persons in the insurance industry developing or marketing a long-term care product.

(B) Each commissioner and executive director serving as a council member may authorize in writing a designee to vote on his behalf at two meetings a year. Members appointed by the Governor to represent private groups serve without compensation.

(C) The council shall meet at least quarterly, provide for its own officers, and make an annual report to the General Assembly before January second each year. This report must include new council recommendations.

Section 43-21-140. The council has no authority to direct or require any implementing action from any member agency. The council shall identify future policy issues in long-term care and may conduct research and demonstration activities related to these issues. Through close coordination of each member agency's planning efforts, the council shall develop recommendations for a statewide service delivery system for all health-impaired elderly or disabled persons, regardless of the persons' resources or source of payment. These recommendations must be updated annually as needed. The service delivery system must provide for:

(1) charges based on ability to pay for persons not eligible for Medicaid;

(2) coordination of community services;

(3) access to and receipt of an appropriate mix of long-term care services for all health impaired elderly or disabled persons;

(4) case management; and

(5) discharge planning and services. The council, through its member agencies, shall study and make recommendations concerning the costs and benefits of: adult day care centers, in-home and institutional respite care, adult foster homes, incentives for families to provide in-home care, such as cash assistance, tax credits or deductions, and home-delivered services to aid families caring for chronically-impaired elderly relatives.

Section 43-21-150. The Commission on Division of Aging Programs and Adult Services, with the cooperation of the Long Term Care Council and the Department of Insurance, shall develop and implement a program to educate citizens concerning:

(a) the availability of long term care services;

(b) the lifetime risk of spending some time in a nursing home;

(c) the coverage available for long term care services through Medicare, Medicaid, and private insurance policies, and the limitations of this coverage; and

(d) the availability of home equity conversion alternatives, such as reverse annuity mortgages and sale-leaseback arrangements, in this State and the risks and benefits of these alternatives. This program must be made a part of the Preretirement Education Program of the South Carolina Retirement Systems.

Section 43-21-160. (A) There is created the Eldercare Trust Fund of South Carolina to be administered by the South Carolina Commission on Division of Aging Programs and Adult Services in the Department of Children's and Family Services.

(B) All monies received from the voluntary contribution system established in Section 12-7-2419 or any other contribution, gift, or bequest must be placed on deposit with the State Treasurer in an interest-bearing account.

(C) These funds must be used to award grants to public and private nonprofit agencies and organizations to establish and administer innovative programs and services that assist older persons to remain in their homes and communities with maximum independence and dignity.

(D) The Eldercare Trust Fund shall supplement and augment programs and services provided by or through state agencies but may not take the place of these programs and services.

(E) The South Carolina Commission on Division of Aging Programs and Adult Services shall carry out all activities necessary to administer the fund.

Section 43-21-170. In administering the Eldercare Trust Fund, the commission division may, but is not limited to:

(1) assess the critical needs of the frail elderly and establish priorities for meeting these needs;

(2) receive gifts, bequests, and devises for deposit and investment into the trust fund for awarding grants to public and private nonprofit organizations;

(3) solicit proposals for programs that are aimed at meeting identified service needs;

(4) provide technical assistance to public and private nonprofit organizations, when requested, in preparing proposals for submission;

(5) establish criteria for awarding grants; and

(6) enter into contracts for the awarding of grants to public and private nonprofit organizations.

Section 43-21-180. (A) Until the assets of the trust fund exceed five million dollars, not more than seventy-five percent of the amount deposited in the trust fund each year from contributions plus all earnings from the investment of monies of the trust fund credited during the previous fiscal year, after allowances for operating expenses, is available for disbursement upon authorization of the commission division.

(B) When the assets in the trust fund exceed five million dollars, all credited earnings plus all future annual deposits to the trust fund from contributions are available for disbursement upon authorization of the commission division."

(2) Section 43-29-10(8) of the 1976 Code is amended to read:

"(8) `Department Division' means the South Carolina Division of Aging Programs and Adult Services in the Department of Social Children's and Family Services which has been designated as the single State agency for services under the Social Security Act."

(3) Section 43-29-20 of the 1976 Code is amended to read:

"Section 43-29-20. (1) The Department division may provide protective services under any of the following conditions:

(a) The person who needs or believes he needs protective service may seek such service.

(b) Any interested person may request service on behalf of a person in need of services.

(c) The Department division may provide services on behalf of any person in need of protective services.

(d) The court may request such services.

(2) All protective services shall be voluntary unless ordered by the court or requested by a parent, guardian or friend."

(4) Section 43-29-30 of the 1976 Code is amended to read:

"Section 43-29-30. (1) The department division, an agency, or a guardian may request the family court or other court exercising jurisdiction to provide protective placement of an individual for purposes of care or custody. No protective placement may be ordered unless there is a determination by the court that the individual is unable to provide for his own protection from abuse or neglect by another or himself. The court shall appoint a guardian ad litem to insure that the best interest of the person is served.

(2) The court shall give preference in making a determination to the least drastic alternative considered to be proper under the circumstances, including a preference for noninstitutional care wherever possible. Before ordering the protective placement of any individual, the court shall direct a comprehensive evaluation of the person in need of services, if such an evaluation has not already been made. The court may utilize available multidisciplinary resources in the community in determining the need for placement. The department division shall cooperate with the court in securing available resources. A copy of the comprehensive evaluation shall be provided to the guardian or to the guardian ad litem or attorney of the individual. The court obtaining the evaluation shall request appropriate information which shall include at least the following:

(a) The address of the place where the person is residing and the person or agency who is providing services at present, if any;

(b) A resume of professional treatment and services provided to the person by the department division or agency, if any, in connection with the problem creating the need for placement;

(c) A medical, psychological, social, vocational and educational evaluation and review, where necessary, and any recommendations for or against maintenance of partial rights.

(3) The department division shall make an evaluation and submit a written report at least once every six months covering the physical, mental and social condition of each person for whom it is acting and shall recommend less drastic placement or discharge where appropriate. Any record of the department division or other agency pertaining to such a person shall not be open for public inspection. Information therein shall not be disclosed publicly in such a manner as to identify individuals, but may be made available on application for cause to persons approved by the director of the department division or the court.

(4) Reasonable expenses for the evaluations required by this chapter shall be assumed by the department division. The department division shall seek appropriate Federal reimbursement for such evaluations.

(5) Prior to discharge from the care or custody of the department division, the department division shall review the need for continued protective service, including the appointment of a guardian or limited guardian. Upon recommendation by the department division the court may appoint such guardian.

(6) Placement may be made to such facilities as nursing homes, boarding homes, personal medical institutions, foster care services or to other appropriate facilities.

(7) Any person may request voluntary protective placement under this chapter. No civil rights are relinquished as a result of such placement."

(5) Section 43-29-50 of the 1976 Code is amended to read:

"Section 43-29-50. All practitioners of the healing arts having reasonable cause to believe that any person who is senile, developmentally disabled or mentally ill has been subjected to physical abuse, neglect or exploitation by another or himself shall report or cause a report to be made as follows:

(a) An oral report, by telephone or otherwise, shall be made immediately to the County Department of Social Children's and Family Services or to the county sheriff's office or chief county law-enforcement officer in the county where such person resides or is found.

(b) Within three days following such oral report, an investigation shall be made by the County Department of Social Children's and Family Services or sheriff's office or chief county law-enforcement officer and a written report prepared which will include the following:

(1) Name, age and address of such person,

(2) Nature and extent of injury suffered by such person, including any evidence of previous injury,

(3) Any other facts or circumstances known to the reporter which may aid in the future determination of guilt.

All reports prepared by the county sheriff's department or chief county law-enforcement officer shall be forwarded to the County Department of Social Children's and Family Services within twenty-four hours and vice versa."

(6) Section 43-29-70 of the 1976 Code is amended to read:

"Section 43-29-70. Pending trial of any case arising from an alleged violation of this chapter, the County Department of Social Children's and Family Services is authorized to provide for protective services for the person alleged to have been abused, neglected or exploited. If a conviction results in the case, the agency may continue such services in a private or public institution or foster home, boarding home, nursing home or other similar facility until suitable permanent arrangements, as per Section 43-29-80, can be made for the person concerned. All resources of the agency shall be utilized to insure that the abused, neglected or exploited person shall not be subject to such further abuse, neglect or exploitation. The court in the county shall, upon motion of the Department of Social Children's and Family Services, provide by order such legal protection as the court shall determine necessary to prevent such further treatment of the person concerned and provide for his care and custody."

(7) Section 43-29-80 of the 1976 Code is amended to read:

"Section 43-29-80. When a County Department of Social Children's and Family Services finds a senile, developmentally disabled or mentally ill person who is unable because of financial resources or physical or mental disabilities to provide for his basic needs for shelter, food, clothing and health care, the agency may (1) immediately provide care to the extent the person is not taken into custody or removed from his home or (2) petition the court for a temporary order authorizing the agency to take custody of and provide care for such person until suitable permanent arrangements can be made which will insure the protection of the health and safety of the person concerned. Upon a determination of the court that such agency care is urgently and immediately necessary and upon appropriate order of the court, the agency shall be authorized to assume custody and place such person in a foster home, boarding home, nursing home or other similar facility for a period not to exceed ninety days. At the proceeding to obtain the necessary order, any relative or other interested person may appear to oppose or join in the petition of the agency, but notice to such relative or interested person is not required. During the period of agency custody, all resources of the social service agency shall be utilized to provide a permanent suitable environment for the persons concerned. Before expiration of the ninety day period, a proper hearing shall be held, as per Section 43-29-30 to determine if further care is required."

(8) Section 43-29-90 of the 1976 Code is amended to read:

"Section 43-29-90. The State Department of Social Services Director of the Department of Children's and Family Services or his designee shall promulgate regulations to provide procedures for county departments of Social children's and family services in the exercise of their duties and responsibilities under this chapter."

(9) Section 12-21-3441 of the 1976 Code is amended to read:

"Section 12-21-3441. In addition to the bingo taxes levied under the provisions of Section 12-21-3440(B) of the 1976 Code, and beginning July 1, 1991, an additional one dollar is levied for each bingo player a session for sessions conducted by holders of a Class AA license and an additional fifty cents is levied for each bingo player a session for sessions conducted by holders of a Class B license each fiscal year. Nine hundred forty-eight thousand dollars of the total revenues received from bingo taxes as provided by Section 12-21-3440 and collected by the Tax Commission must be deposited monthly in equal amounts into an account in the office of the State Treasurer and called "Commission on Aging Division of Aging Programs and Adult Services Senior Citizen Centers Permanent Improvement Fund" (Fund). All interest earned on monies in the fund must be credited to the fund. The remaining revenues if any, generated by the bingo taxes must be deposited as provided in Section 12-21-3590."

(10) Section 12-21-3590(C) of the 1976 is amended to read:

"(C) Twelve and one-half percent of the annual revenue derived from the provisions of this article which is collected from bingo within the State must be deposited with the State Treasurer to be credited to the account of the South Carolina Commission on Aging Division of Agency Programs and Adult Services. This amount must be allocated to each county for distribution in home community services for the elderly as follows:

(1) One-half of the funds must be divided equally among the forty-six counties.

(2) The remaining one-half must be divided based on the percentage of the county's population age sixty and above in relation to the total state population using the latest report of the United States Bureau of the Census.

(3) The aging service providers receiving these funds must be agencies recognized by the South Carolina Commission on Aging Division of Aging Programs and Adult Services and the Area Agencies on Aging. Section 12-21-3600. A promoter of a bingo game who pays a winner a prize valued at one thousand dollars or more shall record the name, address, and social security number of the winner and the value of the prize he received and shall report the information to the Tax Commission quarterly."

(11) Section 43-38-20 of the 1976 Code is amended to read:

"Section 43-38-20. The ombudsman of the office of the Governor Division of Aging Programs and Adult Services is authorized to investigate any problem or complaint on behalf of any interested party or any client, patient, or resident of any facility as defined in this chapter. In carrying out the investigation, he the division may request and receive written statements, documents, exhibits, and other items pertinent to the investigation. These items include medical records of a general hospital in which a client, patient, or resident has been treated during the period under investigation. General hospitals are authorized to release the medical records to the ombudsman division upon his written request without the necessity of patient authorization. Any files maintained by the ombudsman program shall division must be disclosed only at the discretion of the ombudsman having authority over the disposition of such files deputy director, except that the identity, disease, or illness of any complainant or resident of a long-term care facility shall not be disclosed by such ombudsman the deputy director unless:

(i) such complainant or resident, or his legal representative, consents in writing to such disclosure; or

(ii) such disclosure is required by court order. Following the investigation he the deputy director may issue such report and recommendations as in his the deputy director's opinion will assist in improving the facility under investigation."

(12) Section 43-38-30 of the 1976 Code is amended to read:

"Section 43-38-30. All departments, officers, agencies, and employees of the State shall cooperate with the ombudsman Division of Adult Programs and Aging Services in carrying out his duties pursuant to the provisions of this chapter."

SECTION 4. Division of Children's Services

(1) Section 20-7-30 of the 1976 Code is amended by adding at the end:

"(10) `Division of Children Services' means the Division of Children's Services in the Department of Children's and Family Services."

(2) Section 20-7-340(E) of the 1976 Code is amended to read:

"(E) This section does not apply to persons having custody or charge of a minor under the authority of a state agency or a county social services department of children's and family services or to state agencies or county departments of social children's and family services which have legal custody or charge of a minor."

(3) Section 20-7-490(I) of the 1976 Code is amended to read:

"(I) "Protective Services Unit" means the unit established within the Department of Social Division of Children's Services which shall have prime responsibility for state efforts to strengthen and improve the prevention, identification and treatment of child abuse and neglect."

(4) Section 20-7-490(O) of the 1976 Code is amended to read:

"(O) "Local child protective service agency" means the agency or department of Social children's and family services in a county or contiguous counties having prime responsibility for local efforts to strengthen and improve the prevention, identification, and treatment of child abuse and neglect."

(5) Section 20-7-490(R) of the 1976 Code is amended to read:

"(R) "Affirmative determination" means a finding that more likely than not the child was abused or neglected by the person who is alleged or determined to have abused or neglected the child and who is mentioned by name in a report or finding. This finding may be made only by:

(1) the court;

(2) the Department of Social Children's and Family Services upon a final agency decision in its appeals process; or

(3) waiver by the subject of the report of his right to appeal. If an affirmative determination is made by the court after an affirmative determination is made by the Department of Social Children's and Family Services, the court's finding shall be the affirmative determination."

(6) Section 20-7-510(C) of the 1976 Code is amended to read:

"(C) Reports of child abuse or neglect made pursuant to this section may be made orally, by telephone or otherwise to the county department of social children's and family services, or in the alternative, to a law enforcement agency in the county where the child resides or is found.

(1) Where reports are made pursuant to this section to a law enforcement agency, it shall notify the county department of social children's and family services of its response to the report at the earliest possible time.

(2) Where a county or contiguous counties have established local child protective services, pursuant to Section 20-7-650, county departments of social children's and family services shall immediately transfer reports pursuant to this section to the service."

(7) Section 20-7-520 of the 1976 Code is amended to read:

"Section 20-7-520. Any person required under subsection (A) of Section 20-7-510 to report cases of suspected child abuse or neglect, including workers of the local child protective service agency, who has reason to believe that a child has died as result of child abuse or neglect, shall report that fact to the appropriate medical examiner or coroner. Any other person who has reason to believe that a child has died as a result of child abuse or neglect may report that fact to the appropriate medical examiner or coroner. The medical examiner or coroner shall accept the report for investigation and shall report his findings to the appropriate law enforcement agency, circuit solicitor's office, the local child protective service agency or county department of social children's and family services and, if the institution making a report is a hospital, to the hospital."

(8) Section 20-7-530 of the 1976 Code is amended to read:

"Section 20-7-530. Any person required to report under Section 20-7-510 may take, or cause to be taken color photographs of the areas of trauma visible on a child who is the subject of a report and, if medically indicated, cause to be performed a radiological examination of the child without the consent of the child's parents or guardians. All photographs, negatives, and copies of them shall be sent to the appropriate local child protective service agency or county department of social children's and family services at the time a report pursuant to Section 20-7-510 is made, or as soon thereafter as possible."

(9) Section 20-7-610(B) of the 1976 Code is amended to read:

"Section 20-7-610. (B) Where a child's parent, parents, or guardian has been arrested or the child has become lost accidentally and as a result the child's welfare is threatened due to loss of adult protection and supervision, the child may be taken into protective custody pursuant to this section if:

(1) In the circumstance of arrest, the parent, parents, or guardian does not consent in writing within twenty-four hours to another person assuming physical custody of the child;

(2) In the circumstance of a lost child, a search by law enforcement has not located the parent, parents, or guardian within twenty-four hours. No placement with a parent, an immediate family member, a guardian, or a relative is required under this subsection where the law enforcement officer believes in good faith that the placement would expose the child to harm as defined in Section 20-7-490(C) or if the individual cannot or will not take placement of the child within twenty-four hours. Where a child is held awaiting placement for up to twenty-four hours under this subsection, the local county department of social children's and family services shall provide up to twenty-four hours of shelter for the child in a licensed foster home or shelter. While the child is under care for this twenty-four hour period in a designated foster home the local county department of social children's and family services may provide for the routine needs of the child. Upon expiration of the twenty-four hour period during which the child awaits placement and where there is no alternative placement determined by law enforcement to be available under this subsection, the law enforcement officer shall take protective custody of the child as a dependent child or as a suspected abused and neglected child and shall comply with all other provisions of this section. Law enforcement and the South Carolina Department of Social Division of Children's Services jointly shall develop uniform procedures to ensure the orderly implementation of the requirements of this subsection, and those procedures must be submitted to the joint legislative committee on children within sixty days of this subsection's effective date."

(10) Section 20-7-640 of the 1976 Code is amended to read:

"Section 20-7-640. (A) The Department of Social Division of Children's Services may maintain a toll-free number available to persons throughout the State for the referral of family-related problems, including:

(1) The reporting of known or suspected cases of child abuse or neglect.

(2) Other problems of a nature which may affect the stability of family life.

Such telephone service shall operate continuously:

Upon receipt of a call involving suspected abuse or neglect, the Department of Social Services division shall transmit the full contents of the report to the appropriate local child protective service agency. Immediately upon transmitting the report the Department of Social Services division shall destroy the contents of the suspected report.

Upon receipt of a call involving other problems, of a nature which may affect the stability of family life, the Department of Social Services division shall refer the call to the appropriate local child protective service agency or other service agency where appropriate.

(B) The Department of Social Services division shall have within it a separate organizational unit administered within the Department division with qualified staff and resources sufficient to fulfill the purposes and functions assigned to it by this article.

(C) State Department of Social Services Division responsibilities shall include, but not be limited to: assigning and monitoring initial child protection responsibility through periodic review of services offered throughout the State; assisting in the diagnosis of child abuse and neglect; coordinating referrals of known or suspected child abuse and neglect; measuring the effectiveness of existing child protection programs and facilitating research, planning and program development; and establishing and monitoring a statewide central registry for child abuse and neglect as hereinafter provided.

(D) The county department of Social children's and family services in each county is designated as the Child Protective Service Agency, whose duties are set forth in Section 20-7-650. The county in which the child resides shall be the legal place of venue; provided, that in conjunction with the powers enumerated in this section, each county Board director of Social children's and family services shall appoint an advisory board to be composed of resident professionals in the county in which the child resides in the fields of medicine, including nurses, education, health, social workers, members of the clergy and law enforcement officials, if available for the purpose of determining the course of protective action to be taken by the county department of Social children's and family services. These recommendations are to be deemed advisory only. These appointments to the advisory board shall be made in a nondiscriminatory manner.

(E) The State Department of Social Director of the Department of Children's and Family Services or his designee may adopt all necessary rules and regulations and formulate policies and methods of administration to carry out effectively child protective services, activities, and responsibilities."

(11) Section 20-7-650(P) of the 1976 Code is amended to read:

"(P) The agency in all instances shall act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Director of the Department of Children's and Family Services or his designee pursuant to this chapter."

(12) Section 20-7-655(A), (B), and (H) of the 1976 Code are amended to read:

"Section 20-7-655. (A) The Department of Social Division of Children's Services shall provide a child protective services appeals process for review of indicated reports not otherwise being brought before the family court for disposition. The appeals hearing shall be scheduled and conducted in accordance with the department's Department of Children's and Family Services fair hearing regulations.

(B) The commissioner Director of the Department of Children's and Family Services or his designee shall appoint a child protective services appeals committee for each case decision which is appealed. The committee must be comprised of three officials or employees of the Department of Social Division of Children's Services or of a county department of children's and family services, none of whom may be a resident of or employed by the local child protective services agency in the county where the case originates or a member of the investigative unit which investigated the case if the case decision being appealed involves institutional abuse.

(H) When the appeals procedure is used for institutional abuse cases investigated by the Department of Social Division of Children's Services, the investigative unit of the Department of Social Services division shall be substituted for the local child protective services agency for purposes of all notices and the case documentation review."

(13) Section 20-7-660 of the 1976 Code is amended to read:

"Section 20-7-660. (A) The Department of Social Division of Children's Services' Protective Services Unit and the local child protective services agencies shall, on a continuing basis, inform all persons required to report under this article of the nature, problem and extent of child abuse and neglect and of their duties and responsibilities in accordance with this article. The Department of Social Services division and local agencies shall also, on a continuing basis, conduct training programs for local agency staffs as well as appropriate training for persons required to report under this article.

(B) The Department of Social Services Division of Children's Services' Protective Services Unit and the local child protective services agencies shall, on a continuing basis, inform the public of the nature, problem and extent of the child abuse and neglect and of the remedial and therapeutic services available to children and their families. The Department of Social Services division and the local agencies shall also encourage families to seek help consistent with Section 20-7-500.

(C) The Department of Social Services division's Protective Services Unit and the local child protective services agencies shall, on a continuing basis, actively publicize the appropriate telephone numbers to receive reports of suspected child abuse and neglect, including the twenty-four hour, statewide, toll-free telephone service and respective numbers of the local child protective services agencies."

(14) Section 20-7-670 of the 1976 Code is amended to read:

"Section 20-7-670. (A) The Department of Social Services Child division's Protective Services Unit is empowered to receive and investigate reports of institutional abuse and neglect and the Director of the Department of Children's and Family Services or his designee shall promulgate regulations consistent with this authority to investigate the reports and take remedial action, if necessary. In no case does the Department of Social Services division have responsibility for investigating allegations of abuse and neglect in institutions operated by the Department of Social Services division. The Department of Social Services division shall take whatever steps it considers necessary to inform potential reporters of institutional abuse and neglect of its responsibilities under this section.

(B) Subject to the provisions of subsection (A), the State Law Enforcement Division is empowered to receive and investigate reports of institutional abuse and neglect alleged to have occurred in any institution operated by the Department of Social Children's and Family Services and may promulgate regulations consistent with this authority to investigate the reports and take remedial action, if necessary. The agency shall take whatever steps it considers necessary to inform potential reporters of institutional abuse and neglect of its responsibilities under this section.

(C) Notwithstanding the provisions of subsection (A) nor any other provision of this article, the Department of Social Services division may not investigate any allegation of abuse or neglect of a child where the child is in the custody of or a resident of a public or private health facility, institution, or agency licensed by the Department of Health and Environmental Control or operated by the Department of Mental Health. All of these allegations of abuse and neglect must be investigated by the ombudsman of the office of the Governor pursuant to Sections 43-30-10 through 43-30-100 and Sections 43-38-10 through 43-38-50."

(15) Section 20-7-680(B), (C), and (D) of the 1976 Code is amended to read:

"(B) The State Department of Social Division of Children's Services shall maintain a Central Registry of Child Abuse and Neglect within the Department of Social Services child division's Protective Services Unit. The registry shall receive and maintain reports of child abuse and neglect from local child protective service agencies, and it shall release information to persons and agencies only as authorized by Section 20-7-690. Reports of child abuse and neglect must be maintained on the registry in one of four categories: Suspected, Unfounded, Indicated, or Affirmative Determination. All initial reports shall be deemed suspected. Reports of suspected child abuse and neglect must be maintained on the registry for no more than sixty days after the report was received by the agency. On or before the expiration of that time, they must be converted into either unfounded or indicated reports, pursuant to the agency's investigation. Upon an affirmative determination, indicated reports must be converted to the category of "affirmative determination".

(1) Indicated reports and affirmative determinations may be maintained on the Central Registry of Child Abuse and Neglect only when accompanied by a description of the services being provided the child and those responsible for his welfare, as well as all relevant dispositional information.

(2) Unfounded reports must be classified "Unfounded by reason of insufficient evidence".

(3) If no finding has been made by the agency after sixty days from the date a report was received, the report must be classified "Unfounded for want of an investigation".

(C) Local child protective service agencies shall transmit immediately any data required by the Department of Social Services division for purposes of statistical analysis and data gathering, subject to the limitations imposed on identifying characteristics contained in subsections (F) and (G) of Section 20-7-650.

(D) The Department of Social Services division shall furnish annually to the Governor and the General Assembly a report on the incidence and prevalence of child abuse and neglect in South Carolina, the effectiveness of services provided throughout the State to protect children from such harm, and any other data deemed instructive."

(16) Section 20-7-690 of the 1976 Code is amended to read:

"Section 20-7-690. (A) All reports made and information collected pursuant to this article maintained by the State Department of Social Division of Children's Services, local child protective service agencies, and the Central Registry of Child Abuse and Neglect are confidential. Any person who disseminates or permits the unauthorized dissemination of the information is guilty of a misdemeanor and upon conviction must be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.

(B) All reports made and information collected as described in subsection (A) must be made available to the ombudsman of the office of the Governor and to any person appointed as a child's guardian ad litem and the child's attorney pursuant to Section 20-7-110.

(C) Information contained in reports described in subsection (A) must not be made available to any individual or institution except:

(1) appropriate staff of the State Department of Social Services division, local child protective services agencies, any person or agency having legal responsibility or authorization to care for, treat, or supervise the child or the child's family, multidisciplinary evaluation teams empaneled by the agencies, and law enforcement agencies investigating suspected cases of abuse and neglect;

(2) any person who is the subject of a report or that person's attorney, subject to the qualifications provided in subsection (D);

(3) family courts conducting child abuse and neglect or child protective proceedings;

(4) any person engaged in a bona fide research purpose, with written permission of and with any limitations imposed by the Commissioner of the State Department of Social Services Director of the Department of Children's and Family Services or his designee;

(5) [Deleted]

(D) Any person who is the subject of a report made pursuant to this article must be immediately notified of the fact that his name has been recorded by the State Department of Social Services division, the local child protective services agency and, if applicable, the Central Registry of Child Abuse and Neglect. He must also be informed of the findings of the investigation and whether or not his name has been destroyed in accordance with this article. Any person who is the subject of a report must be informed of his right to inspect the report and any substantiating data or evidence and his right to challenge any part of its contents. The only details of the report which must be withheld from the subject's knowledge or inspection are the name, address, occupation, and all other identifying characteristics of the reporter.

(E) For the purpose of this section, "any person who is the subject of a report" means any person who is alleged or determined to have abused or neglected the child, who is mentioned by name in a report or finding.

(F) All reports made available to persons pursuant to this section must indicate whether or not an appeal is pending on the report pursuant to Section 20-7-655."

(17) The first undesignated paragraph of Section 20-7-1440 of the 1976 Code is amended to read:

"In delinquency, dependency, and neglect actions, no court fee may be charged against, and no witness fee is allowed to a party to a petition. No officer of this State or of a political subdivision of this State may receive a fee for the service of process or for attendance in court in the proceeding, except that in divorce proceedings the officer is allowed the fee provided by law and except when the sheriff or clerk of court has entered into a cooperative agreement with the South Carolina Department of Social Children's and Family Services, Division of Economic Services, Office of Child Support pursuant to Title IV-D of the Social Security Act for the reimbursement of federal matching funds. All other persons acting under orders of the court may be paid for services or service of process the fees provided by law for like services in cases before the circuit court, to be paid from the appropriation provided when the allowances are certified to by the judge."

(18) Section 20-7-1645 of the 1976 Code is amended to read:

"Section 20-7-1645. A state agency which places a child in a foster home may compensate a foster family, who has made its private residence available as a foster home, for the uninsured loss it incurs when its personal or real property is damaged, destroyed, or stolen by a child placed in its home, if the loss is found by the Commissioner director of the placing state agency, or his designee, to have occurred, to have been caused solely or primarily by the acts of the child placed with the foster family, and if the acts of the foster family have not in any way caused or contributed to the loss. Compensation may not be in excess of the actual cost of repair or replacement of the damaged or destroyed property but in no case may compensation exceed five hundred dollars for each occurrence."

(19) Section 20-7-1650(e) of the 1976 Code is amended to read:

"(e) "Child placing agency" or "agency" means the State Department of Social Children's and Family Services, Division of Children's Services, and any person or entity which is licensed pursuant to Sections 20-7-2230 through 20-7-2290 which receives children for placement for adoption. A person who facilitates the placement of a child for the purpose of adoption who otherwise is not required to be licensed pursuant to Sections 20-7-2230 through 20-7-2290 is not required to be licensed in order to act in this capacity."

(20) Section 20-7-1705(A)(3) of the 1976 Code is amended to read:

"(3) a person certified by the State Department of Social, Division of Children's Services, pursuant to Section 20-7-1750, to obtain consents or relinquishments;"

(21) Section 20-7-1750 of the 1976 Code is amended to read:

"Section 20-7-1750. With the exception of the persons provided for in Section 20-7-1705(A)(1), (2), and (4), any person obtaining a consent or relinquishment for the purpose of adoption must be certified by the State Department of Social Division of Children's Services. Any person conducting an investigation for the adoption of a child pursuant to Section 20-7-1740 also must be certified by the department division. However, where the adoption petitioner or prospective adoption petitioner is a nonresident of this State, a South Carolina family court may authorize a qualified nonresident to conduct any investigations required under Section 20-7-1740. The department Director of the Department of Children's and Family Services or his designee shall promulgate regulations to provide for the following: certification of investigators; issuance, monitoring, and revocation of certificates; and sanctioning of noncompliance with regulations. Any person certified by the department division may charge a fee which may not exceed the reasonable costs of the services rendered. The fee must be approved by the department division during the certification process. The department division shall develop, revise, and publish quarterly a directory of persons certified pursuant to this section. A reasonable fee may be charged by the department division for copies of this directory."

(22) Section 20-7-1780(C) of the 1976 Code is amended to read:

"(C) All files and records pertaining to the adoption proceedings in the State Department of Social Division of Children's Services, or in any authorized agency, or maintained by any person certified by the department division under the provisions of Section 20-7-1750, are confidential and must be withheld from inspection except upon court order for good cause shown."

(23) Section 20-7-1895 of the 1976 Code is amended to read:

"Section 20-7-1895. (A) The State Department of Social Division of Children's Services shall establish, either directly or through purchase of services, a statewide adoption exchange with a photograph listing component.

(B) The adoption exchange must be available to serve all authorized, licensed child-placing agencies in the State as a means of recruiting adoptive families for any child who meets one or more of the following criteria:

(1) The child is legally free for adoption.

(2) The child has been permanently committed to the department division or to a licensed child-placing agency.

(3) The court system requires identification of an adoptive family for the child before ties to the biological parents are severed.

(4) The department division has identified adoption as the child's treatment plan.

(C) The department division shall register with the adoption exchange each child in its care who meets any one or more of the above criteria and for whom no adoptive family has been identified. This registration must be made at least thirty days from the determination date of the child's adoptable status and updated at least monthly.

(D) If an adoption plan has not been made within at least three months from the determination date of the child's adoptable status, the department division shall provide the adoption exchange with a photograph, description of the child, and any other necessary information for the purpose of recruitment of an adoptive family for the child, including registration with the photograph listing component of the exchange which must be updated monthly. The department division shall establish criteria by which a determination may be made that recruitment or photograph listing is not required for a child. The department division also shall establish procedures for monitoring the status of children for whom that determination is made.

(E) In accordance with guidelines established by the department division, the adoption exchange may accept from licensed child-placing agencies, referrals and registration for recruitment and photograph listing of children meeting the criteria of this section.

(F) The department division shall refer appropriate children to regional and national exchanges when an adoptive family has not been identified within one hundred eighty days of the determination of the child's adoptable status. The department division shall establish criteria by which a determination may be made that a referral to regional or national exchanges is not necessary, and the department division shall monitor the status of those children not referred. Only a "special needs child", as defined in Section 20-7-1650(j), may be referred under the provisions of this subsection.

(G) The department division shall provide orientation and training to appropriate staff regarding the adoption exchange procedures and utilization of the photograph listing component."

(24) Section 20-7-1897 of the 1976 Code is amended to read:

"Section 20-7-1897. The Adoption and Birth Parent Services Program within the South Carolina Department of Social Division of Children's Services is the only public adoption program in South Carolina."

(25) Section 20-7-1900 of the 1976 Code is amended to read:

"Section 20-7-1900. The purpose of this subarticle is to supplement the South Carolina adoption law by making possible through public supplemental benefits the most appropriate adoption of each child certified by the Department of Social Division of Children's Services as requiring a supplemental benefit to assure adoption."

(26) Section 20-7-1920 of the 1976 Code is amended to read:

"Section 20-7-1920. As used in this article:

(1) "Child" means an individual up to twenty-one years of age;

(2) "Supplemental benefits" means payments made by the State Department of Social Children's and Family Services to provide services, including medical subsidies for payment for treatment pursuant to Section 20-7-1955, for children who without these services may not have been adopted;

(3) `Department Division' means the Department of Social Children's and Family Services, Division of Children's Services."

(27) Section 20-7-1925 of the 1976 Code is amended to read:

"Section 20-7-1925. In order for a child to be eligible for supplemental benefits the department division shall determine that the child legally is free for adoption, the child has been placed for adoption by the department division, and one of the following provisions applies to the child:

(1) is a special needs child pursuant to Section 20-7-1650(j);

(2) is at high risk of developing a physical, mental, or emotional disability;

(3) is one for whom other factors, as determined by the department division, interfere with the child's ability to be placed for adoption;

(4) has established significant emotional ties with prospective adoptive parents while in their care as a foster child, and it is considered by the agency to be in the best interest of the child to be adopted by the foster parents."

(28) Section 20-7-1930 of the 1976 Code is amended to read:

"Section 20-7-1930. The department division shall establish and administer an ongoing program of supplemental benefits for adoption. Supplemental benefits and services for children under this program must be provided out of funds appropriated to the department division for these purposes."

(29) Section 20-7-1940 of the 1976 Code is amended to read:

"Section 20-7-1940. A child meeting criteria specified in Section 20-7-1925 for whom the department division believes supplemental benefits are necessary to improve opportunities for adoption is eligible for the program. The agency shall document that reasonable efforts have been made to place the child in adoption without supplemental benefits through the use of adoption resource exchanges, recruitment, and referral to appropriate specialized adoption agencies."

(30) Section 20-7-1950(A) of the 1976 Code is amended to read:

"(A) When the department division determines that a child is eligible for supplemental benefits, a written agreement must be executed between the parents and the department."

(31) Section 20-7-1958 of the 1976 Code is amended to read:

"Section 20-7-1958. At the time of placement for adoption, the department division shall inform in writing the prospective adoptive parents of the:

(1) availability of supplemental benefits;

(2) conditions for which the supplemental benefits are available;

(3) procedure for application for supplemental benefits."

(32) Section 20-7-1960 of the 1976 Code is amended to read:

"Section 20-7-1960. A decision concerning supplemental benefits by the department division which the adoptive parents consider adverse to the child is reviewable according to department regulations."

(33) Section 20-7-1970 of the 1976 Code is amended to read:

"Section 20-7-1970. The department Director of the Department of Children's and Family Services or his designee shall promulgate regulations to carry out the provisions of this subarticle."

(34) Section 20-7-2000 of the 1976 Code is amended to read:

"Section 20-7-2000. The "appropriate public authorities" as used in subsection 3 of the Interstate Compact on the Placement of Children, with reference to this State, means the South Carolina Department of Social Children's and Family Services, Division of Children's Services for adoptive and foster care purposes. The department division shall receive and act with reference to notices required by subsection 3."

(35) Section 20-7-2010 of the 1976 Code is amended to read:

"Section 20-7-2010. As used in item (a) of subsection 5 of the Interstate Compact on the Placement of Children, "appropriate authority in the receiving state" with reference to this State means the Department of Social Children's and Family Services, Division of Children's Services as the compact administrator."

(36) Section 20-7-2020 of the 1976 Code is amended to read:

"Section 20-7-2020. The officers and agencies of this State and its subdivisions having authority to place children are empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to item (b) of subsection 5 of the Interstate Compact on the Placement of Children. Any agreement which contains a financial commitment or imposes a financial obligation of this State or subdivision or agency of it is not binding unless it has the approval in writing of the State Treasurer in the case of the State and of the Commissioner director of the Department of Social Children's and Family Services in the case of a subdivision of the State, as their respective functions and duties may appear and be appropriate pursuant to this subarticle."

(37) Section 20-7-2060 of the 1976 Code is amended to read:

"Section 20-7-2060. As used in subsection 7 of the Interstate Compact on the Placement of Children, "executive head" means the Governor. The Governor is authorized to designate the Department of Social Children's and Family Services, Division of Children's Services as the compact administrator in accordance with the terms of subsection 7."

(38) Section 20-7-2070 of the 1976 Code is amended to read:

"Section 20-7-2070. The Department of Social Services Director of the Department of Children's and Family Services or his designee shall promulgate procedures to govern all aspects of interstate adoptive and interstate foster care placements."

(39) Section 20-7-2240 of the 1976 Code is amended to read:

"Section 20-7-2240. The provisions of this subarticle shall not apply to:

(1) Child welfare agencies existing on March 9, 1956, and operating under the active supervision of a governing board representing an established religious denomination, except as these agencies voluntarily assume the obligations and acquire the rights provided by this subarticle.

(2) The State Children's Bureau.

(3)(2) Any children's home or institution to which State funds are appropriated.

(4)(3) The John de la Howe School in McCormick County; provided, that the board of trustees of that school may elect to be licensed by the Department, in which case the board of trustees school shall request, by resolution, the Department division to license the John de la Howe School. When a license has been issued to the John de la Howe School by the Department division, pursuant to the terms of this subarticle, the school shall be bound by all rules and regulations promulgated by the Department Director of the Department of Children's and Family Services or his designee relating to licensing standards and other matters pertaining thereto.

(5)(4) Rescue missions, or other similar charitable institutions, organized before May 8, 1959, for the purpose of providing temporary care and custody of children and other needy persons and operating under a local board of trustees pursuant to and duly authorized by law."

(40) Section 20-7-2250 of the 1976 Code is amended to read:

"Section 20-7-2250. The Department Director of the Department of Children's and Family Services or his designee shall administer the provisions of this subarticle and shall make and promulgate such rules and regulations relating to licensing standards and other matters as may be necessary to carry out the purposes of this subarticle."

(41) Section 20-7-2260 of the 1976 Code is amended to read:

"Section 20-7-2260. The Department division may revoke the license of any child welfare agency which fails to maintain the proper standards of care and service to children in its charge or which violates any provision of this subarticle. No license shall be revoked or its renewal refused except upon thirty days' written notice thereof. Upon appeal from such revocation or refusal to renew a license, the Department shall, after thirty days' written notice thereof, hold a hearing, at which time the agency shall be given an opportunity to present testimony and confront witnesses. An appeal of the agency's decision may be made to an administrative law judge pursuant to the Administrative Procedures Act."

(42) Section 20-7-2270 of the 1976 Code is amended to read:

"Section 20-7-2270. A licensed child welfare agency may place children in family homes for care, if authorized to do so by the Department division. Any child so placed may be taken from such family home when the child welfare agency responsible for his care is satisfied that the child's welfare requires such action."

(43) Section 20-7-2280 of the 1976 Code is amended to read:

"Section 20-7-2280. No officer, agent or employee of the Department division or a child welfare agency shall directly or indirectly disclose information learned about the children, their parents or relatives or other persons having custody or control of them."

(44) Section 20-7-2290 of the 1976 Code is amended to read:

"Section 20-7-2290. Any person and any officer, agent or employee of the Department division or of a child welfare agency who violates any of the provisions of this subarticle, or who shall intentionally make any false statement to the Department division shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment, in the discretion of the court."

(45) Section 20-7-2307 of the 1976 Code is amended to read:

"Section 20-7-2307. The department division shall take all actions necessary to achieve accreditation of its adoption program by a nationally recognized accreditation organization, such as the Council on Accreditation of Services for Families and Children, as soon as practicable."

(46) Section 20-7-2310 of the 1976 Code is amended to read:

"Section 20-7-2310. The Department of Social Children's and Family Services, Division of Children's Services shall administer an adoption program on behalf of the State. Adoption services must be available statewide. The adoption program provided by the department division must be a centrally administered state program. The department Director of the Department of Children's and Family Services or his designee shall designate regions which will be administered by the state office. The adoption unit shall constitute a separate and distinct unit within the department division so as to assure specialization of effort and effective access to the commissioner department director. This unit must be staffed with qualified personnel professionally trained in the social work or other related fields. The department division shall continually evaluate its staffing, functions, policies, and practices on the basis of nationally recognized standards. A committee to advise the department The Director of the Department of Children's and Family Services or his designee must appoint a committee to advise the division on all children's services must be appointed by the State Board of Social Services. Persons appointed to the committee must be knowledgeable on adoption, protective services, foster care, and other children's services."

(47) Section 20-7-2323 of the 1976 Code is amended to read:

"Section 20-7-2323. The Department of Social Services division, before it may accept as a client a parent or parents, or prospective parent or parents who wish to relinquish their child for adoption, must first provide them with an informational brochure which outlines the services available from and the procedure used to select adoptive parents by the Department division and by the licensed private adoption agencies in this State. It must also contain a listing of the licensed private adoption agencies in this State. The information contained in the brochure relating to the private adoption agencies must be jointly authored by the private adoption agencies and furnished to the Department division. The Department division may not accept the above persons as clients until a period of forty-eight hours has elapsed from the time they are furnished this brochure, and the Department division upon accepting these persons as clients must have them sign an affirmative statement that they have received this brochure and this statement must be kept in the adoption file maintained by the Department division."

(48) Section 20-7-2340 of the 1976 Code is amended to read:

"Section 20-7-2340. The department division shall establish fees for certain adoption and related services. The fees must be charged on a scale related to income as established by the state board division, but the inability to pay a fee does not preclude the providing of any service. A fee may not be charged for the placement of a child with special needs, as defined by the South Carolina Adoption Act of 1986, into an adoptive home. Fees collected under this section must be forwarded to the State Treasurer who shall hold them in a separate account. These funds may be expended only as provided for by the General Assembly. Of the funds authorized to be expended, not less than seventy-five percent must be used for the sole purpose of paying for the medical and maternity home expenses incurred by clients (1) who are pregnant, (2) who have requested the services of the Department of Social Services division in planning for permanence for their child, and (3) for whom other public or private funds are not available, and the remainder of the funds may be used to defray other operating expenses related to adoption service delivery."

(49) Section 20-7-2610(A) of the 1976 Code is amended to read:

"Section 20-7-2610. (A) The State Department of Social Children's and Family Services, Division of Children's Services may develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of this State with other states to implement one or more of the purposes set forth in this subarticle. The compact has the effect of law."

(50) Section 20-7-2640 of the 1976 Code is amended to read:

"Section 20-7-2640. (A) A child with special needs who is a resident in the State who is the subject of an adoption assistance agreement with another state may receive medical assistance identification from this State upon the filing with the Department of Social Division of Children's Services of a certified copy of the agreement obtained from the adoption assistance state. In accordance with regulations of the department division, the adoptive parents at least annually shall show that the agreement is still in force or has been renewed.

(B) The State Health and Human Services Finance Commission shall consider the holder of medical assistance identification pursuant to this section as any other holder of medical assistance identification under the laws of this State and shall process and make payment on claims on account of the holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.

(C) The Health and Human Services Finance Commission or the Department of Social Division of Children's Services shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the department division for the coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and must be reimbursed for them. However, there is no reimbursement for services or benefit amounts covered under insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The department shall promulgate regulations implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection are for the costs of services for which there is no federal contribution, or which, if federally aided, are not provided by the residence state. The regulations must include, but are not limited to, procedures to be followed in obtaining prior approval for services in those instances where required for the assistance.

(D) The provisions of this section apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this State under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this State. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this State are eligible to receive assistance in accordance with the laws and procedures applicable to the agreements."

(51) Section 20-7-2650 of the 1976 Code is amended to read:

"Section 20-7-2650. Consistent with federal law, the Department of Social Division of Children's Services in connection with the administration of this subarticle and a compact pursuant to it must include in a state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980, Public Law 96-272, Titles IV (e) and XIX of the Social Security Act, and other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The department division shall apply for and administer all relevant federal aid in accordance with the law."

(52) Section 20-7-2700 of the 1976 Code is amended to read:

"Section 20-7-2700. For the purpose of this subarticle:

k. "Department Division" means the State Department of Social Children's and Family Services, Division of Children's 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 division on regulatory matters related to child day care facilities.

m. "Commissioner Director" means the administrative head of the Department of Children's and Family Services.

p. "Regular license" means a license issued by the department division for two years to an operator of a private child day care center or group day care home or a family day care home which elects to be licensed showing that the licensee is in compliance with the provisions of this subarticle and the regulations of the department division at the time of issuance and authorizing the licensee to operate in accordance with the license, this subarticle, and the regulations of the department division.

q. "Provisional license" means a license issued by the department division to an operator of a private child day care center or group day care home or a family day care home which elects to be licensed authorizing the licensee to begin operations although the licensee temporarily is unable to comply with all of the requirements for a license.

r. "Regular approval" means a written notice issued by the department division for a two-year period to a department, division 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 division.

s. "Provisional approval" means a written notice issued by the department division 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.

u. "Declaratory order" means a written statement on the part of the department division approving plans for construction or renovation insuring against the imposition of more stringent regulations at a later date.

x. "Deficiency correction notice" means a written statement on the part of the department division 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."

(53) Section 20-7-2710(c) of the 1976 Code is amended to read:

"Section 20-7-2710. c. Nothing in this subarticle shall create authority for the Department of Social Services division to influence or regulate the curriculum of child day care facilities."

(54) Section 20-7-2720 of the 1976 Code is amended to read:

"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 division."

(55) Section 20-7-2730 of the 1976 Code is amended to read:

"Section 20-7-2730. a. Application for license must be made on forms supplied by the department division and in the manner it prescribes.

b. Before issuing a license the department division 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 division, 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 division may charge the licensee a fee for the cost of obtaining criminal history conviction records from the South Carolina Law Enforcement Division."

(56) Section 20-7-2740 of the 1976 Code is amended to read:

"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 division.

b. Application for renewal shall be made on forms supplied by the department division in the manner it prescribes.

c. Before renewing a license the department division 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 director or his designee 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 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. The State Department of Social Services division may charge the licensee a fee for the cost of attaining criminal history conviction records from the South Carolina Law-Enforcement Division."

(57) Section 20-7-2750 of the 1976 Code is amended to read:

"Section 20-7-2750. Whenever the department division 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 division 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 director or his designee 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 division for administrative reconsideration of the notice or any portion thereof.

c. The department division 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 division may revoke the license."

(58) Section 20-7-2760(a), (b), (c), and (d) of the 1976 Code is amended to read:

"Section 20-7-2760. a. An applicant who has been denied a license by the department division 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 director or his designee in writing within thirty days after the receipt of notice of denial. Upon receiving a written appeal the commissioner director or his designee 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 director or his designee. On the basis of the evidence adduced at the hearing, the commissioner director or his designee shall make the final decision of the department division 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. An appeal from the final decision of the division may be taken to an administrative law judge pursuant to the Administrative Procedures Act.

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 director or his designee in writing within thirty calendar days after the receipt of the notice. Upon receiving a written appeal the commissioner director or his designee 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 director or his designee. On the basis of the evidence adduced at the hearing, the commissioner director or his designee shall make the final decision of the department division 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. An appeal from the final decision of the department may be taken to an administrative law judge pursuant to the Administrative Procedures Act.

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 division shall be in writing, shall contain the department's division'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 division's decision is appealed to the courts, or a transcript is requested by an interested party. Upon an appeal to the courts, the department division 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 division 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 an administrative law judge pursuant to the Administrative Procedures Act."

(59) Section 20-7-2780 of the 1976 Code is amended to read:

"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 division. The department division 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 division 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."

(60) Section 20-7-2790 of the 1976 Code is amended to read:

"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 division for an investigation and a statement of standard conformity or approval, except those facilities designated in Section 20-7-2700."

(61) Section 20-7-2800 of the 1976 Code is amended to read:

"Section 20-7-2800. a. Application for a statement of standard conformity or approval shall be made on forms supplied by the department division and in the manner it prescribes.

b. Before issuing approval the department division 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 of the division 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."

(62) Section 20-7-2810 of the 1976 Code is amended to read:

"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 division.

b. Application for renewal shall be made on forms supplied by the department division and in the manner it prescribes.

c. Before renewing an approval the department division 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."

(63) Section 20-7-2820 of the 1976 Code is amended to read:

"Section 20-7-2820. Whenever the department division finds upon inspection that a public child day care center or group day care home is not complying with any applicable regulations, the department division 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 division 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 division for administrative reconsideration of the notice or any portion thereof.

c. The department division 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 division shall notify the appropriate public officials."

(64) Section 20-7-2830 of the 1976 Code is amended to read:

"Section 20-7-2830. a. An applicant or operator who has been denied approval or renewal of approval by the department division 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 director or his designee for an opportunity to show cause why its application should not be denied.

b. Upon receiving a written petition, the commissioner director or his designee shall give the applicant or operator reasonable notice and an opportunity for a prompt, informal meeting with the commissioner director or his designee with respect to the action by the department division, 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 director or his designee shall decide whether the application shall be granted for approval, provisional approval or denied. The decision of the commissioner director or his designee 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."

(65) Section 20-7-2840 of the 1976 Code is amended to read:

"Section 20-7-2840. (A) As used in this subarticle, "family day care home" means an occupied residence in which child day care regularly is 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. However, an occupied residence in which child day care regularly is 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 these children, is not a family day care home.

(B) An operator of a family day care home shall register with the department within six months of June 13, 1977.

(C) (B) A family day care home which elects to participate in a federal program which requires licensing as a prerequisite to participation may elect to be licensed under the procedures in Section 20-7-2850. A family day care home electing licensing shall demonstrate compliance with the suggested standards developed by the department under Section 20-7-2980 and shall comply with provisions of Sections 20-7-2730 and 20-7-2740 relating to criminal history conviction records checks upon original licensing and upon renewal. Operators and caregivers of licensed family day care homes are held to the standards in Sections 20-7-2730 and 20-7-2740 regarding criminal convictions."

(66) Section 20-7-2850 of the 1976 Code is amended to read:

"Section 20-7-2850. a. Registration shall be completed on forms supplied by the department division 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 division under Section 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 division 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."

(67) Section 20-7-2860 of the 1976 Code is amended to read:

"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 division.

c. The department division 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."

(68) Section 20-7-2870 of the 1976 Code is amended to read:

"Section 20-7-2870. The department division 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 division 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 division 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 overenrollment, the department division shall carry out its responsibility as authorized by subsection C of Section 20-7-2860 and Section 20-7-3010."

(69) Section 20-7-2880 of the 1976 Code is amended to read:

"Section 20-7-2880. a. A registrant whose statement of registration has been withdrawn by the department division 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 director or his designee in writing within thirty calendar days after the receipt of the notice. Upon receiving a written appeal the commissioner director or his designee 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 director or his designee. On the basis of the evidence adduced at the hearing, the commissioner director or his designee shall make the final decision of the department division 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 division shall be in writing, shall contain the department's division'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 division 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 division 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 an administrative law judge pursuant to the Administrative Procedures Act."

(70) Section 20-7-2890 of the 1976 Code is amended to read:

"Section 20-7-2890. The department division 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."

(71) 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 notify the department division of the fact of its operation and existence and to request inspection of the facility. It shall be the responsibility of the department division 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 division 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 current 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."

(72) Section 20-7-2920 of the 1976 Code is amended to read:

"Section 20-7-2920. The department director or his designee 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 from an administrative law judge 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."

(73) Section 20-7-2930 of the 1976 Code is amended to read:

"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.division The department division 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 division for administrative reconsideration of the notice or any portion thereof.

c. The department division 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 division may suspend the registration of the facility to be effective thirty days after date of notice. An appeal from such action by the division may be taken to an administrative law judge pursuant to the Administrative Procedures Act."

(74) Section 20-7-2940 of the 1976 Code is amended to read:

"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 division and according to established appeals procedure for the department.

b. Upon appeal, the decision of the department division 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 an administrative law judge pursuant to the Administrative Procedures Act."

(75) Section 20-7-2980 of the 1976 Code is amended to read:

"Section 20-7-2980. a. The department director or his designee 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 director or his designee 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 director or his designee 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 division and to assure applicants, licensees, approved operators, and registrants fair and expeditious treatment under the law.

c. The department division 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 Regulations must be promulgated in accordance with the Administrative Procedures Act Section 1-23-10 et seq.

f. The department division 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 division. A copy of any complaint shall be made available to the involved operator immediately upon his request."

(76) Section 20-7-2990 of the 1976 Code is amended to read:

"Section 20-7-2990. a. In exercising the powers of licensing, approving, renewing, revoking, or making provisional licenses and approvals, the department division shall investigate and inspect licensees and approved operators and applicants for a license or an approval. The authorized representative of the department division 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 division 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 division 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 division 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 division 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 division 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 division that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, a license or approval must be issued."

(77) Section 20-7-3000 of the 1976 Code is amended to read:

"Section 20-7-3000. The department division shall offer consultation through employed staff or other qualified person to assist applicants and operators in meeting and maintaining regulations."

(78) Section 20-7-3010 of the 1976 Code is amended to read:

"Section 20-7-3010. a. The department director or his designee 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 from an administrative law judge:

(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 hereunder 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 promulgated hereunder.

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."

(79) Section 20-7-3020 a. of the 1976 Code is amended to read:

"Section 20-7-3020. a. The department division shall have power to issue a provisional registration, provisional license or provisional approval only when the department division 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 division but in no case beyond July 1, 1981."

(80) Section 20-7-3030 of the 1976 Code is amended to read:

"Section 20-7-3030. The department division 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 division'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 division shall serve as a basis for a refusal by the department division to license or approve a facility."

(81) Section 20-7-3050 of the 1976 Code is amended to read:

"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 Review changes in the regulations and suggested standards proposed by the department director or his designee and make recommendations thereon to the commissioner director or his designee. The committee shall evaluate the regulations and suggested standards at the three year review period (Subsection C of Section 20-7-2980) and recommend necessary changes to the department. After the promulgation of the initial regulations following the adoption of this subarticle, no No regulation shall be promulgated by the department which has been if the standard has been disapproved by a simple majority of the committee.

b. Advise the department division regarding the improvement of the regulation of child day care facilities.

c. Advise the department division 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 division 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 division 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."

(82) Section 20-7-3060 of the 1976 Code is amended to read:

"Section 20-7-3060. The department division shall provide reasonable secretarial and administrative support to the advisory committee."

(83) Section 20-7-5420 of the 1976 Code is amended to read:

"Section 20-7-5420. (A) The State Council on Maternal, Infant, and Child Health shall consist of the following members:

(1) the Commissioner of the South Carolina Department of Health and Environmental Control; the State Superintendent of Education or his designee; the State Commissioner Director of Social the Department of Children's and Family Services or his designee; director of the South Carolina Commission on Alcohol and Drug Abuse; the State Commissioner of Mental Health; the State Commissioner of Mental Retardation; the Executive Director of the State Health and Human Services Finance Commission; the Commissioner of the South Carolina Commission for the Blind; and the Chairman of the Statewide Health Coordinating Council; and

(2) a member of the Health Care Planning and Oversight Committee, to be appointed by the chairman; and a member of the Joint Legislative Committee on Children, to be appointed by the chairman. The Governor shall appoint one representative of each of the following organizations as a member of the council: South Carolina Medical Association; South Carolina Chapter of the American Academy of Pediatrics; South Carolina Chapter of the American College of Obstetrics and Gynecology; South Carolina Chapter of the Academy of Family Practice; South Carolina Hospital Association; Medical University of South Carolina; University of South Carolina School of Medicine; Clemson University Extension Service; South Carolina Congress of Parents and Teachers; Developmental Disabilities Council; South Carolina March of Dimes; South Carolina Nurses Association; and South Carolina Perinatal Association. The Governor shall appoint one member from each of the six congressional districts of the State who represents business, civic, community, and religious groups. The Governor may appoint other ex officio members to the council as are needed to provide information to assist in the work of the council."

(84) Sections 20-7-2308, 20-7-2309, 20-7-2327, 20-7-2335, 20-7-2337, 20-7-2365, and 20-7-2950 of the 1976 Code are repealed.

(85) Section 59-49-10 of the 1976 Code is amended to read:

"Section 59-49-10. The John De La Howe School is transferred to and incorporated in and shall be administered by the Division of Children's Services in the Department of Children's and Family Services. There is hereby established under the provisions of this chapter an institution to be known as the John De La Howe School."

(86) Section 59-49-20 of the Code is repealed.

(87) Section 59-49-30 of the 1976 Code is repealed.

(88) Section 59-49-40 of the 1976 Code is repealed.

(89) Section 59-49-60 of the 1976 Code is repealed.

(90) Section 59-49-70 of the 1976 Code is amended to read:

"Section 59-49-70. The John De La Howe School is hereby declared to be a body corporate and, as such, may sue and be sued and plead and be impleaded in its corporate name, may have and use a proper seal, which it may alter at its pleasure and The division may adopt a seal for the school for use in official business and may acquire by purchase, deed, devise, lease for a term of years, bequest or otherwise such property, real and personal, in fee simple without limitations as may be necessary or proper for carrying out the purposes of the school its organization as herein declared."

(91) Section 59-49-80 of the 1976 Code is amended to read:

"Section 59-49-80. The board shall elect a A superintendent for said the school at such salary and for such term as it may fix. The shall be appointed and the superintendent shall employ and discharge all employees of the school, subject to the approval of the board."

(92) Section 59-49-90 of the 1976 Code is repealed.

(93) Section 59-49-100 of the 1976 Code is amended to read:

"Section 59-49-100. It is declared to be the purpose and policy of the State to maintain and develop the school property in accordance with the purposes of the will of Dr. John De La Howe as interpreted by the Supreme Court of South Carolina, Mars v. Gibert, 93 SC 455, which for historical reference reads: "First, the establishment and maintenance of an agricultural and mechanical school as an institution in Abbeville County, stimulating and improving the industrial life of the entire community; second, the training, free of charge, of twenty-four boys and girls, not as college men and women, but in the beginning of school life; and, third, the like training of the children of the neighborhood not supported by the fund." It is declared that the term "Abbeville County" shall be understood to mean that portion of South Carolina known as Abbeville County at the time the will of Dr. John De La Howe was dated, namely January 2, 1797. The property is now in McCormick County. It is further declared that, given the above historical perspective,the Board of Trustees of John De La Howe School shall instruct Superintendent of the school, to must implement programs which shall meet the needs of children from all of South Carolina who for some urgent reason need to be separated from their home or community."

(94) Section 59-49-110 of the 1976 Code is amended to read:

"Section 59-49-110. The division trustees of the John De La Howe School may carry out improved forestry and farm practices on the timber holdings and farmland of the school property and apply the revenues derived from them and any other revenue source on the property for the further improvement and development of the school forest and farmlands and for other school purposes."

(95) Section 59-49-120 of the 1976 Code is repealed.

(96) Section 59-49-140 of the 1976 Code is amended to read:

"Section 59-49-140. In accordance with the purposes of the school as herein defined, the board of trustees Director of the Department of his designee shall make such rules and regulations for its own government and for the management of the school as it may deem necessary, consistent with the laws of this State and with the terms of the will of Dr. John De La Howe."

(97) Section 59-49-150 of the 1976 Code is amended to read:

"Section 59-49-150. Pupils at the school whose estates are sufficient or the relatives of the pupils liable in law for their support whose estates are sufficient shall pay for the maintenance of the pupils in whole or in part. Policies concerning the manner and method of determining financial ability and the collecting and retention of amounts required to be paid must be determined by the Board of Trustees division, in accordance with state policy."

(98) Section 20-7-600 of the 1976 Code is amended to read:

"Section 20-7-600. (A) When a child found violating a criminal law or ordinance, or whose surroundings are such as to endanger his welfare, is taken into custody, the taking into custody is not an arrest. The jurisdiction of the court attaches from the time of the taking into custody. When a child is so taken into custody, the officer taking the child into custody shall notify the parent, guardian, or custodian of the child as soon as possible. Unless otherwise ordered by the court, the person taking the child into custody may release the child to a parent, a responsible adult, a responsible agent of a court-approved foster home, group home, nonsecure facility, or program upon the written promise, signed by the person, to bring the child to the court at a stated time or at a time the court may direct. The written promise, accompanied by a written report by the officer, must be submitted to the South Carolina Department of Youth Services Division of Children's Services as soon as possible, but not later than twenty-four hours after the child is taken into custody. If the person fails to produce the child as agreed, or upon notice from the court, a summons or a warrant may be issued for the apprehension of the person or of the child.

(B) When a child is not released pursuant to subsection (A), the officer taking the child into custody immediately shall notify the authorized representative of the Department of Youth Services Division of Children's Services, who shall respond within one hour to the location where the child is being detained. Upon responding, the authorized representative of the department Division of Children's Services shall review the facts in the officer's report or petition and any other relevant facts and determine if there is a need for detention of the child. The officer's written report must be furnished to the authorized representatives of the department Division of Children's Services and must state:

(1) the facts of the offense;

(2) the reason why the child was not released to the parent. Unless the child is to be detained, the child must be released by the authorized representative of the department Division of Children's Services to the custody of his parents or other responsible adult upon their written promise to bring the child to the court at a stated time or at a time the court may direct. However, if the offense for which the child was taken into custody is a violent crime as defined in Section 16-1-60 the child may be released only by the authorized representative of the department Division of Children's Services with the consent of the officer who took the child into custody.

(C) No child may be transported to a juvenile detention facility in a police vehicle which also contains adults under arrest. No child may be placed in secure confinement or ordered detained by the court in secure confinement in an adult jail or other place of detention for adults for more than six hours. However, the prohibition against the secure confinement of juveniles in adult jails does not apply to juveniles who have been waived to the Court of General Sessions for the purpose of standing trial as an adult. Juveniles placed in secure confinement in an adult jail during this six-hour period must be confined in an area of the jail which is separated by sight and sound from adults similarly confined.

(D) Peace officers' records of children must be kept separate from records of adults, must not be open to public inspection, and may be open to inspection only by governmental agencies authorized by the judge.

(E) When a child is to be transported to a juvenile detention facility following a detention screening review conducted by the Department of Youth Services Division of Children's Services or after a detention order has been issued by the court, the local law enforcement agency which originally took the child into custody shall transport this child to the juvenile detention facility.

(F) When the authorized representative of the Department of Youth Services Division of Children's Services determines that placement of a juvenile outside the home is necessary, he shall make a diligent effort to place the child in an approved home, program, or facility, other than a secure juvenile detention facility, when these alternatives are appropriate and available. A child is eligible for detention in a secure juvenile detention facility only if the child:

(1) is charged with a violent crime as defined in Section 16-1-60;

(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child:

(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;

(b) has a demonstrable recent record of wilful failures to appear at court proceedings;

(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or

(d) has a demonstrable recent record of adjudications for other felonies; and:

(i) there is clear and convincing evidence to establish a risk of flight, or serious harm to others; or

(ii) the instant offense involved the use of a firearm;

(3) is a fugitive from another jurisdiction;

(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury. A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program.

(G) A child who is taken into custody because of a violation of law which would not be a criminal offense under the laws of this State if committed by an adult must not be placed or ordered detained in an adult detention facility. A child who is taken into custody because of a violation of the law which would not be a criminal offense under the laws of this State if committed by an adult must not be placed or ordered detained more than twenty-four hours in a juvenile detention facility, unless an order previously has been issued by the court, of which the child has notice and which notifies the child that further violation of the court's order may result in the secure detention of that child in a juvenile detention facility. If a juvenile is ordered detained for violating a valid court order, the juvenile may be held in secure confinement in a juvenile detention facility for not more than seventy-two hours, excluding weekends and holidays. However, nothing in this section precludes a law enforcement officer from taking a status offender in custody.

(H) If the authorized representative of the Department of Youth Services Division of Children's Services has not released the child to the custody of his parents or other responsible adult, the court shall hold a detention hearing within twenty-four hours from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays. At this hearing, the authorized representative of the department Division of Children's Services shall submit to the court a report stating the facts surrounding the case and a recommendation as to the child's continued detention pending the adjudicatory and dispositional hearings. The court shall appoint counsel for the child if none is retained. No child may proceed without counsel in this hearing, unless the child waives the right to counsel, and then only after consulting at least once with an attorney. At the conclusion of this hearing, the court shall determine whether probable cause exists to justify the detention of the child as well as determining the appropriateness of, and need for, the child's continued detention. If continued detention of a juvenile is considered appropriate by the court and if a juvenile detention facility exists in that county which meets state and federal requirements for the secure detention of juveniles, or if that facility exists in another county with which the committing county has a contract for the secure detention of its juveniles, and if commitment of a juvenile by the court to that facility does not cause it to exceed its design and operational capacity, the family court shall order the detention of the juvenile in that facility. Periodic reviews of the detention order must be conducted in accordance with the rules of practice in a family court. However, a juvenile must not be detained in secure confinement in excess of ninety days. If the child does not qualify for detention or otherwise require continued detention under the terms of subsection (F), the child must be released to a parent, guardian, or other responsible person."

(99) Section 20-7-630 of the 1976 Code is amended to read:

"Section 20-7-630. Beginning July 1, 1978, the South Carolina Department of Juvenile Placement and Aftercare (A) In the Department of Children's and Family Services the Division of Children's Services shall provide intake and probation services for juveniles brought before the family courts of this State and for persons committed or referred to the Department of Youth Services in cooperation with all local officials or agencies concerned. All recommendations by the Department of Juvenile Placement and Aftercare division as to intake shall be reviewed by the office of the solicitor in the circuit concerned and the final determination as to whether or not the juvenile shall be prosecuted in family court shall be made by the solicitor or of his authorized assistant. Statements of the juvenile contained in the Department of Juvenile Placement and Aftercare division files shall not be furnished to the solicitor's office as part of the intake review procedure nor shall the solicitor's office be privy to such statements in connection with its intake review."

(100) Section 20-7-770 of the 1976 Code is amended to read:

"Section 20-7-770. Notwithstanding the right of a person to petition the Family Court pursuant to Section 20-7-780 for the release of a person's record of juvenile adjudications, upon the request of the Attorney General or a circuit solicitor which is made pursuant to a current criminal investigation or prosecution, the Department of Youth Services shall provide the requesting party with a copy of the juvenile criminal record of a person adjudicated as a juvenile for the commission of a violent crime, as defined in Section 16-1-60. A person with a record for an adjudicated violent crime must have his juvenile criminal record maintained by the Department of Youth Services Division of Children's Services for at least ten years after the date of the violent offense adjudication."

(101) Section 20-7-780 of the 1976 Code is amended to read:

"Section 20-7-780. (A) The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and, the Department of Youth Services, Division of Children's Services are open to inspection only by consent of the judge to persons having a legitimate interest but always must be available to the legal counsel of the juvenile. All information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Youth Services the Division of Children's Services is confidential and must not be disclosed directly or indirectly to anyone, other than the judge or others entitled under this chapter to receive this information unless otherwise ordered by the judge. However, these records are open to inspection without the consent of the judge where the records are necessary to defend against an action initiated by a juvenile.

(B) The Department of Youth Services Division of Children's Services, if requested, shall provide the victim of a violent crime, as defined in Section 16-1-60, with the name and other basic descriptive information about the juvenile charged with the crime and with information about the juvenile justice system, the status and disposition of the delinquency action, including hearing dates, times, and locations, and concerning services available to victims of juvenile crime. The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be made public by a newspaper, radio, or television station except as authorized by order of the court.

(C) A juvenile charged with committing a violent offense as defined in Section 16-1-60, or charged with committing grand larceny of a motor vehicle, may be fingerprinted by the law enforcement agency who takes the juvenile into custody. A juvenile charged with committing a nonviolent or status offense must not be fingerprinted by law enforcement except upon order of a family court judge. The fingerprint records of a juvenile must be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must not be transmitted to the files of the State Law Enforcement Division or to the Federal Bureau of Investigation or otherwise distributed or provided to another law enforcement agency unless the juvenile is adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, or for grand larceny of a motor vehicle. The fingerprint records of a juvenile who is not adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, or for grand larceny of a motor vehicle upon notification to law enforcement, must be destroyed or otherwise expunged by the law enforcement agency who took the juvenile into custody. The Department of Youth Services Division of Children's Services may fingerprint and photograph a juvenile upon commitment to a juvenile correctional institution. Fingerprints and photographs taken by the Department of Youth Services division remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department division in apprehending an escapee from the department division or assisting the Missing Persons Information Center in the location or identification of a missing or runaway child."

(102) Section 20-7-1330(a) of the 1976 Code is amended to read:

"(a) place the child on probation or under supervision in his own home or in the custody of a suitable person elsewhere, upon conditions as the court may determine. A child placed on probation by the court remains under the authority of the court only until the expiration of the specified term of his probation. This specified term of probation may expire before but not after the eighteenth birthday of the child. Probation means casework services during a continuance of the case. Probation must not be ordered or administered as punishment, but as a measure for the protection, guidance, and well-being of the child and his family. Probation methods must be directed to the discovery and correction of the basic causes of maladjustment and to the development of the child's personality and character, with the aid of the social resources of the community. The court may impose restitution or participation in supervised work or community service as a condition of probation. The Department of Youth Services Division of Children's Services, in coordination with local community agencies, shall develop and encourage employment of a constructive nature designed to make reparation and to promote the rehabilitation of the child. If the court imposes as a condition of probation a requirement that restitution in a specified amount be paid, the amount to be paid as restitution may not exceed five hundred dollars. The Department of Youth Services Division of Children's Services shall develop a system for the transferring of a court ordered restitution from the juvenile to the victim or owner of property injured, destroyed, or stolen;"

(103) Section 20-7-1490 of the 1976 Code is amended to read:

"Section 20-7-1490. Each county shall provide sufficient physical facilities for the operation of the statewide family court system in that county. On July 1, 1978, the South Carolina Department of Juvenile Placement and Aftercare The Division of Children's Services shall provide juvenile intake and probation services to the family courts of this State as provided in S 20-7-630."

(104) The first paragraph of Section 20-7-2095 of the 1976 Code is amended to read:

"The Board of Juvenile Parole (parole board) shall meet monthly, and at other times as may be necessary, to review the records and progress of children committed to the custody of the Board or Department of Youth Services (Department) Division of Children's Services for the purpose of deciding the release or revocation of release of such children. The parole board shall make periodic inspections, at least quarterly, of the records of persons committed to the custody of the Board of Youth Services Division of Children's Services and may, in its discretion, issue temporary and final discharges or release such persons conditionally and prescribe conditions for such release into aftercare. It shall be the right of any such juvenile to personally appear before the parole board every three months for the purpose of parole consideration, but no such appearance shall begin until the parole board determines that an appropriate period of time has elapsed since the juvenile's commitment. In addition, and at the discretion of the parole board, the quarterly reviews of juveniles committed to the division for having committed a violent offense, as defined in Section 16-1-60, may be waived by the parole board until the juvenile reaches the minimum parole guidelines established for the juvenile by the parole board. In order to allow such reviews and personal appearances by children, the chairman of the parole board may assign the members to meet in panels of not less than three members to receive progress reports and recommendations, review cases, meet with children, meet with counselors, and to hear matters and consider cases for release, parole, and parole revocation. Membership on such panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the parole board. Any panel vote that is not unanimous shall not be considered as a final decision of the parole board and the matter shall be referred to the full parole board, which shall determine the matter by a majority vote of its membership."

(105) Section 20-7-2115 of the 1976 Code is amended to read:

"Section 20-7-2115. The department Division of Children's Services shall be is charged with the responsibility of making aftercare investigations to determine suitable placement for children considered for conditional release from the correctional schools. The department division shall also have has the responsibility of supervising the aftercare program, making revocation investigations, and submitting findings to the parole board.

The commissioner and such division staff as he shall designate in the performance of their, with duties of investigation, counseling and supervision, and revocation investigations, shall be regarded as are considered official representatives of the parole board.

The commissioner and counsels division staff must abide by shall be subject to the rules and regulations for parole and parole revocation promulgated by the parole board and shall meet with the parole board at its meetings when requested. Community-based counselors, or their supervisors, with assigned clients committed to institutions of the department Division of Children's Services shall periodically visit the institutions in order to counsel their clients and accomplish such the duties as outlined in this subarticle.

Employees of the department that serve as counselors for the purpose of presenting juvenile progress reports and release recommendations to the parole board and the immediate supervisor of these employees shall be employed by the Commissioner with the advice and consent of the Parole Board. The service of these employees in such capacity shall continue at the pleasure of the Parole Board.

Recognizing the need to maintain autonomy and to provide a check and balance system, the Director of the Department of Children's and Family Services, Division of Children's Services, shall employ staff necessary to carry out the duties of parole examinations, victim liaison, and revocation hearings. All staff are employees of the department and are directly responsible to the department both administratively and operationally. Funds allocated for the functions designated in this section must be incorporated as a line item within the department's budget.

The department shall continue to provide the budgetary, fiscal, personnel, and training information resources and other support considered necessary by the parole board to perform its mandated functions."

(106) Section 20-7-2125 of the 1976 Code is amended to read:

"Section 20-7-2125. Any juvenile, who shall have been conditionally released from a correctional school, shall remain under the authority of the Parole Board until the expiration of the specified term imposed in his conditional aftercare release. The specified period of conditional release may expire before but not after the eighteenth nineteenth birthday of the juvenile. Each juvenile conditionally released shall be subject to the conditions and restrictions of his release and may at any time on the order of the Parole Board be returned to the custody of a correctional institution for violation of aftercare rules or conditions of release.

As a condition of correctional release, the Parole Board may impose participation in the restitution, work and community service programs as established by the Department of Youth Services Division of Children's Services pursuant to item (a) of Section 20-7-1330."

(107) Section 20-7-2155 of the 1976 Code is amended to read:

"Section 20-7-2155. To be eligible for appointment as a probation counselor, an applicant must possess all of the following:

(a) A college degree involving special training in the field of social science, or its equivalent;

(b) A personalty and character as would render him suitable for the functions of the office.

Probation counselors shall live in districts as shall be determined by the Board director. Each counsel counselor shall periodically visit the schools under the supervision of the Department of Youth Services. The director or assistant director shall meet with each counsel or Division of Children's Services familiarize himself with the records, background and needs of the children. In addition, the director, and shall make periodic reports to the school. The reports of the director shall be included in the annual report of the Board.

Duties of the probation counselors shall be to make such investigation of the child and home as may be required by the court; to be present in court at the hearing of cases and to furnish to the court such information and assistance as the judge may require; and to take charge of any child before and after hearing as may be directed by the court. During the probationary period of any child and during the time that the child may be committed to any institution or to the care of any association or person for custodial or disciplinary purposes, the child shall always be subject to visitation by the probation counselors or other agents of the court."

(108) Section 20-7-3100 of the 1976 Code is repealed.

(109) Section 20-7-3110 of the 1976 Code is repealed.

(110) Section 20-7-3120 of the 1976 Code is repealed.

(111) Section 20-7-3130 of the 1976 Code is repealed.

(112) Section 20-7-3140 of the 1976 Code is repealed.

(113) Section 20-7-3150 of the 1976 Code is repealed.

(114) Section 20-7-3160 of the 1976 Code is repealed.

(115) Section 20-7-3170 of the 1976 Code is repealed.

(116) Section 20-7-3180 of the 1976 Code is repealed.

(117) Section 20-7-3190 of the 1976 Code is amended to read:

"Section 20-7-3190. The Board Department of Children's and Family Services may enter into agreements with the governing bodies of other state departments or institutions for the purpose of effecting a more efficient and economical management of any institutions or programs under its supervision. The Board department is authorized to make contracts and expend public funds as required to carry out the functions prescribed for it in this article within the limits of appropriated funds.

An annual report of the department shall be prepared by the Board which shall include an account of all funds received and expended, persons served by the Department including a report of the state and conditions of the correctional institutions and community programs operated by the Department."

(118) Section 20-7-3200 of the 1976 Code is repealed.

(119) Section 20-7-3210 of the 1976 Code is amended to read:

"Section 20-7-3210. The Department Division of Children's Services shall provide such community services as the Board shall assign to it which shall include, but not be limited to, the following:

(a) Family Court intake screening and referral counseling.

(b) Serving, advising and counseling children placed on probation by the Family Court.

(c) Serving, advising and counseling of children in the various institutions as may be necessary to the placement of the children in proper environment after release and the placement of children in suitable jobs where necessary and proper.

(d) Supervising and guiding of children released or conditionally released from institutions.

(e) Counseling children released or conditionally released by the Parole Board.

(f) Coordinating the activities of supporting community agencies which aid in the social adjustment of children released by the Parole Board.

(g) Providing or arranging for necessary services leading to the rehabilitation of delinquents either within the Department Division of Children's Services or through cooperative arrangements with other appropriate agencies.

(h) Providing counseling and supervision for any child under twelve years of age who has been adjudicated delinquent, convicted of a crime or has entered a plea of guilty or nolo contendere, when other suitable personnel is not available and upon request of the court concerned.

(i) Providing detention screening services when a child is taken into custody for violation of a law or ordinance as provided in subsections (a) and (b) of S 20-7-600.

(j) Providing prevention services to include short and long range planning, establishing statewide priorities and standards, development of public awareness programs, and technical assistance to local government in the development of prevention programs.

(k) Providing for the development of secure and nonsecure alternatives to jail.

(l) Providing for a variety of community-based programs to augment regular probation services, such as volunteer services, restitution, community work programs, family counseling and contract probation with specific sanctions for various types of behavior.

(m) Providing for a variety of community-based programs to serve as alternatives to institutions, such as halfway houses, work release, intensive probation, restitution, forestry and wilderness camps, marine science programs, and other residential and nonresidential programs.

(n) Providing for programs to divert juveniles, where proper and appropriate, from the Juvenile Justice System."

(120) Section 20-7-3220 of the 1976 Code is amended to read:

"Section 20-7-3220. The role and function of intake is to independently assess the circumstances and needs of children referred for possible prosecution in the Family Court. As provided in Section 20-7-630 all recommendations by the Department Division of Children's Services as to intake shall be reviewed by the office of the solicitor in the circuit concerned and the final determination as to whether or not the juvenile shall be prosecuted in the Family Court shall be made by the solicitor or by his authorized assistant. Statements of the juvenile contained in the department's division's files shall not be furnished to the solicitor's office as part of the intake review procedure nor shall the solicitor's office be privy to such statements in connection with its intake review. Where circumstances do not warrant prosecution in the discretion of the solicitor, the intake counselor shall offer referral assistance for services as appropriate for the child and family. In the event that a juvenile is adjudicated to be delinquent or found by the Family Court to be in violation of the terms of his probation, the intake counselor shall offer appropriate dispositional recommendations to the Family Court for its consideration and determination of the disposition of the case. The department's division's policies and procedures for the provision of intake services shall be reviewed by and subject to the approval of the Board of Juvenile Parole."

(121) Section 20-7-3230(A)(2) of the 1976 Code is amended to read:

"(2) managing, operating, and supervising Birchwood, Willow Lane, John G. Richards, and other facilities as the board department may establish;"

(122) Section 20-7-3235 of the 1976 Code is amended to read:

"Section 20-7-3235. Juvenile correctional employees of the department, while performing their officially assigned duties relating to the custody, control, transportation, or recapture of a juvenile offender within the jurisdiction of the department, and other employees of the department authorized by the commissioner director to perform similar functions as part of their official duties, have the status of peace officers anywhere in this State in a matter relating to the custody, control, transportation, or recapture of the juvenile. Employees of the department's Division of Public Safety, on proper training and certification from the Criminal Justice Academy, and after having taken the oath of office prescribed by law and the Constitution of this State, must continue to be commissioned as state constables pursuant to Section 23-1-60."

(123) Section 20-7-3240 of the 1976 Code is amended to read:

"Section 20-7-3240. The Department of Youth Services Within the Department of Children's and Family Services, Division of Children's Services, there is designated as a special school district which shall operate a continuous progress education program on a twelve-month basis. There is created within the Department division the Education Division Office which shall provide academic and vocational training at the Reception and Evaluation Center, Birchwood High School, Willow Lane Junior High School and all other institutions operating under the Department. Academic and vocational training provided pursuant to this section shall meet all educational standards prescribed by law and by the Department of Education for public schools of the State including, but not limited to, compliance with and operation under the provisions of the Education Finance Act, the Defined Minimum Program, teacher and superintendent certification laws and regulations, and other laws or regulations governing the education of children. The Department may prescribe such additional requirements as it may from time to time deem necessary.

The State Superintendent of Education shall administer the standards related to the school programs. Reports from the Department of Education evaluating the educational program at all juvenile corrections institutions and indicating whether or not the program meets the standards as prescribed, shall be made directly to the Board director of the department at regularly scheduled meetings. Such Department of Education supervisory personnel as deemed appropriate shall be utilized for evaluating the programs and for reporting to the Board director.

Schools operated by the Board Department of Children's and Family Services shall receive funds from the Department of Education under the same provisions as other public schools in the State.

The Board Director of the Department of Children's and Family Services shall operate as the Board of Trustees for the schools under its the department's jurisdiction for all administrative purposes, including the receipt and expenditure of funds appropriated or granted to the schools for any purpose. The Commissioner director with the advice and consent of the Board shall employ a full-time superintendent of schools for the special school district. The superintendent shall hold a valid superintendent's certificate from the Department of Education and shall serve as the head of the Education Division Office.

In lieu of classification by the Division of State Personnel, the employment status of the superintendent of schools for the Department and all instructional personnel operating under the Education Division Office of the Department shall be governed by the laws of the State regarding employment of instructional personnel and regulations of the Department of Education."

(124) Section 20-7-3250 of the 1976 Code is repealed.

(125) Section 20-7-3270 of the 1976 Code is amended to read:

"Section 20-7-3270. The Board department is authorized to charge and collect fees for evaluation and treatment services provided for any person referred or temporarily committed to its facilities either at the evaluation center in Columbia or any center or other facility of the Department division. Fees may be charged to a parent or guardian or to the public or private agency responsible for the temporary commitment or referral. In cases where insurance coverage is available, fees of treatment or evaluation may be charged to the insurer. No fees shall be charged to any person who is finally committed to a custodial facility of the Department division and no person shall be denied treatment or evaluation services because of inability to pay for such services.

The Board department director shall approve a schedule of maximum charges for the various services of the Department, including residential care, and shall review the schedule from time to time. The Board department shall adopt procedures to determine ability to pay and may authorize its designees to reduce or waive charges based upon their findings.

No charge for services rendered by the Department division may exceed the actual cost of such services at the facility rendering such services.

The department shall establish a hearing and review procedure so that parents or legal guardians of a person under the department's jurisdiction may appeal charges made for services or may present to the departmental officials information or evidence which, in their opinion, needs to be considered in establishing charges.

The department may utilize all legal procedures to collect lawful claims. All funds collected pursuant to this section shall be deposited with the State Treasurer for use of the department in defraying the cost of services for which such fees may be collected."

(126) Section 20-7-3280 of the 1976 Code is amended to read:

"Section 20-7-3280. The Board director is authorized to sell mature trees, other timber and farm products and commodities from lands owned by the Department. Prior to the sale of timber, the Board director shall consult with the State Forester to determine the economic feasibility of and obtain approval for such sales. Funds derived from such sales shall be credited to the account of the Department to be used for capital improvements subject to the approval of the Budget and Control Board."

(127) Section 20-7-3300 of the 1976 Code is amended to read:

"Section 20-7-3300. Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-780; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the board must establish policies by which the department may transmit such information and records to another department, agency, or school district of state or local government, or private institution or facility licensed by the State as a child serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records and information provided to a public or private school by the department of Youth Services must include in the case of an individual who has been adjudicated for having committed a violent crime, as defined in Section 16-1-60 and committed to the Department division of Youth Services, a copy of, and, if requested, information pertaining to that person's juvenile criminal record. The person's juvenile criminal record must be provided by the Department division of Youth Services to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department division of Youth Services. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as deemed necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."

(128) Section 20-7-3310 of the 1976 Code is amended to read:

"Section 20-7-3310. No person shall be committed to an institution under the control of the Board division who is seriously handicapped by mental illness or retardation. If, after a person is referred to the Reception and Evaluation Center, it shall be determined that he is mentally ill, as defined in S 44-23-10, or mentally retarded to an extent that he could not be properly cared for in its custody, the Board director may institute necessary legal action to accomplish the transfer of such person to such other state institution as in its judgment is best qualified to care for him in accordance with the laws of this State. Such legal actions shall be brought in the resident county of the subject person. The Board division shall establish standards with regard to the physical and mental health of persons which it can accept for commitment."

(129) Section 59-51-30 of the 1976 Code is amended to read:

"Section 59-51-30. The Wil Lou Gray Opportunity School is transferred to and incorporated in and shall be administered within the Division of Children's Services in the Department of Children's and Family Services under the control of a board of fourteen trustees, twelve of whom must be elected by the General Assembly. The trustees so elected must be citizens of the State who are interested in the aims and ambitions of the school. The thirteenth member is the State Superintendent of Education, who shall serve ex officio. The fourteenth member is the Governor who is a member of the board, ex officio. Members of the board who are elected by the General Assembly shall serve for terms of four years and until their successors are elected and qualify. The board shall elect a chairman, vice-chairman, secretary, and treasurer. In case a vacancy occurs on the board among the elected members for any reason other than expiration of a term when the General Assembly is not in session, the Governor may fill it by appointment until the next session of the General Assembly at which time a successor must be elected for the remainder of the unexpired term. Elections to fill vacancies which are caused for any reason other than expiration of a term may be held earlier than the first day of April of the year the vacancy is filled.

A quorum of the board is seven members."

(130) Section 59-51-40 of the 1976 Code is amended to read:

"Section 59-51-40. The board of trustees is a body politic, under the name and style of the Wil Lou Gray Opportunity School. It shall have a seal, which it may change at its discretion, and in its name, it The Department of Children's and Family Services may adopt a seal for the school for use in official business and may contract for, purchase, and hold property for the purposes provided for in this chapter. It may take any property or money given or conveyed by deed, devised, or bequeathed to the school, and hold it for its the school's benefit and use. The conditions of the gifts or conveyances in no case may be inconsistent with the purposes of the school, and the Department board may not by the acceptance thereof incur any obligation on the part of the State. The Department It shall securely invest all funds and keep all property which may come into its possession. It may sue and be sued in its name and The Department may do all things necessary to carry out the provisions of this chapter."

(131) Section 59-51-50 of the 1976 Code is amended to read:

"Section 59-51-50. The board of trustees Director of the Department of Children's and Family Services shall employ a director who shall serve under conditions as prescribed by the board to be the executive head of the school. The director shall recommend and employ all personnel, as approved by the department director board of trustees, and shall define their duties. The Department director shall prescribe the courses of study, and make all rules and regulations for the government of the school, within board policy, and, through the department's director for the school, be is responsible for its the school's operation and management within the limitations of appropriations provided by the General Assembly."

SECTION 5. Division of Economic Services

(1) Section 20-7-852(c) of the 1976 Code is amended to read:

"(c) Pursuant to Section 43-5-580(b), the Director of the Department of Children's and Family Services or his designee shall promulgate regulations which include addressing child support guidelines. The department Division of Economic Services shall review these regulations child support guidelines at least once every four years to insure that their application results in appropriate child support award amounts."

(2) Section 20-7-952(B)(4) of the 1976 Code is amended to read:

"(4) An authorized agency, including, but not limited to, the Department of Social Children's and Family Services, pursuant to the provisions of Chapter 5 of Title 43, and any other person or agency pursuant to the provisions of Sections 20-7-435 and 20-7-840; or"

(3) Section 20-7-955(B) of the 1976 Code is amended to read:

"Section 20-7-955. B. In actions commenced by the Department of Social Children's and Family Services or any other authorized agency, any employee of such agency or of the Attorney General's Office who is familiar with the action may make, on behalf of the petitioner, the required affidavit accompanying a settlement, voluntary agreement, or consent order. In cases where the child is the recipient of public assistance, the affidavit must state:

(1) That the employee is familiar with the particular case involved.

(2) That he has reviewed the case.

(3) That he knows or believes that the Department of Social Children's and Family Services, in furtherance of state and federal policies and regulations, has determined the child involved to be destitute and in need of public assistance due in part to inadequate support from the respondent.

(4) That the child is presently the recipient of some type of public assistance in order to maintain a subsistent standard of living."

(4) Section 20-7-970(h) of the 1976 Code is amended to read:

"(h) "Prosecuting attorney" means the circuit solicitor, county attorney, or attorney designated by the Department of Social Children's and Family Services pursuant to Section 43-5-220."

(5) Section 20-7-1015 of the 1976 Code is amended to read:

"Section 20-7-1015. If this State is acting as an initiating state the prosecuting attorney, upon the request of the court, the Department of Social Children's and Family Services, or other local welfare official, shall represent the obligee in any proceeding under this subarticle."

(6) Section 20-7-1040(a) of the 1976 Code is amended to read:

"(a) The State Department of Social Children's and Family Services is designated as the state information agency under this subarticle, and it shall

(1) compile a list of the courts and their addresses in this State having jurisdiction under this subarticle and transmit it to the state information agency of every other state which has adopted this or a substantially similar act. Upon the adjournment of each session of the legislature the agency shall distribute copies of any amendments to this subarticle and a statement of their effective date to all other state information agencies;

(2) maintain a register of lists of courts received from other states and transmit copies of the lists promptly to every court in this State having jurisdiction under this subarticle; and

(3) forward to the court in this State which has jurisdiction over the obligor or his property petitions, certificates, and copies of the act it receives from courts or information agencies of other states."

(7) Section 20-7-1145 of the 1976 Code is amended to read:

"Section 20-7-1145. If the State is acting either as a rendering or a registering state the prosecuting attorney upon the request of the court, the Department of Social Children's and Family Services, or other local welfare official shall represent the obligee in proceeding under this Part IV."

(8) Section 20-7-1315(D)(3) of the 1976 Code is amended to read:

"(3) Where a petition to stay service has been filed a hearing on the petition must be held within thirty days of its filing. The obligor, obligee, and Department of Social Children's and Family Services, Division of Economic Services, where appropriate, must be notified by the clerk of court of the date, time, and place of the hearing and the court must decide the matter, notify the obligor, and enter an order granting or denying relief or amending the notice of delinquency within forty-five days of the date the notice of delinquency was mailed to the obligor. If the court finds that a delinquency existed when the notice of delinquency was mailed, the court shall order immediate service of the notice to withhold and the arrearage may be recorded immediately pursuant to Section 20-7-1316. The court shall inform the obligor of the time frame within which withholding is to begin and shall provide the obligor in writing with the information contained in the notice to withhold to be served on the payor with respect to the withholding."

(9) Section 20-7-1315(G)(2), (4), and (6) of the 1976 Code are amended to read:

"(2) An obligee who is a recipient of public aid must send a copy of any notice of delinquency filed pursuant to subsection (C) to the Division Office of Child Support of the South Carolina Department of Social Children's and Family Services, Division of Economic Services.

(4) Upon receiving any other support payment including, but not limited to, a tax offset under federal or state law or any payment toward an arrearage, the Department of Social Services Office of Child Support, Division of Economic Services, within the time permitted by Title IV-D of the Social Security Act, shall provide notice of the payment to the clerk of court.

(6) The Department of Social Services Division of Economic Services, Office of Child Support and Office of the Court Administration shall design suggested legal forms for proceeding under this section and Section 20-7-1316 and shall make these forms available to the courts and also informational materials which describe the procedures and remedies set forth herein for distribution to all parties in support actions."

(10) Section 20-7-1315(H)(2) of the 1976 Code is amended to read:

(2) If an obligor, obligee, or the Department of Social Children's and Family Services wilfully initiates a false proceeding under this section or wilfully fails to comply with the requirements of this section, punishment for contempt may be imposed.

(11) Section 20-7-1315(J) of the 1976 Code is amended to read:

"(J) The Office of Court Administration after consultation with the Department of Social Division of Economic Services is authorized to promulgate those regulations necessary to implement the provisions of this section."

(12) Section 20-7-1317 of the 1976 Code is amended to read:

"Section 20-7-1317. Notwithstanding existing county funds allocated to the clerks of court, any federal funds earned by the clerks of court under a contract with the Department of Social Children's and Family Services pursuant to Title IV-D of the Social Security Act must first be used by the family court section of the respective offices of the clerks of court to provide adequate staff and equipment to implement and operate the provisions of Section 20-7-1315. Thereafter, excess funds shall revert to the general fund of the county."

(13) Section 20-7-1322(b) of the 1976 Code is amended to read:

"(b) If the obligor seeks a hearing to contest the proposed income withholding the clerk of court shall immediately notify the requesting agency and the Department of Social Children's and Family Services, Division of Economic Services, Office of Child Support when the request for withholding was from an agency, the obligee, obligor, or an attorney for either of the date, time, and place of the hearing and of the obligee's right to attend the hearing."

(14) Section 20-7-2450 of the 1976 Code is amended to read:

"Section 20-7-2450. The State Department Department of Children's and Family Services, Division of Economic Services may cooperate with the Federal Government in the development of plans and policies for aid to dependent children. It shall administer all funds appropriated or made available for this purpose."

(15) Section 20-7-2460 of the 1976 Code is amended to read:

"Section 20-7-2460. Any person having knowledge that any child is dependent and that the interest of such child or of the public requires that such child be granted aid may bring such fact to the attention of the county department of children's and family services in the county in which the dependent child has residence or to the State Department Division of Economic Services by making application for aid on such blanks as the State Department division shall prescribe and supply, furnishing such information as is required thereon and is necessary for the proper administration of these purposes."

(16) Section 20-7-2470 of the 1976 Code is amended to read:

"Section 20-7-2470. The county department of children's and family services shall make an investigation and examination of the circumstances of such child. Such investigation and examination shall be made in accordance with rules prescribed by the State Department director of the department or his designee. A report of such investigation and examination shall be made in writing and shall become a part of the records of the county department of children's and family services".

(17) Section 20-7-2480 of the 1976 Code is amended to read:

"Section 20-7-2480. If such child is found to be in need, the county department of children's and family services shall grant such aid as may be necessary for the support of such child in his own home or in the home of one of his relatives as set forth in this article, in a manner compatible with decency and health. In case application for aid for a dependent child is rejected by the county department, appeal may be made to the State Department as elsewhere provided in this article Division of Economic Services".

(18) Section 20-7-2500 of the 1976 Code is amended to read:

"Section 20-7-2500. Each county department shall prepare, as required by the State Department Division of Economic Services, an estimate of the amount needed for dependent children in its county. Such estimate shall set forth the number of children being aided, with the amounts of grants to each individual child and such information or data as is necessary for the State Department division to estimate the probable increase or decrease during the next ensuing period. A copy of such estimates from the various county departments of children's and family services shall be furnished each member of the legislative delegation of the respective counties."

(19) Article 1, Chapter 5, Title 43 is amended to read:

"Article 1

Public Aid and Assistance

Section 43-5-10. The There is created in the Department of Social Children's and Family Services, the Division of Economic Services which shall be responsible for maintaining uniformity in the administration of public welfare throughout the State. The Director of the Department of Children's and Family Services shall appoint a deputy director for the Division of Economic Services who only may be dismissed for cause. The commissioner shall be the only person authorized to implement the policies as determined by the Board of Social Services. The commissioner shall issue regulations pursuant to Section 1-23-10 et seq. whenever changes in federal laws and regulations supersede existing State statutes. In adopting regulations the commissioner shall strive for clarity of language which may be readily understood by those administering aid and by those who apply for or receive aid. For purposes of this chapter the term `division' means the Division of Economic Services in the Department of Children's and Family Services.

Section 43-5-15. Applications for assistance under the provisions of this chapter shall be made as provided in this chapter and when no such provision has been made in accordance with the manner and form prescribed by the department division.

Section 43-5-20. (a) It is the intent of the General Assembly that all payments of aid to families with dependent children shall be utilized and managed in such manner as to support the needy child and his eligible caretaker. Such payments shall include current payments as well as any portion of past payments returned to a current or former recipient.

(b) Whenever the department division has reason to believe that any payment of aid to dependent children is not being or may not be used in the best interests of the child, the department division shall provide counselling to the recipient and shall provide that continued failure to so use such payments for three months after counselling has begun will result in substitution therefor of protective payments as provided for in Section 43-5-65, the appointment of a guardian or legal representative as provided in the Federal Social Security Act or referral to law enforcement officials for appropriate action.

Section 43-5-25. Any person, other than a needy child, who willfully and knowingly receives or uses any part of a payment of aid to dependent children for a purpose other than in the best interest of the needy children and any eligible caretaker is deemed guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or be imprisoned for not more than one year or both.

If such misuse occurs, a protective payee will be appointed in accordance with Section 43-5-65 to manage assistance funds intended for the otherwise eligible child.

Section 43-5-30. (a) If an overpayment or underpayment is made under Title IV, Part A, of the Social Security Act (Aid to Families with Dependent Children Program [AFDC]), the department division shall make every effort to correct such action in accordance with this chapter. If the agency decides to terminate benefits to a client and payments are made pending an appeal of the agency's decision, these payments must be considered overpayment if the agency's decision is upheld.

(b) Overpayment means a financial assistance payment received which exceeds the amount for which the client was eligible. Underpayment means a financial assistance payment received which is less than the amount for which the client unit was eligible.

(c) The agency can recover an overpayment by:

(1) receiving a payment from the client, or

(2) by reducing the amount of any future aid payable to the client. The adjustment in future aid shall not reduce the family's monthly income to less than ninety percent of the amount payable to a family of the same composition with no other income. If no payment is made for a month solely by reason of the recovery of an overpayment, that individual is still considered a recipient of assistance for that month for purposes of enrollment date.

(d) If an individual has received an overpayment and does not repay the agency and is no longer receiving aid so that future payments cannot be reduced, the agency shall make recovery by taking appropriate action under the laws of the State against the income or resources of the individual or family.

(e) Correction of underpayments of assistance must be made to current recipients and those who would be current recipients if the error causing the underpayment had not occurred. For the purposes of determining continued eligibility and amount of assistance, the retroactive corrective payments are not considered income or a resource in the month paid nor in the next following month.

Section 43-5-35. Of the net amount collected by the State or any of its political subdivisions from a recipient of assistance as provided in Section 43-5-140, such portion of such net amount collected as was contributed from Federal funds shall be promptly paid to the United States Government.

Section 43-5-40. Any person who shall, except for purposes directly connected with the administration of Chapters 1, 3, 5, and 7, 9, 19 and 23 or of old age assistance, aid to the blind, aid to dependent children or general relief and in accordance with the rules and regulations of the State department division, solicit, disclose, receive, make use of or authorize, knowingly permit, participate in or acquiesce in the use of any list or name of or any information concerning persons applying for or receiving such assistance, directly or indirectly derived from the records, papers, files or communications of the State: Department of Children's and Family Services or county departments of social children's and family services or acquired in the course of the performance of official duties, shall be guilty of a misdemeanor and shall be punishable therefor by fine or imprisonment, or both.

Section 43-5-45. The department division shall provide timely and adequate notice in all cases of intended action to discontinue, terminate, suspend or reduce an assistance grant except in those cases where adequate notice alone would be consistent with the requirements of Federal law or regulation.

"Timely notice" means notice which is mailed at least ten days before the intended change would be effective.

"Adequate notice" means notice which is mailed not later than the date of action.

Both timely and adequate notice shall include a statement of what action the agency intends to take, the reasons for the intended action, the specific regulations or statutes supporting such action, an explanation of the individual's right to request an administrative hearing on the propriety of the intended action and the circumstances under which assistance is continued if a hearing is requested.

Section 43-5-50. In the event that a recipient of aid to families with dependent children does not receive an assistance check, or if such check is lost, stolen or destroyed after receipt but before it is cashed, the county office may authorize a one-time grant in the amount of the original check provided the recipient files an affidavit, under penalty of perjury, stating the facts of the loss, theft, destruction or nonreceipt of the check and setting forth all material facts relative to its loss, theft, destruction or nonreceipt. The affidavit shall further witness the recipient's understanding of his obligation, should the lost, stolen, destroyed or nonreceived check come into his possession, to return such check immediately to the County Office and that cashing or attempting to cash such check constitutes fraud.

Section 43-5-55. Two copies of all reports required by the National Center for Social Statistics of the Department of Health, Education and Welfare shall be furnished to each house of the General Assembly when they are submitted to the Federal Government.

Section 43-5-60. All assistance granted under Chapters 1, 3, 5, and 7, 9, 19 and 23 shall be deemed to be granted and to be held subject to the provisions of any amending or repealing act that may be passed and no recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by an amending or repealing act, nor shall he have any claim against the State for any failure upon the part of the General Assembly in any year to appropriate sufficient funds to pay grants previously made.

Section 43-5-65. (a) As a condition of eligibility, a needy family applying for aid to families with dependent children shall complete a certificate of eligibility containing a written declaration of such information as may be required to establish eligibility and amount of aid. The certificate shall include blanks, wherein shall be stated the names, birth dates, and Social Security numbers of all children receiving aid, their present place of residence, the names and Social Security numbers of the adult or emancipated minor applicant, the name and Social Security number and present whereabouts, last known address and place of employment of a parent who is not living in the home, any income received through employment, from the absent parent, governmental social insurance or aid programs, gifts, sale of real or personal property, interest, dividends, or from any other source, and any interest in property, real or personal. The department division shall provide assistance as needed to complete the certificate and shall insure that all applicants or recipients have or promptly apply for and obtain a Social Security number. No assistance shall be granted to Aid to Families for Dependent Children applicants or recipients until a valid Social Security number has been provided to the department division for each member of the family for whom aid is sought or when numbers are not available until there is proof that application for the Social Security number has been made. The department division shall assist the applicant or recipient in obtaining a Social Security number through procedures adopted in cooperation with the Social Security Administration or the applicant or recipient may apply for a Social Security number at the Social Security Administration office. For purposes of Aid to Families for Dependent Children Foster Care, the application for the Social Security number shall be made by the State Department of Children's and Family Services or local the county department of children's and family services. The certificate of eligibility shall also provide that, as a condition of eligibility for aid, each applicant or recipient shall:

(1) Assign to the State any rights to support from any other person the applicant may have in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid and which have accrued at the time the assignment is executed or which may accrue in the future; provided, that by accepting public assistance for or on behalf of a child or children, or by making application for services under Title IV-D, or through placement of a child or children in state funded foster care or under Title IV-E, except where good cause as determined by the agency exists, the recipient or applicant is considered to have made an assignment to the State Department of Social Children's and Family Services of any rights, title, and interest to any support obligation which is owed for the child or children or for the absent parent's spouse or former spouse who is the recipient or the applicant with whom the child is living, if and to the extent that a spousal support obligation has been established and the child support obligation is being enforced pursuant to Title IV-D of the federal Social Security Act. The assignment to the department division is considered to have been made up to the amount of public assistance money or foster care board payments paid for or on behalf of the child or children for that period of time as the public assistance monies or foster care board payments are paid. The assignment shall consist of all rights and interest in any support obligation that the recipient may be owed past, present, or future by any person up to the amount of public assistance money paid to the recipient for or on behalf of the minor child or children or a child in foster care. The department division is subrogated to the rights of the child or children or the person having custody of the child or children to collect and receive all support payments. The department division has the right to initiate any support action in its own name or in the name of the recipient to recover any payments ordered by the courts of this or any other state or to obtain a court order to initiate these payments including an action to determine the paternity of a child.

(2) cooperate with the State in establishing the paternity of a child born out of wedlock with respect to whom aid is claimed and in obtaining support payments for such applicant and for a child with respect to whom such aid is claimed, or in obtaining any other payments or property due such applicant of such child and that, if the relative with whom a child is living is found to be ineligible because of failure to comply with the requirements of items (1) and (2), any aid for which such child is eligible will be provided in the form of protective payments. The department division shall establish criteria in accordance with federal regulations to determine whether action to establish paternity and secure support is not in the best interest of a child.

(b) The term "protective payments" shall mean payments with respect to any dependent child which are made to another individual who, as determined in accordance with standards prescribed by the department division, is interested in or concerned with the welfare of such child or relative, or are made on behalf of such child or relative directly to a person furnishing food, living accommodations, or other goods, services or items to or for such child.

(c) Prior to determinations of eligibility, the department division shall conduct a personal interview with the adult members of the family or with the caretaker relatives of the needy children.

(d) Except as otherwise provided by federal law, the department division shall redetermine all elements of eligibility periodically but not less frequently than every six months. The department division shall require the family to complete a new certificate of eligibility form at the time of each redetermination.the best interest of a child.

(e) If the certificate is mailed to the family, it must be accompanied by an addressed envelope for its return. In no event may the acts of mailing to the recipient or the recipient's return of a completed certificate to the department division be substituted in lieu of a personal interview. In the event the certificate is not completed and returned within ten days after it is mailed or personally delivered to the family, contact must be made with the family and the certificate shall then be completed with the assistance of the department division if necessary. If there is a refusal to cooperate in completing the certificate, aid is denied or terminated consistent with appropriate notice requirements. In all cases where assistance is withheld or terminated for the above reason, the department division shall investigate the welfare of any dependent child affected and, if necessary, the department division shall take action on behalf of the child.

(f) Each adult member of the family shall provide, under penalty of perjury the information necessary to complete the certificate. The certificates used by the department division shall contain at the end in large type a statement in a form approved by the Attorney General that the applicant or recipient understands that he has an obligation to report immediately to the department division any changes in income or resources, composition of household, address, or any other factor which may affect eligibility and that the declarations in the certificate are correct and complete to the best of the applicant's or recipient's knowledge or belief and are made under penalty of perjury. The statement shall clearly specify that failure to report changes in circumstances that may affect eligibility and grant amount within ten calendar days of the day on which the change becomes known to the recipient constitutes withholding of information and permits the department division to recover any overpayment occasioned or caused by the withholding in accordance with Section 43-5-30. This application must be signed by the applicant or recipient of assistance or any person completing the application for an applicant or recipient unable to do so himself. The person completing the application for an applicant or recipient unable to do so himself must sign a statement attesting to the fact that this section has been explained to the applicant and to the belief that the applicant understands.

Section 43-5-70. The department division shall require that all persons applying for assistance shall provide acceptable identification and proof of residence and the department division shall by regulation specify what constitutes adequate identification and proof of residence. The department division shall require that all reports of employment or income be verified by letter or direct contact with the employer of the applicant or recipient and if the verification is made by letter, a stamped self-addressed envelope shall be enclosed and request for prompt return shall be made. The department division shall verify all other information related to the eligibility in any case in which there is reason to believe that the applicant has falsified, misrepresented or omitted any material facts such as age and number of children, real and personal property, including bank accounts and insurance policies or any other resources. No person shall be eligible for aid to families with dependent children unless he is a resident of the State.

If a recipient is or will be absent from the State for a period of thirty days or longer, the Agency shall ascertain the intent of the recipient regarding residence.

It is not the intent of the General Assembly in enacting this section to create any durational residence requirement.

Section 43-5-75. The commissioner director of the Department of Children's and Family Services or his authorized agent may, after signed authorization from the applicant or recipient, request and receive from any bank or other financial institution doing business in South Carolina information with respect to the transaction with any such institution of any applicant for or recipient of any form of aid or relief under this article and it shall be the duty of the officers and employees of such institution to furnish the information within ten working days to the department division pursuant to the written request of the commissioner director.

Section 43-5-85. The department division shall, within thirty days from the end of each quarter transmit to the Employment Security Commission the Social Security numbers of all persons sixteen years of age or older who are not in school who received aid to families with dependent children during the second prior quarter. The Employment Security Commission shall determine the amount of wages reported by employers or the amount of unemployment compensation insurance benefits which have been paid during the second and third prior quarters to persons with those Social Security numbers and the commission shall return such information, including zero wages reports, to the department division. The department division shall transmit such wage reports to its county offices for comparison with earnings reported by recipients. County offices shall take prompt action to resolve discrepancies and shall refer promptly cases of suspect fraud for investigation.

Section 43-5-90. Aid shall be granted under the provisions of this section and, subject to the regulations of the department division, to needy families with dependent children under the age of eighteen, except as provided in Section 43-5-95, in need thereof because they have been deprived of parental support or care due to:

(1) The death, physical or mental incapacity or incarceration of a parent; or

(2) The divorce, separation or desertion of a parent and resultant continued absence of a parent from the home for these and other reasons.

Section 43-5-95. Aid may be granted under the provisions of this section to or in behalf of an eligible child over the age of eighteen, if he is a full-time student in a secondary school, or in the equivalent level of vocational or technical training, and reasonably expected to complete the program before reaching age nineteen.

Section 43-5-100. For the purpose of determining eligibility for aid to dependent children on the basis of incapacity of a parent, pursuant to Section 43-5-90, physical or mental incapacity shall be deemed to exist when:

(1) The incapacity is of such a debilitating nature as to reduce substantially the parent's ability to support or care for the otherwise eligible child;

(2) The incapacity is verified by a medical doctor or psychiatrist, except that eligibility for supplemental security income benefits under Title XVI of the Federal Social Security Act on the basis of disability or eligibility to receive Federal OASDI benefits shall be considered sufficient evidence of incapacity for purposes of this section

(3) The incapacity is expected to continue for a period of at least thirty days.

The determination of incapacity in accordance with provisions set forth herein is a responsibility of the county office under the supervision of the department division. Certification shall only be for that period during which the incapacity is expected to continue.

Section 43-5-105. In any case in which application for aid to families with dependent children is based upon deprivation of parental support or care due to the continued absence of a parent from the home, such deprivation shall be deemed to exist when the nature of the absence for any reason interrupts or terminates the parent's functioning as a provider of maintenance, physical care or guidance for the child and the known or indefinite duration of the absence precludes continuing the parent's performance of his function in planning for the support or care of the child. Absence, in and of itself, shall not be deemed to constitute deprivation.

It shall be the duty of the department division to verify the continued absence of the parent from the home. Such absence shall be verified from information regarding the absent parent supplied by the applicant on his certificate of eligibility or by requiring the applicant to provide, where known, the name, Social Security number, description, employer and present or last known address of the absent parent.

Section 43-5-110. (a) In any case in which eligibility for aid to dependent children is based upon deprivation due to the absence of a parent from the home, the applicant or recipient shall at the time of application and at the time of redetermination of eligibility certify to the best of his knowledge and belief whether the applicant's or recipient's spouse, or any other person legally responsible for the children is claiming to furnish support to the eligible dependent children for purposes of federal or state income tax.

(b) If the applicant or recipient fails or refuses to provide the information required under subsection (a), such action shall be deemed a failure or refusal to cooperate in obtaining support and such person shall be denied eligibility without regard to other eligibility factors. If the relative with whom a child is living is found to be ineligible for assistance because of failure to comply with the requirements of subsection (a), any aid for which such child is eligible will be provided in the form of protective payments as defined in Section 43-5-65 (b).

The department division shall initiate an investigation in any case where there is reason to suspect the occurrence of fraud.

(c) The department division shall cooperate and exchange information with state and federal income tax authorities in all appropriate cases.

Section 43-5-115. In the case of an employed applicant or recipient who resides with his children who receive aid to families with dependent children, such recipient or applicant shall be informed of his right to claim the maximum number of exemptions for federal income tax purposes to which he is entitled under federal law. Thirty days after such notification is given, such recipient or applicant shall be considered to be claiming the maximum number of exemptions and any earned income shall be computed accordingly. The department division shall maintain tables that indicate the amount of withholding for various numbers of dependents and various income levels. The department division shall determine the maximum number of exemptions to which the applicant or recipient is entitled and shall base withholding on this maximum number of exemptions. This determination shall be made at the time of application and at the time of the periodic redetermination of eligibility and when changes in a recipient's circumstances require that the amount of withholding be redetermined.

Section 43-5-120. (a) The Tax Commission shall provide the commissioner or his designees an abstract of the income tax return requested, or provide information concerning any item of income or expense, including support claimed to have been provided to dependent children or step-children, contained in the income tax return or disclosed by any investigation of the income or return of the applicant or recipient.

(b) The information obtained pursuant to this section shall be used or disclosed only for the purpose of enabling the department division to verify or determine the eligibility of an applicant or recipient or to enable the Tax Commission to determine whether tax fraud has been committed.

(c) The applicant or recipient whose income tax records have been requested from the Tax Commission shall be notified by mail that such request has been made at the time of the request.

(d) Any violation or suspected violation of state or federal law determined under this section shall be referred to the appropriate state or federal law enforcement authorities.

(e) The commissioner or his designees shall be subject to the provisions of Section 12-7-1680 of the 1976 Code regarding the confidentiality of state income tax records.

Section 43-5-125. The term "living with" means that the caretaker relative and the child maintain a common place of residence. The requirement shall be considered met if a home and family setting is maintained or is being established and the caretaker relative exercises responsibility for the care and control of the child even though the child or caretaker is temporarily absent from time to time. A child is considered to be "living with" the caretaker relative even though he is under the jurisdiction of the court or is in the legal custody of an agency that does not have physical possession of the child.

Temporary absences from the home for purposes such as vacationing, visiting, hospitalization, convalescing and school attendance shall not constitute a break in the "living with" requirement.

Section 43-5-130. (a) Except as otherwise required by federal law, the department division shall, in determining need, take into consideration any income or resources of any child or relative claiming aid to families with dependent children, whose needs the department division determines would be considered in determining the need of a child or relative claiming such aid, as well as any expense reasonably attributed to the earning of any such income.

(b) Income, as used in subsection (a), includes any benefit in cash which is in fact currently available to the individual or is received by him as a result of current or past labor or service, or business activities.

(c) To be considered in determining eligibility for, and amount of grant, income must, in fact, be currently available to the applicant or recipient. However, the applicant or recipient shall, as a necessary condition of determining eligibility:

(1)Provide all information necessary to income determination.

(2) Take all actions necessary to obtain unconditionally available income. Income shall be considered unconditionally available if the applicant or recipient has only to claim or accept such income, including any type of governmental benefits, social insurance and private pension or benefits plan.

(d) The department division shall require evidence which establishes the gross and net amount of income received and the time and frequency of receipt. Documents and records in the possession of the applicant or recipient together with a written statement made under penalty of perjury that such information is correct and complete to the best of the applicant or recipient's knowledge or belief constitute adequate sources of evidence in absence of conflicts. Such documents or records shall be returned promptly to the applicant or recipient after necessary copies have been made and placed in the case records.

Section 43-5-140. (a) It shall be the duty of the department division to insure that every applicant for or recipient of aid to families with dependent children be informed not less frequently than semiannually as to the provisions of eligibility and his responsibility for reporting all facts material to a correct determination of eligibility and amount of grant. After such information has been provided, the department division shall require the recipient and caseworker to execute a formal acknowledgement, on a form prescribed for such purpose, describing what steps were taken to explain the eligibility and reporting requirements to the recipient and that such explanation was understood by the recipient.

(b) Each applicant for or recipient or payee of such aid to families with dependent children shall be responsible to report accurately and completely, with his competence, those facts required of him, pursuant to the explanation provided by the department division.

(c) The failure of an applicant or recipient to report facts which may affect eligibility and grant determination within ten days of the date upon which the applicant or recipient became aware of such facts shall constitute a willful withholding of such information and permit the department division to recover any overpayment occasioned or caused by the willful withholding. Such facts may include but are not limited to composition of household, address or any other factor which may affect eligibility, or failure or refusal to obtain unconditionally available income. If appropriate, recoupment proceedings may be initiated,

(d) When the department division receives information that would result in a change in grant amount or eligibility, the department division shall take action to adjust the grant or redetermine eligibility, consistent with notice requirements, within ten days of receipt of such information.

Section 43-5-145. Investigation of each application shall be made by the county departments as provided in Chapters 1, 3, 5, and 7, 9, 19 and 23 or as required by the State department division.

Section 43-5-148. Provided the eligible applicant is alive on the date the application is approved, assistance begins on the earlier of the two following dates:

(a) the date the award is authorized if that date is in the same month as the month of application; or

(b) the first day of the month in which the thirtieth day from the date of receipt of a completed and signed application falls.

Section 43-5-150. In the event an application is denied or the amount or terms of a grant or of any withdrawal or modification thereof be deemed inadequate or unjust by the applicant or recipient, the applicant or recipient or anyone acting in his behalf may demand a review of his case before the department division by filing his written request for such review with the county department not more than sixty days after notice of its action shall have been received. The county department shall, within ten days, certify its records and data on the case and such additional information as it deems relevant to the department division. The department division shall promptly grant to the applicant or recipient an opportunity for a fair hearing upon the questions raised by the applicant or recipient. At this hearing any party in interest may appear and present any relevant facts. The department division shall produce such further evidence as it may deem necessary and shall certify its findings and decision on the case back to the county department concerned and such findings and award shall thereupon become final and effective as of such date as the department shall fix. Appeals from the decision of the department may be made to an administrative law judge pursuant to the Administrative Procedures Act.

Section 43-5-155. If an application is not acted upon by the county department within the time limitations specified in Section 43-5-148 the applicant may appeal to the State department division in the manner and form prescribed in Section 43-5-150.

Section 43-5-160. The State department division may also, upon its own motion or at the request of the applicant, review any decision of a county department and may consider any application upon which a decision has not been made by the county department within a reasonable time.

Section 43-5-165. Upon any appeal under Section 43-5-150 or any review under Section 43-5-160, the State department division may make such additional investigation as it may deem necessary and shall make such decision as to the granting of assistance and the amount of assistance to be granted the applicant as in its opinion is justified and in conformity with the provisions of Chapters 1, 3, 5, and 7, 9, 19 and 23. As to any action taken by the State department division under this section, the State department division shall grant the applicant or recipient an opportunity for a fair hearing as provided under Section 43-5-150.

Section 43-5-170. The department Director of the Department of Children's and Family Services may issue subpoenas for witnesses and compel their attendance and the production of papers and writings and the commissioner director and employees designated by him may administer oaths and examine witnesses under oath.

Section 43-5-175. All decisions of the State department division shall be binding upon the county department involved and shall be complied with by such county department.

Section 43-5-180. No person shall make any charge or receive any fee for representing the applicant or recipient of assistance in connection with the granting of any assistance provided for in Chapters 1, 3, 5, and 7, 9, 19 and 23, except as to criminal proceedings and except upon appeal to the department division, and then only in a reasonable amount and subject to the regulations of the department.

Section 43-5-185. Any public officer not charged with the administration of Chapters 1, 3, 5, and 7, 9, 19 and 23 who attempts to influence a decision of the county department or State the department division respecting the application of any person for assistance or respecting the assistance to be paid or being paid shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding five hundred dollars or imprisonment not exceeding six months, or both, in the discretion of the court. The giving of information within the personal knowledge of such officer, in writing, shall not constitute an offense under this section.

Section 43-5-190. All amounts paid or payable as assistance shall be exempt from any tax levied by the State or any subdivision thereof, shall be exempt from levy and sale, attachment or any other process whatsoever and shall be inalienable and unassignable in advance in any form and, in case of bankruptcy, shall not pass to the trustee or other person acting on behalf of the creditors of the recipient of assistance.

Section 43-5-195. If an applicant or recipient shall be found by the county department to be incapable of taking care of himself or his money or if, in the judgment of the county department, his interest will be best served, the State department division or one designated by it may apply to the probate court of the county in which such applicant or recipient lives for the appointment of a guardian to whom the payments of assistance granted shall be made for the benefit of the applicant or recipient, and such guardian shall file a copy of his return with the county department, as well as the probate judge, as required by law, and such other reports as the county department shall require. The respective probate judges shall perform all necessary duties in connection with such guardianship without charging any fees, costs or commissions.

Section 43-5-200. When a recipient dies after issuance but before delivery or negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the county director of social children's and family services to the "spouse or nearest living relative" of the recipient shall be sufficient authority to the drawee bank to pay such check.

Section 43-5-210. (a) Every individual, as a condition of initial and continuing eligibility for aid to families with dependent children (WIN) shall register with the Employment Security Commission for employment, training and manpower services, unless such individual is:

(1) A child who is attending school or college on a full-time basis or who is under the age of sixteen.

(2) Ill, incapacitated or of advanced age.

(3) So remote from an Employment Security Commission office that effective participation in employment and training counseling is precluded.

(4) Required to be present in the home because of illness or incapacity of another member of the household.

(5) The mother or other relative of a child under the age of six who is caring for the child.

(6) The mother or other caretaker of a child if the father or another adult male relative is in the home and not excluded from the requirement to register, unless such adult male relative has failed to register as herein required or has refused without good cause to accept employment or to participate in work experience or training.

(7) Actively participating in the Federal Work Incentive Program or was certified to such program within the previous six months.

(b) Registration shall include a personal interview conducted by the Employment Security Commission. A work application shall be completed, a self-support plan shall be developed and the individual's job search and reporting responsibilities shall be fully explained. If employment is available, the commission shall immediately refer the individual to such employment.

(c) Any person excluded from the requirements of registration by reason of subsection (a) of this section may voluntarily register to participate in the South Carolina Employable Program. The department division shall encourage participation in this program.

(d) As a part of complying with the requirements set forth in this section, each registrant shall be assisted in conducting an adequate job search in accordance with the instructions of the Employment Security Commission. Every person registered pursuant to this section, other than persons who have been certified to the Federal Work Incentive Program and are actively participating in a work incentive component, shall report in writing on a form prescribed by the Employment Security Commission on the nature, extent and results of his job search efforts. The bureau shall notify each employable person of the reporting requirement and shall provide necessary copies of the report form.

(e) To the extent permitted by federal law, any person who fails without good cause to fulfill his job search requirements shall be ineligible for aid to families with dependent children. If such person is the sole eligible dependent child in the family, the family shall be ineligible for aid to families with dependent children.

(f) No person registered pursuant to subsection (a) of this section shall refuse to accept a bona fide offer of employment or training. The bona fide offer of employment, training or work experience must be consistent with the person's physical, mental and emotional capabilities, and to the extent feasible to previously acquired occupational skills. In order to be a bona fide offer of employment, there must be reasonable assurances that:

(1) Appropriate standards for the health, safety and other conditions applicable to the performance of work and training in the employment are established and will be maintained.

(2) The offer of employment will not result in a displacement of employed workers.

(3) The wages will be no less than three-fourths of the federal minimum wage.

(g) Any person required to register pursuant to subsection (a) of this section who fails to register or fulfill his reporting responsibilities required by subsection (d) or refuses a bona fide offer of employment or training in violation of subsection (f) shall be ineligible for aid to families with dependent children. Any aid for which such child is eligible will be provided in the form of protective payment as defined in Section 43-5-65(b).

Section 43-5-215. To the extent permitted by federal law, the Employment Security Commission shall develop and implement a demonstration program of work experience. The Employment Security Commission and the department division shall take all appropriate and necessary measures to obtain federal approval and assistance for this demonstration program.

The Employment Security Commission shall develop a plan for the phased implementation of work experience programs, designating specific geographic areas, consisting of counties or portions of counties within which work experience programs shall be established. The commission shall develop work experience programs through contracts with public entities or with nonprofit agencies or organizations, subject to the conditions and standards hereinafter set forth.

For the purpose of this section, "work experience" is a program to provide work experience and training for individuals who are not otherwise able to obtain employment or are not actively participating in training or education programs in order that such individuals may move into regular employment. Work experience programs shall be designed to develop employability through actual work experience. The facilities of the Employment Security Commission shall be utilized to find permanent employment opportunities for participants upon completion of this program. Work experience programs under this section shall be confined to projects which serve a useful public purpose such as in the fields of health, social service, environmental protection, education, urban and rural development and redevelopment, welfare, recreation, public facilities, public safety and energy conservation. To the extent feasible, the prior training, experience and skills of a participant shall be utilized in making appropriate work experience assignments.

The Employment Security Commission shall designate the procedures for inclusion of recipients of aid to families with dependent children. No person exempted from registration by the provisions of Section 43-5-210 shall be required to participate in a work experience program.

Section 43-5-220. (a) Every approved applicant for aid to families with dependent children whose eligibility is based on deprivation due to absence of a parent from the home shall at the time of approval for aid to families with dependent children be immediately referred to the designated support official of the department division. The department division shall be responsible for taking all steps necessary to identify, locate, and obtain support payments from absent parents.

(b) The department division shall establish a scale of suggested minimum contributions to assist courts in determining the amount that an absent parent should be expected to pay toward the support of a dependent child. The scale shall include consideration of gross income, shall authorize expense deductions including deductions for taxes for determining net income, shall designate other available resources to be considered and shall specify the circumstances which should be considered in reducing liability on the basis of hardship. Copies of this scale shall be made available to courts, county attorneys, circuit solicitors and to the public. It is intended that the scale formulated pursuant to this section be optional, and that no court or support official be required to use it.

(c) In all cases in which the whereabouts of the absent parent is known, the department division shall, immediately upon approval of the application for assistance, notify the absent parent of the filing of the application and of his responsibility to complete and return a written statement of his current monthly income, his total income over the past twelve months, a description of real and personal property owned by him, together with an estimate of its value, the number of dependents for whom he is providing support, the amount he is contributing regularly toward the support of all children for whom application for aid to families with dependent children has been made, his Social Security number, his itemized monthly living expenses and such other information as the department division determines to be pertinent in determining his ability to support his children.

The absent parent shall complete and return such statement to the department division within ten days after notification by the department division. The department division may request the absent parent to report for a personal interview.

If the absent parent statement is not completed within ten days after notification, the department division shall cause prompt personal service to be made. If the written statement is not completed and returned within ten days after personal service, the department division shall immediately refer the matter for prosecution for nonsupport.

(d) When the department division has obtained sufficient information concerning the absent parent, it shall immediately determine his ability to support his children and shall obtain a court order specifying an appropriate amount of support in accordance with the scale of suggested minimum contributions as provided in subsection (b). If the absent parent is residing out of the county, but within the State, and his whereabouts is known, the department division shall obtain the court order in the court of competent jurisdiction as set forth in Section 14-21-830. Court orders of support shall in all cases specify that the payment of support shall be made directly to the department division as reimbursement for assistance and not to the spouse of the absent parent. The support rights assigned to the State shall constitute an obligation owed to the State by the individual responsible for providing such support. Such obligation shall be deemed for collection purposes to be collectible under all applicable state and local processes. The amount of such obligations shall be:

(1) The amount specified in a court order which covers the assigned support rights;

(2) If there is no court order, an amount determined by the State in accordance with a formula approved by subsection (b);

(3) Any amounts collected from an absent parent under the plan shall reduce, dollar for dollar, the amount of his obligation. A debt which is a child support obligation assigned to the department division under this section is not released by a discharge in bankruptcy under the Bankruptcy Act.

(e) Failure of the absent parent to comply with his support obligation shall be referred to the court having jurisdiction of the matter for appropriate proceedings.

(f) Nothing in this section shall be construed to relieve the department division from complying with the provisions of Section 402 (a) (11) of the Social Security Act.

(g) Material falsification of information on the statement provided pursuant to subsection (d) shall constitute a misdemeanor.

(h) In the case of an individual not otherwise eligible for collection services, a fee may be imposed in accordance with federal law, regulations, and guidelines.

(i) The department division may submit to the State Tax Commission for collection and setoff any debt for past-due support owed to the department division or owed to an individual not otherwise eligible for collection services who has made application to the department division. The debt for past-due support must be at least sixty days in arrears and is in excess of twenty-five dollars as provided in Section 12-7-2240. At the time of the submission, the department division shall notify the debtor that his state tax refund will be subject to a debt for past-due support. The notice shall set forth the name of the debtor, the amount of the claimed debt, the intention to set off the refund against the debt, the taxpayer's opportunity to give written notice to contest the setoff within thirty days of the date of mailing of the notice, the appropriate office of the department division to which the application for a hearing must be sent, and the fact that failure to apply for a hearing in writing within the thirty-day period will be considered a waiver of the opportunity to contest the setoff. If the debtor makes written application to contest the setoff within thirty days of notification, the department division shall provide an opportunity for a hearing and is responsible for refunding any monies wrongfully collected. If no application is made, the debtor's refund must be used to set off the amount owed. From the amount transferred from the commission, the department division shall reimburse the commission for expenses incurred in administering this program. In the case of an individual not otherwise eligible for collection services, a fee must be imposed by the department division to cover all costs. The department division shall request that the commission send to the department division notice of the home address, corrected social security number, or additional social security numbers, if more than one is used, of any taxpayer whose name is submitted to the commission under this subsection.

Section 43-5-225. (a) A central registry of records shall be maintained in the department division showing as far as it is known with respect to any parent who has deserted or abandoned any child receiving aid to families with dependent children:

(1) The full and true name of such parent together with any known aliases.

(2) Date and place of birth.

(3) Physical description.

(4) Social Security number.

(5) Occupation and any special skills he may have.

(6) Military status and Veterans Administration or military service serial number.

(7) Last known address and the date thereof.

(8) Number of the driver's license.

(9) Any further information that may be of assistance in locating the person.

(b) To effectuate the purposes of this section, the department division shall request from all department divisions, commissions, boards or other agencies of the State or any of its political subdivisions such assistance and data as will enable the department division and other public agencies to carry out their duties to locate deserting parents and to enforce their liability for the support of their children. The department division shall utilize the "Parent Locator Service" pursuant to establishment in the Department of Health, Education and Welfare by filing in accordance with Section 453(b) of the Social Security Act.

(c) Any records established pursuant to the provisions of this section shall be available only to public welfare offices, county attorneys, circuit solicitors, probation department divisions, the Attorney General, central registries in other states and courts having jurisdiction in support or abandonment proceedings or action and only for the purposes for which the records have been established.

Section 43-5-230. There is hereby created in the office of the State Treasurer a revolving fund to be designated as the Public Welfare Cooperative Support Program Fund which shall be used by the department division in carrying out such purposes as it deems necessary. All moneys in the funds are hereby appropriated to the department division for such purposes and shall be paid without further appropriation under requisition or voucher drawn on the State Treasurer in the usual manner.

Section 43-5-235. (a) To the extent permitted by federal law, the department division may enter into annual agreements with county governments, circuit solicitors, sheriffs, and the circuit court having jurisdiction in that county to reimburse the appropriate contracting entity for a portion of the cost of developing and implementing a child support collection and paternity determination program for:

(1) securing support for persons receiving state public assistance and reimbursement of medical assistance from the legally responsible spouse or parent of assistance recipients;

(2) establishing paternity of children born out of wedlock who are receiving aid to families with dependent children and to secure support for them;

(3) all children who have sought assistance in securing support whether or not they are eligible for aid to families with dependent children and regardless of the economic circumstances. To the extent permitted by federal law, a fiscal incentive must be paid to the department division and provided to counties for collection and enforcement of absent parent support obligations. These monies must be paid to the contracting entity on a monthly basis and earmarked by the contracting entity for the exclusive use for all activities related to the establishment, collection, and enforcement of child support obligations for the fiscal year in which the payments are earned. Monies paid to the contracting entity pursuant to this section may not be used to replace operating funds for the county clerk of court's budget. Excess funds not utilized by the contracting entity for child support activities revert to the general fund of the county. Each local entity shall enter into a support enforcement agreement with the department division as a condition to receiving the fiscal incentive. To the extent that fiscal incentives are paid to the department division and are not owed under the agreement to the contracting entity, these fiscal incentives must be reinvested in the department division's Child Support Enforcement Program to increase collections of support at the state and county levels in a manner consistent with the federal laws and regulations governing incentive payments;

(4) enabling the State to increase the monthly amount of direct benefits to recipients of aid to families with dependent children.

(b) In any cooperative support program agreement entered into pursuant to this section, the department division, subject to general conditions adopted and stated in the agreement by the department division to comply with State and federal law and regulations and which will reasonably achieve the objectives of this section and made applicable to all contracting entities, may agree to reimburse the contracting entity in an amount up to ninety percent of the total expenditures made or costs incurred during the period of the agreement in the implementation of a support enforcement program developed jointly with the department division to provide improved services by the court for the benefit of children and other persons receiving aid to families with dependent children from the department division. For every one dollar spent in administrative costs, seventy-five percent shall be paid by the federal government, fifteen percent by the State and ten percent by the county. Expenses for improvement of family court services shall include those costs specified in a plan approved by the department division and incurred by the contracting entity during the period of the agreement for required equipment, for salary and travel costs of a director, other personnel and supporting clerical staff assigned on a full-time basis who are engaged in developing, planning, evaluating and implementing support collection services for persons receiving aid for families with dependent children.

(c) Services which may be included in the department division's reimbursement agreement may include assistance in the location and apprehension of deserting or putative fathers; conferring and planning with deserting or putative fathers or spouses; investigating and assessing ability to pay and current earning capacity of the legally responsible relatives; developing voluntary support or determining appropriate actions; preparing and filing and presenting to the court necessary support complaints or petitions on behalf of the assistance recipients and the department division; preparing and conducting the hearings on support complaints and petitions; and such additional measures for the protection of families of persons receiving aid to families with dependent children and of the public which the department division and the other parties to the agreement may find desirable to undertake cooperatively.

(d) Pursuant to annual agreements specified in subsection (a) related costs of equipment used for, and of staff performing services other than services for the benefit of persons receiving aid to families with dependent children shall be reimbursable to the extent that such costs represent that portion of the equipment use-time or staff members time utilized in supplying or supporting services to persons receiving aid to families with dependent children in paternity, desertion and support cases. In the allocation of reimbursable costs in providing services to persons receiving public assistance under its program agreements, the department division may adopt a formula which will reasonably achieve the objectives of this section while qualifying South Carolina expenditures under the program for any reimbursement available under federal law.

Section 43-5-240. Any county desiring to obtain the benefits of appropriations from the Public Welfare Support Reimbursement Fund shall secure the formal joinder of the circuit solicitor and of the court having jurisdiction of support cases in that county in a joint plan and a cooperative support program agreement with the department division and the execution of a cooperative support program agreement with the department division. The execution of such agreement is hereby authorized.

Section 43-5-245. (a) The department Director of the Department of Children's and Family Services or his designee shall prescribe the time at and the form on which the counties and judicial districts shall submit to the department division annual plans for the total staff and equipment needs and annual estimates of the expenditures of the county for the staffing and operations of the child support program for the coming agreement year.

(b) Upon approval of an annual plan and the estimated expenditures for an improved program the department director shall enter into a contract pursuant to Section 43-5-235.

Section 43-5-255. (a) Funds derived from savings, and to the extent necessary additional general funds, shall be utilized to increase the direct monthly payments to Aid to Families with Dependent Children recipients so that beginning on July 1, 1978, each eligible individual shall receive an additional benefit of one dollar and sixty-five cents per month.

(b) Nothing in this section shall prohibit increases in excess of that described in subsection (a)."

(20) Article 3, Chapter 5, Title 43 of the 1976 Code is amended to Read:

"Article 3

General Relief

Section 43-5-310. General assistance in the form of money payments shall be granted by the State department Division of Economic Services to handicapped and unfortunate persons in need who are not eligible for other forms of assistance provided in Chapters 1, 3, 5, and 7, 9, 19 and 23 and who are unable to support themselves because of physical or mental infirmity and would suffer unless so provided for. A recipient of such assistance must be unable to provide himself with the necessities of life, have insufficient means of his own for proper support and have no relative or other person able to provide and legally responsible for his maintenance or willing to provide therefor.

Section 43-5-320. General assistance in the form of money payments may be made to persons who are essential to the welfare of aged, blind, or disabled persons receiving other forms of public assistance and who are unable to support themselves and would suffer unless so provided for. A recipient of such assistance must be unable to provide himself with the necessities of life, have insufficient means of his own for proper support and have no relative or other person able to provide and who is legally responsible for his maintenance or willing to provide therefor.

Section 43-5-330. Applications for assistance under this article shall be made to the county department of the county in which the applicant resides. The application shall be made in writing or reduced to writing in the manner and upon a form prescribed by the State department division.

Section 43-5-340. Whenever the county department receives an application for assistance under this article, an investigation and record shall promptly be made of the circumstances of the applicant in order to ascertain the facts supporting the application and in order to obtain such other information as may be required by the rules of the State department division. The investigation may include a visit to the home of the applicant if deemed necessary by the caseworker or supervisor.

Section 43-5-350. Upon the completion of the investigation the county department shall decide whether the applicant is eligible for assistance under the provisions of this article. The amount of assistance which any such person shall receive shall be determined by the county department with due regard to the resources and necessary expenditures and the conditions existing in each case, in accordance with the rules and regulations made by of the State department division and, within available annual appropriations, shall be sufficient when added to all other income and support of the applicant to provide such person with a reasonable subsistence compatible with decency and health."

(21) Article 5, Chapter 5, Title 43 of the 1976 Code is amended to read:

"Article 5

South Carolina Employables Program Act

Section 43-5-510. This article may be cited as the South Carolina Employables Program Act.

Section 43-5-520. As used in this article:

(A) "Assistance" means money, services, goods, shelter, burial, medical, and other health care, including nursing home care provided from or with municipal, county, state, or federal funds, for needy persons who reside in this State and need assistance to provide for themselves and their dependents a decent and healthful standard of living, and for needy homeless or transient persons.

(B) "Protective payments" means payments with respect to any dependent child which are made to another individual who, as determined in accordance with standards prescribed by the department division, is interested in or connected with the welfare of such child or relative, or made on behalf of the child, or relative directly to a person furnishing food, living accommodations, or other goods, services, or items to or for the child.

(C) `department division' means the Division of Economic Services in the Department of Social Children's and Family Services (DSS).

(D) "Legally responsible relative" means spouses or the parent for an unemancipated minor child.

(E) "Timely notice" means notice which is mailed ten days or more before the intended change would be effective.

(F) "Adequate notice" means a written notice which includes a statement of what action the agency intends to take, the reasons for the intended action, the specific regulations or statutes supporting the action, an explanation of the individual's right to request an evidentiary and an administrative hearing on the propriety of the intended action, and the circumstances under which assistance is continued if a hearing is requested. Adequate notice must be sent not later than the date of action.

(G) "Aid to Families with Dependent Children" (AFDC) means the program authorized by Title IV-A of the Social Security Act to provide financial assistance and services,

(a) to families with children who are deprived of the support or care of one or more or both parents by reason of death, physical or mental incapacity, unemployment, or continued absence from home; and

(b) to children living in alternate care arrangements as a result of judicial determination.

(H) "Title IV-A State Plan" means a plan that describes aid and services to needy families and children through Aid to Families with Dependent Children (AFDC) which are provided by the State in accordance with the requirements set forth in Title IV-A of the Social Security Act.

(I) "State Work Support Plan" means the statewide operational plan for the Office of Self-Sufficiency Work Support Services Program, covering policy and procedures also defining components and available services as developed by the department division.

(J) "Work Support Services Program Unit" means a designated staff unit within a selected target area which will be responsible for the operation of the DSS Work Support Services Delivery System within that target area. Functions of the unit include, but are not limited to, assessment, employability planning, supportive counseling, service provision, coordination with other community resources, client case management, and follow-up.

(K) "Target Area" means a county or group of counties that are implementing a DSS Work Support Services Program Unit as determined by the availability of resources in the specified county.

(L) "Public assistance applicant" means any individual applying for Aid to Families with Dependent Children or Food Stamps.

(M) "Public Assistance Recipient" means any individual receiving Aid to Families with Dependent Children or Food Stamps.

(N) "AFDC Redetermination" means the reestablishment of an individual's eligibility to receive AFDC based on a review of the individual's current circumstances.

(O) "State Business and Industrial Advisory Committee" means a committee composed of representatives from businesses and industries statewide whose purpose is to provide direction and guidance to the operation of the DSS Work Support Services Program.

(P) "Intergenerational Reading Program (IRP)" means a program designed to provide a reading tutoring program for DSS Work Support clients in selected areas.

(Q) "Teen Companion Program" means a program designed to provide services to encourage teenagers, male and female, to refrain from parenting children until they are prepared to become self-sufficient and can assume the role of a parent.

(R) "Project Free Enterprise" means a program designed to expose young people between the age of fourteen and sixteen years who come from AFDC families to the American free enterprise system. Components of the program include, but are not limited to, on-site visits to businesses, sessions of preparing for the world of work, and firsthand experiences in operating a business.

(S) "South Carolina Employables Program" means the Department of Social Children's and Family Services Work Support Services Delivery System in the Division of Economic Services and firsthand experiences in operating a business.

Section 43-5-530. The provisions of Section 43-5-10, with respect to the promulgation of regulations, apply to this article.

Section 43-5-540. (a) Every applicant or recipient of public assistance, within ten days after the application for public assistance or the redetermination of eligibility as a condition of eligibility for Aid to Families with Dependent Children shall meet a work registration requirement in accordance with regulations of the DSS Work Support Services Delivery Program as set forth in the department division's Title IV-A State Plan, unless the individual is one of the following:

(1) a child who is attending school or college or an approved program or vocational training on a full-time basis or who is under the age of sixteen;

(2) ill or incapacitated;

(3) required to be present in the home because of illness or incapacity of another member of the household;

(4) The mother or other relative of a child under the age of three who is caring for the child;.

(5) the mother or other caretaker of a child if the father or another adult male relative is in the home and not excluded from the requirement to register, unless the adult male relative has failed to register as required in this article or has refused without good cause to accept employment or to participate in work experience or training;

(6) actively participating in the federal Work Incentive Program, a training program, or both;

(7) employed full time.

(b) Any person excluded from the requirements of registration by reason of subsection (a) is encouraged to participate on a voluntary basis and may register to participate in the DSS Work Support Service Delivery System.

(c) No person registered pursuant to subsection (a) may refuse to accept a bona fide offer of employment or training. In order to be a bona fide offer of employment, there must be reasonable assurances that:

(1) appropriate standards for the health, safety, minimum wage, and other conditions applicable to the performance of work and training in the employment are established and will be maintained;

(2) with respect to such employment, the conditions of work, training, education, and employment are reasonable in the light of such factors as type of work, geographical region, and the proficiency of the participant;

(3) the employment is not available due to a bona fide labor dispute, strike, or lockout.

(d) Any person required to register, pursuant to subsection (a) who wilfully fails to register or refuses a bona fide offer of employment or training in violation of subsection (c), is ineligible for assistance. Where there is no other parent present who is eligible for assistance, any aid for which the child is eligible must be provided in the form of protective payment as defined in Section 43-5-520.

Section 43-5-550. (a) The department division is responsible for the development and operation of a statewide Work Support Services Delivery System which will assist public assistance recipients, as required to register in Section 43-5-540, or those who participate on a voluntary basis, to attain economic independence through employment in response to the manpower needs of the State.

(b) The department division must also develop and operate program components, as part of the DSS Work Support Services Delivery System, which focus upon the special needs of DSS youth whose ages are from fourteen to seventeen. These special program components may include, but are not limited to the Intergenerational Reading, Teen Companion, and Project Free Enterprise program components.

(c) A major focus of the DSS Work Support Services Delivery System is the mobilization of all available resources, toward a preventive effort designed to reduce or eliminate the need for economic assistance, which would break the "welfare cycle".

(d) The department division must seek to ensure that the DSS Work Support Services Delivery System will not be in competition with or duplicate services of other work-oriented programs but will supplement and compliment those programs through the initiation and maintenance of cooperative agreements and contracts, as considered necessary by the department division.

(e) The department division shall establish a State Business and Industrial Advisory Committee which must provide direction and guidance to the department division in the planning, implementation, and operation of the DSS Work Support Services Delivery System.

(f) The Commissioner deputy director of the department division is also responsible, upon approval of the DSS State Board, for appointing the chairperson and membership of the committee.

(g) The department division is also responsible for developing policies and procedures governing the operation of the committee.

(h) The department division is responsible for developing a State Plan for the design, implementation, operation, and evaluation of the DSS Work Support Services Delivery System. The development of this State Plan must be done in coordination and cooperation with the State Reorganization Commission and the Human Services Integration Project. The State Plan must incorporate the following components:

(1) Referrals must be made to the existing Intake Unit in the DSS county Office department of children's and family services in which the Work Support Services Program is being operated. Applicants for public assistance who are determined ineligible will be referred, as considered appropriate by the department division, to other service agencies.

(2) The client assessment component of the Work Support Services Unit is to determine the individual client's current employability status and level of functioning in the following areas as are appropriate for that client:

(a) vocational assessment;

(b) educational assessment;

(c) psychological assessment;

(d) social assessment;

(e) medical assessment;

(f) economic assessment.

(3) Following assessment, an individual employability plan must be written responding to the needs of the client. A vocational objective must be established for each client in keeping with identified abilities, aptitudes, competencies, and interests. Services must also be identified in the Plan which assist the client to enter employment.

(4) Work Support Services must be provided to assist public assistance recipients to enter the work force. Services must be provided based upon individual employability needs of the client and may include, but not be limited to the following:

(a) Adjustment services shall focus on the special personal, social, and work-related needs of the client such as work maturity, job tolerance, motivation, and other necessary employment skills. These adjustment services will be provided by Work Support Services staff or by contracts or cooperative agreements with other agencies, or both.

(b) Vocational and educational training must be provided to clients based on specific needs identified during the assessment phase. The following types of training may be provided depending on individual need:

(i) On-the-job training must be provided through cooperative agreements or contracts with employers, or both.

(ii) Semi-skilled and skilled training must be provided through cooperative agreements or contracts with the Department of Vocational Rehabilitation, State Department of Education, State Board for Technical and Comprehensive Education, the private sector, or all.

(iii) Specialized training and education must be made available on an individual basis where appropriate and cost effective.

(c) Supportive counseling and guidance must be provided throughout the Work Support Services process and continue following job placement as determined necessary by the DSS Work Support Services staff and the client.

(d) These services must be provided on an individual basis and may include, but not be limited to, a child or dependent, or both, transportation, care, housing, physical restoration, and mental health. Some of the necessary ancillary services may be provided through the utilization of existing resources in the targeted areas of operation, such as day care providers, the Housing Authority, public or private transportation services, or both.

(5) Job marketing and selective placement services must be provided by the DSS Work Support Services staff and through cooperative agreement or contracts with the Employment Security Commission, Department of Vocational Rehabilitation, Job Training Partnership Act (JTPA), and Private Industry Councils (PIC), State Development Board, State Board for Technical and Comprehensive Education, or all. Emphasis must be placed on the identification and development of quality placements to assure the continued self-sufficiency of DSS clients served.

(6) The department division is responsible for the development of policies and procedures related to case management, client staffings, and other requirements, in keeping with state and federal regulations.

(7) The department division is responsible for the establishment of specific performance measurements, which must be incorporated into a comprehensive evaluation design, focusing on the cost effectiveness and efficiency of the program.

(a) The department division is responsible for identifying specific target areas within the State to implement a Work Support Services Unit. The holistic service delivery approach may be adapted and implemented in a specific county or multi-county area within the State. The department division must identify factors to be considered in implementing the Work Support Services Delivery System in a targeted area. These factors may include the special employability needs of the population, the uniqueness of the area, the manpower needs, and the availability of needed resources and services.

(b) The department division shall establish a community-based Work Support Council in each of the target areas in which a Work Support Services Unit is operated. The department division is also responsible for developing policies and procedures governing the operation of the Council. This Council shall provide input and guidance regarding the operation of that specific DSS Work Support Services Program Unit. The Legislative Delegation shall appoint members in proportion to population of county and the chairmanship shall rotate between counties. All members shall serve terms of four years with no limit on the number of terms that may be served. Membership shall include the business and industrial sector, involved agencies and organizations, and DSS clientele in the targeted area. The membership of the Council shall include, as a minimum, the following composition:

(1) five members from the involved agencies and organizations;

(2) five members from the business and industrial sector; and

(3) two members from DSS clientele.

(c) The department division shall take all appropriate measures to obtain any necessary federal approval and assistance for the South Carolina Employables Program.

(d) No department division or agency of this State and no vendor delivering social services funded in whole or in part by contracts with or grants from the department division shall discriminate in any manner, including employment or job placement, against any person because that person is or was an applicant for or recipient of assistance.

Section 43-5-560. The department division may appoint a protective payee to take charge of the expenditure of assistance granted any person under this article when, in its opinion, consistent with federal regulations, such protective payee is necessary. In any such case, payment must be made directly to the protective payee. A protective payee shall serve without compensation and is subject to such regulations and accounting as the department division shall prescribe.

Section 43-5-570. A person is not in a class of persons excluded from mandatory participation in the South Carolina Employables Program who without good cause (1) voluntarily terminates employment or reduces his earning capacity for the purpose of qualifying for assistance or a larger amount thereof, (2) refuses to participate in the DSS Work Support Services Delivery System in keeping with the State Plan, or (3) fails or refuses to accept referral to and participate in a vocational rehabilitation or training program, or refuses to accept referral to and work in employment in which he is able to engage, provided the employment conforms to the standards established for a bona fide offer of employment in the South Carolina Employables Program and is disqualified from receiving assistance for three payment months for the first such failure and for six payment months for any subsequent such failure.

Section 43-5-580. (a) Every applicant for assistance whose eligibility is based on deprivation due to absence of a parent from a home must be referred to the Office of Child Support Enforcement within two working days of the furnishing of aid or the determination that an individual is a recipient of public assistance. The department division is responsible for taking all steps necessary to identify, locate, and obtain support payments from absent parents.

(b) The department Director of the Department or his designee shall promulgate regulations which establish guidelines for minimum contributions which must be applied by the courts in determining the amount that an absent parent is expected to pay toward the support of a dependent child. Copies of the guidelines must be made available to courts, district attorneys, and to the public. The guidelines formulated pursuant to this section must be applied pursuant to the provisions of Section 20-7-852.

(c) Failure of the absent parent to comply with his support obligations must be referred to the court having jurisdiction of this matter for appropriate proceedings.

Section 43-5-590. In accordance with a child support plan approved by the federal government, the department division has the power and its duty must be to:

(a) require as a condition of eligibility for assistance that the applicant or recipient:

(i) furnish his social security account number or, to the extent permitted by federal law, proof of making application for a social security account number if the applicant or recipient has no social security account number;

(ii) assign to the State the rights to support from any other person the applicant may have in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid and which have accrued at the time the assignment is executed or which may accrue in the future. By accepting public assistance for or on behalf of a child or children, by making application for services under Title IV-D, or through placement of a child or children in state-funded foster care or under Title IV-E, except where good cause as determined by the agency exists, the recipient or applicant is considered to have made an assignment to the State Department of Social Children's and Family Services of rights, title, and interest to a support obligation which is owed for the child or children or for the absent parent's spouse or former spouse who is the recipient or the applicant with whom the child is living, if and to the extent that a spousal support obligation has been established, and the child and the child support obligation is being enforced pursuant to Title IV-D of the federal Social Security Act. The assignment to the department division is considered to have been made up to the amount of public assistance money or foster care board payments paid for or on behalf of the child or children for that period of time as the public assistance monies or foster care board payments are paid. The assignment consists of all rights and interest in a support obligation that the recipient may be owed past, present, or future by a person up to the amount of public assistance money paid to the recipient for or on behalf of the minor child or children or a child in foster care. The department division is subrogated to the rights of the child or children or the person having custody of the child or children to collect and receive all support payments. The department division has the right to initiate a support action in its own name or in the name of the recipient to recover payments ordered by the courts of this or any other state or to obtain a court order to initiate these payments including an action to determine the paternity of a child. The clerk of court shall execute the necessary order substituting the department division and changing the payee of the support to the department division upon receipt by the clerk of the notice of assignment.

(iii) cooperate with the department division in establishing the paternity of a child born out of wedlock with respect to whom aid is claimed, and in obtaining support payments for such applicant and for a child with respect to whom such aid is claimed, or in obtaining any other payments or property due such applicant of such child and that, if the relative with whom a child is living is found to be ineligible because of failure to comply with the requirements of items (a) and (b), any aid for which such child is eligible will be provided in the form of protective payments. The department division shall establish criteria in accordance with federal regulations to determine whether action to establish paternity and secure support is not in the best interest of a child.

(b) Provide for protective payments for any child eligible for assistance when a caretaker relative is ineligible due to the caretaker relative's failure to comply with either subitems (1) or (2) of item (a) of this section.

(c) Provide that in any case in which the child support payments are collected for a child with respect to whom an assignment has been made pursuant to subitem (ii) of item (a) of this section the payment is made to the department division for distribution pursuant to item (g) of this section except for those payments made for any month in which the amount collected is sufficient to make the family ineligible for assistance. The department division shall pay the amounts to the recipient consistent with federal laws and regulations. Whenever a family ceases receiving public assistance the assignment pursuant to subitem (ii) of item (a) of this section converts to a nonpublic assistance assignment. However, the nonpublic assistance recipient may submit a written request to have the assignment terminated except with respect to the amount of any unpaid support obligation that has accrued under the assignment. From this amount the department division shall attempt to collect the unpaid obligation and distribute the amounts consistent with federal laws and regulations. The department division may not charge fees or recover costs from support collections and shall pay all amounts collected which represent monthly support payment and arrearage owed to the family. The department division shall continue to provide all appropriate IV-D services and distribute any amounts collected consistent with federal laws and regulations except that the department division may not require any formal application or impose an application fee but may recover costs consistent with federal laws and regulations pursuant to item (f) of this section.

(d) The department division shall create a single and separate organizational unit which is responsible for developing and implementing a federally-approved state plan for child support. The unit shall maintain a parent locator service to locate absent relatives owing or allegedly owing child support utilizing all sources of information and legally available records and the parent locator service of the Federal Department of Health and Human Services, by filing in accordance with Section 453(B) of the social security Act. A state or local agency or private employer of this State upon request of the Department of Social Children's and Family Services shall provide the department division with information regarding the name, address, and social security number of a person owing or allegedly owing an obligation of support for a dependent child. A state or local agency, board, or commission providing this information to the department division may not charge the department division a fee for the provision of this information. This provision does not apply to information or for vital records furnished by agencies under federal mandate to be reimbursed for information provided to any federal or state agency. The department division, upon receipt of this information, may make it available only to the appropriate officials or agencies of this or any other state operating a program pursuant to Title IV-D of the federal Social Security Act.

(e) Undertake either directly or pursuant to cooperative arrangements with appropriate courts or law enforcement officials to:

(i) establish paternity of children born out of wedlock with respect to whom an assignment pursuant to subitem (2) of item (a) of this section has been made or with respect to an individual not otherwise eligible pursuant to item (f) of this section;

(ii) secure support for a child with respect to whom such an assignment has been made from any legally responsible relative.

(f) The department division shall provide that the support collection or paternity determination services made available to approved applicants for the Aid to Families With Dependent Children Program under this section be made available to an individual not receiving assistance under the program who files an application for the services with the department division. For an individual not otherwise eligible for these services under the program, a fee and cost may be imposed by the department division. The fee and cost must be an amount not to exceed the amount permitted by federal law. The fees and cost recoveries as would cause a reduction in the amount of federal matching funds must be retained by the department division to offset, dollar for dollar, the federal reductions. When there is an assignment of the rights to support, the clerk of court shall execute the necessary order substituting the department division and changing the payee of the support to the department division upon receipt by the clerk of the notice of assignment.

(g) provide for bonus payments to recipients consistent with federal law from amounts collected periodically without any decrease in the amount of assistance;

(h) make incentive payments to political subdivisions consistent with federal law whenever the political subdivision enforces or collects support rights assigned to the department division pursuant to subitem (2) of item (a) and item (f) of this section.

(i) construe and implement this section in order to comply with Title IV-D of the federal Social Security Act relating to child support and the establishment of paternity. The department division shall take all steps necessary to implement a federally approved state plan for child support.

(j) to provide that in rendering services under the plan to individuals with respect to whom an assignment is effective under this section, the State represents the public interest in establishing and enforcing child support obligations and the assignment does not create an attorney-client relationship between the agency and the custodial parent, the child, or any other party.

Section 43-5-600. Monies due from or payable by this State, including any agency, instrumentality, or authority of the State, and due to any individual is subject, in like manner and to the same extent as if the State were a private person, to legal process brought for the enforcement against such individual of his legal obligations to provide support for a child or spouse; provided, however, that Section 41-35-140 shall control in cases concerning the South Carolina Employment Security Commission.

Section 43-5-610. (a) A central registry of records must be maintained in the department division showing, as far as it is known, with respect to any parent who has deserted or abandoned any child receiving Aid to Families with Dependent Children:

(1) the full and true name of the parent, together with any known aliases;

(2) date and place of birth;

(3) physical description;

(4) social security number;

(5) occupation and any special skills he may have;

(6) military status and Veterans' Administration or military service serial number;

(7) last known address and the date of the address;

(8) the number of the driver's license;

(9) any further information that may be of assistance in locating the person.

(b) To effectuate the purposes of this section, the department division may request and shall receive from all departments, bureaus, commissions, boards, or other agencies of South Carolina, or any of its political subdivisions, and the same are authorized to provide, assistance and data as will enable the department division and other public agencies to carry out their duties to locate absent parents for the support of their children.

(c) Any records established pursuant to the provisions of this section are available only to public welfare offices, county attorneys, solicitors, probation departments, central registries in other states, and courts having jurisdiction in support or abandonment proceedings or actions and only for the purposes for which the records have been established.

Section 43-5-620. (a) The Commissioner deputy director of the division or his designees, in writing, shall have access to all records and the departments, in cooperation with all other departments of the executive branch, shall establish a single uniform system of information clearance and retrieval, wherever possible.

(b) The bureau of employment security shall provide the department division with a statement of earnings clearance upon the request of the department division.

(c) Upon request of the department division, the bureau of Motor Vehicles Division shall provide information as to all vehicles owned by the applicant or recipient.

(d) With the exception of the access provided by subsections (b) and (c), the provisions of subsection (a) may not be construed to give the department division access to information which would otherwise be considered privileged or confidential pursuant to state or federal law.

Section 43-5-630. For purposes of determining eligibility for assistance, the income received by individuals employed on a contractual basis may be prorated over the period of the contract or intermittent income received quarterly, semi-annually, or yearly may be prorated over the period covered by the income.

Section 43-5-640. Two copies of all reports required by the National Center for Social Statistics of the Department of Health and Human Services must be furnished to the Senate Medical Affairs Committee and the Medical, Military, Public and Municipal Affairs Committee of the House of Representatives when they are submitted to the federal government."

(22) Section 43-7-20 of the 1976 Code is amended to read:

"Section 43-7-20. The State Department of Children's and Family Services, Division of Economic Services shall secure Federal funds, when available, to assist in the program for medical and hospital care hereby authorized."

(23) The portion of the first sentence of Section 43-7-220 preceding (a) of the 1976 Code is amended to read:

"Section 43-7-220. The director of the county social children's and family services department or the chief administrator of any county operated hospital hereinafter referred to as petitioner, upon alleging in a verified petition,"

SECTION 6. Division for Review of Foster Care of Children

(1) Section 20-7-2376(B)(2) and (G) of the 1976 Code are amended to read:

"(2) A notarized affidavit of summary review is executed by the child caring facility and is valid on its face. The affidavit of summary review must be submitted to the board every six months and accepted by the board if it is valid on its face. The affidavit must attest to the following conditions:

(a) The person who placed the child has legal custody of the child;

(b) No court has ordered or approved the placement of the child in the care of the child caring facility except as a part of an order granting legal custody of the child to a parent or legal guardian;

(c) The facility has no knowledge that a child has ever been abused, neglected, or abandoned while under the care of the person who placed the child in the facility;

(d) The person who placed the child contributes regularly to the support of the child to the level of his ability and has done so for a period of six months immediately prior to the date of the affidavit;

(e) The person who placed the child has maintained contact and visitation with the child to the best of his ability under existing circumstances.

(G) To report to the state office of the Department of Social Children's and Family Services and other adoptive or foster care agencies any deficiencies in these agencies' efforts to secure permanent homes for children discovered in the local board's review of these cases as provided for in items (A) and (B) of this section. Any case findings or recommendations of a local review board are advisory."

(2) Section 20-7-2379 of the 1976 Code, as last amended by Act 81 of 1989, is further amended to read:

"Section 20-7-2379. There is created in the Department of Children's and Family Services the South Carolina Board of Directors Division for Review of Foster Care of Children consisting of seven members, all of whom must be past or present members of local review boards. There must be one member from each congressional district and one member from the State at large, all appointed by the Governor with the advice and consent of the Senate. Terms of office for the members of the board are for four years and until their successors are appointed and qualify. Of the initial appointments, the Governor shall designate two members to serve for one year, two for a term of two years, two for a term of three years, and one for a term of four years. Thereafter, appointments must be made by the Governor in the manner as prescribed above for terms of four years to expire on June thirtieth of the appropriate year. The board shall elect from its members a chairman who shall serve for two years. Four members of the board constitute a quorum for the transaction of business. Members of the board shall receive per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees while engaged in the work of the board. The board shall meet at least quarterly and more frequently upon the call of the chairman to review and coordinate the activities of the local review boards and The Director of the Department of Children's and Family Services shall appoint an Advisory Board comprised of one representative from each local review board to meet quarterly to make recommendations to the General Assembly with regard to foster care policies, procedures, and deficiencies of public and private agencies which arrange for foster care of children as determined by the review of cases provided for in items (A) and (B) of Section 20-7-2376. These recommendations must be included in an annual report, filed with the General Assembly, of the activities of the state office division and local review boards. The board of directors director or his designee shall promulgate regulations to carry out the provisions of this subarticle. These regulations shall provide for and must be limited to procedures for: reviewing reports and other necessary information at state, county, and private agencies and facilities; scheduling of reviews and notification of interested parties; conducting local review board and board of directors' meetings; disseminating local review board recommendations, including reporting to the appropriate family court judges the status of judicially approved treatment plans; and developing policies for summary review of children privately placed in privately-owned facilities or group homes.

The board Director of the Department of Children's and Family Services is authorized to shall employ a deputy director of the division who may be paid an annual salary to be determined by the General Assembly. The board director only may remove the deputy director at any time for any reason for cause. The deputy director shall employ staff as is necessary to carry out the provisions of this subarticle, and the staff must be compensated in an amount and in a manner as may be determined by the General Assembly. The provisions of this subarticle may not be construed to provide for subpoena authority."

(3) Section 20-7-2385 of the 1976 Code, as last amended by Act 67 of 1991, is further amended to read:

"Section 20-7-2385. There are created sixteen local boards for review of cases of children receiving foster care, one in each judicial circuit, composed of five members appointed by the Governor upon recommendation of the legislative delegation of each county within the circuit for terms of four years and until their successors are appointed and qualify. If the county legislative delegations within a judicial circuit have not recommended to the Governor a person to fill a review board vacancy within ninety days after being notified by certified mail that the vacancy exists, then the local review boards in the judicial circuit may recommend to the Governor someone to fill the vacancy. All local board members must be residents of the judicial circuit which they represent, except where a current or former member is substituting for an absent member. Local boards shall elect their chairman. If the board of directors Director of the Department of Children's and Family Services determines that additional local review boards are necessary in a judicial circuit because of an excessively large case load for review or if the local board is no longer necessary because of a reduced case load, the board director of the department may create or dissolve local review boards by resolution, and the boards created have all authority and duties provided for the boards by the provisions of this subarticle."

(4) Section 20-7-2394 of the 1976 Code is amended to read:

"Section 20-7-2394. All public and private agencies and facilities which provide for or arrange foster care for children shall cooperate with the board of directors division and local review boards by making available for review records as may be requested."

SECTION 7. (A) Except where otherwise provided by law for a specific department. The department may carry forward to the succeeding fiscal year eighty percent of unexpended appropriations. These carry forward funds may be used for the purposes for which other funds are appropriated for the use of the department.

(B) Departments may consolidate existing full-time equivalent positions (FTE's) authorized for the department and redistribute the applicable salary funds in the manner the department director determines the most efficient use of such funds, including salary increases.

(C) Any other approval procedures for department reorganization in effect on the effective date of this act no longer apply.

SECTION 8. The Director of the Department of Children's and Family Services, no later than the first day of the 1994 legislative session and every twelve months thereafter for the following three years, shall submit to the Governor and General Assembly a report giving detailed and comprehensive recommendations for the purposes of merging or eliminating duplicative or unnecessary divisions, programs, or personnel within each department to provide a more efficient administration of government services. Thereafter, the Governor shall periodically consult with the directors and the Governor shall submit a report of any recommendations to the General Assembly for review and consideration.

SECTION 9. (A) On July 1, 1993, where the provisions of this act transfer particular state agencies, departments, boards, commissions, committees or entities, or sections, divisions or portions thereof (transferring departments), to the Department of Children's and Family Services or a division within the department or make them a part of the department or part of a division of the department (receiving departments), the employees, current appropriations, bonded indebtedness if applicable, and real and personal property of the transferring department are also transferred to and become part of the receiving department or division unless otherwise specifically provided. All classified or unclassified personnel employed by these transferring departments on the effective date of this act, either by contract or by employment at will, shall become employees of the receiving department or division, with the same compensation, classification, and grade level, as applicable. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall prescribe the manner in which the transfer provided for in this section shall be accomplished.

(B) Where an agency, department, entity or official is transferred to or consolidated with the Department of Children's and Family Services or a division within the department, regulations promulgated by that transferred agency, department, entity or official under the authority of former provisions of law pertaining to it are continued and are considered to be promulgated under the authority of present provisions of law pertaining to it.

(C) References to the names of agencies, departments, entities or public officials changed by this act, to their duties or functions herein devolved upon the department or a division within the department, or to provisions of law consolidated with or transferred to other parts of the 1976 Code are considered to be and must be construed to mean appropriate references.

(D) Employees or personnel of agencies, departments, entities or public officials, or sections, divisions or portions thereof, transferred to or made a part of the department or a division of the department pursuant to the terms of this act shall continue to occupy the same offices and facilities which they now occupy unless or until otherwise changed by appropriate action and authorization. The cost of these offices and facilities, if any, shall continue to be paid by the transferring agency, department, entity or official formerly employing these personnel until otherwise provided by the General Assembly or the Budget and Control Board. The records and files of the agencies which formerly employed these personnel shall continue to remain the property of these transferring agencies, except that these personnel shall have complete access to these records and files in the performance of their duties as new employees of the receiving agency.

(E) Unless otherwise provided herein or by law, all fines, fees, forfeitures, or revenues imposed or secured by agencies, personnel, or portions thereof, so transferred to the department or a division within the department must continue to be used and expended for those purposes provided prior to the effective date of this act. If a portion of these fines, fees, forfeitures, or revenues were required to be used for the support, benefit, or expense of personnel transferred, such funds must continue to be used for these purposes.

(F) The Budget and Control Board, in consultation with the appropriate standing committees of the General Assembly and the other affected agencies, shall prescribe the manner in which the provisions of subsections (A), (D), and (E) must be implemented where agreement between the affected agencies cannot be obtained.

(G) The Budget and Control Board shall provide for a consolidated employee employment application process to be used by all state agencies or departments including those affected by the provisions of this act. This consolidated employment application process for state government shall be implemented on January 1, 1994.

(H) If the functions of former agencies have been devolved on more than one departmental division, the general support services of the former agency must be transferred to the restructured departmental divisions as determined by the Budget and Control Board or as provided by the General Assembly in the annual general appropriations act.

(I) The Code Commissioner shall:

(1) Place all appropriate provisions of sections, articles, chapters or titles enacted in this act in the appropriate parts of the 1976 Code and in so doing may modify such language as necessary to implement the intent of the General Assembly.

(2) Correct references and cross references as he considers necessary in affected provisions of the 1976 Code.

(3) Cause the changes to the 1976 Code as contained in this act to be printed in replacement volumes or in cumulative supplements as he considers practical and economical.

SECTION 10. (A) If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

(B) The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures and liabilities as they stood under the repealed or amended laws. The Department of Children's and Family Services must be substituted as a party in interest for any agency involved in a pending proceeding for which the powers, duties, and functions of the agency were transferred to the department.

SECTION 11. This act takes effect July 1, 1993.

-----XX-----



Legislative Services Agency
h t t p : / / w w w . s c s t a t e h o u s e . g o v