H 4949 General Bill, By Cobb-Hunter and L.S. Whipper
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 20-7-1641 so as to require adults in foster homes and employees and volunteers
 in residential group homes and child caring institutions to undergo central
 registry child abuse and neglect checks and criminal history background checks
 and to prohibit a person with certain convictions from serving in these
 capacities.

   03/22/94  House  Introduced and read first time HJ-11
   03/22/94  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-11

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1641 SO AS TO REQUIRE ADULTS IN FOSTER HOMES AND EMPLOYEES AND VOLUNTEERS IN RESIDENTIAL GROUP HOMES AND CHILD CARING INSTITUTIONS TO UNDERGO CENTRAL REGISTRY CHILD ABUSE AND NEGLECT CHECKS AND CRIMINAL HISTORY BACKGROUND CHECKS AND TO PROHIBIT A PERSON WITH CERTAIN CONVICTIONS FROM SERVING IN THESE CAPACITIES.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 20-7-1641. A. The State Department of Social Services shall conduct a Central Registry of Child Abuse and Neglect check and criminal history background check on all applicants for licensing as foster parents and upon all adults living in the home when the home undergoes licensing and renewal and when notified that a new adult has begun residing in the home. The State Department of Social Services shall conduct a child abuse and neglect Central Registry check and criminal history background check on all employees of and volunteers in residential group homes and child-caring institutions at the time the employee is hired or volunteer is accepted and annually thereafter upon the renewal date of the facility's license. Notwithstanding any provision of confidentiality laws, the department may release information obtained from these records to the facility or to a child placing agency sponsoring a foster family.

B. No person with a conviction of a crime involving child abuse or neglect, any form of sexual assault, lewd act on a minor, or any violent offense involving a minor may be licensed as a foster parent or reside in a licensed foster home or be employed by or act as a volunteer for a residential group home or child-caring institution.

C. Convictions of other crimes must be reviewed by the State Department of Social Services to determine whether the individual would be a suitable caregiver for foster children or other children in residential care or could contribute to a suitable environment for the care of foster children or other children in residential care. To make this determination the State Department of Social Services may require the County Department of Social Services, child-placing agency, residential group home, child-caring institution, or the individual to submit additional information to permit a full assessment. The assessment shall include, but is not limited to, consideration of length of time lapsed since the underlying events, nature of the events, evidence of the individual's rehabilitation, the age of the individual at the time of the event, and the extent of the individual's criminal record.

D. No person appearing on the Central Registry of Child Abuse and Neglect as a perpetrator in a case determined after January 1, 1993, may be licensed as a foster parent or reside in a licensed foster home or be employed by or serve as a volunteer for a residential group home or child-caring institution.

E. If a person appears as a perpetrator on the Central Registry of Child Abuse and Neglect in a case determined before January 1, 1993, the State Department of Social Services shall conduct a review to determine whether the individual would be a suitable caregiver for foster children or other children in residential care or could contribute to a suitable environment for the care of foster children or other children in residential care. To make this determination the State Department of Social Services may require the County Department of Social Services, child-placing agency, residential group home, child-caring institution, or the individual to submit additional information to permit a full assessment. The assessment shall include, but is not limited to, consideration of length of time lapsed since the underlying events, nature of the events, evidence of the individual's rehabilitation, the age of the individual at the time of the event, and the extent of the individual's criminal record.

F. If the department requests additional information pursuant to subsections (C) or (E), the time for issuance or renewal of a license is stayed until all requested information is received. The failure to submit requested information within the time specified by the department may result in denial or revocation of a license."

SECTION 2. This act takes effect upon approval by the Governor.