H*4262(Rat #0301, Act #0263 of 2016)  General Bill, By Erickson, M.S. McLeod, 
Collins and Long

Similar(S 763)
 AN ACT TO AMEND SECTION 63-13-820, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO REGISTRATION OF FAMILY CHILDCARE HOMES, SO AS TO REQUIRE A
 FINGERPRINT REVIEW OF CERTAIN PERSONS; TO AMEND SECTION 63-13-825, RELATING TO
 TRAINING FOR FAMILY CHILDCARE HOME OPERATORS AND EMPLOYEES, SO AS TO REQUIRE
 ADDITIONAL TRAINING; TO AMEND SECTION 63-13-830, RELATING TO STATEMENTS OF
 REGISTRATION FOR FAMILY CHILDCARE HOMES, SO AS TO PROVIDE ADDITIONAL AUTHORITY
 OF THE DEPARTMENT OF SOCIAL SERVICES AND RIGHTS OF FAMILY CHILDCARE HOMES; AND
 TO AMEND SECTION 63-13-850, RELATING TO APPEALS OF DECISIONS TO WITHDRAW A
 STATEMENT OF REGISTRATION OF A FAMILY CHILDCARE HOME, SO AS TO ALSO ADDRESS
 APPEALS OF DECISIONS TO DENY AN APPLICATION FOR A STATEMENT OR RENEWAL OF
 REGISTRATION. - ratified title

   05/26/15  House  Introduced and read first time (House Journal-page 74)
   05/26/15  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs (House Journal-page 74)
   02/25/16  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs
                     (House Journal-page 4)
   03/01/16  House  Debate adjourned until Wed., 3-2-16
                     (House Journal-page 12)
   03/02/16  House  Amended (House Journal-page 20)
   03/02/16  House  Debate adjourned until Thur., 3-3-16
                     (House Journal-page 30)
   03/03/16  House  Debate adjourned until Tues., 3-8-16
                     (House Journal-page 22)
   03/08/16  House  Read second time (House Journal-page 14)
   03/08/16  House  Roll call Yeas-93  Nays-0 (House Journal-page 16)
   03/09/16  House  Read third time and sent to Senate
                     (House Journal-page 7)
   03/09/16  House  Roll call Yeas-106  Nays-0 (House Journal-page 7)
   03/10/16  Senate Introduced and read first time (Senate Journal-page 7)
   03/10/16  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 7)
   04/22/16  Senate Referred to Subcommittee: Young (ch), McElveen, Shealy
   05/11/16  Senate Committee report: Favorable with amendment
                     Judiciary (Senate Journal-page 15)
   05/31/16  Senate Committee Amendment Adopted (Senate Journal-page 31)
   05/31/16  Senate Read second time (Senate Journal-page 31)
   05/31/16  Senate Roll call Ayes-45  Nays-0 (Senate Journal-page 31)
   06/02/16  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 56)
   06/02/16  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 85)
   06/02/16  House  Roll call Yeas-97  Nays-0 (House Journal-page 85)
   06/06/16         Ratified R 301
   06/09/16         Signed By Governor
   06/15/16         Effective date See Act for Effective Date
   06/16/16         Act No. 263

(A263, R301, H4262)

AN ACT TO AMEND SECTION 63-13-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF FAMILY CHILDCARE HOMES, SO AS TO REQUIRE A FINGERPRINT REVIEW OF CERTAIN PERSONS; TO AMEND SECTION 63-13-825, RELATING TO TRAINING FOR FAMILY CHILDCARE HOME OPERATORS AND EMPLOYEES, SO AS TO REQUIRE ADDITIONAL TRAINING; TO AMEND SECTION 63-13-830, RELATING TO STATEMENTS OF REGISTRATION FOR FAMILY CHILDCARE HOMES, SO AS TO PROVIDE ADDITIONAL AUTHORITY OF THE DEPARTMENT OF SOCIAL SERVICES AND RIGHTS OF FAMILY CHILDCARE HOMES; AND TO AMEND SECTION 63-13-850, RELATING TO APPEALS OF DECISIONS TO WITHDRAW A STATEMENT OF REGISTRATION OF A FAMILY CHILDCARE HOME, SO AS TO ALSO ADDRESS APPEALS OF DECISIONS TO DENY AN APPLICATION FOR A STATEMENT OR RENEWAL OF REGISTRATION.

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

Family childcare homes, fingerprinting requirements

SECTION    1.    Section 63-13-820(C) of the 1976 Code is amended to read:

"(C)    A person applying to become a registered operator of a family childcare home under this section, a person fifteen years of age or older living in the family childcare home, and any person fifteen years of age or older who moves into the family childcare home after the initial application for registration is approved shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal."

Family childcare home operators, educational requirements

SECTION    2.    Section 63-13-825(A) of the 1976 Code, as added by Act 292 of 2010, is amended to read:

"(A)    An operator of a family childcare home and any person employed by or who contracts with an operator of a family childcare home to provide direct childcare, annually shall complete and provide documentation to the Department of Social Services of a minimum of ten hours of training approved by the department."

Family childcare home applications

SECTION    3.    Section 63-13-830(E) of the 1976 Code is amended to read:

"(E)(1)    The department may deny an application for a statement of registration, deny an application for a renewal of registration, work with a family childcare home operator to resolve a concern, or withdraw a statement of registration if one or more of the following apply:

(a)    the health or safety of any child in the facility is at risk;

(b)    the family childcare home operator, in the operation of a family childcare home facility, previously enrolled or currently has enrolled children beyond the limits defined in this chapter;

(c)    the operator fails to comply with the registration procedures provided in this chapter; or

(d)    the operator fails to comply with the training requirements provided in Section 63-13-825(A).

(2)    If a family childcare home has had its application for a statement or renewal of registration denied by the department or its statement of registration withdrawn by the department pursuant to this subsection, the family childcare home may elect to meet the requirements for licensure by demonstrating compliance with Article 3 of this chapter and the suggested standards developed by the department pursuant to Section 63-13-180.

(3)    The department shall consider previous applications, the circumstances of prior inspections, or withdrawals of registration, by the department or the applicant, as factors to be considered in the application process; however, a prior concern does not prohibit the department from granting the family childcare home a statement or renewal of registration if the department is satisfied the concern has been resolved.

(4)    If the operator fails to comply with the training requirements provided in Section 63-13-825(A) prior to the expiration of the registration or fails to timely renew the registration, the department shall place the operator on a corrective action plan."

Family childcare home statement of registration, appeals

SECTION    4.    Section 63-13-850(A) of the 1976 Code is amended to read:

"(A)    A registrant whose statement of registration has been withdrawn by the department or whose application for a statement or renewal of registration has been denied by the department must be given written notice of the withdrawal or denial by certified or registered mail. The notice must contain the reasons for the proposed action and must inform the registrant of the right to appeal the decision to the director or his designee in writing within thirty calendar days after the receipt of the notice. Upon receiving a written appeal, the director or his designee shall give the registrant reasonable notice and an opportunity for a prompt hearing before the director or his designee. On the basis of the evidence adduced at the hearing, the director or his designee shall make the final decision of the department as to whether the department shall withdraw the statement of registration or deny the application for a statement or renewal of registration, as applicable. If no written appeal is made, the department shall withdraw a statement of registration or deny the application for a statement or renewal of registration as of the termination of the thirty-day period."

Time effective

SECTION    5.    Section 63-13-825(A) of Article 7, Chapter 13, Title 63 takes effect July 1, 2017. The remaining provisions of this act take effect upon approval by the Governor.

Ratified the 6th day of June, 2016.

Approved the 9th day of June, 2016.