Current Status Introducing Body:House Bill Number:3602 Primary Sponsor:Townsend Committee Number:27 Type of Legislation:GB Subject:Child and family day care facilities Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Date Tabled:Feb 04, 1992 Computer Document Number:JIC/5305.HC Introduced Date:Feb 26, 1991 Last History Body:House Last History Date:Feb 04, 1992 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:Townsend Shirley Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3602 House Feb 04, 1992 Tabled in Committee 27
3602 House Feb 26, 1991 Introduced, read first time, 27
referred to Committee
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TO AMEND SECTION 20-7-2700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE REGULATION OF CHILD DAY CARE FACILITIES, SO AS TO INCREASE MAXIMUM ENROLLMENT FOR CHILD DAY CARE CENTERS, GROUP DAY CARE HOMES, AND FAMILY DAY CARE HOMES, AND TO PROVIDE THAT CHILDREN OF THE OPERATOR LIVING IN THE HOME WHERE DAY CARE IS OFFERED ARE EXCLUDED FOR MAXIMUM ENROLLMENT PURPOSES; TO AMEND SECTION 20-7-2730, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES FOR DAY CARE FACILITIES, SO AS TO PROVIDE THAT THE NINETY-DAY PERIOD AFTER WHICH A PROVISIONAL LICENSE MUST BE GRANTED WHEN THE DEPARTMENT OF SOCIAL SERVICES FAILS TO APPROVE OR DENY AN APPLICATION WITHIN THE PERIOD BEGINS TO RUN AFTER WRITTEN NOTICE OF THE APPLICATION IS SENT TO THE APPROPRIATE FIRE SAFETY OFFICIALS; TO AMEND SECTION 20-7-2840, RELATING TO REGISTRATION OF FAMILY DAY CARE HOMES, SO AS TO INCREASE THE MAXIMUM ENROLLMENT AND PROVIDE THAT CHILDREN OF THE OPERATOR LIVING AT HOME ARE EXCLUDED FOR MAXIMUM ENROLLMENT PURPOSES; TO AMEND SECTIONS 20-7-2860 AND 20-7-2870, SO AS TO PROVIDE THAT THE POWER OF THE DEPARTMENT OF SOCIAL SERVICES TO WITHDRAW A LICENSE OR CONDUCT OTHER REGULATORY ACTION FOR OVERENROLLMENT MAY BE EXERCISED ONLY AFTER THE LICENSEE HAS RECEIVED THREE WRITTEN VIOLATIONS FOR OVERENROLLMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 20-7-2875 AND 20-7-3097, SO AS TO ALLOW ADDITIONAL DAY CARE ENROLLMENT AFTER SCHOOL HOURS AND DURING SCHOOL VACATIONS IN SCHOOL DISTRICTS WITH ENROLLMENT UNDER FIVE THOUSAND AND TO REQUIRE THE COUNTY DEPARTMENT OF SOCIAL SERVICES TO MAKE CERTAIN MONTHLY REPORTS TO DAY CARE OPERATORS AND INFORM OPERATORS WITHIN THIRTY DAYS OF RECEIVING NOTICE FROM THE STATE DEPARTMENT OF SOCIAL SERVICES OF CHANGES IN LAWS OR REGULATIONS AFFECTING DAY CARE, TO PROVIDE A PENALTY FOR VIOLATIONS, AND TO MAKE A CONVICTION GROUNDS FOR DISMISSAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Items e, f, and g of Section 20-7-2700 of the 1976 Code are amended to read:
"e. `Child day care center' means any a facility which regularly receives thirteen sixteen or more children for day care.
f. `Group day care home' means any a facility, generally within a dwelling unit, which regularly provides child day care for at least seven nine but not more than twelve fifteen children, unattended by a parent or a legal guardian, including excluding those children living in the home and including children received for day care who are related to the resident caregiver. Provided, however, that an An occupied residence in which child day care is regularly provided only for a child or children related to the resident caregiver, or only for the child or children of one unrelated family, or only for a combination of such children is not a group day care home.
g. `Family day care home' means an occupied residence in which child day care is regularly provided for no more than six eight children, unattended by a parent or legal guardian, including excluding those children living in the home and including children received for day care who are related to the resident caregiver. Provided, however, that an An occupied residence in which child day care is regularly provided only for a child or children related to the resident caregiver, or only for the child or children of one unrelated family, or only for a combination of such children is not a family day care home."
SECTION 2. The first paragraph of Section 20-7-2730 d. of the 1976 Code is amended to read:
"Failure of the department, except as provided in Section 20-7-3070, to approve or deny an application within ninety days shall result results in the granting of a provisional license. The ninety-day period begins on the date the department gives written notice of the application to the appropriate fire safety officials."
SECTION 3. Section 20-7-2840 a. of the 1976 Code is amended to read:
"a. As used in this subarticle, `family day care home' means an occupied residence in which child day care is regularly provided for no more than six eight children, unattended by a parent or legal guardian, including excluding those children living in the home, and including the children received for day care who are related to the resident caregiver. Provided, however, that an An occupied residence in which child day care is regularly provided only for a child or children related to the resident caregiver, or only for the child or children of one unrelated family, or only for a combination of such children is not a family day care home."
SECTION 4. Section 20-7-2860 c. of the 1976 Code is amended to read:
"c. The department shall have the power to may 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 and received three written violations for overenrollment, or if the operator fails to comply with the registration procedures provided in this subarticle."
SECTION 5. Section 20-7-2870 c. of the 1976 Code is amended to read:
"c. If the visits and inspections verify conditions detrimental to the health and safety of the children or after three written violations for overenrollment, the department shall carry out its responsibility as authorized by subsection C of Sections 20-7-2760 c. and 20-7-3010."
SECTION 6. Subarticle 11, Article 13, Chapter 7, Title 30 of the 1976 Code is amended by adding:
"Section 20-7-2875. Notwithstanding the enrollment limits of this subarticle, in a school district with fewer than five thousand students enrolled, a caregiver may enroll five additional school-age children who attend school in the district after school hours or during school board approved holidays."
SECTION 7. Subarticle 11, Article 13, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-3097. The county department of social services shall provide a list of the name, address, and phone number of every day care provider in the county on a monthly basis to every day care facility owner or principal licensee. Within thirty days of receipt of notice of changes in laws or regulations affecting day care providers from the State Department of Social Services, the county department of social services shall forward to each day care provider in the county copies of the changed laws and regulations. A county director of social services who wilfully fails to conform to the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars. A conviction for violating this section is grounds for the dismissal of a county director of social services."
SECTION 8. This act takes effect upon approval by the Governor.