Current Status Bill Number:1149 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960215 Primary Sponsor:Rose All Sponsors:Rose Drafted Document Number:res9826.mtr Companion Bill Number:4537 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Day care centers and employees, provisions
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960215 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES; TO CREATE A CRIMINAL OFFENSE WHEN A PERSON CONVICTED OF CERTAIN CRIMES APPLIES TO OR IS EMPLOYED BY A DAY CARE CENTER; TO REQUIRE EMPLOYMENT APPLICATIONS TO INCLUDE A STATEMENT REGARDING THE CRIMINAL OFFENSE; TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS; TO ALLOW TEMPORARY EMPLOYMENT PENDING RESULTS OF THE REVIEW; TO PROVIDE THAT THE CRIMINAL HISTORY REVIEWS APPLY ONLY TO AN EMPLOYEE OR VOLUNTARY CAREGIVER OF A DAY CARE CENTER, GROUP DAY CARE HOME, FAMILY DAY CARE HOME, OR CHURCH OR RELIGIOUS DAY CARE CENTER WHO PROVIDES CARE TO THE CHILD OR CHILDREN WITHOUT THE DIRECT PERSONAL SUPERVISION OF A PERSON LICENSED, REGISTERED, OR APPROVED UNDER THIS SUBARTICLE AND WHO IS IN THE PRESENCE OF THE CHILD OR CHILDREN TO WHOM CARE IS PROVIDED AT ALL TIMES DURING WHICH THE CARE IS PROVIDED; TO WAIVE FINGERPRINT REVIEWS FOR PERSONS CONTINUOUSLY EMPLOYED IN A DAY CARE CENTER FOR THE TWO YEARS PRIOR TO THIS ACT'S EFFECTIVE DATE; TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, ALL AS AMENDED, AND ALL RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES FOR WHICH LICENSES, APPROVALS, AND REGISTRATIONS MAY NOT BE ISSUED AND TO DELETE, FOR THE PURPOSE OF CONSOLIDATION, PROVISIONS RELATING TO EMPLOYMENT IN DAY CARE CENTERS; AND TO AMEND SECTION 20-7-2905, AS AMENDED, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION TO PROVIDE TWO COPIES OF THE RESULTS OF THESE REVIEWS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-2725. (A) No day care center, group day care home, family day care home, or church or religious day care center may employ a person or engage the services of a caregiver who has been convicted of:
(1) a violent crime, as defined in Section 16-1-60;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) a crime listed in Chapter 53 of Title 44, for which the maximum term of imprisonment is five years or more;
(4) a felony classified in Section 16-1-10(A);
(5) a crime classified as exempt in Section 16-1-10(D), for which the maximum term of imprisonment is twenty years or more;
(6) violating any of the following provisions:
(a) Section 16-3-85, homicide by child abuse;
(b) Section 16-3-654, criminal sexual conduct, third degree;
(c) Section 16-3-655, criminal sexual conduct with minors;
(d) Section 16-3-656, assault with intent to commit criminal sexual conduct;
(e) Section 16-3-810, engaging a child for sexual performance;
(f) Section 16-3-820, producing, directing or promoting sexual performance by a child;
(g) Section 16-3-1060, the sale or purchase of child or receipt of compensation for relinquishing custody of child for adoption;
(h) Section 16-17-490, contributing to the delinquency of a minor;
(i) Section 16-17-495, transporting a child under sixteen years of age outside State with intent to violate a custody order;
(j) Section 16-17-500, supplying minors with tobacco or cigarettes;
(k) Section 16-17-510, enticing an enrolled child from attendance in public school;
(l) Section 16-23-30(c), the sale or delivery of a pistol to a person under the age of twenty-one;
(m) Section 16-23-430, carrying weapons on school property;
(n) Section 16-25-20, criminal domestic violence;
(o) Section 16-25-65, statutory offense of criminal domestic violence of a high and aggravated nature;
(p) Section 20-7-50, unlawful neglect of a child or a helpless person by legal custodian;
(q) Section 20-7-60, ill-treating children, apprentices, servants, incompetents or helpless persons;
(r) Section 20-7-70, cruelty to children;
(s) Section 20-7-80, abandonment of children;
(t) Section 20-7-1690(F), receipt or payment of compensation for consent or relinquishment of a child for adoption;
(u) Section 20-7-3095, unlawful to commit certain offenses within specified radius of a child day care facility;
(v) Section 44-53-445, distribution of a controlled substance within proximity of school;
(w) Section 56-5-2947, child endangerment; or
(x) the common law crime of infanticide;
(7) a crime in which the victim, or one of the victims, was a child; or
(8) a crime similar in nature to a crime enumerated in items 1 through 7 committed in another jurisdiction or in violation of federal law.
(B) A person who has been convicted of a crime enumerated in subsection (A) who applies for employment with, is employed by, or seeks to provide caregiver services, or is a caregiver at a day care center, group day care home, family day care home, or church or religious day care center is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(C) Application forms for employment at child day care centers, group day care homes, family day care homes, or church or religious day care centers must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (A) who applies for employment with, is employed by, or seeks to provide caregiver services or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(D) To be employed by or to provide caregiver services at a child day care center, group day care home, family day care home, or church or religious day care center, a person first 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. A person may be provisionally employed or may provisionally provide caregiver services pending the results of the fingerprint reviews for a period not to exceed one hundred-twenty days, provided that the person affirms in writing that they have not been convicted of any of the crimes provided by this section. The results of the fingerprint reviews are valid and no review is required to be repeated unless the person ceases to be employed by or ceases to provide caregiver services at any facility licensed, registered, or approved under this subarticle for a period of one year or more. A person who ceases to be employed by or ceases to provide caregiver services at any facility licensed, registered, or approved under this subarticle for a period of one year or more must undergo the reviews provided in this section to be employed by or to provide caregiver services at a child day care center, group day care home, family day care home, or church or religious day care center.
(E) Unless otherwise required by law, this section applies only to an employee or voluntary caregiver of a day care center, group day care home, family day care home, or church or religious day care center who provides care to the child or children without the direct personal supervision of a person licensed, registered, or approved under this subarticle and who is in the presence of the child or children to whom care is provided at all times during which the care is provided."
SECTION 2. 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 and in the manner it prescribes.
(B) Before issuing a license the department 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, if 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, except as provided in Section 20-7-3070, to approve or deny an application within ninety days results in the granting of a provisional license.
(E) No license may be issued to an operator who has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(1) a violent crime, as defined in Section 16-1-60;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) a crime listed in Chapter 53 of Title 44, for which the maximum term of imprisonment is five years or more;
(4) a felony classified in Section 16-1-10(A);
(5) a crime classified as exempt in Section 16-1-10(D), for which the maximum term of imprisonment is twenty years or more;
(6) violating any of the following provisions:
(a) Section 16-3-85, homicide by child abuse;
(b) Section 16-3-654, criminal sexual conduct, third degree;
(c) Section 16-3-655, criminal sexual conduct with minors;
(d) Section 16-3-656, assault with intent to commit criminal sexual conduct;
(e) Section 16-3-810, engaging a child for sexual performance;
(f) Section 16-3-820, producing, directing or promoting sexual performance by a child;
(g) Section 16-3-1060, the sale or purchase of child or receipt of compensation for relinquishing custody of child for adoption;
(h) Section 16-17-490, contributing to the delinquency of a minor;
(i) Section 16-17-495, transporting a child under sixteen years of age outside State with intent to violate a custody order;
(j) Section 16-17-500, supplying minors with tobacco or cigarettes;
(k) Section 16-17-510, enticing an enrolled child from attendance in public school;
(l) Section 16-23-30(c), the sale or delivery of a pistol to a person under the age of twenty-one;
(m) Section 16-23-430, carrying weapons on school property;
(n) Section 16-25-20, criminal domestic violence;
(o) Section 16-25-65, statutory offense of criminal domestic violence of a high and aggravated nature;
(p) Section 20-7-50, unlawful neglect of a child or a helpless person by legal custodian;
(q) Section 20-7-60, ill-treating children, apprentices, servants, incompetents or helpless persons;
(r) Section 20-7-70, cruelty to children;
(s) Section 20-7-80, abandonment of children;
(t) Section 20-7-1690(F), receipt or payment of compensation for consent or relinquishment of a child for adoption;
(u) Section 20-7-3095, unlawful to commit certain offenses within specified radius of a child day care facility;
(v) Section 44-53-445, distribution of a controlled substance within proximity of school;
(w) Section 56-5-2947, child endangerment; or
(x) the common law crime of infanticide;
(7) a crime in which the victim, or one of the victims, was a child; or
(8) a crime similar in nature to a crime enumerated in items 1 through 7 committed in another jurisdiction or in violation of federal law.
(F) No facility may employ or engage the services of a person who has been convicted of one of the crimes listed in this section. A person who has been convicted of one of the crimes listed in this section who applies for a license as an operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(G) Application forms for licenses issued under this chapter by the department and application forms for employment at an individual private child day care center or a group day care home section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as an operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(H)(G) A person applying for a license as an operator under this section or seeking employment or seeking to provide caregiver services at a facility licensed under this section shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver."
SECTION 3. 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 is the responsibility of the department.
(B) Application for renewal must be made on forms supplied by the department in the manner it prescribes.
(C) Before renewing a license the department 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 must 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 within the time period specified in this subarticle, if 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.
(D) No license may be renewed for any operator who has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(1) a violent crime, as defined in Section 16-1-60;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) a crime listed in Chapter 53 of Title 44, for which the maximum term of imprisonment is five years or more;
(4) a felony classified in Section 16-1-10(A);
(5) a crime classified as exempt in Section 16-1-10(D), for which the maximum term of imprisonment is twenty years or more;
(6) violating any of the following provisions:
(a) Section 16-3-85, homicide by child abuse;
(b) Section 16-3-654, criminal sexual conduct, third degree;
(c) Section 16-3-655, criminal sexual conduct with minors;
(d) Section 16-3-656, assault with intent to commit criminal sexual conduct;
(e) Section 16-3-810, engaging a child for sexual performance;
(f) Section 16-3-820, producing, directing or promoting sexual performance by a child;
(g) Section 16-3-1060, the sale or purchase of child or receipt of compensation for relinquishing custody of child for adoption;
(h) Section 16-17-490, contributing to the delinquency of a minor;
(i) Section 16-17-495, transporting a child under sixteen years of age outside State with intent to violate a custody order;
(j) Section 16-17-500, supplying minors with tobacco or cigarettes;
(k) Section 16-17-510, enticing an enrolled child from attendance in public school;
(l) Section 16-23-30(c), the sale or delivery of a pistol to a person under the age of twenty-one;
(m) Section 16-23-430, carrying weapons on school property;
(n) Section 16-25-20, criminal domestic violence;
(o) Section 16-25-65, statutory offense of criminal domestic violence of a high and aggravated nature;
(p) Section 20-7-50, unlawful neglect of a child or a helpless person by legal custodian;
(q) Section 20-7-60, ill-treating children, apprentices, servants, incompetents or helpless persons;
(r) Section 20-7-70, cruelty to children;
(s) Section 20-7-80, abandonment of children;
(t) Section 20-7-1690(F), receipt or payment of compensation for consent or relinquishment of a child for adoption;
(u) Section 20-7-3095, unlawful to commit certain offenses within specified radius of a child day care facility;
(v) Section 44-53-445, distribution of a controlled substance within proximity of school;
(w) Section 56-5-2947, child endangerment; or
(x) the common law crime of infanticide;
(7) a crime in which the victim, or one of the victims, was a child; or
(8) a crime similar in nature to a crime enumerated in items 1 through 7 committed in another jurisdiction or in violation of federal law.
(E) Application forms for license renewals issued under this chapter by the department for private child day care centers or group day care homes section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license renewal as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) A licensee seeking license renewal under this section, its employees, and its caregivers, who have not done so previously, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, 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.
(G) No facility may employ or engage the services of an employee or caregiver who has been convicted of one of the crimes listed in this section."
SECTION 4. 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 must be made on forms supplied by the department and in the manner it prescribes.
(B) Before issuing approval the department 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 must 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 within the time period specified in this subarticle, if adequate notification regarding deficiencies has been given, the appropriate public officials of the state and local government must be notified.
(C) A person applying for approval under this section, who will operate the facility, or seeking employment or seeking to provide caregiver services at a facility licensed under this section shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver.
(D) No approval may be granted under this section if the person applying for approval or the operator, an employee, or a caregiver of the facility has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes in this subsection committed in other jurisdictions or under federal law.
(1) a violent crime, as defined in Section 16-1-60;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) a crime listed in Chapter 53 of Title 44, for which the maximum term of imprisonment is five years or more;
(4) a felony classified in Section 16-1-10(A);
(5) a crime classified as exempt in Section 16-1-10(D), for which the maximum term of imprisonment is twenty years or more;
(6) violating any of the following provisions:
(a) Section 16-3-85, homicide by child abuse;
(b) Section 16-3-654, criminal sexual conduct, third degree;
(c) Section 16-3-655, criminal sexual conduct with minors;
(d) Section 16-3-656, assault with intent to commit criminal sexual conduct;
(e) Section 16-3-810, engaging a child for sexual performance;
(f) Section 16-3-820, producing, directing or promoting sexual performance by a child;
(g) Section 16-3-1060, the sale or purchase of child or receipt of compensation for relinquishing custody of child for adoption;
(h) Section 16-17-490, contributing to the delinquency of a minor;
(i) Section 16-17-495, transporting a child under sixteen years of age outside State with intent to violate a custody order;
(j) Section 16-17-500, supplying minors with tobacco or cigarettes;
(k) Section 16-17-510, enticing an enrolled child from attendance in public school;
(l) Section 16-23-30(c), the sale or delivery of a pistol to a person under the age of twenty-one;
(m) Section 16-23-430, carrying weapons on school property;
(n) Section 16-25-20, criminal domestic violence;
(o) Section 16-25-65, statutory offense of criminal domestic violence of a high and aggravated nature;
(p) Section 20-7-50, unlawful neglect of a child or a helpless person by legal custodian;
(q) Section 20-7-60, ill-treating children, apprentices, servants, incompetents or helpless persons;
(r) Section 20-7-70, cruelty to children;
(s) Section 20-7-80, abandonment of children;
(t) Section 20-7-1690(F), receipt or payment of compensation for consent or relinquishment of a child for adoption;
(u) Section 20-7-3095, unlawful to commit certain offenses within specified radius of a child day care facility;
(v) Section 44-53-445, distribution of a controlled substance within proximity of school;
(w) Section 56-5-2947, child endangerment; or
(x) the common law crime of infanticide;
(7) a crime in which the victim, or one of the victims, was a child; or
(8) a crime similar in nature to a crime enumerated in items 1 through 7 committed in another jurisdiction or in violation of federal law.
(E) No facility may employ or engage the services of an operator, an employee, or a caregiver who has been convicted of one of the crimes listed in this section. A person who has been convicted of one of the crimes listed in this section who applies for approval as an operator at, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility licensed under this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) Application forms for a statement of standard conformity or approval issued under this chapter by the department and application forms for employment at individual public child day care centers or group day care homes section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility approval is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."
SECTION 5. 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 is the responsibility of the department.
(B) Application for renewal must be made on forms supplied by the department and in the manner it prescribes.
(C) Before renewing an approval the department 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 must 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 must be notified.
(D) A person applying for approval renewal under this section, a person who will operate the facility, and its employees and caregivers, who have not done so previously, on the first approval renewal after June 30, 1995, or by June 30, 1996, whichever is later, 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.
(E) No approval may be granted renewed under this section if the person applying for approval renewal, the operator of the facility, or an employee or a caregiver has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(1) a violent crime, as defined in Section 16-1-60;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) a crime listed in Chapter 53 of Title 44, for which the maximum term of imprisonment is five years or more;
(4) a felony classified in Section 16-1-10(A);
(5) a crime classified as exempt in Section 16-1-10(D), for which the maximum term of imprisonment is twenty years or more;
(6) violating any of the following provisions:
(a) Section 16-3-85, homicide by child abuse;
(b) Section 16-3-654, criminal sexual conduct, third degree;
(c) Section 16-3-655, criminal sexual conduct with minors;
(d) Section 16-3-656, assault with intent to commit criminal sexual conduct;
(e) Section 16-3-810, engaging a child for sexual performance;
(f) Section 16-3-820, producing, directing or promoting sexual performance by a child;
(g) Section 16-3-1060, the sale or purchase of child or receipt of compensation for relinquishing custody of child for adoption;
(h) Section 16-17-490, contributing to the delinquency of a minor;
(i) Section 16-17-495, transporting a child under sixteen years of age outside State with intent to violate a custody order;
(j) Section 16-17-500, supplying minors with tobacco or cigarettes;
(k) Section 16-17-510, enticing an enrolled child from attendance in public school;
(l) Section 16-23-30(c), the sale or delivery of a pistol to a person under the age of twenty-one;
(m) Section 16-23-430, carrying weapons on school property;
(n) Section 16-25-20, criminal domestic violence;
(o) Section 16-25-65, statutory offense of criminal domestic violence of a high and aggravated nature;
(p) Section 20-7-50, unlawful neglect of a child or a helpless person by legal custodian;
(q) Section 20-7-60, ill-treating children, apprentices, servants, incompetents or helpless persons;
(r) Section 20-7-70, cruelty to children;
(s) Section 20-7-80, abandonment of children;
(t) Section 20-7-1690(F), receipt or payment of compensation for consent or relinquishment of a child for adoption;
(u) Section 20-7-3095, unlawful to commit certain offenses within specified radius of a child day care facility;
(v) Section 44-53-445, distribution of a controlled substance within proximity of school;
(w) Section 56-5-2947, child endangerment; or
(x) the common law crime of infanticide;
(7) a crime in which the victim, or one of the victims, was a child; or
(8) a crime similar in nature to a crime enumerated in items 1 through 7 committed in another jurisdiction or in violation of federal law.
(F) No facility may employ or engage the services of an employee or a caregiver who has been convicted of one of the crimes listed in this section.
(G) Application forms for renewal of a statement of standard conformity or approval issued under this chapter by the department for individual public child day care centers or group day care homes section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility approval renewal is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."
SECTION 6. Section 20-7-2850 of the 1976 Code is amended to read:
"Section 20-7-2850. (A) Registration must be completed on forms supplied by the department and in the manner it prescribes.
(B) Before becoming a registered operator the applicant shall:
(1) sign a statement that he has read the suggested standards developed by the department 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 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.
(C) A person applying to become a registered operator of a family day care home under this chapter or seeking employment or seeking to provide caregiver services at a family day care home registered under this chapter section shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver.
(D) No applicant may be registered as an operator if the person, his employees, or his caregivers have applicant, an employee, or a caregiver has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(1) a violent crime, as defined in Section 16-1-60;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) a crime listed in Chapter 53 of Title 44, for which the maximum term of imprisonment is five years or more;
(4) a felony classified in Section 16-1-10(A);
(5) a crime classified as exempt in Section 16-1-10(D), for which the maximum term of imprisonment is twenty years or more;
(6) violating any of the following provisions:
(a) Section 16-3-85, homicide by child abuse;
(b) Section 16-3-654, criminal sexual conduct, third degree;
(c) Section 16-3-655, criminal sexual conduct with minors;
(d) Section 16-3-656, assault with intent to commit criminal sexual conduct;
(e) Section 16-3-810, engaging a child for sexual performance;
(f) Section 16-3-820, producing, directing or promoting sexual performance by a child;
(g) Section 16-3-1060, the sale or purchase of child or receipt of compensation for relinquishing custody of child for adoption;
(h) Section 16-17-490, contributing to the delinquency of a minor;
(i) Section 16-17-495, transporting a child under sixteen years of age outside State with intent to violate a custody order;
(j) Section 16-17-500, supplying minors with tobacco or cigarettes;
(k) Section 16-17-510, enticing an enrolled child from attendance in public school;
(l) Section 16-23-30(c), the sale or delivery of a pistol to a person under the age of twenty-one;
(m) Section 16-23-430, carrying weapons on school property;
(n) Section 16-25-20, criminal domestic violence;
(o) Section 16-25-65, statutory offense of criminal domestic violence of a high and aggravated nature;
(p) Section 20-7-50, unlawful neglect of a child or a helpless person by legal custodian;
(q) Section 20-7-60, ill-treating children, apprentices, servants, incompetents or helpless persons;
(r) Section 20-7-70, cruelty to children;
(s) Section 20-7-80, abandonment of children;
(t) Section 20-7-1690(F), receipt or payment of compensation for consent or relinquishment of a child for adoption;
(u) Section 20-7-3095, unlawful to commit certain offenses within specified radius of a child day care facility;
(v) Section 44-53-445, distribution of a controlled substance within proximity of school;
(w) Section 56-5-2947, child endangerment; or
(x) the common law crime of infanticide;
(7) a crime in which the victim, or one of the victims, was a child; or
(8) a crime similar in nature to a crime enumerated in items 1 through 7 committed in another jurisdiction or in violation of federal law.
(E) No family day care home may employ or engage the services of an operator, an employee, or a caregiver who has been convicted of one of the crimes listed in this section. A person who has been convicted of one of the crimes listed in this section who applies for approval as an operator at, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility registered under this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) Application forms for registration issued under this chapter by the department and application forms for employment at a family day care home section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license registration as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."
SECTION 7. Section 20-7-2860 of the 1976 Code is amended to read:
"Section 20-7-2860. (A) A statement of registration must be issued when the family day care operator satisfactorily completes the procedures prescribed by this subarticle. The current statement must be displayed in a prominent place in the facility at all times.
(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.
(C) A person applying for renewal of registration as an operator of a family day care home registered under this chapter and a person employed or providing caregiver services at a family day care home registered under this chapter, who has not done so previously, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, 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.
(D) Application forms for registration renewal issued under this chapter by the department for a family day care home section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(E) The department may withdraw the statement of registration if one or more of the following apply:
(1) The health and safety of the children require withdrawal.
(2) The facility has enrolled children beyond the limits defined in this subarticle.
(3) The operator fails to comply with the registration procedures provided in this subarticle."
SECTION 8. Section 20-7-2900 of the 1976 Code is amended to read:
"Section 20-7-2900. (A) No church congregation or established religious denomination or religious college or university which does not receive state or federal financial assistance for day care services may operate a child day care center or group day care home unless it complies with the requirements for registration and inspection and the regulations for health and fire safety as set forth in Sections 20-7-2910 through 20-7-2970. 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.
(B) No license or registration may be issued to a church congregation, established religious denomination, or religious college or university if a person who provides service as an operator, caregiver, or employee at the child care facility has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(1) a violent crime, as defined in Section 16-1-60;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) a crime listed in Chapter 53 of Title 44, for which the maximum term of imprisonment is five years or more;
(4) a felony classified in Section 16-1-10(A);
(5) a crime classified as exempt in Section 16-1-10(D), for which the maximum term of imprisonment is twenty years or more;
(6) violating any of the following provisions:
(a) Section 16-3-85, homicide by child abuse;
(b) Section 16-3-654, criminal sexual conduct, third degree;
(c) Section 16-3-655, criminal sexual conduct with minors;
(d) Section 16-3-656, assault with intent to commit criminal sexual conduct;
(e) Section 16-3-810, engaging a child for sexual performance;
(f) Section 16-3-820, producing, directing or promoting sexual performance by a child;
(g) Section 16-3-1060, the sale or purchase of child or receipt of compensation for relinquishing custody of child for adoption;
(h) Section 16-17-490, contributing to the delinquency of a minor;
(i) Section 16-17-495, transporting a child under sixteen years of age outside State with intent to violate a custody order;
(j) Section 16-17-500, supplying minors with tobacco or cigarettes;
(k) Section 16-17-510, enticing an enrolled child from attendance in public school;
(l) Section 16-23-30(c), the sale or delivery of a pistol to a person under the age of twenty-one;
(m) Section 16-23-430, carrying weapons on school property;
(n) Section 16-25-20, criminal domestic violence;
(o) Section 16-25-65, statutory offense of criminal domestic violence of a high and aggravated nature;
(p) Section 20-7-50, unlawful neglect of a child or a helpless person by legal custodian;
(q) Section 20-7-60, ill-treating children, apprentices, servants, incompetents or helpless persons;
(r) Section 20-7-70, cruelty to children;
(s) Section 20-7-80, abandonment of children;
(t) Section 20-7-1690(F), receipt or payment of compensation for consent or relinquishment of a child for adoption;
(u) Section 20-7-3095, unlawful to commit certain offenses within specified radius of a child day care facility;
(v) Section 44-53-445, distribution of a controlled substance within proximity of school;
(w) Section 56-5-2947, child endangerment; or
(x) the common law crime of infanticide;
(7) a crime in which the victim, or one of the victims, was a child; or
(8) a crime similar in nature to a crime enumerated in items 1 through 7 committed in another jurisdiction or in violation of federal law.
(C) No facility may employ or engage the services of an operator or any person who has been convicted of one of the crimes listed in this section.
(D) A person who has been convicted of one of the crimes listed in this section who seeks to provide services as an operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a church or religious day care center is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(E) Application forms for licensure or registration issued under this chapter by the department and application forms for employment at a church congregation, established religious denomination, or religious college or university subarticle must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license registration as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) (D) A person applying for a license or registration as an operator of a church or religious day care center or seeking employment or seeking to provide caregiver services at a church or religious day care center shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver.
(G) (E) A person applying for renewal of a license or registration as an operator of a church or religious day care center licensed or registered under this chapter and a person employed or registered under this chapter, who has not done so previously, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history."
SECTION 9. The 1976 Code is amended by adding:
"Section 20-7-2905. The State Law Enforcement Division may not impose a fee of more than twenty-five dollars to conduct a state criminal history review as required by the provisions of this subarticle.
(B) The State Law Enforcement Division shall provide the applicant with two copies of the results of fingerprint reviews conducted under this subarticle. An applicant may obtain additional certified copies for a fee not to exceed five dollars per copy. However, copies of fingerprint reviews conducted by the Federal Bureau of Investigation may be obtained only if not prohibited by federal law.
(C) Whenever more than one request for a criminal history review required by this subarticle regarding the same person is made prior to the completion of the first review requested on that person, the multiple requests shall be treated as one request. No fees may be assessed for any request beyond the first request. However, the limitation on fees for the federal fingerprint review is only applicable if not prohibited by federal law."
SECTION 10. Section 20-7-3095 of the 197 Code is amended to read:
"Section 20-7-3095. It is a separate criminal offense, and a felony, for a person to unlawfully commit any of the offenses 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, or the crime of contributing to the delinquency of a minor contained in Section 16-17-490 while within a radius of one hundred yards of the grounds of a public or private child day care facility. A person who commits this offense must, upon conviction, be punished by a fine not to exceed ten thousand dollars or imprisonment not to exceed ten years or both, in addition to any other penalty imposed by law and not in lieu of any other penalty."
SECTION 11. Notwithstanding Section 20-7-2725(D) of the 1976 Code, as added by Section 1 of this act, no employee of or person providing caregiver services at a child day care center, group day care home, family day care home, or church or religious day care center is required to undergo a state fingerprint review conducted by the State Law Enforcement Division or the Federal Bureau of Investigation if the person continuously has been employed by or providing caregiver services at the same facility for the two years immediately preceding this act's effective date. However, when the person is no longer employed by or providing caregiver services at that facility, the person must comply with Section 20-7-2997(D).
SECTION 12. This act takes effect July 1, 1996.