Bill 3463

                    Current Status

Bill Number:                    3463
Ratification Number:            148
Act Number:                     95
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19950202
Primary Sponsor:                Harrison
All Sponsors:                   Harrison, Shissias, Neal, Klauber,
                                Cromer, Sheheen, Stuart and Quinn
Drafted Document Number:        br1\18030ac.95
Date Bill Passed both Bodies:   19950530
Date of Last Amendment:         19950419
Governor's Action:              S
Date of Governor's Action:      19950612
Subject:                        Foster care review board, child
                                abuse

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19950612  Act No. A95
------  19950612  Signed by Governor
------  19950606  Ratified R148
Senate  19950530  Read third time, enrolled for
                  ratification
Senate  19950529  Read second time
Senate  19950525  Recalled from Committee,                 08 SG
                  placed on the Calendar
Senate  19950425  Introduced, read first time,             08 SG
                  referred to Committee
House   19950420  Read third time, sent to Senate
House   19950419  Amended, read second time
House   19950406  Committee report: Favorable with         27 H3M
                  amendment
House   19950202  Introduced, read first time,             27 H3M
                  referred to Committee

(A95, R148, H3463)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2386 SO AS TO PROVIDE THAT NO PERSON MAY BE EMPLOYED BY OR SERVE ON THE STATE OR A LOCAL REVIEW BOARD OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, IF THE PERSON IS THE SUBJECT OF AN INDICATED REPORT OR AFFIRMATIVE DETERMINATION OF ABUSE OR NEGLECT OR HAS BEEN CONVICTED OF CERTAIN CRIMES; TO REQUIRE BEFORE BEING EMPLOYED OR APPOINTED OR REAPPOINTED THE DIVISION MUST SUBMIT INFORMATION ON THE PERSON TO THE DEPARTMENT OF SOCIAL SERVICES FOR INFORMATION ON REPORTS OF ABUSE OR NEGLECT AND TO THE STATE LAW ENFORCEMENT DIVISION FOR A CRIMINAL RECORDS CHECK; AND TO PROVIDE THAT THE DIVISION MAY NOT BE CHARGED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THIS RECORDS CHECK; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE AND NEGLECT RECORDS OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO AUTHORIZE THE DIVISION ACCESS TO INFORMATION TO CERTIFY THAT NO POTENTIAL EMPLOYEE OR STATE OR LOCAL BOARD NOMINEE OR MEMBER IS THE SUBJECT OF AN INDICATED OR AFFIRMATIVE DETERMINATION.

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

Employees and state and local board members ineligible for employment or to serve under certain circumstances; abuse and neglect and criminal records checks required

SECTION 1. The 1976 Code is amended by adding:

"Section 20-7-2386. (A) No person may be employed by the Division for Review of the Foster Care of Children, Office of the Governor, or may serve on the state or a local foster care review board if the person:

(1) is the subject of an indicated report or affirmative determination of abuse or neglect as maintained by the Department of Social Services in the Central Registry of Child Abuse and Neglect pursuant to Section 20-7-680;

(2) has been convicted of or pled guilty or nolo contendere to:

(a) an `offense against the person' as provided for in Title 16, Chapter 3;

(b) an `offense against morality or decency' as provided for in Title 16, Chapter 15; or

(c) contributing to the delinquency of a minor, as provided for in Section 16-17-490.

(B) Before a person is employed by the Division for Review of the Foster Care of Children or before an appointment or reappointment is made to the state or a local foster care review board, the division shall submit the name of the potential employee or a list containing the names, addresses, and social security numbers of persons nominated to serve on the state or local boards to the Department of Social Services for a records check of indicated reports or affirmative determinations from the Central Registry of Child Abuse and Neglect and to SLED for a criminal records background check to certify that no potential employee or person nominated to serve on the state or a local board is in violation of subsection (A). A list of the persons employed by the division or serving on the state or local boards also must be submitted annually to the Department of Social Services for a records check of indicated reports or affirmative determinations to certify that no person employed by the division or serving on a board is in violation of subsection (A)(1). The division may not be charged by the Department of Social Services for these records checks."

Division to have access to DSS records to certify employee and board member eligibility

SECTION 2. Section 20-7-690(C) of the 1976 Code, as last amended by Part II, Section 88K, Act 164 of 1993, is further amended by adding an appropriately numbered item to read:

"( ) The Division for Review of the Foster Care of Children, Office of the Governor, for purposes of certifying in accordance with Section 20-7-2386 that no potential employee or no nominee to and no member of the state or a local foster care review board is a subject of an indicated report or affirmative determination."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 12th day of June, 1995.