Current Status Bill Number:46 Ratification Number:93 Act Number:54 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Jackson All Sponsors:Jackson, Elliott, Washington, Rose Drafted Document Number:RES9406.DJ Date Bill Passed both Bodies:19950524 Date of Last Amendment:19950517 Governor's Action:S Date of Governor's Action:19950612 Subject:Day care centers, fingerprint review and background check
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19950612 Act No. A54
------ 19950612 Signed by Governor
------ 19950606 Ratified R93
Senate 19950524 Concurred in House amendment,
enrolled for ratification
House 19950523 Read third time, returned to Senate
with amendment
House 19950518 Read second time
House 19950517 Debate interrupted by adjournment
House 19950517 Amended
House 19950510 Objection by Representative Gamble
Shissias
Rogers
Stuart
House 19950510 Objection withdrawn by Representative Trotter
Townsend
Haskins
Vaughn
Herdklotz
House 19950509 Objection withdrawn by Representative Fair
Simrill
Easterday
House 19950504 Objection by Representative Haskins
Trotter
Fair
Vaughn
Herdklotz
Easterday
Marchbanks
Davenport
Phillips
Robinson
Lanford
Townsend
House 19950504 Objection by Representative Simrill
House 19950502 Debate adjourned until
Thursday, 19950504
House 19950427 Debate adjourned until
Tuesday, 19950502
House 19950425 Committee report: Favorable with 27 H3M
amendment
House 19950315 Introduced, read first time, 27 H3M
referred to Committee
Senate 19950315 Read third time, sent to House
Senate 19950314 Amended, read second time
Senate 19950309 Committee report: Favorable with 08 SG
amendment
Senate 19950110 Introduced, read first time, 08 SG
referred to Committee
Senate 19940919 Prefiled, referred to Committee 08 SG
View additional legislative information at the LPITS web site.
(A54, R93, S46)
AN ACT TO AMEND SECTIONS 20-7-2730, AS AMENDED, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND RENEWAL OF LICENSES FOR PRIVATE DAY CARE CENTERS AND APPROVAL AND RENEWAL OF PUBLIC DAY CARE CENTERS, THE REGISTRATION OF FAMILY DAY CARE HOME OPERATORS, AND THE REGISTRATION OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS APPLYING FOR DAY CARE LICENSURE, APPROVAL, OR REGISTRATION AND ALL PERSONS SEEKING EMPLOYMENT OR TO BE A CAREGIVER IN A DAY CARE CENTER TO UNDERGO A FINGERPRINT REVIEW TO BE CONDUCTED BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION; TO PROHIBIT THE ISSUANCE OF A DAY CARE LICENSE, EMPLOYMENT, OR PROVIDING CAREGIVER SERVICES IF THE PERSON HAS BEEN CONVICTED OF CERTAIN CRIMES; TO PROVIDE CRIMINAL PENALTIES IF A DAY CARE CENTER EMPLOYS A PERSON OR HAS A CAREGIVER WHO HAS BEEN CONVICTED OF ONE OF THE SPECIFIED CRIMES OR IF A PERSON SEEKS A DAY CARE LICENSE, EMPLOYMENT, OR TO PROVIDE CAREGIVER SERVICES AND THE PERSON HAS BEEN CONVICTED OF ONE OF THESE CRIMES; TO REQUIRE APPLICATIONS TO PROVIDE NOTICE OF THESE CRIMINAL PENALTIES AND TO PROVIDE THE DATE WHERE FINGERPRINT REVIEWS FOR CURRENT OPERATORS, EMPLOYEES, AND CAREGIVERS MUST BE COMPLETED; TO ADD SECTION 20-7-2905 PROHIBITING SLED FROM CHARGING MORE THAN TWENTY-FIVE DOLLARS TO CONDUCT A STATE CRIMINAL HISTORY REVIEW; TO ADD SECTION 20-7-3097 SO AS TO REQUIRE THAT BEFORE THE DEPARTMENT OF SOCIAL SERVICES HIRES AN EMPLOYEE IN ITS DAY CARE LICENSING OR CHILD PROTECTIVE SERVICES DIVISIONS, THE PERSON MUST UNDERGO A STATE AND FBI FINGERPRINT REVIEW AND TO PROHIBIT THE HIRING OF A PERSON CONVICTED OF CERTAIN CRIMES; AND TO ADD SECTION 20-7-3098 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE AN EXPLANATORY BROCHURE REGARDING HEARINGS AND APPEALS WHEN THE DEPARTMENT CITES A DAY CARE CENTER FOR A VIOLATION OF THIS CHAPTER.
Be it enacted by the General Assembly of the State of South Carolina:
Private day care centers licensing; crimes prohibited; caregivers included; criminal penalties; fingerprint reviews required
SECTION 1. Section 20-7-2730 of the 1976 Code, as amended by Part II, Act 189 of 1989, 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.
(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 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) 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."
Private day care centers license renewal; crimes prohibited; criminal penalties; fingerprint reviews required
SECTION 2. 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.
(E) Application forms for license renewals issued under this chapter by the department for private child day care centers or group day care homes 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.
(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."
Statement of approval; fingerprint reviews required; crimes prohibited; criminal penalties
SECTION 3. 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.
(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 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."
Approval renewals; crimes prohibited; criminal penalties
SECTION 4. 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 under this section if the person applying for approval, 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.
(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 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."
Family day care registration; fingerprint reviews required; crimes prohibited; criminal penalties
SECTION 5. 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 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 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.
(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 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."
Family day care registration renewal; date fingerprint reviews to be completed
SECTION 6. 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 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."
Church day care registration; convictions prohibited; fingerprints required; date fingerprint reviews to be completed
SECTION 7. 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.
(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 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.
(F) 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) 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."
Criminal history review charge
SECTION 8. 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."
DSS Day Care Licensing and Child Protective Services Division employees to undergo fingerprinting; crimes prohibited
SECTION 9. The 1976 Code is amended by adding:
"Section 20-7-3097. Before the Department of Social Services employs a person in its day care licensing or child protective services divisions the person 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. No person may be employed in these divisions if the person has been convicted of or pled guilty or nolo contendere to:
(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."
Day care center violation citation to be accompanied by explanatory brochure
SECTION 10. The 1976 Code is amended by adding:
"Section 20-7-3098. At any time the department cites a child day care center, group day care home, or family day care home for a violation of this chapter or regulations promulgated pursuant to this chapter, the department shall provide the owner and operator of the center with a brochure stating, in language easily understood the rights and procedures available to the owner or operator for a hearing in accordance with the department's fair hearing regulations and the rights and procedures available to appeal a decision rendered under the department's fair hearing process."
Time effective
SECTION 11. This act takes effect July 1, 1995.
Approved the 12th day of June, 1995.