Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 1750, Mar. 27 | Printed Page 1770, Mar. 27 |
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evidence upon which the findings and decisions appealed are based. The judgment must include a determination of whether by a preponderance of evidence the subject of the report more likely than not abused or neglected the child. The appellant is not entitled to a trial de novo in the family court.

(G)(H) Upon a determination by the local interim review, the appeals committee, or the court that more likely than not the subject of the report did not commit child abuse or neglect there is not a preponderance of evidence that the subject of the report abused or neglected a child as defined in Section 20-7-490, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the agency's department's files and from the Central Registry of Child Abuse and Neglect. This provision subsection does not prohibit the agency department or the registry from maintaining an `indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for his the child's welfare without identifying a subject of the report, nor and it does it not prohibit the agency department from providing child protective services to the child who is the subject of an indicated report and those responsible for his the child's welfare.

(H)(I) When the appeals procedure is used for institutional abuse cases investigated by the Department of Social Services, the investigative unit of the Department of Social Services shall be substituted for the local child protective services agency must receive for purposes of all notices and the case documentation review.

(I) For the purpose of this section, `the subject of the report' means any person who is alleged or determined to have abused or neglected the child who is mentioned by name in a report of finding.

Section 20-7-660. (A) The Department of Social Services Protective Services and the local child protective services agencies shall, on a continuing basis, inform all persons required to report under this article of the nature, problem, and extent of child abuse and neglect and of their duties and responsibilities in accordance with this article. The department of Social Services and local agencies shall also, on a continuing basis, shall conduct training programs for local agency staffs department staff and as well as appropriate training for persons required to report under this article.

(B) The department of Social Services Protective Services and the local child protective services agencies shall, on a continuing basis, shall inform the public of the nature, problem, and extent of the child abuse and neglect and of the remedial and therapeutic services available to children

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and their families. The department of Social Services and the local agencies shall also encourage families to seek help consistent with Section 20-7-500.

(C) The department of Social Services Protective Services and the local child protective services agencies shall, on a continuing basis, shall actively publicize the appropriate telephone numbers to receive reports of suspected child abuse and neglect, including the twenty-four hour, statewide, toll-free telephone service and respective numbers of the local child protective services agencies county department offices.

Section 20-7-670. (A) The Department of Social Services Child Protective Services is empowered authorized to receive and investigate reports of institutional abuse and neglect and shall promulgate regulations consistent with this authority to investigate the reports and take remedial action, if necessary in residential institutions and foster homes. In no case does the Department of Social Services have responsibility for investigating allegations of abuse and neglect in institutions operated by the Department of Social Services.

The Department of Social Services shall take whatever steps it considers necessary to inform potential reporters of institutional abuse and neglect of its responsibilities under this section.

(B) Subject to the provisions of subsection (A), the State Law Enforcement Division is empowered to receive and investigate reports of institutional abuse and neglect alleged to have occurred in any institution operated by the Department of Social Services and may promulgate regulations consistent with this authority to investigate the reports and take remedial action, if necessary. The Department of Social Services is authorized to receive and investigate reports of abuse and neglect occurring in foster homes supervised by or recommended for licensing by the department or by child placing agencies. Responsibility for investigating the department's foster homes must be assigned to a unit or units not responsible for selecting or licensing its foster homes.

(C) The department shall promulgate regulations consistent with this authority. The regulations shall cover at a minimum investigation of reports, notice to the institutions and sponsoring agencies, and remedial action.

(D) The State Law Enforcement Division is authorized to receive and investigate reports of institutional abuse and neglect alleged to have occurred in any institution or foster home operated by the Department of Juvenile Justice and any institution or day care facility operated by the Department of Social Services. The State Law Enforcement Division may

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promulgate regulations consistent with this authority to investigate these reports and take remedial action, if necessary.

(E) The Department of Social Services may initiate proceedings in the circuit court to enjoin the operations of a foster home, an institution, or a child placing agency or to require other corrective action if necessary for the safety of the children. The department shall take whatever steps it considers necessary to inform potential reporters of abuse and neglect of its responsibilities under this section.

(C)(F) Notwithstanding the provisions of subsection (A) nor or any other provision of this article, the Department of Social Services may not investigate any an allegation of abuse or neglect of a child where the child is in the custody of or a resident of a public or private health facility, institution, or agency licensed by the Department of Health and Environmental Control or operated by the Department of Mental Health;. These allegations of abuse and neglect must be investigated by the ombudsman of the Office of the Governor pursuant to Article 1, Chapter 35, Title 43, and Chapter 38, Title 43.

Section 20-7-680. (A) The purpose of this section is to establish a system for the identification of abused and neglected children and those who are responsible for their welfare, to provide a system for the coordination of reports concerning abused and neglected children, and to provide data for determining the incidence and prevalence of child abuse and neglect in this State.

(B) The State Department of Social Services shall maintain a Central Registry of Child Abuse and Neglect within the Department of Social Services department's child protective services unit. The registry shall receive and maintain reports of child abuse and neglect from local child protective service agencies, and it shall release information to persons and agencies only as authorized by Section 20-7-690 this article. Reports of child abuse and neglect must be maintained on the registry in one of four categories: Suspected, Unfounded, Indicated, or Affirmative Determination. If the report is categorized as unfounded, the entry must further state the classification of unfounded report as set forth in Section 20-7-650(G). All initial reports shall must be deemed suspected. Reports of suspected child abuse and neglect must be maintained on the registry for no more than sixty days after the report was received by the agency department. On or before the expiration of that time the sixty days, they a report must be converted into either unfounded or indicated reports, pursuant to the agency's department's investigation. Upon an affirmative determination, indicated reports must be converted to the category of `affirmative determination'.

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(1) Indicated reports and affirmative determinations may be maintained on the Central Registry of Child Abuse and Neglect only when accompanied by a description of the services being provided the child and those responsible for his the child's welfare, as well as and all relevant disposition information.

(2) Unfounded reports must be classified `Unfounded by reason of insufficient evidence'.

(3) If no finding has been made by the agency after sixty days from the date a report was received, the report must be classified `Unfounded for want of an investigation'.

(C) Local child protective service agencies shall transmit immediately any data required by the Department of Social Services for purposes of statistical analysis and data gathering, subject to the limitations imposed on identifying characteristics contained in subsections (F) and (G) of Section 20-7-650.

(D)(C) The Department of Social Services shall furnish annually to the Governor and the General Assembly a report on the incidence and prevalence of child abuse and neglect in South Carolina, the effectiveness of services provided throughout the State to protect children from such this harm, and any other data deemed considered instructive.

(E)(D) The names, addresses, birth dates, identifying characteristics, and other information of persons named in unfounded reports maintained on the registry must be destroyed immediately upon a determination that such the report is unfounded. However, information concerning persons named in Category II or III unfounded reports may be retained in other records of the department as provided for in Section 20-7-650(I).

(F)(E) Upon an affirmative determination, the names, addresses, birth dates, identifying characteristics, and other information of persons named in indicated reports must be converted immediately to the category of affirmative determination. The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes of persons named in affirmative determinations of child abuse or neglect must be destroyed seven years from the date services are terminated. Upon a determination that more likely than not a person who is there is not a preponderance of evidence that the subject of a report as defined by in Section 20-7-690(E) 20-7-490 did not commit committed child abuse or neglect, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the registry. This provision subsection does not prohibit the registry from maintaining an `indicated report' which contains identifying information on the child who is the subject of the indicated report and those

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responsible for his the child's welfare without identifying a subject of the report as defined by in Section 20-7-690(E) 20-7-490, nor and it does it not prohibit the agency department from providing child protective services to the child who is the subject of an indicated report and those responsible for his the child's welfare.

Section 20-7-690. (A) All reports made and information collected pursuant to this article maintained by the State Department of Social Services, local child protective service agencies, and the Central Registry of Child Abuse and Neglect are confidential. A person who disseminates or permits the dissemination of these records and the information contained in these records except as authorized in this section, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than one year, or both. Any person who disseminates or permits the unauthorized dissemination of the information is guilty of a misdemeanor and upon conviction must be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.

(B) All reports made and information collected as described in subsection (A) must be made available to the ombudsman of the office of the Governor and to any person appointed as a child's guardian ad litem and the child's attorney pursuant to Section 20-7-110.

(C) Information contained in reports described in subsection (A) must not be made available to any individual or institution except:

(1) Appropriate staff of the State Department of Social Services, local child protective services agencies, any person or agency having legal responsibility or authorization to care for, treat, or supervise the child or the child's family, multidisciplinary evaluation teams impaneled by the agencies, and law enforcement agencies investigating suspected cases of abuse and neglect;

(2) Any person who is the subject of a report or that person's attorney, subject to the qualifications provided in subsection (D);

(3) family courts conducting child abuse and neglect or child protective proceedings;

(4) any person engaged in a bona fide research purpose, with written permission of and with any limitations imposed by the Commissioner of the State Department of Social Services;

(5) county medical examiners or coroners who are investigating the death of a child in accordance with Section 17-5-140, 17-5-150, or 17-5-265; and

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(6) the State Child Fatality Advisory Committee and the Department of Child Fatalities in accordance with the exercise of their purposes and duties pursuant to Article 26, Chapter 7, Title 20.

(7) 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.

(D) Any person who is the subject of a report made pursuant to this article must be immediately notified of the fact that his name has been recorded by the State Department of Social Services, the local child protective services agency and, if applicable, the Central Registry of Child Abuse and Neglect. He must also be informed of the findings of the investigation and whether or not his name has been destroyed in accordance with this article. Any person who is the subject of a report must be informed of his right to inspect the report and any substantiating data or evidence and his right to challenge any part of its contents. The only details of the report which must be withheld from the subject's knowledge or inspection are the name, occupation and all other identifying characteristics of the reporter.

(E) For the purpose of this section, `any person who is the subject of a report' means any person who is alleged or determined to have abused or neglected the child, who is mentioned by name in a report or finding.

(F) All reports made available to persons pursuant to this section must indicate whether or not an appeal is pending on the report pursuant to Section 20-7-655. The department is authorized to grant access to the records of indicated cases to the following persons, agencies, or entities:
(1) the ombudsman of the office of the Governor or the Governor's designee;

(2) a person appointed as the child's guardian ad litem, the attorney for the child's guardian ad litem, or the child's attorney;

(3) appropriate staff of the department;

(4) a law enforcement agency investigating or prosecuting known or suspected abuse or neglect of a child or any other crime against a child, attempting to locate a missing child, investigating or prosecuting the death of a child, or investigating or prosecuting any other crime established in or associated with activities authorized under this article;

(5) a person who is named in a report or investigation pursuant to this article as having abused or neglected a child, that person's attorney, and that person's guardian ad litem;

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(6) a child ten years of age or older who is the subject of a report, except in regard to information that the department may determine to be detrimental to the emotional well-being of the child;

(7) the parents or guardians of a child who is the subject of a report;

(8) county medical examiners or coroners who are investigating the death of a child;

(9) the State Child Fatality Advisory Committee and the Department of Child Fatalities in accordance with the exercise of their purposes or duties pursuant to Article 26, Chapter 7, Title 20;

(10) family courts conducting proceedings pursuant to this article;

(11) the parties to a court proceeding in which information in the records is legally relevant and necessary for the determination of an issue before the court, if before the disclosure the judge has reviewed the records in camera, has determined the relevancy and necessity of the disclosure, and has limited disclosure to legally relevant information under a protective order;

(12) a grand jury by subpoena upon its determination that access to the record is necessary in the conduct of its official business;

(13) authorities in other states conducting child abuse and neglect proceedings or child custody proceedings;

(14) courts in other states conducting child abuse and neglect investigations or providing child welfare services;

(15) the director or chief executive officer of a child day care facility, child placing agency, or child caring facility when the records concern the investigation of an incident of child abuse or neglect that allegedly was perpetrated by an employee or volunteer of the facility or agency against a child served by the facility or agency;

(16) a person or agency with authorization to care for, diagnose, supervise, or treat the child, the child's family, or the person alleged to have abused or neglected the child;

(17) any person engaged in bona fide research with the written permission of the state director or the director's designee, subject to limitations the state director may impose;

(18) multidisciplinary teams impaneled by the department or impaneled pursuant to statute;

(19) circuit solicitors and their agents investigating or prosecuting known or suspected abuse or neglect of a child or any other crime against a child, attempting to locate a missing child, investigating or prosecuting the death of a child, or investigating or prosecuting any other crime established in or associated with activities authorized under this article;

(20) prospective adoptive or foster parents before placement;

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(21) the Division for the 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.

(22) employees of the Division for the Review of the Foster Care of Children, Office of the Governor and members of local boards when carrying out their duties pursuant to Subarticle 4, Article 13; the department and the division shall limit by written agreement or regulation, or both, the documents and information to be furnished to the local boards.

(C) The department may limit the information disclosed to individuals and entities named in subsection (B)(14), (15), (16), (17), (18), and (20) to that information necessary to accomplish the purposes for which it is requested or for which it is being disclosed. Nothing in this subsection gives to these entities or persons the right to review or copy the complete case record.

(D) When a request for access to the record comes from an individual identified in subsection (A)(5), (6), or (7) or that person's attorney, the department shall review any reports from medical care providers and mental health care providers to determine whether the report contains information that does not pertain to the case decision, to the treatment needs of the family as a whole, or to the care of the child. If the department determines that these conditions exist, before releasing the document, the department shall provide a written notice identifying the report to the requesting party and to the person whose treatment or assessment was the subject of the report. The notice may be mailed to the parties involved or to their attorneys or it may be delivered in person. The notice shall state that the department will release the report after ten days from the date notice was mailed to all parties and that any party objecting to release may apply to the court of competent jurisdiction for relief. When a medical or mental health provider or agency furnishes copies of reports or records to the department and designates in writing that those reports or records are not to be further disclosed, the department must not disclose those documents to persons identified in subsection (A)(5), (6), or (7) or that person's attorney. The department shall identify to the requesting party the records or reports withheld pursuant to this subsection and shall advise the requesting party that he may contact the medical or mental health provider or agency about release of the records or reports.

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(E) A disclosure pursuant to this section shall protect the identity of the person who reported the suspected child abuse or neglect. The department also may protect the identity of any other person identified in the record if the department finds that disclosure of the information would be likely to endanger the life or safety of the person. Nothing in this subsection prohibits the department from subpoenaing the reporter or other persons to court for the purpose of testimony if the department determines the individual's testimony is necessary to protect the child; the fact that the reporter made the report must not be disclosed.
(F) The department is authorized to summarize the outcome of an investigation to the person who reported the suspected child abuse or neglect if the person requests the information at the time the report is made. The department has the discretion to limit the information disclosed to the reporter based on whether the reporter has an ongoing professional or other relationship with the child or the family.
(G) The state director of the department or the director's designee may disclose to the media information contained in child protective services records if the disclosure is limited to discussion of the department's activities in handling the case including information placed in the public domain by other public officials, a criminal prosecution, the alleged perpetrator or the attorney for the alleged perpetrator, or other public judicial proceedings. For purposes of this subsection, information is considered `placed in the public domain' when it has been reported in the news media, is contained in public records of a criminal justice agency, is contained in public records of a court of law, or has been the subject of testimony in a public judicial proceeding.
(H) The state director or the director's designee is authorized to prepare and release reports of the results of the department's investigations into the deaths of children in its custody or receiving child welfare services at the time of death.

(I) Nothing in this section may be construed to waive the confidential nature of the case record, to waive any statutory or common law privileges attaching to the department's internal reports or to information in case records, to create a right to access under the Freedom of Information Act, or to require the department to search records or generate reports for purposes of the Freedom of Information Act.
(J) The department is authorized to disclose whether an individual is named in its records as a perpetrator when screening of an individual's background is required by statute or regulation for employment or licensing purposes or is requested in writing by the person being screened. In cases decided after January 1, 1993, the department may disclose

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perpetrator status for licensing and employment purposes only if an affirmative determination has been made. A perpetrator determination made before January 1, 1993, may be disclosed for licensing or employment purposes if the department's records show that the determination was confirmed by a finding in family court, that the determination was confirmed by an administrative fair hearing, or that the subject of the report waived the opportunity for a family court determination or waived administrative review. Upon request of a person identified in the record as a perpetrator, the department may review records of cases indicated before January 1, 1993, and may decide whether confirmation or waiver occurred, whether the department should redesignate the person's status, or whether the department should provide a hearing pursuant to Section 20-7-655. Nothing in this section prevents the department from using other information in department records when making licensing or employment decisions.
(K) The department is authorized to maintain in its child day care regulatory records information about investigations of suspected child abuse or neglect occurring in child day care facilities.
(1) The department must enter child abuse or neglect investigation information in its regulatory record from the beginning of the investigation and must add updated information as it becomes available. Information in the regulatory records must include at least the date of the report, the nature of the alleged abuse or neglect, the outcome of the investigation, any corrective action required, and the outcome of the corrective action plan.
(2) The department's regulatory records must not contain the identity of the reporter or of the victim child.
(3) The identity of the perpetrator must not appear in the record unless the family court has confirmed the department's determination or a criminal prosecution has resulted in conviction of the perpetrator.
(4) Nothing in this subsection may be construed to limit the department's authority to use information from investigations of suspected child abuse or neglect occurring in child day care facilities to pursue an action to enjoin operation of a facility as provided in Article 13, Subarticle 11.

(5) Record retention provisions applicable to the department's child protective services case records are not applicable to information contained in regulatory records concerning investigations of suspected child abuse or neglect occurring in child day care facilities.

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