South Carolina General Assembly
112th Session, 1997-1998

Bill 3857


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       3857
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970409
Primary Sponsor:                   Felder 
All Sponsors:                      Felder 
Drafted Document Number:           psd\7208ac.97
Residing Body:                     Senate
Date of Last Amendment:            19980319
2Subject:                          Abuse and neglect,
                                   institutional; Social Services to
                                   investigate of vulnerable adults,
                                   Aging, Residential Care



History


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

Senate  19980319  Read second time
Senate  19980319  Committee amendment adopted
Senate  19980318  Committee report: Favorable with         11 SJ
                  amendment
Senate  19970521  Introduced, read first time,             11 SJ
                  referred to Committee
House   19970521  Read third time, sent to Senate
House   19970520  Read second time
House   19970514  Committee report: Favorable              25 HJ
House   19970409  Introduced, read first time,             25 HJ
                  referred to Committee


View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

March 19, 1998

H. 3857

Introduced by Rep. Felder

S. Printed 3/19/98--S.

Read the first time May 21, 1997.

A BILL

TO AMEND SECTION 20-7-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL ABUSE AND NEGLECT, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO INVESTIGATE SUCH ABUSE AND NEGLECT, TO PROVIDE THE DEPARTMENT WITH THE POWERS PROVIDED FOR INVESTIGATION OF ABUSE AND EXPLOITATION OF VULNERABLE ADULTS, AND TO REMOVE FROM THE OMBUDSMAN IN THE OFFICE OF THE GOVERNOR AND ASSIGN TO THE DEPARTMENT THE AUTHORITY TO INVESTIGATE ALLEGATIONS OF ABUSE AND NEGLECT OCCURRING IN HEALTH FACILITIES LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH.

Amend Title To Conform

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

SECTION 1. Section 20-7-670 of the 1976 Code, as last amended by Act of 1997, is further amended to read:

"Section 20-7-670. (A) The Department of Social Services is authorized to receive and investigate reports of abuse and neglect 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 shall have the investigative powers provided for in Article 1, Chapter 35 of Title 43, including the ability to seek a warrant of inspection from the family court. The department is not authorized to receive and investigate reports of abuse and neglect in institutions operated by the department or by the Department of Juvenile Justice.

(B) 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 to determine whether the report is indicated or unfounded. Indicated reports must be based upon a finding that abuse or neglect is supported by a preponderance of the evidence available to the department. The determination that a report is indicated may be appealed as provided in Section 20-7-655. 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 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.

(F) Notwithstanding the provisions of subsection (A) or any other provision of this article, the Department of Social Services may not investigate 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.

(G) (F) When the investigation performed pursuant to this section results in a determination that an individual has harmed a child or threatened a child with harm as defined in Section 20-7-490, the name of that individual immediately must be entered in the Central Registry of Child Abuse and Neglect. The department must notify the individual in writing by certified mail that his name has been entered in the registry, of his right to request an appeal of the decision to enter his name in the registry, and of the possible consequences to future employment and licensing if he allows his name to remain in the registry. The procedures set out in Section 20-7-655 apply when an individual challenges the entry of his name in the registry, and challenges of the entry in the registry pursuant to this subsection must be given expedited review in the appeals process."

SECTION 2. This act takes effect sixty days after approval by the Governor.

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