Current Status Bill Number:580 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970326 Primary Sponsor:Fair All Sponsors:Fair, Holland, Bryan, Moore, McConnell, Glover and Courtney Drafted Document Number:psd\7195ac.97 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Child Abuse and Neglect Central Registry, name of defendant; Minors, Social Services Department
Body Date Action Description Com Leg Involved
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Senate 19970326 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-135 SO AS TO REQUIRE THE COURT TO ORDER PLACED IN THE CENTRAL REGISTRY OF ABUSE AND NEGLECT THE NAME OF A DEFENDANT CONVICTED OF AN OFFENSE THE BASIS OF WHICH INVOLVED CHILD SEXUAL OR PHYSICAL ABUSE; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING REPORTS, INVESTIGATIONS, AND RECORDS OF CHILD ABUSE AND NEGLECT SO AS TO PROVIDE CRITERIA FOR ENTERING A PERPETRATOR IN THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, TO ESTABLISH PROCEDURES FOR THE DEPARTMENT TO PETITION THE COURT TO ORDER AN ENTRY IN THE REGISTRY AND TO FURTHER PROVIDE FOR PURGING INFORMATION FROM THE REGISTRY IF THERE IS NOT A PREPONDERANCE OF THE EVIDENCE THAT ABUSE OR NEGLECT OCCURRED; TO AMEND SECTION 20-7-670, AS AMENDED, RELATING TO RESIDENTIAL INSTITUTIONS AND FOSTER HOME ABUSE AND NEGLECT, SO AS TO REQUIRE THE DEPARTMENT TO NOTIFY A PERSON WHOSE NAME IS BEING ENTERED IN THE REGISTRY PURSUANT TO AN INVESTIGATION FINDING ABUSE OR NEGLECT AND TO PROVIDE THAT CERTAIN APPEAL PROCEDURES APPLY WHERE A PERSON CHALLENGES SUCH AN ENTRY; AND TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO THE CENTRAL REGISTRY OF ABUSE AND NEGLECT SO AS TO PROVIDE THAT PERPETRATORS ONLY MAY BE ENTERED IN THE REGISTRY BY ORDER OF THE COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 17-25-135. (A) When a defendant is convicted of or pleads guilty or nolo contendere to an 'Offense Against the Person' as provided for in Title 16, Chapter 3, or an 'Offense Against Morality or Decency' as provided for in Title 16, Chapter 15, and the act on which the conviction or the plea of guilty or nolo contendere is based involved sexual or physical abuse of a child, the court shall order that the name and other identifying information concerning the perpetrator and the nature of the act which led to the conviction or plea be placed in the Central Registry of Child Abuse and Neglect established by Section 20-7-680.
(B) For purposes of this section:
(1) 'Physical Abuse' means inflicting physical injury upon a child or encouraging or facilitating the infliction of physical injury upon a child by any person including, but not limited to, a person responsible for the child's welfare.
(2) 'Sexual Abuse' means by any person including, but not limited to, a person responsible for the child's welfare:
(a) actual or attempted sexual contact with a child, or
(b) permitting, enticing, encouraging, forcing, or otherwise facilitating a child's participation in prostitution or in a live performance or photographic representation of sexual activity or sexually explicit nudity."
SECTION 2. Section 20-7-650 (H)-(R) of the 1976 Code, as last amended by Act 450 of 1996, are further amended to read:
"(H) Reports of child abuse and neglect must be entered immediately into the automated statewide Central Registry of Child Abuse and Neglect. Reports of child abuse and neglect must be entered into the registry and maintained in the department department's centralized data system files 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 subsection (G). All initial reports must be deemed suspected. Reports of suspected child abuse and neglect must be maintained for no more than sixty days after the report was received by the department. On or before the expiration of that time, reports must be converted into either unfounded or indicated reports, pursuant to the agency's investigation. Upon an affirmative determination, indicated reports must be converted to the category of 'affirmative determination'.
(1) Indicated reports must be maintained on the central and local registries only when accompanied by a description of services being provided as required under subsection (F).
(2) Affirmative determinations may be maintained by the department only when must be accompanied by a description of services being provided the child and those responsible for his welfare, and relevant dispositional information.
(I) The names, addresses, and all other identifying characteristics of persons named in all unfounded reports in Category I maintained in department files may be used only for auditing and statistical purposes' All identifying information contained in unfounded reports in Category I must be destroyed immediately after use of the information for auditing and statistical purposes, and in no case later than one year from the date that the last report has been determined to be unfounded; however, all information in the report which is unnecessary for auditing and statistical purposes must be destroyed immediately upon a determination that the report is unfounded and the remaining information must be kept strictly confidential except for auditing and statistical purposes if an unfounded report is in Category II or Category III, the report and related information may be retained by the department in its records for one year for use by department staff or law enforcement agencies in relation to child abuse and neglect investigations or proceedings involving the subject of the report or the same child. The department may not use the information in records or entries of Category II or III unfounded reports for any purpose other than child abuse and neglect proceedings involving the same subject or the same child and auditing and statistical purposes. Notwithstanding Section 20-7-690 or any other provision of law, no information contained in unfounded reports may be disclosed under any circumstances, except that:
(1) the confidentiality and disclosure provisions of this subsection do not apply to information requested by the Department of Child Fatalities pursuant to Section 20-7-5930; and the information pertaining to an unfounded case must be released to the Department of Child Fatalities when the request is made pursuant to Section 20-7-5930.
(2) information in records concerning Category II or III unfounded reports may be disclosed to a law enforcement agency investigating a child abuse or neglect case involving the subject of the report or the same child.
If an unfounded report is in Category I, only information necessary for auditing and statistical purposes may be retained in department records or in the database. As soon as the record has been used for auditing or statistical purposes, it must be destroyed. All identifying information must be deleted from the database immediately upon use of the entry for auditing or statistical purposes. In no case may the record or entry be kept for more than one year from the date of the report. The department may not use the information contained in records or entries of Category I unfounded cases for any purpose other than auditing or statistical purposes. No information contained in the record or the database concerning a Category I unfounded case may be disclosed to any person or entity other than the Department of Child Fatalities pursuant to Section 20-7-5930.
(J) Upon an affirmative determination, the names, addresses, birth dates, identifying characteristics, and other information of persons named in indicated reports maintained in agency files 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 or persons named in affirmative determinations of child abuse or neglect maintained in agency files must be destroyed seven years from the date services are terminated. Upon a determination that more likely than not a person who is the subject of a report as defined in Section 20-7-490 did not commit child abuse or neglect, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the department's files. This provision does not prohibit the department 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 welfare without identifying a subject of the report or providing child protective services to the child who is the subject of the indicated report and those responsible for the child's welfare.
(K) A family court order resulting from proceedings initiated by the department pursuant to Sections 20-7-738 and 20-7-736 must include a judicial determination for inclusion in the statewide Central Registry of Child Abuse and Neglect of whether or not the subject of the report more likely than not abused or neglected the child.
At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:
(1) shall order that a perpetrator be entered on the Central Registry of Child Abuse and Neglect if it finds that there is a preponderance of evidence that the perpetrator physically or sexually abused or wilfully or recklessly neglected the child. However, if the only form of physical abuse that is indicated is excessive corporal punishment, the court only may order that the perpetrator be entered on the Central Registry if item (2) applies;
(2) may order that the perpetrator be entered on the Central Registry if it finds that there is a preponderance of evidence that the perpetrator abused or neglected the child in any manner other than provided for in item (1) and that the nature and circumstances of the abuse indicate that the perpetrator would present a significant risk of physical or sexual abuse or wilful or reckless neglect if the perpetrator were in a position or setting outside of the perpetrator's home that involves care of or substantial contact with children.
(L) The court may order at the probable cause hearing that a perpetrator be entered on the Central Registry if there is sufficient evidence to support the findings required by subsection (K).
(M) At any time following receipt of a report, the department may petition the family court for an order directing that a person named as perpetrator be entered on the Central Registry of Child Abuse and Neglect. The petition shall have attached a written case summary stating facts sufficient to establish by preponderance of the evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of physical or sexual abuse or wilful or reckless neglect if placed in a position or setting outside of the perpetrator's home that involves care of or substantial contact with children. The department shall serve a copy of the petition and summary on the person named as perpetrator. The petition shall include a statement that the judge will rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within five days after service of the petition. The name, address, and telephone number of the clerk of court or the clerk's designee must be stated in the petition. If the person named as perpetrator requests a hearing, the court shall schedule a hearing on the merits of the allegations in the petition and summary to be held no later than five working days following the request.
(N) The department must seek an order placing a perpetrator on the Central Registry pursuant to subsection (K), (L) or (M) in all cases in which the agency concludes that there is a preponderance of evidence that a perpetrator committed sexual abuse.
(L)(O) The department is charged with providing, directing, or coordinating the appropriate and timely delivery of services to children found to be abused or neglected and those responsible for their welfare or others exercising temporary or permanent control over these children. Services must not be construed to include emergency protective custody provided for in Section 20-7-736.
(M)(P) In cases where a report has been filed with perpetrator has been placed on the Central Registry of Child Abuse and Neglect, as required by subsection (H), the outcome of any further proceedings must be entered immediately by the department into the Central Registry of Child Abuse and Neglect. If it is determined that there is not a preponderance of evidence that the subject of a report committed child abuse or neglect, the department must immediately purge information identifying that person as a perpetrator from the registry and from department records as provided in Section 20-7-680(D) and (E).
(N) The department shall furnish to parents or guardians on a standardized form the following information as soon as reasonably possible after commencing the investigation:
(1) the names of the investigators;
(2) the allegations being investigated;
(3) whether the person's name has been recorded by the department as a suspected perpetrator of abuse or neglect;
(4) the right to inspect department records concerning the investigation;
(5) statutory and family court remedies available to complete the investigation and to protect the child if the parent or guardian or subject of the report indicates a refusal to cooperate;
(6) how information provided by the parent or guardian may be used,;
(7) the possible outcomes of the investigation;
(8) the telephone number and name of a department employee available to answer questions.
(O) The department shall cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the department. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the department shall notify the appropriate law enforcement agency of those facts within twenty-four hours of the department's finding for the purposes of police investigation. The law enforcement agency shall file a formal incident report at the time it is notified by the department of the finding. When the intake report is of alleged sexual abuse, the department must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency shall file a formal incident report at the time it is notified of the alleged sexual abuse. In cases where the agency retains custody of the minor children and physical placement of the children is in the care of relatives, the agency must provide the same services along with financial benefits provided to other licensed foster care placement and facilities, provided the adults with whom the child is placed meet all qualifications applicable to foster parents.
(P)The department actively shall seek the cooperation and involvement of local public and private institutions, groups, and programs concerned with matters of child protection and welfare within the area it serves.
(Q)The local office of the department responsible for the county of the mother's legal residence shall provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local office is the responsibility of the agency or institution with custody of the mother.
(R)The agency in all instances shall act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Services pursuant to this chapter."
SECTION 3. Section 20-7-670 of the 1976 Code, as last amended by Act 450 of 1996, is further amended by adding at the end:
"(G) 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 shall 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 to entry on the registry pursuant to this subsection must be given expedited review in the appeals process."
SECTION 4. Section 20-7-680 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"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. To further these purposes, the department shall maintain one or more statewide data systems concerning cases reported to it pursuant to this article.
(B) The Department of Social Services shall maintain a Central Registry of Child Abuse and Neglect within the department's child protective services unit in accordance with Section Sections 20-7-650, 20-7-60, and 17-25-135. The registry shall receive and maintain reports of child abuse and neglect, and it shall release information to persons and agencies only as authorized by 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 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 department. On or before the expiration of the sixty days, a report must be converted into either unfounded or indicated, pursuant to the department's investigation. Upon an affirmative determination, indicated reports must be converted to the category of "affirmative determination".
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 the child's welfare, and all relevant disposition information. Perpetrators of child abuse and neglect must be entered on the registry only by order of a court as provided in Sections 20-7-650 and 17-25-135, or as provided in Section 20-7-670. Each entry on the registry must be accompanied by information further identifying the perpetrator and describing the abuse or neglect committed by the perpetrator.
(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 this harm, and any other data considered instructive.
(D) The names, addresses, birth dates, identifying characteristics, and other information of persons named in unfounded reports maintained on the registry a report must be destroyed removed from department records and the central registry immediately upon a determination that the report is unfounded by the agency or the court that there is not a preponderance of evidence that the person abused or neglected the child. However, information concerning persons named in Category II or III unfounded reports may be retained in other records of the department other than the central registry as provided for in Section 20-7-650(I).
(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 reports in the registry or department records must be destroyed seven years from the date services are terminated. Upon a determination by the department or court that there is not a preponderance of evidence that the subject of a report as defined in Section 20-7-490 committed child abuse or neglect, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the registry and from other agency records. However, if there is a preponderance of evidence that the child was abused or neglected and some evidence that the subject of the report was the perpetrator, information identifying that person may be maintained in records of the department other than the central registry as a Category II unfounded report. This subsection does not prohibit the registry department from maintaining an 'indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for the child's welfare without identifying a person as perpetrator subject of the report as defined in Section 20-7-490, and it does not prohibit the department from providing child protective services to the child who is the subject of an indicated report and those responsible for the child's welfare.
(F) Information in the central registry and other department records may be released only as authorized in Section 20-7-690 or as otherwise specifically authorized by statute."
SECTION 5. This act takes effect upon approval by the Governor.