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Current Status Bill Number:View additional legislative information at the LPITS web site.199 Ratification Number:216 Act Number:220 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990112 Primary Sponsor:J. Verne Smith All Sponsors:J. Verne Smith, Wilson, Giese, Reese Drafted Document Number:l:\council\bills\psd\7011ac99.doc Companion Bill Number:3583 Date Bill Passed both Bodies:20000127 Date of Last Amendment:20000118 Governor's Action:S Date of Governor's Action:20000225 Subject:Day care centers, group homes, registration and license requirements, Advertisements; Minors, Social Services History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000331 Act No. A220 ------ 20000225 Signed by Governor ------ 20000223 Ratified R216 Senate 20000127 Concurred in House amendment, enrolled for ratification Senate 20000127 Recalled from Committee 12 SLCI Senate 20000126 Committed to Committee 12 SLCI House 20000119 Read third time, returned to Senate with amendment House 20000118 Amended, read second time House 20000113 Debate adjourned until Tuesday, 20000118 House 20000113 Amended House 19990601 Debate adjourned until Wednesday, 19990602 House 19990527 Request for debate withdrawn by Representative Robinson House 19990526 Request for debate by Representative Hamilton Vaughn Robinson House 19990519 Debate adjourned until Tuesday, 19990525 House 19990519 Request for debate by Representative F. Smith House 19990518 Debate interrupted House 19990513 Request for debate withdrawn by Representative Tripp House 19990512 Debate adjourned until Thursday, 19990513 House 19990512 Request for debate withdrawn by Representative Cotty House 19990512 Request for debate withdrawn by Representative Vaughn House 19990511 Request for debate by Representative Davenport Loftis Easterday Cotty Vaughn Tripp House 19990505 Committee report: Favorable with 27 H3M amendment House 19990331 Introduced, read first time, 27 H3M referred to Committee Senate 19990330 Read third time, sent to House Senate 19990325 Read second time Senate 19990325 Committee amendment adopted Senate 19990324 Committee report: Favorable with 11 SJ amendment Senate 19990112 Introduced, read first time, 11 SJ referred to Committee Senate 19981216 Prefiled, referred to Committee 11 SJ Versions of This Bill Revised on March 24, 1999 - Word format Revised on March 25, 1999 - Word format Revised on May 5, 1999 - Word format Revised on January 13, 2000 - Word format Revised on January 18, 2000 - Word format
(A220, R216, S199)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A REGISTRATION STATEMENT FOR A RELIGIOUS DAYCARE CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE THE CENTER OPERATOR TO DISPLAY THE REGISTRATION AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS UNDER DAYCARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD DAYCARE FACILITIES", "GROUP DAYCARE HOME", AND "FAMILY DAYCARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAYCARE CENTERS AND GROUP DAYCARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2840, AS AMENDED, RELATING TO REGISTRATION OF FAMILY DAYCARE HOMES, SO AS TO CLARIFY THAT THE OPERATOR OF THE DAYCARE CENTER ALSO MUST OCCUPY THE RESIDENCE; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAYCARE HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAYCARE CENTERS, SO AS TO REQUIRE THESE CENTERS TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAYCARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD DAYCARE CENTERS AND GROUP DAYCARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; TO AMEND SECTION 20-7-3030, RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS TO DELETE THE PROVISION PROHIBITING AN APPEAL OF THESE ORDERS AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE; AND BY ADDING SECTION 20-7-2902 SO AS TO PROHIBIT THE DEPARTMENT FROM PRESCRIBING CURRICULA FOR DAYCARE STAFF TRAINING AND FOR CHILDREN'S DAYCARE ACTIVITIES AND TO PROVIDE EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Statement of registration for church or religious daycare centers; registration content; registration number required in advertisements
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-2915. A statement of registration must be issued when the church or religious child daycare operator or group daycare home operator satisfactorily completes the procedures prescribed by this subarticle. An application for a statement of registration must include the name and address of the director, the address of the facility, and the number of children who may be served. Failure of the department to approve or deny an application within ninety days shall result in the granting of a provisional registration. The current statement of registration must be displayed in a prominent place in the facility at all times and the registration number must be stated in all advertisements of the church or religious daycare center or group daycare home."
Definition revised
SECTION 2. Section 20-7-2700 b. of the 1976 Code, as last amended by Act 444 of 1996, is further amended to read:
"b. 'Child daycare facilities' means a facility which provides care, supervision, or guidance for a minor child who is not related by blood, marriage, or adoption to the owner or operator of the facility whether or not the facility is operated for profit and whether or not the facility makes a charge for services offered by it. This definition includes, but is not limited to, day nurseries, nursery schools, daycare centers, group daycare homes, and family daycare homes. The term does not include:
(1) an educational facility, whether private or public, which operates solely for educational purposes in grade one or above;
(2) five-year-old kindergarten programs;
(3) kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age;
(4) facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis as defined in this subarticle while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available; however, these facilities must meet local fire and sanitation requirements and maintain documentation on these requirements on file at the facility available for public inspection;
(5) school vacation or school holiday day camps for children operating in distinct sessions running less than three weeks per session unless the day camp permits children to enroll in successive sessions so that their total attendance may exceed three weeks;
(6) summer resident camps for children;
(7) bible schools normally conducted during vacation periods;
(8) facilities for the mentally retarded provided for in Chapter 21, Title 44;
(9) facilities for the mentally ill as provided for in Chapter 17, Title 44;
(10) child daycare centers and group daycare homes owned and operated by a local church congregation or an established religious denomination or a religious college or university which does not receive state or federal financial assistance for daycare services; however, these facilities must comply with the provisions of Sections 20-7-2900 through 20-7-2975 and that these facilities voluntarily may elect to become licensed according to the process as set forth in Sections 20-7-2700 through 20-7-2780 and Sections 20-7-2980 through 20-7-3090."
Definitions revised
SECTION 3. Section 20-7-2700 f. and g. of the 1976 Code is amended to read:
"f. 'Group daycare home' means a facility within a residence occupied by the operator which regularly provides child daycare for at least seven but not more than twelve children, unattended by a parent or a legal guardian including those children living in the home and children received for daycare who are related to the resident caregiver. However, an occupied residence in which child daycare is provided only for a child or children related to the resident caregiver or only for the child or children of one unrelated family or only for a combination of these children is not a group daycare home.
g. 'Family daycare home' means a facility within a residence occupied by the operator in which child daycare is regularly provided for no more than six children, unattended by a parent or legal guardian, including those children living in the home and children received for daycare who are related to the resident caregiver. However, an occupied residence in which child daycare is provided only for a child or children related to the resident caregiver or only for the child or children of one unrelated family or only for a combination of these children is not a family daycare home."
Definitions
SECTION 4. Section 20-7-2700 of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:
"aa. 'Summer resident camp for children' means a twenty-four hour residential program offered during the summer that provides recreational activities for children.
bb. 'Summer day camp for children' means a program offered during the summer that provides recreational activities primarily during daytime hours throughout the period of the program and may include an occasional overnight activity under the supervision of the operator.
cc. 'Infant' means a child age twelve months or younger for the purposes of this chapter."
License number required in advertisements
SECTION 5. Section 20-7-2780 a. of the 1976 Code is amended to read:
"a. Each child daycare center or group daycare home shall maintain its current license displayed in a prominent place at all times and must state its license number in all advertisements of the child daycare center or group daycare home."
Definition revised
SECTION 6. Section 20-7-2840(A) of the 1976 Code is amended to
read:
"(A) As used in this subarticle, 'family daycare home' means a facility within a residence occupied by the operator in which child daycare regularly is provided for no more than six children, unattended by a parent or legal guardian, including those children living in the home and the children received for daycare who are related to the resident caregiver. However, an occupied residence in which child daycare is provided only for a child or children related to the resident caregiver or only for the child or children of one unrelated family, or only for a combination of these children, is not a family daycare home."
Registration number required in advertisements
SECTION 7. Section 20-7-2860(A) of the 1976 Code is amended to read:
"(A) A statement of registration must be issued when the family daycare 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 and the registration number must be stated in all advertisements of the family daycare home."
Registration requirements for church and religious daycare centers
SECTION 8. Section 20-7-2900 of the 1976 Code, as last amended by Act 444 of 1996, is further 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 daycare services may operate a child daycare center or group daycare 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 20-7-2975 and requirements applicable to private and public daycare centers and group daycare homes for floor space, child-staff ratios, and staff training. Application for registration must be made on forms supplied by the department and in the manner it prescribes. Registration expires two years from the date of issuance of the statement of registration. Registration may be renewed according to the procedures developed by the department.
(B) Before issuing a registration, the department shall conduct an investigation of the applicant. This investigation is limited to:
(1) the results of the criminal history review required by subsection (G);
(2) the requirements for registration and inspection and the regulations for health and fire safety provided for in Sections 20-7-2910 through 20-7-2975; and
(3) requirements applicable to private and public daycare centers and group daycare homes for floor space, child-staff ratios, and staff training.
(C) 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.
(D) Application forms for licensure or registration issued under this subarticle must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in this section who applies for a license or registration as operator 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) A person applying for a license or registration as an operator of a church or religious daycare 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.
(F) Application forms for licensure or registration issued under this chapter by the department and application forms for employment at a facility operated by 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.
(G) A person applying for a license or registration as an operator of a church or religious daycare center or seeking employment or seeking to provide caregiver services at a church or religious daycare 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.
(H) A person applying for renewal of a license or registration as an operator of a church or religious daycare 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, 1996, 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."
Health and fire safety inspections
SECTION 9. Section 20-7-2910 of the 1976 Code is amended to read:
"Section 20-7-2910. The child daycare operator shall submit a formal request for inspection of the child care facility to the department. The department shall request the appropriate state health and fire safety agencies to conduct an inspection of the facility before renewal of the registration and more often if necessary to ensure compliance with health and fire safety regulations. The department shall register the daycare facility upon notification from health and fire safety agencies that the daycare facility is in compliance with these regulations and the requirements of Section 20-7-2900.
The applicable regulations must be the same health and fire safety regulations applied to other facilities regulated under this subarticle."
Grounds for injunction
SECTION 10. Section 20-7-2920 of the 1976 Code, as last amended by Act 368 of 1990, is further amended to read:
"Section 20-7-2920. The department may seek an injunction against the continuing operation of a child daycare center or group daycare home in the family court having jurisdiction over the county in which the facility is located when the facility is deemed to be out of compliance with the provisions of Sections 20-7-2900 and 20-7-2910."
Consultation available
SECTION 11. Section 20-7-3030 of the 1976 Code is amended to read:
"Section 20-7-3030. Upon request of an applicant or operator, the department shall offer consultation to address any aspect of compliance with this subarticle or the regulations promulgated under this subarticle. Consultation includes, but is not limited to, review and comment on drawings and specifications related to construction and renovations proposed by a facility."
Department prohibited from prescribing staff training and children's activities curricula
SECTION 12. The 1976 Code is amended by adding:
"Section 20-7-2902. Notwithstanding the staff training requirements of Section 20-7-2900(A) and (B)(3), the department may not prescribe the curriculum for such staff training, other than curriculum addressing administration, child growth and development, and health and safety for a church congregation, established religious denomination, or religious college or university, daycare center or group daycare home. Additionally, the department may not prescribe the content of curriculum activities for children provided by these daycare centers or group daycare homes."
Time effective
SECTION 13. This act takes effect six months after approval by the Governor.
Ratified the 23rd day of February, 2000.
Approved the 25th day of February, 2000.
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