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Current Status Bill Number:View additional legislative information at the LPITS web site.874 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20020115 Primary Sponsor:Waldrep All Sponsors:Waldrep Drafted Document Number:l:\s-jud\bills\jud0098.rlw.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Child abuse and neglect reports, Dept. of Social Services to determine if previous reports made; reports further defined and unfounded reports recategorized History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020115 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND SECTION 20-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING CHILD WELFARE SERVICES, SO AS TO DEFINE THE TERM "REPORT;" TO AMEND SECTION 20-7-510, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DETERMINE WHETHER PREVIOUS REPORTS HAVE BEEN MADE REGARDING A CHILD OR SUBJECT OF A REPORT; AND TO AMEND SECTION 20-7-650, RELATING TO DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO RE-CATEGORIZE UNFOUNDED REPORTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-490 of the 1976 Code, as last amended by Act 104 of 1999, is further amended by adding an appropriately numbered item to read:
"( ) 'Report' means any contact that an individual makes with the department or with a law enforcement agency, during which the individual reports that there is a reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect. Each and every contact must be properly investigated and classified in accordance with Section 20-7-650 as suspected, unfounded, or indicated. No contact whatsoever shall go unclassified."
SECTION 2. Section 20-7-510 of the 1976 Code is amended by adding an appropriately numbered new subsection to read:
"( ) When a report is referred to the department for an investigation or other response, the department must determine whether previous reports have been made regarding the same child or the same subject of the report. In determining whether previous reports have been made, the department must determine whether there are any unfounded reports maintained pursuant to Section 20-7-650(I) regarding the same child or the same subject of the report."
SECTION 3. Section 20-7-650(G) is amended to read:
"(G) All reports that are not indicated must be classified as 'unfounded'. Unfounded reports must be further classified as either Category I, Category II, or Category III, or Category IV.
(1) Category I unfounded reports are those in which abuse and neglect were ruled out following the investigation and the reports were made by individuals who refused to disclose their identities.
(1)(2) Category I II unfounded reports are those in which abuse and neglect were ruled out following the investigation and the reports were made by individuals who disclosed their identities. A report falls in this category if evidence of abuse or neglect as defined in this article was not found regardless of whether the family had other problems or was in need of services.
(2)(3) Category II III unfounded reports are those in which the evidence produced by the investigation was inconclusive as to whether abuse or neglect occurred. A report falls in this category if there is evidence of abuse or neglect as defined in this article but not enough evidence to constitute a preponderance of evidence. This category does not include cases in which the family had other problems that are not within the definition of abuse and neglect in Section 20-7-490.
(3)(4) Category III IV unfounded reports are those in which an investigation could not be completed because the department was unable to locate the child or family or for some other compelling reason."
SECTION 4. Section 20-7-650(I) of the 1976 Code is amended to read:
"(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, or IV, the report and related information may must 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, or IV 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, or IV 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 that the report was determined to be unfounded. 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."
SECTION 5. This act takes effect upon approval by the Governor.
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