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Bill 511

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 25, 2001

    S. 511

S. Printed 4/25/01--S.

Read the first time March 28, 2001.

    To whom was referred a Bill (S. 511) to amend Section 43-1-115, Code of Laws of South Carolina, 1976, relating to the Department of Social Services county office biennial performance audits, so as, etc., respectfully

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by striking all after the enacting words and inserting:

    /SECTION    1.    Section 43-1-115 of the 1976 Code, as added by Act 101 of 1993, is amended to read:

    "Section 43-1-115.    The State Department shall conduct, at least once every two five years, a detailed performance audit, which must include, but is not limited to, substantive quality review of the child protective services and foster care programs of every local in each county office. The department shall use a sample size that will ensure the results of the audit to be within a ninety percent confidence level and each adoption office in the State. The county's performance must be assessed with reference to specific outcome measures published in advance by the department. The quality review must assess the accuracy of program data being submitted by the county and examine data and other sources to determine the extent to which outcomes are being achieved. The department shall prepare a full and detailed narrative report of, with supporting data, describing its findings and include any proposals to rectify any deficiencies noted. The State Department shall submit, the report within ninety calendar days of the after completion of the county performance audit review, a copy of its final report to the Governor, Lieutenant Governor, members and to each member of the respective county legislative delegations, the Joint Legislative Committee on Children, and the County Advisory Board of Social Services delegation, and the report shall be posted on the department's website. The final and all draft audit reports are public information and upon request must be provided without charge to any member of the public within the time period set forth by the Freedom of Information Act. As public information, the State Department shall also submit two copies of the final report to the State Library and one copy of the final report to any public library within the county reviewed fifteen working days after the request is received. The failure of the State Department to conduct the required biennial performance audits quality review of any county office is considered nonfeasance in office by the State Commission, director and is cause for the commissioner's State Director's removal, and subjects the commissioner to the penalties for nonfeasance. This section is not intended to limit the department in the frequency or scope of reviews of county operations." /

    Renumber sections to conform.

    Amend title to conform.

WILLIAM MESCHER for Committee.

EXPLANATION OF IMPACT:

    The Department of Social Services states that this bill would result in a cost savings to the General Fund of the State of $39,374 and a savings to federal funds of $100,097. These savings would result from the elimination of three positions, 0.87 state and 2.13 federal, and the related operating expenses. Currently, there are nine FTE positions that perform reviews of each county's child protective service and adult protective service cases. Three of these positions are mandated by contract with the South Carolina Department of Health and Human Services to perform targeted case management reviews annually, and would not be initially impacted. Of the remaining six positions, it is estimated that three positions would be required to continue the human service reviews on a five-year cycle.

SPECIAL NOTES:

    The Department of Social Services indicates that any estimated savings related to the implementation of this bill have already been included in the department's budget reduction plan for FY 2001-02.

    Approved By:

    Don Addy

    Office of State Budget

TO AMEND SECTION 43-1-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES COUNTY OFFICE BIENNIAL PERFORMANCE AUDITS, SO AS TO REQUIRE A SUBSTANTIVE QUALITY REVIEW IN EACH COUNTY EVERY FIVE YEARS, TO REQUIRE, AMONG OTHER THINGS, A COUNTY'S PERFORMANCE TO BE ASSESSED USING SPECIFIC OUTCOME MEASURES, AND TO REVISE PARTIES TO WHOM THE REPORT IS TO BE PROVIDED.

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

SECTION    1.    Section 43-1-115 of the 1976 Code, as added by Act 101 of 1993, is amended to read:

    "Section 43-1-115.    The State Department shall conduct, at least once every two five years, a detailed performance audit, which must include, but is not limited to, substantive quality review of the child protective services and foster care programs of every local in each county office. The department shall use a sample size that will ensure the results of the audit to be within a ninety percent confidence level The county's performance must be assessed with reference to specific outcome measures published in advance by the department. The quality review must assess the accuracy of program data being submitted by the county and examine data and other sources to determine the extent to which outcomes are being achieved. The department shall prepare a full and detailed narrative report of, with supporting data, describing its findings and include any proposals to rectify any deficiencies noted. The State Department shall submit, the report within ninety calendar days of the after completion of the county performance audit review, a copy of its final report to the Governor, Lieutenant Governor, members and to each member of the respective county legislative delegations, the Joint Legislative Committee on Children, and the County Advisory Board of Social Services delegation. The final and all draft audit reports are public information and upon request must be provided without charge to any member of the public within the time period set forth by the Freedom of Information Act. As public information, the State Department shall also submit two copies of the final report to the State Library and one copy of the final report to any public library within the county reviewed fifteen working days after the request is received. The failure of the State Department to conduct the required biennial performance audits quality review of any county office is considered nonfeasance in office by the State Commission, director and is cause for the commissioner's State Director's removal, and subjects the commissioner to the penalties for nonfeasance."

SECTION    2.    This act takes effect upon approval by the Governor.

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