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COMMITTEE REPORT
May 28, 2003
S. 500
S. Printed 5/28/03--H.
Read the first time April 24, 2003.
To whom was referred a Bill (S. 500) to amend Chapter 7, Title 20, Code of Laws of South Carolina, 1976, by adding Section 20-7-495, so as to define Children's Advocacy Center, 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, Section 20-7-495(B)(3) by deleting lines 31-34 and inserting /This provision does not preclude or override the release of information based upon a subpoena or court order, unless otherwise prohibited by law./ and by deleting Section 20-7-495(B)(4) in its entirety. So when amended Section 20-7-495(B)(3) reads:
/ (3) Children's Advocacy Center records must be released to the Department of Social Services for purposes of investigation, assessment of allegations of child abuse or neglect, and provision of treatment services to the children or their families. The records must be released to law enforcement agencies and circuit solicitors or their agents who are:
(a) investigating or prosecuting known or suspected abuse or neglect of a child;
(b) investigating or prosecuting the death of a child;
(c) investigating or prosecuting any crime against a child; or
(d) attempting to locate a missing child.
This provision does not preclude or override the release of information based upon a subpoena or court order, unless otherwise prohibited by law./
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
EXPLANATION OF IMPACT:
The Department of Social Services states that this bill would have no impact on the General Fund of the State or on federal and/or other funds. The Children's Advocacy Centers would provide a focal point for the multi-disciplinary teams through the coordination of investigative interviews with law enforcement, solicitors and DSS as well as medical examinations at the center, minimizing the trauma associated with a child abuse investigation.
Approved By:
Don Addy
Office of State Budget
TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495, SO AS TO DEFINE CHILDREN'S ADVOCACY CENTER AND TO PROVIDE THAT CHILDREN'S ADVOCACY CENTER RECORDS ARE CONFIDENTIAL.
Whereas, the General Assembly finds that Children's Advocacy Centers throughout the State are desirable in promoting a timely, coordinated, multi-disciplinary approach for the investigation, treatment, and prosecution of child abuse cases, thereby enhancing the safety of children and minimizing the trauma created for children; Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-495. (A) 'Children's Advocacy Centers' mean centers which must coordinate a multi-agency response to child maltreatment and assist in the investigation and assessment of child abuse. These centers must provide:
(1) a neutral, child-friendly facility for forensic interviews;
(2) the coordination of services for children reported to have been abused;
(3) services including, but not limited to, forensic interviews, forensic medical examinations, and case reviews by multidisciplinary teams to best determine whether maltreatment has occurred; and
(4) therapeutic counseling services, support services for the child and non-offending family members, court advocacy, consultation, and training for professionals who work in the area of child abuse and neglect, to reduce negative impact to the child and break the cycle of abuse.
(B)(1) Children's Advocacy Centers must establish memoranda of agreement with governmental entities charged with the investigation and prosecution of child abuse. Fully operational centers must function in a manner consistent with standards of the National Children's Alliance, and all centers must strive to achieve full membership in the National Children's Alliance.
(2) Children's Advocacy Centers must establish written policies and procedures for standards of care, including, but not limited to, the timely intervention of services between initial contact with the child and the event which led to the child's being referred to the center. Children's Advocacy Centers must make available these written policies and procedures to all professionals who provide services relating to the investigation, treatment, and prosecution of child abuse and neglect within the geographical vicinity of the center.
(3) Children's Advocacy Center records must be released to the Department of Social Services for purposes of investigation, assessment of allegations of child abuse or neglect, and provision of treatment services to the children or their families. The records must be released to law enforcement agencies and circuit solicitors or their agents who are:
(a) investigating or prosecuting known or suspected abuse or neglect of a child;
(b) investigating or prosecuting the death of a child;
(c) investigating or prosecuting any crime against a child; or
(d) attempting to locate a missing child.
This provision does not preclude or override the requirement of written consent for release of information by the child's custodial parent or guardian, or the release of information based upon a subpoena or court order, unless otherwise prohibited by law.
(4) Recovery in any civil suit filed against staff and volunteers of a Children's Advocacy Center who are not covered by the South Carolina Tort Claims Act is restricted to the maximum limits on any insurance policy held by the center.
(C) The South Carolina Network of Children's Advocacy Centers and the South Carolina Chapter of the National Children's Alliance must coordinate and facilitate the exchange of information among statewide centers and provide technical assistance to communities in the establishment, growth, and certification of local centers. The network must also educate the public and legislature regarding the needs of abused children and provide or coordinate multidisciplinary training opportunities which support the comprehensive response to suspected child maltreatment."
SECTION 2. This act takes effect upon approval by the Governor.
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