South Carolina General Assembly
116th Session, 2005-2006

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H. 4925

STATUS INFORMATION

General Bill
Sponsors: Rep. Davenport
Document Path: l:\council\bills\nbd\12368ac06.doc

Introduced in the House on March 30, 2006
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs

Summary: Childcare center employment

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/30/2006  House   Introduced and read first time HJ-7
   3/30/2006  House   Referred to Committee on Medical, Military, Public and 
                        Municipal Affairs HJ-8

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/30/2006

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 20-7-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CENTRAL REGISTRY OF ABUSE AND NEGLECT AND SECTION 20-7-2725, AS AMENDED, RELATING TO CHILDCARE CENTER EMPLOYMENT, SO AS TO PROVIDE THAT IF A PERSON'S EMPLOYMENT OR PROVISION OF CAREGIVER SERVICES AT A CHILDCARE FACILITY IS DEPENDENT UPON A SCREENING AGAINST THE CHILD ABUSE AND NEGLECT REGISTRY, THE PERSON MAY BE PROVISIONALLY EMPLOYED FOR UP TO FIVE DAYS IF THE PERSON AFFIRMS IN WRITING THAT HE OR SHE HAS NOT BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES AND IF THE REGISTRY REVIEW HAS BEEN REQUESTED AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO COMPLETE THE REGISTRY REVIEW WITHIN FORTY-EIGHT HOURS OF THE REQUEST FOR REVIEW.

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

SECTION    1.    Section 20-7-680(G) of the 1976 Code, as added by Act 79 of 2005, is amended to read:

"(G)    When a statute or regulation makes determination of a person's history of child abuse or neglect a condition for employment or volunteer service in a facility or other entity regulated by the department, the person must be screened against the Central Registry of Child Abuse and Neglect before employment or service in the volunteer role, except as provided in Section 20-7-2725 (D). The person must be screened each time the license, registration, or other operating approval of the facility or other entity is renewed."

SECTION    2.    Section 20-7-2725(D) of the 1976 Code, as amended by Act 2 of 2003, is further amended to read:

"(D)    To be employed by or to provide caregiver services at a childcare facility licensed, registered, or approved under this subarticle, a person first shall undergo Central Registry of Child Abuse and Neglect review, 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. A person may be provisionally employed or may provisionally provide caregiver services after the favorable completion of the State Law Enforcement Division fingerprint review and until such time as the Federal Bureau of Investigation fingerprint review is completed if the person affirms in writing on a form provided by the department that he or she has not been convicted of any crime enumerated in this section. A person may be provisionally employed or may provisionally provide caregiver services for no more than five business days after the favorable completion of the State Law Enforcement Division review and until such time as the Central Registry of Child Abuse and Neglect review is completed if the person affirms in writing on a form provided by the department that he or she has not been convicted or any crime enumerated in this section and the submitting person or business can document that the review has been requested. The Department of Social Services must complete the Central Registry of Child Abuse and Neglect review within forty-eight hours of receipt of the request. The results of the fingerprint reviews are valid and reviews are not required to be repeated as long as the person remains employed by or continues providing caregiver services in a childcare center, group childcare home, family childcare home, or church or religious childcare center; however, if a person is not employed or does not provide caregiver services for one year or longer, the fingerprint reviews must be repeated."

SECTION    3.    This act takes effect upon approval by the Governor.

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