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H. 4090
STATUS INFORMATION
General Bill
Sponsors: Rep. Haley
Document Path: l:\council\bills\nbd\11635ac07.doc
Introduced in the House on May 16, 2007
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs
Summary: Childcare facilities
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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5/16/2007 House Introduced and read first time HJ-9
5/16/2007 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-9
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 20-7-2700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE REGULATION OF CHILDCARE FACILITIES, SO AS TO REVISE THE DEFINITION OF "CHILDCARE FACILITIES" TO INCLUDE SCHOOL VACATION OR SCHOOL HOLIDAY DAY CAMPS THAT OPERATE FOR SESSIONS OF FIVE OR MORE DAYS AND TO INCLUDE FACILITIES OPERATED FOR MORE THAN FOUR HOURS A DAY IN CONNECTION WITH A SHOPPING CENTER; TO AMEND SECTIONS 20-7-2850, 20-7-2860, 20-7-2870, AND 20-7-2890, ALL AS AMENDED, ALL RELATING TO REGISTRATION PROCEDURES FOR FAMILY CHILDCARE HOMES, SO AS TO ALSO APPLY THESE PROCEDURES TO SCHOOL VACATION AND SCHOOL HOLIDAY DAY CAMPS; AND TO AMEND SECTION 20-7-2980, AS AMENDED, RELATING TO REGULATIONS FOR CHILDCARE FACILITIES AND SUGGESTED STANDARDS FOR FAMILY CHILDCARE HOMES, SO AS TO ALSO PROVIDE SUGGESTED STANDARDS FOR SCHOOL VACATION AND SCHOOL HOLIDAY DAY CAMPS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-2700 b. of the 1976 Code, as last amended by Act 2 of 2003, is further amended to read:
"b. 'Childcare 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, childcare centers, group childcare homes, and family childcare homes, before and after school programs, and school vacation or school holiday day camps that operate in distinct sessions running five days or longer. 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 a total of two hours a day, including programs offered during the day whether or not the programs are related, 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 RESERVED;
(5) school vacation or school holiday day camps for children operating in distinct sessions running less than three weeks five days per session unless the day camp permits children to enroll in successive sessions so that their total attendance may exceed three weeks five days;
(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) childcare centers and group childcare 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 childcare 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."
SECTION 2. Section 20-7-2850 of the 1976 Code, as last amended by Act 263 of 2004, is further amended to read:
"Section 20-7-2850. (A) Registration must be completed on forms supplied by the department and in the manner it prescribes.
(B) Before becoming a registered operator the applicant shall:
(1) sign a statement that he has read the suggested standards developed by the department under Section 20-7-2980;
(2) furnish the department with a signed statement by each consumer parent verifying that the operator has provided each consumer parent with a copy of the suggested standards for family childcare homes and school vacation or school holiday day camps and the procedures for filing complaints;
(3) upon request, provide the department with any facts, conditions, or circumstances relevant to the operation of the family childcare home or the school vacation or school holiday day camp, including references and other information regarding the character of the family childcare home or school vacation or school holiday day camp operator.
(C) A person applying to become a registered operator of a family childcare home under this section and a person fifteen years of age or older living in the family childcare home and an operator and caregiver of a school vacation or school holiday day camp 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.
(D) No applicant may be registered as an operator of a family childcare home or a school vacation or school holiday day camp if the person, an employee, a caregiver, or a person fifteen years of age or older living in the family childcare home 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.
This section does not operate to prohibit registration or renewal when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator, caregiver, or employee, of a family childcare home or a school vacation or school holiday day camp or to be living in the family daycare home.
(E) Application forms for registration issued under this section 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 subsection (D) who applies for registration as operator of a family childcare home or a school vacation or school holiday day camp, or a person who applies for registration as an operator of a family childcare home who has a person fifteen years of age or older living in the family childcare home who has been convicted of a crime enumerated in subsection (D), 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.
(F) Application forms for registration issued under this chapter subarticle by the department and application forms for employment at a family childcare home or a school vacation or school holiday day camp 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."
SECTION 3. Section 20-7-2860 of the 1976 Code, as last amended by Act 2 of 2003, is further amended to read:
"Section 20-7-2860. (A) A statement of registration must be issued when the family childcare or school vacation or school holiday day camp 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 childcare home.
(B) Registration expires at the end of one year from the date of issuance of the statement of registration. Registration may be renewed according to the procedures developed by the department.
(C)(1) A person applying for renewal of registration as an operator of a family childcare home registered under this chapter subarticle and a person employed or providing caregiver services at a family childcare home registered under this chapter subarticle, 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.
(2) A person applying for renewal of registration as an operator of a school vacation or school holiday day camp registered under this subarticle and a person employed or providing caregiver services registered under this subarticle, who has not done so previously, on the first renewal after June 30, 2009, 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.
(3) Application forms for registration renewal issued under this section 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 Section 20-7-2850(D) who applies for registration as an operator of a family childcare home or a school vacation or school holiday day camp, or a person who applies for registration as an operator of a family childcare home who has a person fifteen years of age or older living in the home who has been convicted of a crime enumerated in Section 20-7-2850(D), 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.
(D) Application forms for registration renewal issued under this chapter subarticle by the department for a family childcare home or a school vacation or school holiday day camp 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.
(E) The department may withdraw the statement of registration if one or more of the following apply:
(1) The health and safety of the children require withdrawal.
(2) The facility has enrolled children beyond the limits defined in this subarticle.
(3) The operator fails to comply with the registration procedures provided in this subarticle."
SECTION 4. Section 20-7-2870 of the 1976 Code, as last amended by Act 2 of 2003, is further amended to read:
"Section 20-7-2870. The department shall visit the facility a childcare facility when concerns are expressed by the community regarding the health and safety of the children, child abuse, or enrollment beyond the limits set forth in this subarticle. If the:
a.(1) If the concern is in regard to the health and safety of the children, the department may call on other appropriate agencies (i.e., State including, but not limited to, the Department of Health and Environmental Control, and the Office of the State Fire Marshal), as necessary to conduct an inspection.;
b.(2) If the concern indicates that the child has been abused, the department shall carry out its responsibility as authorized under Article 7 of this chapter.;
c.(3) If the visits and inspections verify conditions detrimental to the health and safety of the children or overenrollment, the department shall carry out its responsibility as authorized by Section 20-7-2860(C) and Section 20-7-3010."
SECTION 5. Section 20-7-2890 of the 1976 Code, as last amended by Act 2 of 2003, is further amended to read:
"Section 20-7-2890. The department shall offer consultation through employed staff or other qualified persons to assist a potential applicant, an applicant or registered operator in meeting and maintaining the suggested standards for family childcare homes and school vacation or school holiday day camps."
SECTION 6. Section 20-7-2980 of the 1976 Code, as last amended by Act 2 of 2003, is further to read:
"Section 20-7-2980. a.(A) The department shall with the advice and consent of the Advisory Committee develop and promulgate regulations depending upon the nature of services to be provided for the operation and maintenance of childcare centers and group childcare homes. The department with the advice of the Advisory Committee shall develop suggested standards which shall serve as guidelines for the operators of family childcare homes and suggested guidelines for operators of school vacation and school holiday day camps and the parents of children who use the service these services. In developing these regulations and suggested standards, the department shall consult with:
(1) other state agencies, including the State Department of Health and Environmental Control, the Office of the State Fire Marshal, and the Office of the Attorney General.;
(2) parents, guardians, or custodians of children using the service.;
(3) child advocacy groups.;
(4) the State Advisory Committee on the Regulation of Childcare Facilities established by this subarticle.;
(5) operators of childcare facilities from all sectors.;
(6) professionals in fields relevant to childcare and development.; and
(7) employers of parents, guardians, or custodians of children using the service.
Draft formulations must be widely circulated for criticism and comment.
b.(B) The regulations for operating and maintaining childcare centers and group childcare homes and the suggested standards for school vacation and school holiday day camps and the suggested standards for family childcare homes must be designed to promote the health, safety, and welfare of the children who are to be served by assuring safe and adequate physical surroundings and healthful food; by assuring supervision and care of the children by capable, qualified personnel of sufficient number. The regulations with respect to licensing and approval, and the suggested standards with respect to registration of family childcare homes and school vacation and school holiday day camps must be designed to promote the proper and efficient processing of matters within the cognizance of the department and to assure applicants, licensees, approved operators, and registrants fair and expeditious treatment under the law.
c.(C) The department shall conduct a comprehensive review of its licensing and approval regulations and, family childcare home suggested standards, and school vacation and school holiday day camp suggested standards at least once each every three years.
d.(D) No regulations for childcare facilities may exceed policies or minimum standards set for public childcare facilities regulated under this subarticle.
e.(E) The department shall submit final drafts of its regulations to the Legislative Council as proposed regulations, and the Administrative Procedures Act Sections 1-23-10 et seq., governs their promulgation.
f.(F) The department shall establish a procedure for its representatives to follow in receiving and recording complaints. Standard forms may be produced and made available to parents and users of facilities upon request to the department. A copy of any complaint must be made available to the involved operator immediately upon his request."
SECTION 7. This act takes effect July 1, 2008.
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