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COMMITTEE REPORT
March 26, 2008
S. 311
S. Printed 3/26/08--S.
Read the first time January 23, 2007.
To whom was referred a Bill (S. 311) to amend the Code of Laws of South Carolina, 1976, by adding Section 20-7-2723 so as to require all group childcare homes and family childcare homes, 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 language and inserting therein the following:
/ SECTION 1. Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-2723. (A) An owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700, who does not carry liability insurance for the operation of his childcare business, shall, by no later than January 1, 2009, obtain signed statements from the custodial parent or parents or guardian or guardians of each child currently enrolled in the childcare center, group childcare home, or family childcare home indicating that the parent or parents or guardian or guardians have received notice that the childcare center, group childcare home, or family childcare home does not carry liability insurance for the operation of its childcare business. The owner or operator of a childcare center, group childcare home, or family childcare home must maintain a file of these signed statements at the home during the period of time a child is enrolled. For new enrollees to a childcare center, group childcare home, or family childcare home, the owner or operator must provide the parent or parents or guardian or guardians of a new enrollee with this information at the time of enrollment, obtain a signed statement from each parent or guardian at the time of enrollment, and maintain these signed statements at the home during the period of time a child is enrolled.
(B) If an owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700, has liability insurance for the operation of his childcare business that lapses or is canceled and not reinstated or replaced, the owner or operator shall obtain and maintain statements in accordance with subsection (A) from the custodial parent or parents or guardian or guardians of each child enrolled in the childcare center, group childcare home, or family childcare home no later than thirty days after the liability insurance lapses or is canceled.
(C) The department shall send a letter to each childcare center, group childcare home, and family childcare home licensed or registered as of June 30, 2008, with the department informing each home of the requirements of subsections (A) and (B), that each home must comply with these requirements by no later than January 1, 2009, and that compliance is a requirement for initial licensure and a continuing annual requirement for relicensure. For childcare centers, group childcare homes, and family childcare homes licensed or registered after June 30, 2008, the department shall provide the information contained in subsections (A) and (B) at the time the childcare center, group childcare home, or family childcare home applies for a license or registration."
SECTION 2. This act takes effect June 30, 2008. /
Renumber sections to conform.
Amend title to conform.
JAMES H. RITCHIE, JR. for Committee.
EXPLANATION OF IMPACT:
The Department of Social Services indicates that this bill would have no impact on the General Fund of the State or federal and/or other funds, as it merely requires the department to notify providers of the change in requirements.
Approved By:
Harry Bell
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2723 SO AS TO REQUIRE ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES THAT DO NOT CARRY LIABILITY INSURANCE TO OBTAIN STATEMENTS FROM EACH PARENT OR GUARDIAN OF A CHILD ENROLLED IN THE CHILDCARE FACILITY INDICATING THAT THE PARENT HAS RECEIVED NOTICE FROM THE FACILITY THAT THE FACILITY DOES NOT CARRY LIABILITY INSURANCE, TO REQUIRE A GROUP CHILDCARE HOME OR FAMILY CHILDCARE HOME WHOSE LIABILITY INSURANCE LAPSES OR IS CANCELED AND NOT REPLACED TO OBTAIN A STATEMENT FROM THE PARENT OR GUARDIAN OF A CHILD ENROLLED IN THAT CHILDCARE FACILITY, TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INFORM EACH GROUP CHILDCARE HOME AND FAMILY CHILDCARE HOME OF THIS REQUIREMENT, AND TO PROVIDE THAT COMPLIANCE WITH THIS SECTION IS A CONDITION OF LICENSURE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-2723. (A) An owner or operator of a group childcare home or family childcare home, as defined by Section 20-7-2700, who does not carry liability insurance for the operation of his childcare business, shall, by no later than January 1, 2008, obtain signed statements from the custodial parent or parents or guardian or guardians of each child currently enrolled in the group childcare home or family childcare home indicating that the parent or parents or guardian or guardians have received notice that the group childcare home or family childcare home does not carry liability insurance for the operation of its childcare business. The owner or operator of a group childcare home or family childcare home must maintain a file of these signed statements at the home during the period of time a child is enrolled. For new enrollees to a group childcare home or family childcare home, the owner or operator must provide the parent or parents or guardian or guardians of a new enrollee with this information at the time of enrollment, obtain a signed statement from each parent or guardian at the time of enrollment, and maintain these signed statements at the home during the period of time a child is enrolled.
(B) If an owner or operator of a group childcare home or family childcare home, as defined by Section 20-7-2700, has liability insurance for the operation of his childcare business that lapses or is canceled and not reinstated or replaced, the owner or operator shall obtain and maintain statements in accordance with subsection (A) from the custodial parent or parents or guardian or guardians of each child enrolled in the group childcare home or family childcare home no later than thirty days after the liability insurance lapses or is canceled.
(C) The department shall send a letter to each group childcare home and family childcare home licensed or registered as of June 30, 2007, with the department informing each home of the requirements of subsections (A) and (B), that each home must comply with these requirements by no later than January 1, 2008, and that compliance is a requirement for initial licensure and a continuing annual requirement for relicensure. For group childcare homes and family childcare homes licensed or registered after June 30, 2007, the department shall provide the information contained in subsections (A) and (B) at the time the group childcare home or family childcare home applies for a license or registration."
SECTION 2. This act takes effect July 1, 2007.
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