South Carolina General Assembly
117th Session, 2007-2008

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Bill 3547

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 15, 2008

H. 3547

Introduced by Reps. Moss, Gambrell, Leach, Ballentine and Toole

S. Printed 5/15/08--S.    [SEC 5/16/08 1:48 PM]

Read the first time May 8, 2007.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3547) to amend Section 20-7-650, as amended, Code of Laws of South Carolina, 1976, relating to the duties of the Department of Social Services with regard, etc., respectfully

REPORT:

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.    Subsections (L), (M), (N), and (O) of Section 20-7-650 of the 1976 Code are amended to read:

"(L)    At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:

(1)    must order that a person's name be entered in the Central Registry of Child Abuse and Neglect if the court finds that there is a preponderance of evidence that the person severely physically abused, or sexually abused, or wilfully or recklessly severely neglected the child. Placement on the Central Registry cannot be waived by any party or by the court. However, if the only form of physical abuse that is found by the court is excessive corporal punishment, the court only may order that the person's name be entered in the Central Registry if item (2) applies;

(2)    may, except as provided for in item (1), order that the person's name be entered in the Central Registry if the court finds by a preponderance of evidence (a) that the person abused or neglected the child in any manner, including the use of excessive corporal punishment, and (b) that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or wilful or reckless severe neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children.

(M)    At the probable cause hearing, the court may order that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection (K) (L).

(N)    At any time following receipt of a report, the department may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical or sexual abuse or wilful or reckless severe neglect if placed in a position or setting outside of the person's home that involves care of or substantial contact with children. The department must serve a copy of the petition and summary on the person named as perpetrator. The petition must include a statement that the judge must rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within five days after service of the petition. The name, address, and telephone number of the clerk of court or the clerk's designee must be stated in the petition. If the person named as perpetrator requests a hearing, the court must schedule a hearing on the merits of the allegations in the petition and summary to be held no later than five working days following the request.

(O)    At a hearing pursuant to Section 20-7-736, The the department must seek an order placing a person in the Central Registry pursuant to subsection (K), (L), or (M) in all cases in which the department concludes that there is a preponderance of evidence that the person committed sexual abuse, severe physical abuse, or severe neglect of a child."

SECTION    2.    Section 20-7-2725(D) of the 1976 Code is 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 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 and a central registry check by the department to determine any abuse or neglect upon a child. A person may be provisionally employed or may provisionally provide caregiver services after the favorable completion of the State Law Enforcement Division fingerprint review online background catch and until such time as the State Law Enforcement Division fingerprint review, Federal Bureau of Investigation review, and central registry check 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 and they are under the supervision of a non-provisionally employed person at all times when providing direct care to children. Provisional status will be repealed if the State Law Enforcement Division fingerprint review, Federal Bureau of Investigation fingerprint review, and central registry check are not submitted within seventy-two hours of employment. If a provider of caregiver services under this subarticle violates the terms of the provisional employment, the provider may not employ a person provisionally for twelve months. 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. For purposes of this section, the department must complete the central registry check within two business days of receipt of the request, not including the date of receipt. For all other central registry checks required by Section 20-7-680, the department must complete the check within four business days of receipt of the request, not including the date of receipt."

SECTION    3.    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.

(D)    An owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700, must notify and 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 may provisionally employ a person in order to comply with Section 20-7-680(G) and Section 20-7-2725(D) when an unexpected staff vacancy occurs. Provisional employment may only occur pursuant to the process provided in Section 20-7-2725(D)."

SECTION    4.    This act takes effect upon approval by the Governor.                /

Renumber sections to conform.

Amend title to conform.

JAMES H. RITCHIE, JR. for Committee.

            

A BILL

TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO INVESTIGATING CHILD ABUSE AND NEGLECT REPORTS, DETERMINING WHETHER SUCH REPORTS ARE FOUNDED OR UNFOUNDED, AND PLACING THE NAMES OF PERPETRATORS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY BY PROVIDING THAT IF THE COURT FINDS THAT A PERPETRATOR PHYSICALLY NEGLECTED, SEVERELY NEGLECTED, OR REPEATEDLY NEGLECTED A CHILD, THE PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY.

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

SECTION    1.    Section 20-7-650(L) of the 1976 Code, as last amended by Act 79 of 2005, is further amended to read:

"(L)    At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:

(1)    must order that a person's name be entered in the Central Registry of Child Abuse and Neglect if the court finds that there is a preponderance of evidence that the person: physically or sexually abused or wilfully or recklessly neglected the child

(a)    physically abused the child;

(b)    sexually abused the child;

(c)    severely neglected the child; or

(d)    repeatedly neglected the child.

Placement on the Central Registry cannot be waived by any party or by the court. However, if the only form of physical abuse that is found by the court is excessive corporal punishment, the court only may order that the person's name be entered in the Central Registry if item (2) applies;

(2)    may, except as provided for in item (1), order that the person's name be entered in the Central Registry if the court finds by a preponderance of evidence;

(a)    that the person abused or neglected the child in any manner, including the use of excessive corporal punishment,; and

(b)    that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical abuse, or sexual abuse or wilful or reckless, severe neglect, or repeated neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children."

SECTION    2.    Section 20-7-650(M), (N), and (O) of the 1976 Code, as last amended by Act 325 of 2002, are further amended to read:

"(M)    At the probable cause hearing, the court may order that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection (KL).

(N)    At any time following receipt of a report, the department may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical abuse, or sexual abuse or wilful or reckless neglect, severe neglect, or repeated neglect if placed in a position or setting outside of the person's home that involves care of or substantial contact with children. The department must serve a copy of the petition and summary on the person named as perpetrator. The petition must include a statement that the judge must rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within five days after service of the petition. The name, address, and telephone number of the clerk of court or the clerk's designee must be stated in the petition. If the person named as perpetrator requests a hearing, the court must schedule a hearing on the merits of the allegations in the petition and summary to be held no later than five working days following the request.

(O)    The department must seek an order placing a person in the Central Registry pursuant to subsection (K), (L), or (M) in all cases in which the department concludes that there is a preponderance of evidence that the person committed sexual abuse Reserved."

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

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