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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
RECALLED
April 24, 2008
H. 4377
S. Printed 4/24/08--H.
Read the first time January 8, 2008.
TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING REPORTS AND INVESTIGATIONS OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT INFORMATION CONCERNING REPORTS OF CHILD ABUSE AND NEGLECT CLASSIFIED AS UNFOUNDED MUST BE FORWARDED TO THE STATE LAW ENFORCEMENT DIVISION FOR SAFEKEEPING INDEFINITELY, TO BE DISCLOSED ONLY UNDER CERTAIN CIRCUMSTANCES CURRENTLY ALLOWED BY LAW AND TO MANDATE THAT BOTH THE DEPARTMENT AND THE APPROPRIATE LAW ENFORCEMENT AGENCY CONDUCT INVESTIGATIONS AND SHARE INFORMATION COLLECTED WHEN CHILD ABUSE OR NEGLECT IS INDICATED; TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE CERTAIN PUBLIC ENTITIES TO REVIEW THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT BEFORE HIRING A POTENTIAL EMPLOYEE AND TO PROVIDE CONSEQUENCES WHEN AN EMPLOYER REQUIRED TO CHECK THE CENTRAL REGISTRY FAILS TO DO SO; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF REPORTS AND RECORDS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO ALLOW CERTAIN PERSONS, AGENCIES, OR ENTITIES ACCESS TO THE DEPARTMENT'S RECORDS OF INDICATED CHILD ABUSE AND NEGLECT CASES; AND TO REPEAL SECTION 20-7-50 RELATING TO UNLAWFUL CONDUCT TOWARDS A CHILD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-650(J), (M), (O), (Q), and (S) of the 1976 Code, as last amended by Act 325 of 2002, is further amended to read:
"(J) Information concerning reports classified as unfounded contained in the statewide data system and records must be maintained by the department for not less than five years after the finding. After five years, this information must be forwarded to the State Law Enforcement Division (SLED) for safekeeping indefinitely. Information contained in unfounded cases is not subject to disclosure under pursuant to the Freedom of Information Act as provided for in Chapter 4, Title 30. Access to and use of information contained in unfounded cases must be strictly limited to the following purposes and entities:
(1) a prosecutor, SLED, or law enforcement officer or agency, for purposes of investigation of a suspected false report pursuant to Section 20-7-567;
(2) the department, SLED, or a law enforcement officer or agency, for the purpose investigating allegations of abuse or neglect;
(3) the department, SLED, or a law enforcement officer or agency, when information is received that allows the reopening of a Category III unfounded report pursuant to subsection (C);
(4) as evidence in a court proceeding, if admissible under pursuant to the rules of evidence as determined by a judge of competent jurisdiction;
(5) a person who is the subject of a report in an action brought by a prosecutor or by the department, if otherwise subject to discovery under pursuant to the applicable rules of procedure;
(6) the department, for program improvement, auditing, and statistical purposes;
(7) as authorized in Section 20-7-695; and
(8) the Department of Child Fatalities pursuant to Section 20-7-5930.
(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).
(O) The department must seek an order placing a person in the Central Registry pursuant to subsection (K), (L), or (M), or (N) in all cases in which the department concludes that there is a preponderance of evidence that the person committed sexual abuse.
(Q) In cases where a person has been placed in the Central Registry of Child Abuse and Neglect, the outcome of any all further proceedings must be entered immediately by the department into the Central Registry of Child Abuse and Neglect. If it is determined that a report is unfounded, the department must immediately purge information identifying that person as a perpetrator from the registry and from department records as provided in Section 20-7-680(D) and (E).
(S) The department must cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the department. Where When the facts indicating indicate child abuse or neglect, whether or not the facts also appear to indicate a violation of criminal law, the department must notify the appropriate law enforcement agency of those facts within twenty-four hours of the department's finding for the purposes of police law enforcement's investigation. Both the department and the appropriate law enforcement agency with jurisdiction over the case must conduct an investigation and share all information collected. The law enforcement agency must file a formal incident report at the time it is notified by the department of the finding. The law enforcement agency shall determine if a criminal law has been violated and written notice must be forwarded to the department at that time regarding a determination made by the law enforcement agency to terminate or proceed with the law enforcement agency's investigation into the case. When the intake report is of alleged sexual abuse, the department must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary and a joint investigation must begin. The law enforcement agency must file a formal incident report at the time it is notified of the alleged sexual abuse. The law enforcement agency must provide the following information to the department including, but not limited to, copies of incident reports generated in any case all cases reported to law enforcement by the department and in any case all cases in which the officer responsible for the case knows the department is involved with the family or the child. The law enforcement officer must make reasonable efforts to advise the department of significant developments in the case, such as disposition in summary court, referral of a juvenile to the Department of Juvenile Justice, arrest or detention, trial date, and disposition of charges. The department must include in its records copies of incident reports provided under pursuant to this section and must record the disposition of charges."
SECTION 2. Section 20-7-680 of the 1976 Code, as last amended by Act 79 of 2005, is further amended to read:
"Section 20-7-680. (A) The purpose of this section is to establish a system for the identification of abused and neglected children and those who are responsible for their welfare, to provide a system for the coordination of reports concerning abused and neglected children, and to provide data for determining the incidence and prevalence of child abuse and neglect in this State. To further these purposes, the department must maintain one or more statewide data systems concerning cases reported to it pursuant to this article.
(B) The Department of Social Services must maintain a Central Registry of Child Abuse and Neglect within the department's child protective services unit in accordance with Sections 20-7-650, 20-7-670, and 17-25-135. Perpetrators of child abuse and neglect must be entered in the registry only by order of a court as provided for in Sections 20-7-650 and 17-25-135, or as provided for in Section 20-7-670. Each entry in the registry must be accompanied by information further identifying the person including, but not limited to, the person's date of birth, address, and any all other identifying characteristics, and describing the abuse or neglect committed by the person.
(C) The Department of Social Services must furnish annually to the Governor and the General Assembly a report on the incidence and prevalence of child abuse and neglect in South Carolina, the effectiveness of services provided throughout the State to protect children from this harm, and any all other data considered instructive.
(D) The Central Registry of Child Abuse and Neglect must not contain information from reports classified as unfounded. Other department records and databases must treat unfounded cases as provided for in Section 20-7-650.
(E) The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes of persons named in department records of indicated cases other than the Central Registry of Child Abuse and Neglect must be destroyed seven years from the date services are terminated. This section does not prohibit the department from maintaining an 'indicated case' which contains identifying information on the child who is the subject of the indicated report and those responsible for the child's welfare without identifying a person as perpetrator, and it does not prohibit the department from providing child protective services to the child who is the subject of an indicated report and those responsible for the child's welfare.
(F) Information in the central registry and other department records may be released only as authorized in Section Sections 20-7-650 and 20-7-690 or as otherwise specifically authorized by statute. Information in records of the department other than the Central Registry of Child Abuse and Neglect must not be used for screening potential employees or volunteers of any a public or private entity, except as specifically provided by Section 20-7-690 or as otherwise provided by statute. However, nothing in this section prevents the department from using other information in its records when making decisions associated with administration or delivery of the department's programs and services.
(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. The person must be screened each time the license, registration, or other operating approval of the facility or other entity is renewed.
(H) When a statute or regulation makes determination of an applicant's history of child abuse or neglect, a condition for issuance of a license, registration, or other operating approval by the department, the applicant must be screened against the Central Registry of Child Abuse and Neglect before issuance of the initial license, registration, or other approval and each time the license, registration, or other operating approval is renewed.
(I) Notwithstanding another provision of law, persons, agencies, or entities granted access to the records of indicated cases pursuant to Section 20-7-690 shall review the Central Registry of Child Abuse and Neglect before hiring a potential employee.
(J) Nothing in subsection (I) prevents an employer from hiring a person who is not otherwise prohibited by law from employment by the entity based on the information contained in the Central Registry of Child Abuse and Neglect. However, an employer who is specifically required by law to check the Central Registry of Child Abuse and Neglect and who is prohibited by law from hiring a person based on the information contained in the Central Registry of Child Abuse and Neglect is subject to a fine not exceeding the maximum amount allowable under the magistrates court jurisdiction pursuant to Section 22-3-10 for each incident in addition to other sanctions or remedies provided by law.
(K) A person, agency, or entity required to review the Central Registry of Child Abuse and Neglect pursuant to the provisions of subsection (I) may not be charged a fee by the department in excess of eight dollars for each check."
SECTION 3. Section 20-7-690(B) of the 1976 Code, as last amended by Act 2 of 2003, is further amended to read:
"(B) The department is authorized to grant access to the records of indicated cases to the following persons, agencies, or entities:
(1) the ombudsman of the office of the Governor or the Governor's designee;
(2) a person appointed as the child's guardian ad litem, the attorney for the child's guardian ad litem, or the child's attorney;
(3) appropriate staff of the department;
(4) a law enforcement agency investigating or prosecuting known or suspected abuse or neglect of a child or any other crime against a child, attempting to locate a missing child, investigating or prosecuting the death of a child, or investigating or prosecuting any other crime established in or associated with activities authorized under this article;
(5) a person who is named in a report or investigation pursuant to this article as having abused or neglected a child, that person's attorney, and that person's guardian ad litem;
(6) a child fourteen years of age or older who is named in a report as a victim of child abuse or neglect, except in regard to information that the department may determine to be detrimental to the emotional well-being of the child;
(7) the parents or guardians of a child who is named in a report as a victim of child abuse or neglect;
(8) county medical examiners or coroners who are investigating the death of a child;
(9) the State Child Fatality Advisory Committee and the Department of Child Fatalities in accordance with the exercise of their purposes or duties pursuant to Article 26, Chapter 7, Title 20;
(10) family courts and juvenile arbitrators conducting proceedings pursuant to this article;
(11) the parties to a court proceeding in which information in the records is legally relevant and necessary for the determination of an issue before the court, if before the disclosure the judge has reviewed the records in camera, has determined the relevancy and necessity of the disclosure, and has limited disclosure to legally relevant information under a protective order;
(12) a grand jury by subpoena upon its determination that access to the record is necessary in the conduct of its official business;
(13) authorities in other states conducting child abuse and neglect investigations or providing child welfare services;
(14) courts in other states conducting child abuse and neglect proceedings or child custody proceedings;
(15) the director or chief executive officer of a childcare facility, child placing agency, or child caring facility when the records concern the investigation of an incident of child abuse or neglect that allegedly was perpetrated by an employee or volunteer of the facility or agency against a child served by the facility or agency or for the purposes of certifying that no potential employee or volunteer is the subject of an indicated report or an affirmative determination;
(16) a person or agency with authorization to care for, diagnose, supervise, or treat the child, the child's family, or the person alleged to have abused or neglected the child;
(17) any person engaged in bona fide research with the written permission of the state director or the director's designee, subject to limitations the state director may impose;
(18) multidisciplinary teams impaneled by the department or impaneled pursuant to statute;
(19) circuit solicitors and their agents investigating or prosecuting known or suspected abuse or neglect of a child or any other crime against a child, attempting to locate a missing child, investigating or prosecuting the death of a child, or investigating or prosecuting any other crime established in or associated with activities authorized under this article;
(20) prospective adoptive or foster parents before placement;
(21) the Division for the Review of the Foster Care of Children, Office of the Governor, for purposes of certifying in accordance with Section 20-7-2386 that no potential employee or no nominee to and no member of the state or a local foster care review board is a subject of an indicated report or affirmative determination.;
(22) employees of the Division for the Review of the Foster Care of Children, Office of the Governor and members of local boards when carrying out their duties pursuant to Subarticle 4, Article 13; the department and the division shall limit by written agreement or regulation, or both, the documents and information to be furnished to the local boards.;
(23) the Division of Guardian ad Litem, Office of the Governor, for purposes of certifying that no potential employee or volunteer is the subject of an indicated report or an affirmative determination.;
(24) personnel of public or private elementary or secondary schools authorized by the respective school district; and
(25) another person, agency, or entity otherwise authorized by law."
SECTION 4. Section 20-7-50 of the 1976 Code is repealed.
SECTION 5. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 6. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 7. This act takes effect upon approval by the Governor.
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