A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "CASH BERRY CHILDCARE SAFETY AND QUALITY RATING ACT" BY ADDING SECTION 63-13-220 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP AND IMPLEMENT A CHILDCARE FACILITY SAFETY AND QUALITY GRADING SYSTEM AND TO PROMULGATE APPLICABLE REGULATIONS TO IMPLEMENT THE SYSTEM; TO REQUIRE LICENSED CHILDCARE FACILITIES TO POST THEIR GRADE ON A PLACARD IN A PROMINENT LOCATION AND TO PROHIBIT TAMPERING WITH THE PLACARD; TO REQUIRE THE DEPARTMENT TO ESTABLISH A SEARCHABLE ONLINE DATABASE WITH CHILDCARE FACILITY GRADES AND INSPECTION HISTORY; TO ALLOW CHILDCARE FACILITIES TO REQUEST REINSPECTIONS IN CERTAIN CIRCUMSTANCES; TO ESTABLISH PENALTIES FOR CHILDCARE FACILITIES THAT FAIL TO DISPLAY THEIR ASSIGNED GRADE; AND FOR OTHER PURPOSES.

 

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

 

SECTION 1.  This act may be cited as the "Cash Berry Childcare Safety and Quality Rating Act."

 

SECTION 2.  Article 1, Chapter 13, Title 63 of the S.C. Code is amended by adding:

 

    Section 63-13-220. (A) For purposes of this section, "grade" means a letter grade of A, B, C, D, or F assigned by the Department of Social Services to reflect a childcare facility's compliance and performance based on inspection and data criteria.

    (B)(1) The department shall develop and implement a childcare safety and quality grading system for all licensed childcare facilities in South Carolina.

       (2) The grading system must:

           (a) assign each licensed childcare facility a letter grade of A, B, C, D, or F, reflecting the overall performance of the childcare facility;

           (b) be based upon objective, measurable data collected during department inspections, reviews, and reports; and

           (c) include, but not be limited to, the following factors:

               (i) compliance with department regulations and safety standards;

               (ii) cleanliness and sanitary conditions of the childcare facility;

               (iii) completion and accuracy of mandatory incident and injury reports;

               (iv) number and severity of substantiated violations or citations within the prior thirty-six months;

               (v) background check compliance and staff credential verification;

               (vi) record of any criminal activity occurring on or near the premises;

               (vii) child-staff ratios and supervision policies;

               (viii) emergency preparedness and response plans; and

               (ix) documented injuries, accidents, or substantiated abuse or neglect incidents.

       (3) The department shall promulgate regulations establishing:

           (a) the weighting of each criterion used in the grade calculation;

           (b) procedures for calculating composite scores;

           (c) frequency of reinspection and regrading, which must be no less than annually; and

           (d) procedures for appeal and correction by the childcare operator.

       (4) The department may coordinate with the Department of Public Health, the Department of Public Safety, and other state agencies to obtain relevant data for evaluation.

    (C)(1) Every licensed childcare facility shall post its current grade in a prominent place next to its license or registration using a standardized placard provided by the department.

       (2) The placard must:

           (a) display the childcare facility's current letter grade;

           (b) include the most recent date of inspection; and

           (c) contain a QR code or website address linking to the department's online portal where parents can review the full inspection history and explanation of grading criteria.

       (3) It is unlawful for any person or childcare facility to alter, obscure, or remove the official department grade placard without authorization.

    (D)(1) The department shall maintain and update a publicly accessible online database listing each licensed childcare facility's:

           (a) current grade and inspection date;

           (b) violation history for the past three years;

           (c) corrective actions taken; and

           (d) contact information and capacity of the childcare facility.

       (2) The online database maintained pursuant to this subsection must be searchable by county, zip code, and childcare facility name.

    (E)(1) A childcare facility receiving a grade below a "B" may request a reinspection after submitting proof of corrective action.

       (2) The department must conduct the reinspection within sixty days of receiving a request pursuant to item (1).

       (3) The department shall establish administrative appeal procedures for childcare facilities contesting their grade.

    (F)(1) A childcare facility that fails to display its assigned grade in accordance with subsection (C) may be subject to:

           (a) a civil fine of up to five hundred dollars for each day of noncompliance; or

           (b) suspension or revocation of its license for repeated violations.

       (2) The department may impose additional penalties for falsifying, tampering with, or misrepresenting any grade.

    (G) The department shall promulgate regulations to carry out the provisions of this section within twelve months of enactment including, but not limited to:

       (1) grading methodology;

       (2) public signage standards;

       (3) data-sharing protocols between state agencies; and

       (4) procedures for parental complaints or reporting violations.

 

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

----XX----