A joint Resolution

 

TO CREATE A STUDY COMMITTEE TO EXAMINE THE STATE OF PUBLIC INSTITUTIONS AND SYSTEMS THAT SERVE AT-RISK SOUTH CAROLINIANS, TO DETERMINE NEEDED REFORMS TO ENSURE THAT THESE ENTITIES SAFEGUARD AND PROTECT THE HUMAN RIGHTS OF INDIVIDUALS IN THEIR CARE OR CUSTODY, AND FOR OTHER PURPOSES; TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP; AND TO REQUIRE THE STUDY COMMITTEE TO PREPARE AND SUBMIT A REPORT AFTER WHICH THE STUDY COMMITTEE IS DISSOLVED.

 

Whereas, human rights are the fundamental freedoms and protections that belong to every person simply by virtue of being human; and

 

Whereas, human rights are inherent. They are not granted by any government or authority, and they are inalienable, meaning they cannot be taken away; and

 

Whereas, it is the responsibility of the General Assembly to ensure that all vulnerable South Carolinians in the care or custody of state institutions and systems are provided for, protected from harm, and treated with dignity and respect within these establishments. Now, therefore,

 

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

 

SECTION 1. (A) There is created a study committee to examine the state of the public services and systems identified in items (1) through (6) and to recommend needed reforms to guarantee and protect the human rights of individuals in their care or custody, to include an examination of at a minimum:

        (1) for the foster care system and services:

            (a) strategies for expanding foster parent recruitment and improving comprehensive training for foster parents;

           (b) ways to strengthen family reunification services and oversight to reduce unnecessary placement changes; and

           (c) strategies for expanding and creating programs targeting youth aging out of foster care to help with transition to adulthood including, but not limited to, housing assistance, job placement support, and life-skills coaching programs;

       (2) for disability services:

           (a) how to ensure full compliance with accessibility laws and standards for schools, public buildings, and public transportation;

           (b) strategies to increase funding for inclusive education and vocational training programs; and

           (c) ways in which to expand employment supports, such as on-the-job coaching and tax incentives for businesses that hire individuals with disabilities;

       (3) for services to victims of gender-based violence:

           (a) how to establish evidence-based treatment programs that address trauma, mental health, and substance use;

           (b) strategies for creating and supporting a statewide network of emergency shelters and legal advocates for victims; and

           (c) ways to promote the development of job placement and career-development services to help survivors regain economic independence;

       (4) for prison systems and services:

           (a) how to reduce recidivism through mandatory mental health and substance use disorder treatment while incarcerated;

           (b) ways to strengthen reentry services, including housing assistance, vocational training, and counseling; and

           (c) strategies for reforming sentencing guidelines for nonviolent offenses and expanding restorative justice practices;

        (5) for institutional services:

           (a) strategies for increasing staffing ratios and enforcing patient-centered care standards in hospitals funded by the Department of Behavioral Health and Developmental Disabilities, including facilities operated by any of the department's component offices;

           (b) implementation of regular, independent quality assurance reviews and transparent reporting in hospitals funded by the Department of Behavioral Health and Developmental Disabilities, including facilities operated by any of the department's component offices;

           (c) implementation of mandatory comprehensive vulnerable adult abuse, neglect, and exploitation prevention training for staff of long-term care facilities;

           (d) how to standardize long-term care facility resident-to-staff ratios and hygiene protocols;

           (e) strategies for implementing juvenile detention center oversight to ensure age-appropriate rehabilitation services; and

           (f) how to standardize data collection practices to track incidents, staff shortages, and facility conditions; and

       (6) for adult protection services:

           (a) how to expand in-home care subsidies and transportation assistance for vulnerable adults;

           (b) strategies for operating community wellness centers across the State that offer preventive health screenings and social programs; and

           (c) ways in which to protect against financial exploitation through enhanced legal aid and mandatory reporting by financial institutions.

    (B) The study committee shall provide a report that:

       (1) addresses the areas of examination identified in subsection (A) with recommendations, including any barriers to achieving the recommendations; and

       (2) as part of the recommendations, identifies specific legislative or policy changes needed.

    (C)(1) The study committee is composed of fourteen members, consisting of:

           (a) the Director of the Department of Social Services, or the director's designee;

           (b) the Director of the Department of Children's Advocacy, or the director's designee;

           (c) the Director of the Department of Behavioral Health and Developmental Disabilities, or the director's designee;

           (d) the Commissioner of the South Carolina Vocational Rehabilitation Department, or the commissioner's designee;

           (e) the Superintendent of the Department of Education, or the superintendent's designee;

           (f) an attorney employed in the Crime Victim Services Division of the Office of the Attorney General, designated by the Attorney General;

           (g) the Executive Director of the South Carolina Victim Assistance Network, or a staff member designated by the executive director;

           (h) the Director of the Department of Corrections, or the director's designee;

           (i) the Director of the Department of Probation, Parole and Pardon Services, or the director's designee;

           (j) the Director of the Department of Public Health, or the director's designee;

           (k) the Ombudsman of the Long-Term Care Ombudsman Program, or the ombudsman's designee;

           (l) the Director of the Department of Juvenile Justice, or the director's designee;

           (m) the Director of the Adult Protective Services Program, or the program director's designee; and

           (n) the Director of the Department on Aging, or the director's designee.

       (2) The study committee shall create subcommittees to assist with the work of the study committee, which must include the following members:

           (a) to study the foster care system and services, a subcommittee co-chaired by the study committee members designated pursuant to item (1)(a) and (b) and consisting of, at a minimum:

               (i) two foster care case supervisors, one representing an urban county and one representing a rural county, designated by the Director of the Department of Social Services;

               (ii) the State Director of the Division of Guardian ad Litem of the Department of Children's Advocacy, or the department director's designee;

               (iii) a member of the State Board of Directors of the Division of Foster Care Review, designated by the Director of the Department of Children's Advocacy;

               (iv) the Director of the Chafee Foster Care Program's Division of Transition Services and Support, or a designee of the Director of the Department of Social Services;

               (v) two Family Preservation program staff, one representing an urban county and one representing a rural county, designated by the Director of the Department of Social Services; and

               (vi) two Kinship Care program staff, one representing an urban county and one representing a rural county, designated by the Director of the Department of Social Services;

           (b) to study disability services, a subcommittee co-chaired by the study committee members designated pursuant to item (1)(c) and (d) and consisting of, at a minimum:

               (i) the committee member designated pursuant to item (1)(e);

               (ii) the Office Director of the Office of Intellectual and Developmental Disabilities, or the office director's designee;

               (iii) the Chief Executive Officer of Disability Rights South Carolina or a comparable disability rights organization, designated by the Governor;

               (iv) an attorney representing the Office of the Attorney General with experience in the prosecution of disability rights litigation, designated by the Attorney General;

               (v) the Director of the Department of Transportation, or the director's designee; and

               (vi) the Executive Director of the Office of Regulatory Staff, or the executive director's designee;

           (c) to study gender-based crime victim services, a subcommittee co-chaired by the study committee members designated pursuant to item (1)(f) and (g) and consisting of, at a minimum:

               (i) a member of the South Carolina Sheriffs' Association (SCSA), designated by the Governor upon the recommendation of the President of the SCSA;

               (ii) a county solicitor, designated by the Chief Justice of the South Carolina Supreme Court;

               (iii) the Chief Executive Officer of Sistercare or a comparable organization serving victims of domestic violence, designated by the Governor;

               (iv) the Chief Executive Officer of Pathways to Healing or a comparable organization serving victims of sexual assault, designated by the Governor;

               (v) the Office Director of the Office of Mental Health, or the office director's designee;

               (vi) the Office Director of the Office of Substance Use Services, or the office director's designee; and

               (vii) the Director of the Department of Employment and Workforce, or the director's designee;

           (d) to study the prison system and services, a subcommittee co-chaired by the study committee members designated pursuant to item (1)(h) and (i) and consisting of, at a minimum:

               (i) the Office Director of the Office of Mental Health, or the office director's designee;

               (ii) the Office Director of the Office of Substance Use Services, or the office director's designee;

               (iii) the Executive Director of the State Housing Finance and Development Authority, or the executive director's designee;

               (iv) a member of the Department of Corrections' Office of Programs, Reentry, and Rehabilitative Services staff, designated by the Director of the Department of Corrections;

               (v) a member of the Department of Probation, Parole and Pardon Services' rehabilitative services staff, designated by the Director of the Department of Probation, Parole and Pardon Services;

               (vi) a member of the Department of Employment and Workforce's Work Opportunity Tax Credit and Federal Bonding Program staff, designated by the Director of the Department of Employment and Workforce;

               (vii) a public defender, designated by the Chief Justice of the South Carolina Supreme Court; and

               (viii) a county solicitor, designated by the Chief Justice of the South Carolina Supreme Court;

           (e) to study institutional services, a subcommittee co-chaired by the study committee members designated pursuant to item (1)(j) and (k) and consisting of, at a minimum:

               (i) the committee members designated pursuant to item (1)(c), (l), and (m);

               (ii) the Office Director of the Office of Mental Health, or the office director's designee;

               (iii) the Office Director of the Office of Substance Use Services, or the office director's designee;

               (iv) the Office Director of the Office of Intellectual and Developmental Disabilities, or the office director's designee; and

               (v) the Chair of the Board of Long-Term Care Administrators, or a member of the board designated by the chair; and

           (f) to study adult protective services, a subcommittee co-chaired by the study committee members designated pursuant to item (1)(m) and (n) and consisting of, at a minimum:

               (i) a member of the Department on Aging's Senior Centers and Permanent Improvement Grant program staff, designated by the Director of the Department of Aging;

               (ii) the Director of the South Carolina Vulnerable Adult Guardian ad Litem Program, or a program representative designated by the Director of the Department on Aging;

               (iii) an attorney with experience representing vulnerable adults, designated by the Chief Justice of the South Carolina Supreme Court;

               (iv) the Chief Executive Officer of Senior Resources or a comparable organization providing coordinated services to enable vulnerable adults to remain safely in their homes, designated by the Governor;

               (v) the Executive Director of the State Housing Finance and Development Authority, or the executive director's designee; and

               (vi) the President and Chief Executive Officer of the South Carolina Bankers Association or a staff member with experience in the prevention of vulnerable adult financial exploitation, designated by the Governor.

       (3) The study committee shall elect a chair and vice chair from among its membership.

       (4) A vacancy in the membership of the study committee or any of the subcommittees must be filled in the manner of the original appointment.

       (5) Members of the study committee and the subcommittees shall serve without per diem, mileage, or other compensation generally provided to members of boards and commissions.

    (D) The Senate and House Judiciary committees shall provide appropriate staffing for the study committee.

    (E) The study committee shall provide an initial progress report of the study committee's work to the General Assembly by January 1, 2027. The study committee shall provide a final report with the findings and recommendations to the General Assembly by January 1, 2028. The study committee, including the subcommittees, shall dissolve upon providing the final report to the General Assembly.

 

SECTION 2.  This joint resolution takes effect upon approval by the Governor.

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