Senate Amendment F&V
S 602 - Session 125 (2023-2024)
DDSN

The Committee on Family and Veterans' Services proposes the following amendment (SR-602.JG0002S):

Amend the bill, as and if amended, SECTION 1, by striking Section 1-30-35(B) and inserting:

(B) The Department of Disabilities and Special Needs is headed by a director who is appointed by and serves at the pleasure of the Governor.

Amend the bill further, SECTION 2, by striking Section 43-20-20(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (18) and inserting:

(2) "Autism spectrum disorder" means the disorder defined as such in the most current edition of the American Psychiatric Association's Diagnostic and Statistical Manual or Mental Disorders.

(3) "Client" is a person who is determined by the Department of Disabilities and Special Needs to have intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury and is receiving services or is an infant at risk of having a developmental disability and is receiving services.

(4) "County disabilities and special needs boards" means the local public body administering, planning, coordinating, or providing services within a county or combination of counties for persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries and recognized by the department.

(5) "Day programs" are programs provided to persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries outside of their residences affording development, training, employment, or recreational opportunities as prescribed by the Department of Disabilities and Special Needs.

(6) "Department" means the South Carolina Department of Disabilities and Special Needs.

(7) "Director" means the administrative head of Department of Disabilities and Special Needs.

(8) "Disabilities and special needs services" are activities designed to achieve the results specified in an individual client's plan.

(9) "High risk infant" means a child less than thirty-six months of age whose genetic, medical, or environmental history is predictive of a substantially greater risk for a developmental disability than that for the general population.

(10) "Least restrictive environment" means the surrounding circumstances that provide as little intrusion and disruption from the normal pattern of living as possible.

(11) "Improvements" means the construction, reconstruction of buildings, and other permanent improvements for regional centers and other programs provided by the department directly or through contract with county boards of disabilities and special needs, including equipment and the cost of acquiring and improving lands for equipment.

(12) "Intellectual disability" means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.

(13) "Obligations" means the obligations in the form of notes or bonds or contractual agreements issued or entered into by the department pursuant to the authorization of this chapter and of Act 1377 of 1968 to provide funds with which to repay the proceeds of capital improvement bonds allocated by the State Fiscal Accountability Authority.

(14) "Regional residential center" is a twenty-four-hour residential facility serving a multicounty area and designated by the department.

(15) "Related disability" is a severe, chronic condition found to be closely related to intellectual disability or to require treatment similar to that required for persons with intellectual disability and must meet the following conditions:

(a) It is attributable to cerebral palsy, epilepsy, autism, or any other condition other than mental illness found to be closely related to intellectual disability because this condition results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with intellectual disability and requires treatment or services similar to those required for these persons.

(b) It is manifested before twenty-two years of age.

(c) It is likely to continue indefinitely.

(d) It results in substantial functional limitations in three or more of the following areas of major life activity: self-care, understanding and use of language, learning, mobility, self-direction, and capacity for independent living.

(16) "Residential programs" are services providing dwelling places to clients for an extended period of time with assistance for activities of daily living ranging from constant to intermittent supervision as required by the individual client's needs.

(17) "Revenues" or "its revenues" means revenue derived from paying clients at regional residential centers and community residences but does not include Medicaid, Medicare, or other federal funds received with the stipulation that they be used to provide services to clients.

(18) "State capital improvement bonds" means bonds issued pursuant to Act 1377 of 1968.

(19) "Department of Administration" shall mean the State Department of Administration as constituted pursuant to Chapter 11, Title 1.

Amend the bill further, SECTION 2, by striking Section 43-20-30 and inserting:

Section 43-20-30.(A)The department is a member of the Governor's executive cabinet. The department's administrative head is a director who is to be appointed by the Governor with the advice and consent of the Sente. The director is subject to removal from office by the Governor pursuant to Section 1-3-240(B).

(B) To qualify for appointment, the director must have an advanced degree; experience with the disabilities and special needs population, including working with parents, consumers, and advocacy groups; and experience in senior leadership or leading a large agency.

Amend the bill further, SECTION 2, by striking Section 43-20-40(B) and inserting:

(B) The director, and his designees, shall educate the public and state and local officials as to the need for the funding, development, and coordination of services for persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries and shall promote the best interest of persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries.

Amend the bill further, SECTION 2, by striking Sections 43-20-50 and 43-20-60 and inserting:

Section 43-20-50.The department is authorized to promulgate regulations to carry out the provisions of this chapter and other laws related to intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries. In promulgating these regulations, the department must consult with the advisory committee of the division for which the regulations shall apply, if the director has established an advisory committee for the division in question.

Section 43-20-60.The department shall coordinate services and programs with other state and local agencies for persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries. The department may negotiate and contract with local agencies, county boards of disabilities and special needs, private organizations, and foundations in order to implement the planning and development of a full range of services and programs for persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries subject to law and the availability of fiscal resources. The department has the same right to be reimbursed for expenses in providing disabilities and special needs services through a contractual arrangement as it has to be reimbursed for expenses provided through direct departmental services. The department shall develop service standards for programs of the department and for programs for which the department may contract and shall review and evaluate these programs on a periodic basis.

Amend the bill further, SECTION 2, by striking Sections 43-20-80, 43-20-90, and 43-20-100 and inserting:

Section 43-20-80.The department, with funds available for these purposes, may conduct research to determine the causes, proper treatment, and diagnosis of intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries and may use facilities and personnel under its control and management for carrying out the research so long as the rights of the client are preserved and prior consent is obtained pursuant to Section 44-26-180.

Section 43-20-90.The department is designated as the state's intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries authority for the purpose of administering federal funds allocated to South Carolina for intellectual disability programs, related disability programs, head injury programs, and spinal cord injury programs. This authority does not include the functions and responsibilities granted to the South Carolina Department of Health and Environmental Control or to the South Carolina Department of Vocational Rehabilitation or the administration of the "State Hospital Construction and Franchising Act".

Section 43-20-100.The department may negotiate and contract with an agency of the United States or a state or private agency to obtain grants to assist in the expansion and improvement of services to persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries and may expend the grants under the terms and conditions of the award.

Amend the bill further, SECTION 2, by striking Section 43-20-140 and inserting:

Section 43-20-140. The department or any of its programs may accept gifts, bequests, devises, grants, and donations of money, real property, and personal property for use in expanding and improving services to persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries available to the people of this State. However, nothing may be accepted by the department with the understanding that it diminishes an obligation for paying care and maintenance charges or other monies due the department for services rendered. The director may formulate policies and promulgate regulations governing the disposition of gifts, bequests, devises, grants, and donations. If they are given to a specific service program of the department, then they must remain and be used for that program only or to its successor program.

Amend the bill further, SECTION 2, by striking Section 43-20-170(A) and inserting:

(A) Reasonable reimbursement to the State for its fiscal outlay on behalf of services rendered by the department or any other agency authorized by the department to offer services to clients is a just obligation of the person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury, his estate, or his parent or guardian under the conditions and terms provided in this section.

Amend the bill further, SECTION 2, by striking Section 43-20-210(A)(6) and inserting:

(6) take other action not inconsistent with the law to promote a high quality of services to persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries and their families.

Amend the bill further, SECTION 2, by striking Section 43-20-220 and inserting:

Section 43-20-220. (A) County boards of disabilities and special needs operating within a county or within a combination of counties by ordinance of the governing bodies of the counties concerned shall continue to operate as provided in the ordinances establishing the county boards.

(B) The department shall recognize only county boards of disabilities and special needs that plan, administer, or provide services to persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries within a county or combination of counties which are created or established pursuant to this section, including those whose members are appointed by the Governor. A county board of disabilities and special needs created by ordinance before January 1, 1991, is considered created pursuant to this section, provided the ordinance includes and complies with the provisions of subsection (A).

(C) A county board of disabilities and special needs is a public entity.

(D) In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.

(E) In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.

Amend the bill further, SECTION 2, by striking Sections 43-20-230 and 43-20-240 and inserting:

Section 43-20-230.A county board of disabilities and special needs must consist of not less than five members. If the board is created within a combination of counties, the number of members representing each county must be proportional to the county's population in relation to the total population of the counties served by the board. However, a county participating in a multicounty board must not have less than two members. The term of the members is four years and until their successors are appointed and qualify. Vacancies for unexpired terms must be filled in the same manner as the original appointments. A member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard.

Section 43-20-240. (A) County disabilities and special needs boards are encouraged to utilize lawful sources of funding to further the development of appropriate community services to meet the needs of persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries and their families.

(B) County boards may apply to the department for funds for community services development under the terms and conditions as may be prescribed by the department. The department shall review the applications and, subject to state appropriations to the department or to other funds under the department's control, may fund the programs it considers in the best interest of service delivery to the citizens of the State with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries.

(C) Subject to the approval of the department, county boards may seek state or federal funds administered by state agencies other than the department, funds from local governments or from private sources, or funds available from agencies of the federal government. The county boards may not apply directly to the General Assembly for funding or receive funds directly from the General Assembly.

Amend the bill further, SECTION 2, by striking Section 43-20-250(A) and (B) and inserting:

(A) Subject to the provisions of this chapter and the regulations of the department each county disabilities and special needs board:

(1) is the administrative, planning, coordinating, and service delivery body for county disabilities and special needs services funded in whole or in part by state appropriations to the department or funded from other sources under the department's control. It is a body corporate in deed and in law with all the powers incident to corporation including the power to incur debt insofar as that debt is payable from contract, grant, or other revenues and is not the debt of the State or its other political subdivisions. A county board may purchase and hold real and mortgage property and erect and maintain buildings. The department shall approve all debt of a county board to be paid in whole or in part from contract, grant, or other revenues provided by the State. However, the department has no responsibility for the debt so approved;

(2) shall submit an annual plan and projected budget to the department for approval and consideration of funding;

(3) shall review and evaluate on at least an annual basis the county disabilities and special needs services provided pursuant to this chapter and report its findings and recommendations to the department;

(4) shall promote and accept local financial support for the county program from private and other lawful sources and promote public support from municipal and county sources;

(5) shall employ personnel and expend its budget for the direct delivery of services or contract with those service vendors necessary to carry out the county intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries services program who meet specifications prescribed by the department;

(6) shall plan, arrange, implement, and monitor working agreements with other human service agencies, public and private, and with other educational and judicial agencies;

(7) shall provide the department records, reports, and access to its sponsored services and facilities the department may require and submit its sponsored services and facilities to licensing requirements of the department or to the licensing requirements of other state or local agencies having this legal authority;

(8) shall represent the best interest of persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries to the public, public officials, and other public or private organizations.

Amend the bill further, SECTION 2, by striking Sections 43-20-260, 43-20-270, 43-20-280, 43-20-290, 43-20-300, 43-20-310, 43-20-320, 43-20-330, 43-20-340, 43-20-350, 43-20-360, 43-20-370, 43-20-380, and 43-20-390 and inserting:

Section 43-20-260. (A) In order to provide assistance to families and individuals the department shall provide an initial intake and assessment service to a person believed to be in need of services and who makes application for them. An assessment must be provided through diagnostic centers approved by the department. If upon completion of the assessment, the applicant is determined to have intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury and be in need of services, he may become a client of the department and eligible for services. A service plan must be designated for each person assessed. A person determined to have intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury and who chooses to become a client of the department, must be provided with the delivery or coordination of services by the department. A person determined not to have intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury may be provided by the department with referral and assistance in obtaining appropriate services or further evaluation.

(B) Service plans must recommend the services to assist the individual in developing to the fullest potential in the least restrictive environment available. The department shall determine the "least restrictive environment" and may contract with individuals or organizations for a reasonable sum as determined by the department to provide the services. The department shall review service plans of its clients at least periodically according to standards prescribing the frequency to ensure that appropriate services are being provided in the least restrictive environment available. The parents, the legal guardian, the client, and other appropriate parties must be included in the review. The department shall develop standards prescribing the service plan review.

(C) No individual believed to have intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury may be admitted to the services of the department until he has been examined at a diagnostic center of the department or a diagnostic center approved by the department and certified by the department on the basis of acceptable data to have intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury or unless he is an infant at risk of a developmental disability and in need of the department's services.

(D) The applicant shall meet residency requirements in at least one of the following categories:

(1) The applicant or his spouse, parent, with or without legal custody, or legal guardian is domiciled in South Carolina.

(2) The applicant or his spouse, parent, with or without legal custody, or legal guardian lives outside South Carolina but retains legal residency in this State and demonstrates to the department's satisfaction his intent to return to South Carolina.

(3) The applicant or his spouse or parent, with or without legal custody, or legal guardian is a legal resident of a state which is an active member of the Interstate Compact on Mental Health and qualifies for services under it.

Section 43-20-270.Upon the written request of the person, the person's parents, parent with legal custody, or lawful custodian or legal guardian and subject to the availability of suitable accommodations and services, a person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury may be admitted to the services of the department for evaluation and diagnosis and shall remain in the residential services of the department for that period required to complete the diagnostic study. However, this period may not exceed thirty days except upon approval of the director or his designee. Individuals admitted under the provisions of this section are subject to the same regulations and departmental policies as regular admissions. The department may prescribe the form of the written application for diagnostic services.

Section 43-20-280.A person who is determined to be eligible for services is subject to the following considerations regarding his order of admission to services and programs:

(1) relative need of the person for special training, supervision, treatment, or care; and

(2) availability of services suitable to the needs of the applicant.

Section 43-20-290.The director or his designee may designate the service or program in which a client is placed. The appropriate services and programs must be determined by the evaluation and assessment of the needs, interests, and goals of the client.

Section 43-20-300.The director or his designee has the final authority over applicant eligibility, determination, or services and admission order, subject to policies adopted by the director.

Section 43-20-310.Subject to the availability of suitable services and programs and subject to the provisions of "Requirement for Admission to Services", "Order in which Person May be Admitted", and "Final Authority over Eligibility", the director or his designee may admit a client to the services of the department upon the written request of the parents of the person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury, a parent with legal custody, spouse, lawful custodian or legal guardian, or the person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury seeking to be admitted to the department's services if the person is twenty one years of age or over and competent to make the decision. The department shall prescribe the form of the application for services.

Amend the bill further, SECTION 2, by striking Section 43-20-400(B), (C), (D), (E), (F), (G), and (H) and inserting:

(B) Upon filing of the petition, the judge shall set a date for a hearing on it and ensure that the client has an attorney who represents him. The parents, parent with legal custody, spouse, guardian, or nearest known relative of the person alleged to have intellectual disability or a related disability and in whose behalf the petition has been made and in the discretion of the court, the individual alleged to have intellectual disability or a related disability and the department must be served by the court with a written notice of the time and place of the hearing, together with a written statement of the matters stated in the petition. If no parent, spouse, legal guardian, or known relative of the person alleged to have intellectual disability, a related disability, or autism spectrum disorder is found, the court shall appoint a guardian ad litem to represent the person alleged to have intellectual disability, a related disability, or autism spectrum disorder and the notice must be served upon the guardian. If the parent, spouse, guardian, or known relative of the person alleged to have intellectual disability or a related disability is found, he must be notified of the right to an attorney at the hearing.

(C) The hearing on the petition may be in the courthouse or at the place of residence of the person alleged to have intellectual disability or a related disability or at another place considered appropriate by the court. The person alleged to have intellectual disability, a related disability, or autism spectrum disorder does not need to be present if the court determines that the hearing would be injurious or detrimental to the person alleged to have intellectual disability or a related disability or if the person's mental or physical condition prevents his participation in the hearing. However, his attorney must be present.

(D) A report of the person in charge of the examination of the person alleged to have intellectual disability, a related disability, or autism spectrum disorder at the diagnostic center referred to in "Requirement for Admission" must be submitted to the court at the hearing. The court may not render judgment in the hearing unless this report is available and introduced.

(E) If the court determines that the evidence presented by the examiners at the diagnostic center, along with other evidence presented to the court, is to the effect that the person does not in fact have intellectual disability, a related disability, or autism spectrum disorder to an extent which would require commitment, it shall terminate the proceeding and dismiss the petition.

(F) If the person is found by the court to have intellectual disability, a related disability, or autism spectrum disorder and be in need of placement in a facility or service program of the department, the court shall order that he be admitted to the jurisdiction of the department as soon as necessary services are available and include in the order a summary of the evidence presented and order of the court.

(G) The department shall inform the court as soon after the date of the order as practical that suitable accommodations and services are available to meet the needs of the person with intellectual disability, a related disability, or autism spectrum disorder. Upon notification, the court shall direct the petitioner in these proceedings to transport the person with intellectual disability, a related disability, or autism spectrum disorder to a program the department designates.

(H) A party to these proceedings may appeal from the order of the court to the court of common pleas, and a trial de novo with a jury must be held in the same manner as in civil actions unless the petitioner through his attorney waives his right to a jury trial. Pending a final determination of the appeal, the person with intellectual disability, a related disability, or autism spectrum disorder must be placed in protective custody in either a facility of the department or in some other suitable place designated by the court. No person with intellectual disability, a related disability, or autism spectrum disorder must be confined in jail unless there is a criminal charge pending against him.

Amend the bill further, SECTION 2, by striking Section 43-20-410(A) and (B) and inserting:

(A) A person admitted or committed to the services of the department remains a client and is eligible for services until discharged. When the department determines that a client admitted to services is no longer in need of them, the director or his designee may discharge him. When the only basis of the department's provision of services to a client is that he is a person with intellectual disability, a related disability, or autism spectrum disorder and it is determined that he is no longer in that condition, the director or his designee shall discharge him as soon as practical. A client of the department who is receiving residential services may be released to his spouse, parent, guardian, or relative or another suitable person for a time and under conditions the director or his designee may prescribe.

(B) When a client voluntarily admitted requests discharge or the person upon whose application the client was admitted to the department's services requests discharge in writing, the client may be detained by the department for no more than ninety-six hours. However, if the condition of the person is considered by the director or his designee to be such that he cannot be discharged with safety to himself or with safety to the general public, the director or his designee may postpone the requested discharge for not more than fifteen days and cause to be filed an application for judicial admission. For the purpose of this section, the Probate Court or Family Court of the county in which the facility where the person with intellectual disability, a related disability, or autism spectrum disorder resides is located is the venue for judicial admission. Pending a final determination on the application, the court shall order the person with intellectual disability, a related disability, or autism spectrum disorder placed in protective custody in either a facility of the department or in some other suitable place designated by the court.

Amend the bill further, SECTION 2, by striking Section 43-20-420(A), (B), (C), and (D) and inserting:

(A) The department may return a nonresident person with intellectual disability, a related disability, or autism spectrum disorder admitted to a service or program in this State to the proper agency of the state of his residence.

(B) The department is authorized to enter into reciprocal agreements with the proper agencies of other states to facilitate the return to the state of their residence persons admitted or committed to services for persons with intellectual disability, a related disability, or autism spectrum disorder in this State or other states.

(C) The department may detain a person with intellectual disability, a related disability , or autism spectrum disorder returned to this State from the state of his commitment for not more than ninety-six hours pending order of the court in commitment proceedings in this State.

(D) The expense of returning persons with intellectual disability or a related disability to other states must be paid by this State, and the expense of returning residents of this State with intellectual disability, a related disability, or autism spectrum disorder must be paid by the state making the return when interstate agreements to that effect have been negotiated.

Amend the bill further, SECTION 2, by striking Section 43-20-440(A) and inserting:

(A) When the department determines that a client may benefit from being placed in an employment situation, the department shall regulate the terms and conditions of employment, shall supervise persons with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury so employed, and may assist the client in the management of monies earned through employment to the end that the best interests of the client are served.

Amend the bill further, SECTION 2, by striking Section 43-20-460 and inserting:

Section 43-20-460.Placement of a person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury in a program of the department does not preclude his attendance in community based public school classes when the individual qualifies for the classes.

Amend the bill further, SECTION 3, by striking Section 43-20-470 and inserting:

Section 43-20-470.No day program in part or in full for the care, training, or treatment of a person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury may deliver services unless a license first is obtained from the department. For the purpose of this article, "in part" means a program operating for ten hours a week or more. Educational and training services offered under the sponsorship and direction of school districts and other state agencies are not required to be licensed under this article.

Amend the bill further, SECTION 3, by striking Section 43-20-500 and inserting:

Section 43-20-500.No day program may accept a person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury for services other than those for which it is licensed. No program may serve more than the number of clients as provided on the license. An applicant for a license shall file an application with the department in a form and under conditions the department may prescribe. The license must be issued for up to three years unless sooner suspended, revoked, or surrendered. The license is not transferable and must not be assigned.

Amend the bill further, SECTION 3, by striking Section 43-20-540(B) and inserting:

(B) If an existing program has conditions or practices which, in the department's judgment, provide an immediate threat to the safety and welfare of the person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury served, the department may immediately suspend or revoke the license of the program. Notification of the program board or operator by certified mail of the license suspension or revocation also must include the reasons or conditions. A person operating a program which has had its license suspended or revoked must be punished as provided in "Injunctions; Penalties".

Amend the bill further, SECTION 3, by striking Section 43-20-570(A) and inserting:

(A) The department, in accordance with the laws of the State governing injunctions and other processes, may maintain an action in the name of the State against a person for establishing, conducting, managing, or operating a day program for the care, training, and treatment of a person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury without obtaining a license as provided in this article. In charging a defendant in a complaint in the action, it is sufficient to charge that the defendant, upon a certain day and in a certain county, provided day program services without a license, without averring more particular facts concerning the charge.

Amend the bill further, by striking SECTION 6 and inserting:

SECTION 6.This act takes effect upon approval by the Governor