South Carolina General Assembly
108th Session, 1989-1990

Bill 3414

                    Current Status

Bill Number:               3414
Ratification Number:       150
Act Number                 95
Introducing Body:          House
Subject:                   Continuum of care for emotionally
                           disturbed children
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A95, R150, H3414)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 TO CHAPTER 7, TITLE 20, SO AS TO PROVIDE FOR THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN BY SETTING FORTH ITS PURPOSES AND PROVIDING FOR BOARD MEMBERS, MEETINGS, AN ADVISORY COUNCIL, THE CHILDREN TO BE SERVED, DUTIES AND FUNCTIONS, DIRECTOR AND STAFF EMPLOYMENT, REPORTS TO THE GOVERNOR AND GENERAL ASSEMBLY, AND ADMINISTRATIVE SUPPORT; TO REPEAL CHAPTER 83, TITLE 44, RELATING TO THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN; AND TO PROVIDE FOR THE INITIAL TERMS OF THE COMMISSION AND ADVISORY COUNCIL AND INITIAL APPOINTMENT OF A PARENT OF A CHILD CURRENTLY RECEIVING SERVICES FROM THE CURRICULUM.

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

Continuum of care for emotionally disturbed children

SECTION 1. Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Article 23

Continuum of Care for Emotionally

Disturbed Children

Section 20-7-5610. It is the purpose of this article to develop and enhance the delivery of services to severely emotionally disturbed children and youth and to ensure that the special needs of this population are met appropriately to the extent possible within this State. To achieve this objective, the South Carolina Continuum of Care for Emotionally Disturbed Children is established. This article supplements and does not supplant existing services provided to this population.

Section 20-7-5620. (A) The South Carolina Continuum of Care for Emotionally Disturbed Children Board is created to serve as the governing board for the Continuum of Care. The board consists of five members knowledgeable in services to emotionally disturbed children. One member must be appointed by the Governor from each Continuum of Care region, as determined by the Continuum of Care, upon the recommendation of the chairmen of the Joint Committee on Mental Health and Mental Retardation and the Joint Legislative Committee on Children, with the advice and consent of the Senate.

(B) The term of office for the board members is four years and until their successors are appointed and qualify. The terms expire on June thirtieth of the appropriate year. A vacancy must be filled by the Governor for the remainder of the unexpired term, with the advice and consent of the Senate.

(C) The board shall elect from its members a chairman for a term of two years. Three members constitute a quorum for the transaction of business. The board shall meet at least six times annually and more frequently upon the call of the chairman to review and coordinate its activities. Members shall receive per diem, subsistence, and mileage as provided by law for members of state boards, commissions, and committees while engaged in the work of the board.

(D) The board shall promulgate regulations in accordance with this article and the provisions of the Administrative Procedures Act and formulate necessary policies and procedures of administration and operation to carry out effectively the objectives of this article.

Section 20-7-5630. (A) The board must be supported by an advisory council knowledgeable in services to emotionally disturbed children and includes:

(1) the chairman of the Joint Legislative Committee on Children or his designee;

(2) the chairman of the Joint Committee on Mental Health and Mental Retardation or his designee;

(3) one representative from each of the following agencies:

(a) State Health and Human Services Finance Commission;

(b) State Department of Mental Health;

(c) State Mental Retardation Department;

(d) South Carolina Department of Youth Services;

(e) State Department of Education;

(f) South Carolina School for the Deaf and Blind;

(g) John De La Howe School;

(h) Wil Lou Gray Opportunity School;

(i) State Agency of Vocational Rehabilitation;

(j) South Carolina Board of Directors for Review of Foster Care of Children;

(k) South Carolina Department of Health and Environmental Control;

(l) State Department of Social Services.

(4) a representative appointed by the Governor from a:

(a) child advocacy group;

(b) licensed, practicing child psychiatrist;

(c) credentialed, practicing child psychologist;

(d) parent of a child currently receiving services from the Continuum of Care;

(e) designee of the Governor;

(f) private provider of services for severely emotionally disturbed children.

(B) The term of office for members appointed by the Governor in item (4) of subsection (A) is four years and until their successors are appointed and qualify. The appointments must be made with the advice and consent of the Senate. The terms expire on June thirtieth of the appropriate year. A vacancy must be filled by the Governor for the remainder of the unexpired term, with the advice and consent of the Senate.

(C) The advisory council shall elect from its members a chairman for a term of two years. The advisory council shall meet at least quarterly or more frequently upon the call of the chairman. The board shall meet at least quarterly with the advisory council. Members of the advisory council not employed by the State or its political subdivisions shall receive per diem, subsistence, and mileage as provided by law for members of state boards, commissions, and committees while engaged in the work of the council.

Section 20-7-5640. (A)(1) The Continuum of Care serves children:

(a) who have been diagnosed as severely emotionally disturbed;

(b) who have exhausted existing available treatment resources or services;

(c) whose severity of emotional, mental, or behavioral disturbance requires a comprehensive and organized system of care.

(2) Priority in the selection of clients must be based on criteria to be established by the Continuum of Care.

(B) Before a court refers a child to the Continuum of Care, it must be given the opportunity to evaluate the child and make a recommendation to the court regarding:

(1) the child's suitability for placement with the Continuum of Care pursuant to the provisions of this article, related regulations, and policies and procedures of administration and operation;

(2) the agencies which offer services most appropriate to meet the child's needs and the proportionate share of the costs among the agencies to meet those needs;

(3) the necessity of obtaining other services for the child if the services provided in item (2) are not available through the existing service delivery system.

Section 20-7-5650. The Continuum of Care shall perform the following duties and functions:

(1) identify needs and develop plans to address the needs of severely emotionally disturbed children and youth;

(2) coordinate planning, training, and service delivery among public and private organizations which provide services to severely emotionally disturbed children and youth;

(3)(a) augment existing resources by providing or procuring services to complete the range of services needed to serve this population in the least restrictive, most appropriate setting. The scope of services includes but is not limited to the following:

1. in-home treatment programs;

2. residential treatment programs;

3. education services;

4. counseling services;

5. outreach services;

6. volunteer and community services.

(b) provide needed services until they can be procured;

(4) provide case management services directly;

(5) supervise and administer the development and operation of its activities and services on a statewide regional basis.

Section 20-7-5660. The board may employ a director to serve at its pleasure. The director shall employ staff necessary to carry out the provisions of this article. The funds for the director, staff, and other purposes of the board must be provided in the annual general appropriations act.

Section 20-7-5670. The board shall submit an annual report to the Governor and General Assembly on its activities and recommendations for changes and improvements in the delivery of services by public agencies serving children.

Section 20-7-5680. The Health and Human Services Finance Commission shall provide administrative support necessary to perform the fiscal affairs of the advisory council and the board. The Health and Human Services Finance Commission does not have regulatory authority over the expenditure of funds, personnel employment, and other policy and regulatory decisions."

Repeal

SECTION 2. Chapter 83, Title 44 of the 1976 Code is repealed.

Initial terms and appointments

SECTION 3. (A) As designated by the Governor the initial term of the members of the South Carolina Continuum of Care for Emotionally Disturbed Children Board provided for in Section 20-7-5620, as added in Section 1 of this act, is as follows:

(1) one member: two years;

(2) two members: three years;

(3) two members: four years.

(B) As designated by the Governor the initial term of the members of the advisory council appointed by the Governor provided for in Section 20-7-5630(A)(4), added in Section 1 of this act, is as follows:

(1) two members: two years;

(2) two members: three years;

(3) two members: four years.

(C) The initial appointment of a parent of a child currently receiving services from the Continuum of Care provided for in Section 20-7-5630(A)(4)(d), added in Section 1 of this act, applies to the Continuum of Care provided for in Chapter 83 of Title 44 of the 1976 Code repealed in Section 2 of this act.

Time effective

SECTION 4. This act takes effect upon approval by the Governor except for Section 20-7-5680, as added in Section 1, which takes effect July 1, 1989.