South Carolina General Assembly
108th Session, 1989-1990

Bill 3638

                    Current Status

Bill Number:               3638
Ratification Number:       406
Act Number                 368
Introducing Body:          House
Subject:                   Child day care centers and homes;
                           standard of review
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A368, R406, H3638)

AN ACT TO AMEND SECTION 20-7-2760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS FROM THE DENIAL OF A LICENSE FOR A PRIVATE CHILD DAY CARE CENTER OR HOME; SECTION 20-7-2880, RELATING TO APPEALS FROM THE WITHDRAWAL OF A STATEMENT OF REGISTRATION FOR A CENTER OR HOME; SECTION 20-7-2920, RELATING TO INJUNCTIONS AGAINST A CHURCH OR RELIGIOUS CENTER OR HOME; AND SECTION 20-7-2940, RELATING TO APPEALS FROM THE SUSPENSION OF REGISTRATION FOR A CHURCH OR RELIGIOUS CENTER OR HOME, SO AS TO PROVIDE FOR APPEALS TO AND INJUNCTIONS IN THE FAMILY COURT INSTEAD OF CIRCUIT COURT AND PROVIDE FOR THE STANDARD OF REVIEW.

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

Child day care centers and homes; standard of review

SECTION 1. Section 20-7-2760(d) of the 1976 Code is amended to read:

"(d) The decision of the department is final unless appealed by a party to the hearing to the family court having jurisdiction for the county in which the facility is located for review within thirty days after the receipt by the party of the notice of the decision. The review must be conducted in accordance with the standards of review provided for in Section 1-23-380. The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based."

Appeals; withdrawal of a statement of registration; standard of review

SECTION 2. Section 20-7-2880(c) of the 1976 Code is amended to read:

"(c) The decision of the department is final unless appealed by a party to the hearing to the family court having jurisdiction for the county in which the facility is located for review within thirty days after the receipt by the party of the notice of the decision. The review must be conducted in accordance with the standards of review provided for in Section 1-23-380.

The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based."

Injunctions against a church or religious center or home; standard of review

SECTION 3. Section 20-7-2920 of the 1976 Code is amended to read:

"Section 20-7-2920. The department may seek an injunction against the continuing operation of a child day care center or group day care home in the family court having jurisdiction over the county in which the facility is located when:

(1) the facility is operating without having requested the appropriate inspections;

(2) there is a violation of the health and fire safety regulations as set forth by Sections 20-7-2910 through 20-7-2970 which threaten serious harm to children in the facility;

(3) an operator repeatedly has violated the health and fire safety regulations."

Appeals; suspension or registration for a church or religious center or home; standard of review

SECTION 4. Section 20-7-2940 of the 1976 Code is amended to read:

"Section 20-7-2940. a. When the registration of a facility has been suspended, the operator must be given prompt written notice. The notice must indicate the reasons for the suspension and inform the operator of the right to appeal the decision through administrative channels to the department and according to established appeals procedure for the department.

b. Upon appeal, the decision of the department is final unless appealed by a party to the hearing to the family court having jurisdiction for the county in which the facility is located for review within thirty days after the receipt by the party of the notice of the decision. The review must be conducted in the family court in accordance with the standards of review provided for in Section 1-23-380. The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Approved the 19th day of March, 1990.