Current Status Introducing Body:Senate Bill Number:1012 Ratification Number:534 Act Number:448 Primary Sponsor:McConnell Type of Legislation:GB Subject:Child protective agencies, local; duties Date Bill Passed both Bodies:Jun 04, 1992 Computer Document Number:DKA/3420.BD Governor's Action:S Date of Governor's Action:Jul 01, 1992 Introduced Date:May 27, 1991 Date of Last Amendment:Jun 03, 1992 Last History Body:------ Last History Date:Jul 01, 1992 Last History Type:Act No. 448 Scope of Legislation:Statewide All Sponsors:McConnell Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
1012 ------ Jul 01, 1992 Act No. 448
1012 ------ Jul 01, 1992 Signed by Governor
1012 ------ Jun 04, 1992 Ratified R 534
1012 Senate Jun 04, 1992 Concurred in House amendment,
enrolled for ratification
1012 House Jun 04, 1992 Read third time, returned
with amendment
1012 House Jun 03, 1992 Amended, read second time
1012 House Jun 02, 1992 Objection withdrawn by
Representative
1012 House Jun 02, 1992 Objection withdrawn by
Representative
1012 House May 21, 1992 Objection by Representative
1012 House May 21, 1992 Objection withdrawn by
Representative
1012 House May 21, 1992 Objection by Representative
1012 House May 21, 1992 Objection withdrawn by
Representative
1012 House May 20, 1992 Objection by Representative
1012 House May 12, 1992 Committee Report: Favorable 27
with amendment
1012 House May 05, 1992 Introduced, read first time, 27
referred to Committee
1012 Senate Apr 30, 1992 Amended, read third time,
sent to House
1012 Senate Apr 08, 1992 Amended, read second time
1012 Senate Apr 01, 1992 Committee Report: Favorable 11
with amendment
1012 Senate May 27, 1991 Introduced, read first time, 11
referred to Committee
View additional legislative information at the LPITS web site.
(A448, R534, S1012)
AN ACT TO AMEND SECTION 20-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ABUSED AND NEGLECTED CHILDREN, SO AS TO DEFINE "CHILD PROTECTIVE SERVICES", "AFFIRMATIVE DETERMINATION", AND "COURT"; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR REPORTS OF CHILD ABUSE AND NEGLECT TO BE ENTERED IMMEDIATELY INTO THE AUTOMATED STATEWIDE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT AND MAINTAINED IN AGENCY FILES IN ONE OF FOUR CATEGORIES, INCLUDE AFFIRMATIVE DETERMINATION AS A CATEGORY, PROVIDE FOR INDICATED REPORTS TO BE CONVERTED TO THAT CATEGORY, DELETE THE REFERENCES TO LOCAL REGISTRIES, PROVIDE FOR MAINTENANCE OF AFFIRMATIVE DETERMINATIONS, PROVIDE FOR USE, DISCLOSURE, AND DESTRUCTION OF INFORMATION IN UNFOUNDED AND AFFIRMATIVE DETERMINATIONS REPORTS, CHANGE THE REFERENCE TO CARE TO WELFARE AND PROVIDE FOR THE AGENCIES' RESPONSIBILITY WHERE THE FACTS INDICATING ABUSE OR NEGLECT APPEAR TO INDICATE A VIOLATION OF CRIMINAL LAW; TO AMEND SECTION 20-7-680, RELATING TO THE CENTRAL REGISTRY FOR ABUSED AND NEGLECTED CHILDREN, SO AS TO CHANGE THE REFERENCE TO CARE TO WELFARE, REVISE THE REQUIREMENTS FOR MAINTENANCE AND CLASSIFICATION OF ABUSE AND NEGLECT REPORTS, PROVIDE FOR LOCAL CHILD PROTECTIVE SERVICE AGENCIES TO TRANSMIT IMMEDIATELY DATA REQUIRED BY THE DEPARTMENT OF SOCIAL SERVICES, AND PROVIDE REQUIREMENTS FOR INFORMATION IN UNFOUNDED REPORTS AND AFFIRMATIVE DETERMINATIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-655 SO AS TO PROVIDE FOR A CHILD PROTECTIVE SERVICES APPEALS PROCESS FOR REVIEW OF INDICATED REPORTS NOT OTHERWISE BEING BROUGHT BEFORE THE FAMILY COURT FOR DISPOSITION AND FOR JUDICIAL REVIEW; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REQUIRE THAT REPORTS MADE AVAILABLE MUST INDICATE IF AN APPEAL IS PENDING.
Be it enacted by the General Assembly of the State of South Carolina:
Definitions
SECTION 1. Section 20-7-490 of the 1976 Code, as last amended by Act 542 of 1990, is further amended by adding appropriately numbered items to read:
"( ) `Child Protective Services' means assistance provided by the local child protective services agency as a result of indicated reports or affirmative determinations of child abuse or neglect, including assistance ordered by the family court or consented to by the family. The objectives of child protective services are:
(1) to protect the child's safety and welfare, and
(2) to maintain the child within the family unless the safety of the child requires placement outside the home.
( ) `Affirmative determination' means a finding that more likely than not the child was abused or neglected by the person who is alleged or determined to have abused or neglected the child and who is mentioned by name in a report or finding. This finding may be made only by:
(1) the court;
(2) the Department of Social Services upon a final agency decision in its appeals process; or
(3) waiver by the subject of the report of his right to appeal.
If an affirmative determination is made by the court after an affirmative determination is made by the Department of Social Services, the court's finding shall be the affirmative determination.
( ) `Court' means the family court."
Requirements for reports of child abuse and neglect
SECTION 2. Section 20-7-650 of the 1976 Code, as last amended by Act 328 of 1990, is further amended to read:
"Section 20-7-650. (A) It is the purpose of this section to encourage the voluntary acceptance of service offered by the child protective service agency in connection with child abuse and neglect or another problem of a nature affecting the stability of family life.
(B) The local child protective service agencies must be staffed adequately with persons trained in the investigation of suspected child abuse and neglect and in the provision of services to abused and neglected children and their families.
(C) Within twenty-four hours of the receipt of a report of suspected child abuse or neglect, the agency must begin an appropriate and thorough investigation to determine whether a report of suspected child abuse or neglect is `indicated' or `unfounded'. The finding must be made no later than sixty days from the receipt of the report. In conducting the investigation, if the facts so warrant, the agency investigator may petition the family court of the appropriate judicial circuit for a warrant to inspect the premises and condition of the child subject of the report. The family court shall issue the inspection warrant upon probable cause to believe the child is abused or neglected, as defined by this article.
(D) Indicated findings must be based upon a finding of the facts available to the agency that abuse or neglect is more likely than not to have occurred. Whenever the facts available to the agency indicate a lesser finding, determinations must be deemed `unfounded'. Indicated findings must include a description of the services being provided the child and those responsible for his welfare, as well as all relevant dispositional information.
(E) Reports of child abuse and neglect must be entered immediately into the automated statewide Central Registry of Child Abuse and Neglect. Reports of child abuse and neglect must be entered into the registry and maintained in the agency files in one of four categories: Suspected, Unfounded, Indicated, or Affirmative Determination. All initial reports must be deemed suspected. Reports of suspected child abuse and neglect must be maintained for no more than sixty days after the report was received by the agency. On or before the expiration of that time, they must be converted into either unfounded or indicated reports, pursuant to the agency's investigation. Upon an affirmative determination, indicated reports must be converted to the category of `affirmative determination'.
(1) Indicated reports must be maintained by the agency only when accompanied by supplemental information as required under subsection (D).
(2) Unfounded reports must be classified `Unfounded by reason of insufficient evidence'.
(3) If no finding has been made by the agency after sixty days from the date a report was received, the report must be classified `Unfounded for want of an investigation'.
(4) Affirmative determinations may be maintained by the agency only when accompanied by a description of the services being provided the child and those responsible for his welfare, as well as all relevant dispositional information.
(F) The names, addresses, and all other identifying characteristics of persons named in all unfounded reports maintained in agency files may be used only for auditing and statistical purposes. All identifying information contained in unfounded reports must be destroyed immediately after use of the information for auditing and statistical purposes, and in no case later than one year from the date that the last report has been determined to be unfounded; provided, however, that all information in any such report which is unnecessary for auditing and statistical purposes must be destroyed immediately upon a determination that such report is unfounded and the remaining information must be kept strictly confidential except for auditing and statistical purposes. Notwithstanding Section 20-7-690 or any other provision of law, no information contained in unfounded reports may be disclosed under any circumstances.
(G) Upon an affirmative determination, the names, addresses, birth dates, identifying characteristics, and other information of persons named in indicated reports maintained in agency files must be converted immediately to the category of `affirmative determination'. The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes of persons named in affirmative determinations of child abuse or neglect maintained in agency files must be destroyed seven years from the date services are terminated. Upon a determination that more likely than not a person who is the subject of a report as defined by Section 20-7-690(E) did not commit child abuse or neglect, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the agency's files. This provision does not prohibit the agency from maintaining an `indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for his welfare without identifying a subject of the report as defined by Section 20-7-690(E) or providing child protective services to the child who is the subject of the indicated report and those responsible for his welfare.
(H) A family court order resulting from proceedings initiated by the agency pursuant to Section 20-7-650(J) and Section 20-7-736 must include a judicial determination for inclusion in the statewide Central Registry of whether or not the subject of the report more likely than not abused or neglected the child.
(I) The local child protective service agency shall be charged with providing, directing, or coordinating the appropriate and timely delivery of services to children found to be abused or neglected and those responsible for their welfare or others exercising temporary or permanent control over such children. `Services' shall not be construed to include emergency protective custody provided for in Section 20-7-736.
(J) Where the agency initiates protective services in cases of indicated physical, mental, or sexual abuse, it shall petition the family court of the jurisdiction of the services offered within one week after the initiation of the services. The family court shall schedule a hearing within forty days after the filing of the petition to determine whether:
(1) the agency had reasonable cause to initiate the services offered;
(2) the services being offered are reasonable in light of the agency's justification for intervention.
In all proceedings under this section the agency has the burden of proof by a preponderance of the evidence, except in cases where the agency has alleged mental injury, in which case the evidence must be clear and convincing.
(K) In cases where a report has been filed with the Central Registry of Child Abuse and Neglect, as required by subsection (E), the outcome of any further proceedings must be entered immediately by the agency into the Central Registry of Child Abuse and Neglect.
(L) After the initiation of protective services by the agency, if those receiving services indicate a refusal to cooperate, the agency shall withdraw. If the facts so warrant, the agency may petition the family court to invoke the jurisdiction of the court under the Family Court Act to intervene, but the agency may not threaten action to coerce participation.
(M) The agency shall cooperate with law enforcement agencies and the circuit solicitor within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the child protective services agency. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the agency shall notify the appropriate law enforcement agency of those facts within twenty-four hours of the agency's finding for the purposes of police investigation. The law enforcement agency must file a formal incident report at the time it is notified by the agency of such finding. When the intake report is of alleged sexual abuse, the agency must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency must file a formal incident report at the time it is notified of the alleged sexual abuse.
(N) The agency actively shall seek the cooperation and involvement of local public and private institutions, groups, and programs concerned with matters of child protection and welfare within the area it serves.
(O) The local child protective service agency situated in the county of the mother's legal residence shall provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local child protective service agency is the responsibility of the agency or institution with custody of the mother.
(P) The agency in all instances shall act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Services pursuant to this chapter."
Requirements for reports of child abuse and neglect
SECTION 3. Section 20-7-680 of the 1976 Code is amended to read:
"Section 20-7-680. (A) The purpose of this section is to establish a system for the identification of abused and neglected children and those who are responsible for their welfare, to provide a system for the coordination of reports concerning abused and neglected children, and to provide data for determining the incidence and prevalence of child abuse and neglect in this State.
(B) The State Department of Social Services shall maintain a Central Registry of Child Abuse and Neglect within the Department of Social Services child protective services unit. The registry shall receive and maintain reports of child abuse and neglect from local child protective service agencies, and it shall release information to persons and agencies only as authorized by Section 20-7-690. Reports of child abuse and neglect must be maintained on the registry in one of four categories: Suspected, Unfounded, Indicated, or Affirmative Determination. All initial reports shall be deemed suspected. Reports of suspected child abuse and neglect must be maintained on the registry for no more than sixty days after the report was received by the agency. On or before the expiration of that time, they must be converted into either unfounded or indicated reports, pursuant to the agency's investigation. Upon an affirmative determination, indicated reports must be converted to the category of `affirmative determination'.
(1) Indicated reports and affirmative determinations may be maintained on the Central Registry of Child Abuse and Neglect only when accompanied by a description of the services being provided the child and those responsible for his welfare, as well as all relevant dispositional information.
(2) Unfounded reports must be classified `Unfounded by reason of insufficient evidence'.
(3) If no finding has been made by the agency after sixty days from the date a report was received, the report must be classified `Unfounded for want of an investigation'.
(C) Local child protective service agencies shall transmit immediately any data required by the Department of Social Services for purposes of statistical analysis and data gathering, subject to the limitations imposed on identifying characteristics contained in subsections (F) and (G) of Section 20-7-650.
(D) The Department of Social Services shall furnish annually to the Governor and the General Assembly a report on the incidence and prevalence of child abuse and neglect in South Carolina, the effectiveness of services provided throughout the State to protect children from such harm, and any other data deemed instructive.
(E) The names, addresses, birth dates, identifying characteristics, and other information of persons named in unfounded reports maintained on the registry must be destroyed immediately upon a determination that such report is unfounded.
(F) Upon an affirmative determination, the names, addresses, birth dates, identifying characteristics, and other information of persons named in indicated reports must be converted immediately to the category of affirmative determination. The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes of persons named in affirmative determinations of child abuse or neglect must be destroyed seven years from the date services are terminated. Upon a determination that more likely than not a person who is the subject of a report as defined by Section 20-7-690(E) did not commit child abuse or neglect, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the registry. This provision does not prohibit the registry from maintaining an `indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for his welfare without identifying a subject of the report as defined by Section 20-7-690(E), nor does it prohibit the agency from providing child protective services to the child who is the subject of an indicated report and those responsible for his welfare."
Appeals process
SECTION 4. Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-655. (A) The Department of Social Services shall provide a child protective services appeals process for review of indicated reports not otherwise being brought before the family court for disposition. The appeals hearing shall be scheduled and conducted in accordance with the department's fair hearing regulations.
(B) The commissioner shall appoint a child protective services appeals committee for each case decision which is appealed. The committee must be comprised of three officials or employees of the Department of Social Services, none of whom may be a resident of or employed by the local child protective services agency in the county where the case originates or a member of the investigative unit which investigated the case if the case decision being appealed involves institutional abuse.
(C) If the case decision indicates child abuse or neglect, the local child protective services agency must provide notice of the case decision to the subject of the report by certified mail. This notice must include the information required by Section 20-7-690(D). The notice must inform the subject of the report of the right to appeal the case decision and that, if he intends to appeal the decision, he must notify the local child protection agency of his intent in writing within thirty days of receipt of the notice. If the subject of the report does not notify the local child protective services agency of his intent to appeal in writing within thirty days of receipt of the notice, the right to appeal shall be considered waived by the subject and the case decision shall become the affirmative determination.
(D) Within fourteen days after receipt of a notice of intent to appeal, an interim review of case documentation and the case determination shall be conducted by the director of the local child protective services agency. The local review shall not delay the scheduling of the appeals hearing. If the local review supports the case determination, appeals must be considered by the child protective services appeals committee.
(E) The child protective services appeals committee shall determine whether or not the case determination is supported by evidence that the subject of the report more likely than not abused or neglected the child. If the appeals committee affirms the case determination, the subject has the right to judicial review in the family court of the jurisdiction in which the case originated.
(F) Proceedings for judicial review may be instituted by filing a petition in the family court within thirty days after the final decision of the agency. Copies of the petition must be served upon the agency and all parties of record. Judicial review must be conducted by 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. The judgment must include a determination of whether the subject of the report more likely than not abused or neglected the child.
(G) Upon a determination by the local review, the appeals committee, or the court that more likely than not the subject of the report did not commit child abuse or neglect, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the agency's files and from the Central Registry of Child Abuse and Neglect. This provision does not prohibit the agency or the registry from maintaining an `indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for his welfare without identifying a subject of the report, nor does it prohibit the agency from providing child protective services to the child who is the subject of an indicated report and those responsible for his welfare.
(H) When the appeals procedure is used for institutional abuse cases investigated by the Department of Social Services, the investigative unit of the Department of Social Services shall be substituted for the local child protective services agency for purposes of all notices and the case documentation review.
(I) For the purpose of this section, `the subject of the report' means any person who is alleged or determined to have abused or neglected the child who is mentioned by name in a report of finding."
Indication of appeal on reports
SECTION 5. Section 20-7-690 of the 1976 Code, as last amended by Act 441 of 1988, is further amended by adding an appropriately lettered subsection to read:
"( ) All reports made available to persons pursuant to this section must indicate whether or not an appeal is pending on the report pursuant to Section 20-7-655."
Time effective
SECTION 6. This act takes effect six months after approval by the Governor.
Approved the 1st day of July, 1992.