Current Status Introducing Body:Senate Bill Number:1238 Primary Sponsor:Moore Committee Number:08 Type of Legislation:GB Subject:Foster family applicants, fingerprint reviews Residing Body:Senate Current Committee:General Committee Computer Document Number:CYY/15824AC.94 Introduced Date:19940308 Last History Body:Senate Last History Date:19940308 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Moore Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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1238 Senate 19940308 Introduced, read first time, 08
referred to Committee
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TO AMEND SECTION 20-7-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINGERPRINT REVIEWS FOR FOSTER FAMILY APPLICANTS, SO AS TO PROVIDE WHEN REVIEWS MUST BE COMPLETED BEFORE LICENSURE, WHO MAY CONDUCT AND WHO MUST PAY FOR THE REVIEWS; TO PROVIDE THAT A STATE CRIMINAL HISTORY BACKGROUND REVIEW MUST BE CONDUCTED ANNUALLY UPON LICENSE RENEWAL; TO PROVIDE THAT NEW ADULT RESIDENTS IN THE HOME MUST UNDERGO THESE REVIEWS; TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO REQUIRE ADDITIONAL REVIEWS IF NEEDED TO ASSURE CONTINUING SUITABILITY OF THE FOSTER HOME; AND TO PROVIDE THAT CURRENT LICENSEES MUST UNDERGO THESE REVIEWS WITHIN SIX MONTHS OF THIS ACT'S EFFECTIVE DATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-1640 of the 1976 Code, as added by Section 40, Part II of Act 164 of 1993, is amended to read:
"Section 20-7-1640. (A) A person applying for licensure as a foster parent and a person eighteen years of age or older, residing in a home in which a person has applied to be licensed as a foster parent, must undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprinting review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. No person may be licensed as a foster parent until these fingerprint reviews have been conducted and the results submitted to the Department of Social Services. The Department of Social Services shall require a fingerprinting review to be conducted by the Federal Bureau of Investigation and a state criminal history background review by the State Law Enforcement Division to determine any criminal history of a foster parent and any person eighteen years of age or older residing in the home at the time of the initial licensing application. No initial license may be issued until the department has submitted all necessary materials to the Federal Bureau of Investigation for the fingerprint review. The state criminal history background review must be completed before an initial license is issued.
(B) A state criminal history background review must be conducted by the State Law Enforcement Division or the Department of Social Services under a user agreement with the State Law Enforcement Division to determine any state criminal history annually upon renewal of the license as well as upon initial issuance of the license.
(C) The department shall require a new resident over the age of eighteen added to a licensed home to undergo a Federal Bureau of Investigation fingerprint review and the State Law Enforcement Division criminal history background review. The foster family shall notify the department immediately upon addition of new residents.
(B)(D)Any A fee charged by the Federal Bureau of Investigation for the fingerprint review must be paid by the individual state agency or the private child placing agency which has recruited the foster family and recommended licensing of the foster family.
(E) The department may require additional Federal Bureau of Investigation fingerprint reviews or state criminal history record reviews of foster parents and other adult residents of the home if there is reason to believe a review is needed to determine continuing suitability of the foster home for placement of children."
SECTION 2. A foster family that is licensed as of this act's effective date shall undergo a Federal Bureau of Investigation fingerprint review and the State Law Enforcement Division criminal history background review within six months of this act's effective date. A fee charged for a review must be paid by the state agency or the private child placing agency which has recruited the foster family and recommended licensing of the foster family.
SECTION 3. This act takes effect upon approval by the Governor.