Current Status Introducing Body:House Bill Number:5102 Primary Sponsor:Wells Committee Number:08 Type of Legislation:GB Subject:Child abuse and neglect Residing Body:Senate Current Committee:General Committee Computer Document Number:CYY/16036AC.94 Introduced Date:19940414 Last History Body:Senate Last History Date:19940505 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Wells Allison Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
5102 Senate 19940505 Introduced, read first time, 08
referred to Committee
5102 House 19940505 Read third time, sent to
Senate
5102 House 19940504 Read second time
5102 House 19940414 Introduced, read first time,
placed on Calendar without
reference
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Indicates Matter Stricken
Indicates New Matter
INTRODUCED
April 14, 1994
H. 5102
S. Printed 4/14/94--H.
Read the first time April 14, 1994.
TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE LOCAL CHILD PROTECTIVE AGENCY AND SECTION 20-7-680, AS AMENDED, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT CERTAIN IDENTIFYING AND STATISTICAL INFORMATION ON INDICATED CASES OF ABUSE AND NEGLECT MUST BE RETAINED IN ACCORDANCE WITH A RETENTION SCHEDULE PROMULGATED BY THE DEPARTMENT IN REGULATION RATHER THAN REQUIRING THE DEPARTMENT TO ONLY MAINTAIN THESE RECORDS FOR SEVEN YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-650(G) of the 1976 Code is amended to read:
"(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 retained by the department in accordance with a retention schedule promulgated in regulation by the department. 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."
SECTION 2. Section 20-7-680(F) of the 1976 Code, as last amended by Act 448 of 1992, is further amended to read:
"(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 retained by the department in accordance with a retention schedule promulgated in regulation by the department. 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."
SECTION 3. This act takes effect upon approval by the Governor.