Current Status Bill Number:
3463Ratification Number: 148Act Number: 95Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950202Primary Sponsor: HarrisonAll Sponsors: Harrison, Shissias, Neal, Klauber, Cromer, Sheheen, Stuart and QuinnDrafted Document Number: br1\18030ac.95Date Bill Passed both Bodies: 19950530Date of Last Amendment: 19950419Governor's Action: SDate of Governor's Action: 19950612Subject: Foster care review board, child abuse
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19950612 Act No. A95 ------ 19950612 Signed by Governor ------ 19950606 Ratified R148 Senate 19950530 Read third time, enrolled for ratification Senate 19950529 Read second time Senate 19950525 Recalled from Committee, 08 SG placed on the Calendar Senate 19950425 Introduced, read first time, 08 SG referred to Committee House 19950420 Read third time, sent to Senate House 19950419 Amended, read second time House 19950406 Committee report: Favorable with 27 H3M amendment House 19950202 Introduced, read first time, 27 H3M referred to CommitteeView additional legislative information at the LPITS web site.
(A95, R148, H3463)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2386 SO AS TO PROVIDE THAT NO PERSON MAY BE EMPLOYED BY OR SERVE ON THE STATE OR A LOCAL REVIEW BOARD OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, IF THE PERSON IS THE SUBJECT OF AN INDICATED REPORT OR AFFIRMATIVE DETERMINATION OF ABUSE OR NEGLECT OR HAS BEEN CONVICTED OF CERTAIN CRIMES; TO REQUIRE BEFORE BEING EMPLOYED OR APPOINTED OR REAPPOINTED THE DIVISION MUST SUBMIT INFORMATION ON THE PERSON TO THE DEPARTMENT OF SOCIAL SERVICES FOR INFORMATION ON REPORTS OF ABUSE OR NEGLECT AND TO THE STATE LAW ENFORCEMENT DIVISION FOR A CRIMINAL RECORDS CHECK; AND TO PROVIDE THAT THE DIVISION MAY NOT BE CHARGED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THIS RECORDS CHECK; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE AND NEGLECT RECORDS OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO AUTHORIZE THE DIVISION ACCESS TO INFORMATION TO CERTIFY THAT NO POTENTIAL EMPLOYEE OR STATE OR LOCAL BOARD NOMINEE OR MEMBER IS THE SUBJECT OF AN INDICATED OR AFFIRMATIVE DETERMINATION.
Be it enacted by the General Assembly of the State of South Carolina:
Employees and state and local board members ineligible for employment or to serve under certain circumstances; abuse and neglect and criminal records checks required
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-2386. (A) No person may be employed by the Division for Review of the Foster Care of Children, Office of the Governor, or may serve on the state or a local foster care review board if the person:
(1) is the subject of an indicated report or affirmative determination of abuse or neglect as maintained by the Department of Social Services in the Central Registry of Child Abuse and Neglect pursuant to Section 20-7-680;
(2) has been convicted of or pled guilty or nolo contendere to:
(a) an `offense against the person' as provided for in Title 16, Chapter 3;
(b) an `offense against morality or decency' as provided for in Title 16, Chapter 15; or
(c) contributing to the delinquency of a minor, as provided for in Section 16-17-490.
(B) Before a person is employed by the Division for Review of the Foster Care of Children or before an appointment or reappointment is made to the state or a local foster care review board, the division shall submit the name of the potential employee or a list containing the names, addresses, and social security numbers of persons nominated to serve on the state or local boards to the Department of Social Services for a records check of indicated reports or affirmative determinations from the Central Registry of Child Abuse and Neglect and to SLED for a criminal records background check to certify that no potential employee or person nominated to serve on the state or a local board is in violation of subsection (A). A list of the persons employed by the division or serving on the state or local boards also must be submitted annually to the Department of Social Services for a records check of indicated reports or affirmative determinations to certify that no person employed by the division or serving on a board is in violation of subsection (A)(1). The division may not be charged by the Department of Social Services for these records checks."
Division to have access to DSS records to certify employee and board member eligibility
SECTION 2. Section 20-7-690(C) of the 1976 Code, as last amended by Part II, Section 88K, Act 164 of 1993, is further amended by adding an appropriately numbered item to read:
"( ) The Division for Review of the Foster Care of Children, Office of the Governor, for purposes of certifying in accordance with Section 20-7-2386 that no potential employee or no nominee to and no member of the state or a local foster care review board is a subject of an indicated report or affirmative determination."
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1995.