South Carolina General Assembly
117th Session, 2007-2008

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Indicates Matter Stricken
Indicates New Matter

H. 4377

STATUS INFORMATION

General Bill
Sponsors: Reps. E.H. Pitts, Bingham, Toole and Viers
Document Path: l:\council\bills\ms\7448ahb08.doc

Introduced in the House on January 8, 2008
Introduced in the Senate on May 6, 2008
Last Amended on April 30, 2008
Currently residing in the Senate Committee on Judiciary

Summary: Child abuse

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/12/2007  House   Prefiled
  12/12/2007  House   Referred to Committee on Judiciary
    1/8/2008  House   Introduced and read first time HJ-51
    1/8/2008  House   Referred to Committee on Judiciary HJ-52
   4/24/2008  House   Recalled from Committee on Judiciary HJ-84
   4/29/2008          Scrivener's error corrected
   4/30/2008  House   Member(s) request name added as sponsor: Viers
   4/30/2008  House   Requests for debate-Rep(s). FN Smith and Kennedy HJ-59
   4/30/2008  House   Amended HJ-59
   4/30/2008  House   Read second time HJ-59
    5/1/2008  House   Read third time and sent to Senate HJ-131
    5/1/2008          Scrivener's error corrected
    5/6/2008  Senate  Introduced and read first time SJ-4
    5/6/2008  Senate  Referred to Committee on Judiciary SJ-4
   5/12/2008  Senate  Referred to Subcommittee: Ritchie (ch), Rankin, Lourie, 
                        Scott, Ceips

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/12/2007
4/24/2008
4/29/2008
4/30/2008
5/1/2008

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 30, 2008

H. 4377

Introduced by Reps. E.H. Pitts, Bingham, Toole and Viers

S. Printed 4/30/08--H.    [SEC 5/1/08 4:30 PM]

Read the first time January 8, 2008.

            

A BILL

TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING REPORTS AND INVESTIGATIONS OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT INFORMATION CONCERNING REPORTS OF CHILD ABUSE AND NEGLECT CLASSIFIED AS UNFOUNDED MUST BE FORWARDED TO THE STATE LAW ENFORCEMENT DIVISION FOR SAFEKEEPING INDEFINITELY, TO BE DISCLOSED ONLY UNDER CERTAIN CIRCUMSTANCES CURRENTLY ALLOWED BY LAW AND TO MANDATE THAT BOTH THE DEPARTMENT AND THE APPROPRIATE LAW ENFORCEMENT AGENCY CONDUCT INVESTIGATIONS AND SHARE INFORMATION COLLECTED WHEN CHILD ABUSE OR NEGLECT IS INDICATED; TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE CERTAIN PUBLIC ENTITIES TO REVIEW THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT BEFORE HIRING A POTENTIAL EMPLOYEE AND TO PROVIDE CONSEQUENCES WHEN AN EMPLOYER REQUIRED TO CHECK THE CENTRAL REGISTRY FAILS TO DO SO; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF REPORTS AND RECORDS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO ALLOW CERTAIN PERSONS, AGENCIES, OR ENTITIES ACCESS TO THE DEPARTMENT'S RECORDS OF INDICATED CHILD ABUSE AND NEGLECT CASES; AND TO REPEAL SECTION 20-7-50 RELATING TO UNLAWFUL CONDUCT TOWARDS A CHILD.

Amend Title To Conform

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

SECTION    1.    Section 20-7-650(J) through (V) of the 1976 Code, as last amended by Act 79 of 2005, is further amended to read:

"(J)    Information concerning reports classified as unfounded contained in the statewide data system and records must be maintained by the department for not less than five ten years after the finding. Information contained in unfounded cases is not subject to disclosure under pursuant to the Freedom of Information Act as provided for in Chapter 4, Title 30. Access to and use of information contained in unfounded cases must be strictly limited to the following purposes and entities:

(1)    a prosecutor, SLED, or law enforcement officer or agency, for purposes of investigation of a suspected false report pursuant to Section 20-7-567;

(2)    the department, SLED, or a law enforcement officer or agency, for the purpose of investigating allegations of abuse or neglect;

(3)    the department, SLED, or a law enforcement officer or agency, when information is received that allows the reopening of a Category III unfounded report pursuant to subsection (C);

(4)    as evidence in a court proceeding, if admissible under pursuant to the rules of evidence as determined by a judge of competent jurisdiction;

(5)    a person who is the subject of a report in an action brought by a prosecutor or by the department, if otherwise subject to discovery under pursuant to the applicable rules of procedure;

(6)    the department, for program improvement, auditing, and statistical purposes;

(7)    as authorized in Section 20-7-695; and

(8)    the Department of Child Fatalities pursuant to Section 20-7-5930.

(K)    Except as authorized in this section, no person may disseminate or permit dissemination of information maintained pursuant to subsection (J). A person who disseminates or permits dissemination in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than one year, or both. A person aggrieved by an unlawful dissemination in violation of this subsection may bring a civil action to recover damages incurred as a result of the unlawful act and to enjoin its dissemination or use.

(L)    At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:

(1)    must order that a person's name be entered in the Central Registry of Child Abuse and Neglect if the court finds that there is a preponderance of evidence that the person physically or sexually abused or wilfully or recklessly neglected the child. Placement on the Central Registry cannot be waived by any party or by the court. However, if the only form of physical abuse that is found by the court is excessive corporal punishment, the court only may order that the person's name be entered in the Central Registry if item (2) applies;

(2)    may order, except as provided for in item (1), order that the person's name be entered in the Central Registry if the court finds by a preponderance of evidence:

(a)    that the person abused or neglected the child in any manner, including the use of excessive corporal punishment,; and

(b)    that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children.

(M)    At the probable cause hearing, the court may order that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection (K)(L).

(N)    At any time following receipt of a report, the department may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if placed in a position or setting outside of the person's home that involves care of or substantial contact with children. The department must serve a copy of the petition and summary on the person named as perpetrator. The petition must include a statement that the judge must rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within five days after service of the petition. The name, address, and telephone number of the clerk of court or the clerk's designee must be stated in the petition. If the person named as perpetrator requests a hearing, the court must schedule a hearing on the merits of the allegations in the petition and summary to be held no later than five working days following the request.

(O)    The department must seek an order placing a person in the Central Registry pursuant to subsection (K), (L), or (M) in all cases in which the department concludes that there is a preponderance of evidence that the person committed sexual abuse.

(P)    The department is 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 these children. Services must not be construed to include emergency protective custody provided for in Section 20-7-736.

(Q)(P)    In cases where when a person has been placed in the Central Registry of Child Abuse and Neglect, the outcome of any all further proceedings must be entered immediately by the department into the Central Registry of Child Abuse and Neglect. If it is determined that a report is unfounded, the department must immediately purge information identifying that person as a perpetrator from the registry and from department records as provided in Section 20-7-680(D) and (E).

(R)(Q)    The department must furnish to parents or guardians on a standardized form the following information as soon as reasonably possible after commencing the investigation:

(1)    the names of the investigators;

(2)    the allegations being investigated;

(3)    whether the person's name has been recorded by the department as a suspected perpetrator of abuse or neglect;

(4)    the right to inspect department records concerning the investigation;

(5)    statutory and family court remedies available to complete the investigation and to protect the child if the parent or guardian or subject of the report indicates a refusal to cooperate;

(6)    how information provided by the parent or guardian may be used;

(7)    the possible outcomes of the investigation; and

(8)    the telephone number and name of a department employee available to answer questions.

(S)(R)    The department must cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the department. Where When the facts indicating department receives a report of suspected child abuse or neglect, whether or not the information related by the reporter appears also appear to indicate a violation of criminal law, the department must notify the appropriate law enforcement agency of those facts that information within twenty-four hours of the department's finding department receiving the report for the purposes of police law enforcement's investigation. The law enforcement agency must file a formal incident report at the time it is notified by the departmentof the finding. When the intake report is of alleged sexual abuse, the department must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary and a collaborative investigation must begin. The law enforcement agency must file a formal incident report at the time it is notified of the alleged sexual abuse. The law enforcement agency must provide the following information to the department including, but not limited to, copies of incident reports generated in any case all cases reported to law enforcement by the department and in any case all cases in which the officer responsible for the case knows the department is involved with the family or the child. The law enforcement officer must make reasonable efforts to advise the department of significant developments in the case, such as disposition in summary court, referral of a juvenile to the Department of Juvenile Justice, arrest or detention, trial date, and disposition of charges. The department must include in its records copies of incident reports provided under pursuant to this section and must record the disposition of charges. The department and law enforcement agencies shall include in protocols established pursuant to Section 20-7-610(R) procedures for notifying agencies of reports, sharing of information, and collaboration during investigation.

(T)(S)    The department actively must 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.

(U)(T)    The local office of the department responsible for the county of the mother's legal residence must provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where when no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local office is the responsibility of the agency or institution having custody of the mother.

(V)(U)    In all instances, the agency must act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Services pursuant to this chapter."

SECTION    2.    Section 20-7-680 of the 1976 Code, as last amended by Act 79 of 2005, is further 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. To further these purposes, the department must maintain one or more statewide data systems concerning cases reported to it pursuant to this article.

(B)    The Department of Social Services must maintain a Central Registry of Child Abuse and Neglect within the department's child protective services unit in accordance with Sections 20-7-650, 20-7-670, and 17-25-135. Perpetrators of child abuse and neglect must be entered in the registry only by order of a court as provided for in Sections 20-7-650 and 17-25-135, or as provided for in Section 20-7-670. Each entry in the registry must be accompanied by information further identifying the person including, but not limited to, the person's date of birth, address, and any all other identifying characteristics, and describing the abuse or neglect committed by the person.

(C)    The Department of Social Services must 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 this harm, and any all other data considered instructive.

(D)    The Central Registry of Child Abuse and Neglect must not contain information from reports classified as unfounded. Other department records and databases must treat unfounded cases as provided for in Section 20-7-650.

(E)    The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes of persons named in department records of indicated cases other than the Central Registry of Child Abuse and Neglect must be destroyed seven years from the date services are terminated. This section does not prohibit the department from maintaining an 'indicated case' which contains identifying information on the child who is the subject of the indicated report and those responsible for the child's welfare without identifying a person as a perpetrator, and it does not prohibit the department from providing child protective services to the child who is the subject of an indicated report and those responsible for the child's welfare.

(F)    Information in the Central Registry and other department records may be released only as authorized in Section Sections 20-7-650 and 20-7-690 or as otherwise specifically authorized by statute. Information in records of the department other than the Central Registry of Child Abuse and Neglect must not be used for screening potential employees or volunteers of any a public or private entity, except as specifically provided by Section 20-7-690 or as otherwise provided by statute. However, nothing in this section prevents the department from using other information in its records when making decisions associated with administration or delivery of the department's programs and services.

(G)    When a statute or regulation makes determination of a person's history of child abuse or neglect a condition for employment or volunteer service in a facility or other entity regulated by the department, the person must be screened against the Central Registry of Child Abuse and Neglect before employment or service in the volunteer role. The person must be screened each time the license, registration, or other operating approval of the facility or other entity is renewed.

(H)    When a statute or regulation makes determination of an applicant's history of child abuse or neglect, a condition for issuance of a license, registration, or other operating approval by the department, the applicant must be screened against the Central Registry of Child Abuse and Neglect before issuance of the initial license, registration, or other approval and each time the license, registration, or other operating approval is renewed.

(I)    Persons, agencies, or entities who are engaged in the care, supervision, or treatment of children shall obtain the results of a review of the Central Registry of Child Abuse and Neglect before hiring a potential employee. Neither this subsection nor subsection (J) alters the obligations of persons, agencies, or entities when a check for history of child abuse or neglect or a check of the Central Registry of Child Abuse and Neglect is a condition for employment, volunteer services, or issuance of a license or other permit to operate.

(J)    An employer who is required to check the Central Registry of Child Abuse and Neglect shall comply with all provisions of this section.

(K)    The department is authorized to charge a fee for reviewing the Central Registry of Child Abuse and Neglect in accordance with a fee schedule established in the annual Appropriations Act."

SECTION    3.    Section 20-7-690(B)(10) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:

"(B)(10)    family courts and juvenile arbitrators conducting proceedings pursuant to this article;"

SECTION    4.    Section 20-7-655(G), as last amended by Act 325 of 2002, is further amended to read:

"(G)    An appellant seeking judicial review shall file a petition in the family court within thirty days after the final decision of the department. The appellant shall serve a copy of the petition upon the department. The family court shall conduct a judicial review in accordance with the standards of review provided for in Section 1-23-380 trial de novo. 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 decision of the department that a preponderance of evidence shows that the appellant abused or neglected the child should be affirmed or reversed. The appellant is not entitled to a trial de novo in the family court."

SECTION    5.    Article 5, Chapter 25, Title 59 of the 1976 Code is amended by adding:

"Section 59-25-425.    (A)    Notwithstanding another provision of law, persons charged with hiring school district employees shall review the Central Registry of Child Abuse and Neglect before hiring a potential employee pursuant to Section 20-7-680.

(B)    The Department of Social Services is authorized to charge a fee for reviewing the Central Registry of Child Abuse and Neglect in accordance with a fee schedule established in the annual Appropriations Act."

SECTION    6.    Section 20-7-50 of the 1976 Code is repealed.

SECTION    7.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    8.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    9.    This act takes effect on January 1, 2009.

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