S*46 Session 111 (1995-1996)
S*0046(Rat #0093, Act #0054 of 1995) General Bill, By Jackson, Elliott,
M.T. Rose and Washington
A Bill to amend Sections 20-7-2730, as amended, 20-7-2740, 20-7-2800,
20-7-2810, 20-7-2850, 20-7-2860, and 20-7-2900, Code of Laws of South
Carolina, 1976, relating to the issuance and renewal of licenses for private
day care centers and approval and renewal of public day care centers, the
registration of family day care home operators, and the registration of church
or religious day care centers, so as to require that all persons applying for
day care licensure, approval, or registration and all persons seeking
employment or to be a caregiver in a day care center to undergo a fingerprint
review to be conducted by the South Carolina Law Enforcement Division and the
Federal Bureau of Investigation; to prohibit the issuance of a day care
license, employment, or providing care giver services if the person has been
convicted of certain crimes; to provide criminal penalties if a day care
center employs a person or has a care giver who has been convicted of one of
the specified crimes or if a person seeks a day care license, employment, or
to provide caregiver services and the person has been convicted of one of
these crimes; to require applications to provide notice of these criminal
penalties and to provide the date where fingerprint reviews for current
operators, employees, and caregivers must be completed; to add Section
20-7-2905 prohibiting SLED from charging more than twenty-five dollars to
conduct a State criminal history review; to add Section 20-7-3097 so as to
require that before the Department of Social Services hires an employee in its
day care licensing or child protective services divisions the person must
undergo a State and FBI fingerprint review and to prohibit the hiring of a
person convicted of certain crimes; and to add Section 20-7-3098 so as to
require the Department of Social Services to provide an explanatory brochure
regarding hearings and appeals when the Department cites a day care center for
a violation of this Chapter.-amended title
09/19/94 Senate Prefiled
09/19/94 Senate Referred to Committee on General
01/10/95 Senate Introduced and read first time SJ-23
01/10/95 Senate Referred to Committee on General SJ-23
03/09/95 Senate Committee report: Favorable with amendment
General SJ-13
03/14/95 Senate Amended SJ-138
03/14/95 Senate Read second time SJ-138
03/15/95 Senate Read third time and sent to House SJ-18
03/15/95 House Introduced and read first time HJ-62
03/15/95 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-62
04/25/95 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-4
04/27/95 House Debate adjourned until Tuesday, May 2, 1995 HJ-35
05/02/95 House Debate adjourned until Thursday, May 4, 1995 HJ-17
05/04/95 House Objection by Rep. Simrill, Haskins, Trotter,
Fair, Vaughn, Herdklotz, Easterday, Marchbanks,
Davenport, Phillips, Robinson, Lanford &
Townsend HJ-23
05/09/95 House Objection withdrawn by Rep. Fair, Simrill &
Easterday HJ-181
05/10/95 House Objection withdrawn by Rep. Trotter, Townsend,
Haskins, Vaughn & Herdklotz HJ-57
05/10/95 House Objection by Rep. Gamble, Shissias, Rogers &
Stuart HJ-57
05/17/95 House Debate interrupted HJ-39
05/17/95 House Amended HJ-58
05/17/95 House Debate interrupted HJ-74
05/18/95 House Read second time HJ-71
05/18/95 House Roll call Yeas-70 Nays-34 HJ-71
05/23/95 House Read third time and returned to Senate with
amendments HJ-158
05/24/95 Senate Concurred in House amendment and enrolled SJ-27
06/06/95 Ratified R 93
06/12/95 Signed By Governor
06/12/95 Effective date 07/01/95
08/11/95 Copies available
08/11/95 Act No. 54
(A54, R93, S46)
AN ACT TO AMEND SECTIONS 20-7-2730, AS AMENDED,
20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND
20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE ISSUANCE AND RENEWAL OF LICENSES
FOR PRIVATE DAY CARE CENTERS AND APPROVAL AND
RENEWAL OF PUBLIC DAY CARE CENTERS, THE
REGISTRATION OF FAMILY DAY CARE HOME OPERATORS,
AND THE REGISTRATION OF CHURCH OR RELIGIOUS DAY
CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS
APPLYING FOR DAY CARE LICENSURE, APPROVAL, OR
REGISTRATION AND ALL PERSONS SEEKING EMPLOYMENT OR
TO BE A CAREGIVER IN A DAY CARE CENTER TO UNDERGO A
FINGERPRINT REVIEW TO BE CONDUCTED BY THE SOUTH
CAROLINA LAW ENFORCEMENT DIVISION AND THE FEDERAL
BUREAU OF INVESTIGATION; TO PROHIBIT THE ISSUANCE OF
A DAY CARE LICENSE, EMPLOYMENT, OR PROVIDING
CAREGIVER SERVICES IF THE PERSON HAS BEEN CONVICTED
OF CERTAIN CRIMES; TO PROVIDE CRIMINAL PENALTIES IF A
DAY CARE CENTER EMPLOYS A PERSON OR HAS A
CAREGIVER WHO HAS BEEN CONVICTED OF ONE OF THE
SPECIFIED CRIMES OR IF A PERSON SEEKS A DAY CARE
LICENSE, EMPLOYMENT, OR TO PROVIDE CAREGIVER
SERVICES AND THE PERSON HAS BEEN CONVICTED OF ONE
OF THESE CRIMES; TO REQUIRE APPLICATIONS TO PROVIDE
NOTICE OF THESE CRIMINAL PENALTIES AND TO PROVIDE
THE DATE WHERE FINGERPRINT REVIEWS FOR CURRENT
OPERATORS, EMPLOYEES, AND CAREGIVERS MUST BE
COMPLETED; TO ADD SECTION 20-7-2905 PROHIBITING SLED
FROM CHARGING MORE THAN TWENTY-FIVE DOLLARS TO
CONDUCT A STATE CRIMINAL HISTORY REVIEW; TO ADD
SECTION 20-7-3097 SO AS TO REQUIRE THAT BEFORE THE
DEPARTMENT OF SOCIAL SERVICES HIRES AN EMPLOYEE IN
ITS DAY CARE LICENSING OR CHILD PROTECTIVE SERVICES
DIVISIONS, THE PERSON MUST UNDERGO A STATE AND FBI
FINGERPRINT REVIEW AND TO PROHIBIT THE HIRING OF A
PERSON CONVICTED OF CERTAIN CRIMES; AND TO ADD
SECTION 20-7-3098 SO AS TO REQUIRE THE DEPARTMENT OF
SOCIAL SERVICES TO PROVIDE AN EXPLANATORY BROCHURE
REGARDING HEARINGS AND APPEALS WHEN THE
DEPARTMENT CITES A DAY CARE CENTER FOR A VIOLATION
OF THIS CHAPTER.
Be it enacted by the General Assembly of the State of South
Carolina:
Private day care centers licensing; crimes prohibited; caregivers
included; criminal penalties; fingerprint reviews required
SECTION 1. Section 20-7-2730 of the 1976 Code, as amended by Part
II, Act 189 of 1989, is amended to read:
"Section 20-7-2730. (A) Application for license must be made
on forms supplied by the department and in the manner it prescribes.
(B) Before issuing a license the department shall conduct an
investigation of the applicant and the proposed plan of care for children
and for operating a private child day care center or group day care home.
If the results of the investigation verify that the provisions of this
subarticle and the applicable regulations promulgated by the department
are satisfied, a license must be issued. The applicant shall cooperate with
the investigation and related inspections by providing access to the
physical plant, records, excluding financial records, and staff. Failure to
comply with the regulations promulgated by the department within the
time period specified in this subarticle, if adequate notification of
deficiencies has been made, is a ground for denial of application. The
investigation and inspections may involve consideration of any facts,
conditions, or circumstances relevant to the operation of the child day
care center or group day care home, including references and other
information about the character and quality of the personnel.
(C) Each license must be conditioned by stating clearly the name and
address of the licensee, the address of the child day care center or group
day care home, and the number of children who may be served.
(D) Failure of the department, except as provided in Section
20-7-3070, to approve or deny an application within ninety days results
in the granting of a provisional license.
(E) No license may be issued to an operator who has been convicted
of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the
Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this
subsection committed in other jurisdictions or under federal law.
(F) No facility may employ or engage the services of a person who
has been convicted of one of the crimes listed in this section. A person
who has been convicted of one of the crimes listed in this section who
applies for a license as an operator, applies for employment with, is
employed by, seeks to provide caregiver services with, or is a caregiver
at a facility is guilty of a misdemeanor and, upon conviction, must be
fined not more than five thousand dollars or imprisoned not more than
one year, or both.
(G) Application forms for licenses issued under this chapter by the
department and application forms for employment at an individual private
child day care center or a group day care home must include, at the top
of the form in large bold type, a statement indicating that a person who
has been convicted of one of the crimes listed in this section who applies
for a license as an operator, applies for employment with, is employed
by, seeks to provide caregiver services with, or is a caregiver at a facility
is guilty of a misdemeanor and, upon conviction, must be fined not more
than five thousand dollars or imprisoned not more than one year, or
both.
(H) A person applying for a license as an operator under this section
or seeking employment or seeking to provide caregiver services at a
facility licensed under this section shall undergo a state fingerprint review
to be conducted by the State Law Enforcement Division to determine any
state criminal history and a fingerprint review to be conducted by the
Federal Bureau of Investigation to determine any other criminal history.
The fingerprint reviews required by this subsection are not required upon
each renewal unless the renewal coincides with employment of a new
operator, employee, or caregiver."
Private day care centers license renewal; crimes prohibited; criminal
penalties; fingerprint reviews required
SECTION 2. Section 20-7-2740 of the 1976 Code is amended to
read:
"Section 20-7-2740. (A) Regular licenses may be renewed upon
application and approval. Notification of a child day care center or
group day care home regarding renewal is the responsibility of the
department.
(B) Application for renewal must be made on forms supplied by the
department in the manner it prescribes.
(C) Before renewing a license the department shall conduct an
investigation of the child day care center or group day care home. If the
results of the investigation verify that the provisions of this subarticle and
the applicable regulations promulgated by the department are satisfied,
the license must be renewed. The licensee shall cooperate with the
investigation and related inspections by providing access to the physical
plant, records, and staff. Failure to comply with the regulations
promulgated by the department within the time period specified in this
subarticle, if adequate notification of deficiencies has been made, is a
ground for revocation of the license. The investigation and inspections
may involve consideration of any facts, conditions, or circumstances
relevant to the operation of the child day care center or group day care
home.
(D) No license may be renewed for any operator who has been
convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the
Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this
subsection committed in other jurisdictions or under federal law.
(E) Application forms for license renewals issued under this chapter
by the department for private child day care centers or group day care
homes must include, at the top of the form in large bold type, a statement
indicating that a person who has been convicted of one of the crimes
listed in this section who applies for a license as operator, applies for
employment with, is employed by, seeks to provide caregiver services
with, or is a caregiver at a facility is guilty of a misdemeanor and, upon
conviction, must be fined not more than five thousand dollars or
imprisoned not more than one year, or both.
(F) A licensee seeking license renewal under this section, its
employees, and its caregivers, who have not done so previously, on the
first renewal after June 30, 1995, or by June 30, 1996, whichever is later,
shall undergo a state fingerprint review to be conducted by the State Law
Enforcement Division to determine any state criminal history and a
fingerprint review to be conducted by the Federal Bureau of Investigation
to determine any other criminal history.
(G) No facility may employ or engage the services of an employee or
caregiver who has been convicted of one of the crimes listed in this
section."
Statement of approval; fingerprint reviews required; crimes
prohibited; criminal penalties
SECTION 3. Section 20-7-2800 of the 1976 Code is amended to
read:
"Section 20-7-2800. (A) Application for a statement of standard
conformity or approval must be made on forms supplied by the
department and in the manner it prescribes.
(B) Before issuing approval the department shall conduct an
investigation of the applicant and the proposed plan of care for children
and for operating a public child day care center or group day care home.
If the results of the investigation verify that the provisions of the
subarticle and the applicable regulations promulgated by the department
are satisfied, approval must be issued. The applicant shall cooperate with
the investigation and inspections by providing access to the physical
plant, records, and staff. The investigation and related inspections may
involve consideration of any facts, conditions, or circumstances relevant
to the operation of the child day care center or group day care home,
including references and other information about the character and
quality of the personnel. If the child day care center or group day care
home fails to comply with the regulations promulgated by the department
within the time period specified in this subarticle, if adequate notification
regarding deficiencies has been given, the appropriate public officials of
the state and local government must be notified.
(C) A person applying for approval under this section, who will
operate the facility, or seeking employment or seeking to provide
caregiver services at a facility licensed under this section shall undergo a
state fingerprint review to be conducted by the State Law Enforcement
Division to determine any state criminal history and a fingerprint review
to be conducted by the Federal Bureau of Investigation to determine any
other criminal history. The fingerprint reviews required by this
subsection are not required upon each renewal unless the renewal
coincides with employment of a new operator, employee, or
caregiver.
(D) No approval may be granted under this section if the person
applying for approval or the operator, an employee, or a caregiver of the
facility has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the
Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes in this
subsection committed in other jurisdictions or under federal law.
(E) No facility may employ or engage the services of an operator, an
employee, or a caregiver who has been convicted of one of the crimes
listed in this section. A person who has been convicted of one of the
crimes listed in this section who applies for approval as an operator at,
applies for employment with, is employed by, seeks to provide caregiver
services with, or is a caregiver at a facility licensed under this section is
guilty of a misdemeanor and, upon conviction, must be fined not more
than five thousand dollars or imprisoned not more than one year, or
both.
(F) Application forms for a statement of standard conformity or
approval issued under this chapter by the department and application
forms for employment at individual public child day care centers or
group day care homes must include, at the top of the form in large bold
type, a statement indicating that a person who has been convicted of one
of the crimes listed in this section who applies for a license as operator,
applies for employment with, is employed by, seeks to provide caregiver
services with, or is a caregiver at a facility is guilty of a misdemeanor
and, upon conviction, must be fined not more than five thousand dollars
or imprisoned not more than one year, or both."
Approval renewals; crimes prohibited; criminal penalties
SECTION 4. Section 20-7-2810 of the 1976 Code is amended to
read:
"Section 20-7-2810. (A) Regular approvals may be renewed
upon application and approval. Notification of a child day care center or
group day care home regarding renewal is the responsibility of the
department.
(B) Application for renewal must be made on forms supplied by the
department and in the manner it prescribes.
(C) Before renewing an approval the department shall conduct an
investigation of the child day care center or group day care home. If the
results of the investigation verify that the provisions of this subarticle and
the applicable regulations promulgated by the department are satisfied,
the approval must be renewed. The operator shall cooperate with the
investigation and related inspections by providing access to the physical
plant, records, and staff. If the operator's statement of approval cannot be
renewed, the appropriate public officials must be notified.
(D) A person applying for approval renewal under this section, a
person who will operate the facility, and its employees and caregivers,
who have not done so previously, on the first approval renewal after June
30, 1995, or by June 30, 1996, whichever is later, shall undergo a state
fingerprint review to be conducted by the State Law Enforcement
Division to determine any state criminal history and a fingerprint review
to be conducted by the Federal Bureau of Investigation to determine any
other criminal history.
(E) No approval may be granted under this section if the person
applying for approval, the operator of the facility, or an employee or a
caregiver has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the
Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this
subsection committed in other jurisdictions or under federal law.
(F) No facility may employ or engage the services of an employee or
a caregiver who has been convicted of one of the crimes listed in this
section.
(G) Application forms for renewal of a statement of standard
conformity or approval issued under this chapter by the department for
individual public child day care centers or group day care homes must
include, at the top of the form in large bold type, a statement indicating
that a person who has been convicted of one of the crimes listed in this
section who applies for a license as operator, applies for employment
with, is employed by, seeks to provide caregiver services with, or is a
caregiver at a facility is guilty of a misdemeanor and, upon conviction,
must be fined not more than five thousand dollars or imprisoned not
more than one year, or both."
Family day care registration; fingerprint reviews required; crimes
prohibited; criminal penalties
SECTION 5. Section 20-7-2850 of the 1976 Code is amended to
read:
"Section 20-7-2850. (A) Registration must be completed on
forms supplied by the department and in the manner it prescribes.
(B) Before becoming a registered operator the applicant shall:
(1) sign a statement that he has read the suggested standards
developed by the department under Section 20-7-2980;
(2) furnish the department with a signed statement by each
consumer parent verifying that the operator has provided each consumer
parent with a copy of the suggested standards for family day care homes
and the procedures for filing complaints;
(3) upon request, provide the department with any facts, conditions,
or circumstances relevant to the operation of the family day care home,
including references and other information regarding the character of the
family day care home operator.
(C) A person applying to become a registered operator of a family
day care home under this chapter or seeking employment or seeking to
provide caregiver services at a family day care home registered under this
chapter shall undergo a state fingerprint review to be conducted by the
State Law Enforcement Division to determine any state criminal history
and a fingerprint review to be conducted by the Federal Bureau of
Investigation to determine any other criminal history. The fingerprint
reviews required by this subsection are not required upon each renewal
unless the renewal coincides with employment of a new operator,
employee, or caregiver.
(D) No applicant may be registered as an operator if the person, his
employees, or his caregivers have been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the
Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this
subsection committed in other jurisdictions or under federal law.
(E) No family day care home may employ or engage the services of
an operator, an employee, or a caregiver who has been convicted of one
of the crimes listed in this section. A person who has been convicted of
one of the crimes listed in this section who applies for approval as an
operator at, applies for employment with, is employed by, seeks to
provide caregiver services with, or is a caregiver at a facility registered
under this section is guilty of a misdemeanor and, upon conviction, must
be fined not more than five thousand dollars or imprisoned not more than
one year, or both.
(F) Application forms for registration issued under this chapter by the
department and application forms for employment at a family day care
home must include, at the top of the form in large bold type, a statement
indicating that a person who has been convicted of one of the crimes
listed in this section who applies for a license as operator, applies for
employment with, is employed by, seeks to provide caregiver services
with, or is a caregiver at a facility is guilty of a misdemeanor and, upon
conviction, must be fined not more than five thousand dollars or
imprisoned not more than one year, or both."
Family day care registration renewal; date fingerprint reviews to be
completed
SECTION 6. Section 20-7-2860 of the 1976 Code is amended to
read:
"Section 20-7-2860. (A) A statement of registration must be
issued when the family day care operator satisfactorily completes the
procedures prescribed by this subarticle. The current statement must be
displayed in a prominent place in the facility at all times.
(B) Registration expires at the end of one year from the date of
issuance of the statement of registration. Registration may be renewed
according to the procedures developed by the department.
(C) A person applying for renewal of registration as an operator of a
family day care home registered under this chapter and a person
employed or providing caregiver services at a family day care home
registered under this chapter, who has not done so previously, on the first
renewal after June 30, 1995, or by June 30, 1996, whichever is later,
shall undergo a state fingerprint review to be conducted by the State Law
Enforcement Division to determine any state criminal history and a
fingerprint review to be conducted by the Federal Bureau of Investigation
to determine any other criminal history.
(D) Application forms for registration renewal issued under this
chapter by the department for a family day care home must include, at
the top of the form in large bold type, a statement indicating that a
person who has been convicted of one of the crimes listed in this section
who applies for a license as operator, applies for employment with, is
employed by, seeks to provide caregiver services with, or is a caregiver
at a facility is guilty of a misdemeanor and, upon conviction, must be
fined not more than five thousand dollars or imprisoned not more than
one year, or both.
(E) The department may withdraw the statement of registration if one
or more of the following apply:
(1) The health and safety of the children require withdrawal.
(2) The facility has enrolled children beyond the limits defined in
this subarticle.
(3) The operator fails to comply with the registration procedures
provided in this subarticle."
Church day care registration; convictions prohibited; fingerprints
required; date fingerprint reviews to be completed
SECTION 7. Section 20-7-2900 of the 1976 Code is amended to
read:
"Section 20-7-2900. (A) No church congregation or established
religious denomination or religious college or university which does not
receive state or federal financial assistance for day care services may
operate a child day care center or group day care home unless it complies
with the requirements for registration and inspection and the regulations
for health and fire safety as set forth in Sections 20-7-2910 through
20-7-2970. Registration expires at the end of one year from the date of
issuance of the statement of registration. Registration may be renewed
according to the procedures developed by the department.
(B) No license or registration may be issued to a church congregation,
established religious denomination, or religious college or university if a
person who provides service as an operator, caregiver, or employee at the
child care facility has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the
Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this
subsection committed in other jurisdictions or under federal law.
(C) No facility may employ or engage the services of an operator or
any person who has been convicted of one of the crimes listed in this
section.
(D) A person who has been convicted of one of the crimes listed in
this section who seeks to provide services as an operator, applies for
employment with, is employed by, seeks to provide caregiver services
with, or is a caregiver at a church or religious day care center is guilty of
a misdemeanor and, upon conviction, must be fined not more than five
thousand dollars or imprisoned not more than one year, or both.
(E) Application forms for licensure or registration issued under this
chapter by the department and application forms for employment at a
church congregation, established religious denomination, or religious
college or university must include, at the top of the form in large bold
type, a statement indicating that a person who has been convicted of one
of the crimes listed in this section who applies for a license as operator,
applies for employment with, is employed by, seeks to provide caregiver
services with, or is a caregiver at a facility is guilty of a misdemeanor
and, upon conviction, must be fined not more than five thousand dollars
or imprisoned not more than one year, or both.
(F) A person applying for a license or registration as an operator of a
church or religious day care center or seeking employment or seeking to
provide caregiver services at a church or religious day care center shall
undergo a state fingerprint review to be conducted by the State Law
Enforcement Division to determine any state criminal history and a
fingerprint review to be conducted by the Federal Bureau of Investigation
to determine any other criminal history. The fingerprint reviews required
by this subsection are not required upon each renewal unless the renewal
coincides with employment of a new operator, employee, or
caregiver.
(G) A person applying for renewal of a license or registration as an
operator of a church or religious day care center licensed or registered
under this chapter and a person employed or registered under this
chapter, who has not done so previously, on the first renewal after June
30, 1995, or by June 30, 1996, whichever is later, shall undergo a state
fingerprint review to be conducted by the State Law Enforcement
Division to determine any state criminal history and a fingerprint review
to be conducted by the Federal Bureau of Investigation to determine any
other criminal history."
Criminal history review charge
SECTION 8. The 1976 Code is amended by adding:
"Section 20-7-2905. The State Law Enforcement Division may
not impose a fee of more than twenty-five dollars to conduct a state
criminal history review as required by the provisions of this
subarticle."
DSS Day Care Licensing and Child Protective Services Division
employees to undergo fingerprinting; crimes prohibited
SECTION 9. The 1976 Code is amended by adding:
"Section 20-7-3097. Before the Department of Social Services
employs a person in its day care licensing or child protective services
divisions the person shall undergo a state fingerprint review to be
conducted by the State Law Enforcement Division to determine any state
criminal history and a fingerprint review to be conducted by the Federal
Bureau of Investigation to determine any other criminal history. No
person may be employed in these divisions if the person has been
convicted of or pled guilty or nolo contendere to:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the
Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this
subsection committed in other jurisdictions or under federal
law."
Day care center violation citation to be accompanied by explanatory
brochure
SECTION 10. The 1976 Code is amended by adding:
"Section 20-7-3098. At any time the department cites a child
day care center, group day care home, or family day care home for a
violation of this chapter or regulations promulgated pursuant to this
chapter, the department shall provide the owner and operator of the
center with a brochure stating, in language easily understood the rights
and procedures available to the owner or operator for a hearing in
accordance with the department's fair hearing regulations and the rights
and procedures available to appeal a decision rendered under the
department's fair hearing process."
Time effective
SECTION 11. This act takes effect July 1, 1995.
Approved the 12th day of June, 1995. |