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Senator COURTNEY explained the Bill.

H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.

Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

Senator SALEEBY proposed the following amendment (3269EES.MLP#1):

Amend the Committee Report, as and if amended, Section 2, page 3269-2, after line 19 by adding the following:

/(C) Subsection (B) applies only to multi-level Continuing Care Retirement Communities which incorporate a skilled nursing facility.

(D) The Continuing Care Retirement Community shall not bill in excess of its costs. These costs will be determined on non-facility based Medicare and/or Medicaid standards."/

Amend title to conform.

Senator BRYAN explained the amendment.

The Medical Affairs Committee proposed the following amendment (JIC\5716AC.96), which was adopted:

Amend the bill, as and if amended, by deleting SECTION 2 beginning on page 1 and inserting:

/SECTION 2. Section 44-69-75 of the 1976 Code is amended to read:

"Section 44-69-75. (A) All A home health agencies agency shall obtain a certificate of need prior to before licensure. Procedures for applying for such a certificate shall must be in accordance with the provisions of the `State Hospital Construction and Franchising Certification of Need and Health Facility Licensure Act'. No such certificate shall be is required for those home health agencies providing home health services prior to before July 1, 1980.

(B) A continuing care retirement community licensed pursuant to Title 37, Chapter 11, may provide home health services and is exempt from subsection (A) if:

(1) the continuing care retirement community furnishes or offers to furnish home health services only to residents who reside in living units provided by the continuing care retirement community pursuant to a continuing care contract;

(2) the continuing care retirement community maintains a current license and meets applicable home health agency licensing standards;

(3) residents of the continuing care retirement community may choose to obtain home health services from other licensed home health agencies.

For purposes of this subsection `resident', `living unit', and `continuing care contract' have the same meanings as provided in Section 37-11-20."/

Amend title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

H. 3992 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD3992.001), which was adopted:

Amend the bill, as and if amended, page 2, line 15, in Section 20-7-1440(D), as contained in SECTION 1, by inserting after the word /or/ the following:

/ if the defendant /.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.

Senator FAIR proposed the following amendment (PFM\9414AC.96), which was adopted:

Amend the committee report, as and if amended, by deleting Section 20-7-650, page 21, and inserting:

/Section 20-7-650. (A) It is the purpose of this section to encourage the voluntary acceptance of any service offered by the child protective service agency department in connection with child abuse and neglect or another problem of a nature affecting the stability of family life.

(B) The local child protective service agencies department must be staffed adequately with persons trained in the investigation of suspected child abuse and neglect and in the provision of services to abused and neglected children and their families.

(C) Within twenty-four hours of the receipt of a report of suspected child abuse or neglect or within twenty-four hours after the department has assumed legal custody of a child pursuant to Section 20-7-610(F) or (G) or within twenty-four hours after being notified that a child has been taken into emergency protective custody, the agency department must begin an appropriate and thorough investigation to determine whether a report of suspected child abuse or neglect is `indicated' or `unfounded'. The finding must be made no later than forty-five sixty days from the receipt of the report. In conducting the investigation, if the facts so warrant the agency investigator may petition the family court of the appropriate judicial circuit for a warrant to inspect the premises and condition of the

(D) The department may file with the family court an affidavit and a petition to support issuance of a warrant at any time after receipt of a report. The family court shall issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the condition of the child, to inspect the premises where the child may be located or may reside, and to obtain copies of medical, school, or other records concerning the child.

(E) The department or law enforcement, or both, may interview the child alleged to have been abused or neglected and any other child in the household during the investigation. The interviews may be conducted on school premises, at day care facilities, at the child's home or at other suitable locations and in the discretion of the department or law enforcement, or both, may be conducted outside the presence of the parents. To the extent reasonably possible, the needs and interests of the child must be accommodated in making arrangements for interviews, including time, place, method of obtaining the child's presence, and conduct of the interview. The department or law enforcement, or both, shall provide notification of the interview to the parents as soon as reasonably possible during the investigation if notice will not jeopardize the safety of the child or the course of the investigation. All state, law enforcement, and community agencies providing child welfare intervention into a child's life should coordinate their services to minimize the number of interviews of the child to reduce potential emotional trauma to the child.

(D)(F) Indicated findings must be based upon a finding of the facts available to the agency department that abuse or neglect is more likely than not to have occurred supported by a preponderance of evidence. Whenever the facts available to the agency indicate a lesser finding,

(G) All reports that are not indicated must be classified as `unfounded'. Unfounded reports must be further classified as either Category I, Category II, or Category III.

(1) Category I unfounded reports are those in which abuse and neglect was ruled out following the investigation. A report falls in this category if evidence of abuse or neglect as defined in this article was not found regardless of whether the family had other problems or was in need of services.

(2) Category II unfounded reports are those in which the evidence produced by the investigation was inconclusive as to whether abuse or neglect occurred. A report falls in this category if there is evidence of abuse or neglect as defined in this article but not enough evidence to constitute a preponderance of evidence. This category does not include cases in which the family had other problems that are not within the definition of abuse and neglect in Section 20-7-490.

(3) Category III unfounded reports are those in which an investigation could not be completed because the department was unable to locate the child or family or for some other compelling reason.

(E)(H) Reports of child abuse and neglect must be entered immediately into the automated statewide Central Registry of Child Abuse and Neglect. Reports of child abuse and neglect must be entered into the registry and maintained in the agency department files in one of four categories: Suspected, Unfounded, Indicated, or Affirmative Determination. If the report is categorized as unfounded, the entry must further state the classification of unfounded report as set forth in subsection (G). All initial reports must be deemed suspected. Reports of suspected child abuse and neglect must be maintained for no more than sixty days after the report was received by the agency department. On or before the expiration of that time, they shall reports must be converted into either unfounded or indicated reports, pursuant to the agency's investigation. Upon an affirmative determination, indicated reports must be converted to the category of `affirmative determination'.

(1) Indicated reports must be maintained by the agency on the central and local registries only when accompanied by supplemental information a description of services being provided as required under subsection (D)(F).

(3) If no finding has been made by the agency after sixty days from the date a report was received, it must be classified `Unfounded for want of an investigation.'

(4)(2) Affirmative determinations may be maintained by the agency department only when accompanied by a description of services being provided the child and those responsible for his welfare, as well as all and relevant dispositional information.

(F)(I) The names, addresses, and all other identifying characteristics of persons named in all unfounded reports in Category I maintained in agency department files may be used only for auditing and statistical purposes. All identifying information contained in unfounded reports must be destroyed immediately after use of the information for auditing and statistical purposes, and in no case later than one year from the date that the last report has been determined to be unfounded; provided, however, that all information in any such the report which is unnecessary for auditing and statistical purposes must be destroyed immediately upon a determination that such the report is unfounded and the remaining information must be kept strictly confidential except for auditing and statistical purposes. If an unfounded report is in Category II or Category III, the report and related information may be retained by the department in its records for one year for use by department staff or law enforcement agencies in relation to child abuse and neglect investigations or proceedings involving the subject of the report or the same child. The department may not use the information in records or entries of Category II or III unfounded reports for any purpose other than child abuse and neglect proceedings involving the same subject or the same child and auditing and statistical purposes. Notwithstanding Section 20-7-690 or any other provision of law, no information contained in unfounded reports may be disclosed under any circumstances. However, except that:

(1) the confidentiality and disclosure provisions of this subsection do not apply to information requested by the Department of Child Fatalities pursuant to Section 20-7-5930; and the information pertaining to an unfounded case must be released to the Department of Child Fatalities when the request is made pursuant to Section 20-7-5930.

(2) information in records concerning Category II or III unfounded reports may be disclosed to a law enforcement agency investigating a child abuse or neglect case involving the subject of the report or the same child.

If an unfounded report is in Category I, only information necessary for auditing and statistical purposes may be retained in department records or

(G)(J) 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 or 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. Upon a determination that more likely than not a person who is the subject of a report as defined by in Section 20-7-690(E) 20-7-490 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 department's files. This provision does not prohibit the agency department 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 the child's welfare.

(H)(K) A family court order resulting from proceedings initiated by the agency department pursuant to Sections 20-7-738 and 20-7-736 must include a judicial determination for inclusion in the statewide Central Registry of Child Abuse and Neglect of whether or not the subject of the report more likely than not abused or neglected the child.

(I)(L) The local child protective service agency 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 such these children. Services must not be construed to include emergency protective custody provided for in Section 20-7-736.

(K)(N) After the initiation of protective services by the agency, if those receiving services indicate a refusal to cooperate, the agency shall withdraw. If the facts so warrant, the agency may petition the family court to invoke the jurisdiction of the court under the Family Court Act to intervene, but the agency may not threaten action to coerce participation. The department shall 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;

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

(L)(O) The agency department shall cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the child protective services agency department. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the agency department shall notify the appropriate law enforcement agency of those facts within twenty-four hours of the agency's department's finding for the purposes of police investigation. The law enforcement agency shall file a formal incident report at the time it is notified by the agency department of the finding. When the intake report is of alleged sexual abuse, the agency 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. The law enforcement agency shall file a formal incident report at the time it is notified of the alleged sexual abuse. In cases where the agency retains custody of the minor child(ren) and

(M)(P) The agency department actively shall 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.

(N)(Q) The local child protective service agency office of the department responsible for situated in the county of the mother's legal residence shall provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local child protective service agency office is the responsibility of the agency or institution with custody of the mother.

(O)(R) The agency in all instances shall act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Services pursuant to this chapter./

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

The General Committee proposed the following amendment (PFM\9422AC.96), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . The 1976 Code is amended by adding:

"Section 20-7-95. A parent, guardian, or other person responsible for the care and support of a child may not be charged with unlawful neglect of a child, cruelty to a child, failure to provide reasonable support of a child, or a similar offense based on the exclusion from the home of a seventeen-year-old child where there is a demonstrable record that the child is incorrigible (beyond the control of parents)."/;

Amend further, as and if amended, Section 20-7-490(1), page 3, line 39, by deleting /seventeen eighteen/ and inserting /eighteen/;

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