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COMMITTEE AMENDMENT ADOPTED
March 25, 1999
S. 199
S. Printed 3/25/99--S.
Read the first time January 12, 1999.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A REGISTRATION STATEMENT FOR A RELIGIOUS DAY CARE CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE THE CENTER OPERATOR TO DISPLAY THE REGISTRATION AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS UNDER DAY CARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD DAY CARE FACILITIES", "GROUP DAY CARE HOME", AND "FAMILY DAY CARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAY CARE HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; AND TO AMEND SECTION 20-7-3030, RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS TO DELETE THE PROVISION PROHIBITING AN APPEAL OF THESE ORDERS AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-2915. A statement of registration must be issued when the church or religious child day care operator or group day care home operator satisfactorily completes the procedures prescribed by this subarticle. An application for a statement of registration must include the name and address of the director, the address of the facility, and the number of children who may be served. Failure of the department to approve or deny an application within ninety days shall result in the granting of a provisional registration. The current statement of registration must be displayed in a prominent place in the facility at all times and the registration number must be stated in all advertisements of the church or religious day care center or group day care home."
SECTION 2. Section 20-7-2700 b. of the 1976 Code, as last amended by Act 444 of 1996, is further amended to read:
"b. 'Child day care facilities' means any a facility which provides care, supervision, or guidance for any a minor child who is not related by blood, marriage, or adoption to the owner or operator of such a the facility whether or not the facility is operated for profit and whether or not the facility makes a charge for services offered by it. This definition includes, but is not limited to, day nurseries, nursery schools, day care centers, group day care homes, and family day care homes. The term does not include:
(1) any an educational facility, whether private or public, which operates solely for educational purposes in grades grade one or above;
(2) five-year-old kindergarten programs operated by public school systems;
(3) kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age;
(4) kindergartens or nursery schools or other daytime programs operated as part of a private school and receiving children younger than lawful school age for four hours a day or less, with or without stated educational purposes;
(5) facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis as defined in this subarticle while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available; provided, however, that such these facilities must meet local fire and sanitation requirements and maintain documentation on these requirements on file at the facility available for public inspection;
(6)(5) school vacation or school holiday resident or day camps for children operating in distinct sessions running less than three weeks per session unless the day camp permits children to enroll in successive sessions so that their total attendance may exceed three weeks;
(6) summer resident camps for children;
(7) bible schools normally conducted during vacation periods;
(8) facilities for the mentally retarded provided for in Article 3 of Chapter 21, of Title 44;
(9) facilities for the mentally ill as provided for in Section 44-17-10 of the 1976 Code Chapter 17, Title 44;
(10) child day care centers and group day care homes owned and operated by a local church congregation or an established religious denomination or a religious college or university which does not receive state or federal financial assistance for day care services; provided, however, that such these facilities must comply with the provisions of Sections 20-7-2900 through 20-7-2970 20-7-2975 and provided, further, that they these facilities may voluntarily may elect to become licensed according to the process as set forth in Sections 20-7-2700 through 20-7-2780 and Sections 20-7-2980 through 20-7-3090."
SECTION 3. Section 20-7-2700 f. and g. of the 1976 Code is amended to read:
"f. 'Group day care home' means any a facility, generally within a dwelling unit, within a residence occupied by the operator which regularly provides child day care for at least seven but not more than twelve children, unattended by a parent or a legal guardian, including those children living in the home and children received for day care who are related to the resident care giver. Provided, However, that an occupied residence in which child day care is regularly provided only for a child or children related to the resident care giver, or only for the child or children of one unrelated family, or only for a combination of such these children is not a group day care home.
g. 'Family day care home' means an occupied residence a facility within a residence occupied by the operator in which child day care is regularly provided for no more than six children, unattended by a parent or legal guardian, including those children living in the home and children received for day care who are related to the resident care giver. Provided, however, that However, an occupied residence in which child day care is regularly provided only for a child or children related to the resident care giver, or only for the child or children of one unrelated family, or only for a combination of such these children is not a family day care home."
SECTION 4. Section 20-7-2700 of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:
"aa. 'Summer resident camp for children' means a twenty-four hour residential program offered during the summer that provides recreational activities for children.
bb. 'Summer day camp for children' means a program offered during the summer that provides recreational activities primarily during daytime hours throughout the period of the program and may include an occasional overnight activity under the supervision of the operator.
cc. 'Infant' means a child age twelve months or younger for the purposes of this chapter."
SECTION 5. Section 20-7-2780 a. of the 1976 Code is amended to read:
"a. Each child day care center or group day care home shall maintain its current license displayed in a prominent place at all times and must state its license number in all advertisements of the child day care center or group day care home."
SECTION 6. Section 20-7-2840 (A) of the 1976 Code is amended to read:
" (A) As used in this subarticle, 'family day care home' means an occupied residence a facility within a residence occupied by the operator in which child day care regularly is provided for no more than six children, unattended by a parent or legal guardian, including those children living in the home and the children received for day care who are related to the resident caregiver. However, an occupied residence in which child day care regularly is provided only for a child or children related to the resident caregiver or only for the child or children of one unrelated family, or only for a combination of these children, is not a family day care home."
SECTION 7. Section 20-7-2860(A) of the 1976 Code is amended to read:
"(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 and the registration number must be stated in all advertisements of the family day care home."
SECTION 8. Section 20-7-2900 of the 1976 Code, as last amended by Act 444 of 1996, is further 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 20-7-2975 and requirements applicable to private and public day care centers and group day care homes for floor space, child-staff ratios, and staff training. Application for registration must be made on forms supplied by the department and in the manner it prescribes. Registration expires at the end of one year two years from the date of issuance of the statement of registration. Registration may be renewed according to the procedures developed by the department.
(B) Before issuing a registration, the department shall conduct an investigation of the applicant. This investigation is limited to:
(1) the results of the criminal history review required by subsection (G);
(2) the requirements for registration and inspection and the regulations for health and fire safety provided for in Sections 20-7-2910 through 20-7-2975; and
(3) requirements applicable to private and public day care centers and group day care homes for floor space, child-staff ratios, and staff training.
(B)(C) 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, care giver, 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)(D) Application forms for licensure or registration issued under this subarticle must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in this section who applies for a license or registration as operator 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.
(D)(E) A person applying for a license or registration as an operator of 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.
(E)(F) Application forms for licensure or registration issued under this chapter by the department and application forms for employment at a facility operated by 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 care giver services with, or is a care giver 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)(G) 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 care giver 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 care giver.
(G)(H) 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, 1996, 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."
SECTION 9. Section 20-7-2910 of the 1976 Code is amended to read:
"Section 20-7-2910. It shall be the responsibility of The child day care operator to shall notify the department of the fact of its operation and existence and to request inspection of the facility. It shall be the responsibility of shall submit a formal request for inspection of the child care facility to the department. The department to shall request that the local the appropriate state health and fire safety agencies to conduct an inspection of the facility at least annually before renewal of the registration and more often if necessary to insure ensure compliance with health and fire safety regulations. If there be no local health and safety agencies to conduct the inspection, then the appropriate state agency will conduct the inspection. The department shall register any such the day care facility upon notification from health and fire safety agencies that the day care facility is in compliance with such these regulations.
The applicable regulations applied shall must be the same health and fire safety regulations applied to other facilities regulated under this subarticle as set forth in the December 28, 1976 regulations as filed with the Secretary of State by the department for Child Day Care Centers and Group Day Care Homes."
SECTION 10. Section 20-7-2920 of the 1976 Code, as last amended by Act 368 of 1990, is further amended to read:
"Section 20-7-2920. The department may seek an injunction against the continuing operation of a child day care center or group day care home in the family court having jurisdiction over the county in which the facility is located when:
(1) the facility is operating without having requested the appropriate inspections;
(2) there is a violation of the health and fire safety regulations as set forth by Sections 20-7-2910 through 20-7-2970 which threaten serious harm to children in the facility;
(3) an operator repeatedly has violated the health and fire safety regulations the facility is deemed to be out of compliance with the provisions of Sections 20-7-2900 and 20-7-2910."
SECTION 11. Section 20-7-3030 of the 1976 Code is amended to read:
"Section 20-7-3030. The department shall have power to issue a declaratory order to any applicant regarding approval of drawings and specifications related to construction or renovations proposed by a facility. Such order shall specifically state each factor to be considered and shall clearly indicate the department's probable approval or disapproval of each factor. No appeal of a declaratory order shall be permitted. No facet of a facility constructed in compliance with a declaratory order of the department shall serve as a basis for a refusal by the department to license or approve a facility Upon request of an applicant or operator, the department shall offer consultation to address any aspect of compliance with this subarticle or the regulations promulgated under this subarticle. Consultation includes, but is not limited to, review and comment on drawings and specifications related to construction and renovations proposed by a facility."
SECTION 12. This act takes effect October 1, 1999.
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