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TO AMEND CHAPTER 7, TITLE 20 OF THE 1976 CODE, RELATING TO CHILDCARE FACILITIES, BY ADDING SECTION 20-7-2723 TO REQUIRE THAT ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES ACQUIRE AND MAINTAIN DAY CARE LIABILITY INSURANCE IN THE AMOUNT OF AT LEAST ONE HUNDRED THOUSAND DOLLARS PER OCCURRENCE AND THREE HUNDRED THOUSAND DOLLARS IN THE TOTAL AGGREGATE AMOUNT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-2723. (A) All group childcare homes and family childcare homes, as defined by Section 20-7-2700, must either maintain in force day care liability insurance with a licensed South Carolina insurer covering injury to clients and guests in the amount of at least one hundred thousand dollars per occurrence and three hundred thousand dollars in the total annual aggregate, sustained on account of the negligence of the licensee, registrant, or employees, or a bond in the aggregate amount of three hundred thousand dollars.
(B) As used in this section and unless otherwise defined, 'day care liability insurance' means insurance protection against the day care liability of the insured and against the loss, damage, or expense incident to a claim arising out of day care services to a person as the result of negligence in rendering or failing to render day care service.
(C) Operators of group childcare homes licensed prior to the effective date of this section must provide proof that the group childcare home is covered by the required amount of day care liability insurance to the department not more than thirty days after the effective date of this section. Operators of group childcare homes that become licensed after the effective date of this section must provide proof of insurance to the department not more than thirty days after receiving a license. Thereafter, all group childcare homes must maintain day care liability insurance and provide proof of continuing coverage to the department each time the license is renewed.
(1) A group childcare home that fails to obtain day care liability insurance or provide proof of insurance not more than thirty days after the effective date of this section, or not more than thirty days after obtaining an initial license, shall have its license revoked.
(2) A group childcare home that fails to maintain insurance or provide proof of continuing coverage during the licensed period and when the license is renewed, or at any inspection by the department, shall have its license revoked or not renewed.
(D) Operators of family childcare homes registered prior to the effective date of this section must provide proof that the family childcare home is covered by the required amount of day care liability insurance to the department not more than thirty days after the effective date of this section. Operators of family childcare homes that register after the effective date of this section must provide proof of insurance to the department not more than thirty days after receiving a statement of registration. Thereafter, all family childcare homes must maintain day care liability insurance and provide proof of continuing coverage to the department each time the registration is renewed.
(1) A family childcare home that fails to obtain day care liability insurance or provide proof of insurance not more than thirty days after the effective date of this section, or not more than thirty days after obtaining a statement of registration shall have its statement of registration withdrawn.
(2) A family childcare home that fails to maintain insurance or provide proof of continuing coverage during the licensed period and when the registration is renewed, or at any visit by the department, shall have its statement of registration withdrawn or not renewed."
(E) Until July 1, 2005, group childcare homes and family childcare homes may either maintain liability insurance or a bond, or maintain a file of affidavits signed by each parent or guardian with a child enrolled in the home. The affidavit shall state that the parent has been informed that the family day care home does not carry day care liability insurance or a bond. These affidavits shall be on a form provided by the department and shall be reviewed at each inspection or visit by the department. After July 1, 2005, all group childcare homes and family childcare homes must have in force day care liability insurance or maintain a bond, as required in subsection (A) of this section."
SECTION 2. This act takes effect upon approval by the Governor.
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