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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 7, 2008
S. 311
S. Printed 5/7/08--H.
Read the first time April 1, 2008.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2723 SO AS TO REQUIRE ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES THAT DO NOT CARRY LIABILITY INSURANCE TO OBTAIN STATEMENTS FROM EACH PARENT OR GUARDIAN OF A CHILD ENROLLED IN THE CHILDCARE FACILITY INDICATING THAT THE PARENT HAS RECEIVED NOTICE FROM THE FACILITY THAT THE FACILITY DOES NOT CARRY LIABILITY INSURANCE, TO REQUIRE A GROUP CHILDCARE HOME OR FAMILY CHILDCARE HOME WHOSE LIABILITY INSURANCE LAPSES OR IS CANCELED AND NOT REPLACED TO OBTAIN A STATEMENT FROM THE PARENT OR GUARDIAN OF A CHILD ENROLLED IN THAT CHILDCARE FACILITY, TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INFORM EACH GROUP CHILDCARE HOME AND FAMILY CHILDCARE HOME OF THIS REQUIREMENT, AND TO PROVIDE THAT COMPLIANCE WITH THIS SECTION IS A CONDITION OF LICENSURE.
Amend Title To Conform
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) An owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700, who does not carry liability insurance for the operation of his childcare business, shall, by no later than January 1, 2009, obtain signed statements from the custodial parent or parents or guardian or guardians of each child currently enrolled in the childcare center, group childcare home, or family childcare home indicating that the parent or parents or guardian or guardians have received notice that the childcare center, group childcare home, or family childcare home does not carry liability insurance for the operation of its childcare business. The owner or operator of a childcare center, group childcare home, or family childcare home must maintain a file of these signed statements at the home during the period of time a child is enrolled. For new enrollees to a childcare center, group childcare home, or family childcare home, the owner or operator must provide the parent or parents or guardian or guardians of a new enrollee with this information at the time of enrollment, obtain a signed statement from each parent or guardian at the time of enrollment, and maintain these signed statements at the home during the period of time a child is enrolled.
(B) If an owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700, has liability insurance for the operation of his childcare business that lapses or is canceled and not reinstated or replaced, the owner or operator shall obtain and maintain statements in accordance with subsection (A) from the custodial parent or parents or guardian or guardians of each child enrolled in the childcare center, group childcare home, or family childcare home no later than thirty days after the liability insurance lapses or is canceled.
(C) The department shall send a letter to each childcare center, group childcare home, and family childcare home licensed or registered as of June 30, 2008, with the department informing each home of the requirements of subsections (A) and (B), that each home must comply with these requirements by no later than January 1, 2009, and that compliance is a requirement for initial licensure and a continuing annual requirement for relicensure. For childcare centers, group childcare homes, and family childcare homes licensed or registered after June 30, 2008, the department shall provide the information contained in subsections (A) and (B) at the time the childcare center, group childcare home, or family childcare home applies for a license or registration."
SECTION 2. A. Subarticle 11, Article 13, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-2727. An owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700, must notify and obtain signed statements from the custodial parent or parents or guardian or guardians of each child upon enrollment of the child in the childcare center, group childcare home, or family childcare home indicating that the parent or parents or guardian or guardians have received notice that the childcare center, group childcare home, or family childcare home may provisionally employ a person in order to comply with Section 20-7-680(G) and Section 20-7-2725(D) when an unexpected staff vacancy occurs. Provisional employment may only occur pursuant to the provisions of Section 20-7-2725(D).
B. Within sixty days of this act's effective date, An owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700 of the 1976 Code, must notify and obtain signed statements pursuant to the provisions of Section 20-7-2727 from the custodial parent or parents or guardian or guardians of each child enrolled on this act's effective date in the childcare center, group childcare home, or family childcare home ." /
SECTION 3. Section 20-7-2725(D) of the 1976 Code, as added by Act 444 of 1996, is amended to read:
"(D)(1) To be employed by or to provide caregiver services at a childcare facility licensed, registered, or approved under this subarticle, a person first 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, and a Central Registry check conducted by the department to determine any abuse or neglect perpetrated by the person upon a child. A person may be provisionally employed or may provisionally provide caregiver services after the favorable completion of the State Law Enforcement Division fingerprint review online background catch and until such time as the State Law Enforcement Division fingerprint review, the Federal Bureau of Investigation review, and the Central Registry check is completed if the person affirms in writing on a form provided by the department that he or she has not been convicted of any crime enumerated in this section. A person provisionally employed must be under supervision of a nonprovisionally employed person at all times when providing direct care to children. Provisional status must be immediately terminated if the requests for the State Law Enforcement Division fingerprint review, the Federal Bureau of Investigation fingerprint review, and the Central Registry check are not submitted within two business days of employment. If an owner or operator of a childcare facility licensed, registered, or approved under this subarticle violates the requirements of this subsection, the owner or operator may not employ a person provisionally for the succeeding twelve months. The results of the fingerprint reviews are valid and reviews are not required to be repeated as long as the person remains employed by or continues providing caregiver services in a childcare center, group childcare home, family childcare home, or church or religious childcare center; however, if a person is not employed or does not provide caregiver services for one year or longer, the fingerprint reviews must be repeated.
(2) For purposes of this subsection, the department must complete the Central Registry check within two business days after receipt of the request. For all other Central Registry checks required by Section 20-7-680, the department must complete the check within four business days after receipt of the request."
SECTION 4. This act takes effect June 30, 2008.
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