South Carolina Code of Laws
Chapter 20 - South Carolina Intellectual Disability, Related Disabilities, Head Injuries, And Spinal Cord Injuries Act
Section 44-20-900. Injunctions; sufficiency of complaint; fines and penalties.

(A) The department, in accordance with the laws of the State governing injunctions and other processes, may maintain an action in the name of the State against a person for establishing, conducting, managing, or operating a day program for the care, training, and treatment of a person with intellectual disability, a related disability, head injury, or spinal cord injury without obtaining a license as provided in this article. In charging a defendant in a complaint in the action, it is sufficient to charge that the defendant, upon a certain day and in a certain county, provided day program services without a license, without averring more particular facts concerning the charge.
(B) A person violating the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense and two thousand dollars for a subsequent offense. Each day the day program operates after a first conviction is considered a subsequent offense.
HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 44 - Health

Chapter 20 - South Carolina Intellectual Disability, Related Disabilities, Head Injuries, And Spinal Cord Injuries Act

Section 44-20-10. Short title.

Section 44-20-20. Purpose of chapter.

Section 44-20-30. Definitions.

Section 44-20-210. Creation of South Carolina Commission on Disabilities and Special Needs; membership; terms of office; removal; vacancies.

Section 44-20-220. Duties of Commission; per diem; appointment of Director of Disabilities and Special Needs; advisory committees.

Section 44-20-230. Powers and duties of director.

Section 44-20-240. Creation of Department of Disabilities and Special Needs; divisions.

Section 44-20-250. Powers and duties of Department.

Section 44-20-255. Ownership of property confirmed in Department of Disabilities and Special Needs; retention of subsequent sales proceeds.

Section 44-20-260. Research programs.

Section 44-20-270. Administration of federal funds.

Section 44-20-280. Contracts for expansion of service.

Section 44-20-290. Security guards; powers; bonds.

Section 44-20-300. Motor vehicle liability insurance for employees of department.

Section 44-20-310. Sale of timber from forest lands; disposition of funds.

Section 44-20-320. Acceptance of gifts, etc. by department; policies and regulations.

Section 44-20-330. Granting of easements, permits, or rights-of-way by department.

Section 44-20-340. Records and reports pertaining to client; confidentiality of information; waiver.

Section 44-20-350. Reimbursement to State for its fiscal outlay on behalf of department; charge for services; hearing and review procedures; collection of claims.

Section 44-20-355. Fee for Intermediate Care Facilities for persons with intellectual disability; proceeds to general fund.

Section 44-20-360. Midlands Center, Coastal Center, Pee Dee Center, and Whitten Center designated as independent school districts.

Section 44-20-365. Closing regional centers to be authorized by law.

Section 44-20-370. Notification of applicant qualifying for services; county programs; training programs.

Section 44-20-375. County boards of disabilities and special needs; establishment; recognition.

Section 44-20-378. Composition of board; tenure.

Section 44-20-380. Funds for county boards of disabilities and special needs.

Section 44-20-385. Additional powers and duties of county boards of disabilities and special needs.

Section 44-20-390. Initial intake and assessment service for person believed to be in need of services; service plans; residency requirements.

Section 44-20-400. Admission of person to services of Department for evaluation and diagnosis; form for application.

Section 44-20-410. Requirement for admission to services.

Section 44-20-420. Designation of service or program in which client is placed.

Section 44-20-430. Final authority over applicant eligibility.

Section 44-20-440. Admission of client upon request of parent, spouse, lawful custodian or legal guardian, or upon request of applicant.

Section 44-20-450. Proceedings for involuntary admission; petition; hearing; service of notice; guardian ad litem; right to counsel; report; termination of proceedings; order of admission; appeal; confinement in jail prohibited.

Section 44-20-460. Discharge of client; detention of voluntarily admitted client; venue for judicial admission; protective custody for client.

Section 44-20-470. Return of nonresident person with intellectual disability or related disability to agency of state of his residency; reciprocal agreements with other states; detention of person returned by out-of-state agency; expenses.

Section 44-20-480. Placement of client out of home; payment for services.

Section 44-20-490. Placement of client in employment situation; sheltered employment and training programs; compensation of clients.

Section 44-20-500. Order of confinement for client.

Section 44-20-510. Attendance of client in community based public school classes.

Section 44-20-710. Licensing of facilities and programs.

Section 44-20-720. Minimum standards of operation and license programs.

Section 44-20-730. Criteria for issuance of license.

Section 44-20-740. Restrictions as to services; number of clients; form of application for license; term of license; license as not transferrable.

Section 44-20-750. Inspection of facilities; filing copy of bylaws, regulations, and rates of charges; inspection of records.

Section 44-20-760. Disclosure of inspections; protection of names of clients.

Section 44-20-770. Denial, suspension, or revocation of license; grounds.

Section 44-20-780. Notifying operator of program of deficiencies; time for correction; notice of impending denial, suspension, or revocation of license; exception for immediate threat.

Section 44-20-790. Promulgation of regulations governing hearings.

Section 44-20-800. Appeal of decision concerning deficiencies and licenses.

Section 44-20-900. Injunctions; sufficiency of complaint; fines and penalties.

Section 44-20-1000. Licensing by department to be done in conjunction with licensing by agency having responsibility outside the department's jurisdiction; cooperative agreements.

Section 44-20-1110. Department's authority as to state's disabilities and special needs services and programs.

Section 44-20-1120. Raising of money for construction of improvements.

Section 44-20-1130. Limitation on amount of state capital improvement bonds.

Section 44-20-1140. Improvements for residential regional center or community facility; application.

Section 44-20-1150. Powers and duties concerning application for improvements.

Section 44-20-1160. Use of monies derived from revenues.

Section 44-20-1170. Special funds; disposition of revenues; withdrawal of funds.