South Carolina Code of Laws
Chapter 11 - Children's Services Agencies
Section 63-11-730. Background checks for employees and board members.

(A) No person may be employed by the Department of Children's Advocacy or may serve on the state or a local foster care review board if the person:
(1) is the subject of an indicated report or affirmative determination of abuse or neglect as maintained by the Department of Social Services in the Central Registry of Child Abuse and Neglect pursuant to subarticle 13, Article 3, Chapter 7;
(2) has been convicted of or pled guilty or nolo contendere to:
(a) an "offense against the person" as provided for in Title 16, Chapter 3;
(b) an "offense against morality or decency" as provided for in Title 16, Chapter 15; or
(c) contributing to the delinquency of a minor, as provided for in Section 16-17-490.
(B) Before a person is employed by the Division for Review of the Foster Care of Children or before an appointment or reappointment is made to the state or a local foster care review board, the division shall submit the name of the potential employee or a list containing the names, addresses, and social security numbers of persons nominated to serve on the state or local boards to the Department of Social Services for a records check of indicated reports or affirmative determinations from the Central Registry of Child Abuse and Neglect and to SLED for a criminal records background check to certify that no potential employee or person nominated to serve on the state or a local board is in violation of subsection (A). A list of the persons employed by the division or serving on the state or local boards also must be submitted annually to the Department of Social Services for a records check of indicated reports or affirmative determinations to certify that no person employed by the division or serving on a board is in violation of subsection (A)(1). The division may not be charged by the Department of Social Services for these records checks.
HISTORY: 2008 Act No. 361, Section 2; 2014 Act No. 121 (S.22), Pt V, Section 7.KK.2, eff July 1, 2015; 2018 Act No. 160 (S.805), Section 5, eff July 1, 2019.

Editor's Note
2018 Act No. 160, Sections 18.A and 18.B, provide as follows:
"SECTION 18. A. Where the provisions of this act transfer duties, programs, or services of the Department of Administration to the Department of Children's Advocacy, the employees, authorized appropriations, and assets and liabilities of these divisions, services, and programs also are transferred to and become part of the Department of Children's Advocacy. All classified or unclassified personnel employed by the divisions, programs, services, or initiatives transferred from the Department of Administration, either by contract or by employment at will, become on July 1, 2019, employees of the Department of Children's Advocacy, with the same compensation, classification, and grade level, as applicable. Before the transfer of the applicable divisions, programs, services, or initiatives of the Department of Administration pursuant to this act, these agencies and organizations shall cause all necessary actions to be taken to accomplish this transfer in accordance with state and federal laws and regulations."
"B. Applicable regulations promulgated by the Department of Administration are continued and are considered to be promulgated by the Department of Children's Advocacy. Applicable contracts entered into by the Department of Administration are continued and are considered to be devolved upon the Department of Children's Advocacy at the time of the transfer."
Effect of Amendment
2014 Act No. 121, Section 7.KK2, in subsection (A), substituted "within the Department of Administration" for "Office of the Governor".
2018 Act No. 160, Section 5, in (A), substituted "Department of Children's Advocacy" for "Division for Review of the Foster Care of Children, within the Department of Administration," and, in (1), substituted "subarticle" for "Subarticle".

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 63 - South Carolina Children's Code

Chapter 11 - Children's Services Agencies

Section 63-11-10. "Child welfare agency" defined.

Section 63-11-20. Exemptions.

Section 63-11-30. Department of Social Services to administer article.

Section 63-11-40. Temporary crisis placements.

Section 63-11-50. License revocation or refusal to renew.

Section 63-11-60. Placing children in family homes.

Section 63-11-70. Background checks; pardons.

Section 63-11-80. Prohibition against certain disclosures of information; exception.

Section 63-11-90. Penalties.

Section 63-11-310. Children's advocacy centers.

Section 63-11-400. Short title.

Section 63-11-410. South Carolina Children's Advocacy Medical Response System.

Section 63-11-420. Definitions.

Section 63-11-430. Program requirements.

Section 63-11-500. Creation, purpose, and administration of program.

Section 63-11-510. Responsibilities of guardian ad litem.

Section 63-11-520. Persons prohibited from appointment as guardians ad litem.

Section 63-11-530. Guardian ad litem to represent best interests of the child; removal of volunteer guardian ad litem.

Section 63-11-540. Right of access to information and records.

Section 63-11-550. Confidentiality of records and information.

Section 63-11-560. Immunity from liability for guardian ad litem.

Section 63-11-570. Funds.

Section 63-11-700. Division for Review of the Foster Care of Children; board.

Section 63-11-710. Local boards for review.

Section 63-11-720. Functions and powers of local boards.

Section 63-11-730. Background checks for employees and board members.

Section 63-11-740. Meetings of local boards; staffing.

Section 63-11-750. Participation in child abuse and neglect proceedings.

Section 63-11-760. Immunity from liability.

Section 63-11-770. Cooperation of public and private agencies.

Section 63-11-780. Petitions for relief.

Section 63-11-790. Effect of article on other agencies.

Section 63-11-910. Fund established.

Section 63-11-920. Board of directors; terms; filling vacancies; compensation; reports.

Section 63-11-930. Powers and duties.

Section 63-11-940. Director.

Section 63-11-950. Disbursement of funds.

Section 63-11-960. Deposit and distribution of contributions pursuant to Section 12-6-5060.

Section 63-11-1110 to 63-11-1160. Repealed.

Section 63-11-1310. Purpose.

Section 63-11-1320. Clients.

Section 63-11-1330. Duties.

Section 63-11-1340. Director and other staff; promulgation of regulations.

Section 63-11-1350. Confidentiality.

Section 63-11-1360. Annual report.

Section 63-11-1510. System established.

Section 63-11-1520. State agency responsibilities.

Section 63-11-1530. Services Fund.

Section 63-11-1710. Board established; administrative responsibilities.

Section 63-11-1720. Board of trustees; composition; oversight.

Section 63-11-1725. Advisory council.

Section 63-11-1730. Board of trustees; promulgation of comprehensive long-term initiative; regulations; policies.

Section 63-11-1735. Repealed.

Section 63-11-1740. Director and staff; salary duties.

Section 63-11-1750. Funding.

Section 63-11-1900. Policy.

Section 63-11-1910. Definitions.

Section 63-11-1920. Department established.

Section 63-11-1930. Committee established.

Section 63-11-1940. Purpose and duties of department.

Section 63-11-1950. Purpose and duties of committee.

Section 63-11-1960. Access to information.

Section 63-11-1970. Subpoena power.

Section 63-11-1980. Confidentiality of meetings.

Section 63-11-1990. Confidentiality of information.

Section 63-11-2110. Military-Connected Children's Welfare Task Force.

Section 63-11-2210. Department of Children's Advocacy established.

Section 63-11-2215. Administrative support of department.

Section 63-11-2220. Composition of department; salaries.

Section 63-11-2230. Definitions.

Section 63-11-2240. State Child Advocate; responsibilities; qualifications.

Section 63-11-2250. Confidentiality.

Section 63-11-2260. Compensation of State Child Advocate.

Section 63-11-2270. Duties; reports; access.

Section 63-11-2280. Critical incidents; reporting requirements; investigation.

Section 63-11-2290. Toll-free public telephone number and electronic complaint submission form; agencies required to post number and web address.

Section 63-11-2295. Complaints regarding State Child Advocate and department.

Section 63-11-2400. South Carolina Child Abuse Response Protocol; failure to comply with protocol.

Section 63-11-2410. Establishment of Child Abuse Protocol Review Committee; membership; meetings.

Section 63-11-2420. Maintenance of protocol.