(A) No church congregation or established religious denomination or religious college or university which does not receive state or federal financial assistance for childcare services may operate a childcare center or group childcare home unless it complies with the requirements for registration and inspection and the regulations for health and fire safety as set forth in this chapter and Section 63-13-110 and requirements applicable to private and public childcare centers and group childcare 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 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 this chapter and Section 63-13-110; and
(3) requirements applicable to private and public childcare centers and group childcare homes for floor space, child-staff ratios, and staff training.
(C)(1) 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, caregiver, or employee at the childcare facility has been convicted of any of the offenses included in Section 63-13-40(A)(1).
(2) This section does not prohibit licensing, registration, or the renewal of a license or registration when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator, caregiver, or employee.
(D) Application forms for licensure or registration issued under this chapter 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 Section 63-13-40(A)(1) 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.
(E) A person applying for a license or registration as an operator of a church or religious childcare center shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history, a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history, a Central Registry check to be conducted by the department to determine any abuse or neglect perpetrated by the person upon a child, and a search of the National Crime Information Center National Sex Offender Registry and the state sex offender registry pursuant to Section 23-3-430. The person shall be subject to a state criminal register or repository check, a state sex offender check, and a state child abuse and neglect registry and database check in each state where the person has lived in the previous five years. If a person is not employed or does not provide caregiver services for six months or longer, then the fingerprint reviews must be repeated. The fingerprint reviews required by this subsection are required to be repeated every five years.
(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 Section 63-13-40(A)(1) who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver 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.
(G) A person applying for a license or registration as an operator of a church or religious childcare center or seeking employment or seeking to provide caregiver services at a church or religious childcare center shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history, a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history, a Central Registry check to be conducted by the department to determine any abuse or neglect perpetrated by the person upon a child, and a search of the National Crime Information Center National Sex Offender Registry and the state sex offender registry pursuant to Section 23-3-430. The person shall be subject to a state criminal register or repository check, a state sex offender check, and a state child abuse and neglect registry and database check in each state where the person has lived in the previous five years. The fingerprint reviews required by this subsection are required to be repeated every five years.
(H) A person applying for renewal of a license or registration as an operator of a church or religious childcare 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, a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history, a Central Registry check to be conducted by the department to determine any abuse or neglect perpetrated by the person upon a child, and a search of the National Crime Information Center National Sex Offender Registry and the state sex offender registry pursuant to Section 23-3-430. The person shall be subject to a state criminal register or repository check, a state sex offender check, and a state child abuse and neglect registry and database check in each state where the person has lived in the previous five years.
(I) The South Carolina Law Enforcement Division and the Federal Bureau of Investigation are authorized to retain and store fingerprints for further use in the identification of persons, including, but not limited to, use in identifying unsolved latent prints. The South Carolina Law Enforcement Division and the Federal Bureau of Investigation are authorized to provide the department with current and future information regarding the fingerprints stored, including arrests, convictions, dispositions, warrants, and other information available to the South Carolina Law Enforcement Division and the Federal Bureau of Investigation, such as civil and criminal information. The prospective employee or childcare facility shall be responsible for any fees associated with any and all required background checks. Fees shall not exceed the actual cost of processing and administration.
HISTORY: 2008 Act No. 361, Section 2; 2019 Act No. 52 (S.595), Section 10, eff May 16, 2019.
Effect of Amendment
2019 Act No. 52, Section 10, in (C), inserted the (1) identifier, inserted "any of the offenses included in Section 63-13-40(A)(1)", deleted (1) to (6), which related to specific crimes, and inserted the (2) identifier; in (D), substituted "Section 63-13-40(A)(1)" for "this section"; rewrote (E); in (F), substituted "Section 63-13-40(A)(1)" for "this section"; rewrote (G); rewrote (H); and added (I).
Structure South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Chapter 13 - Childcare Facilities
Section 63-13-20. Definitions.
Section 63-13-30. Caregiver requirements.
Section 63-13-40. Background checks for employment.
Section 63-13-50. Fingerprint exemptions.
Section 63-13-60. Criminal history review fee.
Section 63-13-70. Register required.
Section 63-13-80. Investigations and inspections.
Section 63-13-100. Provisional licensure, approval, and registration.
Section 63-13-110. First aid and CPR certificates.
Section 63-13-120. Training on domestic violence.
Section 63-13-130. Consultation.
Section 63-13-140. Compliance review.
Section 63-13-150. Violation citations.
Section 63-13-160. Injunctions.
Section 63-13-180. Regulations and suggested standards.
Section 63-13-185. Childcare facility medication administration to children.
Section 63-13-190. Fingerprint reviews of Department of Social Services personnel.
Section 63-13-200. Unlawful offenses near childcare facilities.
Section 63-13-210. Notice to parents that childcare business does not carry liability insurance.
Section 63-13-410. Licensure required for private centers and group homes.
Section 63-13-420. Licensure requirements.
Section 63-13-430. License renewal.
Section 63-13-440. Display of license.
Section 63-13-450. Deficiency correction notices.
Section 63-13-460. License denial; nonrenewal; notice; hearings; appeals.
Section 63-13-610. Approval required for public centers and group homes.
Section 63-13-620. Statement of approval requirements.
Section 63-13-630. Approval renewal.
Section 63-13-640. Deficiency correction notices.
Section 63-13-650. Review meeting.
Section 63-13-810. Registration required for family childcare homes.
Section 63-13-820. Registration requirements.
Section 63-13-825. Training for daycare operators and workers.
Section 63-13-830. Statement of registration.
Section 63-13-840. Inspections of family childcare homes.
Section 63-13-860. Consultation.
Section 63-13-1010. Registration required for church and religious centers.
Section 63-13-1020. Registration and inspections.
Section 63-13-1030. Statement of registration.
Section 63-13-1040. Department of Social Services curriculum restrictions.
Section 63-13-1050. Deficiency correction notices.
Section 63-13-1060. Injunctions.
Section 63-13-1080. Penalties.
Section 63-13-1110. Sex offender employment prohibitions.
Section 63-13-1210. State advisory committee established.
Section 63-13-1220. Committee duties.