(A)(1) Before the Department of Social Services employs a person in its childcare licensing or child protective services divisions, the person 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. No person may be employed in these divisions if the person has been convicted of or pled guilty or nolo contendere to any crime listed in Section 63-13-40(A).
(2) This section does not prohibit employment when a conviction or plea of guilty or nolo contendere for one of the crimes listed 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 applicant is unfit or otherwise unsuited for employment.
(B) Notwithstanding subsection (A) or any other provision of law, a person may be provisionally employed in the childcare licensing or child protective services divisions upon receipt and review of the results of the State Law Enforcement Division fingerprint review if the results show no convictions of the crimes referenced in subsection (A). Pending receipt of the results of the Federal Bureau of Investigation fingerprint review, the department must obtain from the prospective employee a written affirmation on a form provided by the department that the employee has not been convicted of any crime referenced in subsection (A).
(C) A person who has been convicted of a crime referenced in subsection (A) who applies for employment with the childcare licensing or child protective services divisions 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.
HISTORY: 2008 Act No. 361, Section 2.
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.