South Carolina General Assembly
120th Session, 2013-2014
H. 4409
STATUS INFORMATION
General Bill
Sponsors: Reps. Horne, Allison and J.E.Smith
Document Path: l:\council\bills\nbd\11265vr14.docx
Introduced in the House on January 14, 2014
Currently residing in the House Committee on Judiciary
Summary: Department of Child and Family Services Act
HISTORY OF LEGISLATIVE ACTIONS
DateBodyAction Description with journal page number
12/10/2013HousePrefiled
12/10/2013HouseReferred to Committee on Judiciary
1/14/2014HouseIntroduced and read first time (House Journalpage68)
1/14/2014HouseReferred to Committee on Judiciary(House Journalpage68)
2/18/2014HouseMember(s) request name added as sponsor: J.E.Smith
VERSIONS OF THIS BILL
12/10/2013
ABILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE “DEPARTMENT OF CHILD AND FAMILYSERVICES ACT” BY ADDING CHAPTER 6 TO TITLE 63 SO AS TO CREATE THE DEPARTMENT OF CHILD AND FAMILY SERVICES AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO TRANSFER CERTAIN POWERS ANDDUTIES OF THE DEPARTMENT OF SOCIAL SERVICES TO THE DEPARTMENT; TO TRANSFER THE POWERS ANDDUTIES OF THE DEPARTMENT OF JUVENILE JUSTICE TO THE DEPARTMENT; TO TRANSFER THE DEPARTMENT OF MENTAL HEALTH’S DIVISION OF CHILDREN, ADOLESCENTS, AND FAMILIES AND THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDRENDIVISION OF THE OFFICE OF THE GOVERNOR TO THE DEPARTMENT; TO CREATE A DIVISION OF ACCOUNTABILITY WITHIN THE DEPARTMENT; AND TO CREATE THECOUNCIL ON CHILDREN AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES; BY ADDING CHAPTER 21 TO TITLE 63 SO AS TO CREATE THE DIVISION OF CHILD MENTAL HEALTH WITHIN THE DEPARTMENT OF CHILD AND FAMILY SERVICES AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO AMEND SECTION 63111310, RELATING TO ADMINISTRATION OF THE CONTINUUM OF CARE DIVISION, SO AS TO MAKE IT A PROGRAM OF THE DIVISION OF CHILD MENTAL HEALTH; TO AMEND SECTION 13010, AS AMENDED, RELATING TO DEPARTMENTS OF GOVERNMENT, SO AS TO ADD THE DEPARTMENT OF CHILD AND FAMILY SERVICES AS A DEPARTMENT OF STATE GOVERNMENT; BY ADDING SECTION 13022 SO AS TO TRANSFER AGENCIES AND UNITS AND DIVISIONS OF AGENCIES TO THE DEPARTMENT OF CHILD AND FAMILYSERVICES; TO AMEND SECTION 63710, RELATING TO THE PRINCIPLES AND PURPOSES OF THE CHILD PROTECTION SYSTEM, SO AS TO DELETE AND RECODIFY THE PURPOSES IN A SEPARATE SECTION; BY ADDING SECTION 63715 SO AS TO CREATE THE DIVISION OF CHILD PROTECTION ANDPERMANENCY WITHIN THE DEPARTMENT OF CHILD AND FAMILY SERVICES AND PROVIDE FOR ITS PURPOSES; TO AMEND SECTION 63910, RELATING TO THE SOUTH CAROLINA ADOPTION ACT, SO AS TO INCLUDE ADOPTION SERVICES AS A SERVICE PROVIDED BY THE DIVISION OF CHILD PROTECTION AND PERMANENCY; TO AMEND SECTION 6319310, RELATING TOTHE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO ABOLISH THAT DEPARTMENT, TO CREATE A DIVISION OF JUVENILE JUSTICE WITHIN THE DEPARTMENT OF CHILD AND FAMILY SERVICES, AND TO PROVIDE FOR THE DIVISION’S PURPOSES; TO AMEND SECTIONS 6371990, 639780, 63111350, AND 63192020,ALL RELATING TO CONFIDENTIALITY OF RECORDS, SO AS TO GIVE DIVISIONS ACCESS TO RECORDS ADDRESSING SERVICES PROVIDED TO A CHILD; TO ESTABLISH CRIMINAL PENALTIES; TO REPEAL SECTIONS 63111340 AND 63111360 BOTH RELATING TO THE CONTINUUM OF CARE; AND TO REPEAL SECTIONS 6319320, 6319330, AND 6319340 ALL RELATING THE DEPARTMENT OF JUVENILE JUSTICE; AND FOR OTHER PURPOSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION1.Title 63 of the 1976 Code is amended by adding:
“CHAPTER 6
Department of Child and FamilyServices
Article 1
Department Established
Section 63610.This chapter may be cited as the ‘Department of Child and Family Services Act’.
Section 63620.(A)There is created the Department of Child and Family Services which is a consolidation of the child protection and adoptionunits of the Department of Social Services, the Department of Juvenile Justice, the Continuum of Care for Emotionally Disturbed Children Division of the Office of the Governor, and the Division of Children, Adolescents, and Families of the Department of Mental Health.
(B)The goals of consolidating the agencies,units, and divisions identified in subsection (A) are to:
(1)facilitate the delivery of appropriate services that strengthen families and decrease the need for more costly and intensive services to children;
(2)create a service delivery system for abused, neglected, dependent, abandoned, delinquent, and emotionally disturbed children within a continuum of care, that is childfocused and engages the family and that delivers services in the least restrictive manner;
(3)avoid fragmentation and duplication of services to children;
(4)promote a cohesive, unified, coordinated service delivery system;
(5)facilitate an integrated case management system tracking children entering the system to ensure that agencies serving a child are aware of all of the child’s needs and the services being provided to the child;
(6)operate a system that is transparent and facilitates processes to raise concerns regarding the delivery of services; and
(7)promote innovative programs with limited state resources, seeking and accessing all nonstate funds available, and relying wherever possible on local units of government and private, volunteer, or charitable organizations to augment the department’s services to children.
Section 63630.The department is comprised of divisions including, but not limited to, the:
(1)Division of Child Protection and Permanency, as provided for in Chapters 7 and 9, Title 63;
(2)Division of Juvenile Justice, as provided for in Chapter 19, Title 63;
(3)Division of Child Mental Health, as provided for in Chapter 21, Title 63;
(4)Division of Accountability, as provided for in Article 3 of this chapter; and
(5)other divisions as the director determines are necessary to fulfill the purposes of this chapter.
Section 63640.(A)The Governor shall appoint a director of the department with the advice and consent of the Senate who shall possess the qualifications necessary to manage the affairs of the department. If a vacancy occurs in the department when the Senate is not in session, the Governor may appoint a director to fill the vacancy until the Senate acts on the appointment.
(B)The director is subject to removal by the Governor as provided for in Section 13240.
Section 63650.(A)The director is the chief executive officer of the department and is vested with the exclusive responsibility for department policy and carrying out the responsibilities, duties, and privileges provided for in this chapter and Chapters 7, 9, 19, and 21, Title 63, and Article 13, Chapter 11, Title 63.
(B)The director shall appoint a deputy director for each of the department’s divisions. The deputy directors serve at will and may be removed by the director. The director may appoint and employ additional employees necessary to perform the duties and responsibilities of the department.
(C)The deputy directors of each division, with the approval of the director, shall employ the staff necessary to carry out the duties and responsibilities of their respective division.
(D)The director shall execute a good and sufficient bond payable to the State in the sum of fifty thousand dollars, conditioned for the faithful performance of the duties of the director’s office and the accurate accounting for all monies and property coming into the director’s hands. The bond must be executed by a surety company authorized to do business under the laws of this State, and the premium on the bond must be paid by the State out of the department’s appropriations.
Section 63660.(A)Except as otherwise provided in this chapter or in Chapters 7, 9, 19, and 21, Title 63 and Article 13, Chapter 11, Title 63, all records and documentation collected, created, or maintained about services provided to children are confidential and must not be released or disseminated, except upon order of the court or as allowed by state or federal law. A person who disseminates or permits the dissemination of records and documentation in violation of this section, or information contained in these records and documentation, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than one year, or both.
(B)Notwithstanding subsection (A), records and documentation regarding services provided to children pursuant this chapter and Chapters 7, 9, 19, and 21, Title 63and Article 13, Chapter 11, Title 63 may be shared with and provided to all divisions of the Department of Child and Family Services.
Section 63670.(A)The director is authorized to enter into agreements with other public agencies and private service providers delivering services to children consistent with state and federal law to ensure that the child is receiving the services needed to protect the child’s physical, mental, and emotional wellbeing.
(B)Agencies and private service providers entering into these agreements must maintain the confidentiality of the information in accordance with Section 63660 and are subject to its penalties upon violating a provision of that section.
Section 63680.(A)The director is authorized to create advisory committees, task forces, and study groups as the director considers appropriate to advise the department on carrying out its powers and duties.
(B)Individuals serving on advisory committees and other bodies pursuant to this section may not receive compensation but are entitled to mileage, subsistence, and per diem as allowed by law for members of state boards, commissions, and committees.
(C)Individuals serving on these committees or other bodies must maintain the confidentiality of the information in accordance with Section 63660 and are subject to its penalties upon violating a provision of that section.
Section 63690.(A)The director shall prepare an annual report, which must include an account of all funds received and expended, sources of all funds, funding allocated to and expended by each division, and persons served by the department through one or more of its divisions.
(B)The report also must include data and other information relevant to:
(1) children being served by more than one division;
(2)children placed by the Division of Child Protection and Permanency in outofhome care including, but not limited to, foster care, institutional care, and relative care;
(3)children adopted from the Division of Child Protection and Permanency, the time these children were in state care until adoption, and the children in state care who are available and waiting for adoption;
(4)suspected, unfounded, and indicated findings of child abuse and neglect reports filed with the Division of Child Protection and Permanency;
(5)child fatalities of children in the care of one or more of the divisions;
(6)children receiving schoolbased mental health services from the Division of Child Mental Health;
(7)children under the care of the Division of Juvenile Justice receiving mental health evaluations;
(8)schools with mental health professionals;
(9)services to children who are seriously emotionally disturbed, including services provided by the Continuum of Care for Emotionally Disturbed Children program; and
(10)county child protection and permanency offices with mental health professionals.
Section 636100.The director shall prepare and submit to the Governor and the General Assembly an annual budget, estimating the necessary funds for discharging the duties imposed upon the department as a whole and upon each division of the department, after taking into consideration federal funds which have been or may be allotted to the State for these purposes.
Section 636110. The department shall promulgate regulations to implement the provisions of this chapter and the provisions of Chapters 7, 9, 19, and 21, Title 63, and Article 13, Chapter 11, Title 63.
Section 636115. The Department of Child and Family Services is the single state agency to receive federal funds granted to the State to further the powers and duties imposed on the department pursuant to this chapter and Chapters 7, 9, 19, and 21, Title 63 and Article 13, Chapter 11, Title 63 including, but not limited to, federal funds granted pursuant to Titles IVB, IVE, and XX of the Social Security Act and through the Children’s Mental Health Initiative of the Substance Abuse and Mental Health Services Administration.
Article 3
Division of Accountability
Subarticle 1
Creation of Division
Section 636120.There is created the Division of Accountability within the department, whose purpose is to foster coordination, communication, and collaboration among the divisions of the department as they serve children of the State, to monitor the services being provided to children by the divisions, to promote transparency in service delivery and in the use of public funds, and to collaborate with local communities and seek guidance from stakeholders as part of serving the children of the State.
Section 636130. The duties and responsibilities of the division are to:
(1)identify, pursue, and obtain federal and private funding in collaboration with appropriate division deputy directors;
(2)oversee an integrated case management system accessible to all divisions as part of coordinating services for children served by more than one division;
(3)facilitate a complaint review process for children and families, service providers, and the public;
(4)facilitate and oversee performance of task forces, committees, and other external advisory groups; and
(5)promote relationships with nonstate partners including, but not limited to, county governments and nonprofit organizations.
Subarticle 3
Funding Oversight
Section 636140.In coordination with the deputy directors of each division, the Deputy Director of the Division of Accountability shall:
(1)identify all potential public and private sector financial and other resources available to the divisions and to the department, coordinating with the appropriate staff to apply for and obtain the resources;
(2)monitor the performance of divisions with regard to grant and other funding requirements;
(3)submit reports to the director at least quarterly identifying funding opportunities, applications submitted for grants and other resources, grants awarded to the department and divisions, and division performance and compliance with terms of grants; and
(4)otherwise manage grants and the use of other funding.
Subarticle 5
Case Management
Section 636150.Before January 1, 2016, the Division of Accountability shall develop and begin operation of an integrated case management system with a single portal of entry for children referred to a division within the department to promote coordination of services to children served by multiple divisions and facilitate communications among the appropriate divisions.
Section 636160.Before January 1, 2016, the department shall complete a review of records on children receiving services from one or more divisions prior to this act’s effective date and consolidate the information into a single record within the case management system.
Section 636170.(A)Upon implementation of the integrated case management system, each division shall ensure that all documentation it creates, receives, or maintains regarding services provided to a child is integrated into the case management system including, but not limited to, assessments, treatment records, and courtordered services.
(B)The case management system must enable all divisions to access the information entered about the delivery of services to a child, regardless of the division providing the service.
Section 636180.For children being served by more than one division, the Division of Accountability shall facilitate a joint review of these cases by the divisions serving the child at least every six months to ensure that necessary assessments, treatment, and courtordered services have been ordered, provided, and coordinated in a timely manner and to otherwise promote a childcentered system of care as part of which the divisions collaborate and communicate.
Subarticle 7
Complaint Review Process
Section 636190.(A)The Division of Accountability shall develop and facilitate a complaint review process available to children and families, service providers, and the public, including:
(1)an informal system to resolve concerns regarding services ordered or provided by a division; and
(2)a formal written complaint process to facilitate concerns not resolved pursuant to item (1) or which, in the deputy director’s discretion, are appropriate for immediate formal review.
(B)The division, in coordination with the director and the deputy directors of the other divisions, shall develop instructions for filing an informal and formal complaint and related policies and procedures. The documentation and notice of the right to file a complaint must be displayed prominently on the department’s website.
(C)In general, the Deputy Director of the Division of Accountability shall allow the division that is the subject of a complaint to attempt to resolve the matter; provided, however, the deputy director has the authority to undertake the review without giving the particular division the opportunity to attempt to address the complaint.
(D)Documentation created as part of the review of an informal or formal complaint is not discoverable in a legal action and is not admissible as evidence in a legal proceeding without an order of the court.
(E)Documentation created as part of the review of an informal or formal complaint is not public information accessible pursuant to the Freedom of Information Act.
(F)The Division of Accountability’s decision regarding a written complaint is final upon review by the director and is not subject to judicial review.
Subarticle 9
Council on Children
Section 636200.(A)The department shall establish the Council on Children, a standing advisory council overseen by the Division of Accountability. The division shall designate an employee to facilitate the activities of the council and provide staff support as needed.
(B)The purpose of the council is to promote and facilitate collaborative efforts among agencies providing services relevant to this chapter in order to improve access to quality, appropriate, and costeffective childcentered services that are coordinated among service providers.
(C)The council’s collaborative efforts include, but are not limited to:
(1)interagency sharing of information and resources;
(2)development and use of memoranda of agreements;
(3)development and use of common informational forms and referral processes;
(4)coordination of services;
(5)development of best practices;
(6)coordination and delivery of joint training initiatives; and
(7)formation of partnerships with colleges, universities, and other entities in the community.
Section 636210.(A)Members of the council include, but are not limited to:
(1)the Director of the Department of Child and Family Services, who serves ex officio;
(2)the Deputy Director of the Department’s Division of Accountability, who serves ex officio;
(3)the Deputy Director of Department’s Division of Child Protection and Permanency, who serves ex officio;
(4)the Deputy Director of the Department’s Division of Juvenile Justice, who serves ex officio;
(5)the Deputy Director of the Department’s Division of Child Mental Health, who serves ex officio;
(6)the Chief Administrator of the Continuum of Care for Emotionally Disturbed Children program, who serves ex officio;