reglab/housing_qa huggingface dataset:
SC Code § 63-13-840 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 13 - Childcare Facilities|Section 63-13-840. Inspections of family childcare homes.

 (A) When the department visits a family childcare home for purposes of an inspection or investigation pursuant to Section 63-13-80(A), it shall conduct the review to ensure the facility complies with the following:  (1) health and safety of the children;  (2) no evidence of child abuse; and  (3) enrollment within the limits set forth in this chapter.  (B) If a complaint received by the department concerning a family childcare home pursuant to Section 63-13-80 indicates that the child has been abused, the department shall carry out its responsibility as authorized under Chapter 7. If the visits and inspections verify conditions detrimental to the health and safety of the children or overenrollment, the department shall carry out its responsibility as authorized pursuant to Section 63-13-160 and Section 63-13-830(C).  HISTORY: 2008 Act No. 361, Section 2; 2014 Act No. 295 (H.4665), Section 3, eff June 23, 2014.  Effect of Amendment  2014 Act No. 295, Section 3, rewrote the section.
SC Code § 63-13-850 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 13 - Childcare Facilities|Section 63-13-850. Appeals.

 (A) A registrant whose statement of registration has been withdrawn by the department or whose application for a statement or renewal of registration has been denied by the department must be given written notice of the withdrawal or denial by certified or registered mail. The notice must contain the reasons for the proposed action and must inform the registrant of the right to appeal the decision to the director or his designee in writing within thirty calendar days after the receipt of the notice. Upon receiving a written appeal, the director or his designee shall give the registrant reasonable notice and an opportunity for a prompt hearing before the director or his designee. On the basis of the evidence adduced at the hearing, the director or his designee shall make the final decision of the department as to whether the department shall withdraw the statement of registration or deny the application for a statement or renewal of registration, as applicable. If no written appeal is made, the department shall withdraw a statement of registration or deny the application for a statement or renewal of registration as of the termination of the thirty-day period.  (B) At the hearing provided for in this section, the registrant may be represented by counsel, and has the right to call, examine, and cross-examine witnesses, and to otherwise introduce evidence. Parents appearing at the hearing may also be represented by counsel. The director is empowered to require the presence of witnesses and evidence by subpoena on behalf of the appellant or department. The final decision of the department must be in writing, must contain the department's findings of fact and rulings of law and must be mailed to the parties to the proceedings by certified or registered mail. A full and complete record must be kept of all proceedings, and all testimony must be reported and need not be transcribed unless the decision is appealed, or a transcript is requested by an interested party. Upon an appeal, the department shall furnish to any appellate, free of charge, a certified copy of the transcript of all evidentiary proceedings before it. Other parties shall pay the cost of transcripts.  (C) The decision of the department is final unless appealed by a party pursuant to the Administrative Procedures Act.  HISTORY: 2008 Act No. 361, Section 2; 2016 Act No. 263 (H.4262), Section 4, eff June 9, 2016.  Effect of Amendment  2016 Act No. 263, Section 4, amended (A), including appeals of decisions to deny an application for a statement or renewal of registration.
SC Code § 63-13-860 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 13 - Childcare Facilities|Section 63-13-860. Consultation.

 The department shall offer consultation through employed staff or other qualified persons to assist a potential applicant, an applicant or registered operator in meeting and maintaining the suggested standards for family childcare homes.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-13-1020 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 13 - Childcare Facilities|Section 63-13-1020. Registration and inspections.

 The childcare operator shall submit a formal request for inspection of the childcare facility to the department. The department shall request the appropriate state health and fire safety agencies to conduct an inspection of the facility before renewal of the registration and more often if necessary to ensure compliance with health and fire safety regulations. The department shall register the childcare facility upon notification from health and fire safety agencies that the childcare facility is in compliance with these regulations and the requirements of Section 63-13-1010.  The applicable regulations must be the same health and fire safety regulations applied to other facilities regulated under this chapter.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-13-1030 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 13 - Childcare Facilities|Section 63-13-1030. Statement of registration.

 A statement of registration must be issued when the church or religious childcare operator or group childcare home operator satisfactorily completes the procedures prescribed by this chapter. An application for a statement of registration must include the name and address of the director, the address of the facility, and the number of children who may be served. Failure of the department to approve or deny an application within ninety days results in the granting of a provisional registration. The current statement of registration must be displayed in a prominent place in the facility at all times, and the registration number must be stated in all advertisements of the church or religious childcare center or group childcare home.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-13-1040 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 13 - Childcare Facilities|Section 63-13-1040. Department of Social Services curriculum restrictions.

 Notwithstanding the staff training requirements of Section 63-13-1010(A) and (B)(3), the department may not prescribe the curriculum for staff training, other than curriculum addressing administration, child growth and development, and health and safety, for a church congregation, established religious denomination, or religious college or university, childcare center or group childcare home. Additionally, the department may not prescribe the content of curriculum activities for children provided by these childcare centers or group childcare homes.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-13-1050 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 13 - Childcare Facilities|Section 63-13-1050. Deficiency correction notices.

 (A) Whenever the health or fire safety agency finds upon inspection that a childcare center or group childcare home is not complying with the applicable regulations, the appropriate agency shall notify the department. The department shall then request the operator to correct such deficiencies.  (B) Every correction notice must be in writing and must include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the chapter and regulations relied upon. The period must be reasonable and, except when the appropriate agency finds an emergency dangerous to the health or safety of children, not less than thirty days from the receipt of the notices.  (C) Within two weeks of receipt of the notice, the operator of the facility may file a written request with the department for administrative reconsideration of the notice or any portion of the notice.  (D) The department shall grant or deny a written request and shall notify the operator of action taken.  (E) In the event that the operator of the facility fails to correct deficiencies within the period prescribed, the department may suspend the registration of the facility to be effective thirty days after date of notice. An appeal may be taken pursuant to the Administrative Procedures Act.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-13-1060 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 13 - Childcare Facilities|Section 63-13-1060. Injunctions.

 The department may seek an injunction against the continuing operation of a childcare center or group childcare home in the family court having jurisdiction over the county in which the facility is located when the facility is considered to be out of compliance with the provisions of Sections 63-13-1010 and 63-13-1020.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-13-1070 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 13 - Childcare Facilities|Section 63-13-1070. Appeals.

 (A) When the registration of a facility has been suspended, the operator must be given prompt written notice. The notice must indicate the reasons for the suspension and inform the operator of the right to appeal the decision through administrative channels to the department and according to established appeals procedure for the department.  (B) Upon appeal, the decision of the department is final unless appealed by a party pursuant to the Administrative Procedures Act.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-13-1080 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 13 - Childcare Facilities|Section 63-13-1080. Penalties.

 An operator violating the provisions of this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand five hundred dollars or imprisonment not exceeding six months, or both.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-13-1110 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 13 - Childcare Facilities|Section 63-13-1110. Sex offender employment prohibitions.

 (A) Notwithstanding another provision of law to the contrary, it is unlawful for a person required to register pursuant to Article 7, Chapter 3, Title 23 to work for any person or as a sole proprietor, with or without compensation, at any location where a minor is present and the person's responsibilities or activities would include instruction, supervision, or care of a minor or minors, unless his employment or volunteer service is approved by a circuit court order and recorded in his sex offender registry file.  (B) All court costs and fees associated with the provisions contained in subsection (A) must be paid by the offender.  (C) A person who violates this provision is guilty of a felony and, upon conviction, must be imprisoned not more than five years.  HISTORY: 2019 Act No. 52 (S.595), Section 11, eff May 16, 2019.
SC Code § 63-13-1210 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 13 - Childcare Facilities|Section 63-13-1210. State advisory committee established.

 (A) A State Advisory Committee on the Regulation of Childcare Facilities is established. It consists of seventeen members appointed by the Governor, in accordance with the following:  (1) Five of the members appointed must be parents of children who are receiving childcare services at the time of appointment, with no less than three representing the entrepreneurial facilities.  (2) Eight of the members appointed must be representative of owners and operators of childcare facilities, one of which must be an operator of a childcare home. No less than five other appointees must be operators of facilities subject to regulation who are actively engaged in the operation for profit.  (3) One member appointed shall represent the educational community of the State.  Nominees for membership on the advisory committee pursuant to items (1), (2), and (3) must be made from lists furnished the Governor by South Carolina organizations representing the various types of childcare facilities defined in this chapter.  (4) One member appointed shall represent the business community of the State. Nominees for membership pursuant to this item must be made from lists furnished the Governor by the South Carolina Chamber of Commerce.  (5) Two members appointed shall represent church-operated childcare centers, one of whom must be an operator of a church childcare center and one of whom must be a parent of a child who is receiving childcare services in a church-operated childcare center at the time of appointment.  (B) Members shall serve for terms of three years and until their successors are appointed and qualify, except that of those initially appointed five shall serve for one year, five for two years, and five for three years. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. Reappointment to serve a full term may ensue at the discretion of the Governor, however, no member may be permitted to succeed himself after serving a full term.  (C) The chairman of the committee must be designated by the Governor from among the appointees selected pursuant to the provisions of items (1) and (2) of subsection (A) of this section.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-13-1220 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 13 - Childcare Facilities|Section 63-13-1220. Committee duties.

 The State Advisory Committee on the Regulation of Childcare Facilities shall:  (1) Review changes in the regulations and suggested standards proposed by the director or his designee and make recommendations on these changes to the director or his designee. The committee shall evaluate the regulations and suggested standards at the three-year review period (subsection (C) of Section 63-13-180) and recommend necessary changes. No regulation may be promulgated if the standard has been disapproved by a simple majority of the committee.  (2) Advise the department regarding the improvement of the regulation of childcare facilities.  (3) Advise the department on matters of regulatory policy, planning, and priorities.  (4) As it considers necessary, hold a public hearing at least thirty days before adoption of the regulations.  (5) Plan with the department for the procedures to be used in notifying licensees, approved operators, and registrants regarding regulatory changes sixty days before intended promulgation.  (6) Maintain through the department the essential liaison with other departments and agencies of state and local government so as to preclude imposition of duplicate requirements upon operators subject to regulations under this chapter.  (7) Act to move the adoption of its recommendations and other pertinent disposition of matters before it by decision of a simple majority of those members present and voting, provided there is a quorum of eight members.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-13-1230 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 13 - Childcare Facilities|Section 63-13-1230. Federal funding waivers.

 The provisions of Sections 63-13-180 and 63-13-1220(1) concerning the review authority and the promulgation of regulations and standards upon the advice and consent of the State Advisory Committee on the Regulation of Childcare Facilities are waived. However, nothing in this section affects the regulation of childcare facilities which choose not to receive federal funding.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-13-1240 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 13 - Childcare Facilities|Section 63-13-1240. Advisory committee staff support.

 The department shall provide reasonable secretarial and administrative support to the advisory committee.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-10 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-10. "Tender Years Doctrine" abolished.

 The "Tender Years Doctrine" in which there is a preference for awarding a mother custody of a child of tender years is abolished.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-20 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-20. Religious faith.

 In placing the child in the custody of an individual or a private agency or institution, the court shall, whenever practicable, select a person or an agency or institution governed by persons of the same religious faith as that of the parents of such child, or, in case of a difference in the religious faith of the parents, then of the religious faith of the child, or, if the religious faith of the child is not ascertainable, then of the faith of either of the parents.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-30 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-30. Child's preference.

 In determining the best interests of the child, the court must consider the child's reasonable preference for custody. The court shall place weight upon the preference based upon the child's age, experience, maturity, judgment, and ability to express a preference.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-40 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-40. Consideration of domestic violence.

 (A) In making a decision regarding custody of a minor child, in addition to other existing factors specified by law, the court must give weight to evidence of domestic violence as defined in Section 16-25-20 or Section 16-25-65 including, but not limited to:  (1) physical or sexual abuse; and  (2) if appropriate, evidence of which party was the primary aggressor, as defined in Section 16-25-70.  (B) The absence or relocation from the home by a person, against whom an act of domestic violence has been perpetrated, if that person is not the primary aggressor, must not be considered by the court to be sufficient cause, absent other factors, to deny custody of the minor child to that person.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-60 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-60. De facto custodian.

 (A) For purposes of this section, "de facto custodian" means, unless the context requires otherwise, a person who has been shown by clear and convincing evidence to have been the primary caregiver for and financial supporter of a child who:  (1) has resided with the person for a period of six months or more if the child is under three years of age; or  (2) has resided with the person for a period of one year or more if the child is three years of age or older.  Any period of time after a legal proceeding has been commenced by a parent seeking to regain custody of the child must not be included in determining whether the child has resided with the person for the required minimum period.  (B) A person is not a de facto custodian of a child until the court determines by clear and convincing evidence that the person meets the definition of de facto custodian with respect to that child. If the court determines a person is a de facto custodian of a child, that person has standing to seek visitation or custody of that child.  (C) The family court may grant visitation or custody of a child to the de facto custodian if it finds by clear and convincing evidence that the child's natural parents are unfit or that other compelling circumstances exist.  (D) No proceeding to establish whether a person is a de facto custodian may be brought concerning a child in the custody of the Department of Social Services.  (E) If the court has determined by clear and convincing evidence that a person is a de facto custodian, the court must join that person in the action as a party needed for just adjudication under the South Carolina Rules of Civil Procedure.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-210 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-210. Definitions.

 As used in this article:  (1) "Joint custody" means both parents have equal rights and responsibilities for major decisions concerning the child, including the child's education, medical and dental care, extracurricular activities, and religious training; however, a judge may designate one parent to have sole authority to make specific, identified decisions while both parents retain equal rights and responsibilities for all other decisions.  (2) "Sole custody" means a person, including, but not limited to, a parent who has temporary or permanent custody of a child and, unless otherwise provided for by court order, the rights and responsibilities for major decisions concerning the child, including the child's education, medical and dental care, extracurricular activities, and religious training.  HISTORY: 2012 Act No. 259, Section 1, eff June 18, 2012.
SC Code § 63-15-220 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-220. Parenting plans.

 (A) At all temporary hearings where custody is contested, each parent must prepare, file, and submit to the court a parenting plan, which reflects parental preferences, the allocation of parenting time to be spent with each parent, and major decisions, including, but not limited to, the child's education, medical and dental care, extracurricular activities and religious training. However, the parties may elect to prepare, file, and submit a joint parenting plan. The court shall issue temporary and final custody orders only after considering these parenting plans; however, the failure by a party to submit a parenting plan to the court does not preclude the court from issuing a temporary or final custody order.  (B) At the final hearing, either party may file and submit an updated parenting plan for the court's consideration.  (C) The South Carolina Supreme Court shall develop rules and forms for the implementation of the parenting plan.  HISTORY: 2012 Act No. 259, Section 1, eff August 17, 2012.
SC Code § 63-15-230 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-230. Final custody determination; considerations.

 (A) The court shall make the final custody determination in the best interest of the child based upon the evidence presented.  (B) The court may award joint custody to both parents or sole custody to either parent.  (C) If custody is contested or if either parent seeks an award of joint custody, the court shall consider all custody options, including, but not limited to, joint custody, and, in its final order, the court shall state its determination as to custody and shall state its reasoning for that decision.  (D) Notwithstanding the custody determination, the court may allocate parenting time in the best interest of the child.  HISTORY: 2012 Act No. 259, Section 1, eff June 18, 2012.