reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1530. Services Fund.

There is established the Services Fund for Emotionally Disturbed Children. The Interagency System for Caring for Emotionally Disturbed Children, as provided for in Section 63-11-1510, must be paid for solely by the fund and money in the fund must be used only to support the system. The fund must be administered by the Department of Social Services. The Department of Education shall continue to be billed a share of costs for covered children in the system as provided for under the Children's Case Resolution System. The Department of Social Services, in conjunction with other agencies participating in the system, shall develop billing and management protocols that maximize the use of the funds available.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1710. Board established; administrative responsibilities.

(A) There is established the South Carolina First Steps to School Readiness Board of Trustees, an eleemosynary corporation, which shall oversee the South Carolina First Steps to School Readiness initiative, a broad range of innovative early childhood development and education, family support, health services, and prevention efforts to meet critical needs of South Carolina's children through the awarding of grants to partnerships at the county level as provided for in Section 59-152-90.
(B) The board may accept gifts, bequests, and grants from any person or foundation. The fund and grants from the fund shall supplement and augment, but not take the place of, services provided by local, state, or federal agencies. The board of trustees shall carry out activities necessary to administer the fund, including assessing service needs and gaps, soliciting proposals to address identified service needs, and establishing criteria for the awarding of grants.
(C) The board must ensure the fiscal and programmatic accountability of the administration of the State Office of First Steps through the submission of annual reports as required by a state agency including, but not limited to, required reports to the Office of the Governor, General Assembly, State Department of Administration, State Fiscal Accountability Authority, Comptroller General, Inspector General, and State Auditor, which includes the annual accountability report, debt collection report, composite bank account report, sole source reportings, annual budget request beginning with the Governor's annual deadline, recovery audits, Inspector General's fraud, waste, and abuse report, and agency head salary commission reports. Required reporting is to be made public on the recipient's website in the same manner in which state agency reports are made public.
HISTORY: 2008 Act No. 361, Section 2; 2018 Act No. 152 (H.3591), Section 5, eff April 12, 2018.
Editor's Note
2006 Act No. 412, Section 2, provides in part as follows:
"Act 99 of 1999, South Carolina First Steps to School Readiness Act, is reauthorized until July 1, 2013."
2013 Act No. 101, Section 117.114, provides as follows:
"117.114. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, is reauthorized for the duration of Fiscal Year 2013-2014."
2014 Act No. 286, Section 117.108, provides as follows:
"117.108. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, is reauthorized for the duration of Fiscal Year 2014-2015."
2018 Act No. 152, Section 8, provides as follows:
"SECTION 8. Section 20B. of Act 287 of 2014 [reauthorizing the South Carolina First Steps to School Readiness Act until July 1, 2016] is repealed. Act 99 of 1999, South Carolina First Steps to School Readiness Act, as amended by this act, is reauthorized until June 30, 2025."
Effect of Amendment
2018 Act No. 152, Section 5, added (C) and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1726. Data-sharing initiatives.

All publicly funded early childhood-serving agencies and entities shall participate in data-sharing initiatives supported by the advisory council in furtherance of the requirements listed in Section 63-11-1725.
HISTORY: 2023 Act No. 81 (H.4023), Section 4, eff June 19, 2023.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1735. Repealed.

HISTORY: Former Section, titled BabyNet; definitions; compliance with federal law, had the following history: 2014 Act No. 287 (H.3428), Section 5. Repealed by 2018 Act No. 152, Section 9, eff April 12, 2018.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1740. Director and staff; salary duties.

The South Carolina First Steps to School Readiness Board of Trustees shall employ, by a majority vote, a director of the Office of South Carolina First Steps to School Readiness and other staff as necessary to carry out the South Carolina First Steps to School Readiness initiative, established in Title 59, Chapter 152, and other duties and responsibilities as assigned by the board. The director, with the approval of the board, shall hire such staff as is considered necessary to carry out the provisions of the initiative. The South Carolina First Steps to School Readiness Board of Trustees shall submit to the Agency Head Salary Commission, pursuant to Sections 8-11-160 and 8-11-165, justification of and recommendations for the salary and any salary increases for the Executive Director of the South Carolina Office of First Steps to School Readiness.
HISTORY: 2008 Act No. 361, Section 2; 2018 Act No. 152 (H.3591), Section 7, eff April 12, 2018.
Editor's Note
2013 Act No. 101, Section 117.114, provides as follows:
"117.114. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, is reauthorized for the duration of Fiscal Year 2013-2014."
2014 Act No. 286, Section 117.108, provides as follows:
"117.108. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, is reauthorized for the duration of Fiscal Year 2014-2015."
2018 Act No. 152, Section 8, provides as follows:
"SECTION 8. Section 20B. of Act 287 of 2014 [reauthorizing the South Carolina First Steps to School Readiness Act until July 1, 2016] is repealed. Act 99 of 1999, South Carolina First Steps to School Readiness Act, as amended by this act, is reauthorized until June 30, 2025."
Effect of Amendment
2018 Act No. 152, Section 7, added the third sentence.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1750. Funding.

(A) A separate fund must be established to accept nongovernmental grants, gifts, and donations from any public or private source for the South Carolina First Steps to School Readiness initiative. Each donor may designate up to one-half of their contribution to specific counties or a county. Both the designated and undesignated funds may be used to meet the local match required in Section 59-152-130. All funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested and all interest derived from the investment of these funds shall remain in the fund. The South Carolina First Steps to School Readiness Board of Trustees shall administer and authorize any disbursements from the fund. Private individuals and groups must be encouraged to contribute to this endeavor.
(B) In addition, a separate fund within the state general fund must be established for monies that may be appropriated by the General Assembly for the South Carolina First Steps to School Readiness initiative. These funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested. The South Carolina First Steps to School Readiness Board of Trustees shall administer and authorize any disbursements from the fund.
(C) All interest derived from the investment of the funds in subsections (A) and (B) shall remain a part of each respective fund.
HISTORY: 2008 Act No. 361, Section 2.
Editor's Note
2013 Act No. 101, Section 117.114, provides as follows:
"117.114. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, is reauthorized for the duration of Fiscal Year 2013-2014."
2014 Act No. 286, Section 117.108, provides as follows:
"117.108. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, is reauthorized for the duration of Fiscal Year 2014-2015."
2018 Act No. 152, Section 8, provides as follows:
"SECTION 8. Section 20B. of Act 287 of 2014 [reauthorizing the South Carolina First Steps to School Readiness Act until July 1, 2016] is repealed. Act 99 of 1999, South Carolina First Steps to School Readiness Act, as amended by this act, is reauthorized until June 30, 2025."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1900. Policy.

It is the policy of this State that:
(1) every child is entitled to live in safety and in health and to survive into adulthood;
(2) responding to child deaths is a state and a community responsibility;
(3) when a child dies, the response by the State and the community to the death must include an accurate and complete determination of the cause of death, the provision of services to surviving family members, and the development and implementation of measures to prevent future deaths from similar causes and may include court action, including prosecution of persons who may be responsible for the death and family court proceedings to protect other children in the care of the responsible person;
(4) professionals from disparate disciplines and agencies who have responsibilities for children and expertise that can promote child safety and well-being should share their expertise and knowledge toward the goals of determining the causes of children's deaths, planning and providing services to surviving children and nonoffending family members, and preventing future child deaths;
(5) a greater understanding of the incidence and causes of child deaths is necessary if the State is to prevent future child deaths;
(6) multi-disciplinary and multi-agency reviews of child deaths can assist the State in the investigation of child deaths, in the development of a greater understanding of the incidence and causes of child deaths and the methods for preventing such deaths, and in identifying gaps in services to children and families;
(7) access to information regarding deceased children and their families by the Department of Child Fatalities is necessary to achieve the department's purposes and duties; and
(8) competent investigative services must be sensitive to the needs of South Carolina's children and their families and not unnecessarily intrusive and should be achieved through training, awareness, and technical assistance.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1910. Definitions.

For purposes of this article:
(1) "Child" means a person under eighteen years of age.
(2) "Committee" means the State Child Fatality Advisory Committee.
(3) "Department" means the State Law Enforcement Division's Department of Child Fatalities.
(4) "Local child protective services agency" means the county department of social services for the jurisdiction where a deceased child resided.
(5) "Meeting" means both in-person meetings and meetings through telephone conferencing.
(6) "Preventable death" means a death which reasonable medical, social, legal, psychological, or educational intervention may have prevented.
(7) "Provider of medical care" means a licensed health care practitioner who provides, or a licensed health care facility through which is provided, medical evaluation or treatment, including dental and mental health evaluation or treatment.
(8) "Working day" means Monday through Friday, excluding official state holidays.
(9) "Unexpected death" includes all child deaths which, before investigation, appear possibly to have been caused by trauma, suspicious or obscure circumstances, or child abuse or neglect.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1950. Purpose and duties of committee.

(A) The purpose of the State Child Fatality Advisory Committee is to decrease the incidences of preventable child deaths by:
(1) developing an understanding of the causes and incidences of child deaths;
(2) developing plans for and implementing changes within the agencies represented on the committee which will prevent child deaths; and
(3) advising the Governor and the General Assembly on statutory, policy, and practice changes which will prevent child deaths.
(B) To achieve its purpose, the committee shall:
(1) meet with the department no later than one month after the department receives notification by the county coroner or medical examiner pursuant to Section 17-5-540 to review the investigation of the death;
(2) undertake annual statistical studies of the incidences and causes of child fatalities in this State. The studies shall include an analysis of community and public and private agency involvement with the decedents and their families before and subsequent to the deaths;
(3) the committee shall consider training, including cross-agency training, consultation, technical assistance needs, and service gaps. If the committee determines that changes to any statute, regulation, policy, or procedure is needed to decrease the incidence of preventable child deaths, the committee shall include proposals for changes to statutes, regulations, policies, and procedures in the committee's annual report;
(4) educate the public regarding the incidences and causes of child deaths, the public role in preventing these deaths, and specific steps the public can undertake to prevent child deaths. The committee shall enlist the support of civic, philanthropic, and public service organizations in performing the committee's education duties;
(5) develop and implement policies and procedures for its own governance and operation;
(6) submit to the Governor and the General Assembly, an annual written report and any other reports prepared by the committee, including, but not limited to, the committee's findings and recommendations. Annual reports must be made available to the public.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1960. Access to information.

Upon request of the department and as necessary to carry out the department's purpose and duties, the department immediately must be provided:
(1) by a provider of medical care, access to information and records regarding a child whose death is being reviewed by the department, including information on prenatal care;
(2) access to all information and records maintained by any state, county, or local government agency, including, but not limited to, birth certificates, law enforcement investigation data, county coroner or medical examiner investigation data, parole and probation information and records, and information and records of social services and health agencies that provided services to the child or family, including information made strictly confidential in Section 63-7-940 concerning unfounded reports of abuse or neglect.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1970. Subpoena power.

When necessary in the discharge of the duties of the department and upon application of the department, the clerks of court shall issue a subpoena or subpoena duces tecum to any state, county, or local agency, board, or commission or to any representative of any state, county, or local agency, board, or commission or to a provider of medical care to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other relevant records to the discharge of the department's duties. Failure to obey a subpoena or subpoena duces tecum issued pursuant to this section may be punished as contempt.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1980. Confidentiality of meetings.

(A) Meetings of the committee and department are closed to the public and are not subject to Chapter 4, Title 30, the Freedom of Information Act, when the committee and department are discussing individual cases of child deaths.
(B) Except as provided in subsection (C), meetings of the committee are open to the public and subject to the Freedom of Information Act when the committee is not discussing individual cases of child deaths.
(C) Information identifying a deceased child or a family member, guardian, or caretaker of a deceased child, or an alleged or suspected perpetrator of abuse or neglect upon a child may not be disclosed during a public meeting and information regarding the involvement of any agency with the deceased child or family may not be disclosed during a public meeting.
(D) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned not more than six months, or both.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1990. Confidentiality of information.

(A) All information and records acquired by the committee and by the department in the exercise of their purposes and duties pursuant to this article are confidential, exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act, and only may be disclosed as necessary to carry out the committee's and department's duties and purposes.
(B) Statistical compilations of data which do not contain information that would permit the identification of a person to be ascertained are public records.
(C) Reports of the committee and department which do not contain information that would permit the identification of a person to be ascertained are public information.
(D) Except as necessary to carry out the committee's and department's purposes and duties, members of the committee and department and persons attending their meeting may not disclose what transpired at a meeting which is not public under Section 63-11-1970 and may not disclose information, the disclosure of which is prohibited by this section.
(E) Members of the committee, persons attending a committee meeting, and persons who present information to the committee may not be required to disclose in any civil or criminal proceeding information presented in or opinions formed as a result of a meeting, except that information available from other sources is not immune from introduction into evidence through those sources solely because it was presented during proceedings of the committee or department or because it is maintained by the committee or department. Nothing in this subsection may be construed to prevent a person from testifying to information obtained independently of the committee or which is public information.
(F) Information, documents, and records of the committee and department are not subject to subpoena, discovery, or the Freedom of Information Act, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or the Freedom of Information Act through those sources solely because they were presented during proceedings of the committee or department or because they are maintained by the committee or department.
(G) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-2110. Military-Connected Children's Welfare Task Force.

(A) There is created the "Military-Connected Children's Welfare Task Force" for the purpose of identifying issues related to military-connected children and opening communication between child welfare agencies of this State and local military installations. The task force shall study issues relating to military-connected children as the task force may undertake or as may be requested by the General Assembly.
(B) The task force is to be comprised of the following members:
(1) the Director of the Department of Health and Human Services, or his designee;
(2) the Governor, or his designee;
(3) the Speaker of the House of Representatives, or his designee;
(4) the President of the Senate, or his designee; and
(5) a representative of the Children's Trust Fund.
(C) The task force shall meet as soon as practicable after the effective date of this act for organizational purposes.
(D) The task force shall submit an annual written report to the General Assembly including recommendations to facilitate and open communication between child welfare agencies of this State and local military installations. The findings and recommendations of the task force shall be posted on the Department of Health and Human Services' website.
(E) The members of the task force shall serve without compensation and may not receive mileage or per diem.
HISTORY: 2014 Act No. 289 (S.825), Pt IV, Section 4, eff June 23, 2014; 2019 Act No. 1 (S.2), Section 79, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 79, in (B)(4), substituted "President of the Senate" for "President Pro Tempore of the Senate".
Article 22
Department of Children's Advocacy
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-2210. Department of Children's Advocacy established.

There is created the Department of Children's Advocacy. The department shall be headed by the State Child Advocate, who is the director of the department. The Governor shall appoint the State Child Advocate from three candidates recommended by the Joint Citizens and Legislative Committee on Children and upon the advice and consent of the Senate for a term of six years. The Governor may reappoint the State Child Advocate for additional terms. The State Child Advocate is subject to removal by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity upon recommendation of the Joint Citizens and Legislative Committee on Children. A vacancy shall be filled in the same manner as appointment.
HISTORY: 2018 Act No. 160 (S.805), Section 1, 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."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-2215. Administrative support of department.

The Department of Administration shall provide administrative support to the Department of Children's Advocacy for the performance of its duties, including, but not limited to, financial accounting support, human resources administrative support, information technology shared services support, procurement services, and logistical support.
HISTORY: 2018 Act No. 160 (S.805), Section 1, 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."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-2220. Composition of department; salaries.

The department shall be comprised of deputy child advocates, investigators, and other staff to be employed as necessary by the State Child Advocate to carry out the duties of the department as authorized by law. The deputy child advocates serve at will and may be removed by the State Child Advocate. The State Child Advocate shall fix the salaries of all staff subject to the funds authorized in the annual general appropriations act.
HISTORY: 2018 Act No. 160 (S.805), Section 1, 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."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-2230. Definitions.

For purposes of this article:
(1) "Critical incident" means the fatality, near fatality, or serious bodily or emotional injury of a child who is in the custody of or receiving services from a state agency, or circumstances that result in a reasonable belief that a state agency failed in its duty to protect a child, resulting in the imminent risk or suffering of serious bodily or emotional injury, or death, of a child.
(2) "State agency" means an agency as provided in Section 63-11-2240(A).
HISTORY: 2018 Act No. 160 (S.805), Section 1, 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."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-2240. State Child Advocate; responsibilities; qualifications.

(A) The State Child Advocate is responsible for ensuring that children receive adequate protection and care from services or programs offered by the Department of Social Services, the Department of Mental Health, the Department of Health and Human Services, the Department of Juvenile Justice, the Department of Health and Environmental Control, the Department of Disabilities and Special Needs, the John de la Howe School, the Wil Lou Gray Opportunity School, and the School for the Deaf and the Blind.
(B) The State Child Advocate must not have been the director or deputy director of a state agency for a period of four years preceding his appointment. This subsection does not apply to deputy directors employed by the Department of Children's Advocacy.
(C) The State Child Advocate must be selected without regard to political affiliation and on the basis of integrity and a capability for strong leadership and must possess the following minimum qualifications:
(1) a baccalaureate degree from an accredited college or university; and
(2) at least ten years of experience in family or children's law, children's social work, or children's health and welfare.
HISTORY: 2018 Act No. 160 (S.805), Section 1, 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."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-2250. Confidentiality.

Any and all information and records acquired by the Department of Children's Advocacy in the exercise of the office's purpose and duties under this chapter shall be confidential and exempt from public disclosure under Chapter 4, Title 30.
HISTORY: 2018 Act No. 160 (S.805), Section 1, 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."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-2260. Compensation of State Child Advocate.

The State Child Advocate shall receive compensation as established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriations act.
HISTORY: 2018 Act No. 160 (S.805), Section 1, 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."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-2290. Toll-free public telephone number and electronic complaint submission form; agencies required to post number and web address.

(A) The Department of Children's Advocacy shall establish a toll-free public telephone number and an electronic complaint submission form on the department's website for the purpose of receiving complaints relative to the provision of services to children by a state agency. The department shall transfer a complainant to the appropriate agency if the complainant's submission is related to abuse, neglect, or an open matter within another agency.
(B) The following agencies must post the toll-free public telephone number and the web address of the department's electronic complaint submission form prominently in clear view of all employees and the public and in a conspicuous location on the agency's website:
(1) Department of Social Services;
(2) Department of Mental Health;
(3) Department of Juvenile Justice;
(4) Department of Health and Environmental Control;
(5) Department of Health and Human Services;
(6) Department of Disabilities and Special Needs;
(7) John de la Howe School;
(8) School for the Deaf and the Blind; and
(9) Wil Lou Gray Opportunity School.
HISTORY: 2018 Act No. 160 (S.805), Section 1, 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."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-2295. Complaints regarding State Child Advocate and department.

(A) Complaints regarding any allegations against the State Child Advocate, the Department of Children's Advocacy, or any of its affiliated divisions should be submitted in writing to the State Inspector General under the authority provided by the provisions of Chapter 6, Title 1. The State Inspector General shall determine if an investigation is warranted and shall provide a written finding at the end of an investigation, which must be provided to the complainant, the Governor, the Joint Citizens and Legislative Committee on Children, and the State Child Advocate. The State Child Advocate shall develop policies and procedures for receipt of such complaints and their referral to the State Inspector General.
(B) No discriminatory, disciplinary, or retaliatory action may be taken against an employee of an agency, an employee of an entity contracting with an agency, a foster parent, or a recipient of family and children's services for any communication made, or information given or disclosed, to aid the department in carrying out its responsibilities, unless the communication or information is made, given, or disclosed maliciously or without good faith.
HISTORY: 2018 Act No. 160 (S.805), Section 1, 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."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-2400. South Carolina Child Abuse Response Protocol; failure to comply with protocol.

In the investigation of a known or suspected crime against a child, a multidisciplinary team must follow the South Carolina Child Abuse Response Protocol as developed by the South Carolina Children's Justice Act Task Force and the South Carolina Network of Children's Advocacy Centers. Failure to comply with the South Carolina Child Abuse Response Protocol may not be used by the defense in any prosecution and is not grounds for dismissal of any criminal charge, nor does it provide any cause of action against any state agency, political subdivision, member of a multidisciplinary team, member of any prosecutor's office, member of any law enforcement agency, or law enforcement officer.
HISTORY: 2021 Act No. 28 (S.229), Section 2, eff May 6, 2022.
Editor's Note
2021 Act No. 28, Section 1, provides as follows:
"SECTION 1. This act must be known and may be cited as the 'South Carolina Child Abuse Response Protocol Act'."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-2410. Establishment of Child Abuse Protocol Review Committee; membership; meetings.

(A) The South Carolina Children's Justice Act Task Force and the South Carolina Network of Children's Advocacy Centers shall develop and provide initial training on the protocol and updated training as needed for this purpose. The protocol must be publicly available and must be annually reviewed and updated as needed by an advisory committee known as the Child Abuse Protocol Review Committee.
(B)(1) The Governor shall appoint the members of the Child Abuse Protocol Review Committee and may consult with the South Carolina Children's Justice Act Task Force and the South Carolina Network of Children's Advocacy Centers in making his appointments. The committee shall consist of thirteen members as follows:
(a) the Executive Director of the South Carolina Network of Children's Advocacy Centers, or his designee;
(b) one member from state law enforcement;
(c) one member from county law enforcement;
(d) one member from a solicitor's office;
(e) the Executive Director of the Department of Social Services, or his designee;
(f) one member who is the Medical Director of the South Carolina Children's Advocacy Medical Response System, or his designee;
(g) one member from the State Guardian Ad Litem Program or Richland County Court Appointed Special Advocates;
(h) one member from a school district;
(i) one member from a statewide organization experienced in working with children with all disabilities;
(j) the Executive Director of the South Carolina Police Chief's Association, or his designee;
(k) the Executive Director of the South Carolina Sheriff's Association, or his designee; and
(l) two at-large members.
(2) The Department of Children's Advocacy shall convene the first meeting of the committee for the purpose of electing a chair and shall thereafter provide staff support to the committee. Members of the committee shall serve for terms of four years and may serve in a holdover capacity for up to six months after the expiration of their term, should a qualified successor not be appointed.
HISTORY: 2021 Act No. 28 (S.229), Section 2, eff May 6, 2021, eff May 6, 2022.
Editor's Note
2021 Act No. 28, Sections 1 and 4, provide as follows:
"SECTION 1. This act must be known and may be cited as the 'South Carolina Child Abuse Response Protocol Act'."
"SECTION 4. SECTION 1 and Section 63-11-2410(B), as added by this act, take effect upon approval by the Governor. The remaining provisions take effect one year after approval by the Governor."