reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 19 - ESTABLISHING ELIGIBILITY FOR OPTIONAL SUPPLEMENTATION › Section 114-1920 - Eligibility Determination

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Individuals or couples shall be eligible for OS payments if they meet the
			 following requirements:
(1) Have been
			 determined to be aged, blind or disabled by the Social Security Administration
			 (SSA) or by the agency in accordance with SSA criteria;
(2) Reside in a RCF licensed by either the
			 Department of Social Services or the Department of Mental Health;
(3) Have resources that do not exceed the
			 resource reserve limitations set by the SSI Program;
(4) Receive an SSI payment, which when
			 combined with other countable income gives them total income less than the NIL
			 appropriate to their living situation, or
(5) Receive countable income that exceeds the
			 SSI payment standard, but is less than the NIL appropriate to their living
			 situation.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 19 - ESTABLISHING ELIGIBILITY FOR OPTIONAL SUPPLEMENTATION › Section 114-1930 - Termination, Suspension or Reduction of Benefits

Current through Register Vol. 48, No. 6, June 28, 2024
Eligibility for further OS payments shall be terminated as soon
				as information indicating ineligibility is reported. Procedures of South
				Carolina Regulation Regulation 114-1030 shall be followed.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 27 - FOOD STAMP ISSUANCE › Section 114-2710 - General

Current through Register Vol. 48, No. 6, June 28, 2024
The Department of Social Services is designated by the United
				States Department of Agriculture as the single State agency to administer the
				Food Stamp Program. The Food Stamp Program, as provided for in the Food Stamp
				Act of 1977, is operated by the State under the regulations set forth in Title
				7, Code of Federal Regulations, Parts 210-299. Part 274 of these regulations
				contain options from which the State can choose regarding issuance of food
				stamp benefits to eligible households. Federal and State regulations must be
				consulted for a complete depiction of the State's food stamp issuance
				responsibilities. These State regulations describe the issuance of food stamp
				benefits using an Electronic Benefits Transfer System, as permitted by Title 7,
				Code of Federal Regulations, Part 274. Counties within the state were phased
				into EBT group by group. Statewide implementation of EBT was accomplished on
				December 1, 1995.
Title 7, Code of Federal Regulations, Part 278, Participation
				of Retail Food Stores, Wholesale Food Concerns and Insured Financial
				Institutions, is also referenced as it pertains to part of this
				regulation.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 27 - FOOD STAMP ISSUANCE › Section 114-2720 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
The South Carolina Department of Social Services (SCDSS)
				incorporates by reference the definitions found in Title 7, Code of Federal
				Regulations, Part 274.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 27 - FOOD STAMP ISSUANCE › Section 114-2730 - Food Stamp Issuance

Current through Register Vol. 48, No. 6, June 28, 2024
The South Carolina Department of Social Services issues food
				stamp benefits to eligible households through its Electronic Benefits Transfer
				(EBT) system. SCDSS is responsible for the establishment of EBT accounts and
				transfer of food stamp benefits to the automated EBT system. SCDSS credits EBT
				accounts based on eligibility data and debits individual EBT accounts based on
				food purchase transactions performed by eligible households at authorized food
				retailer sites in the State through an electronic, real time point-of-sale
				system. SCDSS contracts with a financial services company (EBT Contractor) to
				provide the majority of the State's EBT Services.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 27 - FOOD STAMP ISSUANCE › Section 114-2740 - Ongoing Major Responsibilities

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 County SCDSS Office Staff.
(1) Establish
			 eligibility of Food Stamp Program households;
(2) Authorize production of EBT
			 cards;
(3) Train eligible
			 households on the EBT system, the use and protection of the EBT card, food
			 stamp benefit availability, Personal Identification Number (PIN) selection and
			 security, etc.;
(4) Receive and
			 control embossed and encoded EBT cards;
(5) Issue EBT cards and manage PIN
			 selection:
(6) Authorize conversion
			 of EBT benefits to paper food stamp coupons in the event an eligible benefit
			 group moves to an area inside or outside the State where EBT is not used as a
			 method of food stamp benefit issuance.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 27 - FOOD STAMP ISSUANCE › Section 114-2750 - EBT Services Interaction

Current through Register Vol. 48, No. 6, June 28, 2024
The EBT process requires interactions between Food Stamp
				Program recipients (households), SCDSS, authorized food retailers and the EBT
				Contractor.
A. Food Stamp Program
			 Household/SCDSS Interaction
(1) When Program
			 eligibility and benefit levels are established, each Food Stamp Program
			 household will go through the following process:
(a) Be scheduled for EBT training in the
			 SCDSS county office;
(b) Be present
			 on the scheduled training date for EBT training including viewing of an EBT
			 video;
(c) Have EBT card issued by
			 SCDSS county staff;
(d)
			 Independently selects a PIN by means of an online Customer Activated PIN
			 Selection (CAPS) device;
(e) If
			 needed, participate in the question and answer phase of training.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 33 - PROTECTIVE SERVICES FOR ADULTS › Section 114-3310 - Definitions, General Requirements, and Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
A. The agency shall provide protective
			 services for adults who have been determined to be in need of such services in
			 order to remedy or prevent situations of abuse, neglect or
			 exploitation.
B. Protective
			 services for adults shall be directed toward identifying and correcting
			 conditions of actual or potential abuse, neglect or exploitation of persons
			 eighteen (18) years of age or older who are senile, persons with intellectual
			 disability, developmentally disabled or otherwise incapacitated.
C. Definitions of terms found in S. C. Code,
			 1976, Section 43-29-10 shall apply in this article.
CODE COMMISSIONER'S NOTE
Pursuant to 2011 Act No. 47, Section 14(B), the Code
				  Commissioner substituted "intellectual disability" or "mental retardation" and
				  "person with intellectual disability" or "persons with intellectual disability"
				  for "mentally retarded".
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 33 - PROTECTIVE SERVICES FOR ADULTS › Section 114-3320 - Initiation Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A. Person
			 may file complaints concerning situations of abuse, neglect, or exploitation
			 with which they are familiar by writing or calling the local county Department
			 of Social Services. The reporter may remain anonymous.
B. Individuals in need of help may request
			 that protective services be provided to them by the local county Department of
			 Social Services.
C. The agency may
			 provide protective services to individuals pursuant to order of the Family
			 Court.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 33 - PROTECTIVE SERVICES FOR ADULTS › Section 114-3330 - Determination of Need

Current through Register Vol. 48, No. 6, June 28, 2024
A. When
			 complaints, reports, or requests are received by the county Department of
			 Social Services, the agency shall investigate the circumstances complained of
			 in order to determine whether the report is substantiated or unsubstantiated.
			 The investigation process may include, but is not limited to, home visitation,
			 interviews with neighbors, and review of medical or social service
			 records.
B. A complaint will be
			 deemed substantiated when the agency's investigation discloses evidence of
			 abuse, neglect, or exploitation. Evidence may be directly observed by the
			 investigator, or directly gathered from reliable sources.
C. If no supporting evidence of the
			 allegation is revealed by agency investigation, the report shall be deemed
			 unsubstantiated and protective services will not be supplied.
D. Law enforcement authorities shall be
			 notified by the agency when an adult has been reported to have been abused,
			 neglected, or exploited by another.
E. When a county Department of Social
			 Services receives a report of alleged abuse, neglect, or exploitation of an
			 individual residing in a hospital, institution, or a facility operated by the
			 state, the report shall be referred to the State Law Enforcement Division, the
			 State Ombudsman, or the Circuit Solicitor.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 33 - PROTECTIVE SERVICES FOR ADULTS › Section 114-3340 - Scope of the Program

Current through Register Vol. 48, No. 6, June 28, 2024
A. Adults
			 determined by the agency to be in need of protective services shall be eligible
			 for such services without regard to income. All services shall be rendered
			 pursuant to S.C.R. 114-35-70.
B.
			 Services provided may include, but not limited to, the following:
(1) Counseling with the client or other
			 involved persons in order to remedy or prevent abusive, neglectful, or
			 exploitive circumstances.
(2)
			 Protective placement of the adult client upon a voluntary agreement or by order
			 of the Family Court.
(3) Health
			 related services to treat physical or mental illness. The caseworker shall not
			 sign any consents for surgery unless the surgery is specifically authorized by
			 the appropriate court.
(4)
			 Homemaker services to assist the client with daily living activities in the
			 home.
(5) Emergency caretaker
			 services to provide responsible adult supervision on a temporary basis for an
			 adult in need of protection.
(6)
			 Referral to Probate Court, or the appropriate agency, such as Social Security
			 Administration or Veteran's Administration, in order to assist in the
			 establishment of a representative or protective payee for protective services
			 client.
(7) Facilitation in the
			 provision of any other Title XX service as determined by the needs of the
			 client.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 33 - PROTECTIVE SERVICES FOR ADULTS › Section 114-3350 - Denial or Termination of Services

Current through Register Vol. 48, No. 6, June 28, 2024
A. All cases involving unsubstantiated
			 reports or voluntary requests for protective services may be terminated at the
			 client's request, or on initiative of the Department of Social
			 Services.
B. All cases involving
			 substantiated reports may be terminated by the Department of Social Services
			 only when the client is found to be no longer at risk of harm from himself or
			 others.
C. All cases involving
			 services or custody by order to the Family Court can be terminated only by a
			 subsequent order to that effect by the Family Court.
D. A protective services client may appeal a
			 decision made, or action taken, by the Department of Social Services, and may
			 request a fair hearing pursuant to Article Three of these
			 regulations.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 33 - PROTECTIVE SERVICES FOR ADULTS › Section 114-3360 - Prior Regulations Repealed

Current through Register Vol. 48, No. 6, June 28, 2024
All regulations concerning Adult Protective Services previously
				promulgated by the agency are hereby repealed, including: regulation 114-410.1;
				and those listed on pages 485-486 of Volume 26 of the Code of Laws of South
				Carolina, 1976 [repeal refers to pages of former Volume 26, prior to
				publication, in 1980, of New Binders 26 and 27, and the current 2012
				publication.]
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 40 - LEGAL ASSISTANCE TO MINORS SEEKING ABORTIONS › Section 114-4000 - Division to Implement Procedures to Assist Minors Seeking Abortions

Current through Register Vol. 48, No. 6, June 28, 2024
The Division of Adoption and Birth Parent Services of the
				Department of Social Services shall implement procedures to assist minors in
				the preparation and filing of petitions for court orders granting them the
				right to obtain an abortion without consent.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 40 - LEGAL ASSISTANCE TO MINORS SEEKING ABORTIONS › Section 114-4010 - Minors to Be Treated with Compassion, Dignity and Respect

Current through Register Vol. 48, No. 6, June 28, 2024
All minors shall be treated with compassion, dignity and
				respect.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 43 - ADOPTION SERVICES › Section 114-4370 - Certification of Adoption Investigators and Persons Obtaining Consents or Relinquishments

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Definitions
(1) Person -an individual, self
			 employed or employed by an agency, corporation or professional
			 association.
(2) Department -the
			 South Carolina Department of Social Services.
(3) Child placing agency or agency -the State
			 Department of Social Services and any person or entity as defined in Section
			 20-7-1650(e).
(4) Consent -the
			 informed and voluntary release in writing of all parental rights with respect
			 to a child by a parent for the purpose of adoption, or the informed and
			 voluntary release in writing of all custodial or guardianship rights, or both,
			 with respect to a child by the child placing agency or person facilitating the
			 placement of the child for adoption where the child's parent previously has
			 executed a relinquishment to that agency or person.
(5) Relinquishment -the informed and
			 voluntary release in writing of all parental rights with respect to a child by
			 a parent to a child placing agency or to a person who facilitates the placement
			 of a child for the purpose of adoption and to whom the parent has given the
			 right to consent to the adoption of the child.
(6) Investigation and reports -Pursuant to
			 section 20-7-1740, before the final hearing for adoption of a child,
			 investigations and reports must be completed in accordance with the following:
(a) Before the placement of any child by any
			 agency or by any person with a prospective adoptive parent, a preplacement
			 investigation, a background investigation and reports of these investigations
			 must be completed;
(b) A
			 postplacement investigation and report of this investigation must be completed
			 after the filing of the adoption petition.
(7) Court -any Family Court in this
			 state.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 43 - ADOPTION SERVICES › Section 114-4380 - Supplemental Benefits for Adoption and Medical Assistance

Current through Register Vol. 48, No. 6, June 28, 2024
A. Definitions.
1. Supplemental Benefits: State funded
			 payments for the care and support of an adopted child.
2. The Department: The South Carolina
			 Department of Social Services.
3.
			 Family: The adoptive family who is adopting or has adopted a child, or the
			 caregiver.
4. Caregiver: The person
			 who provides care and support after the death or disability of the adoptive
			 parent(s).
5. Child: The adoptive
			 child for whom Supplemental Benefits payments are authorized.
6. Adoption Assistance Agreement: An Adoption
			 Subsidy Agreement or contract between an adoptive family and the Department or
			 another adoption assistance state for ongoing or time limited financial support
			 through federal or state public funds.
7. Special Needs Child: A legally free child
			 for whom reasonable but unsuccessful efforts have been made to place without
			 subsidy except where it would be against the best interest of the child because
			 of significant emotional ties with foster parents and the child meets one or
			 more of the following criteria:
(a) A white
			 child ten years old or older;
(b) A
			 black or mixed race child six years old or older;
(c) A physically, mentally or emotionally
			 handicapped child or a child at risk for physical, mental or emotional
			 handicaps due to a condition existing before adoption;
(d) A member of a white sibling group of
			 three or more children, one of whom is at least six years of age, or a sibling
			 group of four or more white children of any age;
(e) A member of a black or mixed race sibling
			 group of two or more children, one of whom is at least six years of age, or a
			 sibling group of three or more black or mixed race children of any
			 age;
(f) A member of a sibling
			 group that includes a special needs child.
8. ICAMA: The Interstate Compact on Adoption
			 and Medical Assistance.
9. Medical
			 Assistance Identification: Medicaid Card.
10. Prior Approval: Required authorization
			 for payment of Supplemental Benefits funds for residential treatment and for
			 purchases of medical or rehabilitative equipment which costs more than the
			 amount specified in the adoption assistance agreement.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 45 - CHILD PROTECTIVE SERVICES INVOLVING INSTITUTIONS GENERALLY › Section 114-4510 - Purposes

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Department
			 of Social Services (DSS) shall receive, investigate, and act on reports of
			 suspected abuse or neglect of children residing in an institution, and where
			 the person or persons alleged to be responsible are employees of that
			 institution or are persons affiliated with that child caring
			 institution.
B. For the purposes of
			 this article, the following definitions shall apply:
(1) Abuse and Neglect--All as defined in
			 Section 20-7-490, Code of Laws of S.C., 1982 amended.
(2) Institution--any public or private
			 residential facility and its affiliated group or foster homes which provides
			 care or supervision to children under the age of eighteen.
(3) Indicated report--a report shall be
			 deemed indicated when the facts available to DSS indicates that abuse or
			 neglect, as defined in S.C. Code 1976, Section 20-7-490 et seq., is more likely
			 than not to have occurred.
(4)
			 Unfounded report--whenever the facts available to DSS do not indicate a finding
			 in accordance with item (2) above, the referral shall be deemed
			 unfounded.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 45 - CHILD PROTECTIVE SERVICES INVOLVING INSTITUTIONS GENERALLY › Section 114-4520 - Investigations

Current through Register Vol. 48, No. 6, June 28, 2024
A. The State
			 Department of Social Services shall investigate reports of child abuse or
			 neglect when the facility under whose jurisdiction such as abuse or neglect is
			 alleged to have occurred provides residential group care to children under the
			 age of eighteen; the State Department of Social Services shall have the
			 authority to request the assistance of a County Department of Social Services
			 in conducting the investigation.
B.
			 Investigations conducted by the agency:
(1)
			 Shall be initiated within twenty-four hours of receipt of the referral;
			 and
(2) May include, but not be
			 limited to:
(a) A viewing of the physical
			 premises where the incident is alleged to have occurred;
(b) Private interviews with the involved
			 child(ren) and any other child(ren) as appropriate;
(c) Private interviews with the alleged
			 perpetrator(s), administrative staff, and other individuals;
(d) The review of any documents or records
			 related to the incident;
(e) A
			 review of any statement or policy or procedure which may have impact on the
			 current or former residents of the facility;
(f) Exit interview with proper administrative
			 staff.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 45 - CHILD PROTECTIVE SERVICES INVOLVING INSTITUTIONS GENERALLY › Section 114-4530 - Agreements

Current through Register Vol. 48, No. 6, June 28, 2024
DSS may enter into written agreements with other State Agencies
				as to procedures to be used in the conduct of Institutional Abuse or Neglect
				investigations and the issuance of reports; and such written agreements may
				vary the terms of these Regulations so long as they are not violative of any
				Statute.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 45 - CHILD PROTECTIVE SERVICES INVOLVING INSTITUTIONS GENERALLY › Section 114-4540 - Further Action

Current through Register Vol. 48, No. 6, June 28, 2024
DSS may petition the appropriate Family Court, pursuant to the
				Child Protection Act for inspection orders and other relief that may be
				necessary to complete an investigation of a report of alleged child abuse or
				neglect.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 45 - CHILD PROTECTIVE SERVICES INVOLVING INSTITUTIONS GENERALLY › Section 114-4550 - Prior Regulation Repealed

Current through Register Vol. 48, No. 6, June 28, 2024
All regulations concerning the provision of child protective
				services in institutions previously promulgated by DSS are hereby
				repealed.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 47 - CHILD SUPPORT GUIDELINES › Section 114-4710 - Use of the Guidelines

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 Child Support Guidelines are available to be used for temporary and permanent
			 orders, actions for separate maintenance and support, divorce and child support
			 awards. Additionally, the guidelines are to be used to assess the adequacy of
			 agreements for support and encourage settlement of this issue between parties.
			 The implementation date of these guidelines shall be January 1, 2024.
1. In any proceeding in which child support
			 is an issue, the amount of the award which would result from the application of
			 these guidelines is the amount of the child support to be awarded. However, a
			 different amount may be awarded upon a showing that application of the
			 guidelines is inappropriate. When the court orders a child support award that
			 varies significantly from the amount resulting from the application of the
			 guidelines, the court shall make specific, written findings of those facts upon
			 which it bases its conclusion supporting that award.
2. In cases where the parents' combined
			 monthly gross income is less than $750.00, the guidelines provide for a
			 case-by-case determination of child support, which should ordinarily be set at
			 no less than $100.00 per month. In those cases, the court should take care to
			 award an amount of child support that would not jeopardize the ability of the
			 parent with the legal obligation to pay support to live at a minimum level of
			 subsistence. However, the guidelines encourage that a specific amount of child
			 support always be ordered to establish in the payer's mind the principle of the
			 parent's obligation to pay as well as lay the basis for increased/decreased
			 orders if income changes in the future.
3. These guidelines provide for calculated
			 amounts of child support for a combined parental gross income of up to $40,000
			 per month, or $480,000 per year. Where the combined gross income is higher,
			 courts should determine child support awards on a case-by-case
			 basis.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 47 - CHILD SUPPORT GUIDELINES › Section 114-4740 - Periodic Review

Current through Register Vol. 48, No. 6, June 28, 2024
Every three years, if there is an assignment under part A of
				Title IV of the Social Security Act, or upon the request of either parent where
				an assignment exists under part D of Title IV of the Social Security Act, the
				Department of Social Services shall with respect to a support order being
				enforced under this part, taking into account the best interests of the child
				involved, review and, if appropriate, adjust the order in accordance with the
				guidelines if the amount of child support award under the order differs from
				the amount that would be awarded in accordance with the guidelines. Adjustments
				to support orders can only be done for those with assignments under part A of
				Title IV of the Social Security Act or part D of Title IV of the Social
				Security Act, and must be done pursuant to Article 5 of Chapter 17 of the South
				Carolina Children's Code.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 47 - CHILD SUPPORT GUIDELINES › Section 114-4750 - Child Support Guidelines Schedule and Worksheets

Current through Register Vol. 48, No. 6, June 28, 2024
South Carolina Child Support Guidelines Schedule and worksheets
				are specifically incorporated into these regulations by reference. Copies of
				the Schedule and worksheets are on file with the Legislative Council and may
				also be obtained from the State Department of Social Services and local clerks
				of court offices.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 49 - CHILD PLACING AGENCIES REGULATIONS › Section 114-4920 - Administration and Organization of Child Placing Agencies

Current through Register Vol. 48, No. 6, June 28, 2024
A. Administration
(1) The child placing agency shall meet the
			 following requirements:
(a) Have an office and
			 staff located within the state, or within a twenty five (25) mile radius,
			 and
(b) Shall be incorporated in
			 South Carolina, or shall be lawfully doing business in this state in accordance
			 with all applicable statutes and regulations.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 49 - CHILD PLACING AGENCIES REGULATIONS › Section 114-4930 - Requirements for Licenses and Types of Licenses

Current through Register Vol. 48, No. 6, June 28, 2024
A. Application. After the receipt of the
			 application for licensure/relicensure by the Department, the Department shall
			 initiate a licensing study within two (2) weeks and shall complete the study
			 within ninety (90) days.
B.
			 Issuance. Upon completion and submission of the licensing/relicensing study to
			 the Department, the Department shall issue a Temporary license or a Standard
			 license or deny the application/reapplication.
C. Display of License. The license is the
			 property of the Department and shall be prominently displayed at all
			 times.
D. Compliance. Any child
			 placing agency which operates any form of child care program, whether day care
			 or residential in nature, must comply with all applicable State regulatory
			 requirements for that type of child care program.
E. Standard License. The Department shall
			 issue a Standard License when a child placing agency meets all the regulations.
			 A Standard License is in effect for one (1) year from the date of issuance
			 unless cancelled, modified to a Temporary License, revoked or
			 suspended.
F. Temporary License
(1) The Department may grant a Temporary
			 License to a child placing agency that is temporarily unable to comply with a
			 regulation(s).
(2) The licensee
			 shall have a written plan, approved by the Department, to correct the areas of
			 noncompliance within the probationary period.
(3) A Temporary License may be issued for up
			 to six (6) months. It may be extended once for an additional six (6) months
			 after consideration of noted deficiencies.
(4) A Temporary License that states the
			 condition of the probation may be issued at any time; provided, however, that a
			 Temporary License may only be issued when the Department is satisfied that:
(a) The regulations can and will be met
			 within a reasonable time, and;
(b)
			 The deviations do not seriously threaten the health and safety of children, or
			 otherwise adversely affect clients.
(5) Any existing license is invalid when a
			 Temporary License is issued.
(6) At
			 the expiration date of the Temporary License, if the provider wishes to
			 continue or remain open the Department shall reinstate the original license to
			 the end of its term, issue a new license, or revoke the license.
(7) To request a change from a Temporary
			 License to a Standard License, the child placing agency shall notify the
			 Department that all deficiencies which required the Temporary License have been
			 corrected.
(8) After the Department
			 determines that the areas of noncompliance have been corrected, a Standard
			 License shall be issued.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 49 - CHILD PLACING AGENCIES REGULATIONS › Section 114-4940 - Relicensing Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A. Renewal
			 Process. Each year, all licensed child placing agencies shall receive written
			 notification from the Department within ninety (90) days prior to the renewal
			 date of the license. Where the Department has failed to so notify, the license
			 shall be valid for an additional ninety (90) days from the date of actual
			 notification unless revoked for other reasons.
B. Application Requirements. When the child
			 placing agency submits an application for renewal prior to the current
			 expiration date, the current license shall remain in effect until the
			 Department issues a new license or denies the renewal application. An
			 application is not considered complete unless all required supporting
			 documentation is attached. Failure to supply all required documentation may
			 result in denial of a license. The complete relicensing application shall be
			 submitted to the Department at least sixty (60) days prior to the expiration
			 date of the current license.
C.
			 Application Content. The following information shall be submitted to the
			 Department along with the application for renewal:
(1) DSS Form 1536, Original
			 Licensing/Relicensing/Changes for Residential Facility and Child Placing Agency
			 Form;
(2) DSS Form 1520, Annual
			 Report of Children Under Care or Supervision of Licensed Child Placing
			 Agencies;
(3) Copy of the financial
			 report certified by a Certified Public Accountant (CPA) for the fiscal year
			 prior to current licensing period;
(4) A list of job descriptions including
			 qualifications of current administrative and program staff;
(5) For any new program staff since the
			 previous licensing/relicensing, a statement complying with R. 114-49-10
			 C(6);
(6) A written report of any
			 major changes in program since the last license was issued or any changes
			 planned for the new license period;
(7) All fee schedules.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 49 - CHILD PLACING AGENCIES REGULATIONS › Section 114-4950 - Confidentiality Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Child
			 placing agencies and their personnel are subject to 20-7-690 and 20-7-1780,
			 Code of Laws of South Carolina.
B.
			 Except as provided below, without written consent of the parent or legal
			 guardian of the child, no officer, agency or employee of the Department or of a
			 licensed facility, agency, group home or foster home shall directly or
			 indirectly disclose personally identifiable information learned about the
			 children placed in their care, their parents, or relatives or other persons
			 having custody or control of them. Such information must be made available upon
			 written request to appropriate Department staff, local child protection
			 agencies, ombudsman of the Governor's office, Foster Care Review Board, person
			 or agency having legal responsibility or authorization to care for, treat, or
			 supervise the child or the child's family, multidisciplinary evaluation teams
			 impaneled by agencies, and law-enforcement agencies investigating suspected
			 cases of abuse and neglect, Family Court, the child, his parents, guardian, or
			 adoptive parents, child's guardian ad litem or attorney.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 49 - CHILD PLACING AGENCIES REGULATIONS › Section 114-4960 - Personnel Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Policies and Practices
(1) The child placing
			 agency shall make available written personnel procedures and practices
			 conducive to recruitment, retention, and effective performance by qualified
			 personnel. These procedures and practices shall include, but not be limited to
			 the following:
(a) Written job descriptions
			 and titles for each position defining the qualifications, duties, and lines of
			 authority;
(b) Provisions for
			 activities which shall encourage professional growth through supervision,
			 orientation, in-service training, and staff development;
(c) An evaluation of job performance at the
			 end of a probationary period and at least annually thereafter for each staff
			 member.
South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 49 - CHILD PLACING AGENCIES REGULATIONS › Section 114-4970 - Child Placing Agency Records

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Child's Record
(1) The child placing agency
			 shall maintain records for each child or sibling group placed in substitute
			 care or in an adoptive home which shall include, but not be limited to:
(a) Demographic information including the
			 name, address, sex, race, birth date, and birth place of the child;
(b) The name, address, telephone number, and
			 marital status of the parent(s) or guardian(s) of the child;
(c) Unless precluded by statute, the name,
			 address, and telephone number of siblings, if placed elsewhere, and other
			 significant relatives;
(d) The
			 name, address and telephone number of the caseworker/supervisor for the
			 child;
(e) Copies of legal
			 documents of importance to the child, such as birth record and any court
			 dispositions, where available;
(f)
			 The medical history, cumulative health record, and available psychological and
			 psychiatric reports;
(g) The social
			 assessment and background of the family and parent(s);
(h) Case notes which reflect the dates of
			 contact, initial assessment, family contacts, placement, case review,
			 administrative reviews, and content of the placement worker's visits;
(i) The circumstances leading to the decision
			 to place a child into substitute care or into an adoptive home, the agency's
			 involvement with the parent(s) or legal guardian(s), including services
			 offered, delivered, or rejected; and
(j) Relevant educational records and reports,
			 where available.
South Carolina Code of Regulations › Chapter 115 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF EXAMINERS IN SPEECH/LANGUAGE PATHOLOGY AND AUDIOLOGY › Article 1 - LICENSING PROVISIONS › Section 115-1 - General Licensing Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
Each applicant for a license must submit a notarized
				application form to the board office. The appropriate fee must be received
				before the application may be evaluated.
(A) An applicant for active licensure in
			 Speech-Language Pathology or Audiology must submit or cause to be submitted
			 documented evidence of the following:
(1) a
			 diploma showing a post-graduate degree in speech-language pathology or
			 audiology from a school or program with regional accreditation determined by
			 the board to be equivalent to those accredited by the Council of Academic
			 Accreditation (CAA) for Audiology and Speech-Language Pathology of the American
			 Speech-Language Hearing Association (ASHA) or other board approved
			 authority;
(2) a passing score on a
			 national examination as approved by the board; and
(3)
(a)
			 completed supervised professional employment (SPE); or
(b) meets ASHA's standards for Certificate of
			 Clinical Competence or its equivalent as approved by the board, in
			 Speech-Language Pathology or Audiology in effect at the time of application;
			 or
(c) have a current ASHA
			 Certificate of Clinical Competence or its equivalent as approved by the
			 board.
South Carolina Code of Regulations › Chapter 115 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF EXAMINERS IN SPEECH/LANGUAGE PATHOLOGY AND AUDIOLOGY › Article 1 - LICENSING PROVISIONS › Section 115-2 - Speech-Language Pathology Assistants

Current through Register Vol. 48, No. 6, June 28, 2024
(A) To be licensed as a Speech-Language Pathology Assistant an applicant must:
(1) submit an application on forms approved by the board;
(2) submit an application fee as prescribed by the board;
(3) present evidence of a bachelor's degree in Speech-Language Pathology from a regionally accredited institution; and
(4) present evidence of a supervised clinical experience that consists of 100 clock hours of supervised clinical fieldwork with direct client contact/clinical practicum that meets the requirements in (C).
South Carolina Code of Regulations › Chapter 115 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF EXAMINERS IN SPEECH/LANGUAGE PATHOLOGY AND AUDIOLOGY › Article 1 - LICENSING PROVISIONS › Section 115-3 - Supervised Professional Employment (SPE)

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Supervised professional employment (SPE),
			 as required by the board, means direct clinical work with patients,
			 consultations, record keeping, or any other duties relevant to a bona fide
			 program of clinical work. It is expected, however, that a significant amount of
			 clinical experience will be in direct clinical contact with persons who have
			 communication disorders. Time spent in supervision of students, academic
			 teaching, and research, as well as any administrative activity that does not
			 deal directly with management programs of specific patients or clients will not
			 count toward completion of the SPE.
(B) The SPE, whether or not for wages or
			 other compensation, should consist of not less than 1,260 hours and must be
			 completed within one (1) year or less from the date that it begins unless
			 renewed in accordance with statute:
(1)
			 Full-time experience is considered a minimum of thirty (30) hours per week.
			 However, working more than thirty-five (35) hours per week will not shorten the
			 length of the SPE, which must be for a period of at least nine months (35 hours
			 per week for 9 months = 1,260 hours); and
(2) Part-time experience may be applied
			 towards satisfying the SPE provided that it is a minimum of five (5) hours per
			 week and will extend the number of weeks required to reach 1,260 hours.
In the event that part-time employment is used to fulfill a
				portion of the SPE, one hundred (100%) percent of the minimum hour requirements
				for part-time work must be spent in direct professional employment as defined
				in subsection (A).
South Carolina Code of Regulations › Chapter 115 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF EXAMINERS IN SPEECH/LANGUAGE PATHOLOGY AND AUDIOLOGY › Article 1 - LICENSING PROVISIONS › Section 115-4 - Audiology License - Hearing Aid Dispensing

Current through Register Vol. 48, No. 6, June 28, 2024
(A) An audiologist may determine through a comprehensive hearing assessment, inquiry, actual observation, or review of any other available information that a prospective hearing aid user has a condition of the ear or auditory system that would benefit from medical evaluation or intervention. An audiologist who fits and/or sells hearing aids must advise a prospective hearing aid user, or parent or guardian, if the prospective user is not 18 years old or older, that the best health interest would be served if there was a medical evaluation by a licensed physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing aid. The prospective user may waive the medical evaluation by signing a statement which indicates that the prospective user has been informed of the best health interest and does not wish to have a medical evaluation before purchasing a hearing aid.
(B) An audiologist must have a record of a comprehensive hearing assessment performed within the previous six months before fitting or selling a hearing aid to any person. This restriction does not apply to replacing a lost or damaged hearing aid that has a replacement warranty or insurance.
(C) If no waiver of medical evaluation has been signed by the prospective user, or if the prospective user is not 18 years old or older, by his or her parent or guardian, a written statement must be presented to the audiologist, signed by a licensed physician, stating that the patient's hearing loss has been medically evaluated within the previous six months and that the patient may be considered a candidate for a hearing aid.
(D) An audiologist who fits and sells hearing aids must provide in writing to each purchaser at the time of purchase a purchase agreement which clearly states all warranty terms and warranty periods, return privileges, refund information, payment schedule, hearing aid mode, and manufacturer, serial number, date of sale, the audiologist's license number, signatures of purchaser and seller. In the case of a reconditioned hearing aid, a statement that the hearing aid being purchased is reconditioned. If the hearing aid is being fit through a state or federal program and the prospective user is not making a purchase then no purchase agreement is required.
(E) All audiometers used by an audiologist must be calibrated at least annually. Records of such calibration must be maintained by the audiologist for a period of four years, and must be made available to the Director or the designee upon request.
South Carolina Code of Regulations › Chapter 115 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF EXAMINERS IN SPEECH/LANGUAGE PATHOLOGY AND AUDIOLOGY › Article 2 - CONTINUING EDUCATION › Section 115-6 - Continuing Education

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Courses used to meet the continuing education requirement must meet at least one of the following conditions:
(1) Courses offered by an American Speech-Language Hearing Association (ASHA) or American Academy of Audiology (AAA) Continuing Education Sponsor.
(2) Courses offered by one of the following organizations: South Carolina Academy of Audiology, South Carolina Speech-Language-Hearing Association, National Institute of Hearing Instruments Studies (NIHIS), Academy of Rehabilitative Audiology, American Auditory Society, Academy of Dispensing Audiology, National Black Association for Speech-Language and Hearing (NBASLH) or other organization approved by the board.
(3) Graduate level courses offered by a regionally accredited college or university within scope of practice (1 semester hour equals 15 hours for 1.5 CEUs).
(4) Courses offered by a state or federal agency provided the courses are within scope of practice.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 10 - ADMINISTRATIVE MATTERS › Section 117-200 - Recordkeeping

Current through Register Vol. 48, No. 6, June 28, 2024
Code Section
				12-54-210
				requires all taxpayers to keep books and records as the South Carolina
				Department of Revenue may prescribe. Code Section
				12-54-100
				authorizes the Department to examine the books and records of a taxpayer to
				ascertain the correctness of any return or tax liability. The following
				concerns the recordkeeping requirements of a taxpayer.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 10 - ADMINISTRATIVE MATTERS › Section 117-200.1 - Retention of Books and Records and the Use of Microfilm Reproduction of Books and Records

Current through Register Vol. 48, No. 6, June 28, 2024
A person applying for or holding a license administered by the
				Department; liable for any tax, fee, or surcharge administered by the
				Department; or required to file any return or statement with the Department
				shall keep books, papers, memoranda, and records sufficient to establish the
				right to obtain or hold a license; any amount required to be shown on any
				return or statement; or any tax, fee or surcharge due, whether such amount due
				is paid with the filing of a return, electronically, or in any other manner.
				For purposes of this subsection, a return includes information returns or
				reports.
Such books or records are required to be kept at all times
				available for inspection by agents or auditors of the Department, and shall be
				retained for at least four years after the return was filed or due to be filed,
				whichever is later.
Only on prior written approval of the Department may microfilm
				reproductions of supporting records of details, such as but not limited to
				documents of original entry, purchase orders, invoices, checks, vouchers and
				payroll records, be retained in lieu of actual documents and then only when the
				following conditions are met:
1. The
			 taxpayer will retain microfilm copies as long as the contents thereof may
			 become material in the administration of any law by the Department;
2. The taxpayer will provide appropriate
			 facilities for preservation of the films and for the ready inspection and
			 location of the particular records, including a projector for viewing the
			 records in the event inspection is necessary; and
3. The taxpayer will be ready to make any
			 transcripts of the information contained on the microfilm which may be
			 required.