South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 5 - LICENSING › Subarticle 1 - DAY CARE FACILITIES › FAMILY DAY CARE HOMES (PROVIDE CARE FOR NO MORE THAN SIX CHILDREN) › Section 114-531 - Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A. Application for a Registration
(1) A potential operator of a family child care home may obtain information about the registration or licensure process by contacting the Department's regional child care licensing office.
(2) A potential operator of a family child care home must attend orientation to obtain an application packet and instructions regarding the registration process.
(3) The Department representative shall provide the applicant with the required number of forms, a copy of the current Suggested Standards and Regulations for Family Child Care Homes, a copy of Section 63-13-10 et. seq., Code of Laws of South Carolina, (Child Care Facilities Statute) and a copy of sections of the Children's Code which are related to child abuse and neglect, with an explanation of procedures and information required by the Department.
(4) The family child care home applicant shall have a working, listed telephone in the family child care home and shall make the telephone number available to parent(s)/guardian(s) of children enrolled in the family child care home and to Department staff. The telephone number must be listed in all appropriate directories to ensure emergency identification and response.
(5) The applicant shall:
(a) Complete, sign, and submit originals of the following forms: Application to Operate a Child Care Facility (DSS 2902), Original or Renewal of Registration of Family Child Care Home (DSS 2922), Household Member List (DSS 2927) and any additional forms required by the Department.
(b) The operator, household members fifteen (15) years of age and older, substitute and regular caregivers, emergency persons, and staff who are regularly present during the hours of operation, and volunteers shall undergo a state fingerprint-based background check to be conducted by the State Law Enforcement Division (SLED) to determine any state criminal history and a fingerprint-based background check to be conducted by the Federal Bureau of Investigation (FBI) to determine any other criminal history.
(c) The fingerprint checks shall be repeated if a person is not employed by or does not provide caregiver services in a child care center, group childcare home, family child care home, church or religious center or child care provider that delivers services for which Child Care Development Fund financial assistance is provided for six (6) months or longer.
(d) The results of the fingerprint-based background checks shall be repeated every five (5) years.
(e) The person shall be subject to a state sex offender check which includes a check of the National Sex Offender Registry. An original DSS 2924, Central Registry for Release of Information and Compliance Statement on the operator, household members eighteen (18) years of age or older, substitute and regular caregivers, emergency persons, and staff who are regularly present during the hours of operation, and volunteers along with the appropriate fee for South Carolina and paid for each state where such staff or household member resided during the preceding five years.
(f) Submit three (3) original DSS 2908, Child Care Reference Release Statements completed by the person to be used as a reference. Persons providing references must be unrelated by blood or marriage to the applicant.
(g) Read the Suggested Standards For Family Day Care Homes.
(h) Furnish or review with parent(s)/guardian(s) of each child to be enrolled in the family child care home, a copy of the Suggested Standards.
(i) Secure a signed statement from each parent/guardian verifying that they have reviewed the Suggested Standards.
(j) Send required copies of completed and signed applications, required information regarding references and all signed statements from parent(s)/guardian(s) to Department staff.
(k) Submit an original zoning approval letter from the city or county zoning office.
(6) Department staff shall:
(a) Prior to issuing a registration, offer consultation through employed staff or other qualified persons to assist an applicant in meeting and maintaining suggested standards for family child care homes;
(b) Prior to issuing a registration, visit the potential family child care home to determine compliance with applicable regulations, giving the applicant at least two (2) business days' notice prior to the visit;
(c) Prior to issuing a registration and within thirty (30) days of receipt of references, contact by telephone the persons listed as references by the applicant and document their comments;
(d) Review the application material, the visit report and the references report, and consider any previous applications, inspections or withdrawals regarding the operator.
(e) If all regulatory requirements are met, the Department shall issue a regular registration and mail the regular registration directly to the operator.
(7) Provisional Registration
(a) Provisional registration may be granted only when the Department is satisfied that the regulations can and will be met within a reasonable time and the deviations from the regulations do not seriously threaten the safety of children.
(b) If a provisional registration is issued, the Department shall notify the operator in writing of the deficiencies to be corrected. The deficiencies shall be cited on the back of the provisional registration and shall include the appropriate regulation number(s).
(c) Provisional registration may not be effective for any longer than one (1) year.
(8) Denial of Application to Register a Family Child Care Home
(a) The Department may deny the application for registration if:
(i) The health or safety of any child in the family child care home is at risk;
(ii) The operator previously enrolled or currently has enrolled children beyond the limits permitted;
(iii) The operator, staff, volunteers, or household members have been convicted of crimes that would exclude them from working in a family child care home; or
(iv) The operator fails to comply with the registration procedures provided.
(b) If the Department denies an application for registration, the Department shall give the applicant written notice by certified or registered mail indicating the reason(s) for the denial and the right of the applicant to appeal the denial in accordance with the Department's fair hearing regulations.
(c) The applicant has thirty (30) days from receipt of the notification of denial of their application to appeal the decision. If no written appeal is made, the application shall be deemed denied as of the termination of the thirty-day period.
(d) If a family child care home is found to be in operation after the Department has denied the application for a registration and the administrative appeal has been completed, the Department shall pursue an injunctive action.