S.C. Code Regs. § § 114-4520

Current through Register Vol. 48, No. 10, October 25, 2024

Section 114-4520 - Investigations

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.

C. The staff of the institution and any other persons deemed necessary to its investigation by DSS shall make themselves available and cooperate fully with DSS in its attempt to discover the true facts of the incident which is alleged to have occurred.

DSS shall make its determination as to whether a reported incident is unfounded or indicated within sixty days of the initiation of the investigation.

D. In all cases, upon the completion of its investigation, DSS shall inform, by letter, the chief operating officer or chief executive officer of the institution and the alleged perpetrator of the results of its investigation. DSS may inform the chief executive officer of the institution, the board, and/or law enforcement officials of the results of an investigation.

E. Information relating to unfounded referrals shall be destroyed one year from the date that the referral was determined to be unfounded by DSS provided that no further referrals have been received in the interim on the perpetrator.

F. All reported incidents shall be processed as follows:

(1) Written notification of referrals will be forwarded to the institution's chief executive officer, and/or board chairperson when necessary to assure corrective action.

(2) Written notification of the results of the investigation shall be sent to the institution by regular mail. The notification may also include a request for a case conference to develop a corrective plan for remedial action. If a corrective plan for remedial action cannot be reached, the Department of Social Services may file a petition with the family court notifying them of the abuse and a request for a hearing within 90 days as provided by the South Carolina Protection Act.

(3) A child Abuse and Neglect Report shall be filed with the South Carolina State Department of Social Services' Central Registry.

G. In all indicated cases the involved institution shall, within a time limit prescribed by the agency, but not to exceed ninety days, develop a written course of action to remedy the problem areas identified by DSS; along with a schedule for the implementation of the course of action or shall notify DSS that corrective action has been concluded.

(1) The course of action and schedule for implementation shall be reviewed with DSS and amended as necessary to achieve remediation.

(2) The agency may submit the plan to the institution's staff and/or chief executive officer, and licensing agency, when necessary to assure corrective action.

H. If appropriate, the Department of Social Services shall conduct periodic visits to the institution to determine if the problem areas have been resolved as specified in the plan for remedial action. The institution shall cooperate fully with the Department of Social Services.

I. The matter shall be resolved when the appropriate institution staff or chief executive officer has notified the Department of Social Services of the implementation of the plan for remedial action, as provided in Section G.

J. Confidentiality

All parties shall be bound by the confidentiality statute. All records, information, and materials pertaining to a referral, investigation, and plan for remedial action, if any, shall be treated in a confidential manner by the involved agency, aiding organization, staff and/or chief executive, licensing authorities, their staff, and all other persons who participate in or have knowledge of the incident and consequent action. (Section 20-7-690 )

K. Imminent Danger

If at any point during the investigative process or during the development and implementation of the written plan, the involved children or any other children are believed by the Department of Social Services to be in imminent danger of harm by reason of abuse or neglect, the Department of Social Services shall require the institution/facility to take the necessary steps to insure the safety of the children.

S.C. Code Regs. § 114-4520