S.C. Code Regs. § § 114-531

Current through Register Vol. 48, 12, December 27, 2024

Section 114-531 - Procedures

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.

B. Procedures for Registration Renewal.

(1) Registered family child care homes shall apply for renewal of registration every year.

(2) The Department shall:

(a) Advise the operator in writing of the date and requirements for renewal 120 days prior to the expiration of the current registration.

(b) Offer consultation through staff or qualified persons to assist an applicant in meeting and maintaining suggested standards for family child care homes.

(c) Visit the family child care home to determine compliance with applicable regulations, giving the applicant at least two (2) business days' notice prior to the visit.

(3) The operator 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) Complete a current South Carolina State Law Enforcement Division (SLED), Federal Bureau of Investigation (FBI), and National Crime Information Center National Sex Offender Registry (NCIC) criminal history background checks for new household members eighteen (18) years of age or older, new substitute(s), new emergency person(s), and new staff who are regularly present during the hours of operation and new volunteers. The fingerprint reviews required by this subsection are required to be repeated every five years for the operator, staff, household members, substitutes, emergency persons, and volunteers;

(c) Submit an original DSS 2924, Central Registry for Release of Information and Compliance Statement, which includes a check of the national sex offender registry, on the operator and household members eighteen (18) years of age and older, substitute and regular caregiver(s), emergency person(s), staff who are regularly present during the hours of operation and volunteers along with the appropriate fee for South Carolina and for each state where such staff or household member resided during the preceding five years;

(d) Submit completed DSS 2909, Consumer Parent Statements signed by the parents/guardians of all children enrolled in care stating that they have been furnished a copy of the regulations; and

(e) Ensure all caregivers have the required training.

(4) The Department shall review the registration renewal materials and:

(a) Issue a regular registration if all regulatory requirements have been met; and

(b) Mail the registration directly to the operator; or

(c) If the application for family child care home does not meet all requirements or regulations, place the operator on a corrective action plan or deny the application for registration renewal.

(5) Denial of Application to Renew Registration of a Family Child Care Home

(a) If the Department denies an application for renewal of a 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 decision in accordance with the Department's fair hearing regulations.

(b) 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.

(c) If a family child care home is found to be in operation after the Department has denied the application to renew a registration and the administrative appeal procedure has been completed, the Department shall pursue an injunctive action.

C. Provisions of a Registration.

(1) Registration issued by the Department to a family child care home operator shall be valid for one year from date of issuance, unless withdrawn by the Department or voluntarily surrendered by the operator. If the family child care home ceases operation, the registration shall be returned to the Department within thirty (30) days of family child care home closure.

(2) Registered family child care homes shall comply with all zoning ordinances and requirements.

(3) The current registration shall be displayed in a prominent location at all times and the registration number shall be stated in all advertisements of the family child care home.

(4) The registration shall state the name of the operator, the address, the type of family child care home, the date on which the registration was issued and will expire, and the maximum number of children to be present in the family child care home during operating hours.

(5) The number of children present in the family child care home during operating hours shall not exceed the number specified on the registration.

(6) A change in location shall automatically void the registration. The registration cannot be transferred nor sold from one individual to another.

(7) The Department shall withdraw the registration if:

(a) The health and safety of the children is determined to be at risk or threat of harm;

(b) The operator cares for more children than the number stated in the registration;

(c) The operator fails to comply with the registration procedures defined in statute and these regulations;

(d) The operator or household members have been convicted of crimes that would exclude them from working in a family child care home or appear on the sex offender or central registries;

(e) The operator knowingly employs staff or volunteers who have been convicted of crimes that would exclude them from working in a family child care home or appear on the sex offender or central registries; or

(f) The operator fails to allow access to entire home, premises, and business on the premises during any of the Department's visits or investigations.

(8) An operator whose registration has been withdrawn by the Department shall be given written notice by certified or registered mail. The notice shall contain the reason(s) for the proposed action and shall inform the operator of the right to appeal the decision in writing within thirty (30) calendar days after receipt of the notice.

(9) If no written appeal is made within thirty (30) days, the Department shall withdraw the registration effective upon expiration of the 30-day appeal period.

(10) The application for original registration or renewal may be denied or the registration may be withdrawn by the Department if the operator or any staff, including substitute caregiver(s), volunteer(s), emergency person(s) or household member(s), abuses or neglects any child as defined in Section 63-7-20, South Carolina Code of Laws, 1976, amended.

D. Application for a License

(1) A potential operator of a family child care home may obtain information about the licensure process by contacting the Department's regional child care licensing office.

(2) A potential operator of a family child care home shall attend orientation to obtain an application packet and instructions regarding the licensure packet.

(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 section 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 applicant shall:

(d) Submit an original zoning approval letter from the city or county zoning office;

(e) Submit three (3) original reference letters from people unrelated by blood or marriage to the applicant;

(f) Submit a Fire/Health Inspection Report (DSS 2905);

(g) Obtain a health care professional's certification that operator, household member(s) fifteen (15) years of age or older, staff, and emergency person(s) are free from Tuberculosis;

(h) Submit an original Staff Health Assessment (DSS 2926) attesting to the health of the operator, household member(s) fifteen (15) years of age or older, staff, and emergency person(s);

(i) Submit an original Medical Statement (DSS 2901) attesting to the health of operator, household member(s), staff, and emergency person(s);

(j) Have a working telephone in the home and make the telephone number available to parent(s)/guardian(s) of children enrolled in the family child care home, and to the Department. The telephone number shall be listed in all appropriate directories to ensure emergency identification and response;

(k) Demonstrate compliance with the Suggested Standards and Guidelines for Operators of Family Child Care Homes when the Department completes the pre-licensure visit; and

(l) Obtain infant/child CPR and first aid certificate that covers all hours of operation.

(5) The Department shall:

(a) Prior to issuing a license, obtain and review report(s) from health and fire officials who have inspected the home to determine compliance with appropriate regulations;

(b) Prior to issuing a license, 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) Review the findings of the complete application, including the visit report, health and safety inspection and the reference reports;

(d) Issue a provisional license if all regulatory requirements were met and mail the provisional license directly to the operator.

(6) Provisional License

(a) A provisional license may be granted only when the Department is satisfied that the regulations and suggested standards 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 license is issued, the Department shall notify the operator in writing of deficiencies to be corrected. The deficiencies shall be cited on the back of the provisional license and shall include the appropriate regulation number(s).

(c) A provisional license shall not be effective for any longer than one (1) year.

(7) Denial of Application to License a Family Child Care Home

(a) The Department shall deny the application for licensure if:

(i) The health and 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 fails to comply with the licensure procedures provided;

(iv) 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 appear on the sex offender or central registries; or

(v) The operator fails to comply with the training requirements provided in Section 63-13-825(A), South Carolina Code of Laws, 1976, amended.

(b) If the Department denies an application for a license, 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 decision in accordance with the Department's fair hearing regulations.

(d) If a family child care home is found to be in operation after the Department has denied the application to renew a registration and the administrative appeal procedure has been completed, the Department shall pursue an injunctive action.

E. License Renewal

(1) For the purposes of applying for a renewal of a license, the operator shall comply with the Department's Suggested Standards for Family Child Care Homes.

(2) One hundred twenty (120) days prior to the expiration date of the current license, the Department shall advise the operator in writing of the date and requirements for renewal. The Department shall also visit the family child care home to determine compliance with applicable regulations, giving the applicant at least two (2) business days' notice prior to the visit.

(3) The operator shall complete the renewal packet supplied by the Department.

(4) 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;

(5) Complete a current South Carolina State Law Enforcement Division (SLED), Federal Bureau of Investigation (FBI), and National Crime Information Center National Sex Offender Registry (NCIC) criminal history background checks for new household members eighteen (18) years of age or older, new substitute(s), new emergency person(s), and new staff who are regularly present during the hours of operation and new volunteers. The fingerprint reviews required by this subsection are required to be repeated every five years for the operator, staff, household members, substitutes, emergency persons, and volunteers;

(6) Submit an original DSS 2924, Central Registry for Release of Information and Compliance Statement, which includes a check of the national sex offender registry, on the operator and household members eighteen (18) years of age and older, substitute and regular caregiver(s), emergency person(s), staff who are regularly present during the hours of operation and volunteers along with the appropriate fee for South Carolina and for each state where such staff or household member resided during the preceding five years;

(7) Submit completed DSS 2909, Consumer Parent Statements signed by the parents/guardians of all children enrolled in care stating that they have been furnished a copy of the regulations; and

(8) Ensure all caregivers have the required training.

F. Provisions for a License

(1) A regular license issued by the Department to a family child care home shall be valid for two years from date of issuance; unless revoked by the Department or voluntarily surrendered by the operator.

(2) Licensed family child care homes shall comply with all zoning ordinances and requirements.

(3) A provisional license may be issued for a period within which the deficiencies shall be corrected and within the conditions stated in the statute.

(4) A provisional license shall be amended to a regular license when all deficiencies have been verified as corrected.

(5) The current license shall be displayed in a prominent location at all times and the license number shall be stated in all advertisements of the family child care home.

(6) The license shall state the name of the operator, the address, and type of family child care home, the date on which the license was issued and will expire, and the maximum number of children to be present during operating hours.

(7) The number of children present in the home during operating hours shall not exceed the number specified on the license.

(8) A change in location shall immediately void the license. The license cannot be transferred nor sold from one individual to another.

(9) The Department shall revoke the license if:

(a) The health and safety of the children is determined to be at risk or threat of harm;

(b) The operator cares for more children than the number stated on the license;

(c) The operator fails to comply with the licensure procedures defined in statute and these regulations, or the Suggested Standards and Guidelines for Operators of Family Child Care Homes;

(d) The operator or household members have been convicted of crimes that would exclude them from working in a family child care home or appear on the sex offender or central registries;

(f) The operator fails to allow access to entire home, premises, and business on the premises during any of the Department's visits or investigations.

(10) An operator whose license has been revoked by the Department shall be given written notice by certified or registered mail. The notice shall contain the reason(s) for the proposed action and shall inform the operator of the right to appeal the decision in writing within thirty (30) calendar days after receipt of the notice.

(11) If no written appeal is made within thirty (30) days, the Department shall revoke the license effective upon expiration of the 30-day appeal period.

(12) An application for a license may be denied or the license revoked by the Department if the operator or any household member(s), abuses or neglects any child as defined in Section 63-7-20, South Carolina Code of Laws, 1976, amended, or if the operator knowingly hires staff, including substitute caregiver(s), emergency person(s), or volunteers who abuse or neglect any child as defined in Section 63-7-20, South Carolina Code of Laws, 1976, as amended.

G. Inspections

(1) Annual Inspection:

(a) Once per calendar year, the Department shall visit and inspect a licensed or registered family child care home at any time during the hours of operation without prior notice to verify regulatory compliance.

(b) When the Department visits a family child care home for purposes of an inspection or investigation pursuant to Section 63-13-80, South Carolina Code of Laws, it shall conduct the inspection to ensure the family child care home complies with the following: health and safety of children; no evidence of child abuse; and enrollment within the limits set forth on the license.

(2) Complaint Inspection

(a) Upon receipt of a regulatory complaint, the Department shall conduct an unannounced inspection of the family child care home to investigate the complaint. If the complaint is written, the Department shall provide a copy to the operator.

(b) If the complaint received by the Department concerning a family child care home pursuant to Section 63-13-80 indicates a child has been abused, the Department shall carry out its responsibilities as authorized under Chapter 7 of the Children's Code. If the inspection verifies conditions detrimental to the health and safety of children or over enrollment, the Department shall carry out its responsibilities as authorized pursuant to Section 63-13-160 and Section 63-13-830.

S.C. Code Regs. § 114-531

Added by State Register Volume 48, Issue No. 05, eff. 5/24/2024.