US Laws, Codes, Statutes & Cases

This regulation database is current through State Register Volume 29, Issue 10, effective October 28, 2005. Changes to the regulations enacted by the 2006 General Assembly, which will convene in January 2006, will be incorporated as soon as possible. Some regulations approved by the 2006 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, or changes which may have been enacted since the 2005 Regular Session or which took effect after this database was prepared and users rely on the data entirely at their own risk.

(Statutory Authority: 1976 Code Title 43; Section 20-7-852)

(Statutory Authority: 1976 Code, Section 43-1-80)

114-100. Definitions.

A. Adverse Action--any action in which the Department:

(1) denies, suspends, revokes or refuses to renew a license or other permit to operate a child day care facility, foster home, child placing agency, residential child care facility or group home;

(2) disqualifies a person from receiving benefits, or terminates, suspends or decreases benefits, which the person was previously determined eligible to receive;

(3) or any other action defined as adverse within a program specific section of these regulations.

B. Petitioner/Claimant--a party who has requested a fair hearing.

C. Respondent--the party responding to the fair hearing request.

D. Person--an individual, partnership, corporation, association, governmental subdivision or public or private agency or organization.

E. Department--the South Carolina Department of Social Services.

F. Client--an applicant for or recipient of aid granted under programs administered by the Department.

G. Adoption Subsidies--Federal or State funds provided to assist an adoptive family in meeting some of the financial needs of the adopted child who has been identified as a special needs child.

H. OAH--Office of Administrative Hearings.

I. Ex-Parte Communication--any direct or indirect communication concerning the merits of a pending hearing, made by one party in the absence of another party, to a hearing officer or committee member assigned to a hearing and which was neither on the record nor on reasonable prior notice to all parties.

J. Fair Hearing--an orderly proceeding before an impartial Department employee or committee of employees in which a petitioner may challenge an adverse action and in which both parties may present evidence to defend their positions.

K. Party--each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.

L. Advance notice period--for the Family Independence and Food Stamp programs, period of time between the date of adverse action notification and the date the adverse action becomes effective.

M. Time--computation of time shall be governed by S. C. Code Ann. Section 15-1-10 and the South Carolina Rules of Civil Procedure.

(1) In computing any period of time herein, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a State or Federal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor such holiday.

(2) A notice sent by regular United States mail is presumed to have been received by the fifth day following the posting; if sent by certified mail, return receipt requested, the date of receipt is the date the recipient signed the certificate of receipt.

(3) In determining whether a request for hearing is timely filed, the date of the postmark or the date of receipt by the OAH or by the Department shall be used, whichever is earlier.

114-110. Purpose.

The fair hearing process is an official state action required by Federal and State laws and regulations in accordance with the Fourteenth Amendment to the United States Constitution. The process allows an individual to contest an adverse action taken by the Department and to have his or her objections to the adverse action heard by an impartial hearing officer or committee.

114-120. Objectives.

The objectives of the hearing process are:

A. To provide an opportunity for a party aggrieved by an adverse action to be heard pursuant to Federal and State laws and regulations and/or departmental policies;

B. To provide a forum for one who is the subject of a child protective services indicated case for which an appeal is allowed by statute;

C. To ensure uniform application of social services regulations and policies throughout the state;

D. To assure that an appeal of adverse action is resolved by prompt, definitive, and final administrative action.

114-130. General Fair Hearing Procedures.

A. Except as otherwise specified, the procedures outlined in this section apply to all hearing requests.

B. Request for Fair Hearing

(1) A request for hearing must be made either in writing or orally, except where otherwise specified for particular programs, to the caseworker or to the OAH within thirty (30) days of receiving notification of adverse action.

(2) A request shall contain

(a) The name of the party requesting the hearing;

(b) Information sufficient to identify the decision, which is being contested; and

(c) The relief requested.

C. Representation

(1) The claimant/petitioner may appoint a representative or may represent himself/herself.

(2) The claimant/petitioner or representative may review the evidence in the case file, either on the date of the hearing or at an earlier time upon request, and present additional evidence.

(3) The claimant/petitioner or representative may present witnesses and question any witnesses at the hearing.

D. Legal Counsel to the Office of Administrative Hearings

(1) Legal counsel to the OAH shall have authority to attend the fair hearing and assist the hearing officer/committee in the preparation of its findings of fact, statements of policy, and conclusions of law. Legal counsel to the OAH shall not provide legal assistance to either party to the proceeding.

(2) Legal counsel to the OAH may be present during the committee's deliberations on its decisions.

E. Hearing Officers

(1) A hearing officer shall preside over all hearings. In those cases to be decided by a committee, a single hearing officer shall preside over the hearing.

(2) The presiding hearing officer has the authority to conduct a fair and impartial hearing, including the authority to:

(a) order a pre-hearing conference for the simplification of issues or a settlement conference;

(b) review case material prior to the hearing and to establish a procedure commensurate to the complexity of the issues presented and the types of proof likely to be introduced during the hearing;

(c) issue subpoenas;

(d) rule on offers of proof and the admissibility of evidence;

(e) issue orders, rulings, and dismissals;

(f) permit depositions to be taken when the ends of justice would be served;

(g) regulate the course of the fair hearing and the conduct of the parties and their counsel;

(h) administer oaths or affirmations;

(i) rule on procedural and substantive motions;

(j) call, examine, sequester and/or disqualify witnesses;

(k) exclude people from the hearing room pursuant to confidentiality laws governing particular program areas; and

(l) conclude the hearing when satisfied that all pertinent information bearing on the issue has been introduced and examined.

(3) Disqualification

(a) The hearing officer/committee member shall disqualify himself or herself from participating in a hearing in which the officer's/member's impartiality might be reasonably questioned based upon a personal bias or prejudice, familial relationship or other basis, or in which the hearing officer/committee member may have any interest in the matter pending for decision.

(b) A disqualification pursuant to subsection (a) shall be in writing with notice to the file and a copy delivered to the Director of Individual and Provider Rights in the OAH.

(c) A party who feels that the hearing officer's/member's impartiality might be reasonably questioned may, upon notice to the opposing party, file a motion to have the officer/member disqualified.

(i) Such a motion shall set forth the grounds upon which the party feels the officer's/ member's impartiality has been compromised.

(ii) The Director of Individual and Provider Rights in the OAH shall rule on the motion and serve a written statement of the reasons supporting his or her decision.

F. Ex-Parte Communications

(1) Ex-parte communications are prohibited and shall not be considered in deciding any matter in issue.

(2) If a hearing officer or committee member receives an ex-parte communication that he or she knows or has reason to believe is prohibited, he or she shall promptly make the communication part of the record and shall furnish a written copy of the communication to all parties explaining the circumstances under which he or she became aware of the communication.

(3) Any party who makes an ex-parte communication may be subject to having a witness disqualified or evidence excluded at the discretion of the hearing officer in the interest of fairness and equity.

G. Pre-Hearing Procedure

(1) Scheduling of Hearings

The Office of Administrative Hearings shall schedule hearings to provide thirty (30) days notice of the hearing date to the parties, unless waived by them. Because of issues of attachment and the best interests of the child, requests for hearings regarding the placement of children shall receive priority over other appeal cases.

(2) The notice of hearing shall include the following:

(a) Date, time, and place of the hearing;

(b) Statement of the issues;

(c) Notice of the right to appoint a representative;

(d) Notice that the claimant/petitioner's failure to appear without good cause will result in dismissal of the appeal;

(e) Request to notify the OAH if special accommodations or a translator will be needed at the hearing.

(3) Pre-Hearing Conferences

(a) Upon request of a party or a hearing officer/committee member, a pre-hearing conference may be held prior to the hearing to simplify the issues to be determined; to obtain stipulations as to the admissibility of evidence, undisputed facts or the application of a particular law; to identify and exchange documentary evidence intended to be introduced at the hearing; to determine deadlines for the completion of any discovery and, if possible, to reach a settlement.

(b) A pre-hearing conference shall be an informal proceeding conducted by the hearing officer and may be conducted via telephone, in the discretion of the hearing officer/presiding committee member.

(c) Any agreement reached may be the subject of an order issued by the hearing officer.

(4) Motions

(a) All pre-hearing motions shall contain the caption of the case, title of the motion, the name, address and signature of the person preparing it, the grounds for relief and the relief sought.

(b) All motions shall be filed and served upon the opposing party not later than ten (10) days before the hearing date, unless otherwise ordered by the hearing officer.

(c) A party may file and serve a response to a motion within ten (10) days unless the time is extended or shortened by the hearing officer.

(d) A motion for a continuance shall state the reasons for the request and whether the opposing party has consented to the request; however, no such motion may be made ex-parte except in an emergency when notice to the opposing party is not feasible.

(e) Any motion regarding discovery shall state that the moving party has made a good faith attempt to resolve, with the other party, the issues raised by the motion.

(f) The hearing officer may rule on the basis of the written motion and any response thereto or may order argument on the motion. The decision to hold oral argument is within the discretion of the hearing officer.

(5) Discovery

Discovery shall be permitted as provided in S.C. Code Ann. Section 1-23-320 (1976 & Supp. 1993); however, each party shall be limited to taking three depositions, except for good cause shown.

(6) Pre-Hearing Exchange of Information

Upon notice, the hearing officer may, in appropriate cases, require the parties to exchange prior to the hearing:

(a) a final list of witnesses the party reasonably expects to testify;

(b) a final list of all exhibits expected to be offered at the hearing;

(c) a final list of all facts that the party intends to request judicial notice of, with supporting documentation.

H. Dismissals

(1) The OAH has the authority to dismiss a request for hearing when

(a) the request for hearing is not timely filed;

(b) the claimant/petitioner or representative requests withdrawal of the request for hearing;

(c) the claimant/petitioner fails to appear at the scheduled time and place for the hearing;

(d) changes in either Federal or State law require automatic grant adjustments for classes of clients.

(2) A party whose case has been dismissed may request reinstatement of the case if he/she can show good cause. Such request must be made within ten (10) days of the dismissal.

I. Hearing Procedure

(1) The hearing officer will give an opening statement briefly describing the nature of the proceeding and identifying the issues of the hearing.

(2) The parties shall be allowed to make opening and closing statements subject to reasonable limitations as determined by the presiding hearing officer.

(3) Evidence

(a) S. C. Code Ann. Section 1-23-330 (1976) (as amended) shall govern questions of admissibility;

(b) Each party shall have the opportunity to present documentary evidence and witnesses, including child witnesses, who will be subject to cross-examination. First, the Department will present evidence to support the action or inaction that is being appealed, and then the petitioner will present his or her case; however, the order of presentation may be changed at the discretion of the hearing officer/committee. The parties may present rebuttal evidence.

(4) The hearing officer shall swear or affirm each witness. At the hearing officer's discretion, witnesses may be sequestered during the hearing.

(5) Objections

All objections to procedure, the admissibility of evidence, or other matters must be made timely and stated on the record.

(6) Child Witnesses

The hearing officer may modify procedures and room accommodations to minimize the trauma of testifying, including, but not limited to:

(a) allowing a parent or other support person to be present in the room;

(b) allowing frequent breaks to be taken as necessary for the child's focus;

(c) allowing leading questions during direct examination, to the extent necessary to develop the child's testimony;

(d) allowing a more comfortable configuration of the hearing room;

(e) requiring attorneys, or other questioners, to pose questions and objections while seated and in a manner that is not intimidating.

(7) Out-of-Court Statements by Certain Children

(a) An out-of-court statement made by a child who is under twelve years of age, or who functions cognitively, adaptively, or developmentally under the age of twelve, concerning any issue in dispute is admissible if the requirements of S.C. Code Section 19-1-180(B), (C), (D) and (E) are met, regardless of whether it would otherwise be admissible.

(b) The limitations of Section 19-1-180(A) do not apply.

J. Decision

(1) The Office of Administrative Hearings will issue a final decision, in writing, which shall include separate findings of fact and conclusions of law promptly after the date of the conclusion of the hearing. In cases heard by a committee, the entire committee shall participate in rendering the final decision, and in cases where the committee decision is not unanimous, the majority vote shall govern.

(2) The determination by the hearing committee is the final administrative determination by the Department to be afforded to the petitioner.

K. Motion for Reconsideration

(1) Any party aggrieved by a final order may, within ten (10) days of the service of the order, file a written Motion for Reconsideration, which shall specify in detail the grounds for relief sought and supporting authorities. The OAH may order a reconsideration on its own motion within ten (10) days after the service of the final order.

(2) The filing of a motion for reconsideration shall not suspend or delay the effective date of the order, and the order shall take effect on the date fixed by the Office of Administrative Hearings and shall continue in effect unless the motion is granted or until the order is superseded, modified, or set aside as provided by law.

(3) The Motion for Reconsideration will be granted only on the basis of:

(a) a material error of law;

(b) a material error of fact; or

(c) the discovery of new evidence sufficiently strong to reverse or modify the order, which could not have been previously discovered by due diligence.

(4) The Office of Administrative Hearings may order a rehearing or enter an order with reference to the motion without ordering a hearing, and shall dispose of the motion within thirty (30) days after it is filed.

(5) If the Office of Administrative Hearings determines, in its discretion, that a rehearing is necessary, the matter shall be set for further proceedings as soon as practicable.

(6) If after such rehearing, it appears that the original decision, order, or determination is in any respect unlawful or unreasonable, the hearing officer/committee may reverse, change, modify, or suspend the same accordingly. Any decision, order or determination made after such reconsideration, reversing, changing, modifying or suspending the original determination shall have the same force and effect as the original decision, order, or determination.

L. Record After the Final Decision

The record of the contested case shall contain:

(1) all correspondence, pleadings, motions, rulings and deposition transcripts filed with OAH;

(2) all scheduling notices;

(3) all evidence received or considered and proffers of evidence excluded;

(4) a statement of matters judicially noticed;

(5) the hearing officer's final decision;

(6) the tape of the testimony taken during the proceeding and the transcript if prepared.

M. Appeal and Request for Transcript

(1) The final decision rendered by the OAH is subject to administrative or judicial review as provided by law.

(2) Upon filing a petition for review to the appropriate authority, the appellant shall request that the OAH prepare the transcript and enclose a copy of the petition for review.

(3) Either party may request that the OAH prepare the transcript in a case that has not been appealed.

(4) Within thirty (30) days of receipt of a request to prepare the transcript, the OAH shall transmit a copy of the record along with the transcript of the hearing to counsel for the Department of Social Services, the appellant and the appropriate appellate body.

(5) Upon request, an individual other than a party to the hearing, which is not otherwise confidential by statute, may receive a copy of the tape of the hearing for a reasonable fee.

N. Confidentiality

Information, records and other material used in connection with a hearing are confidential, according to confidentiality laws governing the subject matter/program area of the hearing.

114-140. Foster Care.

A. Right to Appeal

(1) A foster parent has the right to appeal:

(a) the denial or revocation of his or her foster home license;

(b) the denial of an application for the renewal of a foster home license; and

(c) the removal of a foster child from the foster home, except as provided herein.

(2) A foster parent shall not have the right to appeal:

(a) the removal of a foster child from his or her home if a court has authorized the removal or if the court has approved a placement or permanency plan which provides for such removal;

(b) the removal of a foster child from his or her home if the denial or revocation of the foster home license has been finally decided by the Department and the last day for requesting an appeal of the Department's decision has passed;

(c) when the foster parents have requested the removal.

B. Removal of Foster Children

(1) Foster children who have resided in the foster home for 120 days or longer shall remain in the home during the hearing process, except under the following circumstances:

(a) the Department finds good cause to believe that the health or safety of the child is threatened by the child's continued presence in the foster home;

(b) the foster parent(s) failed to supply all the necessary information that they are required to file to complete the adoption home study within ninety (90) days after receipt of written notification that adoption is the plan for the child.

(2) When the Department intends to remove a foster child, the Department shall provide the foster parent(s) written notice ten (10) days in advance of the removal of the child. In all cases when the Department intends to remove a foster child, the Department shall give written notice to foster parent(s); however, the 10-day advance notice period shall not apply to those cases where the Department determines there are emergency circumstances warranting immediate removal of the child or to cases of removal pursuant to Section 114-140(A)(2).

C. Appeal Process

(1) Appeals authorized by this section shall not be conducted by the Administrative Law Division but by the Department as set forth in these regulations.

(2) A request for hearing shall be made pursuant to section 114-130(B), except such request must be in writing.

(3) The caseworker will forward the request to the OAH within two (2) working days of Receipt thereof.

(4) A conference shall be held within fourteen (14) days of receipt of the request for a hearing; however, the foster parent may waive his or her right to the conference and proceed directly with the hearing. This conference shall be attended by the foster parent and his or her representative and the county director or designee. The caseworker and the caseworker's supervisor may also attend this conference.

(5) The OAH shall schedule a hearing to be held no sooner than thirty (30) days and no later than ninety (90) days after receipt of the request for a hearing, unless continued pursuant to section 114-130(G)(4)(d). The hearing shall be conducted by a three-member committee consisting of a hearing officer and two members appointed by the State Director or his or her designee.

(6) Decision

The final decision shall be issued within thirty (30) days of the date of the conclusion of the hearing through certified mail to the foster parent and to the respondent.

114-150. Adoptions.

A. Application to Become Adoptive Parent - Right to Appeal

(1) A person is entitled to appeal the Department's decision to deny or terminate its approval of that person to become an adoptive parent.

(2) A person is not entitled to appeal the Department's decision to deny its consent or refuse approval of the applicant for adoption of a specific child, except as provided in 114-150(B). (cross-reference S.C. Code Ann. Section 20-7-1690(D).

B. Nonresident Applicants

A nonresident of this State who believes the Department, in violation of S.C. Code Section 20-7-1670(B), has delayed or denied placement of a child for adoption has the right to a hearing regarding such delay or denial.

C. Adoption Subsidies

(1) Adoptive parents may request a hearing if:

(a) the Department denies a request for adoption subsidies;

(b) the Department fails to notify or advise adoptive parents of the availability of adoption subsidies for a child with special needs;

(c) he or she believes the Department erroneously determines that a child is ineligible for adoption subsidies.

(2) In lieu of a hearing, the parties may agree upon the material facts and a proposed resolution. If the parties reach such an agreement, the hearing committee shall review the proposed agreement for conformity with existing law and determine the amount and the effective date of the subsidy.

D. Appeal Process

(1) The request for hearing must be made in writing to the OAH within thirty (30) days of receipt of notification of the Department's decision to deny such an application or to terminate the approval.

(2) The OAH shall schedule a hearing to be held no sooner than thirty (30) days and no later than ninety (90) days after receipt of the request for hearing, unless continued pursuant to section 114-130(G)(4)(d). The hearing shall be conducted by a three-member committee consisting of a hearing officer and two members appointed by the State Director or his or her designee.

(3) Decision

The final decision shall be issued within thirty (30) days of the date of the conclusion of the hearing through certified mail to the adoptive parent and to the respondent.

114-160. Day Care (cross-reference S.C. Code Ann. Section 20-7-2760).

A. Request for Hearing

A request for fair hearing shall be made in writing to the OAH within thirty (30) days of the receipt of written notification of adverse action.

B. Final Decisions

All final decisions regarding day care appeals shall be rendered by the State Director of the Department of Social Services.

114-170. Child Protective Services (cross-reference S.C. Code Ann. Sections 20-7-655, 20-7-670, 20-7-680 (editor's note) section 10 of 1997 Act, No. 132)

A. Request for Hearing

A request for hearing shall be made in writing to the Department within thirty (30) days of receipt of notification of an indicated finding.

B. Interim Reviews

(1) Within fourteen (14) days of receiving the hearing request, the Department will conduct an interim review of the findings pursuant to S.C. Code Ann. Section 20-7-655(E) and will transmit a written notice of the outcome of such review to the OAH.

(2) If the finding is reversed upon an interim review, the OAH shall notify both parties that the case is closed.

C. Decision

(1) A decision shall be rendered by a three-member committee, composed of a hearing officer and two department representatives who have program knowledge and who are appointed by the State Director of the Department of Social Services; however, no department representatives shall be residents of or employees of the county where the case originates or, if the case decision being appealed involves institutional abuse, a member of the investigative unit which investigated the case.

(2) All committee members shall be present for the hearing; however, if a committee member is absent the parties may agree to proceed in his or her absence provided that the absent member listens to a tape recording of the full hearing prior to rendering a decision.

114-180. Eligibility Hearings.

A. This section applies to any claims under the Family Independence and Food Stamp Programs, Administrative Disqualification Hearings and Electronic Benefit Transfers.

B. These hearings shall be conducted by use of the telephone, with the client and the caseworker situated in the client's county of residence and the hearing officer situated in the State Office, unless:

(1) The client requests a face-to-face hearing;

(2) The hearing officer determines that a face-to-face hearing is necessary.

C. Family Independence and Food Stamps

(1) Procedure

(a) Requests for hearing must be filed with the caseworker or the OAH within sixty (60) days of notice of the adverse action for Family Independence and within ninety (90) days of notice of the adverse action for Food Stamps.

(b) The three-member hearing committee shall be composed of a hearing officer and two members, designated by the State Director of the Department of Social Services, who have appropriate program knowledge.

(c) Decisions are based upon a majority vote. All reasonable efforts will be made to reach a decision acceptable to all panel members in accordance with Federal and State laws and regulations.

(d) A client is not entitled to a hearing of a reduction in benefits if said reduction results from federal or state law that affects the amount of benefits all recipients receive.

(2) Continuation of Benefits Pending Appeal

(a) Family Independence - a claimant/petitioner may request continued benefits if he or she requests a hearing within ten (10) days of receipt of notice of the adverse action.

(b) Food Stamps

(i) Food stamps shall be continued if:

(a) the claimant requests the hearing within the advance notice period;

(b) the case would be open if the adverse action had not been initiated.

(ii) Cases that closed because the certification ended are not eligible for continued benefits.

(iii) A claimant can elect to refuse continued benefits.

(c) Continued benefits under the Food Stamp and Family Independence programs are subject to recoupment without additional appeal rights, if the decision becomes final and is not in the claimant's favor.

(3) A final decision on food stamp eligibility appeals shall be rendered and mailed to the parties within sixty (60) days of the date the appeal was filed.

D. Administrative Disqualification Hearings (ADH) and Electronic Benefits Transfer (EBT) Hearings

(1) Purpose

The purpose of these hearings is to determine whether the client willfully intended to deceive the department and to impose a disqualification if such intent is found.

(2) Procedure

(a) A hearing can be requested by either the client or a claims worker or other authorized departmental representative when the client refuses to discuss the issue or declines to sign an Administrative Consent Agreement ("ACA"), wherein the client accepts the Department's determination of disqualification and agrees to reimburse the over issuance of benefits, if any.

(b) The request shall conform to the requirements set forth in Section 114-130(B).

(c) The hearing may take place in the client's absence.

(d) The hearing officer shall be the sole decision maker.

114-190. Food Services.

A. Summer Food Service Program

(1) Adverse Action

An applicant or participant in the Summer Food Service Program may appeal the following:

(a) a denial of an application for participation;

(b) a denial of a sponsor's request for an advance payment;

(c) a denial of a sponsor's claim for reimbursement, except for late submissions;

(d) the Department's refusal to forward to Food and Consumer Service, USDA, an exception request by the sponsor for payment of a late claim or a request for an upward adjustment to a claim;

(e) a claim against a sponsor for remittance of a payment;

(f) termination of the sponsor or a site;

(g) a denial of a sponsor's application for a site;

(h) a denial of a food service management company's application for registration;

(i) the revocation of a food service management company's registration.

(2) Notice

(a) The sponsor or food service management company shall be advised in writing of the grounds upon which the Department based the adverse action.

(b) The notice, which shall be sent by certified mail, return receipt requested, shall also state that the sponsor or food service management company has the right to appeal the Department's action and shall state that such appeal must be made within the specified time.

(3) Request for Review/Hearings

(a) All requests to review an adverse action must be made in writing within fourteen (14) days of receipt of the notification of such action.

(b) The petitioner shall be given an opportunity to refute the charges contained in the notice of action either in person or by filing written documentation with the hearing officer. Written documentation must be submitted by the petitioner within seven (7) days of submitting the request for review, must clearly identify the state action being appealed, and must include a photocopy of the notice of action issued by the Department.

(c) A hearing shall be held in addition to, or in lieu of, a review of written information submitted by the petitioner only if the petitioner specifically requests a hearing in the written request for review. The decision shall be made by a three-member committee consisting of a hearing officer and two members appointed by the State Director of the Department of Social Services or his or her designee.

(d) If the petitioner requests a hearing in accordance with these regulations, the petitioner and the Department shall be provided with at least five (5) days advance written notice, sent certified mail, return receipt requested, of the time and place of the hearing.

(e) The hearing shall be held within fourteen (14) days of the date of the receipt of the request for review, but where applicable not before the petitioner's written documentation is received in accordance with paragraphs (3) (b) and (c) of this section.

(f) The petitioner shall be given an opportunity to review any information upon which the adverse action was based.

(4) Decision

Within five (5) working days after the hearing, or within five (5) working days after receipt of written documentation if no hearing is held, the hearing committee shall make a determination based on a full review of the administrative record and inform the petitioner of the decision of the review and the basis for such decision, by certified mail, return receipt requested.

(5) The Department's action shall remain in effect during the review process. However, participating sponsors and sites may continue to operate the Program during a review of a termination, and if the review results in overturning the Department's decision, reimbursement shall be paid for meals petitioner served during the review process. However, such continued Program operation shall not be allowed if the Department's action is based upon imminent danger to the health or safety of children.

B. Child and Adult Food Service Program

(1) Adverse Action

An institution or sponsoring organization participating in the Child and Adult Food Service Program may appeal the following:

(a) a denial of the institution's application for participation;

(b) a denial of an application submitted by a sponsoring organization on behalf of a facility;

(c) a termination of the participation of an institution or facility;

(d) a suspension of an institution's agreement;

(e) a denial of an institution's application for start-up payments;

(f) a denial of an advance payment;

(g) a denial of all or a part of the claim for reimbursement, except for a late submission;

(h) a denial by the Department to forward to Food and Consumer Service an exception request by the institution or sponsoring organization for payment of a late claim or a request for an upward adjustment to a claim;

(i) a demand for the remittance of an overpayment.

(2) Notice

(a) The institution shall be advised in writing of the grounds on which the Department based its adverse action.

(b) The notice, which shall be sent certified mail, return receipt requested, shall also include a statement indicating that the institution has the right to appeal the action no later than fifteen (15) calendar days from the date of receipt of said notice.

(3) Request for Review/Hearing

(a) The petitioner must file a written request for review with the OAH or the petitioner's food service worker no later than fifteen (15) days from the date the petitioner received the notice of adverse action, and the Department shall acknowledge the receipt within ten (10) days.

(b) The petitioner may refute the charges contained in the notice of adverse action in person and by written documentation to the review official. In order to be considered, written documentation must be filed with the review official not later than thirty (30) days after the petitioner received the notice of adverse action.

(c) A hearing shall be held by the review official in addition to, or in lieu of, a review of written information submitted by the petitioner only if the petitioner so specifies in the written request for review.

(d) If a hearing is requested by the petitioner, the petitioner and the Department shall be provided with at least ten (10) days advance written notice, sent certified mail, return receipt requested, of the time and place of the hearing.

(e) Any information upon which the adverse action was based shall be available to the petitioner for inspection from the date of receipt of the request for review.

(4) Decision

Within 120 days of the Department's receipt of the request for review, the review official shall inform the Department and the petitioner of the review official's decision.

(5) The Department's action shall remain in effect during the review process. However, participating institutions and facilities may continue to operate under the Program during a review of termination, unless the Department's action is based on imminent danger to the health or safety of participants. If the institution or facility has been terminated for this reason, the Department shall so specify in its notice of action. Institutions electing to continue operating while appealing a termination shall not be reimbursed for any meals served during the period of the appeal if the Department's action is upheld.

(Statutory Authority: 1976 Code Section 43-1-80)

114-200. Definitions.

A. Client - an applicant for or recipient of aid or services granted under programs administered by the Department.

B. Complainant - a client who files a complaint of discrimination against the Department.

C. Days - calendar days, unless otherwise specified.

D. Department - the South Carolina Department of Social Services.

E. Discrimination - to deny unlawfully to any individual, on the basis of race, color, national origin, qualified disability, sex, age, religion, or political belief, or other unlawful basis, the opportunity to participate in or benefit from the aid of any program administered by the Department.

F. OCR - the Department's Office of Civil Rights.

G. Person - an individual, partnership, corporation, association, governmental subdivision, or public or private agency or organization.

H. Provider - a person or entity that has a contract with the Department or is a grantee or a licensee providing services under Programs administered by the Department.

114-210. Non-Discriminatory Practices.

A. The Department of Social Services shall administer its programs in accordance with Title VI, Section 601 of the Civil Rights Act of 1964, as amended; Title V, Section 504 of the Rehabilitation Act of 1973, as amended; Title III, Section 303 of the Age Discrimination Act of 1975, as amended; Title VII, Section 1(c) of the Food Stamp Act of 1977, as amended; Title II of the Americans with Disabilities Act of 1990, as amended; and the Multi-Ethnic Placement Act of 1994, as amended.

B. The Department shall not, directly or through contractual, licensing, or other arrangements:

1. Deny unlawfully to any individual, on the basis of race, color, national origin, qualified disability, sex, age, religion, or political belief, or other unlawful basis, the opportunity to participate in or benefit from the aid of any program administered by it;

2. Aid or perpetuate unlawful discrimination against a client by contracting with, licensing, or otherwise utilizing providers who discriminate on the basis of race, color, national origin, qualified disability, sex, age, religion, political beliefs, or other unlawful basis.

114-220. Administrative Civil Rights Reviews.

A. The OCR of the Department of Social Services shall review, at least biennially, appropriate programs and offices of the Department to assess compliance with federal and state civil rights laws. Recommendations, if any, will be provided to appropriate Department management.

B. OCR may initiate a compliance review based on one or more discrimination complaints filed by a client or by a person on behalf of a client or clients.

114-230. Filing Complaints of Discrimination.

A. Clients who believe that they have suffered from the unlawful discriminatory acts of the Department while applying for or accessing Department benefits or services may address a signed, written complaint to any of the following:

1. The Office of Civil Rights of the South Carolina Department of Social Services

2. The State Director of the Department

3. Department of Health and Human Services, Office of Civil Rights

4. USDA Food and Nutrition Services, Civil Rights Division

5. US Department of Justice, Civil Rights Division

B. Complainants shall file their complaints as quickly as possible. Each complaint shall include the name of the complainant and sufficient information for the Department to contact that person by mail, a clear description and the date(s) of the alleged discriminatory act, and the Department employee or volunteer that was allegedly involved. No complaint will be investigated unless it meets the following criteria:

1. The complaint must be in writing and signed by the complainant. When requested, accommodation or assistance will be provided to complainants in reducing their complaints to written form.

2. The complaint must be received by the department or by one of the above listed agencies within one hundred eighty days of the alleged discriminatory act. The Department may waive the one hundred eighty day limit if the complainant can show good cause for the delay in timeliness. The determination as to whether or not good cause exists rests solely with the Department.

3. The allegation must fall within the definition of discrimination under federal and state laws.

4. The complainant must be a member of a protected class as defined under federal and state discrimination laws.

114-240. Investigation of Complaints.

A. The OCR shall assess the complaint to be sure it meets mandated criteria for timeliness, adequacy, and jurisdiction and shall determine whether or not to accept the complaint for investigation.

1. For complaints that are not accepted for investigation, the OCR may either:

a. Notify the complainant of OCR's determination and the reason not to investigate, or:

b. Notify the complainant that OCR has referred the complaint to the appropriate Department Division, Agency, or entity.

2. For complaints that are accepted for investigation, the OCR shall:

a. Complete a thorough investigation of the circumstances giving rise to the complaint within ninety days of receipt of the complaint by the Department.

b. Notify the complainant in writing that either:

1) The investigation disclosed no substantial evidence of unlawful discrimination; or

2) The investigation found that a discriminatory act did occur and that the Department will take necessary action.

B. If the complainant is dissatisfied with the OCR determination, the OCR will refer the complainant to the appropriate federal agency.

114-250. Complaints against Providers.

A. Clients who believe that they have experienced an unlawful discriminatory act of any provider of the Department may address a signed, written complaint to any of the following:

1. The Office of Civil Rights of the South Carolina Department of Social Services

2. The State Director of the Department

3. Department of Health and Human Services, Office of Civil Rights

4. USDA Food and Nutrition Services, Civil Rights Division

5. US Department of Justice, Civil Rights Division

B. OCR will initially review any complaint it receives against a provider. Such a complaint will be addressed, as deemed appropriate, by the Program area or appropriate Division in coordination with OCR. Appropriate action will be taken.

(Statutory Authority: 1976 Code Section 43-1-80)

114-310. Declaratory Rulings.

A. Definitions

(1) Agency--the South Carolina Department of Social Services

(2) Commissioner--The Commissioner of the South Carolina Department of Social Services or his designee.

(3) Declaratory Ruling--an agency ruling designed to clarify that which is uncertain and which expresses the opinion of the Agency regarding applicability of any rules, regulations, policies, or procedures of the Agency or any statutes administered by the Agency without ordering any action.

(4) Person--an individual, partnership, corporation, association, governmental subdivision or public or private agency or organization.

B. Petition for Declaratory Ruling

(1) Any person may petition the Agency for issuance of a declaratory ruling to remove uncertainty regarding the applicability of any rules, regulations, policies, or procedures of the Agency.

(2) Petitions for the issuance of a declaratory ruling shall:

(a) Be in the form of a letter to the Appeals Unit, Department of Social Services, P. O. Box 1520, Columbia, SC 29202

(b) State in a clear and concise manner the uncertainty which is the subject of the petition.

(c) Include a complete statement of facts and grounds for the petition.

(d) Cite statutory or other authority

(e) Contain a full disclosure of the petitioner's interest.

C. Agency Action Upon Petition

(1) Upon receipt of a written petition for a declaratory ruling, the Commissioner, shall grant prompt consideration to such a request. However, the Commissioner may designate the Executive Assistant or other administrative officer of the affected program to issue a ruling on the petition. If deemed necessary to clarify the issues involved, the Commissioner may, at his discretion, require a hearing to be held into the issue presented to the agency for declaratory action. In the event a hearing is required, the Commissioner shall set forth the procedural requirements of the hearing and all other matters pertaining thereto.

(2) The Commissioner may, upon receipt of a written petition, require the petitioner to submit additional facts, or provide an oral explanation of the issues regarding the subject of a petition. If the petitioner refuses or fails to comply with this request, the Commissioner may dismiss the petition.

D. Limitation of Subject

(1) Petitions for declaratory rulings shall be limited in subject to rules, regulations, policies and procedures of the Agency or statutes administered by the Agency.

(2) Petitions for declaratory rulings may not be utilized to resolve actual cases or controversies which are required either by contract, regulation, law or policy to be resolved through other Agency hearing procedures.

(3) Each petition shall be limited to one request for a declaratory ruling.

(4) Any petition for declaratory ruling which does not conform to these regulations may be dismissed by the Commissioner.

E. Petitions involving Federal Policy, Regulations of Law

Petitions for declaratory rulings which involve, in part, Federal policy, regulations or law may be accepted at the discretion of the Commissioner, however, since the Commissioner is dependent upon the cooperation of the Federal Government for interpretation of such matter, the time limits for rendering decisions herein (section H) do not apply.

F. Declaratory Rulings on Agency's Own Motion

In order to remove uncertainty or provide clarification, the Commissioner may, on his own motion and without notice or hearing, issue a declaratory ruling.

G. The Appeals Unit shall prescribe the format for declaratory rulings and shall be responsible for the transmission of such rulings to all parties concerned.

H. A decision in writing on a petition shall be issued by the Commissioner within thirty days from the date the petition is received by the Appeals Unit.

(Statutory Authority: 1976 Code Sections 43-1-80, 43-1-150)

114-410. Release of Information and Records.

A. Definitions.

(1) Agency--the South Carolina Department of Social Services.

(2) Client--an applicant for or recipient of aid or services granted under programs administered by the agency.

(3) Person--an individual, partnership, corporation, association, governmental subdivision or public or private organization.

(4) Public Records--records of meetings and all other records which by law are required to be kept or maintained by the agency, and includes all documents containing information relating to the conduct of the public's business prepared, owned, used or retained by the agency, regardless of physical form or characteristics. Records such as medical records and adoption records are, by law, closed to the public. This definition excludes those records concerning which it is shown that the public interest is best served by not disclosing them to the public.

(5) Releasing authority--the agency official charged with maintenance and disposition of records created or received in accordance with the administrative or specific program material for which responsible.

(6) Researcher--a person conducting a research project or study in the field of social services which has not been requested by the agency.

B. General Release Provisions.

(1) Except in the discharge of his proper duties, no person employed by the agency will furnish copies of official records or give any information which may be used as a basis of a claim against the State or the agency.

(2) In honoring requests, the releasing authority will disclose only that information which is germane to the request.

(3) Only names and amounts of assistance received by clients have been determined to be public information. All other client information is confidential.

C. Research in Agency Records.

(1) Agency records may be made available to qualified individuals for the purpose of welfare research and study.

(2) Space and facilities will be furnished by the custodian of the records to authorized researchers.

(3) Agency records will not be removed from the premises of the custodian for the purpose of research.

(4) Records transferred to the State Records Center will not be returned to the agency for use by authorized researchers.

D. Applications for Research.

(1) All requests for access to agency records for research and study must be approved in advance by the State Commissioner of Social Services. Applications will be addressed to the Commissioner, S.C. Department of Social Services, P.O. Box 1520, Columbia, S.C. 29202.

(2) Applications will contain the following information:

(a) Name and address of the researcher, and any assistants;

(b) Professional qualifications of the researcher, and any assistants;

(c) Description of the project or field of study in which the researcher is engaged;

(d) A statement of the reason for requesting the use of agency records;

(e) A reference to the particular records to which access is requested and their location;

(f) Inclusive dates during which access is desired.

(3) Prior to being granted access to agency records, each individual named in the application will be required to sign an agreement stating that:

(a) All information obtained from the records will be treated in accordance with ethical principles to prevent a clearly unwarranted invasion of personal privacy.

(b) The identity of individuals referred to in the records will not be divulged without permission of the individuals concerned.

(c) The researcher understands that permission to examine the records does not imply approval of the project or field of study by the Commissioner or the agency.

(d) All identifying entries pertaining to an individual will be deleted from abstracts or reproduced copies of documents from the records.

(e) The researcher agrees that prior to publication or dissemination he will submit his manuscript for clearance to the Commissioner, S.C. Department of Social Services, P.O. Box 1520, Columbia, SC 29202.

(f) Any published material or lectures on the particular project or study will contain a statement as follows:

"The use of Department of Social Services records in the preparation of this material is acknowledged, but it is not to be construed as implying official approval of the Department of Social Services of the conclusions presented."

E. Client Case Records.

(1) Information from case records of clients or former clients of the agency will be released only to the extent considered necessary to the accomplishment of the legitimate purposes for which the information is requested.

(2) Except when otherwise required by law, information from client case records may be released to the following persons.

(a) District Offices, Department of Social Services.

(b) County Departments of Social Services.

(c) The client or former client upon request.

(d) Direct to the next-of-kin or legal representative (upon submission by the latter of a certified copy of the court order of appointment) when the client or former client has been adjudged insane or dead. Next-of-kin or legal representative will furnish the releasing authority with the following documents, as appropriate, if not on file in the office concerned.

(i) Copy of the court order adjudging the client or former client to be insane.

(ii) Adequate proof of death of the client or former client.

(e) A representative, other than a legal representative, specifically authorized in writing by the client whose records are involved. The purpose for which the information is to be used and the nature of the service to be performed will be furnished the releasing authority.

(f) A representative, other than a legal representative, specifically authorized in writing by the next-of-kin if the client or former client is insane or dead. The purpose for which the information is to be used and the nature of the service to be performed will be furnished the releasing authority.

(g) Other governmental persons when the requesting person has a proper and legitimate need for the transcript of or information from the client case record. The following applies:

(i) If the releasing authority has doubt that the requesting person has a proper and legitimate need for the information, the latter will be requested to specify the purpose for which the information will be used.

(ii) When appropriate, the requesting person will be informed that the information will be withheld pending receipt of written consent of the client concerned.

(h) Qualified persons for the purposes of welfare research and study.

(i) Federal or State courts or other administrative bodies when required by law or pursuant to lawful court orders calling for production of the records or information in connection with civil litigation or other legal proceedings.

F. Release of Information on Agency Programs.

(1) Instructions in Sections B, C, D and E, above, do not preclude:

(a) Release of appropriate information concerning the current status of assistance and service programs conducted by the agency.

(b) Release of statistical data involving assistance and service programs of the agency.

(2) Nothing herein will be construed to preclude the release of information from records when required by law.

(Statutory Authority: 1976 Code Sections 43-1-80 and 20-7-2980, et seq.)

REGULATIONS FOR THE LICENSING OF CHILD CARE CENTERS

114-500. General Provisions.

A. Purpose

(1) The purpose of these regulations is to establish standards that protect the health, safety and well being of children receiving care in child care facilities, through the formulation, application and enforcement of these regulations.

B. Applicability

(1) These regulations apply to child care centers as defined in section 114-501.A. (9) relating to definitions for profit and private child care centers.

(2) These regulations apply equally to profit, not for profit and private child care centers.

(3) These regulations do not apply to the following:

(a) Educational facilities, whether private or public, which operate solely for educational purposes in grade one or above;

(b) Five-year-old kindergarten programs;

(c) Kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age;

(d) Facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available; however, these facilities must meet local fire and sanitation requirements and maintain documentation of these requirements on file at the facility available for public inspection;

(e) School vacation or school holiday day camps for children operating in distinct sessions running less than three weeks per session, unless the day camp permits children to enroll in successive sessions so that their total attendance may exceed three consecutive weeks;

(f) Summer resident camps for children;

(g) Bible schools normally conducted during vacation periods;

(h) Facilities for the mentally retarded provided in Chapter 21, Title 44, Code of Laws of South Carolina;

(i) Facilities for the mentally ill as provided for in Chapter 17, Title 44, Code of Laws of South Carolina; and

(j) Child care centers owned and operated by a local church congregation or an established religious denomination or a religious college or university which does not receive state or federal financial assistance for child care services; however, these facilities must comply with the provisions of Code of Laws of South Carolina; Sections 20-7-2900 through 20-7-2975 and that these facilities voluntarily may elect to become licensed according to the process as set forth in Code of Laws of South Carolina; Sections 20-7-2700 through 20-7-2780 and Sections 20-7-2980 through 20-7-3090.

C. Access to and within the center, and physical site accommodations and equipment, shall be provided for children with disabilities to meet their health and safety needs in accordance with applicable state and federal laws.

114-501. Definitions.

A. Terms used in South Carolina Regulations, Chapter 114, Article 5, Part A, shall be all definitions cited in Section 20-7-2700 et seq., Code of Laws of South Carolina in addition to the definitions that follow:

(1) Applicant: A person 21 years of age or older, representing a corporation, partnership, voluntary association, other public or private organization who has completed, signed and submitted a Department of Social Services application form and other requirements to the Department in order to obtain a child care center license or approval.

(2) Approval: A written notice issued by the Department to a department, agency or institution of the State, or a county, city or other political subdivision, not otherwise regularly licensed, approving the commencement of operations of a public child care center.

(3) Blood-borne pathogens: Pathogenic microorganisms that are present in human blood that can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).

(4) Center Director: The on-site staff person, who is responsible for the daily operation of a child care center, including but not limited to supervision of staff and children. The center director can only have responsibility for one center and may not hold another full-time job during the hours of center operation.

(5) Center Co-Director: The on-site staff person who is responsible for the daily operation of a child care center when the director is not present including, but not limited to, the supervision of staff and children.

(6) Center Director Designee: The on-site staff person who assumes the responsibilities of the Director for limited periods of time, when neither the Director nor Co-Director is on-site.

(7) Central Registry of Child Abuse and Neglect: An automated, computerized listing, maintained by the Department of Social Services containing the names(s), address(es), birth date(s), identifying characteristics and other information about individual(s) who have been listed on the registry due to the determination of perpetrating abuse or neglect upon a child.

(8) Child: An individual, from birth through 15 years of age (chronologically), receiving care in a child care center; or up to 18 years of age if the child qualifies as special needs.

(9) Child care center: A center that is licensed for thirteen (13) or more children for care.

(10) Complaint: Statement(s) reporting unsatisfactory conditions in a child care facility.

(11) Complete Application: An application is complete on the date of receipt of the last document required by the Department in order to issue a license/approval.

(12) Department: Refers to the Department of Social Services.

(13) Emergency Person: An individual 18 years of age or older, not regularly employed by the child care center who is immediately available to serve as staff in emergency situations. This person shall meet all requirements of an employed teacher/caregiver, with the exception of training.

(14) Infant: A child under 12 months of age.

(15) License: A written notice issued by the Department to a private facility approving the commencement of operations of a child care center.

(16) Lifeguard: A person having the qualifications of and possessing a current American Red Cross, YMCA, or equivalent Lifeguard Certificate, current First Aid Certificate and current CPR (which includes adult, child, and infant) Certificate.

(17) Owner: The owner may be independent of the staff of the child care facility and not be required to be on the premises. However, the owner can be the director or a teacher/caregiver. If the owner serves in the capacity of staff and directly supervises children, he/she shall have state and federal fingerprint reviews completed in accordance with Section 20-7-2700 et. Seq., Code of Laws of SC (1976), as amended, in addition to meeting all other requirements.

(18) Parent: The biological or adoptive mother or father, the legal guardian of the child or the individual agency with custody of the child.

(19) Preschool Child: A child 3 or 4 years of age or older but not yet eligible for public kindergarten.

(20) Provisional approval: A written notice issued by the Department to a department, agency or institution of the State, or a county, city or other political subdivision approving the commencement of operations of a public child care center although the operator is temporarily unable to comply with all of the requirements for approval.

(21) Provisional license: A license issued by the Department to a director when the director is temporarily unable to comply with all the requirements for a license/approval.

(22) Regular approval: A written notice issued by the Department for a two-year period to a department, agency or institution of the State, or a county, city or other political subdivision, approving the operation of a public child care center in accordance with the provisions of the regulations of the Department.

(23) Regular license: A license issued by the Department for two years to a director showing that the licensee is in compliance with the regulations of the Department at the time of issuance and authorizing the licensee to operate in accordance with the regulations of the Department.

(24) Renewal: To grant an extension of a regular license.

(25) Revocation: To void the regular license of a child care center.

(26) School-aged Child: A child at least old enough to enroll in public kindergarten.

(27) Sex Offender Registry: A statewide computerized listing of names and other identifying information on convicted sex offenders maintained and updated by the State Law Enforcement Division (SLED) and authorized by Section 23-3-400 et. Seq., Code of Laws of South Carolina, 1976, as amended.

(28) Staff: Full-time and part-time management, administrative, teaching/caregiving, program, maintenance, food service and service personnel; emergency and substitute personnel; supervised students; supervised student teachers and supervised volunteers.

(29) Staff: Child Ratio: The maximum number of children permitted per teacher/caregiver.

(30) Student Teacher: An individual enrolled in his/her final practicum to be qualified for teacher certification. He or she shall meet the same health standards as other staff and undergo background investigation. He or she may be included in staff:child ratios.

(31) Student Volunteer: An individual at least 16 years of age from a recognized educational institution or who may receive credit, reimbursement for expenses or a stipend for providing services in a trainee capacity under supervision of a staff member at all times when providing direct care to children shall not be counted in the staff:child ratio.

(32) Supervision: Care provided to an individual child or a group of children. Adequate supervision requires staff awareness of and responsibility for the ongoing activity of each child, knowledge of activity requirements, and children's needs and accountability for their care. Adequate supervision also requires the director, and/or staff being near and having ready access to children in order to intervene when needed. Supervision requires adequate staff to meet staff:child ratios, being in the room at all times or on the playground at all times when children are present.

(33) Teacher/Caregiver: Any person whose duties include direct care, supervision, and guidance of children in a child care center.

(34) Toddler: A child 12 months of age or older, but younger than 24 months of age.

(35) Training: Participation by child care center staff, in workshops, conferences, educational or provider associations, formal schooling, in-service training, or planned learning opportunities provided by qualified individuals. Training shall be age appropriate for the child population served by the child care center and in such subject areas related to: child care, child growth and development and/or early childhood education, nutrition, infection control/communicable disease management and causes, health and safety, signs and treatment of child abuse and/or neglect and shall include alternatives to corporal punishment. Training for directors may also be in areas related to supervision of child care staff or program administration.

(36) Two-year olds: A child 24 months of age or older but younger than 3 years of age.

(37) Volunteer: An individual parent, grandparent, other professional or skilled individual artist or crafts person at least 16 years of age infrequently assisting with the daily activities for children in a child care center who provides services without compensation and who is supervised by staff at all times when providing direct care to children. An individual meeting this definition is not required to undergo a fingerprint background check or health screening and is not counted in staff:child ratios.

114-502. Procedures.

A. Licensing/approvals

(1) Any person, corporation, partnership, voluntary association, or other organization, whether private or public, may secure information about the licensing/approval process by contacting staff of the State or Regional Child Care Licensing Office.

(2) An application for a license/approval shall be completed on appropriate Department forms and shall be signed by the director. The Department representative shall provide the applicant with the required number of forms, a copy of current child care center regulations, a copy of Section 20-7-2700 et seq., Code of Laws of South Carolina (1976), (Child Care Statute) and a copy of Sections of the Children's Code related to child abuse and neglect with an explanation of procedures and information required by the Department. The Department representative shall request in writing that health and fire officials make inspections of the facility.

(3) After giving the applicant at least two working days notice, Department staff shall arrange a licensing/approval study during an on-site visit to the proposed facility for determining compliance with applicable regulations.

(4) Health and fire officials shall inspect the facility to determine compliance with appropriate regulations and shall put in writing on appropriate forms the results of their inspections.

(5) The Department shall review the completed application form, completed licensing/approval inspection report, completed health and fire inspection reports, current child abuse and criminal history background records checks, written policies and other information specified by the Department to make a determination of issuance or non-issuance of a license/approval and shall take one of the following actions:

(a) Issue a regular license/regular approval if all the provisions of the regulations and statute for the operation of a child care center have been met;

(b) Issue a provisional license/provisional approval with an accompanying correction notice if one or more violations have been cited which do not seriously threaten the health, safety or well-being of children; or

(c) Deny the issuance of a license/approval if one or more violations seriously threaten the health, safety, or well being of the children.

(6) Failure of Department staff, except as provided by statute, to approve or deny any complete application within ninety days shall result in the granting of a provisional license/provisional approval.

(7) If a license/approval is issued, the Department staff shall mail the license/approval directly to the director.

(8) The license/approval shall state clearly the name of the director, the address and type of child care facility, the date on which the license/approval was issued and will expire, and the maximum number of children to be present in the center at any one time.

(9) Department staff shall notify the director as follows if a provisional license/provisional approval is issued or an application for a license/approval is denied:

(a) If a provisional license/provisional approval is issued, the Department shall notify the director in writing of violations to be corrected. The violations shall be cited by regulation number and shall include a form issued by the Department for the director to complete a written plan to correct each violation as approved by the Department;

(b) If a license/approval is denied, the Department shall give the applicant written notice by certified mail indicating the reason(s) for the denial.

(10) If a facility is found to be in operation after the Department has denied the application for the license/approval and the administrative appeal/review procedure has been completed, the Department shall notify the Department's Office of General Counsel.

B. Provisions of the license/approval

(1) A regular license/regular approval issued by the Department to the child care center shall be valid for two years from date of issuance, unless revoked by the Department or voluntarily surrendered by the director; provided however, that a change in location, ownership or sponsorship of the facility shall automatically void the license/approval.

(2) A provisional license/provisional approval issued by the Department to a child care center shall be issued for a period within which the deficiencies shall be corrected, and within the conditions permitted by statute.

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

(4) An application for a license/approval may be denied or the license/approval may be revoked by the Department if the owner, director, any staff member, volunteer(s) or emergency person(s) has been determined to have abused or neglected any child as defined in Section 20-7-490 (B), S.C. Code of Laws, 1976 as amended.

C. Inspection and consultation

(1) Department staff may visit and inspect a child care center at anytime during the hours of operation without prior notice to verify regulatory compliance.

(2) Department staff shall provide at least two working days notice to the director or center director prior to conducting an initial or renewal inspection.

(3) The director and staff shall cooperate with the investigation and related inspections by providing access to the physical plant, records, excluding financial records, and staff.

(4) The Department has the right to interview staff and parents relating to regulatory compliance.

(5) Upon receipt of a regulatory complaint, the Department shall conduct an unannounced inspection of the center to investigate the complaint. If the complaint is written, the Department shall provide a copy to the director upon request.

(6) The director may request consultation from the Department. Department staff shall provide technical assistance to the director as requested.

D. Reasons for license/approval denial, revocation, or non-renewal

(1) A license/approval may be denied, revoked or not renewed by the Department if the owner, director or staff member has been determined to have abused or neglected any child as defined in Section 20-7-490(B), S.C. Code of Laws, 1976 as amended.

(2) A license/approval may be denied, revoked or not renewed by the Department if cited deficiencies threaten serious harm to the health and/or safety of the children.

E. Reporting of changes affecting license/approval

(1) The director shall immediately report to the Department when an occurrence takes place that may affect the status of the license/approval including the following:

(a) Change in director, ownership, or sponsorship;

(b) Change in center location; and

(c) Major renovations or alterations to the building.

F. License/approval renewal

(1) One hundred and twenty (120) days prior to the expiration date of the current license/approval, Department staff shall notify the director in writing of the time and requirements for renewal and shall request health and fire inspections.

(2) The same Department actions cited in 114-502.A.(2) through (10), above are applicable to the renewal process, except that the Department shall initiate the license/approval renewal process one hundred and twenty (120) days in advance.

114-503. Management, Administration, and Staffing.

A. Display of license/approval

(1) The center shall display the current license/approval, as well as any violations in a prominent public place in the center. The back of the license/approval shall be displayed if deficiencies are listed.

(2) When advertising or issuing other public notifications of the service provided, the official license number issued by the Department shall be included.

B. Capacity

(1) No child care center shall have present at any one time children in excess of the number for which it is licensed/approved.

(2) Exception: In the event of a natural disaster or unscheduled closing of a child care center, the capacity may be exceeded temporarily for a maximum of 90 days to accommodate the displaced children. The director shall notify the Department of the situation and maintain appropriate staff:child ratios at all times. Required records shall be kept on file for the new enrollees.

C. Child abuse

(1) The center shall immediately report suspected child abuse or child neglect to the Department's Office of Child Protective and Preventive Services or to local law enforcement in accordance with South Carolina Code Annotated Section 20-7-510.

(2) The director and staff shall cooperate with Department staff during an investigation of child abuse or neglect. Cooperation shall include the following:

(a) Participate in informational conferences with Child Protective and Preventive Services staff;

(b) Release records as appropriate, of children and staff upon request; and

(c) Allow access to the center premises for inspection and investigation of the child abuse allegation by the Department and other officials as permitted by statute.

D. Reporting of incidents

(1) The center shall report the following incidents to the parents/guardians immediately and provide written notification to the Department within 48 hours after the occurrence:

(a) Accidents or injuries involving any child occurring at the center requiring professional medical treatment, and

(b) Child or staff occurrences of communicable diseases that the Department of Health and Environmental Control (DHEC) requires to be reported in its School Exclusion List.

(2) The following incidents shall be reported to the Department immediately:

(a) A death of a child or staff person that occurs at the center;

(b) A child who is missing from the premises or who is left unattended in a vehicle operated by the child care center;

(c) Major structural damage to center;

(d) Natural or man-made disasters, including extreme weather conditions, which cause the center to be closed for more than one day of scheduled operation;

(e) An occurrence requiring the services of a fire or police department, which affects the health and safety of children;

(f) Charges or convictions of crimes against the owner, director, or any staff person;

(g) Reports of alleged child abuse involving the owner, director, or any staff person;

(h) A follow-up report shall be submitted to the Department as soon as an investigation of the facility is completed and corrective action is taken; and

(i) Parents should be notified if a legal or health issue occurs which impacts the health and safety of his/her child. This notification should occur at the time of pick-up or on the next day the child is in care.

E. Death of a child

(1) If the child dies while at the facility, the following shall be done:

(a) Immediately notify emergency medical personnel, the child's parents, and law enforcement;

(b) Immediately notify the licensing agency; and

(c) Provide information for children and parents as appropriate.

F. Parent access and communication

(1) The center shall permit the parent of a child in care free and full access to his or her child without prior notice, while their child is receiving care, unless there is a court order limiting parental access. This free access must not disrupt instructional activities and classroom routines.

(2) The center shall develop a policy for the release of children, which includes a security system to prevent the inappropriate release of a child to an unauthorized person. This policy shall be communicated with the parent upon admission.

(3) Parents shall be provided with the following information upon admission:

(a) The right of parents to free and full access to their child in accordance with 114-503.F.(1);

(b) The policy and procedures on release of children specified in 114-503.F.(2);

(c) The program activity schedule for their child's age group and child care area;

(d) The parent's responsibility to obtain necessary immunizations and physical examinations for their child;

(e) The policy and procedures for the administration of medications; and

(f) The policy and practices regarding the discipline and behavior management of children. This statement shall be re-signed if any discipline policy changes are made.

(4) Parents and staff shall sign and date an agreement, maintained on file and updated annually, that both parties have read and understand all policies relating to the operation of the facility.

G. Child records

(1) The facility shall keep a separate record for each child.

(2) The file shall be kept in a confidential manner, but shall be immediately available to the Department, the child's teacher/caregiver, parent, or guardian upon request.

(3) Access to records is limited to the above unless requested by court order.

(4) Entries in a child's record shall be legible, dated and signed by the individual making the entry.

(5) A child's record shall be maintained on file at the child care center and made available to the Department upon request, and it shall contain the following:

(a) Child's full legal name, nickname, birth date, date of enrollment, current home address and home telephone number;

(b) Full name of both parent(s)/guardian(s), work and home telephone numbers, or telephone number(s) where they can be reached during the time the child is in the center;

(c) Name(s), address(es) and telephone number(s) of person(s) who can assume responsibility for the child in an emergency if the parent(s)/guardian(s) cannot be reached;

(d) Name, address, and telephone number of family physician or health resource;

(e) Name(s), address(es) and verification of identification, such as valid driver's license, other picture identification or personal family code word of person(s) authorized to take the child from the child care center;

(f) Accurate records of daily attendance for each child;

(g) Authorization from parent(s)/guardian(s) for child to obtain emergency medical treatment;

(h) Authorization from parent(s)/guardian(s) for child to be transported to and from the center during field trips and other away from the center activities;

(i) Authorization from parent(s)/guardian(s) for child to participate in swimming activities; and

(j) A written statement, signed by the parents, acknowledging their understanding and acceptance of the disciplinary policies of the center.

(6) A health record shall be maintained in the center for each child enrolled, and it shall include all of the following information:

(a) A signed statement of the child's health prior to admission to the child care center on the appropriate DSS form;

(b) A current South Carolina certificate of Immunization; and

(c) Other health information if deemed necessary by the director of the center and/or by parent(s)/guardian(s).

(7) Emergency information for each child shall be easily and immediately accessible while at the center, during transportation, and during any trips away from the premises, and it shall include the following:

(a) The full name of both parents/guardian, and updated address, work, home and mobile numbers where they can be reached during the time the child is in the center;

(b) The name, address, telephone number and relationship of at least two individuals designated by the parents/guardian to be contacted in an emergency and who have the authority to obtain emergency medical treatment for the child;

(c) The name, address and telephone number of the child's physician, and the emergency care, medical and dental care provider; and

(d) Health insurance information.

(8) Emergency information shall be updated by the parent as changes occur.

H. Staff records shall include the following:

(1) Names, positions and hours of duty of staff members;

(2) Written policies that refer to or apply to DSS licensing regulations;

(3) Three letters of reference for the center director;

(4) Criminal history background records check forms for the director, staff, emergency person(s), and volunteer(s);

(5) Record of training for director and staff; and

(6) Written statements signed by all staff members regarding disciplinary policies of the center.

(7) The director shall maintain health records in the center for himself/herself, staff, and emergency person(s) in accordance with 114-505.G.(1)(a) through (c).

I. Confidentiality and applicable laws and regulations

(1) The center shall have written policy to safeguard the confidentiality of all records.

(2) A child's record, emergency information, photograph and other information about the child or family and information that may identify a child by name or address is confidential and may not be copied, posted on a web site or disclosed to unauthorized persons, without written consent from the child's parent.

(3) The center shall comply with all applicable federal, state, and local laws, regulations, and ordinances.

(4) The center shall make available at least one copy of Section 20-7-2700 et seq., Code of Laws of South Carolina, a copy of sections of the Children's Code related to child abuse and neglect and a copy of the current regulations for child care centers that will be provided by the Department.

J. Communication

(1) The center shall have an operable telephone with an outside line that is accessible to staff persons in emergencies.

(2) Emergency telephone numbers for the police, fire department, ambulance service and poison control center shall be posted by each telephone.

(3) The center shall have an internal means of communication among staff.

K. Staffing

(1) Child abuse checks

(a) The director or staff shall not have been determined to have committed an act of child abuse or neglect or have been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, any crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency or for the Crime of Contributing to the Delinquency of a Minor in Section 16-17-490.

(b) A check of the South Carolina Central Registry of Child Abuse and Neglect shall be requested by the director(s) on each staff person, except for volunteers in accordance with the following time lines:

(i) For the director(s) and at least two staff persons prior to the initial issuance of a regular or provisional license/approval.

(ii) For the director(s) and staff prior to employment.

(iii) For all other staff persons (including the emergency person) prior to employment.

(iv) For all persons hired by the child care facility at each license/approval renewal.

(c) No child care center shall employ or retain an individual who has been determined to have committed an act of child abuse or neglect.

(2) Background criminal history checks

(a) To be employed by or to provide teacher/caregiver services at a child care facility, a person shall first undergo a State fingerprint review from the State Law Enforcement Division (SLED).

(b) A person may be provisionally employed or may provisionally provide teacher/caregiver services after the favorable completion of the state fingerprint review. The Federal Bureau of Investigation (FBI) fingerprints shall be submitted for review within 14 business days upon receiving the SLED results. Upon the completed FBI review, the results will be forwarded to the appropriate Department for distribution.

(c) No child care facility may employ a person, engage the services of or knowingly allow a person in the child care facility during normal hours of operation who is required to register under the sex offender registry act pursuant to SC Code of Laws Section 23-3-430 or who has been convicted of:

(i) A crime listed in Code of Laws of South Carolina; Chapter 3 of Title 16, Offenses Against the Person;

(ii) A crime listed in Code of Laws of South Carolina; Chapter 15 of Title 16, Offenses Against Morality and Decency;

(iii) The crime of contributing to the delinquency of a minor, contained in Code of Laws of South Carolina; Section 16-17-490.

(d) The results of the fingerprint reviews are valid and reviews are not required to be repeated as long as the person remains employed by or continues providing teacher/caregiver services in a child care facility; however, if a person has a break in service of one year or longer, the fingerprint reviews shall be repeated.

(e) Copies of State and Federal fingerprint results shall be retained in the staff file and available for review by Department staff, upon request.

(3) Center Director and/or Center Co-Director(s)

(a) There shall be a center director and/or center co-director(s) responsible for the following:

(i) Administration and management of the center;

(ii) Safety and protection of the children;

(iii) Development and implementation of policies and procedures;

(iv) Communication with parents about the policies and procedures of the center;

(v) Staff hiring, supervision and ongoing professional development; and

(vi) Compliance with all applicable laws and regulations of the child care center.

(b) The center director(s) or a designee shall be physically present on-site during the hours of the center's operation. A center co-director is required when the program operates more than 12 hours per day.

(c) The center director and center co-director(s) shall be at least 21 years of age and meet one of the following qualifications:

(i) A bachelor's degree or advanced degree from a state-approved college or university in early childhood education, child development, child psychology or a related field that includes at least eighteen credit hours in child development and/or early childhood education;

(ii) A bachelor's degree from a state-approved college or university in any subject area, six months experience working with children in a licensed, approved or registered child care facility;

(iii) An associate's degree from a state-approved college or university in early childhood education, child development, child psychology or a related field, that includes at least eighteen credit hours in child development and/or early childhood education with six months work experience in a licensed, approved or registered child care facility;

(iv) A diploma in child development/early childhood education from a state-approved institution or a child development associate credential (CDA), and one year work experience in a licensed, approved or registered child care facility; or

(v) A High School Diploma or GED with 3 years experience in a licensed, approved or registered child care facility. One year shall include supervision of child care staff.

(4) Caregivers/Teachers

(a) Caregivers/Teachers shall meet the following qualifications:

(i) Be at least 18 years of age, and able to read and write;

(ii) A teacher/caregiver who began employment in a licensed or approved child care center in South Carolina after June 30, 1994, must have at least a high school diploma or General Educational Development Certificate (GED) and at least six months experience as a teacher/caregiver in a licensed or approved child care facility. However, a teacher/caregiver who is prevented from obtaining a high school diploma or GED because of a disability, and who otherwise is qualified to perform the essential functions of the position of teacher/caregiver, must have at least a high school Certificate of Completion and at least six months experience as a teacher/caregiver in a licensed or approved child care facility. If a teacher/caregiver does not meet the experience requirements, the teacher/caregiver must be directly supervised for six months by a staff person with at least one-year experience as a teacher/caregiver in a licensed or approved child care facility. Within six months of being employed, a teacher/caregiver must have six clock hours of training in child growth and development and early childhood education or shall continue to be under the direct supervision of a teacher/caregiver who has at least one year of experience as a teacher/caregiver in a licensed or approved child care facility.

(iii) A teacher/caregiver who has two years experience as a teacher/caregiver in a licensed or approved facility and was employed as of July 1, 1994, in a licensed or approved child care center in South Carolina is exempt from the high school diploma, General Education Development (GED), and Certificate of Completion requirements of (ii) above; and

(iv) A teacher/caregiver with an undergraduate degree from a state approved college or university in early childhood, child development, or a related field may begin working with the children immediately without additional supervision.

(b) Exception: A teacher/caregiver may be 16 or 17 years of age if he/she is continuously supervised by a qualified teacher/caregiver who is in the room at all times.

(c) Exception: Staff persons who were employed prior to the effective date of these revised regulations are not required to meet the staff qualifications specified in this chapter if the staff qualifications required in the prior regulations are met. If a teacher/caregiver has had more than a twelve-month break in service, the new guidelines shall be met for re-employment as a teacher/caregiver.

(5) Professional development

(a) The director(s) shall provide orientation for all new staff, volunteer(s), and emergency person(s) prior to their employment, volunteering, and student/teacher training. This orientation shall include the following:

(i) Specific job duties and responsibilities;

(ii) The requirements of this chapter related to their job; and

(iii) The policies and procedures of the center that affect the health and safety of children.

(b) The director shall participate in at least twenty clock hours of training annually. At least five clock hours shall be related to program administration and at least five clock hours shall be in child growth and development, early childhood education and/or health and safety excluding first aid and CPR training. The remaining hours shall come from the following areas: Curriculum Activities, Nutrition, Guidance, or Professional Development and must include blood-borne pathogens training as required by OSHA.

(c) All staff, with the exception of emergency person(s) and volunteer(s), providing direct care to the children shall participate in at least fifteen clock hours annually. At least five clock hours shall be in child growth and development and at least five clock hours shall be in curriculum activities for children excluding first aid and CPR training. The remaining hours shall come from the following areas: Guidance, Health, Safety, Nutrition, or Professional Development and must include blood-borne pathogens training as required by OSHA.

(d) When children with special needs are enrolled, the director and staff members shall receive orientation and/or training in understanding the child's special needs and ways of working in group settings when children with special needs are enrolled.

(e) All staff shall receive information regarding the developmental abilities of the age group(s) with whom the teacher/caregiver will be working.

(f) Records of training received shall be kept on the premises and include the name of the person trained, the person or persons conducting the training, date, number of hours, location, and the competency area of the training.

(g) At least one person who is certified in pediatric first aid, including rescue breathing, CPR, and management of a blocked airway shall be present in the center at all times when children are in care, and during group outings or field trips. Training shall be provided by an individual who is certified as a trainer by a recognized health care organization.

114-504. Supervision.

A. Children shall be directly supervised at all times by qualified staff persons:

(1) Directly supervised for infants and toddlers means staff persons shall be in the same room or area as the children and that the children shall be within their sight at all times;

(2) Directly supervised for preschool and school-age children means staff persons are physically near, readily accessible, aware and responsible for the ongoing activity of each child and able to intervene when needed;

(3) The center shall have a written procedure to account for the presence of each child as the child enters and exits the premise, enters and exits a vehicle or moves to a new location in or around the center;

(4) There shall be at least two staff persons in the center at all times; and

(5) Children in feeding chairs shall be constantly supervised.

B. Ratios

(1) The following staffing ratios apply at all times children are present on the premises and during activities away from the center and shall be prominently posted in all classrooms.

STAFF:CHILD RATIOS

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Child's Age Staff:Child Ratio

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Two years after Three years after Four years after

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Birth to one year 1:5 1:5 1:5

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One to two years 1:6 1:6 1:6

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Two to three years 1:9 1:8 1:7

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Three to four years 1:13 1:12 1:11

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Four to five years 1:18 1:17 1:16

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Five to six years 1:21 1:20 1:19

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Six to twelve years 1:23 1:23 1:23

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(2) When there are mixed age groups in the same room, the staff:child ratio shall be consistent with the age of the majority of the children when no infants or toddlers are in the mixed age group. When infants or toddlers are in the mixed age group, the staff:child ratio for infants and toddlers shall be maintained.

(3) For mixed age groups, with one or more infants or toddlers, the ratios applicable to the youngest child in the group apply.

C. Nap time staff:child ratios

(1) During nap times the following ratios apply as long as at least one other staff person is readily available:

NAP TIME STAFF:CHILD RATIOS

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Child's Age Staff:Child Ratio

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Two years after Three years after Four years after

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Birth to one year 1:5 1:5 1:5

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One to two years 1:6 1:6 1:6

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Two to three years 1:18 1:16 1:14

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Three to four years 1:26 1:24 1:22

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Four years and older 1:36 1:34 1:32

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D. Water safety staffing

(1) The following staffing ratios apply at all times while children are swimming or wading. The staffing ratios shall also apply at all times while children are near a water body that poses a potential risk based upon the age of the child.

WATER SAFETY STAFF:CHILD RATIOS

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Child's Age Staff:Child Ratio

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Birth to two years 1:1

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Two to three years 1:2

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Three to four years 1:3

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Four to five years 1:6

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Five years and older 2:25

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(2) All swimming activities shall be supervised by a person with current lifeguard training certification. If this is a staff person who has current lifeguard training certification, they may be included in the staff:child ratio. In instances in which all staff members can, without the ability to swim, quickly reach any child, a certified lifeguard is unnecessary.

114-505. Health, Sanitation and Safety.

A. Child health

(1) There shall be a statement from a parent/guardian attesting to the health status of the child within 30 days prior to admission and utilizing the appropriate DSS Form.

(2) Children shall be excluded from child care when they exhibit the conditions listed in the South Carolina Department of Health and Environmental Control Exclusion Policy, State Law 1976, Code Section 44-1-110, 44-1-140, and 44-29-10.

(3) During hours of operation there shall be no smoking or consumption of alcoholic beverages in the areas used by children or in the food preparation or storage areas. Smoking shall be permitted only in designated areas, a safe distance from the center. Consumption of alcoholic beverages or use of other non-prescription narcotic or illegal substances is prohibited on the center premises. People who appear to be under the influence of alcohol or other drugs shall not be in the center when children are present.

B. Sanitation

(1) Staff shall ensure that children's faces and hands are clean.

(2) Furniture, toys, and equipment that come into contact with children's mouths shall be washed, rinsed, and sanitized daily and more often if necessary.

(3) Furniture, toys and equipment soiled by secretion or excretion shall be sanitized before reuse.

(4) Linens and blankets as well as cribs, cots, and mats shall be cleaned at least weekly.

(5) If playpens are used, they shall have waterproof, washable, comfortable pads.

(6) If children brush their teeth at the center, each child shall have a separate, labeled toothbrush, stored with bristles exposed to circulating air, and not in contact with another toothbrush.

C. Emergency medical plan

(1) The center shall have an emergency medical plan to address the following:

(a) Medical conditions under which emergency care and treatment is warranted;

(b) Steps to be followed in a medical emergency;

(c) The hospital or source of health care to be used;

(d) The method of transportation to be used; and

(e) An emergency staffing plan.

(2) Emergency information for the child shall be taken with the child to the hospital or emergency location.

(3) A staff person shall remain with the child at the hospital or emergency location until the parent arrives.

D. Medications or medical procedures

(1) Written, signed and dated parental consent is required prior to the administration of any prescription or over the counter medication or administration of special medical procedures:

(a) All medications shall be used only for the child for whom the medication is labeled;

(b) Medications shall not be given in excess of the recommended dose; and

(c) Prescribed special medical procedures ordered for a specific child shall be written, signed, and dated by a physician or other legally authorized healthcare provider.

(2) Storage of medications:

(a) All medications shall be kept in their original labeled containers and have child protective caps. The child's first and last name shall be on all medications;

(b) All medications shall be stored in a separate locked container under proper conditions of sanitation, temperature, light, and moisture; and

(c) Discontinued and expired medications shall not be used and shall be returned to the parent or disposed of in a safe manner.

(3) Medication log:

(a) For each medication that is administered by a staff person, a log shall be kept including the child's name, the name of the medication, dosage, date, time and name of person administering the medication. This information shall be logged immediately following the administration of the medication and a copy provided to the child's parent(s)/guardian(s).

(4) Medication errors:

(a) Medication errors, e.g. failure to administer a medication at the prescribed time, administering an incorrect dosage of medication or administering the wrong medication; shall be recorded in the child's record; and

(b) The parent shall be immediately notified and notified in writing of a medication error or a suspected adverse reaction to a medication.

E. First aid kit

(1) A first aid kit shall be available for the treatment of minor cuts and abrasions and shall be stored in a location inaccessible to children.

F. Diapering

(1) Each room in which children who wear diapers are cared for shall have its own diaper-changing area adjacent to the hand-washing sink.

(2) Facilities caring for infants shall provide a diaper changing area located within clear view.

(3) Diaper changing procedures shall be consistent with those recommended by the Center for Disease Control and Prevention.

(4) Diapering surfaces shall be sanitizable.

(5) Diapering surfaces shall be clean, seamless, waterproof and sanitary.

(6) Diapering surfaces shall be cleaned and sanitized after each use by washing to remove visible soil followed by wiping with an approved sanitizing solution (e.g. 1 tablespoon of chlorine bleach per 1 quart of water) and/or disposable, non absorbent paper sheets approved for this purpose and shall be discarded immediately after each diapering.

(7) Blood contaminated materials and diapers shall be discarded in a plastic bag with a secure tie. Surfaces contaminated with blood or blood-containing body fluids shall be cleaned with a solution of chlorine bleach and water.

(8) Diapering shall occur only at a diapering changing area or in a bathroom.

(9) Diaper changing areas shall not be used for any purpose other than for diapering.

(10) Individual disposable wipes shall be used at each diaper change and shall be placed in a plastic-lined, covered container and disposed of properly, and kept out the reach of children.

(11) Each waste and diaper container shall be labeled and clean and free of build-up of soil and odor. Wastewater from such cleaning operations shall be disposed of as sewage.

(12) Soiled disposable diapers and disposable wipes shall be kept in a closed, labeled hands-free operated, plastic lined receptacle within reach of diaper changing area separate from other trash. Soiled non-disposable items shall be kept in a sealed plastic bag after feces shall be disposed of through the sewage.

(13) Disposable non-absorbent paper sheets shall be disposed of immediately after diapering is completed.

(14) Soiled disposable diapers shall be disposed outside the building daily. Soiled non-disposable diapers shall be kept in a sealed plastic bag and returned to the parent daily.

(15) Staff shall check diapers and clothing at a frequency that ensures prompt changing of diapers and clothing.

(16) No child shall be left unattended while being diapered.

G. Staff health

(1) The director shall maintain the following records in the center for herself/himself, staff, and emergency person(s):

(a) Medical statements required by the Department and completed by the staff person verifying that his/her health is satisfactory. Medical statements shall be updated as necessary;

(b) A health assessment from a health care provider assessing the ability of the staff person to work with children. The health assessment shall be completed within three months prior to employment or within the first month of employment and shall include health history, physical exam, vision and hearing screening, tuberculosis screening, and a review of immunization status. A new health assessment shall be obtained by the director and staff at least every four years after the initial assessment; and

(c) Written evidence from a physician or health resource attesting that each staff person is free from communicable tuberculosis at the time of employment and subsequently according to state statute.

(2) No person who is known to be afflicted with any disease in a communicable form, or who is a known carrier of such a disease, or who is afflicted with boils, infected wounds, or sores or acute respiratory infection, shall work in any capacity in a child care center in which there is likelihood of such person transmitting disease or infection to other individuals.

(3) Any staff member, including the director, emergency person(s) and volunteer(s) who, upon examination or as a result of tests, shows a condition that could be detrimental to the children or staff, or which would prevent satisfactory performance of duties, shall not continue work at the child care center until the healthcare provider indicates that the condition no longer presents a threat to children or staff.

(4) Staff persons shall wash their hands with soap and warm running water upon arrival at the center, before preparing or serving food, before assisting a child with eating, after assisting a child with toileting or diapering, before and after toileting, after administering medication, after cleaning, after assisting with wiping noses, after contact with body fluids, after contact with animals and after using cleaning materials. Hands shall be washed even if gloves are worn to perform these tasks.

(5) Staff shall be excluded when they exhibit the conditions listed in the SC Department of Health and Environmental Control Exclusion Policy, pursuant to Section 44-1-110, 44-1-140, and 44-29-10 of the South Carolina Code Ann (2002).

H. Fire safety and emergency preparedness

(1) Private and public child care centers shall comply with the regulations and codes of the State Fire Marshal.

(2) In the event of a natural disaster or unscheduled closing of a child care center, the capacity may be exceeded temporarily to accommodate the displaced children. The director shall notify the Department of the situation and maintain appropriate staff:child ratios at all times. Required records shall be kept on file for the new enrollees.

(3) The facility shall have an up to date written plan for evacuating in case of fire, a natural disaster, or other threatening situation that may pose a health or safety hazard. The facility shall also include procedures for staff training in this emergency plan.

I. Transportation

(1) If the center provides or arranges for transportation through contract, the following transportation requirements apply:

(a) The staffing ratios specified in 114-504.B.(1) through (3) apply. The driver of the vehicle shall not be counted in the ratios for infants or toddlers.

(b) Each child shall be secured in an individual, age-appropriate safety restraint at all times the vehicle is in motion.

(c) Safety restraints shall be used in accordance with the manufacturer's instructions.

(d) A child shall not be left unattended in a vehicle.

(e) Transportation placement of children in the vehicle shall be in accordance with all applicable state and federal laws.

(f) The driver shall have a valid regular or commercial driver's license and shall be in compliance with Section 20-7-2725 (A) (4) of the Code of Laws of 1976.

(g) There shall be a first aid kit and emergency information on each child in the vehicle.

(h) Use of tobacco products is prohibited in the vehicle.

(i) Written consent from the parent is required prior to transportation.

(j) When the facility provides transportation to and from the child's home, the facility staff shall be responsible for picking the child up and returning the child to a designated location.

(k) The director and/or staff of the center shall provide the driver of the vehicle with a record that lists the name, address, and telephone number of the center, as well as names of children being transported.

(2) The following requirements apply for safe pick-up and drop-off:

(a) The center shall have safe crossways and pick-up and drop-off locations and communicate these locations to the parents.

(b) Children shall be directly supervised during boarding and exiting vehicles.

(c) The director and/or staff shall have on file, in the facility, written permission from parent(s)/guardian(s) for transporting children to and from the home, school, or other designated places, including center-planned field trips and activities.

(d) Written transportation plans for routine travel shall be on file. Plans shall include a checklist to account for the loading and unloading of children at every location.

114-506. Program.

A. Program of activities

(1) There shall be a written, planned, daily program of activities for all children.

(2) Activities shall be developmentally appropriate.

(3) Staff shall plan and provide daily age-appropriate activities in accordance with the child's developmental level, such as stories, music, art, cooking, living skills, puzzles, blocks, etc.

(4) Children shall be provided daily indoor opportunities for freedom of movement.

(5) Quiet areas with supervision shall be made available to children desiring to be alone or to work on homework.

(6) Staff persons shall provide the opportunity for the children to ask questions and engage in conversations with others. Staff shall have frequent positive verbal communications with the children.

(7) Age appropriate radio and television, VCR tapes, DVDs and other media shall be previewed by the director and staff and used only as a supplement and enhancement to the daily program. No child shall be required to view these media programs.

(8) All children shall be given the opportunity for outdoor play, weather permitting.

(9) Napping expectations and time periods shall be developmentally appropriate and meet the needs of the individual child.

B. Discipline and behavior management

(1) The facility's discipline policy shall outline methods of guidance appropriate to the ages of the children. Positive, non-violent, non-abusive methods for managing behavior shall be implemented.

(2) All teacher/caregivers shall sign a facility agreement to implement the discipline and behavior management policy, with a statement that specifies no corporal punishment shall be used except when authorized in writing by the parent(s)/guardian(s); corporal punishment shall not exceed guidelines established in Section 20-7-490(c)(1)(a) through (e) of the Code of Laws of South Carolina, 1976 amended.

(3) Emotional abuse is also prohibited, including but not limited to: profane, harsh, demeaning or humiliating language in the presence of children. Threatening, humiliating, ignoring, corrupting, terrorizing, or rejecting a child is prohibited.

(4) Withholding, forcing, or threatening to withhold or force food, sleep or toileting is prohibited.

(5) Unsupervised isolation of a child shall not be allowed. The child shall be within sight of staff if isolation from the group is used.

(6) The use of children to discipline other children is prohibited.

(7) Children shall not be restrained through drugs or mechanical restraints.

(8) Each child care center has the option to prohibit corporal punishment.

114-507. Physical Site.

A. Indoor space and conditions

(1) The director shall provide at least thirty-five (35) square feet of indoor play space per child, measured by Department staff from wall to wall. Department staff shall determine the total number of children to be cared for in each room by measuring and computing the rooms separately. Bathrooms, reception areas, isolation rooms, halls and space occupied by cupboards, shelves, furniture and equipment which are accessible to children for their use shall be allowable space. Kitchens, storage rooms, and storage cabinets used solely for or by staff shall be excluded. Halls, although included in total indoor space, shall not be used for activities or storage of furniture and equipment.

(2) Ventilation

(a) Child care areas, dining areas, kitchens, and bathrooms shall be ventilated by mechanical ventilation, such as fans or air conditioning, or at least one operable window.

(b) If freestanding fans are used, fans shall have a stable base, be equipped with protective guards and be placed in a safe location.

(c) Windows, including windows in doors, when utilized for ventilation purposes shall be securely screened to prevent the entrance of insects.

(d) Windows accessible to children under 5 years of age that are above ground level of the building shall be adjusted to limit the opening to less than 6 inches or protected with guards that do not block outdoor light.

(3) Safety glass shall be used on clear glass windows and doors that are within thirty-two inches above floor level and that are accessible to children. Decals shall be applied to all glass or sliding patio doors and placed at eye level of the children being cared for at the facility.

(4) Lighting

(a) Rooms, hallways, interior stairs, outside steps, outside doorways, porches, ramps, and fire escapes shall be lighted.

(b) At least twenty foot candles of light shall be required on all work surfaces in food preparation, equipment washing, utensil washing, hand-washing areas, and toilet rooms.

(c) Adequate, safe lighting for individual activities, for corridors, and for bathrooms shall be provided.

(5) Environmental hazards

(a) Safety barriers shall be placed around all heating and cooling sources, such as hot water pipes, fixed space heaters, wood- and coal-burning stoves, hot water heaters, and radiators, that are accessible to children to prevent accidents or injuries upon contact by the child.

(b) Knives, lighters, matches, projectile toys, tobacco products, microwave ovens, and other items that could be hazardous to children shall not be accessible to children.

(c) To prevent lead poisoning in children, child care centers shall meet applicable lead base paint requirements, as established by the South Carolina Department of Health and Environmental Control (DHEC), pursuant to South Carolina Code annotated Section 44-53-1310, et seq., and Regulation Number (61-85).

(d) Floors, walls, ceilings, windows, doors and other surfaces shall be free from hazards such as peeling paint, broken or loose parts, loose or torn flooring or carpeting, pinch and crush points, sharp edges, splinters, exposed bolts and openings that could cause head or limb entrapment.

(e) The use of sinks, equipment, and utensil-washing sinks, or food preparation sinks for the cleaning of garbage and refuse containers, mops or similar wet floor cleaning tools, and for the disposal of mop water or similar liquid waters is prohibited.

(f) Children shall not be present in the area during construction or remodeling and not in the immediate area during cleaning or in such a manner as not to create a condition that might result in an accident or cause harm to the health and safety of the children.

(g) The following items shall be secured or inaccessible to children for whom they are not age appropriate:

(i) Items that may cause strangulation such as blind cords, plastic bags, necklaces, and drawstrings on clothing and string;

(ii) Items that may cause suffocation such as sand, beanbag chairs, pillows, soft bedding, and stuffed animals; and

(iii) Items that may cause choking such as materials smaller than 1 1/4 inch in diameter, items with removable parts smaller than 1 1/4 inch in diameter, Styrofoam objects and latex balloons.

(6) Water Supply

(a) The water supply shall meet applicable requirements for water quality and testing in accordance with DHEC.

(b) The center shall have hot and cold water under pressure. (Forty PSI recommended) If an individual private well water supply is used, the director shall obtain approval pursuant to DHEC to ensure safe location, construction, and proper maintenance and operation of the system.

(c) Hot water shall be between 100 to 120 degrees Fahrenheit.

(d) Safe drinking water shall be available to children at all times and there shall be no use of common drinking cups.

(e) If a water fountain is available, it shall be of an angle-jet design, maintained in good repair and kept sanitary. There shall be no possibility of mouth or nose submersion.

(f) Ice used for any purpose shall be made from water from an approved source. The ice shall be handled and stored in a sanitary manner.

(7) Temperature

(a) Temperature shall be maintained between 68 and 80 degrees Fahrenheit as appropriate to the season while children are present in the center.

(b) When outdoor temperature exceeds 90 degrees Fahrenheit, caution shall be used when children are involved in outdoor physical activities.

(8) Sanitation

(a) Clean and sanitary conditions shall be maintained indoors and outdoors, including indoor and outdoor recreational equipment and furnishings.

(b) Measures to control insects, rodents, and other vermin shall be taken to prevent harborage, breeding, and infestation of the premises.

(c) All solid wastes shall be disposed of at sufficient frequencies and in such a manner not to create a rodent, insect, or vermin problem.

(d) Trash in diapering areas shall be kept in closed, hands-free operated, plastic lined receptacles in good repair.

(e) Trash in kitchen areas shall be kept in closed, plastic lined receptacles.

(f) Trash in children's restrooms, classrooms, and eating areas shall be kept in plastic lined receptacles.

(g) Trash receptacles outside the building, shall be watertight with firm fitting lids that prevent the penetration of insects and rodents.

(h) Trash disposal and sewage system construction and usage shall be in accordance with local standards and ordinances.

(i) The use of child care room, bathroom, or kitchen sinks for cleaning of trash receptacles or cleaning equipment is prohibited.

(9) Doors

(a) Protective gates shall be of the type that do not block emergency entrances and exits and that prevent finger pinching and head or limb entrapment.

(10) Landings, stairs, handrails, and railings

(a) Children shall not have access to a door that swings open to a descending stairwell or outside steps, unless there is a landing that is at least as wide as the doorway at the top of the stairs.

(b) Each ramp and each interior stairway and outside steps exceeding two steps shall be equipped with a secure handrail at the height appropriate for the sizes of the children at the center.

(c) Stairs shall have a nonskid surface.

(d) Each porch and deck that has over an 18-inch drop shall have a well-secured railing.

(e) Interior stairs that are not enclosed shall have a barrier to prevent falls.

(11) Electrical sources

(a) The center shall be connected with an electrical source.

(b) Electrical outlets and fixtures shall be connected to the electrical source in a manner that meets local electrical codes, as certified by an electrical code inspector. - NFPA 70 and 99 Compliance.

(c) Electrical outlets shall be securely covered with childproof covers or safety plugs when not in use in all areas accessible to children.

(d) No electrical device accessible to children shall be located so that it could be plugged into the outlet while in contact with a water source, such as sinks, tubs, shower areas, or swimming/wading pools, unless ground fault devices are utilized.

(12) Bathrooms

(a) There shall be at least one flush toilet for every 20 children over two years of age. Staff shall be included when determining availability of toilets if there are no staff rest rooms.

(b) If seat adapters are used for toilet training, they shall be cleaned and sanitized after each use.

(c) Toilet training equipment shall be provided to children who are being toilet trained.

(d) There shall be at least one sink with hot and cold running water under pressure for every 20 children over two years of age. Sinks shall be located in or near each toilet area.

(e) Toilets and sinks shall be at heights accessible to the children using them or shall be equipped with safe and sturdy platforms or steps.

(f) Privacy shall be provided for toilets used by preschool and school age children.

(g) Floor and wall surfaces in the toilet area shall have smooth, washable surfaces. Carpeting is not permitted in the toilet area.

(h) Toilets, toilet seat adapters, sinks and restrooms shall be cleaned at least daily and shall be in good repair.

(i) Liquid or granular soap and disposable towels shall be provided at each sink.

(j) Children shall not be left unattended in a bathtub or shower.

(k) Easily cleanable receptacles shall be provided for waste material. Toilet rooms used by women shall be provided with at least one covered waste receptacle.

(l) Bathroom facilities shall be completely enclosed.

B. Outdoor space

(1) The director shall provide at least seventy-five (75) square feet of outdoor play space per child. Where outdoor space is insufficient at the center, the director and/or staff may take the children outdoors in shifts or utilize parks or other outdoor play areas which meet safety requirements and which are easily accessible.

(2) The outdoor space shall be free from hazards and litter.

(3) Outdoor walkways shall be free from debris, leaves, ice, snow, and obstruction.

(4) Children shall be restricted from unsafe areas and conditions such as traffic, parking areas, ditches, and steep slopes by a fence or natural barrier that is at least four feet high.

C. Furniture, toys, and recreational equipment shall:

(1) Be clean and free from hazards such as broken or loose parts, rust or peeling paint, pinch or crush points, unstable bases, sharp edges, exposed bolts, and openings that could cause head or limb entrapment;

(2) Meet the standards of the US Consumer Products Safety Commission (CPSC), if applicable. Recalled products listed by the CPSC shall not be accessible to children;

(3) Be developmentally and size appropriate, accommodating the maximum number of children involved in an activity at any one time;

(4) The sides of playpens shall remain latched as long as a child is using the playpen. If playpens are used they shall have waterproof, washable, comfortable pads;

(5) All arts and crafts and play materials shall be nontoxic;

(6) Outdoor recreational equipment shall be made of durable, non-rusting, non-poisonous materials, and shall be sturdy;

(7) Stationary outdoor equipment shall be firmly anchored and shall not be placed on a concrete or asphalt surface. Cushioning material such as mats, wood chips or sand shall be used under climbers, slides, swings, and large pieces of equipment;

(8) Swings shall be located to minimize accidents and shall have soft and flexible seats;

(9) Cushioning material shall extend at least six (6) feet beyond the equipment and swings;

(10) Slides shall have secure guards along both sides of the ladder and placed in a shaded area;

(11) Outdoor metal equipment shall be located in shaded areas or otherwise protected from the sun;

(12) Outdoor equipment shall be arranged so that children can be seen at all times;

(13) The height of play equipment shall be developmentally and size appropriate;

(14) Sand in a sand box shall be securely covered when not in use and, if outdoors, constructed to provide for drainage;

(15) Indoor recreational equipment and furnishings shall be cleaned and disinfected when they are soiled or at least once weekly and shall be of safe construction and free of sharp edges and loose or rusty points. Indoor recreational equipment and furnishings shall be clean and shall be of safe construction and free of sharp edges and loose or rusty points; and

(16) A properly fitting bicycle helmet that is approved by American National Standards Institute, Snell Memorial Foundation, or American Society for Testing and Materials, shall be worn by each child when riding a bicycle, skateboard, roller blades, or skates. Helmets are optional for use with tricycles.

D. Rest equipment

(1) Cribs shall meet the requirements of the US Consumer Products Safety Commission (CPSC).

(2) Individual, clean, developmentally appropriate cribs, cots, or mats shall be provided for each infant, toddler and preschool child, labeled with the child's name and used only by that child.

(3) Cribs, cots, and mats shall be made of easily cleanable material.

(4) Placement of sleeping and napping equipment shall allow ready access to each child by staff.

(5) Individual, clean, appropriate coverings shall be provided.

(6) Cots and mats shall be stored so that the surface on which a child lies does not touch the floor.

E. Environmental hazards

(1) Poisons or harmful agents

(a) Poisons or harmful agents shall be kept locked, stored in the original containers, labeled and inaccessible to children.

(b) Poisons or harmful agents shall be purchased in childproof containers, if available.

(c) Play materials, including arts and crafts, shall be non-poisonous.

(d) Poisonous plants are not permitted.

(e) Pesticides shall be of a type applied by a licensed exterminator in a manner approved by the United States Environmental Protection Agency. Pesticides shall be used in strict compliance with label instructions and should not be used while children are present. Pesticide containers shall be prominently and distinctly marked or labeled for easy identification of contents and stored in a secure site accessible only to authorized staff.

(2) Water hazards

(a) Swimming pools located at the center or used by the center shall conform to the regulations of DHEC for construction, use, and maintenance.

(b) Swimming pools, stationary wading pools and other water sources such as ditches, streams, ponds, and lakes shall be made inaccessible to children by a secure fence that is at least 4 feet high; exits and entrances shall have self-closing, positive latching gates with locking devices.

(c) Children shall not be permitted in hot tubs, spas, or saunas.

(d) Children shall not be permitted to play in areas where there are swimming pools or other water sources without constant supervision.

(3) Firearms, weapons, and ammunition are not permitted in the center or on the premises without the express permission of the authorities in charge of the premises or property. This does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science.

(4) Animals: The following requirements apply in regard to animals:

(a) Healthy animals which present no apparent threat to the health and safety of the children shall be permitted, provided they are cleaned, properly housed, fed and cared for and have had required vaccinations, as appropriate. Live animals shall be excluded from areas where food for human consumption is stored, prepared or served.

(b) Animals shall not be permitted if a child in the room or area is allergic to the specific type of animal.

(c) Animal litter and waste shall not be accessible to children.

(d) Reptiles and rodents shall not be accessible to children without adult supervision.

114-508. Meal Requirements; Food Preparation and Serving; Storage and Protection of Food Supplies, Utensils and Equipment.

A. Meal requirements

(1) If food is provided by the facility, the following requirements shall be met:

(a) Daily menus shall be dated and posted in a conspicuous location in public view.

(b) Meals and snacks provided shall be in compliance with the USDA Child Care Food Program Guidelines. Centers that do not provide overnight care shall serve at least one meal and at least one snack that meet USDA Child Care Food Program Guidelines. Centers providing care between the hours of 6:00 p.m. and midnight shall additionally meet USDA Child Care Food Program Guidelines in serving dinner and at least one additional snack. Meal components and serving sizes shall be in accordance with these guidelines.

(c) Only Grade A pasteurized fluid milk and fluid milk products may be given to any child less than 24 months old, except with a written permission from the child's health provider.

(d) Whole milk may not be served to children less than 12 months of age, except with a written permission from the child's health provider.

(e) Reconstituted milk shall not be served to any child, regardless of age.

(2) Food served shall be suited to the child's age and appetite. Second portions shall be available.

(3) Round, firm foods shall not be offered to children younger than four years old. Examples of such foods include: hot dogs, grapes, hard candy, nuts, peanuts, and popcorn. Hot dogs may be served if cut lengthwise and quartered; grapes may be served if cut in halves.

(4) All food in child care centers shall be from a source approved by the health authority and shall be clean, wholesome, unspoiled, free from contamination, properly labeled, and safe for human consumption.

(5) The use of food in hermetically sealed containers that was not prepared in an approved food-processing establishment is prohibited.

(6) The use of home-canned foods is not allowed.

(7) The following requirements shall be met when it is necessary to provide meals through a catering service:

(a) Catered meals shall be obtained from a food service establishment approved by the DHEC.

(b) If adequate cleaning and sanitizing equipment is not available, only disposable eating and drinking utensils shall be used to serve catered meals or food; and

(c) The procedures and equipment used to transport catered meals shall be approved by the DHEC.

(8) Meals and snacks may be provided by the center or the parent. The center shall have a small supply of nutritional food and beverages available in the event a parent neglects to bring the child's food on an unanticipated basis.

(9) Dietary alternatives shall be available for a child who has special health needs or religious beliefs.

(10) Written permission/instructions for dietary modifications signed by the child's health care provider or parent or legal guardian are required.

B. Food preparation

(1) Adequate hand-washing facilities, separate from food preparation sinks, equipped with hot and cold water under pressure supplied through a mixing faucet, shall be provided in the food preparation area. Hot water shall be at least 125 degrees Fahrenheit. (Facilities shall not be required to install an additional hand-washing sink in the food preparation area if, in the opinion of the health authority, the existing hand-washing facilities are adequate.)

(2) Sanitary soap and towels shall be provided.

(3) Utensils, such as forks, knives, tongs, spoons, and scoops shall be provided and used to minimize handling of food in all food preparation areas.

(4) Staff shall thoroughly wash their hands and exposed areas of arms with soap and warm water in an approved hand-washing sink before starting work, during work as often as is necessary to keep them clean, e.g., after smoking, eating, drinking, or using the toilet. Staff shall keep their fingernails clean and trimmed.

(5) The outer clothing of all staff shall be clean. The director shall ensure proper hair restraints are worn to protect from falling hair.

(6) Staff shall neither use tobacco in any form while preparing or serving food, nor while in areas used for equipment or utensil washing or for food preparation. Staff shall use tobacco only in approved, designated areas.

(7) Potentially hazardous foods requiring cooking shall be cooked to heat all parts of the food to an internal temperature of at least 140 degrees Fahrenheit, with the following exceptions:

(a) Hamburger shall be cooked to at least 155 degrees Fahrenheit.

(b) Poultry, poultry stuffing, stuffed meats, and stuffing-containing meat shall be cooked to heat all parts of the food to at least 165 degrees Fahrenheit with no interruption of the cooking process.

(c) Pork and any food containing pork shall be cooked to heat all parts of the food to at least 150 degrees Fahrenheit.

(d) Rare roast beef and rare beefsteak shall be cooked to surface temperature of at least 130 degrees Fahrenheit.

(8) Potentially hazardous food such as meats, cooked rice, and cream-filled pastries shall be prepared (preferably from chilled products) with a minimum of manual contact and on surfaces with utensils that are clean and sanitized prior to use.

(9) Metal, stem-type, numerically-scaled indicating thermometers, accurate to plus or minus three degrees Fahrenheit, shall be provided and used to ensure that proper internal cooking, holding, or refrigeration temperatures of all potentially hazardous foods are maintained.

(10) Potentially hazardous foods shall be thawed as follows:

(a) In refrigerated units at a temperature not to exceed 45 degrees Fahrenheit;

(b) Under potable running water from the cold water supply with sufficient water velocity to remove loose food particles;

(c) In a microwave oven only when food will be immediately transferred to conventional cooking equipment as part of a continuous cooking process or when the entire, uninterrupted cooking process takes place in the microwave oven; or

(d) As part of the conventional cooking process.

(11) All raw fruits and vegetables shall be washed thoroughly before being cooked, served, or placed in refrigerators.

C. Food service

(1) No child shall be deprived of a meal or snack if he/she is in attendance at the time the meal or snack is served.

(2) Easily breakable dinnerware shall not be used.

(3) Children shall not be forced to eat.

(4) Food shall not be used as a punishment.

(5) Children shall not be allowed in the kitchen except during supervised activities.

(6) Portions of food once served shall not be served again.

(7) Single-service articles shall be stored in closed cartons or containers to protect them from contamination.

(8) Use of "common drinking cups" is prohibited.

(9) Disposable cups, if used, shall be handled and stored properly to prevent contamination.

(10) Reuse of single service articles is prohibited.

(11) If potentially hazardous foods that have been cooked and then refrigerated are to be served hot, they shall be reheated rapidly to 165 degrees Fahrenheit or higher throughout before being served or before being placed in a hot food-storage facility. Steam tables, double boilers, warmers, and similar hot food holding facilities are prohibited from use for the rapid reheating of potentially hazardous foods.

D. Storage

(1) All food shall be properly labeled and stored, and shall be protected against contamination.

(2) The director shall provide refrigeration units and insulated facilities, as needed, to ensure that all potentially hazardous foods are maintained at 45 degrees Fahrenheit or below or 130 degrees Fahrenheit or above, except during necessary periods of preparation.

(3) Thermometers shall be accurate to plus or minus 3 degrees and conspicuously placed in the warmest area of all cooling and warming units to ensure proper temperatures.

(4) Containers of food, food preparation equipment and single service articles shall be stored at least 6"' above the floor, on clean surfaces, and in such a manner to be protected from splash and other contamination.

(5) Food not subject to further washing or cooking before serving shall be stored in such a manner to be protected against contamination from food requiring washing or cooking.

(6) The storage of food or food equipment, utensils, or single-service articles in toilet rooms and under exposed sewer lines is prohibited.

(7) Custards, cream fillings, or similar products which are prepared by hot or cold processes shall be kept at safe temperatures except during necessary periods of preparation and service.

(8) All cleaning supplies, detergents, and other potentially poisonous items shall be stored away from food items and shall be inaccessible to children.

E. Cleaning, storage, and handling of utensils and equipment

(1) Tableware shall be washed, rinsed, and sanitized after each use.

(2) All kitchenware and food-contact surfaces of equipment shall be washed, rinsed, and sanitized.

(3) The cooking surfaces of cooking devices shall be cleaned as often as necessary and shall be free of encrusted grease deposits and other soil.

(4) Non-food contact surfaces of all equipment, including tables, counters, and shelves, shall be cleaned at such frequency as is necessary to be free of accumulation of dust, dirt, food particles, and other debris.

(5) After sanitation, all equipment and utensils shall be air-dried.

(6) Prior to washing, all equipment and utensils shall be rinsed or scraped, and when necessary, presoaked to remove gross food particles and soil.

(7) When manual dishwashing is employed, equipment and utensils shall be thoroughly washed in a detergent solution that is kept reasonably clean, be rinsed thoroughly of such solution, sanitized by one of the following methods:

(a) Complete immersion for at least 30 seconds in a clean solution containing at least 50 parts per million of available chlorine as a hypochlorite and at a temperature of at least 75 degrees Fahrenheit;

(b) Complete immersion for at least 30 seconds in a clean solution containing at least 12.5 parts per million of available iodine and having a pH no higher than 5.0 and at a temperature of at least 75 degrees Fahrenheit;

(c) Complete immersion for at least 30 seconds in a clean solution containing at least 200 parts per million of quaternary ammonium at a temperature of at least 75 degrees Fahrenheit; or

(d) Complete immersion in hot water at a temperature of 170 degrees Fahrenheit in a three-compartment sink.

(8) Other chemical sanitizing agents may be used which have been demonstrated to the satisfaction of the health authority to be effective and non-toxic under use conditions, and for which suitable field tests are available. Such sanitizing agents, in use solution, shall provide the equivalent bactericidal effect for a solution containing at least 50 parts per million of available chlorine at a temperature not less than 75 degrees Fahrenheit.

(9) A test kit or other device that accurately measures the parts per million concentration of the solution shall be available and used.

(10) All dishwashing machines shall be approved by the South Carolina Department of Health and Environmental Control (DHEC) and shall meet applicable installation requirements.

(11) Food-contact surfaces of cleaned and sanitized equipment and utensils shall be handled in such a manner as to be protected from contamination.

(12) Cleaned and sanitized utensils shall be stored above the floor in a clean, dry location so that food-contact surfaces are protected from contamination.

(13) Clean spoons, knives, and forks shall be picked up and touched only by their handles. Clean cups, glasses, and bowls shall be handled so that fingers and thumbs do not contact inside surfaces or lip-contact surfaces.

(14) Dish tables or drain boards of adequate size to properly handle soiled utensils prior to washing and for cleaned utensils following rinsing and sanitizing shall be provided.

114-509. Infant and Toddler Care, Care for Mildly Ill Children, and Night Care.

A. Infant and toddler care

(1) Stimulation and nurturing

(a) Children shall not remain in their cribs or play equipment for other than sleeping and specific, short time-limited quiet play.

(b) Infants and toddlers shall be routinely held, talked to, rocked, caressed, carried, nurtured, read to, sung to and played with throughout the day.

(c) There shall be toys and materials that encourage and stimulate children through seeing, feeling, hearing, smelling and tasting.

(2) Programs for infants and toddlers

(a) Staff shall provide appropriate attention to the needs of children.

(b) The daily program for infants and toddlers shall include goals for children, which promote healthy child development and allow for individual choice and exploration.

(c) Information about the child's daily needs and activities shall be shared with parents.

(3) Feeding, eating and drinking

(a) Cups and bottles shall be labeled with the child's name and used only by that child.

(b) Infants shall be fed in accordance with the time schedule, specific food and beverage items and quantities as specified by the parent.

(c) Infants shall be held while being bottle fed until they are able to hold their own bottles. Bottles shall not be propped or given in cribs or on mats.

(d) Due to nutritional concerns, the microwaving of breast milk is prohibited. The microwaving of formula and other beverages is strongly discouraged due to the possibility of a burn injury to the child. However, if the facility plans to use this method of heating formula and other beverages, they must notify all parents in writing as part of the enrollment or orientation process.

(e) All warmed bottles shall be shaken well and the temperature tested before feeding to a child.

(f) Baby formula, juice, and food served in a bottle shall be prepared, ready to feed, identified, and packaged for single use for the appropriate user. Any excess formula, juice, or food shall be discarded after each feeding. Formula, juice and food requiring refrigeration shall be maintained at 45 degrees Fahrenheit or below.

(g) Infants and toddlers shall not sleep with bottles in their mouths.

(h) Toddlers shall be offered water routinely throughout the day.

(i) Breast milk and formula shall be dated and labeled with the child's name and refrigerated until ready to use.

(j) Food for infants shall be cut in pieces one-quarter inch or less.

(k) Food for toddlers shall be cut in pieces one-half inch or less.

(4) Feeding chairs

(a) Feeding chairs shall have a stable base.

(b) Feeding chairs shall have a T-shaped safety strap that prevents the child from slipping or climbing out of the chair. The safety strap shall be used at all times the child is in the chair.

(c) Feeding chair trays shall be in good repair and made of an easily cleanable surface and shall not have chips or cracks.

(d) Feeding chairs shall be used only for eating or a specific, short time-limited tabletop play activity.

(e) Seat heights of feeding chairs shall be appropriate to the age and development of the child. Feeding chairs shall be in good repair and children shall be constantly supervised.

(5) Sleeping

(a) Infants shall be placed on their backs to sleep unless the parent provides a note from a physician specifying otherwise.

(b) Crib mobiles shall not be permitted for infants or toddlers who can sit.

(c) Cribs shall be spaced so that there is at least three feet of space on two sides of the crib. Cribs shall not be placed next to each other so that one child may reach into the other child's crib.

(d) Two years from the effective date of these regulations, stacked cribs will no longer be permitted.

(6) Equipment and materials

(a) The infant and toddler room shall have chairs for staff persons to sit while holding and feeding children.

(b) Indoor space shall be protected from general walkways where crawling children may be on the floor.

(c) Mobile walkers are not permitted.

B. Care for mildly ill children

(1) Parent notification and instructions

(a) If a child becomes ill while in care, the center shall notify the parent or responsible party immediately.

(b) If a child may have been exposed to a serious communicable disease that is spread through casual contact, the center shall notify the parents of all potentially exposed children about the nature of the illness and the potential exposure to the illness, and recommend consultation with the child's physician.

(c) If a center chooses to provide care to a mildly ill child, the center shall receive instructions from the parent for any special care needs of the child.

(2) Policies and procedures

(a) If a center chooses to provide care to a mildly ill child, the center shall have written policies and procedures specifying inclusion and exclusion from the group, communication with parents, recording of illness and care provided, specific types of illnesses and symptoms which prohibit care from being provided, special staff training required and emergency health procedures.

(b) Children shall be excluded when they exhibit the conditions listed in the South Carolina Department of Health and Environmental Control Exclusion Policy, State Law 1976, Code Section 44-1-110, 44-1-140, and 44-29-10.

(c) If a child is in a rest area due to illness, the child shall be directly supervised at all times.

(d) A hand-washing sink shall be in close proximity to the area designated for mildly ill children.

C. Night care

(1) Requirements for staffing ratios:

(a) Staff counted in the staffing ratios shall be awake, alert and attentive to the children at all times.

(b) The supervision and ratio requirements for sleeping hours are the same as specified for napping in 114-504.C.

(2) An unannounced emergency drill shall be held during sleeping hours at least every 60 days.

(3) Sleeping equipment

(a) Each child shall have a bed with a solid foundation, a fire retardant mattress, a pillow, and bedding appropriate for the temperature of the center.

(b) Cots and portable beds are not permitted.

(4) Bedtime

(a) Children shall be provided the opportunity to read or be read to before bedtime.

(b) There shall be books, games, and other quiet time activities for the child prior to bedtime.

(c) Special bedtime routines as specified by the parent shall be followed to the extent feasible.

(5) Bathing

(a) If children bathe at the center, there shall be one bathtub or shower with a slip resistant surface for every ten children.

(b) Each child shall have his or her own clean towel and washcloth.

(6) Night clothes

(a) The center shall make arrangements with the parent to provide clean, appropriate night clothes.

REGULATIONS FOR THE LICENSING OF GROUP CHILD CARE HOMES

114-510. General Provisions.

A. Purpose

(1) The purpose of these regulations is to establish standards that protect the health, safety and well being of children receiving care in child care facilities, through the formulation, application, and enforcement of these regulations.

B. Applicability

(1) These regulations apply to group child care homes as defined in section 114-511A(9) relating to definitions.

(2) These regulations apply equally to profit, not for profit and private child care homes.

(3) These regulations do not apply to the following:

(a) Educational facilities, whether private or public, which operate solely for educational purposes in grade one or above;

(b) Five-year-old kindergarten programs;

(c) Kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age;

(d) Facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available; however, these facilities must meet local fire and sanitation requirements and maintain documentation of these requirements on file at the facility available for public inspection;

(e) School vacation or school holiday day camps for children operating in distinct sessions running less than three weeks per session, unless the day camp permits children to enroll in successive sessions so that their total attendance may exceed three consecutive weeks;

(f) Summer resident camps for children;

(g) Bible schools normally conducted during vacation periods;

(h) Facilities for the mentally retarded provided in Chapter 21, Title 44;

(i) Facilities for the mentally ill as provided for in Chapter 17, Title 44; and

(j) Child care centers owned and operated by a local church congregation or an established religious denomination or a religious college or university which does not receive state or federal financial assistance for child care services; however, these facilities must comply with the provisions of Sections 20-7-2900 through 20-7-2975 and that these facilities voluntarily may elect to become licensed according to the process as set forth in Sections 20-7-2700 through 20-7-2780 and Sections 20-7-2980 through 20-7-3090.

C. Access to and within the group child care home, and physical site accommodations and equipment, shall be provided for children with disabilities to meet their health and safety needs in accordance with applicable state and federal laws.

114-511. Definitions.

A. Terms used in South Carolina Regulations, Chapter 114, Article 5, Part A, shall be all definitions cited in Section 20-7-2700 et seq., Code of Laws of South Carolina in addition to the definitions that follow:

(1) Applicant: A person 21 years of age or older, who has completed, signed and submitted a Department of Social Services application form and other requirements to the Department in order to obtain a group child care license.

(2) Blood-Borne Pathogens: Pathogenic microorganisms that are present in human blood that can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).

(3) Central Registry of Child Abuse and Neglect: An automated, computerized listing, maintained by the Department of Social Services containing the names(s), address(es), birth date(s), identifying characteristics and other information about individual(s) who have been listed on the registry due to the determination of perpetrating abuse or neglect upon a child.

(4) Child: An individual, from birth through 15 years of age (chronologically), receiving care in a child care facility; or up to 18 years of age if the child qualifies as special needs.

(5) Complaint: Statement(s) reporting unsatisfactory conditions in a child care facility.

(6) Complete Application: An application is complete on the date of receipt of the last document required by the Department in order to issue a license.

(7) Department: Refers to the Department of Social Services.

(8) Emergency Person: An individual 18 years of age or older, not regularly employed by the group child care home who is immediately available to serve as staff in emergency situations. This person shall meet all requirements of an employed teacher/caregiver, with the exception of training.

(9) Group Child Care Home: A residence occupied by the operator in which he/she regularly provide child care for at least seven but not more than twelve children, unattended by a parent or a legal guardian including those children living in the home and children received for child care who are related to the resident teacher/caregiver. However, an occupied residence in which child care is provided only for a child or children related to the resident teacher/caregiver or only for the child or children of one unrelated family or only for a combination of these children is not a group child care home.

(10) Infant: A child under 12 months of age.

(11) License: A written notice issued by the Department to a private facility approving the commencement of operations of a group child care home.

(12) Lifeguard: A person having the qualifications of and possessing a current American Red Cross, YMCA, or equivalent Lifeguard Certificate, current First Aid Certificate and current CPR (which includes adult, child, and infant) Certificate.

(13) Operator: The person held legally responsible for the group child care home operation.

(14) Parent: The biological or adoptive mother or father, the legal guardian of the child or the individual agency with custody of the child.

(15) Preschool Child: A child 3 or 4 years of age or older but not yet eligible for public kindergarten.

(16) Provisional License: A license issued by the Department to an operator when the operator is temporarily unable to comply with all the requirements for a license.

(17) Regular License: A license issued by the Department for two years to a operator showing that the licensee is in compliance with the regulations of the Department at the time of issuance and authorizing the licensee to operate in accordance with the regulations of the Department.

(18) Renewal: To grant an extension of a regular registration.

(19) Revocation: To void the regular license of a child care facility.

(20) School-Aged Child: A child at least old enough to enroll in public kindergarten.

(21) Sex Offender Registry: A statewide computerized listing of names and other identifying information on convicted sex offenders maintained and updated by the State Law Enforcement Division (SLED) and authorized by Section 23-3-400 et. Seq., Code of Laws of South Carolina, 1976, as amended.

(22) Staff: Full-time and part-time management, administrative, teaching/caregiving, program, maintenance, food service and service personnel; emergency and substitute personnel; supervised students; supervised student teachers and supervised volunteers.

(23) Supervision: Care provided to an individual child or a group of children. Adequate supervision requires staff awareness of and responsibility for the ongoing activity of each child, knowledge of activity requirements and children's needs and accountability for their care. Adequate supervision also requires the operator, and/or staff being near and having ready access to children in order to intervene when needed. Supervision requires adequate staff to meet staff:child ratios, being in the room at all times or on the playground at all times when children are present.

(24) Teacher/Caregiver: Any persons whose duties include direct care, supervision and guidance of children in a child care facility.

(25) Toddler: A child 12 months of age or older, but younger than 24 months of age.

(26) Training: Participation by child care home staff, in workshops, conferences, educational or provider associations, formal schooling, in-service training, or planned learning opportunities provided by qualified individuals. Training shall be age appropriate for the child population served by the group child care home and in such subject areas related to: child care, child growth and development and/or early childhood education, nutrition, infection control/communicable disease management and causes, health and safety, signs and treatment of child abuse and/or neglect and shall include alternatives to corporal punishment. Training for operators may also be in areas related to supervision of child care staff or program administration.

(27) Two-year olds: A child 24 months of age or older but younger than three years of age.

(28) Volunteer: An individual parent, grandparent, other professional or skilled individual artist or crafts person at least 16 years of age infrequently assisting with the daily activities for children in a child care center who provides services without compensation and who is supervised by staff at all times when providing direct care to children. An individual meeting this definition is not required to undergo a fingerprint background check or health screening and is not counted in staff:child ratios.

114-512. Procedures.

A. Licensing

(1) Any person, corporation, partnership, voluntary association or other organization, whether private or public, may secure information about the licensing process by contacting staff of the State or Regional Child Care Licensing Office.

(2) An application for a license shall be completed on appropriate Department forms and shall be signed by the operator. The Department representative shall provide the applicant with the required number of forms, a copy of current group child care home regulations, a copy of Section 20-7-2700 et seq., Code of Laws of South Carolina (1976), and a copy of Sections of the Children's Code related to child abuse and neglect with an explanation of procedures and information required by the Department. The Department representative shall request in writing that health and fire officials make inspections of the home.

(3) After giving the applicant at least two working days notice, Department staff shall arrange a licensing study during an on-site visit to the proposed group child care home to determine compliance with applicable regulations.

(4) Health and fire officials shall inspect the group child care home to determine compliance with appropriate regulations and shall put in writing on appropriate forms the results of their inspections.

(5) The Department shall review the completed application form, completed licensing inspection report, completed health and fire inspection reports, current child abuse and criminal history background records checks, written policies and other information specified by the Department to make a determination of issuance or non-issuance of a license and shall take one of the following actions:

(a) Issue a regular license if all the provisions of the regulations and statute for the operation of a group child care home have been met;

(b) Issue a provisional license with an accompanying correction notice if one or more violations have been cited which do not seriously threaten the health, safety or well-being of children; or

(c) Deny the issuance of a license if one or more violations seriously threaten the health, safety, or well being of the children.

(6) Failure of Department staff, except as provided by statute, to approve or deny any complete application within ninety days shall result in the granting of a provisional license.

(7) If a license is issued, the Department staff shall mail the license directly to the operator.

(8) The license shall state clearly the name of the operator, the address and type of child care facility, the date on which the license was issued and will expire, and the maximum number of children to be present in the group child care home at any one time.

(9) Department staff shall notify the operator as follows if a provisional license is issued or an application for a license is denied:

(a) If a provisional license is issued, the Department shall notify the operator in writing of violations to be corrected. The violations shall be cited by regulation number and shall include a form issued by the Department for the operator to complete a written plan to correct each violation as approved by the Department; or

(b) If a license is denied, the Department shall give the applicant written notice by certified mail indicating the reason(s) for the denial or suspension and inform the operator of the right to appeal the decision through administrative channels to the Department and according to established appeals procedure for the Department. Upon appeal, the decision of the Department is final unless appealed by a party pursuant to an Administrative Law Judge.

(10) If a group child care home is found to be in operation after the Department has denied the application for the license and the administrative appeal/review procedure has been completed, the Department shall notify the Department's Office of General Counsel.

B. Provisions of the license

(1) A regular license issued by the Department to the group child care home shall be valid for two years from date of issuance, unless revoked by the Department or voluntarily surrendered by the operator; provided however, that a change in location, ownership or sponsorship of the group child care home shall automatically void the license.

(2) A provisional license issued by the Department to a group child care home shall be issued for a period within which the deficiencies shall be corrected, and within the conditions permitted by statute.

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

(4) An application for a license may be denied or the license may be revoked by the Department if the operator and any staff member, volunteer(s) or emergency person(s) has been determined to have abused or neglected any child as defined in Section 20-7-490B, S.C. Code of Laws, 1976 as amended.

C. Inspection and consultation

(1) Department staff may visit and inspect a group child care home at anytime during the hours of operation without prior notice to verify regulatory compliance.

(2) Department staff shall provide at least two working days notice to the operator prior to conducting an initial or renewal inspection.

(3) The operator and staff shall cooperate with the investigation and related inspections by providing access to the physical plant, records, excluding financial records, and staff.

(4) The Department has the right to interview staff and parents relating to regulatory compliance.

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

(6) The operator may request consultation from the Department. Department staff shall provide technical assistance to the operator as requested.

D. Reasons for license denial, revocation, or non-renewal

(1) A license may be denied, revoked or not renewed by the Department if the operator or teacher/caregiver has been determined to have abused or neglected any child as defined in Section 20-7-490B, S.C. Code of Laws, 1976 as amended.

(2) A license may be denied, revoked or non-renewed by the Department if cited deficiencies threaten serious harm to the health and/or safety of the children.

E. Reporting of changes affecting license

(1) The operator shall immediately report to the Department when an occurrence takes place that may affect the status of the license including the following:

(a) Change in operator;

(b) Change in location; and

(c) Major renovations or alterations to the home.

F. License renewal

(1) One hundred and twenty (120) days prior to the expiration date of the current license, Department staff shall notify the operator in writing of the time and requirements for renewal and shall request health and fire inspections.

(2) The same Department actions cited in 114-512A(2-10), above are applicable to the renewal process, except that the Department shall initiate the license renewal process one hundred and twenty (120) days in advance.

114-513. Management, Administration, and Staffing.

A. Display of license

(1) The group child care home shall display the current license, as well as any violations in a prominent public place in the group child care home. The back of the license shall be displayed if deficiencies are listed.

(2) When advertising or issuing other public notifications of the service provided, the official license number issued by the Department shall be included.

B. Capacity

(1) No group child care home shall have present at any one time children in excess of the number for which it is licensed.

C. Child abuse

(1) The group child care home shall immediately report suspected child abuse or child neglect to the Department's Office of Child Protective and Preventive Services (CPS) or to local law enforcement in accordance with South Carolina Code Annotated Section 20-7-510.

(2) The operator and staff shall cooperate with Department staff during an investigation of child abuse or neglect. Cooperation shall include the following:

(a) Participate in informational conferences with CPS staff;

(b) Release records as appropriate, of children and staff upon request; and

(c) Allow access to the group child care home for inspection and investigation of the child abuse allegation by the Department and other officials as permitted by statute.

D. Reporting of incidents

(1) The operator shall report the following incidents to the parents/guardians immediately and provide written notification to the Department within 48 hours after the occurrence:

(a) Accidents or injuries involving any child occurring at the group child care home requiring professional medical treatment; and

(b) Child or staff occurrences of communicable diseases that the Department of Health and Environmental Control (DHEC) requires to be reported in its Exclusion List.

(2) The following incidents shall be reported to the Department immediately:

(a) A death of a child that occurs at the group child care home;

(b) A child who is missing from the premises or who is left unattended in a vehicle operated by the group child care home;

(c) Major structural damage to the group child care home;

(d) Natural or man-made disasters, including fire or extreme weather conditions, which cause the group child care home to be closed for more than one day of scheduled operation;

(e) An occurrence that requires the services of a fire or police department, which affects the health and safety of children;

(f) Charges or convictions of crimes against the operator or any staff person; or

(g) Reports of alleged child abuse involving the operator or any staff person.

(3) A follow-up report shall be submitted to the Department as soon as an investigation of the group child care home is completed and corrective action is taken.

(4) Parents should be notified if a legal or health issue occurs which impacts the health and safety of his/her child. This notification should occur at the time of pick-up or on the next day the child is in care.

E. Death of a child

(1) If the child dies while at the group child care home, the following shall be done:

(a) Immediately notify emergency medical personnel, the child's parents, and law enforcement;

(b) Immediately notify the licensing agency; and

(c) Provide information for children and parents as appropriate.

F. Parent access and communication

(1) The operator shall permit the parent of a child in care free and full access to his or her child without prior notice, while their child is receiving care, unless there is a court order limiting parental access. This free access must not disrupt instructional activities and classroom routines.

(2) The operator shall develop a policy for the release of children, which includes a security system to prevent the inappropriate release of a child to an unauthorized person. This policy shall be communicated with the parent upon admission.

(3) Parents shall be provided with the following information upon admission:

(a) The right of parents to free and full access to their child in accordance with 114-513F(1);

(b) The policy and procedures on release of children specified in 114-513F(2);

(c) The program activity schedule for their child's age group and child care area;

(d) The parent's responsibility to obtain necessary immunizations and physical examinations for their child;

(e) The policy and procedures for the administration of medications; and

(f) The policy and practices regarding the discipline and behavior management of children. This statement shall be re-signed if any discipline policy changes are made.

(4) Parents and staff shall sign and date an agreement, maintained on file and updated annually, that both parties have read and understand all policies relating to the operation of the group child care home.

G. Child records

(1) The operator shall keep a separate record for each child.

(2) The file shall be kept in a confidential manner, but shall be immediately available to the Department, the child's teacher/caregiver, parent, or guardian upon request.

(3) Access to records is limited to the above unless requested by court order.

(4) Entries in a child's record shall be legible, dated and signed by the individual making the entry.

(5) A child's record shall be maintained on file at the group child care home and made available to the Department upon request, and it shall contain the following:

(a) Child's full legal name, nickname, birth date, date of enrollment, current home address and home telephone number;

(b) Full name of both parent(s)/guardian(s), work and home telephone numbers, or telephone number(s) where they can be reached during the time the child is in the group child care home;

(c) Name(s), address(es) and telephone number(s) of person(s) who can assume responsibility for the child in an emergency if the parent(s)/guardian(s) cannot be reached;

(d) Name, address and telephone number of family physician or health resource;

(e) Name(s), address(es) and verification of identification, such as valid driver's license, other picture identification or personal family code word of person(s) authorized to take the child from the group child care home;

(f) Accurate records of daily attendance for each child;

(g) Authorization from parent(s)/guardian(s) for child to obtain emergency medical treatment;

(h) Authorization from parent(s)/guardian(s) for child to be transported to and from the group child care home during field trips and other activities away from the group child care home;

(i) Authorization from parent(s)/guardian(s) for child to participate in swimming activities; and

(j) A written statement, signed by the parents, acknowledging their understanding and acceptance of the disciplinary policies of the group child care home.

(6) A health record shall be maintained in the group child care home for each child enrolled, and it shall include all of the following information:

(a) A signed statement of the child's health prior to admission to the group child care home on the appropriate Department of Social Services (DSS) Form;

(b) A current South Carolina Certificate of Immunization; and

(c) Other health information if deemed necessary by the operator of the group child care home and/or by parent(s)/guardian(s).

(7) Emergency information for each child shall be easily and immediately accessible while at the group child care home, during transportation, and during any trips away from the premises, and it shall include the following:

(a) The full name of both parents/guardian, and updated address, work, home and mobile numbers where they can be reached during the time the child is in the group child care home;

(b) The name, address, telephone number and relationship of at least two individuals designated by the parents/guardian to be contacted in an emergency and who have the authority to obtain emergency medical treatment for the child;

(c) The name, address and telephone number of the child's physician, and the emergency care medical and dental care provider; and

(d) Health insurance information.

(8) Emergency information shall be updated by the parent as changes occur.

H. Staff records shall include the following:

(1) Names, positions and hours of duty of staff members;

(2) Written policies that refer to or apply to DSS licensing regulations;

(3) Three letters of reference for the group child care home operator;

(4) Criminal history background records check forms for the operator, staff, emergency person(s) and volunteer(s) not meeting the definition at 114-511A(28);

(5) Record of training for operator and staff; and

(6) Written statements signed by all staff members regarding disciplinary policies of the group child care home.

(7) The operator shall maintain health records in the group child care home for himself/herself, staff, emergency person(s) and volunteer(s) in accordance with 114-515G(1)(a) and (b).

I. Confidentiality and applicable laws and regulations

(1) The group child care home shall have written policy to safeguard the confidentiality of all records.

(2) A child's record, emergency information, photograph and other information about the child or family and information that may identify a child by name or address is confidential and may not be copied, posted on a web site or disclosed to unauthorized persons, without written consent from the child's parent.

(3) The group child care home shall comply with all applicable federal, state and local laws, regulations and ordinances.

(4) The operator shall make available at least one copy of Section 20-7-2700 et seq., Code of Laws of South Carolina, a copy of sections of the Children's Code related to child abuse and neglect and a copy of the current regulations for group child care homes that will be provided by the Department.

J. Communication

(1) The group child care home shall have an operable telephone with an outside line that is accessible to staff persons in emergencies.

(2) Emergency telephone numbers for the police, fire department, ambulance service and poison control center shall be posted by each telephone.

K. Staffing

(1) Child abuse checks.

(a) The operator and staff members shall not have been determined to have committed an act of child abuse or neglect or have been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, any crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency or for the Crime of Contributing to the Delinquency of a Minor in Section 16-17-490.

(b) A check of the South Carolina Central Registry of Child Abuse and Neglect shall be requested by the operator(s) on each staff person, except for volunteers in accordance with the following time lines:

(i) For the operator prior to the initial issuance of a regular or provisional license.

(ii) For teacher/caregivers, prior to working alone with children.

(iii) For all other staff persons (including the emergency person) prior to employment.

(iv) For all persons hired by the group child care home at each license renewal.

(c) No group child care home shall employ or retain an individual who has been determined to have committed an act of child abuse or neglect.

(2) Background criminal history checks.

(a) To be employed by or to provide teacher/caregiver services at a group child care home, a person shall first undergo a State fingerprint review from the State Law Enforcement Division (SLED).

(b) A person may be provisionally employed or may provisionally provide teacher/caregiver services after the favorable completion of the state fingerprint review. The Federal Bureau of Investigation (FBI) fingerprints shall be submitted for review within 14 business days upon receiving the SLED results. Upon the completed FBI review, the results will be forwarded to the appropriate Department for distribution.

(c) No group child care home may employ a person, engage the services of, or knowingly allow a person in the child care facility during normal hours of operation who is required to register under the sex offender registry act pursuant to Section 23-3-430 or who has been convicted of:

(i) A crime listed in Chapter 3 of Title 16, Offenses Against the Person;

(ii) A crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;

(iii) The crime of contributing to the delinquency of a minor, contained in Section 16-17-490;

(iv) The felonies classified A through F in SC Code of Laws Chapter 1 of Title 16 at Section 16-1-10A;

(v) The offenses enumerated in Chapter 1 of Title 16 at Section 16-1-10D; or

(vi) A criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.

(d) The results of the fingerprint reviews are valid and reviews are not required to be repeated as long as the person remains employed by or continues providing teacher/caregiver services in a child care facility; however, if a person has a break in service of one year or longer, the fingerprint reviews shall be repeated.

(e) Copies of State and Federal fingerprint results shall be retained in the staff file and available for review by Department staff, upon request.

(3) Operator and primary caregiver.

(a) The operator or primary caregiver shall be responsible for the following:

(i) Administration and management of the group child care home;

(ii) Safety and protection of the children;

(iii) Development and implementation of policies and procedures;

(iv) Communication with parents about the policies and procedures of the group child care home;

(v) Teacher/caregiver hiring, supervision and ongoing professional development; and

(vi) Compliance with all applicable laws and regulations of the group child care home.

(b) The operator or the primary caregiver shall be physically present on-site during the hours of operation of the group child care home.

(c) The operator shall be at least 21 years of age and meet one of the following qualifications:

(i) A bachelor's degree or advanced degree from a state-approved college or university in early childhood education, child development, child psychology or a related field that includes at least eighteen credit hours in child development and/or early childhood education;

(ii) A bachelor's degree from a state-approved college or university in any subject area, six months experience working with children in a licensed, approved or registered child care facility;

(iii) An associate's degree from a state-approved college or university in early childhood education, child development, child psychology or a related field, that includes at least eighteen credit hours in child development and/or early childhood education with six months work experience in a licensed, approved or registered child care facility;

(iv) A diploma in child development/early childhood education from a state-approved institution or a child development associate (CDA) credential, and one year work experience in a licensed, approved or registered child care facility; or

(v) A high school diploma or General Educational Development Certificate (GED) with 3 years experience in a licensed, approved or registered child care facility. One year shall include supervision of child care staff. However, a operator or primary caregiver who is prevented from obtaining a high school diploma or GED because of a disability, and who otherwise is qualified to perform the essential functions of the position, must have at least a high school Certificate of Completion and at least six months experience as a teacher/caregiver in a licensed, approved or registered child care facility.

(4) Teacher(s)/caregiver(s).

(a) Teacher(s)/caregiver(s)shall meet the following qualifications:

(i) Be at least 18 years of age, and able to read and write.

(ii) A teacher/caregiver who began employment in a licensed or approved child care facility in South Carolina after June 30, 1994, must have at least a high school diploma or GED and at least six months experience as a teacher/caregiver in a licensed or approved child care facility. However, a teacher/caregiver who is prevented from obtaining a high school diploma or GED because of a disability, and who otherwise is qualified to perform the essential functions of the position of teacher/caregiver, must have at least a high school Certificate of Completion and at least six months experience as a teacher/caregiver in a licensed or approved child care facility. If a teacher/caregiver does not meet the experience requirements, the teacher/caregiver must be directly supervised for six months by a staff person with at least one-year experience as a teacher/caregiver in a licensed or approved child care facility. Within six months of being employed, a teacher/caregiver must have six clock hours of training in child growth and development and early childhood education or shall continue to be under the direct supervision of a teacher/caregiver who has at least one year of experience as a teacher/caregiver in a licensed or approved child care facility.

(iii) A teacher/caregiver who has two years experience as a teacher/caregiver in a licensed or approved facility and was employed as of July 1, 1994, in a licensed or approved child care facility in South Carolina is exempt from the high school diploma, GED, and Certificate of Completion requirements of (b) above.

(iv) A teacher/caregiver with an undergraduate degree from a state approved college or university in early childhood, child development, or a related field may begin working with the children immediately without additional supervision.

(b) Exception: A teacher/caregiver/teacher may be 16 or 17 years of age if he/she is continuously supervised by a qualified teacher/caregiver who is in the room at all times.

(c) Exception: Staff persons who were employed prior to the effective date of these revised regulations are not required to meet the staff qualifications specified in this chapter if the staff qualifications required in the prior regulations are met. If a teacher/caregiver has had more than a twelve-month break in service, the new guidelines shall be met for re-employment as a teacher/caregiver.

(5) Professional development.

(a) The operator shall provide orientation for all new teacher/caregiver(s), volunteer(s) and emergency person(s) prior to their employment and volunteering. This orientation shall include the following:

(i) Specific job duties and responsibilities;

(ii) The requirements of this chapter related to their job; and

(iii) The policies and procedures of the group child care home that affect the health and safety of children.

(b) The operator shall participate in at least fifteen (15) clock hours of training annually. At least five clock hours shall be related to program administration and at least five clock hours shall be in child growth and development, early childhood education and/or health and safety excluding first aid and CPR training. The remaining hours shall come from the following areas: Safety, Health, Nutrition, Guidance, or Professional Development and must include blood-borne pathogens training as required by the Occupational Safety and Health Administration (OSHA).

(c) All staff, with the exception of emergency person(s) and volunteer(s), providing direct care to the children shall participate in at least ten (10) clock hours of training annually. At least four clock hours shall be in child growth and development and at least four (4) clock hours shall be in curriculum activities for children excluding first aid and CPR training. The remaining hours shall come from the following areas: Curriculum Activities, Nutrition, Guidance, or Professional Development and must include blood-borne pathogens training as required by OSHA.

(d) When children with special needs are enrolled, the operator and teacher/caregivers shall receive orientation and/or training in understanding the child's special needs and ways of working in group settings when children with special needs are enrolled.

(e) All staff shall receive information regarding the developmental abilities of the age group(s) with whom the teacher/caregiver will be working.

(f) Records of training received shall be kept on the premises and include the name of the person trained, the person or persons conducting the training, date, number of hours, location, and the competency area of the training.

(g) At least one person who is certified in pediatric first aid, including rescue breathing, CPR, and management of a blocked airway shall be present in the group child care home at all times when children are in care, and during group outings or field trips. Training shall be provided by an individual who is certified as a trainer by a recognized health care organization.

114-514. Supervision.

A. Children shall be directly supervised at all times by qualified staff persons.

(1) Directly supervised means staff persons are physically near, readily accessible, aware and responsible for the ongoing activity of each child and able to intervene when needed.

(2) There shall be an additional teacher/caregiver present when attendance reaches nine children or when four or more of the children are younger than two years old.

(3) Children in feeding chairs shall be constantly supervised.

B. Nap time staff:child ratios

(1) During nap times staffing ratios do not change as long as at least one other staff person is readily available.

C. Water safety staffing

(1) The following staffing ratios apply at all times while children are swimming, wading or near a water source. The staffing ratios shall also apply at all times while children are near a water body that poses a potential risk based upon the age of the child.

WATER SAFETY STAFF:CHILD RATIOS

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Child's Age Staff: Child Ratio

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Birth to two years 1:1

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Two to three years 1:2

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Three to four years 1:3

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Four and older 1:6

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(2) All swimming activities shall be supervised by a person with current lifeguard training certification. If this is a staff person who has current lifeguard training certification, they may be included in the staff:child ratio. In instances in which all staff members can, without the ability to swim, quickly reach any child, a certified lifeguard is unnecessary.

114-515. Health, Sanitation and Safety.

A. Child health

(1) Children shall be excluded from child care when they exhibit the conditions listed in the DHEC Exclusion Policy.

(2) During hours of operation there shall be no smoking or consumption of alcoholic beverages in the areas used by children or in the food preparation or storage areas. Smoking shall be permitted only in designated areas, a safe distance from the group child care home. Consumption of alcoholic beverages or use of other non-prescription narcotic or illegal substances is prohibited on the group child care home premises. People who appear to be under the influence of alcohol or other drugs shall not be in the group child care home when children are present.

B. Sanitation

(1) Staff shall ensure that children's faces and hands are clean.

(2) Furniture, toys, and equipment that come into contact with children's mouths shall be washed, rinsed, and sanitized daily and more often if necessary.

(3) Furniture, toys and equipment soiled by secretion or excretion shall be sanitized before reuse.

(4) Linens and blankets as well as cribs, cots, and mats shall be cleaned at least weekly.

(5) If playpens are used, they shall have waterproof, washable, comfortable pads.

(6) If children brush their teeth at the group child care home, each child shall have a separate, labeled toothbrush, stored with bristles exposed to circulating air, and not in contact with another toothbrush.

C. Emergency medical plan

(1) The group child care home shall have an emergency medical plan to address the following:

(a) Medical conditions under which emergency care and treatment is warranted;

(b) Steps to be followed in a medical emergency;

(c) The hospital or source of health care to be used;

(d) The method of transportation to be used; and

(e) An emergency staffing plan.

(2) Emergency information for the child shall be taken with the child to the hospital or emergency location.

(3) A staff person shall remain with the child at the hospital or emergency location until the parent arrives.

D. Medications or medical procedures

(1) Written, signed and dated parental consent is required prior to the administration of any prescription or over the counter medication or administration of special medical procedures.

(a) All medications shall be used only for the child for whom the medication is labeled.

(b) Medications shall not be given in excess of the recommended dose.

(c) Prescribed special medical procedures ordered for a specific child shall be written, signed and dated by a physician or other legally authorized healthcare provider.

(2) Storage of medications.

(a) All medications shall be kept in their original labeled containers and have child protective caps. The child's first and last name shall be on all medications.

(b) All medications shall be stored in a separate locked container under proper conditions of sanitation, temperature, light, and moisture.

(c) Discontinued and expired medications shall not be used and shall be returned to the parent or disposed of in a safe manner.

(3) Medication log.

(a) For each medication that is administered by a staff person, a log shall be kept including the child's name, the name of the medication, dosage, date, time and name of person administering the medication. This information shall be logged immediately following the administration of the medication.

(4) Medication errors.

(a) Medication errors (e.g. failure to administer a medication at the prescribed time, administering an incorrect dosage of medication or administering the wrong medication) shall be recorded in the child's record.

(b) Written documentation that the medication was given shall be provided to the parent.

(c) The parent shall be immediately notified of a medication error or a suspected adverse reaction to a medication.

E. First aid kit

(1) A first aid kit shall be available for the treatment of minor cuts and abrasions and shall be stored in a location inaccessible to children.

F. Diapering

(1) Diaper changing procedures shall be consistent with those recommended by the Center for Disease Control and Prevention.

(2) Diapering surfaces shall be clean, seamless, waterproof and sanitary.

(3) Blood contaminated materials and diapers shall be discarded in a plastic bag with a secure tie. Surfaces contaminated with blood or blood-containing body fluids shall be cleaned with an approved solution of chlorine bleach and water.

(4) Individual disposable wipes shall be used at each diaper change and shall be placed in a plastic-lined, covered container and disposed of properly, and kept out the reach of children.

(5) Soiled disposable diapers and disposable wipes shall be kept in a closed, labeled hands-free operated, plastic lined receptacle within reach of diaper changing area separate from other trash. Soiled non-disposable diapers shall be kept in a sealed plastic bag after feces shall be disposed of through the sewage.

(6) Staff shall check diapers and clothing at a frequency that ensures prompt changing of diapers and clothing.

(7) No child shall be left unattended while being diapered.

G. Staff health

(1) The operator shall maintain the following records in the group child care home for herself/himself, staff, emergency person(s) and household members:

(a) Medical statements required by the Department and completed by the staff person verifying that his/her health is satisfactory. Medical statements shall be updated as necessary; and

(b) A health assessment from a health care provider assessing the ability of the operator, staff, and emergency staff person to work with children. The health assessment shall be completed within three months prior to employment or within the first month of employment and shall include health history, physical exam, vision and hearing screening, tuberculosis screening, and a review of immunization status. A new health assessment shall be obtained by the operator and teacher/caregivers at least every four years after the initial assessment or as necessary.

(2) No person who is known to be afflicted with any disease in a communicable form, or who is a known carrier of such a disease, or who is afflicted with boils, infected wounds, or sores or acute respiratory infection, shall work in any capacity in a group child care home in which there is likelihood of such person transmitting disease or infection to other individuals.

(3) Any staff member, including the operator, emergency person(s) and volunteer(s) who, upon examination or as a result of tests, shows a condition that could be detrimental to the children or staff, or which would prevent satisfactory performance of duties, shall not continue work at the group child care home until the healthcare provider indicates that the condition no longer presents a threat to children or staff.

(4) Staff persons shall wash their hands with soap and warm running water upon arrival at the group child care home, before preparing or serving food, before assisting a child with eating, after assisting a child with toileting or diapering, before and after toileting, after administering medication, after cleaning, after assisting with wiping noses, after contact with body fluids, after contact with animals, and after using cleaning materials. Hands shall be washed even if gloves are worn to perform these tasks.

(5) Staff shall be excluded when they exhibit the conditions listed in the DHEC Exclusion Policy.

H. Fire safety and emergency preparedness

(1) Group child care homes shall comply with the regulations and codes of the State Fire Marshal.

(2) The group child care home shall have an up to date written plan for evacuating in case of fire, a natural disaster or threatening situation that may pose a health or safety hazard. The group child care home shall also include procedures for staff training in this emergency plan.

(3) Portable heat sources will be used according to the manufacturers' instructions and kept in good working order and out of the reach of children.

I. Transportation

(1) If the operator provides or arranges for transportation, the following transportation requirements apply:

(a) The staffing ratios specified in 114-514A(2) apply. The driver of the vehicle shall not be counted in the ratios;

(b) Transportation and placement of children shall be in accordance with state and federal laws;

(c) A child shall not be left unattended in a vehicle;

(d) The driver shall have a valid regular or commercial driver's license and shall be in compliance with Section 20-7-2725A(4) of the Code of Laws of 1976;

(e) Use of tobacco products is prohibited in the vehicle; and

(f) Written consent from the parent is required prior to transportation.

(2) The following requirements apply for safe pick-up and drop-off:

(a) The group child care home shall have safe crossways and designated pick-up and drop-off locations and communicate these locations to the parents; and

(b) Children shall be supervised during boarding and exiting vehicles.

114-516. Program.

A. Program of activities

(1) There shall be planned, daily program of activities for all children.

(2) Activities shall be developmentally appropriate.

(3) Staff shall plan and provide daily age-appropriate activities such as stories, music, art, cooking, living skills, puzzles, blocks, etc. in accordance with the child's developmental level.

(4) Children shall be provided daily indoor opportunities for freedom of movement.

(5) Quiet areas with supervision shall be made available to children desiring to be alone or to work on homework.

(6) Staff persons shall provide the opportunity for the children to ask questions and engage in conversations with others. Staff shall have frequent positive verbal communications with the children.

(7) Age appropriate radio and television, VCR tapes, DVDs and other media shall be previewed by the operator and staff and used only as a supplement and enhancement to the daily program. No child shall be required to view these media programs.

(8) All children, including infants and toddlers shall be given the opportunity for outdoor play, weather permitting.

(9) Napping expectations and time periods shall be developmentally appropriate and meet the needs of the individual child.

B. Discipline and behavior management

(1) The group child care home's discipline policy shall outline methods of guidance appropriate to the ages of the children. Positive, non-violent, non-abusive methods for managing behavior shall be implemented.

(2) All teacher/caregivers shall sign an agreement to implement the discipline and behavior management policy, with a statement that specifies no corporal punishment shall be used except when authorized in writing by the parent(s)/guardian(s); corporal punishment shall not exceed guidelines established in Section 20-7-490(2)(a) of the Code of Laws of South Carolina, 1976 amended.

(3) Emotional abuse is also prohibited, including but not limited to: profane, harsh, demeaning or humiliating language in the presence of children. Threatening, humiliating, ignoring, corrupting, terrorizing, or rejecting a child is prohibited.

(4) Withholding, forcing, or threatening to withhold or force food, sleep or toileting is prohibited.

(5) Unsupervised isolation of a child shall not be allowed. The child shall be within sight of staff if isolation from the group is used.

(6) The use of children to discipline other children is prohibited.

(7) Children shall not be restrained through drugs or mechanical restraints.

(8) Each group child care home has the option to prohibit corporal punishment.

114-517. Physical Site.

A. Indoor space and conditions

(1) The operator shall provide at least thirty-five (35) square feet of indoor play space per child, measured by Department staff from wall to wall. Bathrooms, reception areas, isolation rooms, halls and space occupied by cupboards, shelves, furniture and equipment which are accessible to children for their use shall be allowable space. Kitchens, storage rooms and storage cabinets used solely for or by staff shall be excluded. Halls, although included in total indoor space, shall not be used for activities or storage of furniture and equipment.

(2) Ventilation.

(a) Child care areas, dining areas, kitchens, and bathrooms shall be ventilated by mechanical ventilation, such as fans or air conditioning, or at least one operable window.

(b) If freestanding fans are used, fans shall have a stable base, be equipped with protective guards and be placed in a safe location.

(c) Windows, including windows in doors, when utilized for ventilation purposes shall be securely screened to prevent the entrance of insects.

(3) Safety glass shall be used on clear glass windows and doors that are within thirty-two inches above floor level and that are accessible to children. Decals shall be applied to all glass or sliding patio doors and placed at eye level of the children being cared for at the group child care home.

(4) Lighting.

(a) Rooms, hallways, interior stairs, outside steps, outside doorways, porches, ramps and fire escapes shall be lighted.

(b) At least twenty foot candles of light shall be required on all work surfaces in food preparation, equipment washing, utensil washing, hand-washing areas, and toilet rooms.

(c) Adequate, safe lighting for individual activities, for corridors, and for bathrooms shall be provided.

(5) Environmental hazards.

(a) Safety barriers shall be placed around all heating and cooling sources, such as hot water pipes, fixed space heaters, wood- and coal-burning stoves, hot water heaters, and radiators, that are accessible to children to prevent accidents or injuries upon contact by the child.

(b) Knives, lighters, matches, projectile toys, tobacco products, microwave ovens and other items that could be hazardous to children shall not be accessible to children.

(c) To prevent lead poisoning in children, group child care homes shall meet applicable lead base paint requirements, as established by DHEC.

(d) Floors, walls, ceilings, windows, doors and other surfaces shall be free from hazards such as peeling paint, broken or loose parts, loose or torn flooring or carpeting, pinch and crush points, sharp edges, splinters, exposed bolts and openings that could cause head or limb entrapment.

(e) The use of sinks, equipment and utensil-washing sinks, or food preparation sinks for the cleaning of garbage and refuse containers and the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water or similar liquid waters is prohibited.

(f) Children shall not be present in the area during construction or remodeling and not in the immediate area during cleaning or in such a manner as not to create a condition that might result in an accident or cause harm to the health and safety of the children.

(g) Microwave ovens shall be inaccessible to children.

(h) The following items shall be secured or inaccessible to children for whom they are not age appropriate:

(i) Items that may cause strangulation such as blind cords, plastic bags, necklaces, and drawstrings on clothing and string;

(ii) Items that may cause suffocation such as sand, beanbag chairs, pillows, soft bedding, and stuffed animals; and

(iii) Items that may cause choking such as materials smaller than 1 1/4 inch in diameter, items with removable parts smaller than 1 1/4 inch in diameter, Styrofoam objects and latex balloons.

(6) Water supply.

(a) The water supply shall meet applicable requirements for water quality and testing in accordance with DHEC.

(b) The group child care home shall have hot and cold water under pressure. (Forty PSI recommended.) If an individual private well water supply is used, the operator shall obtain approval pursuant to DHEC to ensure safe location, construction, and proper maintenance and operation of the system.

(c) The hot water supply shall meet applicable requirements of DHEC.

(d) Safe drinking water shall be available to children at all times and there shall be no use of common drinking cups.

(e) If a water fountain is available, it shall be of an angle-jet design, maintained in good repair and kept sanitary. There shall be no possibility of mouth or nose submersion.

(f) Ice used for any purpose shall be made from water from an approved source. The ice shall be handled and stored in a sanitary manner.

(7) Temperature.

(a) Temperature shall be maintained between 68 and 80 degrees Fahrenheit as appropriate to the season while children are present in the group child care home.

(b) When outdoor temperature exceeds 90 degrees Fahrenheit, caution shall be used when children are involved in outdoor physical activities.

(8) Sanitation.

(a) Clean and sanitary conditions shall be maintained indoors and outdoors, including indoor and outdoor recreational equipment and furnishings.

(b) Measures to control insects, rodents, and other vermin shall be taken to prevent harborage, breeding, and infestation of the premises.

(c) All solid wastes shall be disposed of at sufficient frequencies and in such a manner not to create a rodent, insect, or vermin problem.

(d) Trash in diapering areas shall be kept in closed, hands-free operated, plastic lined receptacles in good repair.

(e) Trash in kitchen areas shall be kept in closed, plastic lined receptacles.

(f) Trash in children's restrooms, classrooms, and eating areas shall be kept in plastic lined receptacles.

(g) Trash receptacles outside the building, shall be watertight with firm fitting lids that prevent the penetration of insects and rodents.

(h) Trash disposal and sewage system construction and usage shall be in accordance with local standards and ordinances.

(i) The use of child care room, bathroom, or kitchen sinks for cleaning of trash receptacles or cleaning equipment is prohibited.

(9) Doors.

(a) Protective gates shall be of the type that do not block emergency entrances and exits and that prevent finger pinching and head or limb entrapment.

(10) Landings, stairs, handrails, and railings.

(a) Children shall not have access to a door that swings open to a descending stairwell or outside steps, unless there is a landing that is at least as wide as the doorway at the top of the stairs.

(b) Each ramp and each interior stairway and outside steps exceeding two steps shall be equipped with a secure handrail at the height appropriate for the sizes of the children at the group child care home.

(c) Stairs shall have a nonskid surface.

(d) Each porch and deck that has over an 18-inch drop shall have a well-secured railing.

(e) Interior stairs that are not enclosed shall have a barrier to prevent falls.

(11) Electrical sources.

(a) The group child care home shall be connected with an electrical source.

(b) Electrical outlets and fixtures shall be connected to the electrical source in a manner that meets local electrical codes, as certified by an electrical code inspector.

(c) Electrical outlets shall be securely covered with childproof covers or safety plugs when not in use in all areas accessible to children.

(d) No electrical device accessible to children shall be located so that it could be plugged into the outlet while in contact with a water source, such as sinks, tubs, shower areas, or swimming/wading pools.

(12) Bathrooms.

(a) There shall be at least one flush toilet.

(b) If seat adapters are used for toilet training, they shall be cleaned and sanitized after each use.

(c) Toilet training equipment shall be provided to children who are being toilet trained.

(d) There shall be at least one sink with hot and cold running water under pressure in or near each toilet area.

(e) Toilets and sinks shall be at heights accessible to the children using them or shall be equipped with safe and sturdy platforms or steps.

(f) Toilets, toilet seat adapters, sinks and restrooms shall be cleaned at least daily and shall be in good repair.

(g) Liquid or granular soap and disposable towels shall be provided at each sink.

(h) Children shall not be left unattended in a bathtub or shower.

(i) Easily cleanable receptacles shall be provided for waste material.

B. Outdoor space

(1) The outdoor space shall be free from hazards and litter.

(2) Outdoor walkways shall be free from debris, leaves, ice, snow, and obstruction.

(3) Children shall be restricted from unsafe areas and conditions such as traffic, parking areas, ditches, and steep slopes by a fence or natural barrier that is at least four feet high.

C. Furniture, toys, and recreational equipment shall meet the following requirements:

(1) Be clean and free from hazards such as broken or loose parts, rust or peeling paint, pinch or crush points, unstable bases, sharp edges, exposed bolts, and openings that could cause head or limb entrapment.

(2) Meet the standards of the U.S. Consumer Products Safety Commission (CPSC), if applicable. Recalled products listed by the CPSC shall not be accessible to children.

(3) Be developmentally and size appropriate, accommodating the maximum number of children involved in an activity at any one time.

(4) The sides of playpens shall remain latched as long as a child is using the playpen. If playpens are used, they shall have waterproof, washable, comfortable pads.

(5) All arts and crafts and play materials shall be nontoxic.

(6) Outdoor recreational equipment shall be made of durable, non-rusting, non-poisonous materials, and shall be sturdy.

(7) Stationary outdoor equipment shall be firmly anchored and shall not be placed on a concrete or asphalt surface. Cushioning material such as mats, wood chips or sand shall be used under climbers, slides, swings, and large pieces of equipment.

(8) Swings shall be located to minimize accidents and shall have soft and flexible seats.

(9) Cushioning material shall extend at least six (6) feet beyond the equipment and swings.

(10) Slides shall have secure guards along both sides of the ladder and placed in a shaded area.

(11) Outdoor metal equipment shall be located in shaded areas or otherwise protected from the sun.

(12) Outdoor equipment shall be arranged so that children can be seen at all times.

(13) The height of play equipment shall be developmentally and size appropriate.

(14) Sand in a sand box shall be securely covered when not in use and, if outdoors, constructed to provide for drainage.

(15) Indoor recreational equipment and furnishings shall be cleaned and disinfected when they are soiled or at least once weekly and shall be of safe construction and free of sharp edges and loose or rusty points. Indoor recreational equipment and furnishings shall be clean and shall be of safe construction and free of sharp edges and loose or rusty points.

(16) A properly fitting bicycle helmet that is approved by American National Standards Institute, Snell Memorial Foundation, or American Society for Testing and materials, shall be worn by each child when riding a bicycle, skateboard, roller blades, or skates. Helmets are optional for use with tricycles.

D. Rest equipment

(1) Cribs shall meet the specification of the CPSC.

(2) Individual, clean, developmentally appropriate cribs, cots, or mats shall be provided for each infant, toddler, and preschool child, labeled with the child's name and used only by that child.

(3) Cribs, cots, and mats shall be made of easily cleanable material.

(4) Placement of sleeping and napping equipment shall allow ready access to each child by staff.

(5) Individual, clean, appropriate coverings shall be provided.

(6) Cots and mats shall be stored so that the surface on which a child lies does not touch the floor.

E. Environmental hazards

(1) Poisons or harmful agents.

(a) Poisons or harmful agents shall be kept locked, stored in the original containers, labeled and inaccessible to children.

(b) Poisons or harmful agents shall be purchased in childproof containers, if available.

(c) Play materials, including arts and crafts, shall be non-poisonous.

(d) Poisonous plants are not permitted.

(e) Pesticides shall be used in strict compliance with label instructions and should not be used while children are present. Pesticide containers shall be prominently and distinctly marked or labeled for easy identification of contents and stored in a secure site accessible only to authorized staff.

(2) Water hazards.

(a) Swimming pools located at the group child care home or used by the group child care home shall conform to the regulations of DHEC for construction, use and maintenance.

(b) Swimming pools, stationary wading pools and other water sources such as ditches, streams, ponds, and lakes shall be made inaccessible to children by a secure fence that is at least 4 feet high; exits and entrances shall have self-closing, positive latching gates with locking devices.

(c) Children shall not be permitted in hot tubs, spas, or saunas.

(d) Children shall not be permitted to play in areas where there are swimming pools or other water sources without constant supervision.

(3) Firearms, weapons, and ammunition are to be kept in a locked drawer or cabinet.

(4) Animals: The following requirements apply in regard to animals:

(a) Healthy animals which present no apparent threat to the health and safety of the children shall be permitted, provided they are cleaned, properly housed, fed and cared for and have had required vaccinations, as appropriate;

(b) Animals shall not be permitted if a child in the room or area is allergic to the specific type of animal;

(c) Animal litter and waste shall not be accessible to children; and

(d) Reptiles and rodents shall not be accessible to children without adult supervision.

114-518. Meal Requirements and Preparation, Serving, Storage and Protection of Food Supplies.

A. Meal requirements

(1) If food is provided by the group child care home, the following requirements shall be met:

(a) Daily menus shall be dated and posted in a conspicuous location in public view;

(b) Meals and snacks provided shall be in compliance with the United States Department of Agriculture (USDA) Child Care Food Program Guidelines. Group child care homes that do not provide overnight care shall serve at least one meal and at least one snack, which meet USDA Child Care Food Program Guidelines. Group child care homes providing care between the hours of 6:00 p.m. and midnight shall additionally meet USDA Child Care Food Program Guidelines in serving dinner and at least one additional snack. Meal components and serving sizes shall be in accordance with these guidelines;

(c) Only Grade A pasteurized fluid milk and fluid milk products may be given to any child less than 24 months old, except with a written permission from the child's health provider;

(d) Whole milk may not be served to children less than 12 months of age, except with a written permission from the child's health provider; and

(e) Reconstituted milk shall not be served to any child, regardless of age.

(2) Food served shall be suited to the child's age and appetite. Second portions shall be available.

(3) Round, firm foods shall not be offered to children younger than four years old. Examples of such foods include: hot dogs, grapes, hard candy, nuts, peanuts, and popcorn. Hot dogs may be served if cut lengthwise and quartered; grapes may be served if cut in halves.

(4) All food in group child care homes shall be clean, wholesome, unspoiled, free from contamination, properly labeled, and safe for human consumption.

(5) Meals and snacks may be provided by the group child care home or the parent. The group child care home shall have a small supply of nutritional food and beverages available in the event a parent neglects to bring the child's food on an unanticipated basis.

(6) Dietary alternatives shall be available for a child who has special health needs or religious beliefs.

(7) Written permission/instructions for dietary modifications signed by the child's health care provider or parent or legal guardian are required.

B. Food Preparation

(1) Adequate hand-washing facilities equipped with hot and cold water under pressure, supplied through a mixing faucet, shall be provided in or convenient to the food preparation area.

(2) Sanitary soap and towels shall be provided.

(3) Utensils, such as forks, knives, tongs, spoons, and scoops shall be provided and used to minimize handling of food in all food preparation areas.

(4) Staff shall thoroughly wash their hands and exposed areas of arms with soap and warm water before starting work, during work as often as is necessary to keep them clean, e.g., after smoking, eating, drinking, or using the toilet. Staff shall keep their fingernails clean and trimmed.

(5) The outer clothing of all staff shall be clean.

(6) Staff shall neither use tobacco in any form while preparing or serving food, nor while in areas used for equipment or utensil washing or for food preparation.

(7) Potentially hazardous foods requiring cooking shall be cooked to heat all parts of the food to an internal temperature of at least 140 degrees Fahrenheit, with the following exceptions:

(a) Hamburger shall be cooked to at least 155 degrees Fahrenheit;

(b) Poultry, poultry stuffing, stuffed meats, and stuffing-containing meat shall be cooked to heat all parts of the food to at least 165 degrees Fahrenheit with no interruption of the cooking process;

(c) Pork and any food containing pork shall be cooked to heat all parts of the food to at least 150 degrees Fahrenheit; and

(d) Rare roast beef and rare beefsteak shall be cooked to surface temperature of at least 130 degrees Fahrenheit.

(8) Potentially hazardous food such as meats, cooked rice, and cream-filled pastries shall be prepared (preferably from chilled products) with a minimum of manual contact and on surfaces with utensils that are clean and sanitized prior to use.

(9) Metal, stem-type, numerically-scaled indicating thermometers, accurate to plus or minus three degrees Fahrenheit, shall be provided and used to ensure that proper internal cooking, holding, or refrigeration temperatures of all potentially hazardous foods are maintained.

(10) Potentially hazardous foods shall be thawed as follows:

(a) In refrigerated units at a temperature not to exceed 45 degrees Fahrenheit;

(b) Under potable running water from the cold water supply with sufficient water velocity to remove loose food particles;

(c) In a microwave oven only when food will be immediately transferred to conventional cooking equipment as part of a continuous cooking process or when the entire, uninterrupted cooking process takes place in the microwave oven; or

(d) As part of the conventional cooking process.

(11) All raw fruits and vegetables shall be washed thoroughly before being cooked, served, or placed in refrigerators.

C. Food service

(1) No child shall be deprived of a meal or snack if he/she is in attendance at the time the meal or snack is served.

(2) Easily breakable dinnerware shall not be used.

(3) Children shall not be forced to eat.

(4) Food shall not be used as a punishment.

(5) Children shall not be allowed in the kitchen except during supervised activities.

(6) Portions of food once served shall not be served again.

(7) Single-service articles shall be stored in closed cartons or containers to protect them from contamination.

(8) Use of common drinking cups is prohibited.

(9) Disposable cups, if used, shall be handled and stored properly to prevent contamination.

(10) Reuse of single service articles is prohibited.

(11) If potentially hazardous foods that have been cooked and then refrigerated are to be served hot, they shall be reheated rapidly to 165 degrees Fahrenheit or higher throughout before being served or before being placed in a hot food-storage facility. Steam tables, double boilers, warmers, and similar hot food holding facilities are prohibited from use for the rapid reheating of potentially hazardous foods.

D. Storage

(1) All food shall be properly labeled and stored, and shall be protected against contamination.

(2) The operator shall provide refrigeration units to ensure that all potentially hazardous foods are maintained at 45 degrees Fahrenheit or below or 130 Fahrenheit or above, except during necessary period of preparation.

(3) Thermometers shall be accurate to plus or minus 3 degrees and conspicuously placed in the warmest area of all cooling and warming units to ensure proper temperatures.

(4) Containers of food, food preparation equipment and single service articles shall be stored at least 6"' above the floor, on clean surfaces, and in such a manner to be protected from splash and other contamination.

(5) Food not subject to further washing or cooking before serving shall be stored in such a manner to be protected against contamination from food requiring washing or cooking.

(6) The storage of food or food equipment, utensils, or single-service articles in toilet rooms and under exposed sewer lines is prohibited.

(7) Custards, cream fillings, or similar products which are prepared by hot or cold processes shall be kept at safe temperatures except during necessary periods of preparation and service.

(8) All cleaning supplies, detergents, and other potentially poisonous items shall be stored away from food items and shall be inaccessible to children.

E. Cleaning, storage, and handling of utensils and equipment

(1) Tableware shall be washed, rinsed, and sanitized after each use.

(2) All kitchenware and food-contact surfaces of equipment shall be washed, rinsed, and sanitized.

(3) Residential dishwashers may be used for washing and rinsing providing that dishes and utensils are sanitized upon removal.

(4) The cooking surfaces of cooking devices shall be cleaned as often as necessary and shall be free of encrusted grease deposits and other soil.

(5) Non-food contact surfaces of all equipment, including tables, counters, and shelves, shall be cleaned at such frequency as is necessary to be free of accumulation of dust, dirt, food particles, and other debris.

(6) Prior to washing, all equipment and utensils shall be rinsed or scraped, and when necessary, presoaked to remove gross food particles and soil.

(7) Food-contact surfaces of cleaned and sanitized equipment and utensils shall be handled in such a manner as to be protected from contamination.

(8) Cleaned and sanitized utensils shall be stored above the floor in a clean, dry location so that food-contact surfaces are protected from contamination.

(9) Clean spoons, knives, and forks shall be picked up and touched only by their handles. Clean cups, glasses, and bowls shall be handled so that fingers and thumbs do not contact inside surfaces or lip-contact surfaces.

114-519. Infant and Toddler Care, Care for Mildly Ill Children, and Night Care.

A. Infant and toddler care

(1) Stimulation and nurturing.

(a) Children shall not remain in their cribs or play equipment for other than sleeping and specific, short time-limited quiet play.

(b) Infants and toddlers shall be routinely held, talked to, rocked, caressed, carried, nurtured, read to, sung to and played with throughout the day.

(c) There shall be toys and materials that encourage and stimulate children through seeing, feeling, hearing, smelling and tasting.

(2) Programs for infants and toddlers.

(a) Staff shall provide appropriate attention to the needs of children.

(b) The daily program for infants and toddlers shall include goals for children, which promote healthy child development and allow for individual choice and exploration.

(c) Information about the child's daily needs and activities shall be shared with parents.

(3) Feeding, eating and drinking.

(a) Cups and bottles shall be labeled with the child's name and used only by that child.

(b) Infants shall be fed in accordance with the time schedule, specific food and beverage items and quantities as specified by the parent.

(c) Infants shall be held while being bottle fed until they are able to hold their own bottles. Bottles shall not be propped or given in cribs or on mats.

(d) Due to nutritional concerns, the microwaving of breast milk is prohibited. The microwaving of formula and other beverages is strongly discouraged due to the possibility of a burn injury to the child. However, if the facility plans to use this method of heating formula and other beverages, they must notify all parents in writing as part of the enrollment or orientation process.

(e) All warmed bottles shall be shaken well and the temperature tested before feeding to a child.

(f) Baby formula, juice, and food served in a bottle shall be prepared, ready to feed, identified, and packaged for single use for the appropriate user. Any excess formula, juice or food shall be discarded after each feeding. Formula, juice and food requiring refrigeration shall be maintained at 45 degrees Fahrenheit or below.

(g) Infants and toddlers shall not sleep with bottles in their mouths.

(h) Toddlers shall be offered water routinely throughout the day.

(i) Breast milk and formula shall be dated and labeled with the child's name and refrigerated until ready to use.

(j) Food for infants shall be cut in pieces one-quarter inch or less.

(k) Food for toddlers shall be cut in pieces one half inch or less.

(4) Feeding chairs.

(a) Feeding chairs shall have a stable base.

(b) Feeding chairs shall have a T-shaped safety strap that prevents the child from slipping or climbing out of the chair. The safety strap shall be used at all times the child is in the chair.

(c) Feeding chair trays shall be in good repair and made of an easily cleanable surface and shall not have chips or cracks.

(d) Feeding chairs shall be used only for eating or a specific, short time-limited tabletop play activity.

(e) Seat heights of feeding chairs shall be appropriate to the age and development of the child. Feeding chairs shall be in good repair and children shall be constantly supervised.

(5) Sleeping.

(a) Infants shall be placed on their backs to sleep unless the parent provides a note from a physician specifying otherwise.

(b) Crib mobiles shall not be permitted for infants or toddlers who can sit.

(c) Two years from the effective date of these regulations, stacked cribs will no longer be permitted.

(6) Equipment and materials.

(a) Indoor space shall be protected from general walkway where crawling children may be on the floor.

(b) Mobile walkers are not permitted.

B. Care for mildly ill children

(1) Parent notification and instructions.

(a) If a child becomes ill while in care, the operator shall notify the parent or responsible party immediately.

(b) If a child may have been exposed to a serious communicable disease that is spread through casual contact, the group child care home shall notify the parents of all potentially exposed children about the nature of the illness and the potential exposure to the illness, and recommend consultation with the child's physician.

(c) If an operator chooses to provide care to a mildly ill child, the operator shall receive instructions from the parent for any special care needs of the child.

(2) Policies and procedures.

(a) If an operator chooses to provide care to a mildly ill child, the group child care home shall have written policies and procedures specifying inclusion and exclusion from the group, communication with parents, recording of illness and care provided, specific types of illnesses and symptoms which prohibit care from being provided, special staff training required and emergency health procedures.

(b) Children shall be excluded when they exhibit the conditions listed in the DHEC Exclusion Policy.

(c) If a child is in a rest area due to illness, the child shall be supervised at all times.

C. Night care

(1) In group child care homes providing overnight care, at least two adults shall be on the premises at all times, physically near, readily accessible, and responsible for the ongoing activity of each child and able to intervene when needed.

(2) The operator shall present written evidence that a plan has been worked out whereby an additional, outside person can be quickly summoned to assist in an emergency.

(3) Sleeping equipment.

(a) Each child shall have a bed with a solid foundation, a fire retardant mattress, a pillow, and bedding appropriate for the temperature of the group child care home.

(b) Cots and portable beds are not permitted.

(4) Bedtime.

(a) Children shall be provided the opportunity to read or be read to before bedtime.

(b) There shall be books, games, and other quiet time activities for the child prior to bedtime.

(c) Special bedtime routines as specified by the parent shall be followed to the extent feasible.

(5) Bathing.

(a) If children bathe at the group child care home, there shall be a bathtub or shower with a slip resistant surface.

(b) Each child shall have his or her own clean towel and washcloth.

(6) Night clothes.

(a) The group child care home shall make arrangements with the parent to provide clean appropriate nightclothes.

REGULATIONS FOR THE REGISTRATION OF CHILD CARE CENTERS OPERATED BY CHURCHES OR RELIGIOUS ENTITIES

114-520. General Provisions.

A. Purpose

(1) The purpose of these regulations is to establish standards that protect the health, safety and well being of children receiving care in child care facilities, through the formulation, application and enforcement of these regulations.

B. Applicability

(1) These regulations apply to child care centers operated by churches or religious entities as defined in section 114-521A(8).

(2) These regulations do not apply to the following:

(a) Educational facilities, whether private or public, which operate solely for educational purposes in grade one or above;

(b) Five-year-old kindergarten programs;

(c) Kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age;

(d) Facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available; however, these facilities must meet local fire and sanitation requirements and maintain documentation of these requirements on file at the facility available for public inspection;

(e) School vacation or school holiday day camps for children operating in distinct sessions running less than three weeks per session, unless the day camp permits children to enroll in successive sessions so that their total attendance may exceed three consecutive weeks;

(f) Summer resident camps for children;

(g) Bible schools conducted during school vacation periods;

(h) Facilities for the mentally retarded provided in Chapter 21, Title 44; and

(i) Facilities for the mentally ill as provided for in Chapter 17, Title 44.

C. Access to and within the center, and physical site accommodations and equipment, shall be provided for children with disabilities to meet their health and safety needs in accordance with applicable state and federal laws.

114-521. Definitions.

A. Terms used in South Carolina Regulations, Chapter 114, Article 5, Part A, shall be all definitions cited in Section 20-7-2700 et seq., Code of Laws of South Carolina in addition to the definitions that follow:

(1) Applicant: A person 21 years of age or older, representing a corporation, partnership, voluntary association, other public or private organization who has completed, signed and submitted a Department of Social Services (DSS) application form and other requirements to the Department in order to obtain a child care center registration.

(2) Blood-borne pathogens: Pathogenic microorganisms that are present in human blood that can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).

(3) Center director: The on-site staff person, who is responsible for the daily operation of a child care center, including but not limited to supervision of staff and children. The center director can only have responsibility for one center and may not hold another full-time job during the hours of center operation.

(4) Center co-director: The on-site staff person who is responsible for the daily operation of a child care center when the director is not present including, but not limited to, the supervision of staff and children.

(5) Center director designee: The on-site staff person who assumes the responsibilities of the Director for limited periods of time, when neither the Director nor Co-Director is on-site.

(6) Central registry of child abuse and neglect: An automated, computerized listing, maintained by the DSS containing the names(s), address(es), birth date(s), identifying characteristics and other information about individual(s) who have been listed on the registry due to the determination of perpetrating abuse or neglect upon a child.

(7) Child: An individual, from birth through 15 years of age (chronologically), receiving care in a child care center; or up to 18 years of age if the child qualifies as special needs.

(8) Child care center: A center that is registered for thirteen (13) or more children for care.

(9) Complaint: Statement(s) reporting unsatisfactory conditions in a child care facility.

(10) Complete application: An application is complete on the date of receipt of the last document required by the Department in order to issue a registration.

(11) Department: Refers to the Department of Social Services.

(12) Emergency person: An individual 18 years of age or older, not regularly employed by the child care center who is immediately available to serve as staff in emergency situations. This person shall meet all requirements of an employed teacher/caregiver, with the exception of training.

(13) Infant: A child under 12 months of age.

(14) Lifeguard: A person having the qualifications of and possessing a current American Red Cross, YMCA, or equivalent Lifeguard Certificate, current First Aid Certificate and current CPR (which includes adult, child, and infant) Certificate.

(15) Parent: The biological or adoptive mother or father, the legal guardian of the child or the individual agency with custody of the child.

(16) Preschool child: A child 3 or 4 years of age or older but not yet eligible for public kindergarten.

(17) Provisional registration: A registration issued by the Department to a director when the director is temporarily unable to comply with all the requirements for a registration.

(18) Regular registration: A registration issued by the Department for two years to a director showing that the registrar is in compliance with the regulations of the Department at the time of issuance and authorizing the religious entity to operate in accordance with the regulations of the Department.

(19) Renewal: To grant an extension of a regular registration.

(20) School-aged child: A child at least old enough to enroll in public kindergarten.

(21) Sex offender registry: A statewide computerized listing of names and other identifying information on convicted sex offenders maintained and updated by the State Law Enforcement Division (SLED) and authorized by Section 23-3-400 et. Seq., Code of Laws of South Carolina, 1976, as amended.

(22) Staff: Full-time and part-time management, administrative, teaching/caregiving, program, maintenance, food service and service personnel; emergency and substitute personnel; supervised students; supervised student teachers and supervised volunteers.

(23) Staff:child ratio: The maximum number of children permitted per teacher/caregiver.

(24) Student teacher: An individual enrolled in his/her final practicum to be qualified for teacher certification. He or she shall meet the same health standards as other staff and undergo background investigation. He or she may be included in staff:child ratios.

(25) Student volunteer: An individual at least 16 years of age from a recognized educational institution or who may receive credit, reimbursement for expenses or a stipend for providing services in a trainee capacity under supervision of a staff member at all times when providing direct care to children shall not be counted in the staff:child ratio.

(26) Supervision: Care provided to an individual child or a group of children. Adequate supervision requires staff awareness of and responsibility for the ongoing activity of each child, knowledge of activity requirements and children's needs and accountability for their care. Adequate supervision also requires the director, and/or staff being near and having ready access to children in order to intervene when needed. Supervision requires adequate staff to meet staff:child ratios.

(27) Suspend: To void the regular registration of a child care center operated by a religious body.

(28) Teacher/caregiver: Any person whose duties include direct care, supervision, and guidance of children in a child care center.

(29) Toddler: A child 12 months of age or older but younger than 24 months of age.

(30) Training: Participation by child care center staff, in workshops, conferences, educational or provider associations, formal schooling, in-service training, or planned learning opportunities provided by qualified individuals. Training shall be age appropriate for the child population served by the child care center and in subject areas related to: administration, child growth and development and health and safety (such as, but not limited to child care, nutrition, infection control, communicable disease management and causes and signs of child abuse and neglect). Training for directors may also be in areas related to supervision of child care staff or program administration.

(31) Two-year olds: A child 24 months of age or older but younger than 3 years of age.

(32) Volunteer: An individual parent, grandparent, other professional or skilled individual artist or crafts person at least 16 years of age infrequently assisting with the daily activities for children in a child care center who provides services without compensation and who is supervised by staff at all times when providing direct care to children. An individual meeting this definition is not required to undergo a fingerprint background check or health screening and is not counted in staff:child ratios.

114-522. Procedures.

A. Pre-application consultation

(1) A potential operator may secure information about important items to consider before starting a child care facility by contacting staff of the State or Regional Child Care Licensing Office.

(2) Facilities owned and operated by a local church congregation, established religious denomination, religious college or university which does not receive state or federal financial assistance for child care services may secure information about the registration and inspection process for a child care facility by contacting staff of the State or Regional Child Care Licensing Office.

(3) Facilities owned and operated by a local church congregation, established religious denomination, religious college or university which receive funds through the state or federal government or which voluntarily elect to be licensed, may secure information about the licensing process by contacting staff of the State or Regional Child Care Licensing Office.

B. Registration

(1) An application for a registration shall be completed on appropriate Department forms and shall be signed by the director. The Department representative shall provide the applicant with the required number of forms, a copy of current regulations, a copy of Section 20-7-2700 et seq., Code of Laws of South Carolina (1976), and a copy of Sections of the Children's Code related to child abuse and neglect with an explanation of procedures and information required by the Department. The Department representative shall request in writing that health and fire officials make inspections of the facility.

(2) After giving the applicant at least two working days notice, Department staff shall arrange a registration study during an on-site visit to the proposed facility for determining compliance with applicable regulations.

(3) Upon request of the Department, health and fire officials shall inspect the facility to determine compliance with appropriate regulations and shall put in writing on appropriate forms the results of their inspections.

(4) The Department shall review the completed application form, completed inspection report, completed health and fire inspection reports, current child abuse and criminal history background records checks, written policies and other information specified by the Department to make a determination of issuance or non-issuance of a registration and shall take one of the following actions:

(a) Issue a regular registration if all the provisions of the regulations and statute for the operation of a child care center have been met;

(b) Issue a provisional registration with an accompanying correction notice if one or more violations have been cited which do not seriously threaten the health, safety or well-being of children; or

(c) Deny the issuance of a registration if one or more violations seriously threaten the health, safety or well being of the children.

(5) Failure of Department staff, except as provided by statute, to approve or deny any complete application within ninety days shall result in the granting of a provisional registration.

(6) If a registration is issued, the Department staff shall mail the registration directly to the director.

(7) The registration shall state clearly the name of the director; the address and type of child care facility, the date on which the registration was issued and will expire, and the maximum number of children to be present in the center at any one time.

(8) Department staff shall notify the director as follows if a provisional registration is issued or an application for a registration is denied:

(a) If a provisional registration is issued, the Department shall notify the director in writing of violations to be corrected. The violations shall be cited by regulation number and shall include a form issued by the Department for the director to complete a written plan to correct each violation as approved by the Department; or

(b) If a registration is denied or suspended, the Department shall give the applicant written notice by certified mail indicating the reason(s) for the denial or suspension and inform the operator of the right to appeal the decision through administrative channels to the department and according to established appeals procedure for the department. Upon appeal, the decision of the department is final unless appealed by a party pursuant to an Administrative Law Judge.

(9) If a facility is found to be in operation after the Department has denied the application for the registration and the administrative appeal/review procedure has been completed, the Department shall notify the Department's Office of General Counsel.

C. Provisions of the registration

(1) A regular registration issued by the Department to the child care center shall be valid for two years from date of issuance, unless suspended by the Department or voluntarily surrendered by the director; provided however, that a change in location, ownership or sponsorship of the facility shall automatically void the registration.

(2) A provisional registration issued by the Department to a child care center shall be issued for a period within which the deficiencies shall be corrected, and within the conditions permitted by statute.

(3) A provisional registration shall be amended from a provisional to a regular registration when all deficiencies have been verified as corrected.

(4) An application for a registration may be denied or suspended by the Department if the director, any staff member, volunteer(s) or emergency person(s) has been determined to have abused or neglected any child as defined in Section 20-7-490B, S.C. Code of Laws, 1976 as amended.

D. Inspection and consultation

(1) Department staff may visit and inspect a child care center operated by religious bodies at anytime during the hours of operation without prior notice to verify regulatory compliance with staff:child ratios.

(2) Department staff may also visit the facility under the following conditions:

(a) The facility requests in writing that a Department representative visit to discuss problems related to the applicable regulations or other matters of concern;

(b) The facility has not applied for registration to the Department as mandated by law; or

(c) There has been a report of child abuse or child neglect involving the facility.

(3) Upon receipt of a regulatory complaint on staff:child ratios, the Department shall conduct an unannounced inspection of the center to investigate the complaint. If the complaint is written, the Department shall provide a copy to the director upon request.

(4) Fire and health officials may visit the facility under the following conditions:

(a) When there is a complaint against the facility citing health and fire regulations violations that threaten serious harm to the children;

(b) When inspections have been requested by Department staff for registration; or

(c) When verification is needed that deficiencies cited by fire and/or health officials have been corrected.

E. Reasons for registration denial, suspension or non-renewal

(1) A registration may be denied, withdrawn or not renewed by the Department if the owner, director or staff member has been determined to have abused or neglected any child as defined in Section 20-7-490B, S.C. Code of Laws, 1976 as amended.

(2) A registration may be denied, withdrawn, or non-renewed by the Department if cited deficiencies threaten serious harm to the health and/or safety of the children.

F. Reporting of changes affecting registration

(1) The director shall immediately report to the Department when an occurrence takes place that may affect the status of the registration including the following:

(a) Change in director, ownership, or sponsorship;

(b) Change in center location; and

(c) Major renovations or alterations to the building.

G. Registration renewal

(1) One hundred and twenty (120) days prior to the expiration date of the current registration, Department staff shall notify the director in writing of the time and requirements for renewal and shall request health and fire inspections.

(2) The same Department actions cited in 114-522B(1-9) above are applicable to the renewal process, except that the Department shall initiate the registration renewal process one hundred and twenty (120) days in advance.

114-523. Management.

A. Display of registration

(1) The center shall display the current registration, as well as any violations in a prominent public place in the center. The back of the registration shall be displayed if deficiencies are listed.

(2) When advertising or issuing other public notifications of the service provided, the official registration number issued by the Department shall be included.

B. Capacity

(1) No child care center operated by religious bodies shall have present at any one time children in excess of the number for which it is registered.

(2) Exception: In the event of a natural disaster or unscheduled closing of a child care center, the capacity may be exceeded temporarily for a maximum of 90 days to accommodate the displaced children. The director shall notify the Department of the situation and maintain appropriate staff:child ratios at all times. Required records shall be kept on file for the new enrollees.

C. Child abuse

(1) The center shall immediately report suspected child abuse or child neglect to the Department's Office of Child Protective and Preventive Services (CPS) or to local law enforcement in accordance with South Carolina Code Annotated Section 20-7-510.

(2) The director and staff shall cooperate with Department staff during an investigation of child abuse or neglect. Cooperation shall include the following:

(a) Participate in informational conferences with CPS staff;

(b) Release records as appropriate, of children and staff upon request; and

(c) Allow access to the center premises for inspection and investigation of the child abuse allegation by the Department and other officials as permitted by statute.

D. Reporting of incidents

(1) The center shall report the following incidents to the parents/guardians immediately and provide written notification to the Department within 48 hours after the occurrence:

(a) Accidents or injuries involving any child occurring at the center requiring professional medical treatment; and

(b) Child or staff occurrences of communicable diseases that the Department of Health and Environmental Control (DHEC) requires to be reported in its Exclusion List.

(2) The following incidents shall be reported to the Department immediately:

(a) A child who is missing from the premises, or who is left unattended in a vehicle operated by the child care center;

(b) Major structural damage to center;

(c) Charges or convictions of crimes against the director or any staff person;

(d) Reports of alleged child abuse involving the director or any staff person; and

(e) Death of a child while at the facility.

(i) In the event of the death of a child at the facility, the center shall also immediately notify emergency medical personnel, the child's parents, and law enforcement; and

(ii) Provide information for children and parents as appropriate.

(3) A follow-up report shall be submitted to the Department as soon as an investigation by facility is completed and corrective action is taken.

E. Child records

(1) The facility shall keep a separate record for each child.

(2) The file shall be kept in a confidential manner.

(3) A child's record shall be maintained on file at the child care center and made available for review on-site by the Department only in the event of a CPS investigation, and it shall contain the following:

(a) Child's full legal name, nickname, birth date, date of enrollment, current home address and home telephone number;

(b) Full name of parent(s)/guardian(s), work and home telephone numbers, or telephone number(s) where they can be reached during the time the child is in the center;

(c) Name(s), address(es) and telephone number(s) of person(s) who can assume responsibility for the child in an emergency if the parent(s)/guardian(s) cannot be reached;

(d) Name, address and telephone number of family physician or health resource;

(e) Name(s), address(es) and verification of identification, such as valid driver's license, other picture identification or personal family code word of person(s) authorized to take the child from the child care center;

(f) Accurate records of daily attendance for each child;

(g) Authorization from parent(s)/guardian(s) for child to obtain emergency medical treatment;

(h) Authorization from parent(s)/guardian(s) for child to be transported to and from the center during field trips and other away from the center activities; and

(i) Authorization from parent(s)/guardian(s) for child to participate in swimming activities.

(4) A health record shall be maintained in the center for each child enrolled, and it shall include all of the following information:

(a) A signed statement of the child's health prior to admission to the child care center;

(b) A current South Carolina Certificate of Immunization which shall be made available for review on-site; and

(c) Other health information if deemed necessary by the director of the center and/or by parent(s)/guardian(s).

F. Staff records shall include the following:

(1) Names, positions and hours of duty of staff members;

(2) Criminal history background records check forms for the director, staff, emergency person(s), and any volunteer(s) not meeting the definition at 114-521A(33);

(3) Record of training for director and staff;

(4) Health records for the director, staff, and emergency person(s) in accordance with 114-525G(1)(a-c).

G. Communication

(1) The center shall have an operable telephone with an outside line that is accessible to staff persons in emergencies.

(2) Emergency telephone numbers for the police, fire department, ambulance service and poison control center shall be posted by each telephone.

H. Staffing

(1) Child abuse checks.

(a) The director or staff shall not have been determined to have committed an act of child abuse or neglect or have been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, any crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency or for the Crime of Contributing to the Delinquency of a Minor in Section 16-17-490.

(b) A check of the South Carolina Central Registry of Child Abuse and Neglect shall be requested by the director(s) on each staff person, except for volunteers in accordance with the following time lines:

(i) For the director(s) and at least two staff persons prior to the initial issuance of a regular or provisional registration;

(ii) For the director(s) and staff prior to employment;

(iii) For all other staff persons (including the emergency person) prior to employment; and

(iv) For all persons hired by the child care facility at each registration renewal.

(c) No child care center shall employ or retain an individual who has been determined to have committed an act of child abuse or neglect.

(2) Background criminal history checks.

(a) To be employed by or to provide teacher/caregiver services at a child care facility, a person shall first undergo a State fingerprint review from SLED.

(b) A person may be provisionally employed or may provisionally provide teacher/caregiver services after the favorable completion of the state fingerprint review. The Federal Bureau of Investigation (FBI) fingerprints shall be submitted for review within 14 business days upon receiving the SLED results. Upon the completed FBI review, the results will be forwarded to the appropriate Department for distribution.

(c) No child care facility may employ a person, engage the services of or knowingly allow a person in the child care facility during normal hours of operation who is required to register under the sex offender registry act pursuant to SC Code of Laws Section 23-3-430 or who has been convicted of:

(i) A crime listed in SC Code of Laws Chapter 3 of Title 16, Offenses Against the Person;

(ii) A crime listed in SC Code of Laws Chapter 15 of Title 16, Offenses Against Morality and Decency;

(iii) The crime of contributing to the delinquency of a minor, contained in SC Code of Laws Chapter 17 of Title 16 at Section 16-17-490;

(iv) The felonies classified A through F in SC Code of Laws Chapter 1 of Title 16 at Section 16-1-10A;

(v) The offenses enumerated in Chapter 1 of Title 16 at Section 16-1-10D; or

(vi) A criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.

(d) The results of the fingerprint reviews are valid and reviews are not required to be repeated as long as the person remains employed by or continues providing teacher/caregiver services in a child care facility; however, if a person has a break in service of one year or longer, the fingerprint reviews shall be repeated.

(e) Copies of State and Federal fingerprint results shall be retained in the staff file and available for review by Department staff, upon request.

(3) Center director and/or center co-director(s).

(a) There shall be a center director and/or center co-director(s), who, operating within the organization's chain of command, is responsible for the following:

(i) Administration and management of the center;

(ii) Safety and protection of the children;

(iii) Development and implementation of policies and procedures;

(iv) Communication with parents about the policies and procedures of the center;

(v) Staff hiring, supervision and ongoing professional development; and

(vi) Compliance with all applicable laws and regulations of the child care center.

(b) The center director(s) or a designee shall be physically present on-site during the hours of the center's operation. A center co-director is required when the program operates more than 12 hours per day.

(c) The center director and center co-director(s) shall be at least 21 years of age and meet one of the following qualifications:

(i) A college or university degree in early childhood education, child development, child psychology or a related field that includes at least eighteen credit hours in child development and/or early childhood education;

(ii) A bachelor's degree from a college or university in any subject area and six months experience working with children in a licensed, approved or registered child care facility;

(iii) An associate's degree from a college or university in early childhood education, child development and/or child psychology or a related field, that includes at least eighteen credit hours in child development and/or early childhood education with six months work experience in a licensed, approved or registered child care facility;

(iv) A diploma in child development/early childhood education from an institution of higher learning or a child development associate (CDA) credential, and one year work experience in a licensed, approved or registered child care facility; or

(v) A high school diploma or General Educational Development (GED) certificate with at least one year of work experience in a licensed, approved or registered child care facility. That year shall have included supervision of child care staff. A director/co-director who is prevented from obtaining a high school diploma or GED because of a disability, and who otherwise is qualified to perform the essential functions of the position, must have at least a high school Certificate of Completion with at least one year of work experience in a licensed, approved or registered child care facility. That year shall have included supervision of child care staff.

(4) Teacher(s)/caregiver(s)

(a) Teacher(s)/caregiver(s) shall meet the following qualifications:

(i) Be at least 18 years of age, and able to read and write.

(ii) A teacher/caregiver who began employment in a licensed, approved, or registered child care center in South Carolina after June 30, 1994, must have at least a high school diploma or GED and at least six months experience as a teacher/caregiver in a licensed, approved or registered child care facility.

(iii) A teacher/caregiver who is prevented from obtaining a high school diploma or GED because of a disability, and who otherwise is qualified to perform the essential functions of the position of teacher/caregiver, must have at least a high school Certificate of Completion and at least six months experience as a teacher/caregiver in a licensed, approved, or registered child care facility.

(iv) If a teacher/caregiver does not meet the experience requirements, the teacher/caregiver must be directly supervised for six months by a staff person with at least one-year experience as a teacher/caregiver in a licensed, approved, or registered child care facility.

(v) Within six months of being employed, a teacher/caregiver must have six clock hours of training in child growth and development and early childhood education or shall continue to be under the direct supervision of a teacher/caregiver who has at least one year of experience as a teacher/caregiver in a licensed, approved, or registered child care facility.

(vi) A teacher/caregiver who has two years experience as a teacher/caregiver in a licensed, approved facility and was employed as of July 1, 1994, in a licensed or approved child care center in South Carolina is exempt from the high school diploma, GED, and Certificate of Completion requirements of (ii and iii) above.

(vii) A teacher/caregiver with an undergraduate college or university degree in early childhood, child development, or a related field may begin working with the children immediately without additional supervision.

(b) Exception: A teacher/caregiver may be 16 or 17 years of age if he/she is continuously supervised by a qualified teacher/caregiver who is in the room at all times.

(c) Exception: Staff persons who were employed prior to the effective date of these revised regulations are not required to meet the staff qualifications specified in this chapter if the staff qualifications required in the prior regulations are met. If a teacher/caregiver has had more than a twelve-month break in service, the new guidelines shall be met for re-employment as a teacher/caregiver.

(5) Professional development.

(a) The director shall participate in at least twenty clock hours of training annually. Training shall be age appropriate for the child population served by the child care center and at least five hours shall be related to program administration and at least five hours shall be in child growth and development and health and safety excluding first aid and CPR training. The remaining hours may come from, but not be limited to, the following areas: Safety, Health, Nutrition, Guidance, or Professional Development and must include blood-borne pathogens training as required by OSHA.

(b) All staff, with the exception of emergency person(s) and volunteer(s), providing direct care to the children shall participate in at least fifteen clock hours annually. At least five clock hours shall be in child growth and development and at least five clock hours shall be in curriculum activities for children excluding first aid and CPR training. The remaining hours may come from, but not be limited to, the following areas: Guidance, Curriculum Activities, Nutrition, or Professional Development and must include blood-borne pathogens training as required by OSHA.

(c) When children with special needs are enrolled, the director and staff members shall receive orientation and/or training in understanding the child's special needs and ways of working in group settings when children with special needs are enrolled.

(d) All staff shall receive information regarding the developmental abilities of the age group(s) with whom the teacher/caregiver will be working.

(e) Records of training received shall be kept on the premises and include the name of the person trained, the person or persons conducting the training, date, number of hours, location, and the competency area of the training.

(f) At least one person who is certified in pediatric first aid, including rescue breathing, CPR, and management of a blocked airway shall be present in the center at all times when children are in care, and during group outings or field trips. Training shall be provided by an individual who is certified as a trainer by a recognized health care organization.

114-524. Application of Staff:Child Ratios.

A. Children shall be directly supervised at all times by qualified staff persons.

(1) Directly supervised shall be defined as:

(a) For infants and toddlers: staff persons shall be in the same room or area as the children and the children shall be within their sight at all times; and

(b) For preschool and school age children: staff persons are in the same room or area, readily accessible, aware and responsible for the ongoing activity of each child and able to intervene when needed.

(2) The center shall have a written procedure to account for the presence of each child as the child enters and exits the premise, enters and exits a vehicle or moves to a new location in or around the center.

(3) There shall be at least two staff persons in the center at all times.

(4) Children in feeding chairs shall be constantly supervised.

(5) Unsupervised isolation of a child shall not be allowed. The child shall be within sight of staff if isolation from the group is used.

(6) Children shall not be subjected to:

(a) Withholding, forcing, or threatening to withhold or force food, sleep or toileting;

(b) The use of children to discipline other children; and

(c) Restraining children through drugs or mechanical restraints.

B. Ratios

(1) The following staffing ratios apply at all times children are present on the premises and during activities away from the center and shall be prominently posted in all classrooms.

STAFF:CHILD RATIOS

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Child's Age Staff:Child Ratio

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Two years after Three years after Four years after

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Birth to one year 1:5 1:5 1:5

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One to two years 1:6 1:6 1:6

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Two to three years 1:9 1:8 1:7

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Three to four years 1:13 1:12 1:11

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Four to five years 1:18 1:17 1:16

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Five to six years 1:21 1:20 1:19

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Six to twelve years 1:23 1:23 1:23

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(2) When there are mixed age groups in the same room, the staff:child ratio shall be consistent with the age of the majority of the children when no infants or toddlers are in the mixed age group. When infants or toddlers are in the mixed age group, the staff:child ratio for infants and toddlers shall be maintained.

(3) For mixed age groups, with one or more infants or toddlers, the ratios applicable to the youngest child in the group apply.

C. Nap time staff:child ratios

(1) During nap times the following ratios apply as long as at least one other staff person is readily available for each group of children ages two and older:

NAP TIME STAFF:CHILD RATIOS

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Child's Age Staff:Child Ratio

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Two years after Three years after Four years after

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Birth to one year 1:5 1:5 1:5

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One to two years 1:6 1:6 1:6

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Two to three years 1:18 1:16 1:14

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Three to four years 1:26 1:24 1:22

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Four and older 1:36 1:34 1:32

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D. Water safety staffing

(1) The following staffing ratios apply at all times while children are swimming, wading or near a water source. The staffing ratios shall also apply at all times while children are near a water body that poses a potential risk based upon the age of the child.

WATER SAFETY STAFF:CHILD RATIOS

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Child Age Staff:Child Ratio

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Birth to two years 1:1

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Two to three years 1:2

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Three to four years 1:3

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Four to five years 1:6

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Five years and older 2:25

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(2) All swimming activities shall be supervised by a person with current lifeguard training certification. If this is a staff person who has current lifeguard training certification, they may be included in the staff:child ratio. In instances in which all staff members can, without the ability to swim, quickly reach any child, a certified lifeguard is unnecessary.

114-525. Health, Sanitation and Safety.

A. Child health

(1) There shall be a statement from a parent/guardian attesting to the health status of the child within 30 days prior to admission and utilizing the appropriate DSS Form.

(2) Children shall be excluded from child care when they exhibit the conditions listed in the DHEC Exclusion Policy.

(3) During hours of operation there shall be no smoking or consumption of alcoholic beverages in the areas used by children or in the food preparation or storage areas. Smoking shall be permitted only in designated areas, a safe distance from the center. Consumption of alcoholic beverages or use of other non-prescription narcotic or illegal substances is prohibited on the center premises. People who appear to be under the influence of alcohol or other drugs shall not be in the center when children are present.

B. Sanitation

(1) Staff shall ensure that children's faces and hands are clean.

(2) Furniture, toys, and equipment that come into contact with children's mouths shall be washed, rinsed, and sanitized daily and more often if necessary.

(3) Furniture, toys and equipment soiled by secretion or excretion shall be sanitized before reuse.

(4) Linens and blankets as well as cribs, cots, and mats shall be cleaned at least weekly.

(5) If playpens are used, they shall have waterproof, washable, comfortable pads.

(6) If children brush their teeth at the center, each child shall have a separate, labeled toothbrush, stored with bristles exposed to circulating air, and not in contact with another toothbrush.

C. Emergency medical plan

(1) The center shall have an emergency medical plan to address the following:

(a) Medical conditions under which emergency care and treatment is warranted;

(b) Steps to be followed in a medical emergency;

(c) The hospital or source of health care to be used;

(d) The method of transportation to be used; and

(e) An emergency staffing plan.

(2) Emergency information for the child shall be taken with the child to the hospital or emergency location.

(3) A staff person shall remain with the child at the hospital or emergency location until the parent arrives.

D. Medications or medical procedures

(1) Written, signed and dated parental consent is required prior to the administration of any prescription or over the counter medication or administration of special medical procedures.

(a) All medications shall be used only for the child for whom the medication is labeled;

(b) Medications shall not be given in excess of the recommended dose; and

(c) Prescribed special medical procedures ordered for a specific child shall be written, signed and dated by a physician or other legally authorized healthcare provider.

(2) Storage of medications.

(a) All medications shall be kept in their original labeled containers. The child's first and last name shall be on all medications.

(b) All medications shall be stored in a separate locked container under proper conditions of sanitation, temperature, light, and moisture.

(c) Discontinued and expired medications shall not be used and shall be returned to the parent or disposed of in a safe manner.

(3) Medication log.

(a) For each medication that is administered by a staff person, a log shall be kept including the child's name, the name of the medication, dosage, date, time and name of person administering the medication. This information shall be logged immediately following the administration of the medication and a copy provided to the child's parent(s)/guardian(s).

(4) Medication errors.

(a) Medication errors, e.g. failure to administer a medication at the prescribed time, administering an incorrect dosage of medication or administering the wrong medication; shall be recorded in the child's record.

(b) The parent shall be immediately notified and notified in writing of a medication error or a suspected adverse reaction to a medication.

E. First aid kit

(1) A first aid kit shall be available for the treatment of minor cuts and abrasions and shall be stored in a location inaccessible to children.

F. Diapering

(1) Each room in which children who wear diapers are cared for shall have its own diaper-changing area adjacent to the hand-washing sink.

(2) Facilities caring for infants shall provide a diaper changing area located within clear view.

(3) Diaper changing procedures shall be consistent with those recommended by the Center for Disease Control and Prevention.

(4) Diapering surfaces shall be sanitizable.

(5) Diapering surfaces shall be clean, seamless, waterproof and sanitary.

(6) Diapering surfaces shall be cleaned and sanitized after each use by washing to remove visible soil followed by wiping with an approved sanitizing solution (e.g. 1 tablespoon liquid chlorine bleach per one quart of water) and/or disposable, non absorbent paper sheets approved for this purpose and shall be discarded immediately after each diapering.

(7) Blood contaminated materials and diapers shall be discarded in a plastic bag with a secure tie, or in a manner approved by OSHA or the county in which the center is operating. Surfaces contaminated with blood or blood-containing body fluids shall be cleaned with a solution of chlorine bleach and water, or in a manner approved by OSHA or the county in which the center is operating.

(8) Diapering shall occur only at a diapering changing area or in a bathroom.

(9) Diapering changing areas shall not be used for any purpose other than for diapering.

(10) Individual disposable wipes shall be used at each diaper change and shall be placed in a plastic-lined, covered container and disposed of properly, and kept out the reach of children.

(11) Each waste and diaper container shall be labeled and clean and free of build-up of soil and odor. Wastewater from such cleaning operations shall be disposed of as sewage.

(12) Soiled disposable diapers and disposable wipes shall be kept in a closed, labeled hands-free operated, plastic lined receptacle within arm's reach of diaper changing area separate from other trash. Soiled non-disposable items shall be kept in a sealed plastic bag after feces shall be disposed of through the sewage.

(13) Disposable non-absorbent paper sheets shall be disposed of immediately after diapering is completed.

(14) Soiled disposable diapers shall be disposed outside the building daily. Soiled non-disposable diapers shall be kept in a sealed plastic bag and returned to the parent daily.

(15) Staff shall check diapers and clothing at a frequency that ensures prompt changing of diapers and clothing.

(16) No child shall be left unattended while being diapered.

G. Staff health

(1) The director shall maintain the following records in the center for herself/himself, staff, and emergency person(s):

(a) Medical statements required by the Department and completed by the staff person verifying whether his/her health is satisfactory. Medical statements shall be updated as necessary;

(b) A health assessment from a health care provider assessing the ability of the staff person to work with children. The health assessment shall be completed within three months prior to employment or within the first month of employment and shall include health history, physical exam, vision and hearing screening, tuberculosis screening, and a review of immunization status. A new health assessment shall be obtained by the director and staff at least every four years after the initial assessment or as necessary; and

(c) Written evidence from a physician or health resource attesting that each staff person is free from communicable tuberculosis at the time of employment and subsequently according to state statute.

(2) No person who is known to be afflicted with any disease in a communicable form, or who is a known carrier of such a disease, or who is afflicted with boils, infected wounds, or sores or acute respiratory infection, shall work in any capacity in a child care center in which there is likelihood of such person transmitting disease or infection to other individuals.

(3) Any staff member, including the director, emergency person(s) and volunteer(s) who, upon examination or as a result of tests, shows a condition that could be detrimental to the children or staff, or which would prevent satisfactory performance of duties, shall not continue work at the child care center until the healthcare provider indicates that the condition no longer presents a threat to children or staff.

(4) Staff persons shall wash their hands with soap and warm running water upon arrival at the center, before preparing or serving food, before assisting a child with eating, after assisting a child with toileting or diapering, before and after toileting, after administering medication, after cleaning, after assisting with wiping noses, after contact with body fluids, after contact with animals and after using cleaning materials. Hands shall be washed even if gloves are worn to perform these tasks.

(5) Staff shall be excluded when they exhibit the conditions listed in the DHEC Exclusion Policy.

H. Fire safety and emergency preparedness

(1) Private and public child care centers shall comply with the regulations and codes of the State Fire Marshal.

(2) In the event of a natural disaster or unscheduled closing of a child care center, the capacity may be exceeded temporarily to accommodate the displaced children. The director shall notify the Department of the situation and maintain appropriate staff:child ratios at all times. Required records shall be kept on file for the new enrollees.

(3) The facility shall have an up to date written plan for evacuating in case of a fire, natural disaster or other threatening situation that may pose a health or safety hazard. The facility shall also include procedures for staff training in this emergency plan.

I. Transportation

(1) If the center provides or arranges for transportation through contract, the following transportation requirements apply:

(a) The staffing ratios specified in 114-524B(1-3) apply. The driver of the vehicle shall not be counted in the ratios for infants or toddlers;

(b) Each child shall be secured in an individual, age-appropriate safety restraint at all times the vehicle is in motion;

(c) Safety restraints shall be used in accordance with the manufacturer's instructions;

(d) A child shall not be left unattended in a vehicle;

(e) Placement of children in the vehicle shall be in accordance with all applicable state and federal laws;

(f) The driver shall have a valid regular or commercial driver's license and shall be in compliance with Section 20-7-2725A(4) of the Code of Laws of 1976;

(g) There shall be a first aid kit and emergency information on each child in the vehicle;

(h) Use of tobacco products is prohibited in the vehicle;

(i) Written consent from the parent is required prior to transportation;

(j) When the facility provides transportation to and from the child's home, the facility staff shall be responsible for picking the child up and returning the child to a designated location; and

(k) The director and/or staff of the center shall provide the driver of the vehicle with a record that lists the name, address, and telephone number of the center, as well as names of children being transported.

(2) The following requirements apply for safe pick-up and drop-off:

(a) The center shall have safe crossways and pick-up and drop-off locations and communicate these locations to the parents;

(b) Children shall be directly supervised during boarding and exiting vehicles;

(c) The director and/or staff shall have on file, in the facility, written permission from parent(s)/guardian(s) for transporting children to and from the home, school, or other designated places, including center-planned field trips and activities; and

(d) Written transportation plans for routine travel shall be on file. Plans shall include a checklist to account for the loading and unloading of children at every location.

114-526. Physical Site.

A. Indoor space and conditions

(1) The director shall provide at least thirty-five (35) square feet of indoor play space per child, measured by Department staff from wall to wall. Department staff shall determine the total number of children to be cared for in each room by measuring and computing the rooms separately. Bathrooms, reception areas, isolation rooms, halls and space occupied by cupboards, shelves, furniture and equipment which are accessible to children for their use shall be allowable space. Kitchens, storage rooms and storage cabinets used solely for or by staff shall be excluded. Halls, although included in total indoor space, shall not be used for activities or storage of furniture and equipment.

(2) Ventilation.

(a) Child care areas, dining areas, kitchens and bathrooms shall be ventilated by mechanical ventilation, such as fans or air conditioning, or at least one operable window.

(b) If freestanding fans are used, fans shall have a stable base, be equipped with protective guards and be placed in a safe location.

(c) Windows, including windows in doors, when utilized for ventilation purposes shall be securely screened to prevent the entrance of insects.

(d) Windows accessible to children under 5 years of age that are above ground level of the building shall be adjusted to limit the opening to less than 6 inches or protected with guards that do not block outdoor light.

(3) Safety glass shall be used on clear glass windows and doors that are within thirty-two inches above floor level and that are accessible to children. Decals shall be applied to all glass or sliding patio doors and placed at eye level of the children being cared for at the facility.

(4) Lighting.

(a) Rooms, hallways, interior stairs, outside steps, outside doorways, porches, ramps and fire escapes shall be lighted.

(b) At least twenty foot candles of light shall be required on all work surfaces in food preparation, equipment washing, utensil washing, hand-washing areas, and toilet rooms.

(c) Adequate, safe lighting for individual activities, for corridors, and for bathrooms shall be provided.

(5) Environmental hazards.

(a) Safety barriers shall be placed around all heating and cooling sources, such as hot water pipes, fixed space heaters, wood- and coal-burning stoves, hot water heaters, and radiators, that are accessible to children to prevent accidents or injuries upon contact by the child.

(b) Knives, lighters, matches, projectile toys, tobacco products, microwave ovens and other items that could be hazardous to children shall not be accessible to children.

(c) To prevent lead poisoning in children, child care centers shall meet applicable lead base paint requirements, as established by the DHEC.

(d) Floors, walls, ceilings, windows, doors and other surfaces shall be free from hazards such as peeling paint, broken or loose parts, loose or torn flooring or carpeting, pinch and crush points, sharp edges, splinters, exposed bolts and openings that could cause head or limb entrapment.

(e) The use of sinks, equipment and utensil-washing sinks, or food preparation sinks for the cleaning of garbage and refuse containers and the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water or similar liquid waters is prohibited.

(f) Children shall not be present in the area during construction or remodeling and not in the immediate area during cleaning or in such a manner as not to create a condition that might result in an accident or cause harm to the health and safety of the children.

(g) The following items shall be secured or inaccessible to children for whom they are not age appropriate:

(i) Items that may cause strangulation such as blind cords, plastic bags, necklaces, drawstrings on clothing and string;

(ii) Items that may cause suffocation such as sand, beanbag chairs, pillows, soft bedding and stuffed animals; and

(iii) Items that may cause choking such as materials smaller than 1 1/4 inch in diameter, items with removable parts smaller than 1 1/4 inch in diameter, Styrofoam objects and latex balloons.

(6) Water supply.

(a) The water supply shall meet applicable requirements for water quality and testing in accordance with the DHEC.

(b) The center shall have hot and cold water under pressure. (Forty PSI recommended) If an individual private well water supply is used, the director shall obtain approval pursuant to DHEC to ensure safe location, construction, and proper maintenance and operation of the system.

(c) Hot water shall be between 100 and 120 degrees Fahrenheit.

(d) Safe drinking water shall be available to children at all times and there shall be no use of common drinking cups.

(e) If a water fountain is available, it shall be of an angle-jet design, maintained in good repair and kept sanitary. There shall be no possibility of mouth or nose submersion.

(f) Ice used for any purpose shall be made from water from an approved source. The ice shall be handled and stored in a sanitary manner.

(7) Temperature.

(a) Temperature shall be maintained between 68 and 80 degrees Fahrenheit as appropriate to the season while children are present in the center.

(b) When outdoor temperature exceeds 90 degrees Fahrenheit, caution shall be used when children are involved in outdoor physical activities.

(8) Sanitation.

(a) Clean and sanitary conditions shall be maintained indoors and outdoors, including indoor and outdoor recreational equipment and furnishings.

(b) Measures to control insects, rodents, and other vermin shall be taken to prevent harborage, breeding, and infestation of the premises.

(c) All solid wastes shall be disposed of at sufficient frequencies and in such a manner not to create a rodent, insect, or vermin problem.

(d) Trash in diapering areas shall be kept in closed, hands-free operated, plastic lined receptacles in good repair.

(e) Trash in kitchen areas shall be kept in closed, plastic lined receptacles.

(f) Trash in children's restrooms, classrooms, and eating areas shall be kept in plastic lined receptacles.

(g) Trash receptacles outside the building, shall be watertight with firm fitting lids that prevent the penetration of insects and rodents.

(h) Trash disposal and sewage system construction and usage shall be in accordance with local standards and ordinances.

(i) The use of child care room, bathroom, or kitchen sinks for cleaning of trash receptacles or cleaning equipment is prohibited.

(9) Doors.

(a) Protective gates shall be of the type that do not block emergency entrances and exits and that prevent finger pinching and head or limb entrapment.

(10) Landings, stairs, handrails and railings.

(a) Children shall not have access to a door that swings open to a descending stairwell or outside steps, unless there is a landing that is at least as wide as the doorway at the top of the stairs.

(b) Each ramp and each interior stairway and outside steps exceeding two steps shall be equipped with a secure handrail at the height appropriate for the sizes of the children at the center.

(c) Stairs shall have a nonskid surface.

(d) Each porch and deck that has over an 18-inch drop shall have a well-secured railing.

(e) Interior stairs that are not enclosed shall have a barrier to prevent falls.

(11) Electrical sources.

(a) The center shall be connected with an electrical source.

(b) Electrical outlets and fixtures shall be connected to the electrical source in a manner that meets local electrical codes, as certified by an electrical code inspector.

(c) Electrical outlets shall be securely covered with childproof covers or safety plugs when not in use in all areas accessible to children.

(d) No electrical device accessible to children shall be located so that it could be plugged into the outlet while in contact with a water source, such as sinks, tubs, shower areas, or swimming/wading pools unless ground fault devices are utilized.

(12) Bathrooms.

(a) There shall be at least one flush toilet for every 20 children over two years of age. Staff shall be included when determining availability of toilets if there are no staff rest rooms.

(b) If seat adapters are used for toilet training, they shall be cleaned and sanitized after each use.

(c) Toilet training equipment shall be provided to children who are being toilet trained.

(d) There shall be at least one sink with hot and cold running water under pressure for every 20 children over two years of age. Sinks shall be located in or near each toilet area.

(e) Toilets and sinks shall be at heights accessible to the children using them or shall be equipped with safe and sturdy platforms or steps.

(f) Privacy shall be provided for toilets used by preschool and school age children.

(g) Floor and wall surfaces in the toilet area shall have smooth, washable surfaces. Carpeting is not permitted in the toilet area.

(h) Toilets, toilet seat adapters, sinks, and restrooms shall be cleaned at least daily and shall be in good repair.

(i) Liquid or granular soap and disposable towels shall be provided at each sink.

(j) Children shall not be left unattended in a bathtub or shower.

(k) Easily cleanable receptacles shall be provided for waste material. Toilet rooms used by women shall be provided with at least one covered waste receptacle.

(l) Bathroom facilities shall be completely enclosed.

B. Outdoor space

(1) The director shall provide at least seventy-five (75) square feet of outdoor play space per child. Where outdoor space is insufficient at the center, the director and/or staff may take the children outdoors in shifts or utilize parks or other outdoor play areas which meet safety requirements and which are easily accessible.

(2) The outdoor space shall be free from hazards and litter.

(3) Outdoor walkways shall be free from debris, leaves, ice, snow, and obstruction.

(4) Children shall be restricted from unsafe areas and conditions such as traffic, parking areas, ditches, and steep slopes by a fence or natural barrier that is at least four feet high.

C. Furniture, toys, and recreational equipment

(1) Shall be clean and free from hazards such as broken or loose parts, rust or peeling paint, pinch or crush points, unstable bases, sharp edges, exposed bolts, and openings that could cause head or limb entrapment.

(2) Shall meet the standards of the CPSC, if applicable. Recalled products listed by the CPSC shall not be accessible to children.

(3) Shall be developmentally and size appropriate, accommodating the maximum number of children involved in an activity at any one time.

(4) The sides of playpens shall remain latched as long as a child is using the playpen. If playpens are used they shall have waterproof, washable, comfortable pads.

(5) Outdoor recreational equipment shall be made of durable, non-rusting, non-poisonous materials, and shall be sturdy.

(6) Stationary outdoor equipment shall be firmly anchored and shall not be placed on a concrete or asphalt surface. Cushioning material such as mats, wood chips or sand shall be used under climbers, slides, swings, and large pieces of equipment.

(7) Swings shall be located to minimize accidents and shall have soft and flexible seats.

(8) Cushioning material shall extend at least six feet beyond the equipment and swings.

(9) Slides shall have secure guards along both sides of the ladder and placed in a shaded area.

(10) Outdoor metal equipment shall be located in shaded areas or otherwise protected from the sun.

(11) Outdoor equipment shall be arranged so that children can be seen at all times.

(12) The height of play equipment shall be developmentally and size appropriate.

(13) Sand in a sand box shall be securely covered when not in use and, if outdoors, constructed to provide for drainage.

(14) Indoor recreational equipment and furnishings shall be cleaned and disinfected when they are soiled or at least once weekly and shall be of safe construction and free of sharp edges and loose or rusty points. Indoor recreational equipment and furnishings shall be clean and shall be of safe construction and free of sharp edges and loose or rusty points.

(15) A properly fitting bicycle helmet that is approved by American National Standards Institute, Snell Memorial Foundation, or American Society for Testing and Materials, shall be worn by each child when riding a bicycle, skateboard, roller blades, or skates. Helmets are optional for use with tricycles.

D. Rest equipment

(1) Cribs shall meet the requirements of the CPSC.

(2) Individual, clean, developmentally appropriate cribs, cots, or mats shall be provided for each infant, toddler and preschool child, and used only by that child until they have been sanitized.

(3) Cribs, cots, and mats shall be made of easily cleanable material.

(4) Placement of sleeping and napping equipment shall allow ready access to each child by staff.

(5) Individual, clean, appropriate coverings shall be provided.

(6) Cots and mats shall be stored so that the surface on which a child lies does not touch the floor.

E. Environmental hazards

(1) Poisons or harmful agents.

(a) Poisons or harmful agents shall be kept locked, stored in the original containers, labeled and inaccessible to children.

(b) Poisons or harmful agents shall be purchased in childproof containers, if available.

(c) Play materials, including arts and crafts, shall be non-poisonous.

(d) Poisonous plants are not permitted.

(e) Pesticides shall be of a type applied by a licensed exterminator in a manner approved by the United States Environmental Protection Agency. Pesticides shall be used in strict compliance with label instructions and should not be used while children are present. Pesticide containers shall be prominently and distinctly marked or labeled for easy identification of contents and stored in a secure site accessible only to authorized staff.

(2) Water hazards.

(a) Swimming pools located at the center or used by the center shall conform to the regulations of DHEC for construction, use, and maintenance.

(b) Swimming pools, stationary wading pools and other water sources such as ditches, streams, ponds, and lakes shall be made inaccessible to children by a secure fence that is at least 4 feet high; exits and entrances shall have self-closing, positive latching gates with locking devices;

(c) Children shall not be permitted in hot tubs, spas, or saunas.

(d) Children shall not be permitted to play in areas where there are swimming pools or other water sources without constant supervision.

(3) Firearms, weapons, and ammunition are not permitted in the center or on the premises without the express permission of the authorities in charge of the premises or property. This does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science.

(4) Animals: The following requirements apply in regard to animals:

(a) Healthy animals which present no apparent threat to the health and safety of the children shall be permitted, provided they are cleaned properly housed, fed and cared for and have had required vaccinations, as appropriate. Live animals shall be excluded from areas where food for human consumption is stored, prepared or served;

(b) Animals shall not be permitted if a child in the room or area is allergic to the specific type of animal;

(c) Animal litter and waste shall not be accessible to children; and

(d) Reptiles and rodents shall not be accessible to children without adult supervision.

114-527. Meal Requirements and Preparation, Serving, Storage and Protection of Food Supplies, Utensils and Equipment.

A. Meal requirements

(1) If food is provided by the facility, the following requirements shall be met:

(a) Daily menus shall be dated and posted in a conspicuous location in public view;

(b) Meals and snacks provided shall be in compliance with the USDA Child Care Food Program Guidelines. Centers that do not provide overnight care shall serve at least one meal and at least one snack that meet USDA Child Care Food Program Guidelines. Centers providing care between the hours of 6:00 p.m. and midnight shall additionally meet USDA Child Care Food Program Guidelines in serving dinner and at least one additional snack. Meal components and serving sizes shall be in accordance with these guidelines;

(c) Only Grade A pasteurized fluid milk and fluid milk products may be given to any child less than 24 months old, except with a written permission from the child's health provider;

(d) Whole milk may not be served to children less than 12 months of age, except with a written permission from the child's health provider; and

(e) Reconstituted milk shall not be served to any child, regardless of age.

(2) Food served shall be suited to the child's age and appetite. Second portions shall be available.

(3) Round, firm foods shall not be offered to children younger than four years old. Examples of such foods include: hot dogs, grapes, hard candy, nuts, peanuts, and popcorn. Hot dogs may be served if cut lengthwise and quartered; grapes may be served if cut in halves.

(4) All food in child care centers shall be from a source approved by the health authority and shall be clean, wholesome, unspoiled, free from contamination, properly labeled, and safe for human consumption.

(5) The use of food in hermetically sealed containers that was not prepared in an approved food-processing establishment is prohibited.

(6) The use of home-canned foods is not allowed.

(7) The following requirements shall be met when it is necessary to provide meals through a catering service:

(a) Catered meals shall be obtained from a food service establishment approved by the DHEC;

(b) If adequate cleaning and sanitizing equipment is not available, only disposable eating and drinking utensils shall be used to serve catered meals or food; and

(c) The procedures and equipment used to transport catered meals shall be approved by the DHEC.

(8) Meals and snacks may be provided by the center or the parent. The center shall have a small supply of nutritional food and beverages available in the event a parent neglects to bring the child's food on an unanticipated basis.

(9) Dietary alternatives shall be available for a child who has special health needs or religious beliefs.

(10) Written permission/instructions for dietary modifications signed by the child's health care provider or parent or legal guardian are required.

B. Food preparation

(1) Adequate hand-washing facilities equipped with hot and cold water under pressure, supplied through a mixing faucet, shall be provided in the food preparation area. Hot water shall be between 100 and 120 degrees Fahrenheit. (Facilities shall not be required to install an additional hand-washing sink in the food preparation area if, in the opinion of the health authority, the existing hand-washing facilities are adequate.)

(2) Sanitary soap and towels shall be provided.

(3) Utensils, such as forks, knives, tongs, spoons, and scoops shall be provided and used to minimize handling of food in all food preparation areas.

(4) Staff shall thoroughly wash their hands and exposed areas of arms with soap and warm water in an approved hand-washing sink before starting work, during work as often as is necessary to keep them clean, e.g., after smoking, eating, drinking, or using the toilet. Staff shall keep their fingernails clean and trimmed.

(5) The outer clothing of all staff shall be clean. The director shall ensure proper hair restraints are worn to protect from falling hair.

(6) Staff shall neither use tobacco in any form while preparing or serving food, nor while in areas used for equipment or utensil washing or for food preparation. Staff shall use tobacco only in approved, designated areas.

(7) Potentially hazardous foods requiring cooking shall be cooked to heat all parts of the food to an internal temperature of at least 140 degrees Fahrenheit, with the following exceptions:

(a) Hamburger shall be cooked to at least 155 degrees Fahrenheit;

(b) Poultry, poultry stuffing, stuffed meats, and stuffing-containing meat shall be cooked to heat all parts of the food to at least 165 degrees Fahrenheit with no interruption of the cooking process;

(c) Pork and any food containing pork shall be cooked to heat all parts of the food to at least 150 degrees Fahrenheit; and

(d) Rare roast beef and rare beefsteak shall be cooked to surface temperature of at least 130 degrees Fahrenheit.

(8) Potentially hazardous food such as meats, cooked rice, and cream-filled pastries shall be prepared (preferably from chilled products) with a minimum of manual contact and on surfaces with utensils that are clean and sanitized prior to use.

(9) Metal, stem-type, numerically-scaled indicating thermometers, accurate to plus or minus three degrees Fahrenheit, shall be provided and used to ensure that proper internal cooking, holding, or refrigeration temperatures of all potentially hazardous foods are maintained.

(10) Potentially hazardous foods shall be thawed as follows:

(a) In refrigerated units at a temperature not to exceed 45 degrees Fahrenheit;

(b) Under potable running water from the cold water supply with sufficient water velocity to remove loose food particles;

(c) In a microwave oven only when food will be immediately transferred to conventional cooking equipment as part of a continuous cooking process or when the entire, uninterrupted cooking process takes place in the microwave oven; or

(d) As part of the conventional cooking process.

(11) All raw fruits and vegetables shall be washed thoroughly before being cooked, served, or placed in refrigerators.

C. Food service

(1) No child shall be deprived of a meal or snack if he/she is in attendance at the time the meal or snack is served.

(2) Easily breakable dinnerware shall not be used.

(3) Children shall not be forced to eat.

(4) Food shall not be used as a punishment.

(5) Children shall not be allowed in the kitchen except during supervised activities.

(6) Portions of food once served shall not be served again.

(7) Single-service articles shall be stored in closed cartons or containers to protect them from contamination.

(8) Use of common drinking cups is prohibited.

(9) Disposable cups, if used, shall be handled and stored properly to prevent contamination.

(10) Reuse of single service articles is prohibited.

(11) If potentially hazardous foods that have been cooked and then refrigerated are to be served hot, they shall be reheated rapidly to 165 degrees Fahrenheit or higher throughout before being served or before being placed in a hot food-storage facility. Steam tables, double boilers, warmers, and similar hot food holding facilities are prohibited from use for the rapid reheating of potentially hazardous foods.

D. Storage

(1) All food shall be properly labeled and stored, and shall be protected against contamination.

(2) The director shall provide refrigeration units and insulated facilities, as needed, to ensure that all potentially hazardous foods are maintained at 45 degrees Fahrenheit or below or 130 degrees Fahrenheit or above, except during necessary periods of preparation.

(3) Thermometers shall be accurate to plus or minus 3 degrees and conspicuously placed in the warmest area of all cooling and warming units to ensure proper temperatures.

(4) Containers of food, food preparation equipment and single service articles shall be stored at least 6"' above the floor, on clean surfaces, and in such a manner to be protected from splash and other contamination.

(5) Food not subject to further washing or cooking before serving shall be stored in such a manner to be protected against contamination from food requiring washing or cooking.

(6) The storage of food or food equipment, utensils, or single-service articles in toilet rooms and under exposed sewer lines is prohibited.

(7) Custards, cream fillings, or similar products which are prepared by hot or cold processes shall be kept at safe temperatures except during necessary periods of preparation and service.

(8) All cleaning supplies, detergents, and other potentially poisonous items shall be stored away from food items and shall be inaccessible to children.

E. Cleaning, storage, and handling of utensils and equipment

(1) Tableware shall be washed, rinsed, and sanitized after each use.

(2) All kitchenware and food-contact surfaces of equipment shall be washed, rinsed and sanitized.

(3) The cooking surfaces of cooking devices shall be cleaned as often as necessary and shall be free of encrusted grease deposits and other soil.

(4) Non-food contact surfaces of all equipment, including tables, counters, and shelves, shall be cleaned at such frequency as is necessary to be free of accumulation of dust, dirt, food particles, and other debris.

(5) After sanitation, all equipment and utensils shall be air-dried.

(6) Prior to washing, all equipment and utensils shall be rinsed or scraped, and when necessary, presoaked to remove gross food particles and soil.

(7) When manual dishwashing is employed, equipment and utensils shall be thoroughly washed in a detergent solution that is kept reasonably clean, be rinsed thoroughly of such solution, sanitized by one of the following methods:

(a) Complete immersion for at least 30 seconds in a clean solution containing at least 50 parts per million of available chlorine as a hypochlorite and at a temperature of at least 75 degrees Fahrenheit;

(b) Complete immersion for at least 30 seconds in a clean solution containing at least 12.5 parts per million of available iodine and having a pH no higher than 5.0 and at a temperature of at least 75 degrees Fahrenheit;

(c) Complete immersion for at least 30 seconds in a clean solution containing at least 200 parts per million of quaternary ammonium at a temperature of at least 75 degrees Fahrenheit; or

(d) Complete immersion in hot water at a temperature of 170 degrees Fahrenheit in a three-compartment sink.

(8) Other chemical sanitizing agents may be used which have been demonstrated to the satisfaction of the health authority to be effective and non-toxic under use conditions, and for which suitable field tests are available. Such sanitizing agents, in use solution, shall provide the equivalent bactericidal effect for a solution containing at least 50 parts per million of available chlorine at a temperature not less than 75 degrees Fahrenheit.

(9) A test kit or other device that accurately measures the parts per million concentration of the solution shall be available and used.

(10) All dishwashing machines shall be approved by DHEC and shall meet applicable installation requirements.

(11) Food-contact surfaces of cleaned and sanitized equipment and utensils shall be handled in such a manner as to be protected from contamination.

(12) Cleaned and sanitized utensils shall be stored above the floor in a clean, dry location so that food-contact surfaces are protected from contamination.

(13) Clean spoons, knives, and forks shall be picked up and touched only by their handles. Clean cups, glasses, and bowls shall be handled so that fingers and thumbs do not contact inside surfaces or lip-contact surfaces.

(14) Dish tables or drain boards of adequate size to properly handle soiled utensils prior to washing and for cleaned utensils following rinsing and sanitizing shall be provided.

FAMILY DAY CARE HOMES (PROVIDE CARE FOR NO MORE THAN SIX CHILDREN)

114-528. Definitions and Procedures.

A. Definitions.

Terms used in South Carolina Regulations, Chapter 114, Article 5, Part A, shall be all definitions cited in Section 20-7-2700 et seq., Code of Laws of South Carolina in addition to the definitions which follow:

(1) Emergency Person. An individual not regularly employed by the facility who is immediately available to serve as staff in the facility during emergency situations.

(2) Judicially Determined. A criminal conviction in a court of law which is either the result of a jury trial, guilty plea, plea of no contest or forfeiture of bond in cases of misdemeanor or a determination of child abuse or neglect in any court of competent jurisdiction.

(3) Original and Renewal Application for a License/Approval. Completed Department of Social Services (DSS) application form, completed DSS inspection study, completed health and fire inspection reports, current criminal history background records checks, written policies, and other related information deemed necessary by the Department to make a determination of issuance or non-issuance of a license/approval.

(4) Overnight Care. Care provided to children by the facilities defined in these regulations from 1:00 a.m. to 6:00 a.m.

(5) Parent. Biological or legal guardian of the child or individual or agency with physical or legal custody.

(6) Staff. Full-time and part-time administrative, program, service and volunteer personnel, including emergency persons.

(7) Supervision. Care provided to an individual child or group of children. Adequate supervision requires awareness of and responsibility for the ongoing activity of each child, knowledge of activity requirements and children's needs and accountability for their care. Adequate supervision also requires the operator and/or staff being near and having ready access to children in order to intervene when needed.

(8) Training. Participation during the calendar year in workshops, conferences, support groups, educational or provider associations, formal schooling, in-service training or planned learning opportunities provided by a child day care operator, director, other staff, or consultants. Training must be in subject areas related to child care, child development, and/or early childhood education and nutrition. Training for operators may also be in areas related to day care program administration and must include alternatives to corporal punishment.

(9) Volunteer. An individual whose services are involved in the operation of the family day care home without compensation on a daily, weekly or monthly basis, including parents, students, student teachers and other persons all of whom are subject to compliance with the same applicable regulations as paid family day care home staff.

B. Procedures for Pre-Application Consultation and Original Registration.

(1) A potential operator of a family day care home may secure information about the registration or licensure process by contacting the State or local county Department of Social Services.

(2) The family day care home applicant shall have a working, listed telephone in the facility and shall make the telephone number available to parent(s)/guardian(s) of children enrolled in the facility and to Department staff.

(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 Day Care Homes, a copy of Section 20-7-2700 et seq., Code of Laws of South Carolina (Child Day Care 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 applicant shall complete the following:

(a) Complete and sign the required number of application forms;

(b) Obtain and submit to Department staff current (less than one year old) South Carolina State Law Enforcement Division (SLED) criminal history background records checks for himself/herself, substitute caregiver(s), emergency person(s) and volunteer(s).

(c) Provide written references with names, addresses and telephone numbers of at least three persons unrelated to the applicant who shall be contacted by the Department as references;

(d) Read the Suggested Standards For Family Day Care Homes;

(e) Furnish or review with parent(s)/guardian(s) of each child to be enrolled in the facility, a copy of the Suggested Standards;

(f) Secure a signed statement from each parent/guardian verifying that they have reviewed the Suggested Standards;

(g) Send required copies of completed and signed applications, required information regarding references and all signed statements from parent(s)/guardian(s) to Department staff;

(5) Department staff shall review the registration materials and shall complete the following:

(a) Contact by telephone within thirty days of receipt, the persons listed as references by the applicant and document their comments;

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

(c) Issue provisional registration when regulations can and will be met within a reasonable time and the deviations do not seriously threaten the health or safety of the children; or

(d) Deny the application for registration.

(6) If registration is issued, Department staff shall mail the registration directly to the potential operator.

(7) If Department staff proposes to deny an application for registration, the applicant shall be given written notice by certified mail indicating the reason(s) for the proposed action and the right of the applicant to appeal the decision in accordance with Department fair hearing regulations.

(8) If no written appeal is made, the application shall be denied as of the termination of the thirty day period.

C. Procedures for Registration Renewal.

(1) Department staff shall advise the family day care home operator in writing of the time and requirements for renewal one hundred and twenty days prior to the expiration date of the current registration.

(2) The operator shall complete the following:

(a) Complete and sign the required number of application forms;

(b) Provide the name(s) of additional person(s) to be contacted as references if original references are no longer active;

(c) Re-read the Suggested Standards for Family Day Care Homes;

(d) Furnish a copy of or review with parent(s)/guardian(s) of any new children enrolled in the facility the Suggested Standards;

(e) Secure a signed statement from each parent/guardian of new enrollees verifying he/she has reviewed a copy of the Suggested Standards;

(f) Send the required copies of the completed and signed application, the names of any person(s) to be contacted as new references, and signed statements from parent(s)/guardian(s) to the Department.

(3) Department staff shall review the registration renewal materials and shall complete the following:

(a) Contact by telephone within thirty days of receipt of references the person(s) listed as new references and document their comments;

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

(c) Issue provisional registration when regulations can and will be met within a reasonable time and the deviations do not seriously threaten the health and safety of the children; or

(d) Deny the application for registration renewal.

(4) If the registration is renewed, Department staff shall mail the registration directly to the operator.

(5) If the application for registration renewal is denied, Department staff shall give the operator written notice by certified mail indicating the reason(s) for the proposed action and the right of the operator to appeal the decision in accordance with Department fair hearing regulations.

(6) If no written appeal is made, the Department shall deny the application for registration renewal at the termination of the thirty day period.

D. Provisions of the Registration.

(1) Registration issued by the Department to a family day 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 facility ceases operation, the registration shall be returned to the Department within thirty days of facility closure.

(2) The current registration shall be displayed in a prominent location in the home during the hours of operation.

(3) The number of children present in the facility at any given time shall not exceed the number specified on the registration.

(4) A change in location shall automatically void the registration.

(5) The Department shall withdraw registration if the health and safety of the children is determined to be at risk or in threat of harm; if the operator cares for more children than the number stated on the registration; or if the operator fails to comply with the registration procedures defined in statute and these regulations.

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

(7) If no written appeal is made, the Department shall withdraw the registration at the termination of the thirty day period.

(8) The application for original registration or registration renewal may be denied or the registration may be withdrawn by the Department, if the operator, any staff including substitute caregiver(s), volunteer(s) and emergency person(s) or household member(s), abuses or neglects any child as defined in Section 20-7-490, (B), South Carolina Code of Laws, 1976, as amended.

E. Procedures for Securing An Original License/Approval.

(1) For the purpose of applying for a license/approval, the family day care home applicant shall comply with the South Carolina Department of Social Services Suggested Standards for Family Day Care Homes.

(2) An application for a family day care home license/approval must be completed on appropriate Department forms and shall be signed by the applicant. Department staff shall provide the applicant with the required number of forms, a copy of the current Suggested Standards and Regulations for Family Day Care Homes, a copy of Section 20-7-2700 et seq., Code of Laws of South Carolina (Child Day Care Statute), and a copy of sections of the Children's Code related to child abuse and neglect, with an explanation of procedures and information required by the Department.

(3) Department staff shall request in writing that health and fire officials make inspections of the facility.

(4) After giving the applicant prior notice, Department staff shall make an on-site visit to the proposed family day care home to determine compliance with appropriate regulations by completing a licensing/approval study.

(5) Health and fire officials shall inspect the facility to determine compliance with appropriate regulations and shall put their results in writing on the appropriate forms.

(6) Department staff shall review the findings of the complete application and shall take one of the following actions:

(a) Issue a regular license/regular approval if all provisions of the regulations, suggested standards and statute for the operation of a licensed/approved family day care home have been met;

(b) Issue a provisional license/provisional approval if deficiencies have been cited which would not place children at risk or in threat of harm; or

(c) Deny the application for a license/approval if cited deficiencies would place children at risk or in threat of harm.

(7) Failure of Department staff to approve or deny a complete application within ninety days shall result in the granting of a provisional license/provisional approval.

(8) If a regular license/regular approval is issued, Department staff shall mail the license/approval directly to the operator.

(9) The license/approval shall state the name of the operator, the address and type of child day care facility, the date on which the license/approval was issued and will expire, and the maximum number of children to be present in the facility at any one time.

(10) Department staff shall notify the operator as follows if a provisional license/provisional approval is issued or an application for a license/approval is denied:

(a) If a provisional license/provisional approval is issued, Department staff shall notify the operator in writing of deficiencies to be corrected. The deficiencies shall be cited on the back of the provisional license/approval and shall include the appropriate regulation number(s);

(b) If Department staff proposes to deny an application for a license/approval, the applicant shall be given written notice by certified mail indicating the reason(s) for the proposed action and the right of the applicant to request an appeal within thirty days after the receipt of the notice of denial.

(11) If a facility is found to be in operation after the Department has denied the application for a license/approval and the administrative appeal/review procedure has been completed, Department staff shall request that the circuit solicitor initiate injunctive action.

F. Procedures for License/Approval Renewal.

(1) For the purpose of applying for renewal of a license/approval, the family day care home operator shall comply with the South Carolina Department of Social Services Suggested Standards for Family Day Care Homes.

(2) One hundred and twenty days prior to the expiration date of the current license/approval, Department staff shall notify the operator in writing of the time and requirements for renewal and request health and fire inspections.

(3) The same Department actions cited above in E.(2) through (11), are applicable to the renewal process, except that Department staff shall initiate the license/approval renewal process one hundred and twenty days in advance.

G. Provisions of the License/Approval.

(1) A regular license/regular approval issued by the Department to the family day care home shall be valid for two years from date of issuance, unless revoked by the Department or voluntarily surrendered by the operator; provided, however, that a change in location, ownership or sponsorship of the facility shall automatically void the license/approval.

(2) A provisional license/provisional approval shall be issued for a period within which the deficiencies must be corrected and within the conditions stated in statute.

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

(4) An application for a license/approval shall be denied or the license/approval revoked by the Department if the operator, any staff, including substitute caregiver(s), emergency person(s), volunteer(s) or household member(s), abuses or neglects any child as defined in Section 20-7-490, (B), South Carolina Code of Laws, 1976, as amended.

(5) No family day care home shall have present at any time children in excess of the number for which it is licensed/approved.

H. Inspections, Consultation and Reporting for Registered and Licensed/Approved Family Day Care Homes.

(1) Upon receipt of a regulatory complaint, Department staff shall conduct an unannounced visit to the family day care home to investigate the complaint. If the complaint is written, Department staff shall provide a copy to the operator upon request.

(2) The operator may request consultative visits of Department staff or other qualified persons regarding suggested standards, regulations or other related matters. Department staff shall provide technical assistance to an operator as requested.

(3) The family day care home operator shall display the current registration or license/approval in a prominent location in the family day care home.

(4) The operator shall report to the Department when an occurrence takes place which may affect the status of the registration or license/approval.

(5) The operator shall notify Department staff of a change in location and/or major alterations to the building prior to the occurrence.

(6) The operator shall report the following information to Department staff:

(a) Accidents or injuries requiring professional medical treatment of any child or staff person while at the family day care home, or any death;

(b) Major damage to the facility;

(c) Charges or convictions of crimes against the operator, household member(s), substitute caregiver(s), emergency person(s) or volunteer(s);

(d) Any child protective services reports involving the operator, household member(s), substitute caregiver(s), emergency person(s) or volunteer(s).

(7) The operator shall cooperate with Department staff, law enforcement and other involved agencies during an investigation of child abuse or neglect. Cooperation shall include but not be limited to the following:

(a) Participate in informational conference(s) with Child Protective and Preventive Services staff;

(b) Release records of children and staff as requested;

(c) Allow access to facility premises for inspection upon request.

114-529. Infant and Toddler Care, Care for Mildly Ill Children, and Night Care.

A. Infant and toddler care

(1) Feeding, eating and drinking.

(a) Cups and bottles shall be labeled with the child's name and used only by that child.

(b) Infants shall be fed in accordance with the time schedule, specific food and beverage items and quantities as specified by the parent.

(c) Infants shall be held while being bottle fed until they are able to hold their own bottles. Bottles shall not be propped or given in cribs or on mats.

(d) Due to nutritional concerns, the microwaving of breast milk is prohibited. The microwaving of formula and other beverages is strongly discouraged due to the possibility of a burn injury to the child. However, if the facility plans to use this method of heating formula and other beverages, they must notify all parents in writing as part of the enrollment or orientation process.

(e) All warmed bottles shall be shaken well and the temperature tested before feeding to a child.

(f) Baby formula, juice, and food served in a bottle shall be prepared, ready to feed, identified, and packaged for single use for the appropriate user. Any excess formula, juice or food shall be discarded after each feeding. Formula, juice and food requiring refrigeration shall be maintained at 45 degrees Fahrenheit or below.

(g) Infants and toddlers shall not sleep with bottles in their mouths.

(h) Toddlers shall be offered water routinely throughout the day.

(i) Breast milk and formula shall be dated and labeled with the child's name and refrigerated until ready to use. Prepared formula and breast milk that is not frozen should not be saved for another day.

(j) Food for infants shall be cut in pieces one-quarter inch or less.

(k) Food for toddlers shall be cut in pieces one-half inch or less.

(2) Feeding chairs.

(a) Feeding chairs shall have a stable base.

(b) Feeding chairs shall have a safety strap that prevents the child from slipping or climbing out of the chair. The safety strap shall be used at all times the child is in the chair.

(c) Feeding chair trays shall be in good repair and made of an easily cleanable surface and shall not have chips or cracks.

(d) Feeding chairs shall be used only for eating or a specific, short time-limited tabletop play activity.

(e) Seat heights of feeding chairs shall be appropriate to the age and development of the child. Feeding chairs shall be in good repair and children shall be constantly supervised.

(3) Sleeping.

(a) Infants shall be placed on their backs to sleep unless the parent provides a note from a physician specifying otherwise.

(b) Crib mobiles shall not be permitted for infants or toddlers who can sit.

(c) Cribs shall not be placed next to each other so that one child may reach into the other child's crib.

(d) Two years from the effective date of these regulations, stacked cribs will no longer be permitted.

(4) Equipment and materials.

(a) The infant and toddler room shall have chairs for staff persons to sit while holding and feeding children; and

(b) Indoor space shall be protected from general walkways where crawling children may be on the floor.

(c) Mobile walkers are not permitted.

B. Care for mildly ill children

(1) Parent notification and instructions.

(a) If a child becomes ill while in care, the center shall notify the parent or responsible party immediately;

(b) If a child may have been exposed to a serious communicable disease that is spread through casual contact, the center shall notify the parents of all potentially exposed children about the nature of the illness and the potential exposure to the illness, and recommend consultation with the child's physician; and

(c) If a center chooses to provide care to a mildly ill child, the center shall receive instructions from the parent for any special care needs of the child.

(2) Policies and procedures.

(a) If a center chooses to provide care to a mildly ill child, the center shall have written policies and procedures specifying inclusion and exclusion from the group, communication with parents, recording of illness and care provided, specific types of illnesses and symptoms which prohibit care from being provided, special staff training required and emergency health procedures.

(b) Children shall be excluded when they exhibit the conditions listed in the DHEC Exclusion Policy.

(c) If a child is in a rest area due to illness, the child shall be directly supervised at all times.

(d) A hand-washing sink shall be in close proximity to the area designated for mildly ill children.

C. Night care

(1) Requirements for staffing ratios.

(a) Staff counted in the staffing ratios shall be awake, alert and attentive to the children at all times; and

(b) The supervision and ratio requirements for sleeping hours are the same as specified for napping in 114-524C.

(2) An unannounced emergency drill shall be held during sleeping hours at least every 60 days.

(3) Sleeping equipment.

(a) Each child shall have a bed with a solid foundation, a fire retardant mattress, a pillow, and bedding appropriate for the temperature of the center.

(b) Cots and portable beds are not permitted.

(4) Special bedtime routines as specified by the parent shall be followed to the extent feasible.

(5) Bathing.

(a) If children bathe at the center, there shall be one bathtub or shower with a slip resistant surface for every ten children.

(b) Each child shall have his or her own clean towel and washcloth.

(6) The center shall make arrangements with the parent to provide clean appropriate nightclothes.

(Statutory Authority: 1976 Code Section 43-1-80)

114-550. Licensure for Foster Care.

A. Definitions.

(1) Foster Care--This is care for children in the custody of the South Carolina Department of Social Services who must be separated from their parents or guardians. It is a temporary living arrangement within the structure and atmosphere of a private family home (kin and non relative), or a group home, emergency shelter, residential facility, child care institution, or pre adoptive home, and is utilized while permanent placement plans are being formulated for the involved children.

(2) Board Payments--These are monthly funds appropriated for daily care and maintenance for eligible children in foster care.

(3) The Foster Family--A family that is generally composed of a father and mother, but may be widowed, divorced or single adults, who are licensed by SCDSS, and who are mutually interested in and evidence a capability to care for foster children.

(4) Kinship Care Foster Family--This is a relative family that has been identified and licensed to provide foster care for a specified child or children. Unless otherwise stated, the term foster parent or foster family includes kinship foster care parents and families.

(5) Assessment Study--This is the actual documentation of the assessment study of a family or related family applying to provide foster care services, completed by designated agency staff of the South Carolina Department of Social Services or designated staff of a child placing agency.

(6) Child Placing Agency--For the purposes of these regulations, any person or entity who holds legal or physical custody of a child for the purpose of placement for foster care or adoption or a private placement, or a person or entity who facilitates the placement of children for the purpose of foster care or adoption or a private placement and, which for the purpose of these regulations, retain their own system of foster homes, is a child placing agency. Homes assessed by child placing agencies are licensed in accordance with the Department of Social Services licensing regulations and issued a license by SCDSS.

(7) Agency--South Carolina Department of Social Services.

(8) Foster child--for the purposes of these regulations, a child in the custody of SCDSS.

(9) Household member--for the purposes of licensing interviews and assessment, an individual who spends significant amounts of time (as defined by SCDSS or the child placing agency) in an applicant's household, can be considered a household member.

B. Applications.

(1) An application form shall be completed by all foster families desiring to be licensed and relicensed.

(2) Applicants must supply thorough, complete and accurate information. Incomplete or erroneous information or violation of regulations can be grounds for denial of an application, revocation of a current license or denial of a renewal.

(3) SCDSS or a licensed child placing agency reserves the right to request and consider additional information if needed during the licensing or renewal process. This additional information may be considered during the licensing or renewal decision-making process.

C. Licensing Procedure.

(1) Any application for licensure pursuant to these regulations shall be studied by SCDSS or a licensed child placing agency.

(2) A decision regarding each application for a license shall be made within 120 days subsequent to the date the standard application is completed by the applicant(s) and is received by SCDSS or the child placing agency. If SCDSS or the child placing agency has requested information that has not been received within 120 days, then the decision is stayed pending receipt of all information.

(3) An initial Standard license shall be issued or denied by the director of SCDSS or his/her designee based on the result of the assessment study and recommendation of SCDSS or child placing agency.

D. Licenses.

(1) The issued license shall not be transferable from either the address or foster family specified on the license.

(2) A Standard license shall be issued when all requirements of these regulations are met. A Standard license is valid for two years from the date of issuance.

(3) A Standard with Temporary Waiver license may be issued for up to 90 days. The utilization of this type of license is warranted when SCDSS or the child placing agency is acting in the best interest of children already in placement and for whom stability is necessary. The Standard with Temporary Waiver license shall include language that reflects the expiration period and the reason for the temporary waiver. No additional children may be placed during temporary waiver periods. Standard with Temporary Waiver licenses can be issued under the following circumstances:

(a) A standard licensed foster parent moves to a new home and SCDSS or child placing agency is waiting to receive written documentation that the fire and health inspections have been completed and any noted deficiencies have been corrected; or

(b) A standard license has previously been issued to a foster family and subsequently a household member reaches the age of eighteen years, or a new adult household member has entered the home since licensure, and SCDSS or child placing agency is waiting to receive written clearance on all background checks for that individual.

(4) A Standard-Exceeds Maximum Number Allowed license may be issued when a standard licensed foster parent receives placement of more children than allowed under requirements due to SCDSS or child placing agency trying to preserve unity of a sibling group or making an adoptive placement. This license can continue until the number of children again satisfies licensing requirements.

(5) No license issued shall be effective for more than two years from the date of issuance. Subsequent relicensure studies must be completed prior to the expiration of the last license.

(6) A foster home shall not be licensed for more than five (5) children, including the foster parents' own children and/or other children who are household members unless SCDSS or child placing agency is keeping siblings together or the placement has been court ordered.

(7) Foster Home licensure by more than one agency, or by more than one division within an agency, is not permitted.

E. Assessment Study.

(1) Each prospective foster family shall be assessed by designated staff of SCDSS or by designated staff of a licensed child placing agency.

(2) Such assessment shall be conducted in order to determine:

(a) Whether the applicant(s) complies with licensing requirements and standards;

(b) For which gender and age range of children the home can be licensed;

(c) Whether the prospective foster parents fully understand the purpose of foster care; and

(d) Applicant(s) and other household members ability to provide quality foster care.

(3) All members of the household over six years of age shall be assessed and interviewed in order to determine their willingness to accept a child and to evaluate the stability of the family unit.

(a) A minimum of one family interview, and one interview per individual, shall be conducted in the home with the prospective applicant, spouse, their children and other household members.

(b) The applicant and spouse shall provide information to SCDSS or the child placing agency staff that enables the licensing staff to interview adult children of the applicant and spouse.

(4) Documentation for the assessment summary at a minimum includes the following issues:

(a) motivations to foster parent;

(b) preferences related to placements;

(c) family history, relationships, parenting experiences, and coping ability;

(d) educational, health, and work history of family members;

(e) information on other household members, adult children, and related children not in the physical custody of the applicant or spouse;

(f) home environment and community resources;

(g) completion of preparation training;

(h) results of CPS/Sex Offender/SLED and FBI background checks;

(i) compliance with all requirements;

(j) income is reasonably secure and not dependent on board payments;

(k) appropriateness of day care arrangements for foster children; and

(l) family's overall understanding of the purpose of foster care and ability to provide quality foster care.

(5) The assessment summary and the SCDSS or child placing agency's recommendation shall be explained to the applicant. If SCDSS or the child placing agency is not recommending licensure, the applicant family should be offered the opportunity to elect to withdraw their application. If the applicant elects to continue their request to be licensed and if the application is denied, the reason(s) for the denial shall be provided in writing. The applicant shall be advised regarding the right to appeal.

F. Working Foster Parents.

(1) If foster parents are employed outside the home, a written statement outlining a total plan of care, including plans for any necessary emergency care for the child, shall be submitted by the foster family.

(2) Individuals who are to provide child care on behalf of employed foster parents must be interviewed by SCDSS or child placing agency staff prior to the issuance of a Standard license to a foster home.

G. The Requirements for Licensing of a Foster Family.

(1) The following requirements shall be met prior to the issuance of a Standard license to provide foster care:

(a) Background checks shall be documented including a review of abuse and neglect history, criminal history found with SLED and the FBI, and the Sex Offender Registry.

(i) The applicant(s) cannot be considered for licensure if an applicant and/or any household member over age eighteen has a substantiated history of child abuse and/or neglect and/or convictions of those crimes listed in SC Code 20-7-1642 and/or is listed on the SC Sex Offender Registry.

(ii) The applicant(s) may be considered for licensure if an applicant and/or any household member over age eighteen has a conviction, or has been pardoned for a conviction of an offense other than those offenses listed in SC Code 20-7-1642. The Director of SCDSS or his/her designee shall review the conviction or pardoned conviction taking into account the nature of the offense(s), any implications of the offense which have bearing on the individual having access to foster children; the length of time that has elapsed since the conviction(s); the applicant's life experiences indicating reform or rehabilitation during the ensuing period of time; and the fitness and ability to perform as a caregiver or the degree of risk which an individual may pose to children placed in the home. The Director of SCDSS or his/her designee shall document the basis of the decision to approve applicant in light of applicant's and/or household member's criminal record.

(2) The applicant(s) shall be able to access community services and activities.

(3) The applicant's home and property shall be inspected by licensing or child placing agency staff, State Fire Marshal authorities, and health authorities.

(a) A fire inspection by State Fire Marshal authorities who are required or permitted to inspect and enforce fire regulations must be conducted prior to the initial standard licensure.

(b) Annual fire inspections are required thereafter.

(c) A health inspection by such health authorities who are required or permitted to inspect and enforce health and sanitation regulations must be conducted prior to the initial licensure and as needed thereafter.

(d) Additional fire and health inspections are required if there is a change in residence.

(e) Additional fire and health inspections may be required if there are structural changes made to a residence or if such an inspection is deemed necessary by SCDSS or the licensed child placing agency.

(f) Any deficiencies must be corrected prior to initial licensure and/or relicensure.

(4) The applicants/foster parents shall:

(a) Be at least twenty one years of age or older. Age of foster parents should be considered only as it affects their ability to care for children within the age group applicant has expressed an interest in, and in relation to the probable duration of placement of a particular child.

(b) Have knowledge of the needs of children, be capable of meeting the needs of foster children and provide adequate foster care services;

(c) Be capable of handling an emergency situation;

(d) Be cooperative with SCDSS or child placing agency staff in furthering the best interest of the child; and

(e) Provide all relevant and factual information to SCDSS or the child placing agency.

(5) Foster parents must each have a minimum of fourteen (14) hours of appropriate foster care pre service training and which includes training on licensing requirements and expected standards of care prior to licensure commencing January 1, 2003.

(a) The foster parents will each subsequently be required to complete a minimum of fourteen (14) hours training each year, or twenty (28) hours prior to each subsequent relicensure commencing January 1, 2003.

(b) Viewing standard television programs or reading popular news or magazine articles will not be accepted for training hours and the training shall be provided by SCDSS or via another source which is approved by SCDSS.

(6) The applicant's or current foster family's income shall be reasonably secure and not dependent upon foster care boarding payments. The family shall supply verifiable information on family income and expenditures whenever requested to do so by SCDSS or the child placing agency.

(7) All applicants and household members shall submit an initial medical report by a duly licensed physician or licensed nurse practitioner verifying that such individuals are in reasonably good health, including an evaluation as to any communicable or contagious diseases. If deemed necessary by SCDSS or the child placing agency, additional medical reports may be required.

(a) If applicant/household member has sought treatment for issues related to mental health or drug or alcohol abuse, such information must be disclosed to SCDSS or the child placing agency during the assessment. Applicants shall only be licensed after consultation between SCDSS or the child placing agency staff and appropriate therapist, counselor or physician, if applicable, of the applicant/household member to obtain a history of rehabilitation and to assess the potential effects on their ability to care for children placed in the home.

(b) SCDSS or the child placing agency has the authority to request a psychological report on an applicant or household member, at the expense of the applicant, pursuant to securing information during the assessment study process that could indicate a need for professional consultation.

(c) Applicants/household members will execute the necessary releases to allow SCDSS or the child placing agency to access this information.

(8) A minimum of three written letters of reference shall be initially obtained in regard to foster parent applicants.

(a) If deemed necessary by SCDSS or the child placing agency, additional references may be required.

(b) should have known the applicants three years prior to the application and, unless specifically requested, should not be related to the applicants.

H. The following standards of care shall be maintained by foster families. Failure to comply with one or more of these standards of care may result in removal of foster children from the home and revocation of the foster home license:

(1) The child's daily routine shall be planned to promote the development of good health habits.

(2) Each child shall be provided with adequate health and hygiene aids.

(3) Space for a child's possessions shall be provided.

(4) The foster family home shall be able to comfortably accommodate a foster child as well as their own family.

(a) Each child in care shall be provided with his or her own bed and storage space, however same sex siblings may be allowed to share a bed or storage.

(b) No child may routinely share a bed or a bedroom with an adult and except for a child under one year of age, a child must not share a bedroom with an adult unless SCDSS or the child placing agency staff document extenuating circumstances exist.

(c) Children of opposite sex sleeping in the same bed must be limited to siblings under the age of four years. Children of opposite sex sleeping in the same room must be limited to children under the age of four years.

(d) Children shall sleep within calling distance of an adult member of the family, with no child sleeping in a detached building, unfinished attic or basement, stairway, hall, or room commonly used for other than bedroom purposes.

(e) No biological children of the foster family shall be displaced and made to occupy sleeping quarters prohibited in (b), (c) and (d) above because of a foster child being placed in the home.

(f) The top level of bunk beds shall not be used for children under the age of six years.

(5) If deemed appropriate by SCDSS or the child placing agency, the foster family will cooperate in assuring that foster children are able to maintain regular contact with their birth parents, siblings, and other significant relatives.

(6) Unless advised otherwise by the responsible agency, each foster child shall be prepared by foster parents to eventually leave the home.

(7) Foster parents shall follow instructions and suggestions of providers of medical and health related services. If receiving medication, a child's prescription shall be filled on a timely basis and medications will be administered as prescribed, and otherwise be kept secured.

(8) Foster parents shall obtain emergency medical treatment immediately as need arises, and shall notify SCDSS and child placing agency staff, no later than 24 hours of receiving such care.

(a) If the primary source of payment for medical care is medicaid, foster parents must insure that the child's card is accessible at all times.

(b) Foster parents should contact SCDSS for coordination of any elective or non-emergency surgical procedures as far in advance of the procedure(s) as possible.

(c) Any injuries sustained by a foster child must be reported as they occur and no later than 24 hours of incident.

(9) Foster parents are responsible for notifying SCDSS and child placing agency staff as soon as possible when a critical incident has occurred such as:

(a) Death of any child in the home;

(b) Attempted suicide by the child;

(c) Child is caught with a weapon or illegal substance;

(d) Child is charged with a juvenile or adult offense;

(e) Child is placed on homebound schooling or is suspended or expelled from school;

(f) Child has left the home without permission and has not returned.

(10) School attendance shall be in accordance with State law requirements and be in accordance with the ability and in the best interest of the child.

(a) The foster parents will assure that each foster child has access to education, educational opportunities and related services. Foster parents must emphasize the value of education and encourage and support children in their care to fully participate in educational activities;

(b) SCDSS will choose school foster child attends.

(c) SCDSS will not pay for costs associated with private tuition.

(d) Unless extenuating circumstances exist, foster parents shall not home school foster children. SCDSS must approve any such plan.

(11) Religious education shall be in accordance with the expressed wishes of the natural parents, if such wishes are expressed.

(12) All discipline must be reasonable in manner, moderate in degree and responsibly related to the child's understanding and need.

(a) Discipline should be constructive or educational in nature (e.g. withdrawal of privileges).

(b) Cruel, inhumane and inappropriate discipline is prohibited. This would include but not necessarily be limited to the following: head shaving or any other dehumanizing or degrading act; prolonged/frequent deprival of food or serving foster children meals which are not as nutritionally adequate as those served to other family members or requiring children to be isolated from other family members when eating, deprival of mail, slapping or shaking; a pattern of threats of removal from the home as punishment; disciplining a child for a medical or psychological problem over which he/she has no control (e.g. bedwetting, stuttering, etc.).

(c) All foster homes are subject to South Carolina laws relating to child abuse and neglect.

(d) The use of corporal punishment as a form of discipline is prohibited.

(13) Tasks which are assigned to foster children shall be appropriate to the ability of the child, similar to responsibilities assigned to other children, and geared toward teaching personal responsibility.

(14) Foster parents must assist older foster adolescents in their care in learning skills that are necessary for successful independent living.

(15) Varied recreational activities shall be available to each child.

(16) Infants and children shall not be left without competent supervision.

(17) Foster parents, in conjunction with SCDSS, shall keep a life book/scrapbook on each foster child placed in their home. Children's records and reports shall be kept confidential and shall be returned to SCDSS when a foster child leaves the foster home.

(18) Firearms and any ammunition shall be kept in a locked storage container except when being legally carried upon the foster parent's person; being used for educational, recreational, or defense of self or property purposes by the foster parent; or being cleaned by the foster parent.

(19) Applicant must be able to secure/supervise access to in ground or above ground swimming pools and maintain adequate supervision during periods of swimming.

(20) Fire escape plans must be developed, posted and routine drills conducted.

(21) A plan for how the family will respond and travel in the event of a disaster (e.g., a hurricane evacuation) must be developed and shared with SCDSS or child placing agency.

(22) All pets must be kept current with rabies vaccinations and proof of such provided. Pets must not pose a safety concern. SCDSS or the child placing agency will determine what constitutes a safety concern.

(23) Applicants and current licensed families must make themselves reasonably available on an ongoing basis to SCDSS or the child placing agency for statutorily required contacts or other contacts SCDSS or the child placing agency deems necessary. SCDSS or the child placing agency has the right to make unannounced visits, and talk to any foster child on an as needed basis.

(24) Board payments shall be utilized but not limited to reimbursement for a foster child's board, school expenses, food, clothing, incidentals, minor medical needs and other expenses.

(25) A foster home shall not provide full time care for more than five (5) children, including the foster parents' own children and/or other children who are household members unless SCDSS or the child placing agency is keeping siblings together or making an adoptive placement or the placement has been court ordered.

(a) No more than two (2) infants (age birth to one year) shall be placed in the same foster home without prior approval from SCDSS or child placing agency management staff.

(b) No foster home shall exceed the number of children stipulated on their issued license without permission from SCDSS or child placing agency staff.

(c) No foster home shall accept children referred by another public or private source without obtaining the permission of SCDSS or child placing agency staff prior to the actual placement.

(26) When a home is licensed to provide care for an unmarried mother, a plan for medical and hospital care, as well as appropriate protection from community stresses associated with pregnancy, must be made.

(27) A foster family is required to notify SCDSS or child placing agency staff of any significant change in the family/home including, but not limited to, any structural changes in the home; plans involving a change of residence; any major changes in the health of anyone living in the home; change in marital status and the addition of any occupants to the home; significant changes in finances; and criminal and/or child abuse allegation charges and/or investigations.

(28) No unrelated lodger or boarder shall be allowed to move into a foster home without the agency's concurrence. Foster children may be placed or remain in a foster home where there is an unrelated lodger or boarder or room mate after necessary safety checks have been made and written concurrence obtained by SCDSS or the child placing agency. Anyone over the age of eighteen years and living in the home must undergo a fingerprinting, SLED, Sex Offender, and CPS check. If children are already in placement, an affidavit must be submitted by the household member confirming there is no record. The license must be amended to a Standard with Temporary Waiver until the results of the submitted checks have been received.

(29) Applicants or current foster families must advise SCDSS or the child placing agency staff prior to opening a day care or other home based business in the home.

(30) Foster parents shall transport children in accordance with state public safety laws.

I. Records Documentation Required for Child Placing Agencies.

(1) All child placing agencies in the State shall keep records regarding each of their foster children containing the following information:

(a) The child's name;

(b) The child's birth date;

(c) The date of his admission and discharge from each foster care placement;

(d) Name, address and telephone number of relatives;

(e) Place and hours of employment of child's relatives; and

(f) Name, address and telephone number of available physician.

(2) All child placing agencies in the State shall keep records regarding each of their foster homes and said records shall contain documentation of compliance with these regulations and SCDSS procedures related to foster home licensing.

J. Adoption of Foster Children by Foster Parents.

(1) Foster parents may apply to adopt a foster child.

(2) Foster families who have been approved for adoption will be given first consideration for the adoption of a foster child under the following conditions:

(a) The child has been in the same foster home for a consecutive six months period of time or more; and

(b) The child is legally free for adoption; and

(c) Placement for adoption with the foster family is deemed to be in the best interest of the child by SCDSS or the child placing agency.

K. Initial Licensing, Renewal, Denial, Revocation, and Termination of License.

(1) Foster family licenses shall be studied for renewal every two years and prior to the expiration of the last license.

(2) Renewal process requirements include documentation of annual fire inspection, additional training hours, background checks through CPS, SLED, and Sex Offender Registry, home visit, assessment of ongoing compliance with requirements and standards of care, and any additional requirements as SCDSS or the child placing agency staff may deem necessary.

(3) A license will not be issued or renewed if licensing requirements are not met, or standards of care have not been maintained as prescribed within these regulations or if, in the opinion of SCDSS, it would be detrimental for children to be placed in the home. Written notification of the denial, signed by the director of SCDSS or his/her designee will be mailed via certified mail from SCDSS to the applicant(s) or license holder. The notification will inform the applicant(s) or license holder of any right to appeal this decision pursuant to established SCDSS procedure.

(4) A foster home license may be revoked by SCDSS if minimum licensing requirements or standards within these regulations are not met, or, if in the opinion of SCDSS or child placing agency staff, it would be detrimental for additional children to be placed in the home. Written notification of the revocation, signed by the director of SCDSS or his/her designee will be mailed via certified mail from SCDSS to the license holder. The notification will inform the license holder of any right to appeal this decision pursuant to established SCDSS procedure.

(5) A foster family license shall be terminated when:

(a) The time specified on the license has elapsed; or

(b) The foster family has moved to a new location without applying for a change in license; or

(c) The license has been revoked or renewal denied and the time frame for appeal has elapsed; or

(d) A foster family voluntarily returns the current license to SCDSS of the child placing agency for cancellation or otherwise informs SCDSS or the child placing agency that they no longer desire to be licensed.

L. Kinship Foster Parents.

(1) Per federal policy, relatives being licensed must be licensed in accordance with the same requirements as non-relative applicants. SCDSS may waive, on a case by case basis, for relatives or non-relatives, non-safety elements as SCDSS deems appropriate. Safety elements such as history of child abuse/neglect, state and/or federal criminal history checks must not be waived. SCDSS must note on the standard license if there was a waiver of non-safety element and identify the element being waived.

(2) Relatives are given preference in placement options provided such placement is in the best interest of the child(ren).

M. Confidentiality.

(1) No foster family shall directly or indirectly disclose any information regarding foster children, their biological families/relatives or other individuals who have had control of the foster children, other than to professionals treating, caring and providing services for the child or others as SCDSS or the licensed child placing agency deems appropriate.

(2) Information that is disclosed shall be limited to information that is necessary to provide for the child's needs and in their best interest.

N. Prior Regulations Repealed.

All regulations concerning foster family homes previously promulgated by the agency are hereby repealed, including: Regulations 114-550 (Vol. 27).

O. Regulations Review.

These regulations are to be evaluated at a minimum, every five (5) years from the date of initiation, to assess the need for revision.

(Statutory Authority: 1976 Code Section 43-1-80)

114-590. Licensing of Residential Group Care Organizations for Children.

A. Definitions. Terms used in South Carolina Regulations, Chapter 114, Subarticle 9, shall be all definitions cited in the following regulations.

(1) Agency--Refers to the South Carolina Department of Social Services.

(2) Chemical restraints--Are drugs administered to temporarily restrain a child who poses a threat to harm themselves or others.

(3) Child--For the purposes of these regulations, a person under the age of twenty one.

(4) Child Care Staff--A paid professional who works at a child caring organization who helps serve children.

(5) Child Caring Institution--Any facility that provides residential care and maintenance to ten (10) or more children.

(6) Corporal punishment--Physical punishment inflicted directly upon the body.

(7) Facility--For the purposes of these regulations, the term facility includes those organizations which provide temporary or long term, full time residential care for children on a year round basis such as child caring institutions, emergency shelters, group homes and organizations with supervised individual living facilities. Child caring institutions and group homes may also be further categorized as low management facilities, moderate management facilities, and high management facilities. Boarding schools that do not operate year round or do not offer services beyond those associated with school programming are not encompassed within these regulations. All facilities are considered "residential institutions" for purposes of SC Code Section 20-7-670, governing institutional abuse and neglect.

(8) Facility Director--The person responsible for coordinating the general management, administration, and care of the children of a facility in accordance with licensing requirements and policies established by the advisory board.

(9) Group home--any facility that provides residential care and maintenance to fewer than ten (10) children.

(10) Group care--refers to the care and services provided by facilities.

(11) Isolation--Defined as the involuntary confinement of a person in a room where the person is physically prevented from leaving.

(12) Licensing Agency--South Carolina Department of Social Services.

(13) Restraint--Defined as any manual method, physical or mechanical device, material, or equipment attached or adjacent to the resident's body, that the individual cannot remove easily which restricts freedom of movement or normal access to one's body.

(14) Standard License--Issued when a facility meets all the requirements to obtain a license.

(15) Time Out--Defined as the temporary restriction of an individual for a period of time to a designated area from which the person is not physically prevented from leaving, for the purpose of providing the individual an opportunity to regain self-control. Time-out will last only for the shortest amount of time needed.

(16) Volunteers--Are persons, who of their own free will, provide goods or services to a facility with no monetary or material compensation.

B. General.

(1) Purpose of Licensing--The South Carolina Department of Social Services is legally mandated to license facilities for children (Code of Laws of South Carolina, 1981 Code Sections 20-7-2250). In carrying out that mandate, the overall purpose of licensing by the South Carolina Department of Social Services is to assure that residential group care organizations for children provide well rounded programs of care which include adequate protection, supervision and maintenance of children in care; safe physical facilities; and opportunities for appropriate learning experiences which allow for the healthy physical and mental growth of the children in care and are directed toward maximizing the potential of each individual to be well-adjusted, independent, and responsible.

(2) Compliance with Other Laws--All residential group care organizations must comply with all other applicable requirements of State and Federal laws.

C. Organization and Administration.

(1) Purpose and Need.

(a) At the time of application for licensing of a new facility, a facility shall submit a concise written statement addressing the following:

(i) Definitive statement of purpose and objectives with respect to type of residential child care to be provided;

(ii) Description of services offered;

(iii) Ages and genders of children accepted;

(iv) Types of children accepted (e.g., abused/neglected, emotionally disturbed, dependent/neglected, status offenders, etc.);

(v) The geographical areas from which children are accepted.

(vi) The facility shall reevaluate its functions periodically and redefine them as changing community needs necessitate. A copy of the revised statement shall be submitted to the agency when changes occur.

(2) Organization.

(a) Board of Directors.

(i) A for-profit organization may elect to have a board which functions in accordance with the organization's articles of incorporation or bylaws, complies with these licensing regulations and with applicable state and federal laws. A list must be submitted annually or whenever there is a change outlining the chain of command and the appropriate contact person(s) including names, addresses, and related phone numbers.

(ii) A not-for-profit organization shall be chartered by the Secretary of State and shall have a board which functions in accordance with the organization's constitution and bylaws. Facilities operated by a state agency are exempt from this requirement.

(iii) The bylaws of a board of a not-for-profit organization must provide for the following: at least one annual meeting held at the facility, a limitation of the number of consecutive terms a member may serve, an orientation for new board members, that board members not receive financial compensation for their services, and that board members are not employees of the organization.

(iv) Responsibilities of a board of a not-for-profit organization shall include: selecting the director to whom administrative responsibility is to be delegated, assuring that adequate funds are available; formulating or approving policies, accounting for the expenditure of funds, evaluating on an annual basis the performance of the director, ensuring that the Agency is informed of changes in administration, establishing and periodically reviewing policies on fund raising. The board of a facility shall have an opportunity to review and make recommendations on the items listed above.

(b) Finances.

(i) The facility shall have a sound plan of financing which assures adequate funds to carry out its defined purpose and to provide proper care for children.

(ii) A new facility shall have a predictable source of funds to finance its first year of operation and reserve funds or documentation of available credit equal to the operating costs of the first three months.

(iii) The facility shall prepare a budget each year for its facility showing anticipated income (including sources thereof) and expenditures. A copy shall be submitted to the licensing Agency.

(iv) All board-administered accounts shall be reviewed at least annually by a certified public accountant who does not serve on the board nor is otherwise employed by the facility. The report shall be made a part of the facility's record and a copy of the balance sheet submitted to the licensing Agency at the time of relicensing.

(v) In the event financial stability is questionable, the Agency may require a financial audit to be conducted by a certified public accountant.

(vi) Existing licensed facilities that are in good standing with the agency, and increasing the capacity by no more than twenty five (25) percent are exempt from the requirements to submit evidence of reserve funds or available credit.

(c) Procedural Manual.

(i) The facility shall develop and implement (and update as appropriate) a procedural manual to include, but not be limited to policies in the areas of: finance, procedures for appeals, complaints and grievances, emergency care in the event of a placement disruption, routine and emergency medical care, hospitalization, dental care, control of and administering medications, restraints, management of children's money, religion, community involvement for children, confidentiality, disaster plans, independent living services (if applicable), personnel, admission, discharge, discipline and firearms.

(ii) The staff of the facility shall be familiar with the procedural manual and a copy shall be made available to staff and the licensing agency.

(iii) The facility shall develop and implement personnel policies to include, but not be limited to: written job descriptions, orientation for new employees, training and staff development, role of staff as mandated reporters, written organizational plans/chart, routine or universal health precautions and infection control, work schedule requirements, volunteers, disciplinary actions, grievances and procedures for revisions of personnel policies.

(d) Administration.

(i) Executive Directors shall have qualifications consistent with the responsibilities of the position as determined by the governing board.

(ii) Facility Directors are responsible for the day to day operations of a facility and shall have the following qualifications: a Master's or Doctorate degree in social work or other related areas of study and one year of experience in the management or supervision of child care personnel, a child care program and/or a closely related field; or a Bachelor's degree and two years of experience in the management or supervision of child care personnel, a child care program or a closely related field; or an Associate degree and four years of experience in child care or a closely related field, including one year of experience in the management or supervision of child care personnel and program. Closely related fields acceptable in meeting these qualifications include social work, counseling, teaching, psychology, sociology, criminal justice, nursing, and recreational therapy.

(iii) Documentation of qualifications (e.g., a resume) shall be on file at the facility and shall be reviewed at the time of licensing/relicensing.

(iv) Facility Directors employed prior to July 1, 2002 will have a transition period of six years to meet the educational requirements.

(e) Staff.

(i) At a minimum, child care staff shall be responsible for the care, nurture, monitoring and supervision of children; supporting and promoting parental involvement when appropriate; reporting suspected child abuse and neglect to the Out of Home Abuse and Neglect Unit of the South Carolina Department of Social Services or to a law enforcement agency in the county where the child resides or is found; and guidance on independent living services, as appropriate.

(ii) Child care staff shall have a minimum of a high school diploma, certificate or equivalent, and shall be at least twenty-one (21) years of age. However, staff eighteen (18) to twenty-one (21) years of age, may serve children while being directly supervised by someone over twenty-one (21) years of age.

(iii) Documentation of qualifications (application) shall be on file at the facility and shall be reviewed at the time of licensing/relicensing.

(f) Training.

(i) Staff who work directly with the children must have a minimum of fourteen (14) hours of training related to child care annually.

(ii) The director shall submit an outline of the training to the licensing agency prior to implementation of the training to ascertain that the planned training will comply with this requirement.

(iii) Documentation of completed training shall be on file at the facility and shall be reviewed at the time of licensing/relicensing.

(iv) Prior to working with children, staff must have undergone a general orientation of the facility.

(v) A facility shall ensure at least one staff member per working shift is certified in first aid and cardiopulmonary resuscitation.

(vi) Within the first year of employment, staff must have fourteen (14) hours of training (not including first aid and cardiopulmonary resuscitation). Training topics should include but not be limited to: skill training in specific methods employed by the program, crisis management protocol, significance and value of birth and extended family, identifying and reporting child abuse and neglect, role of staff as mandated reporters, basic communication, interviewing skills, HIV/AIDS, information relating to transmission and prevention of infection, group dynamics, fire life safety, history and development of the service being provided (from the facility) and its current status, grief and loss issues for children in care, specific organizational policies and procedures, supervision and teaching skills, other education and/or training required by the state.

(vii) Training topics for annual continuing education (14 hours of training) may include but not be limited to: working with children who may have emotional, behavioral, physical problems, developmental delays, treatment care specific to the needs of the population served, individualized education and development plans, developmental needs of children, discipline, de-escalation and behavior management techniques, and suicide prevention.

(g) Volunteers.

(i) If volunteers are used as part of a facility's program of services, the facility shall have written policies to screen and select volunteers. Those volunteers who have opportunity for unsupervised contact with children must supply: a written application, must have an interview with the staff who is responsible for the supervision of volunteers, must have annual background screenings including a South Carolina Central Registry Check, SLED (South Carolina Law Enforcement Division) Check, Sexual Offenders Registry Check, and documentation of freedom of communicable or contagious diseases (annually) for all volunteers who work with children.

(ii) Documentation of the volunteer screening and orientation processes and appropriate notification procedures to the referral agency regarding the use of volunteers must be on file at the facility to be reviewed at the time of licensing/relicensing.

(iii) An orientation must include a review of the facility's program, policies and procedures, review of the duties of the volunteer, and a tour of the physical facilities.

(iv) Volunteers shall not substitute for staff and there must be a defined line of supervision with clear written expectations of the supervisor and volunteer.

(v) Volunteers shall be invited to participate in annual training required of other child care staff.

(vi) Individuals or groups who offer to provide a one-time or occasional voluntary service (parties, trainings, entertainment, etc.) and do not have unsupervised access to children, will only be required to undergo a brief orientation by the facility. At least one facility staff person must be available to supervise the activity.

(h) Staff to Child Ratio.

(i) Facilities are expected to maintain staffing levels to ensure that children are receiving quality services and are being adequately supervised. Different facilities will have different needs based on the population of children served. The needs of the children shall dictate the numbers of staff members needed.

(ii) Facilities providing therapeutic services (individual, group, recreational, psychiatric, counseling, etc.) requires a minimum staffing ratio of one (1) staff for every eight (8) children during the day and a staffing ratio of one (1) staff for every ten (10) children during the night.

(iii) A minimum of two (2) staff shall be available at all times.

(iv) Any children of live-in staff shall be included in the staff/child ratio.

(v) The Agency may require a higher staff/child ratio if an on-site review indicates that a child is at risk of abuse, and more supervision is needed to maintain control, discipline and adequate care.

(vi) All facilities must have a responsive system to provide for back-up staff in the event of an emergency or disruption.

(i) Staff Medicals.

(i) Staff shall have medical examinations at the time of employment and shall at least annually thereafter obtain documentation of freedom from communicable or contagious diseases.

(ii) Any staff member who is hospitalized or who contracts a disease or illness which may present a threat to the health of the children must have a satisfactory medical report prior to returning to his/her duties at the facility.

(j) Time Off for Residential Staff--Each full-time residential staff member shall have at least one weekend off each month (or equivalent) in addition to one day off each week.

(k) Criminal Activity--No person shall be employed, volunteer, or live on the premises of a facility who has been convicted, pled guilty or nolo contendere to:

(i) a substantiated history of abuse or neglect; or

(ii) an "Offense Against the Person" as provided for in Chapter 3, Title 16; or:

(iii) an "Offense Against Morality or Decency" as provided for in Chapter 15, Title 16; or

(iv) contributing to the delinquency of a minor as provided for in Section 16-17-490; or

(v) the common law offense of assault and battery of a high and aggravated nature when the victim was a person seventeen years of age or younger; or

(vi) criminal domestic violence, as defined in Section 16-25-20; or

(vii) a felony drug-related offense under the laws of this state; or

(viii) a person who has been convicted of a criminal offense similar in nature to a crime previously enumerated when the crime was committed in another jurisdiction or under federal law.

D. Buildings, Grounds and Equipment.

(1) Condition.

(a) Routine maintenance must be performed as needed to ensure buildings and equipment are safe and in good working order.

(b) A facility will be kept clean, orderly, and free of debris and trash, both indoors and out.

(c) A facility shall be effectively safeguarded against insects and rodents.

(d) Fences must be in good repair.

(e) Swimming and wading pools must be enclosed with protective fencing to restrict children's access and must be well maintained as mandated by DHEC (South Carolina Department of Health and Environmental Control).

(2) Fire Inspection.

(a) There shall be an annual inspection by the State Fire Marshal's Office or by a legally authorized local fire authority at the request of the State Fire Marshal.

(b) Based on the recommendations of the fire authorities, the Agency will make a determination as to whether or not the facility meets standards of fire safety for child caring purposes.

(c) A facility is responsible for any fees or related expenses for the fire inspection.

(d) A fire escape plan shall be posted in the facility in areas accessible to staff and children.

(3) Health Inspection.

(a) Each facility shall have an annual health and sanitation inspection.

(b) Based on the recommendations of the health authorities, the Agency will make a determination as to whether or not the facility meets standards of health and sanitation for child caring purposes.

(c) A facility is responsible for any fees or related expenses for the health inspection.

(4) Heating/Cooling.

(a) There shall be proper equipment for adequately heating and cooling in living, sleeping, sanitary, and working areas.

(b) Heating equipment shall be capable of maintaining a room temperature of not less than 68 degrees Fahrenheit. Cooling equipment shall be capable of maintaining a room temperature of not more than seventy-five (75) degrees Fahrenheit.

(c) Fireplaces, hot water/steam radiators and pipes, or any other heating device capable of causing a burn shall be protected by a screen or otherwise effectively shielded.

(d) Rooms with toilets, bathrooms, and bedrooms without operable windows must have adequate ventilation.

(5) Sleeping Rooms.

(a) Sleeping rooms for children shall be suitable and comfortably furnished with beds that are placed at least two feet apart. The rooms shall have outside window exposure or auxiliary means of ventilation, both intake and exhaust.

(b) Bedrooms shall provide a minimum of fifty square feet of space per resident.

(c) Bunk beds shall not be used without written permission from the licensing agency.

(i) Bunk beds must be limited to no more than one (1) bed above the other bed.

(ii) Children sleeping in the top bunk of a bunk bed must be at least six (6) years of age or older.

(iii) All bunk beds will be inspected by an Agency licensing representative.

(d) Children of the opposite sex who are five years of age or older shall not share a bedroom.

(e) Children over one year of age shall not share a bedroom with an adult unless:

(i) The infant has a physician documented illness; or

(ii) The infant's parent is a resident of the facility, the parent is requesting this arrangement, there is adequate space for both, and Agency approval is obtained.

(f) Each child shall have a separate bed with a level mattress long enough to accommodate him/her. Sufficient bed coverings to include linens shall be provided.

(g) Waterproof mattresses and pillow coverings shall be provided as needed.

(h) Children shall not sleep in a bed with an adult under any circumstances.

(i) No child shall sleep in a detached unsafe building, an unfinished attic or basement, a stairway, hall, or room designated or commonly used for other than bedroom purposes.

(j) Cribs and playpens shall have slats spaced no more than two and three-eights inches apart from the inside of each slat and shall have secure latching devices.

(k) Mattresses shall be fitted in cribs so that no more than two fingers can fit between the mattress and crib sides.

(6) Bathroom Facilities.

(a) There shall be at least one lavatory with adequate hot and cold water for every six children, a tub or shower and one indoor flush toilet for every eight children. Multiple toilets in one area shall be in separate compartments.

(b) Separate bathroom facilities shall be provided for girls and boys over five years of age.

(c) Ventilation shall be provided with either an open screened window or functioning exhaust fan.

(d) Mirrors or non-breakable reflective surfaces shall be provided in the bathrooms at levels easily accessible to children.

(7) Personal Effects.

(a) Personal effects, towels, wash cloths, toothbrushes, combs and other toilet articles shall be supplied for each child's use.

(b) Each child shall have a place separate from that of other children to keep his/her own personal effects (toys, books, pictures, etc.) as well as his/her clothing.

(c) Each child shall be permitted to bring safe and appropriate personal possessions with him/her and to acquire belongings of his/her own.

(8) Activities.

(a) Provision shall be made for space and suitable equipment for both indoor and outdoor recreation activities.

(i) Equipment shall be age appropriate, in good working condition, and well maintained.

(ii) Stationary equipment such as swings and slides shall be securely anchored and located to avoid accidents.

(b) Children shall be provided with opportunities for interaction in the community through age and developmentally appropriate activities that are educational, recreational, cultural, and social in nature.

(c) Appropriate activities for children's participation shall include school events, church activities, utilization of community recreation facilities, participation in community affairs, and attendance at cultural events.

(d) Documentation of recreational activities that were implemented and were appropriate to the developmental needs, and interests of children shall be on file in the facility and available for review by the Agency licensing representative.

(e) Off-Campus Activities--Facilities may make decisions regarding a child's participation in routine, instate activities that involve a child spending the night (or several nights) away from the facility for activities such as: camping trips, school related activity, church activity, or an overnight stay with a friend. Facilities must obtain consent from the legal guardian or parent(s) to allow such activities. The following must be taken into consideration when deciding the appropriateness of a child's participation in any off-campus event:

(i) Stipulations of a court order;

(ii) The child's background, presenting problems, abilities and interests;

(iii) If the activity is suitable, positive, and if it will contribute the child's development; and

(iv) The maturity and responsibility of the adults supervising the activity.

(9) Staff Facilities--Staff who reside on campus shall be provided with sleeping and bathroom facilities separate from the children. An exception for sleeping areas will be provided for facilities with staff awake during the night.

(10) Power or Vocational Tools.

(a) Staff must supervise children (on campus) while using equipment or tools.

(b) All equipment must be well maintained and in good working order.

(c) Power tools shall have intact safety devices.

(d) Power tools must be stored in a locked area not accessible to children.

(11) Zoning Compliance and Building Codes.

(a) The construction of a new facility, the conversion of an existing building for residential child care purposes, or the remodeling of a facility must comply with all applicable local zoning regulations and local and state building and fire codes.

(b) Architectural plans for new construction or structural changes must be approved by the State Fire Marshal's Office.

E. Services to Children.

(1) Admissions.

(a) Intake policies shall be clearly defined, and admission shall be in keeping with the intake policies and limited to those children who fall within the scope of the facility's purpose.

(b) Decisions about admissions shall be based upon an assessment (made prior to admission) of the total situation of the needs of the child and their family. If an emergency admission is made, the study shall be made immediately upon the reception of the child.

(c) Decisions regarding admissions shall be the responsibility of either the director and/or a Case Committee (which may include the director, the facility's social worker, the child care worker/houseparent, etc.) and shall be limited to those persons to whom this responsibility is assigned.

(2) Clothing.

(a) The facility shall request that the parent, legal guardian or placing agency provides each child with clothing and shoes individually selected, properly fitted, clean, and in good repair.

(b) Clothing shall be appropriate to the season and comparable to that worn by other reasonably dressed children in the community.

(c) Whenever possible, children shall be involved in the purchase and selection of new or donated clothing. Donated clothing may be used if in good condition.

(d) Clothing belonging to child shall be taken with them upon discharge.

(e) Children will be provided with the necessary equipment and supplies for outdoor activities at the facility.

(3) Nutrition.

(a) Meals with nutritional content that conforms to USDA recommendations shall be provided three times per day.

(b) Adults shall be present during the preparation and serving of meals.

(c) Menus shall be submitted initially by the facility for analysis by a qualified nutritionist or dietician (i.e., degreed or certified in the area of nutrition). Documentation of the analysis shall be on file for review at the time of licensing/relicensing.

(d) The same meal shall be provided for staff and children with the exception of the beverage.

(4) Discipline.

(a) The facility shall adopt (and revise as appropriate) a written discipline code which shall include all policies, procedures and practices on disciplinary actions which are to be utilized by staff and procedures to be followed in administering and reporting discipline. The discipline code shall be submitted at the time of licensing/relicensing and when revisions occur.

(b) The written discipline code shall be shared (initially and when changes occur) with all staff members, school aged children, parents, guardians and referral sources.

(c) The facility is subject to South Carolina laws relating to child abuse and neglect. The facility must immediately report incidents of suspected abuse or neglect to the South Carolina Department of Social Services. Staff shall be apprised of their role as a mandated reporter.

(d) Cruel, inhumane and inappropriate punishment is prohibited. This includes but is not limited to the following: head shaving or any other dehumanizing or degrading act; deprival of food or family visits; deprival of mail; slapping or shaking; the use of handcuffs; a pattern of threats of removal from the facility as a punishment; disciplining a child for a medical or psychological problem over which he/she has no control (e.g., bedwetting, stuttering, etc.); denial of communication and visits with family members; demeaning acts designed to embarrass children (i.e., pushing a peanut with your nose, dressing boys in girl's clothing, etc.); denial of essential program services; denial of shelter, clothing, or personal needs; excessive physical exercise; excessive work tasks; verbal abuse.

(e) Efforts will be made to ensure the language of the discipline procedures shall be within each child's cognitive ability.

(f) All discipline techniques must begin with the least restrictive methods. Children who have been placed by a public agency or who are in the custody of the state shall not be subjected to corporal punishment. Otherwise, written concurrence must be obtained by the parent or legal guardian.

(g) Isolation or time-out shall not be used for a child who is in danger of harming themselves.

(h) Isolation must not be used as a means of coercion, discipline, convenience, or retaliation, and must be discontinued as soon as the child demonstrates compliance.

(i) Isolation rooms must have appropriate lighting, remain unlocked, be well ventilated and must comply with the safety requirements as required by the State Fire Marshal.

(j) Isolation in excess of thirty (30) minutes, must be approved by the facility director and shall not exceed four (4) hours for child seventeen (17) years and older; two (2) hours for child between the ages of nine (9) and sixteen (16) years; or one (1) hour for child eight (8) years and under; unless approved by a physician, physician's assistant or nurse practitioner with prescriptive authority.

(k) An isolation monitoring log must be maintained which shall include, but not be limited to; the reasons for isolation, the length of time, and the name and signature of the staff member who monitored the child during the time the child was in isolation.

(5) Restraints--Facilities that use restraints shall have a written restraint policy that complies with the following:

(a) All child caring staff must be trained and certified through a nationally accredited restraint-training curriculum. If such training is not available, then a facility is to develop an internal training program.

(b) Restraints shall only be used in circumstances in which the child poses a significant threat to himself or others, when less restrictive interventions have already been attempted or are not appropriate, and when the client's condition has been taken into consideration.

(c) Chemical restraints may be implemented only under the supervision of a physician, physician's assistant or nurse practitioner with prescriptive authority.

(d) Restraints must be discontinued as soon as the child demonstrates compliance or is no longer deemed dangerous.

(6) Family Relationships/Visitation.

(a) Unless a child has been removed from the custody of his/her own family and visitation is specifically prohibited by a court order or other legal document, every effort shall be made (in coordination with the referral agency when one is involved) to strengthen family relationships and to help the parent(s) make a responsible plan for the permanent care of their child(ren). This shall include encouraging the parents/relatives to visit on campus and to have the child visit with them off campus as appropriate.

(b) Plans for family visitation shall be included in the written plan of care for the child.

(c) Correspondence between the child and the family shall not be censored, except in extreme circumstances (e.g., sending/receipt of contraband, dangerous materials, sexually explicit, etc.) with those involved being advised that their correspondence is being censored. The reason for censorship shall be documented in the child's record.

(7) Exploitation.

(a) A facility shall not use a child for solicitation of funds, without the written permission of the parent or legal guardian and the child (if more than ten years of age). This shall include the child making or giving public statements pertaining to his/her history or dependency on or gratitude to the facility; the facility making such public statements about a particular child; or having a child collect or solicit donations on behalf of the facility.

(b) A facility shall obtain the written consent of the child's parent(s), or legal custodian before using the child's name, photograph or other identifying information in any form of written, visual or verbal communication which will be made public (e.g., newspaper, television or radio articles/publicity materials; materials mailed or otherwise distributed by the facility to the public, etc.).

(8) Medical Care.

(a) Health Care.

(i) There shall be adequate provision for health care, with services available at all times. A child's general health care shall be under the direction of one specific doctor, clinic, or other licensed health facility.

(ii) Within six months prior to or within seventy-two hours after admission to a facility, the parent, legal guardian, or placing Agency shall ensure a child has a recorded medical examination conducted by a licensed physician or a licensed nurse practitioner.

(iii) A facility must be apprised of a child's physical condition, physical disability, or communicable diseases.

(iv) Each child shall be provided with appropriate inoculations. All necessary medical care with respect to treatment of illness and correction of physical disabilities shall be carried out promptly.

(v) Annual health examinations by a licensed physician or a licensed nurse practitioner shall be provided for each child except those less than three years of age who shall have an examination every six months.

(b) Hospitalization--The facility shall make provision and establish procedures for hospitalization when needed for children under its care.

(i) If a child is in need of hospitalization or medical treatment, the child's legal guardian, parent or caseworker must be notified as soon as possible.

(ii) Medical consent for planned hospitalization or a medical treatment must be obtained from the child's legal guardian, parent or an appropriate Agency representative.

(c) Illness and First Aid.

(i) Each member of the child care staff shall be able to recognize the common symptoms of illness of children and to note any obvious physical disability.

(ii) A facility shall ensure at least one staff member per working shift is certified in first aid and cardiopulmonary resuscitation.

(iii) A written first aid plan and a first aid kit shall be available to child care staff.

(d) Dental Care.

Each facility shall have a specific plan for dental care and dental health that shall be consistently followed. The plan shall provide for, at a minimum, annual checkups by a licensed practitioner.

(e) Health Records.

A continuous medical record reflecting each child's growth and development, illnesses, treatments, inoculations, dental care, etc., shall be kept at the facility.

(f) Medications.

(i) All medications shall be kept in a double locked secure area, accessible only to staff.

(ii) All prescription medication shall be labeled for the individual child including the dosage and frequency of the dose.

(iii) A log must be maintained to document when the medication was given, who administered the medication, and to record any changes in medication or treatment.

(iv) If medications are discontinued, the remaining medications shall be destroyed.

(g) Medical Costs--The person or entity with custody shall be responsible for payment of any medical services received.

(9) Academic and Vocational Training.

(a) Each facility shall be responsible for providing an opportunity for academic training and/or vocational training in accordance with the abilities and needs of the children.

(b) Facilities providing on-campus educational programs must meet compulsory education requirements as defined by the South Carolina Department of Education.

(c) Children who are eligible (based on federal standards) shall have independent living goals and strategies as part of their service plan.

(d) Children shall be permitted and encouraged to participate in extracurricular activities such as sports, art, and music to the extent of their interests.

(e) School attendance shall be in accordance with state law requirements and be in accordance with the ability and best interests of the child.

(10) Religion--Each facility shall have clearly defined policies regarding the availability of religious training for the information of those considering the placement of a child. This information shall be made available to parents, legal guardians and children.

(11) Disaster Plans.

(a) A written disaster plan must be included as part of the policy and procedure manual. The plans must be reviewed annually and resubmitted as part of annual relicensing requirements.

(b) In the event of a mandatory evacuation order due to a disaster, children are to be evacuated to a designated shelter or a safe location that is not threatened by the disaster.

(12) Discharge and Aftercare.

(a) The governing board shall adopt and update, as appropriate, written policies concerning discharge and aftercare.

(b) Careful evaluation shall be made on an ongoing basis in order to assess when and if a child may be returned to his/her own home, placed in a foster home or with relatives, or transferred to another facility better suited to meet his/her needs.

(c) A facility shall provide sufficient notice to the child and the referral source prior to discharge to allow arrangements for an appropriate alternative placement to be made.

(d) A facility will complete a discharge report for child residing in a facility for ninety (90) or more days. The discharge report shall include major recommendations and outcomes, list records to be transferred, and be available to the Agency or legal guardian within ten (10) days of discharge.

(13) Foster Home Care--Children placed in a facility of a particular organization may not be moved by that facility to one of its foster homes unless the facility is licensed as a Child Placing Agency and has the permission of the placing entity.

(14) Records--Every facility shall maintain a confidential (see South Carolina Code, 1976, 20-7-2280) case record stored in a locked or secure area, which may not be disclosed except for purposes directly connected with the administration of the facility or for the care and well being of a child. The file shall contain the following:

(a) Application for services.

(b) A study of the child in context of their family, provided by the referring party, including a statement regarding custody and legal responsibility for the child.

(c) A copy of the birth certificate provided by the placing entity.

(d) Authorization for medical treatment signed by parent or guardian.

(e) Reports on medical care, inoculations, dental care, and psychological and psychiatric reports, if any are available.

(f) Current record of the child's physical, emotional, social and academic progress in residential group care, and relationships with the family while the child is under care.

(g) Discharge information and plan for return to the community.

(h) A full report of the foster family and of the child in foster care shall be provided if foster home care has been given.

(i) Documentation that the legal guardian or parent has been informed whenever a child has been involved in a major behavior incident.

(j) Documentation of major behavior incidents.

(15) Transportation.

(a) Vehicles transporting children will comply with all state and federal laws.

(b) Transportation of children shall comply with "Jacob's Law" (Section 56-5-195).

(c) No vehicle shall transport more children than the manufacturer's rated seating capacity.

(d) The bed of an open body or stake bed vehicle must not be used for transporting children.

(e) Each facility must have a policy and tentative plan for transporting children in the event of an emergency or disaster.

(16) Tasks.

(i) Assigned tasks shall be appropriate to the age and abilities of the child and assigned for the purpose of training in skills and attitudes and in the proper assumption of personal responsibility.

(ii) The facility shall differentiate between tasks of daily living, jobs to earn spending money, and jobs to gain vocational training.

(iii) Daily living tasks shall be made known to the child during orientation and the child shall be given some choice in chores with duties that provide a variety of experiences.

(iv) The rules on jobs to earn spending money or gain vocational training shall be made known to all age appropriate children. Opportunities to participate shall be made available in accordance with the child's age and abilities and so as not to interfere with other educational activities.

(v) Children shall not substitute for staff nor regularly perform tasks more appropriately assigned to staff.

(vi) The facility shall comply with all Child Labor laws.

F. Licensing.

(1) Inquiries.

(a) Requests for information regarding an application for a license shall be sent to the South Carolina Department of Social Services (SCDSS). SCDSS will then send a copy of the rules and regulations governing the license. Consultation will be available upon request.

(b) If the facility is already in operation, a visit will be made by a representative of the Agency as soon as it can be arranged.

(2) Procedure for Licensing.

(a) With the initial application for a license, the following information shall be sent to the South Carolina Department of Social Services:

(i) Completed Application for License form.

(ii) A copy of the charter or law establishing the facility.

(iii) A copy of the constitution or bylaws, and operating procedures.

(iv) A statement of the purpose, scope of services to be provided, intake policy specifying age, sex, type of children to be accepted for care, and the area of the state in which it plans to operate and serve.

(v) A list of Officers and Governing Board members and other pertinent information regarding its facility which will show who has responsibility for policy making and administration.

(vi) A financial statement showing assets, income and sources thereof, verification of a minimum of three (3) months operating capital on hand, and expenditures for the past year. (For a new facility, the estimated income and expenditures for the first year shall be given).

(vii) Names and job classification of staff, education and work experience requirements.

(viii) The number of buildings and a statement regarding the general condition of the facility.

(ix) A current fire inspection report.

(x) A current health inspection report.

(xi) A copy of the current procedural manual.

(xii) Verification of local building and zoning compliance.

(xiii) Menus approved by a qualified nutritionist or dietician.

(xiv) Medical examination reports for all staff.

(xv) South Carolina Child Abuse and Neglect Central Registry checks for all staff and volunteers who have unsupervised contact with children.

(xvi) South Carolina State Law Enforcement Division (SLED) criminal records checks for all staff and volunteers who have unsupervised contact with children.

(xvii) Memorandum of Agreement on Criminal Record Checks.

(xviii) South Carolina Sex Offender Registry Check verification for all staff and volunteers who have unsupervised contact with children.

(xix) Documentation of training completed by each staff member for facilities being relicensed.

(xx) Tuberculosis screening for all staff.

(b) As soon as possible after the receipt of the application for a license, a representative of the South Carolina Department of Social Services will visit the facility and will secure information on which to evaluate the program in relation to licensing standards.

(c) If the facility wishes to operate a foster home or adoptive home program in addition to caring for children in residential group care; it will be necessary to submit additional information as required for a license to operate a Child Placing Agency.

(3) License.

(a) The terms of the license, the number, age and sex of children to be maintained will be stated in the license issued.

(b) A Standard License will be issued when a facility meets all applicable regulations. A Standard License is effective for twelve months from the date of issuance.

(c) Standard with Temporary Waiver License.

(i) A Standard with Temporary Waiver License may be granted at the discretion of the State Director of the South Carolina Department of Social Services when a facility temporarily lacks a requirement that does not affect the health and safety of children.

(ii) To change the status of the license to a Standard License, the facility shall submit written notification that the deficiency has been corrected to the South Carolina Department of Social Services, (subject to verification and at the discretion of the Agency).

(d) The license shall be displayed at all times.

(e) The facility shall not deviate from the provisions specified in the license issued.

(f) The license is not transferable, is specific to the location, owner, and existing buildings at the time of licensure.

(4) Denial or Revocation of a License.

(a) The Agency may refuse to issue or revoke a license to a facility/applicant who:

(i) Fails to comply with residential group care licensing regulations;

(ii) Violates state or federal laws;

(iii) Abuses or neglects children as defined in Section 20-7-490(B), S.C. Code of Laws, 1976 as amended (also refer to Discipline, E(4));

(iv) Knowingly employs a person with a past/current history of child abuse or is on the South Carolina Central Registry of Child Abuse and Neglect or fails to terminate their employment once the record is known;

(v) Makes a false statement or a misrepresentation to the Department of Social Services that adversely impacts the care and safety of children;

(vi) Refuses to submit licensing or child specific information or reports to the Agency as it relates to care and safety of children;

(vii) Fails to cooperate, withholds information, or impedes an investigation of child abuse or neglect;

(viii) Fails to provide, maintain, equip, and keep safe and sanitary the facility to care for children;

(ix) Fails to provide adequate financial resources to maintain the facility;

(x) Fails to notify the Agency of any structural improvements or new construction within three (3) working days;

(b) The Agency is empowered to seek an injunction against the continuing operation of a facility as provided in Section 20-7-670.

(i) When a facility is operating without a license;

(ii) When the Agency determines threat of harm to children in the facility.

(c) Notification--Written notice will be given to an applicant or facility by certified mail or hand delivered by an Agency representative, if the license is revoked or denied.

(d) Appeals--Any facility whose application has been denied or revoked, may request a hearing within thirty (30) days of receipt of notification of the Agency's decision. Requests for appeals must be forwarded to the South Carolina Department of Social Services, Office of Administrative Appeals.

(5) Termination of License.

(a) Expiration of License.

(i) A Standard License expires automatically at the end of twelve months from the date of the issuance of the license unless renewed or cancelled prior to that date.

(ii) Standard License with Waivers may be granted for non-safety related items.

(b) Cancellation of License--A license shall be cancelled if there is a deviation from the provisions of the license or if the location of the facility or the facility operating the business changes.

(6) Annual Review and Relicensing.

Annually, all licensed facilities must submit the material listed below to the South Carolina Department of Social Services. Continued licensing will be based on a review of this material and a visit(s) by a representative of the Agency to tour the facility, review the program, and interview staff as appropriate.

(a) A formal application.

(b) An annual population report.

(c) A copy of the facility's most recent financial statement.

(d) An estimated budget for the facility's current fiscal year.

(e) A current list of governing board members and committees.

(f) The names and job titles of current staff and completed applications or resumes for staff who have been employed since the last license was issued.

(g) A report of any major changes in program or the physical facility planned for the coming year.

(h) A report of a fire inspection that was completed within the past licensing period.

(i) A report of a health and sanitation inspection that was completed within the past licensing period.

(j) A copy of a menu approved by a nutritionist or dietitian.

(k) Current South Carolina Law Enforcement Division (SLED) criminal records checks for staff and volunteers.

(l) South Carolina Sex Offender Registry Checks for staff and volunteers.

(m) South Carolina Child Abuse and Neglect Central Registry checks for all staff and volunteers.

(n) Reports of medical examinations for each new child care staff employed after the date of the previously issued license and a statement of freedom from contagious disease for all other child care staff.

(o) Tuberculosis screening for all staff.

(p) Documentation of at least fourteen (14) hours of training within the last year for all child care staff.

(q) Record of monthly fire drills for fire and emergency evacuation that are held at different times.

(r) Documentation from a county building inspector may be required if the Agency suspects a new or existing building or structure poses a risk of harm to children.

(7) Authorized actions by the Agency.

(a) Licensing staff from the agency may make visits to the facility without prior notice to ascertain continued compliance with these requirements.

(b) The Agency shall investigate complaints to determine if the facility is meeting licensing requirements and shall take appropriate and necessary actions based on its findings.

(c) The Agency shall inform the director of the facility of any complaints and shall submit a written report of the results of the investigation within ten (10) days upon the completion of an investigation. If the director is the subject of the complaint, the chairman of the board will be notified.

114-595. Standards for Supervised Independent Living.

(Statutory Authority: S. C. Code Section 20-7-2250)

A. Program Framework

(1) The goal of an independent living program is to prepare youths, ages sixteen to twenty-one, for successful adult living through the provision of services related to daily living, problem-solving, and other skills that maximize the youth's potential to be a self-supporting, productive adult. A continuum of services shall be available and provided in accordance with the developmental readiness of youths served, in addition to their chronological age.

(2) There are three levels of independent living programs which may be offered by the group home, child caring institution, or child placing agency: on campus or in-home supervised services (Level 1); off campus or out-of-home supervised services (Level 2); and in-community, monitored services (Level 3). No program shall be licensed for Level 3, the community living, monitored component.

(3) Program Framework -REQUIRED.

(a) On campus or in-home supervised services (Level 1) provides twenty-four hour supervision by staff or foster parents who have separate quarters (i.e., bedroom and bathroom) within the facility or home with the youths in care. These services are used to initiate independent living concepts and to teach basic skills under immediate supervision.

(b) Off campus or out-of-home services (Level 2) are offered for youths who have some basic knowledge and skills and are ready for limited practice of those skills with some supervision. This level shall be limited to youths who are at least eighteen years of age (or for non-DSS placements at least seventeen if the placement agency defines seventeen as the age of adulthood) and who are employed or are in some type of post-secondary vocational preparation program. Level 2 services provide the youths with some opportunity for independent living through the availability of an apartment or other living arrangement which is separate from, but supervised by staff located on-site (e.g., youths share an apartment and staff has a separate apartment in the same building). The youths assume primary responsibility for daily living (e.g., cooking, shopping, money management, etc.) and staff supervision is supportive, less intensive, and available on-site twenty-four hours a day.

(c) Community, monitored living (Level 3) must be limited to youths who are eighteen years old and above, who have successfully completed at least one other level (1 or 2) of an independent living program, and are in a post-discharge status. No foster care board payments through DSS are available for a youth in a Level 3 program.

(4) Program Framework -RECOMMENDED -Community housing may be owned by the agency or organization licensed to provide the independent living program or rented by the agency, organization, or youth. The agency should provide regular (at least weekly) face-to-face contact for monitoring, twenty-four hour telephone access to staff, and pre-discharge services for the youth. In-home or on-site supervision is not required.

B. Administration and Staff

(1) Staff -REQUIRED -Independent living services shall be provided using staff specifically assigned to the independent living program with the definition of roles and responsibilities clearly defined. Staff designated for independent living services can be specialists in more than one program area, e.g., independent living and therapeutic foster care.

(2) Staff -RECOMMENDED -A team approach should be used for program coordination and staff assignments.

(3) Training -REQUIRED.

(a) Personnel (direct care, social work, other staff and foster parents) who deliver the independent living services must receive specialized training to develop skills and knowledge.

(b) Personnel who deliver the independent living services shall each receive a minimum of ten hours of specialized training initially and five hours of specialized training annually thereafter.

(4) Training -RECOMMENDED -Training areas should include

(a) helping adolescents learn psychological coping;

(b) self-sufficiency as a long term learning process;

(c) the effects of family separation and the impact of placement on children and adolescents;

(d) helping adolescents form appropriate and meaningful adult relationships

(e) identification and utilization of helping networks in the community; and

(f) experiential learning techniques, formal and informal instruction, and other opportunities to help the youth learn skills needed to live independently and self-sufficiently.

(5) Case Coordination -REQUIRED -Staff shall be identified to assume case coordination services including

(a) making a full assessment of each youth admitted including any special diagnostic and treatment services that may be needed;

(b) coordination and integration of services from a variety of public and private sources;

(c) developing an independent living plan with the youth;

(d) developing and implementing an advocacy plan to engage community resources to support the adolescents' progress toward independent living.

(5) Staff Qualifications -REQUIRED-All professional staff shall meet the requirements which correspond to their responsibilities and role, such as college or graduate degree, professional licensure, relevant training, and/or experience. Direct service staff must have at least a high school diploma or the equivalent (e.g., GED).

(6) Staff-Child Ratio -REQUIRED.

(a) For levels 1 and 2, the staff-child ratio shall be at least one to eight for group care programs and one to ten at night. Each staff who assume social work or case management responsibility for the licensed facility or agency shall have responsibility for no more than sixteen youths in the independent living program.

(b) No more than two youths should be placed in a foster home licensed for independent living.

C. Preadmission Activities -REQUIRED.

(1) An admission packet outlining the program and expectations shall be sent to the youth and/or the legal custodian prior to a preplacement visit and shall be completed prior to placement. The legal custodian will ensure that the admission application and other required information are completed and returned to the facility or agency providing the independent living service.

(2) Admission shall be considered on the basis of

(a) a preplacement visit to the program by the youth and the legal custodian;

(b) the youth's willingness to enter the program;

(c) the youth's readiness for independent living, including self-control and ability to work through a crisis (e.g., youth is behaviorally appropriate; not running, emotionally disturbed, substance abuser, etc.) but allowing for some late adolescent issues and testing;

(d) a completed application for admission;

(e) a current/recent psychological evaluation if indicated; and

(f) other available documentation, e.g., current school report, that provides information on the youth's readiness and needs.

(3) Youths with a history of emotional disturbance, criminal activities, or mental illness shall not be admitted to any level of an independent living program directly from a hospital or residential treatment facility setting unless the preplacement assessment documents their readiness for the level of responsibility and behavioral management necessary for successful participation in an independent living program. Emergency admissions to the independent living program are not acceptable.

(4) Documents, such as a current medical and a copy of the youth's birth certificate, required by basic standards for licensure or required by the child caring institution, group home, or child placing agency must be submitted to the facility or agency operating the independent living program.

D. Admissions Activities

(1) Participation -REQUIRED.

(a) In all situations of young people in an independent living program, contact must be made with the legal guardian.

(b) Records must include documentation of the custody status of the youth and authorization to provide care.

(c) Independent living staff in partnership with the youth (and the legal custodian when possible) shall develop and implement a plan.

(2) Participation -RECOMMENDED -As appropriate, key family and extended family members and significant others (e.g., former residential program staff or foster parents and other involved service providers in the community) should be involved in assessment, planning and implementation activities. The youth shall be asked for input on who to include in the assessment and planning, e.g., who is important in your life.

(3) Assessment of Skills -REQUIRED.

(a) Service plans shall be individualized and shall include group and individualized activities based on tailor-made goals.

(b) The post-admission assessment or skills inventory shall identify strengths and needs and define problems.

(c) The assessment or inventory of competencies in personal and life skills must be developed with the youth. The written inventory shall be used for ongoing review and monitoring of progress.

(4) Assessment of Skills -RECOMMENDED.

(a) Assessment areas should include the following:

(i) evaluation of possible life options/goals and development of plans to achieve those goals;

(ii) developing a framework for understanding consequences and processing outcomes;

(iii) developing skills in stress management, dealing effectively with authority figures, and personal decision-making;

(iv) understanding and coping appropriately with anger, losses, and rejections, including the circumstances that led to out-of-home care;

(v) understanding issues related to discrimination (e.g., racial, cultural, ethnic, gender, age, sexual orientation) including sensitivity, appropriate behavior, and legal rights and responsibilities;

(vi) understanding issues of substance abuse;

(vii) responsible sexual behavior;

(viii) establishing and maintaining healthy relationships with family, peers, and other adults;

(ix) obtaining factual information about health needs, personal and family history, medical and social history;

(x) developing basic survival skills, including money management skills, locating/arranging and maintaining housing, personal care, locating and using community resources; and

(xi) the need for educational and vocational remediation.

(b) A copy should be provided to the youth and a copy placed in the case record.

(5) Service Plan -REQUIRED -The written plan must be

(a) based on the assessment/skills inventory;

(b) developed in partnership with the youth and significant others;

(c) include all items which are appropriate for the individual adolescent;

(d) considered as a contract and include specific measurable goals;

(e) a mutual agreement between the adolescent (e.g., why I want to be here) and the program staff (e.g., we think you are an appropriate candidate); and

(f) completed within thirty days of the youth's admission to the independent living program.

(6) Education Assessment -REQUIRED -Educational services shall begin with informal and formal assessments of skills, learning styles, aptitudes, and abilities and should lead to the appropriate resource, e.g., public or private secondary or post secondary education, remedial classes, other vocational education/training.

(7) Health Assessment -REQUIRED -A sense of the youth's physical well-being and health needs shall be established through the provision of a health assessment and appropriate intervention.

(8) Evaluation and Revision of Service Plan -REQUIRED -All evaluations and revisions of the plan shall include the youth as a partner, reflect documentation of the assessment, include mutual responsibilities, and whenever appropriate include the family and significant others.

E. Services During Placement

(1) Services -REQUIRED.

(a) A continuum of services shall be available and include at a minimum social work services, educational services, employment services, medical services, community involvement (e.g., social, recreational, leisure-time, religious, and cultural activities), and case management services.

(b) Services shall be provided in accord with developmental readiness and stages of independence, not chronological age, i.e., services are individualized on the basis of the youth's needs and are well-matched to the range of stages and developmental readiness exhibited by youth.

(2) Services -RECOMMENDED.

(a) Practical strategies addressed in the program should include

(i) obtaining factual information about the current status of personal, family and medical histories;

(ii) developing basic survival and money management skills;

(iii) acquiring educational, vocational, and medical services;

(iv) locating and maintaining housing; and

(v) using community resources.

(b) The plan of services should recognize whether needs are the result of motivation or ability and whether intervention or compensation will be the focus of services.

(c) Social work services should be offered directly and include case coordination, case advocacy, counseling, and referral for treatment by a cooperating professional, when indicated.

(d) Educational services should include

(i) the use of formal, informal and experiential teaching methods in accordance with the adolescent's learning style, aptitude, and ability; and

(ii) education or training on life skills, self-care, the activities of daily living, human sexuality, vocational/technical training, employment, housing, legal issues, and substance abuse.

(e) Employment services should include

(i) an assessment of the adolescent's ability to find a job on their own and their strengths and weaknesses (abilities and limitations) related to work;

(ii) sharing this information with the youth;

(iii) making use of available community employment and training resources and helping the youth access them;

(iv) helping hard-to-employ youths develop the work habits and other skills (e.g., social and self awareness) necessary to obtain and keep a job; and

(v) developing job leads and working with employers who may employ youths.

(e) Social, recreational, leisure-time, religious, and cultural activities provided or arranged by the agency should expand the range of life experiences and should be designed with sensitivity to the needs of indigenous special populations.

(f) Opportunities should be made for youth to participate and take responsibility in peer support and community service programs.

(g) There should be opportunities for community involvement to help the youth establish a sense of "community" and to include daily events that take the youth into the community, e.g., grocery store, post office, Highway Department, employment agency, etc.

(h) Individual, group, and family counseling services should be provided for all adolescents to help them better understand their past and present and prepare for their future. Counseling services may be offered by qualified program staff or through an appropriate outside resource.

(i) Case management services should include individual assessment of the youth's skills and needs, including using special diagnostic services when appropriate; the development of a plan incorporating those services required from a variety of public and voluntary sources; follow-up and assessment of the effectiveness of services provided, with appropriate modifications in the plan; advocacy; and monitoring of the plan's implementation.

(3) Monitoring -REQUIRED.

(a) Progress on goals must be monitored and recorded through written weekly progress notes. A copy of the weekly progress notes shall be filed in the youth's case record at the facility.

(b) Monitoring of progress on the independent living plan/contract must occur at least every three months. The assessment and plan shall be the basis for review. A progress summary shall be prepared with a copy sent to the legal custodian and a copy placed in the youth's case record at the facility.

(4) Monitoring -RECOMMENDED.

(a) The assessment and plan should be modified to include steps in preparation for transition as the time for exit from the system approaches.

(b) Both staff and the youth should have input into when success has been achieved on a goal.

(c) As many people as appropriate should be included in reviews, i.e., the youth, program staff, the family, school personnel, etc. All who participate should sign the review.

(d) The program should allow for increased assumption of adult role and reduction in dependency on the agency, including when possible, an opportunity for independent living with a subsidized safety net prior to discharge from the program.

F. Predischarge Activities

(1) Planning -REQUIRED.

(a) Youths who successfully complete the program shall enter predischarge status, including receiving advance notice of the discharge plan and date and an opportunity to participate in transition planning.

(b) When a youth successfully completes the program, the facility or agency shall plan for successful transition by a youth.

(2) Planning -RECOMMENDED.

(a) Predischarge activities should occur preferably six months prior to the youth's exit from the program and should include the youth's preparation for cessation of any benefits and the provision of aftercare and follow-up services.

(b) All youths who successfully complete the program should be helped with location of suitable, safe, affordable housing including education and evaluation regarding key factors in housing choices, such as the following

(i) income, financial management, access to employment, education and health resources;

(ii) the youth's personal needs, level of maturity and functioning, and budget;

(iii) education regarding tenants' rights and responsibilities;

(iv) health and safety standards; and

(v) exploration of a range of housing options and a joint evaluation of the risks and benefits of each option.

(3) Discharge Prior to Program Completion -REQUIRED -The agency shall work with the youth and the legal custodian to make an alternate placement plan when discharge is necessary in such situations.

(4) Discharge Prior to Program Completion -RECOMMENDED -For youths who do not successfully complete the program, discharge may be requested by the licensed facility or agency, the legal custodian, or the youth.

(5) Predischarge Activities -RECOMMENDED -Predischarge activities should include

(a) arranging for transfer/termination of custody, as appropriate;

(b) providing the youth with relevant information on rights and benefits to which he/she may be entitled;

(c) providing the youth with basic documents;

(d) making certain basic resources (e.g., housing, employment, etc.) are in place;

(e) providing information on community resources including social services, health care, law enforcement, courts, recreation, etc.; and

(f) providing supportive linkages through the agency and community resources.

(6) Documents -REQUIRED.

(a) Basic documents shall be provided to the youth who has successfully completed the program.

(b) Staff shall help the youth gather documentation, identify where other needed documents are and prepare a lifebook or other album of photos, etc.

(7) Documents -RECOMMENDED -These documents should include

(a) a birth certificate;

(b) a driver's license and/or an identification card;

(c) a Social Security card;

(d) compilation of family history (which may include names/location of relatives and siblings, copies of parents' death certificates if either/both are deceased);

(e) complete medical records (including immunization card, doctors, clinics, hospitals, and dentists where services have been received) and information about eligibility for medical insurance

(f) list of schools attended and previous placements, educational records (i.e., high school, GED and/or post secondary diplomas).

(g) other basic data which should be provided include

(i) job resume and letters of reference;

(ii) a list of resources for counseling and crisis management;

(iii) a copy of the transition plan including emergency contacts;

(iv) a list of health care resources;

(v) a list of legal rights/responsibilities and legal resources;

(vi) a list of contact persons to help with employment and vocational training;

(vii) how and who to contact in the agency for follow up services; and

(viii) a transition plan summary that includes the options available if the original plan fails.

(8) Transition Planning -REQUIRED.

(a) When the youth successfully completes the program, the staff and the youth shall jointly complete a transition plan.

(b) Staff shall help the youth collect basic supplies or identify resources through which supplies can be obtained.

(9) Transition Planning -RECOMMENDED.

(a) Elements of the plan should include the following information

(i) new address;

(ii) rent and utility costs;

(iii) estimated expenses (phone, food, transportation, etc.) and estimated weekly or monthly income;

(iv) current debts and plan to pay them;

(v) money saved to date (savings/checking account);

(vi) names and addresses of employer, health care provider(s), and recreational facilities;

(vii) religious affiliation;

(viii) emergency preparations;

(ix) checklist of personal and family information;

(x) identification, name(s) of adults for advice/assistance;

(xi) plans for continuing education; and

(xii) items to be completed before discharge.

(b) Basic resources which should be available before discharge are

(i) a living arrangement;

(ii) a job/income;

(iii) affordable health care;

(iv) a positive relationship with at least one adult committed to helping the youth's transition;

(v) affordable transportation and information on how to use it;

(vi) low-cost sources for purchase of basic items;

(vii) personal and family information and identification;

(viii) names of potential religious resources;

(ix) sources for low/no cost leisure time activities;

(x) knowledge of what to do in emergencies;

(xi) access to positive peer support group;

(xii) knowledge of adult court and welfare systems;

(xiii) access to a means of recreation; and

(xiv) linkages to other appropriate community resources.

G. Post-Discharge Activities -RECOMMENDED.

(1) Aftercare services should be made available to youths who successfully complete the program for at least six months after discharge to maintain contact and to provide support as they leave out-of-home care.

(2) Services may be offered directly by the agency or through referral to an appropriate cooperating community resource.

(3) A client tracking system should be used to follow up and assess the youth's status and the provision of services by cooperating community agencies involved in aftercare services.

(4) Aftercare services should include financial assistance, employment counseling and support, crisis counseling, emergency shelter, housing assistance, information and referral, community service opportunities, peer support programs, and advocacy.

H. Documentation -REQUIRED.

(1) Documentation for each youth shall be maintained in individual case records for the youth in care and shall include an initial written assessment, a written plan/contract based on the assessment, weekly progress notes based on goals, and summaries of the three months reviews/evaluations of the plan.

(2) For youths in predischarge status, the case record must also include the discharge plan, the plan for transition and aftercare services, evidence that basic documents have been obtained or requested for the youth, and evidence that basic resources and supplies are available to the youth.

I. Licensure -REQUIRED.

(1) An application for licensure and other materials required for licensure and relicensure based on minimum licensing requirements must be completed for an independent living program seeking licensure.

(2) For a new institution, group home, or child placing agency established to provide an independent living program, information required for basic licensing must be provided in addition to specific information about the independent living program.

(3) For a licensed institution, group home, or child placing agency that adds independent living services to an existing program of services, details must be submitted to licensing staff on how the independent living services will be incorporated into the existing program.

(4) For group homes and institutions, at least one on-site visit to the independent living program by licensing staff will be required to ascertain whether the independent living program meets minimum standards for independent living in addition to basic licensing requirements.

(5) The agency's license shall be amended or a separate license issued to include the independent living program. The license shall be either a Temporary license if any deficiencies noted in the basic requirements, the independent living requirements, or both or a Standard license if no deficiencies are found.

(Statutory Authority: 1976 Code Sections 43-1-80, 8-15-60)

114-710. Training Grants and Contracts.

A. Definitions

(1) Grant--the term used to describe the method of funding an educational or training program to be carried out by an educational institution on behalf of the agency. Such grants are actually formula grants; that is, they consist of seventy-five percent federal funds and twenty-five percent matching funds supplied by the grantee, and are awarded on a reimbursable basis as costs are incurred.

(2) Educational Institution--an accredited school, college, or university of the post-secondary, undergraduate, or graduate level.

(3) Expert--an individual, firm, or agency that possesses by virtue of training, education, or experience the ability to develop or implement any or all portions of a training or educational program needed by the agency.

B. Educational Grants.

(1) The agency, to the extent feasible and practical under existing federal and state regulations and manpower and funding resources, provides for long-and short-range staff development programs through the funding of grants to educational institutions. Such educational grants are for the purpose of providing a needed training or educational program for agency staff or eligible staff of providers. The grant may be for an in-service training program or for an educational program which may include curriculum development, classroom instruction, or field instruction.

(2) The following criteria shall be utilized by the agency in determining whether an educational grant will be funded:

(a) The proposed program must meet an agency determined manpower training and development need;

(b) The proposed program must be directly related to the administration and provision of agency services.

(c) The program must be directed at an appropriate target group within the agency and provider staff.

C. Provider Training Contracts.

(1) The agency may provide funding in support of training for employees of providers under contract with the agency. Such funding may be utilized for certain costs of training, as specified in 45 CFR Part 228, Subpart H. Any such funding shall be in support of training which is directly related to the provision of services under the provider's contract with the agency.

(2) The following criteria shall be utilized by the agency in determining whether training proposed by a provider will be funded:

(a) A service contract between the agency and the provider must be in effect;

(b) The proposed training must be directly related to the provision of services as provided in the service contract;

(c) The provider trainee must fulfill an appropriate work Commitment within the period of the related service contract.

D. Use of Experts.

(1) The agency may utilize qualified experts from outside the agency to develop or conduct special training programs in support of agency needs.

E. Initiating Proposals for Training Grants and Contracts.

(1) General inquiries concerning training grants and contracts must be directed to the Staff Development & Training Division (SD&T), S. C. Department of Social Services, P. O. Box 1520, Columbia, South Carolina 29202.

(2) Forms, guidelines, and applicable federal regulations (45 CFR Part 228 and Part 74) concerning training and contracts are available from SD&T.

(3) Educational institutions, providers, and experts interested in developing a proposal for a training grant or contract should contact SD&T. SD&T will explore with interested parties agency manpower and training needs and coordinate appropriate involvement of agency program and operating staff. In addition, SD&T will provide technical assistance on the interpretation of applicable state and federal regulations.

(4) Written proposals for training and educational programs may be submitted to SD&T in the appropriate format at least two months prior to the proposed funding date. An original and three copies of the proposal are required.

F. General Criteria for Funding Training Grants and Contracts.

The following general criteria shall be utilized by the agency in determining whether to fund training grants and contracts.

(1) The proposal must be soundly based on a training needs assessment.

(2) The proposal must present a sound design or method of design and plan for implementation.

(3) The program shall have objectives against which progress can be measured and success or failure determined.

(4) Programs funded by the agency with educational institutions and providers shall include an evaluation component to measure effectiveness of the program. The institution or provider shall be responsible for the design and implementation of the evaluation, subject to approval by the agency. An evaluation component may be required by the agency in contracts with experts.

(5) The program shall be administered and implemented by qualified staff.

(6) The provider, institution, or expert shall agree to abide by these regulations.

G. General Requirements and Conditions.

(1) Funds in support of the above activities consist of seventy-five percent federal money. The twenty five percent matching funds for grants and contracts will normally come from grantee sources. The matching funds shall be from a non-federal source and shall not be used as match for any other federal programs.

(2) If the agency determines to fund an education or training program, a written legally-binding contract shall be signed by both parties.

(3) Programs may be initiated at any time during the fiscal year; however, no contracts will extend beyond the close of the agency fiscal year, or in the case of providers, beyond the expiration date of their service contract.

(4) Providers, educational institutions, and experts with whom the agency contracts shall agree to furnish all required reports, forms and data on a timely basis and shall make their program-related records available for fiscal and programmatic monitoring and review and fiscal audits upon request of the agency.

(5) All contracts for educational and training programs under these regulations shall be established on a reimbursable basis; that is, the provider, educational institution, or expert shall be reimbursed for approved costs as they are incurred, claimed, and processed.

H. Prior Regulations Repealed.

South Carolina regulation 114-70.1 is hereby repealed.

(Statutory Authority: 1976 Code Section 43-1-80)

114-910. Interagency Merit System.

The Department of Social Services adopts the rule of the South Carolina Interagency Merit System.

(Statutory Authority: 1976 Code Section 43-1-80)

114-1010.

Definitions and General Requirements.

A. Definitions.

(1) Applicant--a person who has, directly, or through his authorized representative, made application for public assistance to the County Department of Social Services and whose application has not been terminated or disposed of by appropriate County Department action.

(2) Authorized Representative--someone who is acting for another individual with his knowledge and consent and who has knowledge of the other individual's circumstances.

(3) Application--the action taken by a person or his duly authorized representative by signing a completed application form requesting financial or medical assistance.

(4) Effective Date of Application--the date on which the application form is completed and signed by the applicant or his authorized representative.

(5) Inquiry--a request for information about eligibility requirements for public assistance.

(6) Referral--request for information, service, or aid in behalf of an individual by an agency, institution, or another person.

(7) Application Process--all activities from the time an application is accepted until the receipt of payment or other disposition of the application.

B. General Requirements.

(1) Accrual Rights.

(a) For all assistance payments programs except those specified below, an applicant's right to a money payment accrues on the earlier of the following dates, provided he was alive on such date and eligible insofar as is known:

(i) The first day of the month in which the award is authorized by the County Department; or

(ii) The thirtieth day from the date on which a properly signed application form is received.

(b) For the General Disability Assistance (GDA) and General Assistance-Ineligible Spouse (GA-IS) programs an eligible applicant accrues the right to a money payment under the GDA and GA-IS Programs beginning with the first day of the month of certification for payment.

(c) For the Optional Supplementation (OS) program, an eligible applicant accrues the right to an OS payment beginning with the later of the following dates:

(i) The day of application if he has already entered a residential care facility; or

(ii) The day of entry into a residential care facility if he makes application for assistance prior to entry.

(d) A recipient's right to a money payment accrues on the first day of each month, provided he is alive and eligible on that day.

(e) If a recipient receives an underpayment due to agency error a supplemental payment may be authorized to compensate the recipient for the loss of benefits to which he was entitled. Correction of underpayments shall be limited to the three months prior to discovery of the underpayment. The amount of a supplemental payment shall not be considered as income or as a resource of the recipient in the month paid nor in the next following month. However, any amount remaining after this time period shall be considered as a resource. Underpayments which occur due to client error may be adjusted only through the Fair Hearings procedure in Article 3 of these regulations.

(f) When a recipient of public assistance dies on or after the first day of the month for which an assistance check is issued, such check may be endorsed to the recipient's spouse or nearest relative by the County Director.

(2) Applicants or recipients may request a fair hearing in accordance with Article 3 of these regulations.

(3) Overpayments. An overpayment occurs when an assistance payment is made in an amount greater than that to which the recipient is entitled, or when an assistance payment is made to an ineligible recipient. An overpayment may result from any one of the following circumstances.

(a) Agency error, as defined below:

(i) Failure of the agency to take case action immediately when the agency had knowledge of a change in circumstances.

(ii) Failure of the agency to follow up on information when there is an indication in the case record that a change in circumstances could be anticipated and it is later found that such change took place.

(iii) Failure of the agency to make a redetermination as scheduled.

(iv) Failure of the agency to apply policy or procedures correctly although timely action was taken.

(b) Client error where the client withheld information because of misunderstanding or incapacity of understanding agency program eligibility requirements.

(c) It is the responsibility of the agency to inform the applicant or recipient that he shall furnish to the agency accurate information concerning changes in income, resources or other circumstances which may affect his eligibility to receive assistance within ten days after such change occurs and that the agency may collect from him any assistance received ineligibly.

(d) The recipient of assistance carries the responsibility for the repayment of overpayments received in the form of financial and medical assistance during a period of ineligibility resulting from the failure of the recipient to report changes of circumstances or from giving incorrect information; or pending the outcome of an appeal decision in which appeal the decision of the county department was upheld.

(e) The agency waives collection of overpayments from a recipient when the overpayment was caused wholly or partially by agency error.

(f) The agency waives collection of overpayments resulting from client error, where fraud does not exist, and the overpayment does not result in the recipient's becoming ineligible for financial assistance.

(4) The assistance payments case record shall consist of, but not be limited to, the following documents:

(a) The application and subsequent redetermination forms signed by the individual as a statement of his financial situation;

(b) The agency's documentation of all eligibility factors;

(c) The forms authorizing or discontinuing payment of the assistance grant or medical assistance benefits and all subsequent status change forms; and

(d) All correspondence, including letters of complaint and appeal requests relating to the individual's eligibility to receive assistance.

114-1020. Application and Redetermination Procedures.

A. Applications for public assistance shall be filed at the County Department of Social Services Office located in the county in which the applicant actually resides at the time of application. For children in Regular foster care, the application shall be filed in the county where the court order was issued, if different from the county of current residence.

(1) An application shall be taken without delay and the individual may apply for whatever category of assistance he chooses.

(2) The county department shall make every reasonable effort to help the applicant establish his eligibility.

B. If an application is made for an individual without his knowledge, the county department may take no action without first obtaining his knowledge and consent, unless such individual is incompetent or incapacitated. In this latter case, assistance payments may be made only to the individual's duly appointed legal guardian or authorized representative.

C. Application shall be by agency form and shall be signed, except for SSI recipients. The application form shall:

(1) Clearly signify the intent of the individual to apply and the effective date of such application;

(2) Advise the applicant of his rights and responsibilities;

(3) Put the applicant on notice that he is liable for the truthfulness of the information he includes on the application;

(4) Provide the agency with sufficient information to begin an accurate determination of eligibility or ineligibility.

D. The applicant or recipient shall:

(1) Provide complete and accurate information about his circumstances, and shall be told that State Law provides a penalty for making false statements, for willful misrepresentation of facts, or for impersonation;

(2) Report any changes in circumstances which may affect his eligibility or entitlement for assistance within ten days of such change;

(3) Repay funds received during a period of ineligibility resulting from failure to report changes of circumstances or from giving incorrect information.

E. An applicant may be assisted by any individual of his choice in the various aspects of the application process and may be accompanied by such individual in contacts with the agency and, when so accompanied, may also be represented by such individual.

F. Application interviews shall include:

(1) An explanation of eligibility requirements, the agency's standard of promptness in acting on applications, the applicant's right to a fair hearing, the procedure for requesting a hearing, and the applicant's rights under Title VI of the Civil Rights Act of 1964.

(2) An explanation of the applicant's responsibilities to give complete and accurate information, to report any changes in his circumstances, and to repay funds received ineligibly.

(3) An explanation of the need for a home visit.

(4) An explanation of the methods of establishing eligibility, including the need for making collateral contacts and the use of documentary and other records for verifying pertinent information.

(5) In AFDC cases, an explanation of the availability of family planning and Early and Periodic Screening, Diagnosis and Treatment (EPSDT) services and the means for obtaining these services.

(6) The information that the public assistance payroll is open to public inspection in each county office.

(7) The signing of the proper application form by the applicant, his legal guardian, or an authorized representative.

G. An individual's basic rights shall be respected and protected during the eligibility determination process.

(1) The determination of a person's initial or continued eligibility for public assistance shall be conducted in a manner consistent with his rights under the United States Constitution, the Social Security Act, and Title VI of the Civil Rights Act of 1964.

(2) Any person wishing to apply for any form of public assistance shall have the right to do so.

(3) The applicant or recipient's use of public assistance payments shall not be limited or restricted by agency policies.

(4) All information obtained during interviews with and by the verification of information about applicants or recipients of financial or medical assistance shall be confidential. The use of or disclosure of information shall be limited to the following situations:

(a) Pertinent information regarding an applicant or recipient may be disclosed to any official government or agency representative, on the basis of need, and for purposes directly relating to the administration of the agency's programs, such as establishing eligibility, determining amount of assistance and providing services for applicants and recipients.

(b) Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of federal programs administered by the agency.

(c) Information other than confidential medical reports may be disclosed to any individual or agency with the written consent of the applicant or recipient or his authorized representative.

(d) The names of recipients receiving public assistance payments and the amount of such payments are public records and open to public inspection. However, the publication of lists of such names for commercial or political purposes is unlawful.

(e) Information regarding applications or recipients of financial assistance, including names and addresses, may be disclosed to a legislative body or designated audit committee when such body or committee certifies that the information is needed for purposes, including audits, specified in subparagraphs a and b above.

(5) Any person who is dissatisfied as the result of an action taken or not taken by the County or State Department of Social Services with respect to his application or his grant may appeal for an impartial review of his circumstances through the fair hearing procedure in Article 3 of these regulations.

(6) The State and County Departments of Social Services shall maintain agency program procedures and policies and shall make them available for examination by the public upon request.

H. An application may be approved when all eligibility criteria are met. Once eligibility is established, for programs other than GDA and GA-IS, assistance shall continue regularly until such time as eligibility no longer exists. For GDA and GA-IS grants, eligibility shall terminate at the end of the grant period, and shall continue only if a new application has been completed and approved.

(1) An application shall be denied when the applicant or family group fails to meet one or more eligibility criteria or when the applicant fails to furnish necessary data within the standard of promptness, unless the delay is due to circumstances beyond the applicant's control.

(2) An application may be denied because of the death of an applicant inability to locate an applicant, or at the applicant's request.

I. A County Board of Social Services may review, approve, disapprove, or amend an award of assistance made by the County Department of Social Services. The State Department of Social Services may review applications for public aid, disapprovals, or modifications of awards made by the county departments and may make decisions as to the granting and the amount of payment.

J. Determination of Eligibility and Continued Eligibility.

(1) No more than forty-five days (sixty days for Medical Assistance Only -Disability) shall elapse between the date of application and the date that either the first assistance grant, or the notice of denial of assistance, is mailed to the individual or family, unless:

(a) The applicant or the agency, after repeated attempts, has failed to secure the necessary facts regarding eligibility and further processing time is necessary;

(b) An applicant or physician has failed to provide needed information or an administrative or other emergency which could not be prevented causes a delay;

(c) The applicant requests that an imminent negative action be delayed until additional information concerning eligibility can be secured.

(2) Continued eligibility for financial or medical assistance shall be redetermined or reviewed in each of the following instances, whichever occurs earliest.

(a) Immediately after the agency receives a report that a change has occurred in the recipient's circumstances which may affect eligibility or the amount of the assistance grant;

(b) When required on the basis of information the agency has obtained previously about anticipated changes in the recipient's situation;

(c) Every six months in Aid to Families with Dependent Children -Foster Care, Regular Foster Care, and Mandatory State Supplementation, and every twelve months for Aid to Families with Dependent Children, Medical Assistance Only and Optional Supplementation.

(3) A home visit prior to certification shall be made on each AFDC application and review. A home visit shall be made before certification for General Disability Assistance, General Assistance-Ineligible Spouse and Optional Supplementation, but a home visit is not required for subsequent redeterminations in these assistance categories. Home visits are not required on Medical Assistance Only applications and reviews. Applicants and recipients shall be given oral or written notice of the intended date and purpose of any home visit.

(4) The applicant or recipient shall provide necessary information and documentation of his eligibility for assistance, unless he is unable to do so because of age, physical or mental disability, language barriers, or other pertinent reason.

(a) If the individual is physically or mentally incapable of providing complete or accurate information, the agency may take the initiative to secure such information.

(b) An individual other than the applicant or recipient may be used as a collateral source of information as long as he:

(i) Has definite knowledge of facts which relate to the applicant's or recipient's eligibility; and

(ii) Is willing to have his identity revealed to the applicant or recipient, upon request, should the information provided result in an adverse action.

(c) If an applicant refuses to provide information necessary to establish eligibility, which is within his capacity to provide, assistance shall be denied or terminated because eligibility cannot be established.

(5) The agency shall give prompt written notification to an applicant or recipient of any decision concerning an application for financial or medical assistance.

(a) If assistance is authorized the notice shall include the amount of the financial assistance grant, if applicable.

(b) If assistance is denied the notice shall contain:

(i) A written explanation of the reason for denial,

(ii) The citation of the specific manual section or circular letter supporting the reason for denial; and

(iii) A written explanation of the individual's right to request a fair hearing pursuant to Article 3 of these regulations.

114-1090. Termination, Suspension or Reduction of Benefits.

A. In cases where assistance is to be terminated, suspended, or reduced the agency shall give timely and adequate notice.

(1) "Timely" means that the notice is mailed at least ten days before the date of action, that is, the date upon which the action is to become effective.

(2) "Adequate" means a written notice that includes a statement of the action the agency intends to take, the reasons for the intended action, the specific regulations supporting such action, explanation of the individual's right to request a fair hearing, and the circumstances under which assistance will be continued if a hearing is requested.

B. In cases where assistance is to be terminated, suspended, or reduced because of the probable fraud of the recipient, notification of such grant adjustment shall be timely if mailed at least five days before action is to become effective.

C. The agency may dispense with timely notice but shall send adequate notice not later than the date of action when:

(1) The agency has factual information confirming the death of the recipient or AFDC payee and there is no relative available to serve as the new payee;

(2) The county department receives a clear written statement signed by a recipient that he no longer wishes assistance, or that gives information which requires termination or reduction of assistance, and the recipient has indicated, in writing, that he understands that this must be the consequence of supplying such information;

(3) The recipient has been admitted or committed to a public institution;

(4) The recipient has been placed in skilled or intermediate nursing care or hospitalized for a full calendar month or more;

(5) The recipient's whereabouts are unknown and agency mail directed to him has been returned by the post office indicating no known forwarding address. The recipient's check shall, however, be made available to him if his whereabouts become known before the last day of the month covered by the returned check;

(6) The recipient has been accepted for assistance in another county or state and that fact has been established by the county department previously providing assistance;

(7) An AFDC child has been removed from the home as a result of a judicial determination or voluntarily placed in foster care by his legal guardian;

(8) A change in level of medical care is certified by the Professional Standards Review Organization; D. The agency may dispense with both timely and adequate notice for financial assistance that is granted as a special allowance for a specific period of time, provided the recipient has been informed in writing at the time of initiation of the grant that the allowance shall automatically terminate at the end of a specified time period.

(Statutory Authority: 1976 Code Section 43-1-80)

114-1100. General.

A. The Family Independence Program is operated by the State in accordance with Title IV-A of the Social Security Act. The Department of Social Services is the designated Single State Agency to operate the Temporary Assistance for Needy Families Program funded under Title IV-A of the Social Security Act.

B. The Department shall specify the groups of individuals, based on reasonable classifications, that will be included in the Program, and all the conditions of eligibility that must be met by the individuals in the groups. The groups selected for inclusion in the State Plan and the eligibility conditions imposed must not exclude individuals or groups on an arbitrary or unreasonable basis, and must not result in inequitable treatment of individuals or groups.

C. Eligibility conditions must be applied on a consistent and equitable basis throughout the State.

D. Eligibility conditions or Department procedures or methods must not prevent an individual from applying and obtaining a determination of eligibility or ineligibility.

E. Methods of determining eligibility must be consistent with the objective of assisting all eligible persons to qualify.

114-1110. Definitions.

A. "Department" means the South Carolina Department of Social Services.

B. "Program" means Family Independence Program.

C. "Benefit or assistance" means the monetary award paid by check, electronic benefits transfer or direct deposit to the Family Independence benefit group.

D. "FI" means Family Independence Program.

E. "Applicant" means a person who has directly, or through his authorized representative, or where incompetent or incapacitated, through someone acting responsibly for him, made application for Family Independence (FI) benefits at the County Department of Social Services (CDSS) and whose application has not been denied by appropriate CDSS action.

F. "Application" is the action by which an individual indicates in writing on a form prescribed by the Department his desire to receive assistance. The relative with whom a child is living or will live ordinarily makes application for the child. An application is distinguished from an inquiry, which is simply a request for information about eligibility requirements for FI.

G. "Authorized Representative" means someone who is acting for another individual with his knowledge and consent and who has knowledge of the other individual's circumstances.

H. "Benefit Group" means all of the persons whose needs must be included in the computation of the FI benefit.

I. "Date of Application" means the date on which an application that includes the applicant's name, address and signature or authorized representative's signature is filed at the CDSS.

J. "Protective Payment" means the FI benefit is paid to a third party, who assumes responsibility for spending the benefit for the welfare of the family.

K. "Vendor Payment" means a payment made to a third party by a non-benefit group member on behalf of the benefit group.

L. "Temporary Assistance for Needy Families (TANF) Block Grant State Plan" means the document submitted to the Regional Office of the Administration for Children and Families, Department of Health and Human Services setting forth the program for needy families developed by the Department under Title IV-A of the Social Security Act (the TANF Block Grant). Submission and updating of the State Plan is required for receipt of federal funds.

M. "Job Club" means a group or individual job readiness training session where participants learn job finding and job retention skills.

N. "Individualized Self-Sufficiency Plan" means the document signed by each adult FI recipient stating the actions the recipient will take to become employed and the time frames for those actions. It also states the services the Department will provide and coordinate to assist the recipient to become employed.

O. "Redetermination" is a review of factors affecting eligibility and payment amount.

P. "State Office" means the central office of the South Carolina Department of Social Services.

Q. "Regional Office" means an office having oversight of a group of local departmental offices.

R. "Local Department" means an office located in any one of the counties of the State.

S. "Stepparent" is a person living in the home of the opposite sex ceremonially married to the parent of the children in the FI budget group.

114-1120. Application and Application Processing.

A. Application for Assistance. Each individual wishing to do so shall have the opportunity to apply for assistance without delay. Under this requirement:

(1) The Department shall require a written application, signed under a penalty of perjury, on a form prescribed by the Department (including those items in Section 43-5-65(a) of the 1976 South Carolina Code), from the applicant himself, or his authorized representative, or, where the applicant is incompetent or incapacitated, someone acting responsibly for him.

(2) An applicant may be assisted, if he so desires, by an individual(s) of his choice (who need not be a lawyer) in the various aspects of the application process and the redetermination of eligibility and may be accompanied by such individual(s) in contacts with the Department and when so accompanied may also be represented by them.

B. Beginning Date of Assistance. Provided the eligible applicant is alive on the date the application is approved, assistance begins on the earlier of the two following dates:

(1) The date the award is authorized if that date is in the same month as the month of application; or

(2) The first day of the month in which the thirtieth day from date of receipt of a completed and signed application falls.

C. Standard of Promptness. A decision shall be made promptly on applications, not in excess of thirty days, except for a benefit group in sanctioned status. A benefit group in sanctioned status which must demonstrate compliance with a work requirement will have its application acted upon within five working days after the end of the thirty-day compliance period. Under this requirement, the applicant is informed of the time standard in acting on applications which covers the time from date of application to the date that the notification of approval for an assistance benefit or notification of denial of assistance is mailed to the applicant or recipient. The standard of promptness for acting on applications or redetermining eligibility shall not be used as a waiting period before granting assistance or as a basis for denial of an application or for terminating assistance.

D. Applicants' Rights and Responsibilities. Applicants shall be informed about the eligibility requirements and their rights and responsibilities and the responsibilities of the Department under the FI Program. Under this requirement, individuals are given information in written form, and orally as appropriate, about coverage, conditions of eligibility, scope of the program, and related services available, and the rights and responsibilities of applicants for and recipients of assistance. Specifically developed bulletins or pamphlets explaining the rules regarding eligibility and appeals in simple, understandable terms shall be available.

E. Income and Eligibility Verification System. All applicants for and recipients of assistance shall be notified in writing at the time of application and on redetermination that income information will be regularly requested from agencies specified by the federal government in the Income Eligibility Verification System (IEVS) and that it will be used to aid in determining their eligibility for and amount of assistance. Assistance will not be denied, delayed, or discontinued pending receipt of income or other information requested under IEVS, if other evidence establishes the individual's eligibility for assistance.

F. Adequate Notice. Adequate notice shall be sent to applicants to indicate that assistance has been authorized, including the amount of financial assistance or that it has been denied.

G. Prompt Furnishing of Assistance. Financial assistance and services shall be furnished promptly to eligible individuals without any delay attributable to administrative process, and shall be continued regularly to all eligible individuals.

H. Eligibility Decision. Each decision regarding eligibility or ineligibility will be supported by facts in the applicant's or recipient's case record. Under this requirement, each application is disposed of by a finding of eligibility or ineligibility unless:

(1) The applicant voluntarily withdraws his application, and there is an entry in the case record that a notice has been sent to confirm the applicant's notification to the Department that he does not desire to pursue his application; or

(2) There is an entry in the case record that the application has been disposed of because the applicant died or could not be located.

I. Redetermination of Eligibility. Where an individual has been determined to be eligible; eligibility will be reconsidered or redetermined:

(1) When required on the basis of information the Department has obtained previously about anticipated changes in the individual's situation;

(2) Promptly, after a report is obtained which indicates changes in the individual's circumstances that may affect the assistance to which he is entitled and that may make him ineligible; and

(3) At least one redetermination must be made in each case once in every 12 months.

J. Timely and Adequate Notice. In cases of proposed action to terminate, discontinue, suspend or reduce assistance, the Department shall give timely and adequate notice. Timely notice means a notice mailed at least ten calendar days before the change would become effective. The change in benefit would take effect on the first day of the month following the month in which the tenth day falls. Adequate notice means a notice which is mailed not later than the date of action. Both timely and adequate notices must contain a statement of the action taken, the reasons for it, and an explanation of the individual's right to request a hearing.

K. Individual's Rights. Standards and methods for determination of eligibility shall be consistent with the objectives of the programs, and will respect the rights of individuals under the United States Constitution, the Social Security Act, Title VI of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990, and all other relevant provisions of Federal and State laws.

L. Program Oversight. The State Office and/or Regional Offices shall establish and maintain methods by which they shall be kept currently informed about local department adherence to the Department's provisions and procedural requirements for determining eligibility, and it shall take corrective action when necessary. Bi-annual reports shall be made by the Regional Offices regarding local office compliance to the State Office.

M. General Provisions Regarding Coverage and Eligibility.

(1) The Department shall specify the groups of individuals, based on reasonable classifications, that will be included in the Program, and all the conditions of eligibility that must be met by the individuals in the groups. The groups selected for inclusion in the State Plan and the eligibility conditions imposed must not exclude individuals or groups on an arbitrary or unreasonable basis, and must not result in inequitable treatment of individuals or groups. There must be clarity as to what groups are included in the State Plan.

(2) Eligibility conditions must be applied on a consistent and equitable basis throughout the State.

(3) Eligibility conditions or Department procedures or methods must not prevent an individual form applying and obtaining a determination of eligibility or ineligibility.

(4) Methods of determining eligibility must be consistent with the objective of assisting all eligible persons to qualify.

N. Need and Amount of Assistance.

(1) The determination of need and amount of assistance for all applicants and recipients will be made on an objective and equitable basis and all types of income will be taken into consideration in the same way except where otherwise specifically authorized by state statute.

(2) The needs, income, and resources of individuals receiving Supplemental Security Income (SSI) benefits under Title XVI of the Social Security Act, individuals with respect to whom Federal foster care payments are made, individuals with respect to whom State or local foster care payments are made, individuals with respect to whom Federal adoption assistance payments are made, or individuals with respect to whom State adoption assistance payments are made, for the period for which such benefits or payments are received, shall not be included in determining the need and the amount of the assistance payment.

(3) When the Department learns of an individual who is required to be included in the assistance unit, the Department must redetermine the assistance unit's eligibility and payment amount.

(4) In determining need and the amount of payment for the assistance unit, all income and resources of an individual required to be in the assistance unit, but subject to sanction are considered available to the assistance unit to the same extent that they would be if the person were not subject to a sanction.

114-1130. Non-Financial Criteria.

A. Relationship. A child may be considered to meet the requirement of living with a specified relative if his or her home is with a parent or a person in one of the following groups:

(1) Any blood relative, including those of half-blood, and including first cousins, first cousins once removed, nephews, or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great.

(2) Stepfather, stepmother, stepbrother, and stepsister.

(3) Persons who legally adopt a child or his parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with State law.

(4) Spouses of any persons named in the above groups even after the marriage is terminated by death or divorce.

B. Filing Unit. In order for the family to be eligible, an application with respect to a dependent child must also include, if living in the same household and otherwise eligible for assistance:

(1) Any natural or adoptive parent, and

(2) Any blood-related or adoptive brother or sister including those of half-blood; Exception: needs of disqualified alien siblings are not considered in determining the eligibility and payment of an otherwise eligible dependent child, and

(3) A stepparent living in the home. The stepparent's income may be reduced by any child support paid to legal dependents outside the home.

(4) When an individual who is required to be included in the assistance unit pursuant to paragraphs (1) and (2) above is also required to be included in another assistance unit, those assistance units must be consolidated, and treated as one assistance unit for purposes of determining eligibility and the amount of payment.

(5) Unborn children are not included in the filing unit.

C. Residence. The Department will not impose any residence requirement which excludes any individual who is a resident of the State except as provided in paragraph (2) of this section. For purposes of this section, a resident of the state is one:

(1) Who is living in the State voluntarily with the intention of making his or her home there and not for a temporary purpose. A child is a resident of the State unless he or she is living here on a temporary basis. Residence may not depend upon the reason for which the individual entered the State, except insofar as it may bear upon whether the individual is here voluntarily or for a temporary purpose; or

(2) Who is living in the State and is not receiving assistance from another State.

D. Citizenship and Alienage. To be eligible for assistance the dependent child, the caretaker relative or any other person whose needs are considered in determining the need of the child claiming aid must be either:

(1) A United States citizen or a legal alien who entered the United States before August 22, 1996, or

(2) Belong to one of the following alien categories:

(a) Refugees, asylees, and those whose deportation is withheld (only for their first five years in the United States).

(b) Veterans, persons on active duty, and their spouses and unmarried dependent children.

(c) Immigrants who have worked in the United States for ten years.

E. Age. To receive assistance a dependent child must be under eighteen years of age or under nineteen years of age and a full-time student in a secondary school (or in the equivalent level of vocational or technical training).

F. Furnishing of Social Security Numbers. As a condition of eligibility, each applicant for or recipient of FI benefits will be required:

(1) To furnish to the Department a Social Security Account Number, hereinafter referred to as the SSN (or numbers, if more than one has been issued).

(2) If he cannot furnish a SSN (either because such SSN has not been issued or is not known), to apply for such number with the Social Security Administration (SSA). The applicant or recipient shall apply directly for such number, submit verification of such application, and provide the number to the Department upon its receipt.

(3) The Department will assist the applicant or recipient in making applications for SSN's and will comply with the procedures and requirements established by the Social Security Administration for application, issuance, and verification of SSN's.

(4) The Department will not deny, delay, or discontinue assistance pending the issuance or verification of such numbers if the applicant or recipient has complied with the requirements of paragraph (2) above.

(5) The State or local agency will use such account numbers, in addition to any other means of identification it may determine to employ, in the administration of the FI Program.

(6) "Applicant" and "recipient" include for the purposes of this section the individuals seeking or receiving assistance and any other individual(s) whose needs are considered in determining the amount of assistance.

(7) The Department shall notify the applicant or recipient that the furnishing of the SSN is a condition of eligibility for assistance and that the SSN will be utilized in the administration of the program.

(8) The Department will submit all unverified SSN's to the SSA for verification. The State agency may accept as verified a social security number provided directly to the State agency by SSA or by another Federal or federally-assisted benefit program which has received the number from SSA or has submitted it to SSA for verification.

G. Temporary Absence. The Department will not provide assistance for a minor child or caretaker relative who has been or is expected to be absent from the home for a period of thirty consecutive days or more; however, the casemanager may extend the absence for up to an additional sixty days if it is determined that a longer absence would serve the best interests of the family.

H. Notice Requirements. In cases of intended action to discontinue, terminate, suspend or reduce assistance or to change the manner or form of payment to a protective payment:

(1) The State or local department shall give timely and adequate notice, except as provided for in paragraphs (2) or (4) of this paragraph. Under this requirement:

(a) "Timely" means that the notice is mailed at least 10 days before the date of action, that is, the date upon which the action would become effective;

(b) "Adequate" means a written notice that includes a statement of what action the Department intends to take, the reasons for the intended departmental action, explanation of the individual's right to request a State agency hearing, the circumstances under which assistance is continued if a hearing is requested, and if the agency action is upheld, that such assistance must be repaid.

(2) The Department may dispense with timely notice but shall send adequate notice not later than the date of action when:

(a) The Department has factual information confirming the death of a recipient or of the FI payee when there is no relative available to serve as new payee;

(b) The Department receives a clear written statement signed by a recipient that he no longer wishes assistance, or that gives information which requires termination or reduction of assistance, and the recipient has indicated, in writing, that he understands that this must be the consequence of supplying such information;

(c) The recipient has been admitted or committed to an institution, and is ineligible for further payments;

(d) The recipient has been placed in skilled nursing care, intermediate care or long-term hospitalization;

(e) The claimant's whereabouts are unknown and agency mail directed to him has been returned by the post office indicating no known forwarding address. The claimant's check must, however, be made available to him if his whereabouts become known during the payment period covered by a returned check;

(f) A recipient has been accepted for assistance in a new jurisdiction and that fact has been established by the jurisdiction previously providing assistance;

(g) A FI child is removed from the home as a result of a judicial determination, or voluntarily placed in foster care by his legal guardian.

(3) When changes in either State law require automatic grant adjustments for classes of recipients, adequate notice of such grant adjustments shall be given which includes a statement of the intended action, the reasons for such intended action, and a statement of the circumstances under which a hearing may be obtained and assistance continued.

(4) When the Department obtains facts indicating that assistance should be discontinued, suspended, terminated, or reduced because of the probable fraud of the recipient, and, where possible, such facts have been verified through collateral sources, notice of such grant adjustment shall be timely if it is received by the date the action would become effective.

I. Institutional Status.

(1) Assistance is not available for any individual who is an inmate of a public institution, such as a correctional institution, juvenile detention facility, etc.

(2) Assistance is available for the month of entry and the following month for an individual who enters a medical institution or an institution for mental diseases.

(a) "Medical institution" means an institution which:

(i) Is organized to provide medical care, including nursing and convalescent care;

(ii) Has the necessary professional personnel, equipment, and facilities to manage the medical, nursing, and other health needs of patients on a continuing basis in accordance with accepted standards;

(iii) Is authorized under State law to provide medical care;

(b) "Institution for mental diseases" means an institution which is primarily engaged in providing diagnosis, treatment or care of persons with mental diseases, including medical attention, nursing care, and related services.

(3) Assistance is available for recipients who enter facilities operated by the Department of Alcohol and Other Drug Abuse Substances for the month of entry and the following month.

J. Minor Unmarried Parent. The Department requires a minor unmarried parent under age eighteen to live in the household of her parent, legal guardian, other adult relative or in an adult supervised supportive living arrangement (e.g., a foster home or maternity home) in order to receive FI benefits unless:

(1) The minor parent has no living parent or legal guardian whose whereabouts is known;

(2) No living parent or legal guardian of the minor parent allows the minor parent to live in his or her home;

(3) The minor parent lived apart from his or her own parent or legal guardian for a period of at least one year before either the birth of the dependent child or the parent's having made application for FI;

(4) The physical or emotional health or safety of the minor parent or dependent child would be jeopardized if they resided in the same residence with the minor parent's parent or legal guardian;

(5) There is otherwise good cause for the minor parent and dependent child to receive assistance while living apart from the minor parent's parent, legal guardian, or other adult relative, or an adult-supervised supportive living arrangement.

(6) If a minor parent makes allegations supporting the conclusion that paragraph J(4) of this section applies, the Department shall determine whether it is justified.

(7) The circumstances justifying a determination of good cause include but are not limited to written statements from at least two corroborating persons showing that it is not in the best interest of the minor parent to live with his or her parents, legal guardian or in an adult-supervised supportive living arrangement.

(8) When a minor parent and his or her dependent child are required to live with the minor parent's parent, legal guardian, or other adult relative, or in an adult-supervised supportive living arrangement, then FI is paid (where possible) in the form of a protective payment.

(9) A minor parent applicant shall be informed directly about FI eligibility requirements including his or her rights and responsibilities under the program. He or she shall be told of the possible exemptions set forth in this section and be asked whether one or more of the exemptions is applicable to his or her situation. The Department will assist the minor in obtaining the necessary verification if one or more of these exemptions is alleged.

K. Denial of Benefits to Strikers. Participation in a strike shall not constitute good cause to leave, or to refuse to seek or accept employment.

(1) FI benefits will be denied to any family for any month in which any caretaker relative with whom the child is living is, on the last day of such month, participating in a strike; and

(2) No individual's needs shall be included in determining the amount of assistance payable for any month to a family under the plan if, on the last day of such month, such individual is participating in a strike.

(3) Definitions: "Strike" is defined by using the National Labor Relations Board definition (29 U.S.C. 142(2)). For purposes of paragraph (1) above, "caretaker relative" means any natural or adoptive parent.

L. Identity and Proof of Residence. The Department shall require that all persons applying for assistance shall provide acceptable identification and proof of residence in the State.

M. Change Reporting Requirements. Family Independence applicants and recipients shall report the following changes within ten days:

(1) A change in the composition of the household;

(2) A change of address; or

(3) Obtaining a job or losing a job.

(4) Failure to report any of the above changes does not excuse the client from repayment of benefits in the situation where failure to report caused an overpayment of the FI benefit.

N. Child Support Requirements.

(1) Cooperation with Child Support.

(a) Applicants and recipients of FI must provide as a condition of receiving benefits:

(i) The first and last name of the absent parent and putative father and any known licenses as defined in 1976 Code Section 20-7-941(4); and

(ii) At least two of the following items on each absent parent and each putative father named: date of bi