S.C. Code Regs. § § 114-4930

Current through Register Vol. 48, No. 11, November 22, 2024

Section 114-4930 - Requirements for Licenses and Types of Licenses

A. Application. After the receipt of the application for licensure/relicensure by the Department, the Department shall initiate a licensing study within two (2) weeks and shall complete the study within ninety (90) days.

B. Issuance. Upon completion and submission of the licensing/relicensing study to the Department, the Department shall issue a Temporary license or a Standard license or deny the application/reapplication.

C. Display of License. The license is the property of the Department and shall be prominently displayed at all times.

D. Compliance. Any child placing agency which operates any form of child care program, whether day care or residential in nature, must comply with all applicable State regulatory requirements for that type of child care program.

E. Standard License. The Department shall issue a Standard License when a child placing agency meets all the regulations. A Standard License is in effect for one (1) year from the date of issuance unless cancelled, modified to a Temporary License, revoked or suspended.

F. Temporary License

(1) The Department may grant a Temporary License to a child placing agency that is temporarily unable to comply with a regulation(s).

(2) The licensee shall have a written plan, approved by the Department, to correct the areas of noncompliance within the probationary period.

(3) A Temporary License may be issued for up to six (6) months. It may be extended once for an additional six (6) months after consideration of noted deficiencies.

(4) A Temporary License that states the condition of the probation may be issued at any time; provided, however, that a Temporary License may only be issued when the Department is satisfied that:

(a) The regulations can and will be met within a reasonable time, and;

(b) The deviations do not seriously threaten the health and safety of children, or otherwise adversely affect clients.

(5) Any existing license is invalid when a Temporary License is issued.

(6) At the expiration date of the Temporary License, if the provider wishes to continue or remain open the Department shall reinstate the original license to the end of its term, issue a new license, or revoke the license.

(7) To request a change from a Temporary License to a Standard License, the child placing agency shall notify the Department that all deficiencies which required the Temporary License have been corrected.

(8) After the Department determines that the areas of noncompliance have been corrected, a Standard License shall be issued.

G. Denial or Revocation of a License

(1) Any of the following actions by a child placing agency or any employee thereof may be grounds for denial or revocation of a license:

(a) An intentional act or omission violating the South Carolina Child Protection Act, or any other act or omission in violation of professional social work standards and threatening the health or safety of clients;

(b) A violation of the provisions of the Licensing Law, S. C. Code 20-7-2230 through 20-7-2290 or any regulation pursuant to that law, or any violation of the adoption law or its regulations;

(c) The employment of any individual who has been determined to have committed any act referenced in R. 114-4910 C(6) of these regulations, where that individual has direct contact with children as a result of employment. However, the child placing agency may request a waiver of this requirement. The individual must submit written documentation regarding the type of rehabilitation program they might have undergone and the effects of the rehabilitative efforts on their behavior/lives. An evaluation by the involved counselor or therapist must also be submitted to the Department. The Commissioner or his designated representative(s) will review this data and determine if a license can be issued;

(d) A failure to comply with licensing regulations with a determination by the Department that compliance cannot be accomplished within established or reasonable time limits;

(e) False information given during the application or relicensing process;

(f) Material misrepresentations to clients during the course of child placing agency business;

(g) A judicial determination of a violation of the South Carolina Unfair Trade Practices Act;

(2) The decision to deny or revoke a license is made by the Department.

(3) A license which has been revoked must be returned to the Department within ten (10) working days.

H. Appeal of Denial of Application or Revocation of a Child Placing Agency License

(1) Any child placing agency whose application has been denied or whose license has been revoked may request a hearing pursuant to the same provisions applicable to private child day care centers found in 20-7-2760, Code of Laws of South Carolina, except that any judicial review of a final agency decision shall be based upon a review of the administrative hearing record, rather than a trial de novo. The Department will be responsible for documenting violations which warrant denial of an application/revocation of a license. If the Department is not represented by an attorney, the Department staff will be responsible for presenting the case, cross examining witnesses, etc.

(2) If the child placing agency does not appeal a denial or revocation within thirty (30) days, the Department may proceed to require immediate cessation of business by the child placing agency, including injunctive action where necessary. Where harm to clients is imminent, the Department may proceed to seek an injunction prior to the expiration of thirty (30) days.

I. License Amendments

(1) Amendments must be requested in writing to the Department prior to a change in location, name change, or in the case of foster homes, the number of children served.

(2) Upon receipt and approval of the amendment, a new license shall be issued within thirty (30) calendar days. The original license must be returned to the Department within five (5) working days after receipt of the new license.

S.C. Code Regs. § 114-4930