South Carolina General Assembly

116th Session, 2005-2006

S. 344

STATUS INFORMATION

General Bill

Sponsors: Senator J.Verne Smith

Document Path: l:\council\bills\nbd\11180ac05.doc

Introduced in the Senate on January 26, 2005

Introduced in the House on March 9, 2005

Currently residing in the House Committee on Judiciary

Summary: DSS and Education Department responsible for developing interagency system for emotionally disturbed children

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

1/26/2005SenateIntroduced and read first time SJ12

1/26/2005SenateReferred to Committee on JudiciarySJ12

3/2/2005SenateCommittee report: Favorable JudiciarySJ12

3/3/2005SenateRead second time SJ32

3/3/2005Scrivener's error corrected

3/8/2005SenateRead third time and sent to House SJ16

3/9/2005HouseIntroduced and read first time HJ9

3/9/2005HouseReferred to Committee on JudiciaryHJ10

VERSIONS OF THIS BILL

1/26/2005

3/2/2005

3/3/2005

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 2, 2005

S.344

Introduced by Senator J.Verne Smith

S. Printed 3/2/05--S.[SEC 3/3/05 4:05 PM]

Read the first time January 26, 2005.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S.344) to amend Sections 2075710 and 2075720, Code of Laws of South Carolina, 1976, both relating to the interagency system for caring for emotionally disturbed children, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

LARRY A. MARTIN for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

See Below

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

See Below

EXPLANATION OF IMPACT:

The Department of Juvenile Justice and the Department of Social Services each indicate this bill would have either no impact or a minimal impact on the General Fund of the State that could be absorbed within existing resources.

Department of Education

The agency has been forwarded a copy of the bill. The agency’s response is pending.

Approved By:

Don Addy

Office of State Budget

[344-1]

A BILL

TO AMEND SECTIONS 2075710 AND 2075720, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE INTERAGENCY SYSTEM FOR CARING FOR EMOTIONALLY DISTURBED CHILDREN, SO AS TO SPECIFY THAT THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF JUVENILE JUSTICE ARE AMONG THE AGENCIES RESPONSIBLE FOR DEVELOPING THIS SYSTEM, TO SPECIFY THAT THE GOAL OF THE SYSTEM IS TO SUPPORT CHILDREN WHO ARE AT RISK FOR PLACEMENT IN AN OUTOFHOME TREATMENT SETTING, AND TO FURTHER CLARIFY THE RESPONSIBILITIES OF THE SYSTEM; AND TO AMEND SECTION 2075730, AS AMENDED, RELATING TO THE SERVICES FUND FOR EMOTIONALLY DISTURBED CHILDREN, SO AS TO CLARIFY THE PAYMENT METHOD FOR THE DEPARTMENT OF EDUCATION’S SHARE OF COSTS FOR CHILDREN IN THE SYSTEM.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION1.Section 2075710 of the 1976 Code, as added by Part II, Section 83A of Act 497 of 1994, is amended to read:

“Section 2075710.There is established the Interagency System for Caring for Emotionally Disturbed Children, an integrated system of care to be developed by the Continuum of Care for Emotionally Disturbed Children of the Governor’s Office, the Department of Disabilities and Special Needs, the Department of Education, the StateDepartment of Health and Human Services Finance Commission, the Department of Juvenile Justice, the Department of Mental Health, and the Department of Social Services to be implemented by November 1, 1994. The goal of the system is to implement South Carolina’s Families First Policy and to support children who are at risk for placement in an outofhome treatment setting in a manner that enables them to function in a community setting. The system shall provide assessment and evaluation procedures to insureensure a proper service plan and placement for each child. This system must have as a key component the clear identification of the agency accountable for monitoring on a regular basis each child’s care plan and procedures to evaluate and certify the programs offered by providers.”

SECTION2.Section 2075720 of the 1976 Code, as added by Part II, Section 83A of Act 497 of 1994, is amended to read:

“Section 2075720.The Department of Social Services, in conjunction with the other agencies involved in the Families First Initiativeintegrated system of care, shall design and manage a component of the Interagency System for Caring for Emotionally Disturbed Children, for. The system shall assist families and children identified as in need of special support in the community or when necessary, in a substitute care setting. In an effort to reduce the number of children developing emotional and behavioral disorders, this component of the system must be designed to provide intense services for children who are at risk for removal or who must be removed from their families or who are having difficulty in substitute care and must include age appropriate substitute care. Services provided under this component of the system may be provided by the department to children who are not in the custody of the State. This component of the system must be implemented by January 1, 1995, and The department shall report quarterlyannually to the Governor, the Senate Finance Committee and the House Ways and Means Committee on the activities of this component of the system including, but not limited to, services provided clients served, and assessment of the progress and success of this componentsystem in carrying out the purposes of this section.”

SECTION3.Section 2075730 of the 1976 Code, as amended by Section 52, Part II, Act 458 of 1996, is further amended to read:

“Section 2075730.There is established the Services Fund for Emotionally Disturbed Children. The Interagency System for Caring for Emotionally Disturbed Children, as provided for in Section 2075710, must be paid for solely by the fund and money in the fund must be used only to support the system. The fund must be administered by the Department of Social Services. The Department of Education shall continue to be billed a share of costs for covered children in the system as provided for under the Children’s Case Resolution System. The Department of Social Services, in conjunction with other agencies participating in the system, shall develop billing and management protocols that maximize the use of the funds available.”

SECTION4.This act takes effect upon approval by the Governor.

XX

[344]1