1 South Carolina General Assembly 2 116th Session, 2005-2006 3 4 S. 344 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senator J. Verne Smith 10 Document Path: l:\council\bills\nbd\11180ac05.doc 11 12 Introduced in the Senate on January 26, 2005 13 Introduced in the House on March 9, 2005 14 Currently residing in the House Committee on Judiciary 15 16 Summary: DSS and Education Department responsible for developing interagency system for emotionally 17 disturbed children 18 19 20 HISTORY OF LEGISLATIVE ACTIONS 21 22 Date Body Action Description with journal page number 23 1/26/2005 Senate Introduced and read first time SJ-12 24 1/26/2005 Senate Referred to Committee on Judiciary SJ-12 25 3/2/2005 Senate Committee report: Favorable Judiciary SJ-12 26 3/3/2005 Senate Read second time SJ-32 27 3/3/2005 Scrivener's error corrected 28 3/8/2005 Senate Read third time and sent to House SJ-16 29 3/9/2005 House Introduced and read first time HJ-9 30 3/9/2005 House Referred to Committee on Judiciary HJ-10 31 32 33 VERSIONS OF THIS BILL 34 35 1/26/2005 36 3/2/2005 37 3/3/2005 38 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 March 2, 2005 6 7 S. 344 8 9 Introduced by Senator J. Verne Smith 10 11 S. Printed 3/2/05--S. [SEC 3/3/05 4:05 PM] 12 Read the first time January 26, 2005. 13 14 15 THE COMMITTEE ON JUDICIARY 16 To whom was referred a Bill (S. 344) to amend Sections 17 20-7-5710 and 20-7-5720, Code of Laws of South Carolina, 1976, 18 both relating to the interagency system for caring for emotionally 19 disturbed children, etc., respectfully 20 REPORT: 21 That they have duly and carefully considered the same and 22 recommend that the same do pass: 23 24 LARRY A. MARTIN for Committee. 25 26 27 STATEMENT OF ESTIMATED FISCAL IMPACT 28 ESTIMATED FISCAL IMPACT ON GENERAL FUND 29 EXPENDITURES: 30 See Below 31 ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER 32 FUND EXPENDITURES: 33 See Below 34 EXPLANATION OF IMPACT: 35 The Department of Juvenile Justice and the Department of 36 Social Services each indicate this bill would have either no impact 37 or a minimal impact on the General Fund of the State that could be 38 absorbed within existing resources.

1 [344-1] 1 Department of Education 2 The agency has been forwarded a copy of the bill. The agency’s 3 response is pending. 4 5 Approved By: 6 Don Addy 7 Office of State Budget 8

1 [344-2] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTIONS 20-7-5710 AND 20-7-5720, CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO 13 THE INTERAGENCY SYSTEM FOR CARING FOR 14 EMOTIONALLY DISTURBED CHILDREN, SO AS TO 15 SPECIFY THAT THE DEPARTMENT OF EDUCATION AND 16 THE DEPARTMENT OF JUVENILE JUSTICE ARE AMONG 17 THE AGENCIES RESPONSIBLE FOR DEVELOPING THIS 18 SYSTEM, TO SPECIFY THAT THE GOAL OF THE SYSTEM 19 IS TO SUPPORT CHILDREN WHO ARE AT RISK FOR 20 PLACEMENT IN AN OUT-OF-HOME TREATMENT 21 SETTING, AND TO FURTHER CLARIFY THE 22 RESPONSIBILITIES OF THE SYSTEM; AND TO AMEND 23 SECTION 20-7-5730, AS AMENDED, RELATING TO THE 24 SERVICES FUND FOR EMOTIONALLY DISTURBED 25 CHILDREN, SO AS TO CLARIFY THE PAYMENT METHOD 26 FOR THE DEPARTMENT OF EDUCATION’S SHARE OF 27 COSTS FOR CHILDREN IN THE SYSTEM. 28 29 Be it enacted by the General Assembly of the State of South 30 Carolina: 31 32 SECTION 1. Section 20-7-5710 of the 1976 Code, as added by 33 Part II, Section 83A of Act 497 of 1994, is amended to read: 34 35 “Section 20-7-5710. There is established the Interagency 36 System for Caring for Emotionally Disturbed Children, an 37 integrated system of care to be developed by the Continuum of 38 Care for Emotionally Disturbed Children of the Governor’s Office, 39 the Department of Disabilities and Special Needs, the Department 40 of Education, the State Department of Health and Human Services 41 Finance Commission, the Department of Juvenile Justice, the 42 Department of Mental Health, and the Department of Social

1 [344] 1 1 Services to be implemented by November 1, 1994. The goal of the 2 system is to implement South Carolina’s Families First Policy and 3 to support children who are at risk for placement in an out - of - home 4 treatment setting in a manner that enables them to function in a 5 community setting. The system shall provide assessment and 6 evaluation procedures to insure ensure a proper service plan and 7 placement for each child. This system must have as a key 8 component the clear identification of the agency accountable for 9 monitoring on a regular basis each child’s care plan and 10 procedures to evaluate and certify the programs offered by 11 providers.” 12 13 SECTION 2. Section 20-7-5720 of the 1976 Code, as added by 14 Part II, Section 83A of Act 497 of 1994, is amended to read: 15 16 “Section 20-7-5720. The Department of Social Services, in 17 conjunction with the other agencies involved in the Families First 18 Initiative integrated system of care, shall design and manage a 19 component of the Interagency System for Caring for Emotionally 20 Disturbed Children, for. The system shall assist families and 21 children identified as in need of special support in the community 22 or when necessary, in a substitute care setting. In an effort to 23 reduce the number of children developing emotional and 24 behavioral disorders, this component of the system must be 25 designed to provide intense services for children who are at risk 26 for removal or who must be removed from their families or who 27 are having difficulty in substitute care and must include age 28 appropriate substitute care. Services provided under this 29 component of the system may be provided by the department to 30 children who are not in the custody of the State. This component 31 of the system must be implemented by January 1, 1995, and The 32 department shall report quarterly annually to the Governor, the 33 Senate Finance Committee and the House Ways and Means 34 Committee on the activities of this component of the system 35 including, but not limited to, services provided clients served, and 36 assessment of the progress and success of this component system 37 in carrying out the purposes of this section.” 38 39 SECTION 3. Section 20-7-5730 of the 1976 Code, as amended 40 by Section 52, Part II, Act 458 of 1996, is further amended to read: 41 42 “Section 20-7-5730. There is established the Services Fund for 43 Emotionally Disturbed Children. The Interagency System for

1 [344] 2 1 Caring for Emotionally Disturbed Children, as provided for in 2 Section 20-7-5710, must be paid for solely by the fund and money 3 in the fund must be used only to support the system. The fund 4 must be administered by the Department of Social Services. The 5 Department of Education shall continue to be billed a share of 6 costs for covered children in the system as provided for under the 7 Children’s Case Resolution System. The Department of Social 8 Services, in conjunction with other agencies participating in the 9 system, shall develop billing and management protocols that 10 maximize the use of the funds available.” 11 12 SECTION 4. This act takes effect upon approval by the 13 Governor. 14 ----XX---- 15

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