S.C. Code Ann. § 20-7-2725 – Day care center employment

(A) No day care center, group day care home, family day care home, or church or religious day care center may employ a person or engage the services of a caregiver who is required to register under the sex offender registry act pursuant to Section 23-3-430 or who has been convicted of:
1. (1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
2. (2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
3. (3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
4. (4) the felonies classified in Section 16-1-10(A), except that this prohibition does not apply to Section 56-5-2930, the Class F felony of driving under the influence pursuant to Section 56-5-2940(4) if the conviction occurred at least ten years prior to the application for employment and the following conditions are met:
  1. (a) the person has not been convicted in this State or any other state of an alcohol or drug violation during the previous ten-year period;
  2. (b) the person has not been convicted of and has no charges pending in this State or any other state for a violation of driving while his license is canceled, suspended, or revoked during the previous ten-year period; and
  3. (c) the person has completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency.
    A person who has been convicted of a first-offense violation of Section 56-5-2930 must not drive a motor vehicle or provide transportation while in the official course of his duties as an employee of a daycare center, group daycare home, family daycare home, or church or religious daycare center.
    If the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or any other state or of a municipality of this State or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, the person's employment must be terminated;
5. (5) the offenses enumerated in Section 16-1-10(D); or
6. (6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(B) A person who has been convicted of a crime enumerated in subsection (A) who applies for employment with, is employed by, or is a caregiver at a day care center, group day care home, family day care home, or church or religious day care center is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(C) Application forms for employment at child day care centers, group day care homes, family day care homes, or church or religious day care centers must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (A) who applies for employment with, is employed by, or seeks to provide caregiver services or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(D) To be employed by or to provide caregiver services at a day care facility licensed, registered, or approved under this subarticle, a person first shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. A person may be provisionally employed or may provisionally provide caregiver services after the favorable completion of the State Law Enforcement Division fingerprint review and until such time as the Federal Bureau of Investigation review is completed if the person affirms in writing on a form provided by the department that he or she has not been convicted of any crime enumerated in this section. 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 caregiver services in a day care center, group day care home, family day care home, or church or religious day care center; however, if a person is not employed or does not provide caregiver services for one year or longer, the fingerprint reviews must be repeated.
(E) Unless otherwise required by law, this section does not apply to volunteers in a day care center, group day care home, family day care home, or church or religious day care center. For purposes of this section, "volunteer" means a person who:
1. (1) provides services without compensation relating to the operation of a day care center, group day care home, family day care home, or church or religious day care center; and
2. (2) is in the presence of an operator, employee, or caregiver when providing direct care to children.
  "Volunteer" includes, but is not limited to, parents, grandparents, students, and student teachers.
(F) Unless otherwise required by law, this section applies to:
1. (1) an employee who provides care to the child or children without the direct personal supervision of a person licensed, registered, or approved under this subarticle; and
2. (2) any other employee at a facility licensed, registered, or approved under this subarticle who has direct access to a child outside the immediate presence of a person who has undergone the fingerprint review required under this subarticle.