1. A. Application. After the receipt of the application for licensure/relicensure by the Agency, the Department shall initiate a licensing study within two (2) weeks and shall complete the assessment within ninety (90) days.
2. B. Issuance. Upon completion and submission of the licensing/relicensing study to the Department, the Department shall issue a Standard license or a Standard License with Temporary Waiver or deny the application/reapplication.
3. C. Display of License. The license is the property of the Department and shall be prominently displayed at all times by the Agency.
4. 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.
5. 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 Standard License with Temporary Waiver, revoked or suspended.

6. F. Standard License with Temporary Waiver

   1. (1) The Department may grant a Standard License with Temporary Waiver to a child placing agency that is temporarily unable to comply with a regulations, provided the health and safety of children would not be endangered, and the health and safety of clients would not be adversely affected.
   2. (2) The licensee shall have a written plan, approved by the Department, to correct the areas of noncompliance within the probationary period.
   3. (3) A Standard License with Temporary Waiver may be issued for a period not to exceed 90 days, but only to an Agency that is otherwise in good standing and that currently holds a license or is in the re-licensing process.

   4. (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:

      1. (a) The regulations can and will be met within a reasonable time, and;
      2. (b) The deviations do not seriously threaten the health and safety of children, or otherwise adversely affect clients.
   5. (5) Any existing license is invalid when a Standard License with Temporary Waiver is issued.
   6. (6) At the expiration of the Standard License with Temporary Waiver, for good cause shown, the Department may extend the period for an additional 90 days, provided the extension would not endanger the health and safety of children, or otherwise adversely affect clients.
   7. (7) To change the status from a Standard License with Temporary Waiver to a Standard License, the Agency shall submit written notification and evidence that noted deficiencies have been corrected within the time frame specified by the Department.
   8. (8) After the Department determines that the areas of noncompliance have been corrected, a Standard License shall be issued.

7. G. Denial or Revocation of a License

   1. (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:

      1. (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;
      2. (b) A violation of the provisions of Sections 63-11-10 through 63-11-90 or any regulation pursuant to that law, or any violation of the adoption law or its regulations;
      3. (c) The employment of any individual who has been determined to have committed any act referenced in Regulation 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;
      4. (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;
      5. (e) False information given during the application or relicensing process;
      6. (f) Material misrepresentations to clients during the course of child placing agency business;
      7. (g) A judicial determination of a violation of the South Carolina Unfair Trade Practices Act;
   2. (2) The decision to deny or revoke a license is made by the Department.
   3. (3) A license that has been revoked must be returned to the Department within ten (10) working days.

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

   1. (1) Any child placing agency whose application has been denied or whose license has been revoked may request a hearing in accordance with the Department’s fair hearing regulations. 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. (2) If the child placing agency does not appeal a denial or revocation within thirty (30) days, the Department’s decision becomes final and the Department may proceed to require immediate cessation of business by the child placing agency, including injunctive relief when necessary. Where harm to clients is imminent, the Department may proceed to seek an injunction prior to the expiration of thirty (30) days.

9. I. License Amendments

   1. (1) Amendments must be requested in writing to the Department prior to a change in location or name change.
   2. (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 30 calendar days after receipt of the new license.

HISTORY: Amended by SCSR 49-5 Doc. No. 5308, eff May 23, 2025.