South Carolina Code of Regulations Chapter 114 - DEPARTMENT OF SOCIAL SERVICES
š South Carolina Code of Regulations ā Chapter 114
Title: Department of Social Services (DSS)
This chapter governs how the South Carolina DSS operates its programs, investigates abuse, conducts administrative hearings, and licenses facilities such as daycare centers and residential group homes. These regulations are enforced alongside statutory law and constitutional principles like due process.
š Structure of Chapter 114 ā Key Areas
Article 1: Fair Hearings
Articles on Specific Programs (e.g., SNAP, TANF)
Child Protective Services in Institutions
Licensing of Daycare & Residential Facilities
Corrective Actions & Enforcement
š 1. Fair Hearings and Due Process ā [Ā§Ā§114-100 to 114-180]
These regulations establish procedures for challenging adverse decisions by DSSāsuch as termination of benefits, licensing denials, or abuse findings.
Key Provisions:
Right to Hearing: Any individual or entity who is adversely affected by a DSS decision is entitled to request a fair hearing.
Deadlines:
SNAP: 90 days
TANF (Family Independence): 60 days
Notice: The agency must provide written notice of the adverse action, including reasons and appeal rights.
Hearing Procedure:
Conducted by an impartial hearing officer.
Parties may be represented by counsel.
Evidence may be presented and cross-examined.
š Case Law:
Ex parte South Carolina DSS, 343 S.C. 149 (2000)
Issue: DSS contested a family court's order related to benefit eligibility.
Holding: The Supreme Court reaffirmed that DSS administrative decisions must provide for due process, including a meaningful opportunity to be heard.
Doe v. South Carolina DSS, 398 S.C. 51 (Ct. App. 2011)
Issue: An individual appealed a DSS decision listing them in the child abuse registry.
Holding: Court held that failure to provide an adequate hearing violated the individual's due process rights. The DSS must follow the procedures outlined in both regulations and statute, including timely notice and an impartial hearing.
š 2. Licensing of Daycare and Residential Facilities ā [Ā§Ā§114-500 et seq.]
DSS licenses childcare centers, family daycare homes, and residential care facilities for children. The regulations set standards for safety, staffing, sanitation, background checks, and ongoing compliance.
Key Provisions:
Health & Safety: Facilities must meet specific requirements for hygiene, equipment, medication storage, and emergency preparedness.
Staffing: Must have adequate staff-to-child ratios and qualified personnel.
Inspections: DSS conducts both announced and unannounced inspections.
Provisional Licenses: May be issued if minor deficiencies exist that donāt threaten safety.
š Case Law:
Caring Hearts Home Care, Inc. v. DSS, 420 S.C. 621 (Ct. App. 2017)
Issue: The agency revoked a home care providerās license due to alleged violations of care standards.
Holding: Court upheld DSSās revocation because the agency followed the procedural requirements and made a finding based on substantial evidence.
Childrenās Center, Inc. v. DSS, Unpublished Opinion (S.C. Admin. Law Court, 2014)
Issue: A daycare challenged a revocation of license after repeated sanitation violations.
Outcome: The court ruled that DSS acted properly under Chapter 114 by issuing a provisional license and offering time to correct before revocation. When noncompliance continued, revocation was justified.
š 3. Child Protective Services in Institutions ā [Ā§Ā§114-4510 to 114-4530]
These regulations govern DSSās investigation of abuse or neglect in institutional settings, like group homes, foster homes, or child placement agencies.
Key Provisions:
Initial Action: DSS must begin the investigation within 24 hours of receiving a report.
Investigation Includes:
Interviews (private) with the child, accused, and staff.
Review of medical and facility records.
Findings:
Indicated: Reasonable evidence of abuse/neglect.
Unfounded: Insufficient evidence.
Corrective Action:
For "indicated" findings, the facility must submit a corrective action plan within 90 days.
DSS monitors follow-through with periodic visits.
š Case Law:
Harris v. DSS, 371 S.C. 621 (Ct. App. 2007)
Issue: A foster parent challenged DSSās āindicatedā abuse finding.
Holding: The court found DSS had failed to conduct required interviews and did not notify the accused within the proper time frame. The finding was overturned for lack of procedural compliance.
Smith v. DSS, 391 S.C. 308 (2010)
Issue: A worker at a residential facility challenged DSSās failure to timely remove an āindicatedā finding.
Holding: The court reiterated the need for DSS to comply with its own investigative timelines and found that unreasonable delay constituted a due process violation.
š 4. Family Independence and SNAP Eligibility ā [Ā§114-180]
Applies to public assistance programs (e.g. SNAP, TANF). Outlines appeal rights for people denied or terminated from these programs.
Key Provisions:
Clients must be given written notice of any change in eligibility.
Clients have the right to continued benefits pending appeal, if appeal is filed within the prescribed period.
DSS must schedule and conduct hearings promptly.
š Case Law:
Thompson v. DSS, 380 S.C. 423 (Ct. App. 2008)
Issue: DSS terminated SNAP benefits without notice.
Holding: Violation of both federal and state regulations. The regulation requiring advance written notice of benefit reduction or termination was not followed. DSS was ordered to reinstate benefits.
Green v. DSS, Administrative Law Court (2016)
Issue: Family missed the deadline to appeal DSS's benefit denial.
Outcome: Appeal dismissed; the 60/90-day deadlines in Regulation Ā§114-180 are jurisdictional. DSS had no obligation to hear a late appeal.
š 5. General Legal Principles from Case Law
A. Due Process Is Required
Even though DSS is an administrative agency, its actions can affect fundamental rights like family integrity and economic survival. Courts routinely hold that:
"Where government action affects a protected interestālike a license to operate a daycare, or eligibility for public assistanceāprocedural due process requires fair notice and an opportunity to be heard."
ā Doe v. DSS, 398 S.C. 51
B. DSS Must Follow Its Own Regulations
"An agency's failure to comply with its own procedural rules, especially when those rules protect individual rights, constitutes grounds for reversal of its decision."
ā Harris v. DSS, 371 S.C. 621
C. Timelines Matter
DSS is held to strict investigation deadlines (e.g., 24-hour response time for institutional abuse cases).
Applicants or licensees must also comply with appeal deadlines (30, 60, 90 days). Courts have no discretion to excuse untimely appeals unless due to agency fault.
š§¾ Summary
| Area | Regulation | Key Right / Duty | Supporting Case |
|---|---|---|---|
| Hearings | Ā§Ā§114-100 to 180 | Right to timely, fair hearing | Doe v. DSS (2011) |
| Licensing | Ā§Ā§114-500 et seq. | Right to safe, compliant facilities | Caring Hearts v. DSS (2017) |
| CPS in Institutions | Ā§Ā§114-4510+ | 24-hour investigations, corrective plans | Harris v. DSS (2007) |
| Benefit Programs | Ā§114-180 | Notice, appeal deadlines, continued benefits | Thompson v. DSS (2008) |
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