Page 123

(iv) The common law offense of assault and battery of a high and aggravated nature when the victim was a person seventeen years of age or younger; (v) Criminal domestic violence as defined in Section 16–25–20; (vi) Criminal domestic violence of a high and aggravated nature as defined in Section 16–25–65; (vii) A felony drug-related offense under the laws of this State; (viii) Unlawful conduct toward a child as provided for in Section 63–5–70; (ix) Cruelty to children as provided for in Section 63–5–80; (x) Child endangerment as provided for in Section 56–5–2947; or (xi) Criminal sexual conduct with a minor in the first degree as provided for in Section 16–3–655(A). (b) Kin and household members who have been convicted of a criminal offense similar in nature to a crime enumerated in subparagraph (G)(1)(a), when the crime was committed in another jurisdiction or under federal law, are subject to the restrictions set out in this section. (c) This section does not exclude kin or any household member when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in subparagraph (G)(1)(a) has been pardoned. However, notwithstanding the entry of a pardon, the department or other entity making placement or licensing decisions may consider all information available, including the person’s pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to provide kinship foster care or kinship adoptive placement. (d) The department shall check the National Sex Offender Registry and the State Sex Offender registry for kinship foster parents, kinship adoptive parents, all household members, and children 12 and older who regularly live, share common areas, and sleep in the home. No child may be placed in the kinship foster family or kinship adoptive home if the names of kin or an adult household member appear on a sex offender registry. (e) Notwithstanding placement prohibitions based upon criminal background described in subparagraph (G), in the discretion of the department when it is in a child’s best interest, a child may be placed in the foster family or adoptive home of kin who have been convicted of or plead guilty or nolo contendere to a criminal offense found in subparagraph (G)(1)(a) that would otherwise exclude the kin as a foster or adoptive home placement, if more than 5 years have elapsed since the conviction, guilty plea, or nolo contendere plea and the criminal offense was not a violent crime defined in Section 16–1–60 or a felony involving violence including, but not limited to child abuse and neglect, domestic violence, or any crime against a child. (2) Prior to licensure, kinship foster parents, kinship adoptive parents, and any household members must undergo a check of the State Central Registry of Child Abuse and Neglect, department records, and the equivalent registry system check for each state in which the person has resided in the previous five years. No child may be placed in the kinship foster home or adoptive home of a person or household member who has a substantiated history of child abuse or neglect. (3) After initial licensure, on an annual basis, kinship foster parents, kinship adoptive parents, and household members shall undergo a background check conducted by SLED, a check of the State Central Registry of Child Abuse and Neglect and department records, and the equivalent registry system check for each state in which the person has resided in the previous 5 years to confirm persons still meet the requirements of subparagraph (G). On an annual basis, kinship foster parents, kinship adoptive parents, household members, and children 12 years of age and older who regularly live, share common areas, and sleep in the home must also undergo a check of the National Sex Offender Registry and a check of the State Sex Offender Registry to confirm persons continue to meet the requirements of subparagraph (G). Kinship foster parents, kinship adoptive parents, and household members need not undergo an annual background check conducted by SLED if SLED has otherwise provided current information to the department concerning arrests, convictions, dispositions, warrants, and other information in accordance with authority granted in S.C. Code Section 63–7–2340.