§ 20-78-220 — Persons or facilities abusing juveniles in their custody

(a) If a juvenile is found to be abused or neglected due to the acts or omissions of a person other than the parent or guardian of the juvenile, the court may enter an order restraining or enjoining the person or facility employing that person from providing care, training, education, or supervision of juveniles of whom the person or facility is not the parent or guardian. (b) If the person or facility restrained or enjoined was not subject to this subchapter, the court may order the person or facility to obtain a license from the Division of Child Care and Early Childhood Education of the Department of Human Services as a condition precedent to the person or facility providing care, training, education, or supervision of any juveniles of which the person or facility is not the parent or guardian. If the court so orders, this subchapter shall thereafter apply to the persons or facility subject to the court order. (c) (1) Information pertaining to child maltreatment is confidential under the Child Maltreatment Act, § 12-18-101 et seq. (2) The division may receive information from any investigative agency on child maltreatment cases conducted within a childcare facility and relative to licensure under this subchapter, including specific allegations, a factual description of the investigative findings, and the investigative determination. (3) The division shall accept the investigative determinations of the appropriate investigative agencies for consideration in any action on childcare facility licenses.

Legislative History

Acts 1987, No. 745, § 1; 1995, No. 1280, § 16; 1997, No. 1132, § 19; 2009, No. 758, § 28.