South Carolina Daycare Laws: The Right to Freedom From Dangerous Caregivers

South Carolina law requires background checks to be performed on all daycare teachers. As a Columbia childcare injury attorney, I can assure you that your children have the right to freedom from dangerous caregivers. Background checks are intended to prevent teacher abuse and guarantee that no one caring for your child has ever been convicted of certain crimes, including those against minors. Only after an interviewee’s background check – including fingerprint testing – is complete, may that individual begin working at a South Carolina daycare. Unfortunately, many “child development centers” break the law and fail to complete full background investigations. When they break the law, they place the most vulnerable members of our community at risk. If your child is currently enrolled at a South Carolina daycare, ask the center’s director whether fingerprint samples were taken from all staff members, and whether those samples were run not only through SLED’s databank, but through the FBI’s as well. That is what state law mandates.

Caregivers must meet specific requirements in addition to having a past free of dangerous crime. First, they must be at least 18. Second, caregivers must possess at least a high school diploma or GED. (Please note: These first two requirements have narrow exceptions that would require far too much legalese to cover.) Third, all caregivers are required to undergo orientation with the center’s director. The orientation is designed to teach caregivers about their duties, as well as the policies and procedures that affect child safety. Fourth, every caregiver must participate in at least 15 hours of training each year. Records concerning annual training are to be kept on the daycare’s premises. In sum, your children have the right to a well-trained, educated, care provider who will never endanger but rather nurture and help develop them as they prepare for grade school and beyond.

I believe that one of my duties as a Columbia childcare injury lawyer is to inform you of your rights, as well as those of your child. I want to do everything I can not only to represent our children’s interest, but to guard it. Background checks can prevent abuse by daycare teachers. The law is in place to protect our most innocent, and these laws must be followed.

If you have any questions regarding this article, or need help with a daycare injury case, call me at (803) 790-2800.

Kenneth Berger
Columbia South Carolina attorney dedicated to securing justice by helping the truly injured