SC bill would create adult abuse registry like state's sex registry to protect vulnerable adults

COLUMBIA - Those convicted of abuse, neglect or exploitation of a vulnerable adult could not be hired by three state agencies that deal with that population under a bill proposed by Rep. Garry Smith of Simpsonville.

The legislation would create an adult abuse registry that state agencies and family members of vulnerable adults could use to screen potential employees.

Anyone convicted of such a crime or those who have committed an act of abuse, neglect or exploitation as determined by an investigating agency, even if they have not committed a criminal act, could have their names placed on the registry, under Smith's proposal.

The state already maintains a sex offender registry housed at the State Law Enforcement Division. Under the bill, the adult abuse registry would be maintained by the Department of Health and Environmental Control.

Smith said the idea came from a 2014 audit recommendation  of the state Department of Disabilities and Special Needs.

He said he has noticed during his time on the Legislative Audit Council, which made the registry suggestion, that a number of recommendations have been ignored by lawmakers.

"Obviously, nobody has picked up these things in the past and run with them," he said.  "We're trying to do a better job of that."

Senate Medical Affairs Committee Chairman Harvey Peeler of Gaffney said he had not seen the bill but thinks it's a good idea.

"It just makes sense to me that something of this importance, the state definitely should keep those records," he said. "And I would think the industry would be supportive of that to allow them to know if there are bad apples out there that are seeking employment."

DDSN also supports the idea.

""DDSN agrees it would be good for South Carolina to have an adult abuse registry listing names of all individuals involved in substantiated incidents of abuse, neglect and exploitation," the agency said in an update of LAC recommendations in September. 

DDSN Executive Director Beverly Buscemi also told the DDSN Commission earlier this month that the registry idea has been discussed and was supported by the South Carolina Adult Protection Coordinating Council and the South Carolina Bar.

But creating such a registry failed to gain support from lawmakers eight years ago.

In 2009, lawmakers in the House and Senate introduced bills that devised such the registry, but it was limited to only those convicted of abuse, neglect and exploitation offenses.

The Senate's bill passed but died in a House committee. The House bill never left its committee.

Smith's bill allows those who were not convicted to still be placed on the registry if the "preponderance of the evidence  that the act constitutes abuse, neglect, or exploitation of a vulnerable adult."

Those named would notified they were on the registry but would have a chance to contest their listing. A hearing would determine if the listing was in error. The individual also could appeal the decision. His bill also requires the DDSN, DHEC and the Department of Mental Health to check the registry when screening not just prospective employees, but also contractors and volunteers.

The registry also could be used by other agencies that serve vulnerable adults.

Anyone who submits an allegation about someone eventually placed on the registry would be immune from civil liability under the bill, unless they commit perjury or if the person reporting the allegation acted in bad faith or with a malicious purpose.

Rep. Gary Clary of Clemson, a former circuit judge and member of the House Judiciary Committee where the bill is assigned, said he wants to read the bill but also supports the concept.

"I think the thrust of it is something were going to have to consider very carefully because we want to make sure we protect those who are most vulnerable," he said.