What does SC law require for child care worker hires? Here’s what we found
The recent arrest of a Beaufort County preschool teacher on child pornography charges may have raised questions for parents and citizens about how child care workers are vetted.
In South Carolina, state law sets detailed requirements for who can work in child care, how facilities are classified and which agencies oversee them.
Here’s what to know and how the Palmetto State oversees child safety, care and education.
Hiring requirements to work in child care in SC
Anyone hired to work in a licensed, registered or approved child care facility in South Carolina must meet minimum education, training and legal eligibility requirements.
As of July 2024, state law requires that new child care employees have at least one of the following:
- A high school diploma
- A high school equivalency credential recognized by the State Board of Education
- A Certificate of Completion
- A South Carolina High School Employability Credential
In addition, new hires must complete 15 hours of health and safety training and must be directly supervised for at least 30 days until that training is completed. The supervising staff member must have at least one year of experience as a caregiver.
South Carolina law, Section 63-13-40, child care facilities are prohibited from employing or retaining individuals who have been convicted of certain crimes, including:
- Crimes against a person
- Crimes against morality and decency
- Crimes involving children, including unlawful conduct toward a child, cruelty to children and contributing to the delinquency of a minor
- Certain violent or felony offenses
- Driving under the influence, drug violation offenses
- Crimes that require registration on the sex offender registry
Individuals who have been indicated, founded or substantiated as perpetrators of child abuse or neglect are prohibited from working in child care.
What background checks are required?
In compliance with Section 63-13-40, which governs criminal background checks and disqualifying offenses, state and federal background checks are required for anyone employed by or providing caregiver services at a licensed, registered or approved child care facility.
Required checks include:
- State fingerprint-based criminal background check conducted by the South Carolina Law Enforcement Division
- Federal fingerprint-based criminal background check conducted by the Federal Bureau of Investigation
- A check of the South Carolina Child Abuse and Neglect Central Registry and Database
- A search of the National Crime Information Center National Sex Offender Registry
- A search of the South Carolina sex offender registry
If a staff member has lived outside South Carolina within the previous five years, the law also requires:
- Out-of-state child abuse and neglect registry checks
- Out-of-state sex offender registry checks
Fingerprint-based background checks are required before employment and must be repeated every five years.
In limited circumstances, a person may be provisionally employed while fingerprint results are pending, but only after a favorable name-based check and only under direct supervision at all times.
Facilities that violate provisional employment rules may lose the ability to hire provisionally for up to two years.
What is categorized as a child care facility under state law?
South Carolina defines several types of child care providers, depending on where care is provided and how many children are served.
Facilities that operate four or more hours a day, more than two days a week or that care for children from more than one unrelated family must be licensed or registered. These include:
- Child Care Centers: Facilities serving 13 or more children in a non-residential setting. These may be commercial, faith-based or school-based and are commonly referred to as day care centers, preschools or nursery schools. The facilities must be licensed and are subject to regular inspections and monitoring by the state.
- Group Child Care Homes: Facilities operated in a residence that cares for seven to 12 children, including children living in the home and children related to the operator. The facilities must be licensed and are subject to regular inspections by the state.
- Family Child Care Homes: Facilities operated in a residence that cares for six or fewer children, including children living in the home and those related to the operator. These homes must be registered.
Exempt programs from licensing and registration include those that operate less than 4 hours a day or only during school holidays or summer breaks. These programs are not regulated by the state and may include some after-school programs, summer camps and part-day preschool programs.
Is there an SC agency that oversees preschools and child care centers?
Oversight of child care in South Carolina is handled by the Division of Early Care and Education, which is part of the South Carolina Department of Social Services.
Within that division, Child Care Licensing is responsible for:
- Licensing and registering child care providers
- Conducting annual unannounced health and safety inspections
- Performing and reviewing background checks
- Investigating complaints and reports of unlicensed operations
The state also has an advisory committee that reviews child care regulations and recommends improvements.
Child Care Licensing regulates approximately 2,400 child care providers statewide through four regional offices. Licensed and registered facilities are subject to ongoing inspections and enforcement actions if they fail to comply with state law or regulations.
This story was originally published January 30, 2026 at 12:59 PM.
