S.C. Code Ann. § 63-7-1700 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1700
SECTION 63-7-1700. Permanency planning.
Status: in_force

(A) The family court shall review the status of a child placed in foster care upon motion filed by the department to determine a permanent plan for the child. The permanency planning hearing must be held no later than one year after the date the child was first placed in foster care. At the initial permanency planning hearing, the court shall review the status of the child and the progress being made toward the child's return home or toward any other permanent plan approved at the removal hearing. The court's order shall make specific findings in accordance with this section. An action for permanency planning must be brought for a child who enters the custody of the department by any mechanism, including subarticle 3 or Section 63-7-1660 or 63-9-330. If the child enters the custody of the department pursuant to Section 63-9-330 and no action is pending in the family court concerning the child, the department may initiate the permanency planning hearing with a summons and petition for review. All parties must be served with the motion or the summons and petition at least ten days before the hearing, and no responsive pleading is required. (B) The department shall attach a supplemental report to the motion or summons and petition which must contain at least: (1) that information necessary to support findings required in subsections (C) through (H), as applicable; (2) the recommended permanent plan and suggested timetable for attaining permanence; (3) a statement of whether or not the court has authorized the department to forego or terminate reasonable efforts pursuant to Section 63-7-1640; (4) the most recent written report of the local foster care review board; (5) results of consultation with children, age fourteen or older, to include the placement request of the child; (6) steps the department is taking to facilitate the caregiver's compliance with the reasonable and prudent parent standard, pursuant to Section 63-7-20 and Section 63-7-25, and the department's efforts to determine whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities; and (7) that information necessary to support the determinations required pursuant to Section 63-7-1740. The department may use the same form for the supplemental report, reports from the department to the local foster care review board, and reports compiled for internal department reviews. (C) At the permanency planning hearing, the court shall approve a plan for achieving permanence for the child. (1) The court shall review the proposed plans of the department, the guardian ad litem, and the local foster care review board and shall address the recommendations of each in the record. (2) At each permanency planning hearing where the department's plan is not reunification with the parents, custody or guardianship with a fit and willing relative, or termination of parental rights and adoption, the department must provide documentation of the department's intensive, ongoing, yet unsuccessful efforts to return the child home or secure a placement for the child with a fit and willing relative, a legal guardian, or an adoptive parent. If the court approves a plan of another planned permanent living arrangement (APPLA), the court must find compelling reasons for approval of the plan, including compelling reasons why reunification with the parents, custody, or guardianship with a fit and willing relative, or termination of parental rights and adoption is not in the best interest, and that the plan is and continues to be in the child's best interest. The court shall not approve or order APPLA pursuant to this item for children under the age of sixteen. At each hearing in which the court approves or renews APPLA for a child over the age of sixteen, the court must ask the child about the child's wishes as to the placement plan. (3) In addition to the requirements in items (1) and (2), at each permanency planning hearing, the court shall review the department's efforts to facilitate the caregiver's compliance with the reasonable and prudent parent standard pursuant to Section 63-7-20 and Section 63-7-25 and the department's efforts to determine whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities. (4) Upon motion of any party or at the discretion of the court, a pending termination of parental rights action may be consolidated with a contested permanency planning hearing. (D) If the court determines at the permanency planning hearing that the child may be safely maintained in the home in that the parent has remedied the conditions that caused the removal and the return of the child to the child's parent would not cause an unreasonable risk of harm to the child's life, physical health, safety, or mental well-being, the court shall order the child returned to the child's parent. The court may order a specified period of supervision and services not to exceed twelve months. When determining whether the child should be returned, the court shall consider all evidence; if the removal of the child from the family was due to drug use by one or both parents, then a drug test must be administered to the parent or both parents, as appropriate, and the results must be considered with all other evidence in determining whether the child should be returned to the parents' care; and the supplemental report including whether the parent has substantially complied with the terms and conditions of the plan approved pursuant to Section 63-7-1680. (E) Unless subsection (C), (F), or (G) applies, if the court determines at the permanency planning hearing that the child should not be returned to the child's parent at that time, the court's order shall require the department to file a petition to terminate parental rights to the child not later than sixty days after receipt of the order. If a petition to terminate parental rights is to be filed, the department shall exercise and document every reasonable effort to promote and expedite the adoptive placement and adoption of the child, including a thorough adoption assessment and child-specific recruitment. Adoptive placements must be diligently sought for the child and failure to do so solely because a child is classified as "special needs" is expressly prohibited. An adoption may not be delayed or denied solely because a child is classified as "special needs". For purposes of this subsection: (1) "thorough adoption assessment" means conducting and documenting face-to-face interviews with the child, foster care providers, and other significant parties; and (2) "child specific recruitment" means recruiting an adoptive placement targeted to meet the individual needs of the specific child including, but not be limited to, use of the media, use of photo listings, and any other in-state or out-of-state resources which may be utilized to meet the specific needs of the child, unless there are extenuating circumstances that indicate that these efforts are not in the best interest of the child. (F) If the court determines that the criteria in subsection (D) are not met but that the child may be returned to the parent within a specified reasonable time not to exceed eighteen months after the child was placed in foster care, the court may order an extension of the plan approved pursuant to Section 63-7-1680 or may order compliance with a modified plan, but in no case may the extension for reunification continue beyond eighteen months after the child was placed in foster care. An extension may be granted pursuant to this section only if the court finds: (1) that the parent has demonstrated due diligence and a commitment to correcting the conditions warranting the removal so that the child could return home in a timely fashion; (2) that there are specific reasons to believe that the conditions warranting the removal will be remedied by the end of the extension; (3) that the return of the child to the child's parent would not cause an unreasonable risk of harm to the child's life, physical health, safety, or mental well-being; (4) that, at the time of the hearing, initiation of termination of parental rights is not in the best interest of the child; and (5) that the best interests of the child will be served by the extended or modified plan. (G)(1) If after assessing the viability of adoption, the department demonstrates that termination of parental rights is not in the child's best interests, the court may award custody or legal guardianship, or both, to a suitable, fit, and willing relative, nonrelative, or fictive kin if the court finds this to be in the best interest of the child; however, a home study on the individual whom the department is recommending for custody or legal guardianship of the child must be submitted to the court for consideration before custody or legal guardianship, or both, are awarded. If the child's plan is legal guardianship with a relative or fictive kin with supplemental benefits, the requirements of Section 63-7-1705 and Article 9 must be met. The supplemental report and child's case plan must address: (a) how the child meets the eligibility requirements for legal guardianship with supplemental benefits; (b) the steps the department has taken to determine that the child's return home and termination of parental rights and adoption are not appropriate; (c) the department's efforts to discuss adoption with the relative or fictive kin, and the reasons why adoption is not an option; (d) the department's efforts to discuss legal guardianship with supplemental benefits with the child's parents or reason why efforts were not made; (e) the reason why legal guardianship and receipt of supplemental benefits is in the child's best interests; (f) if the child's placement with the relative or fictive kin does not include siblings, the reason why the child is separated from siblings during placement; (g) if the child is fourteen years or older, that the child has been consulted regarding the legal guardianship arrangement; and (h) that the relative or fictive kin meets all requirements for licensure as a kinship foster parent. (2) The court may order a specified period of supervision and services not to exceed twelve months, and the court may authorize a period of visitation or trial placement prior to receiving a home study. (H) If at the initial permanency planning hearing the court does not order return of the child pursuant to subsection (D), in addition to those findings supporting the selection of a different plan, the court shall specify in its order: (1) what services have been provided to or offered to the parents to facilitate reunification; (2) the compliance or lack of compliance by all parties to the plan approved pursuant to Section 63-7-1680; (3) the extent to which the parents have visited or supported the child and any reasons why visitation or support has not occurred or has been infrequent; (4) whether previous services should continue and whether additional services are needed to facilitate reunification, identifying the services, and specifying the expected date for completion, which must be no longer than eighteen months from the date the child was placed in foster care; (5) whether return of the child can be expected and identification of the changes the parent must make in circumstances, conditions, or behavior to remedy the causes of the child's placement or retention in foster care; (6) whether the child's foster care is to continue for a specified time and, if so, how long; (7) if the child has attained the age of sixteen, the services needed to assist the child to make the transition to independent living; (8) whether the child has provided written authorization to remain in foster care after the child's eighteenth birthday and whether the court finds that it would be in the child's best interests to remain in foster care after the child's eighteenth birthday for a period not to exceed the child's twenty-first birthday pursuant to Article 8; (9) whether the child's current placement is safe and appropriate; (10) whether the department has made reasonable efforts to assist the parents in remedying the causes of the child's placement or retention in foster care, unless the court has previously authorized the department to terminate or forego reasonable efforts pursuant to Section 63-7-1640; and (11) the steps the department is taking to promote and expedite the adoptive placement and to finalize the adoption of the child, including documentation of child specific recruitment efforts. (I) If after the permanency planning hearing, the child is retained in foster care, future permanency planning hearings must be held as follows: (1) If the child is retained in foster care and the agency is required to initiate termination of parental rights proceedings, the termination of parental rights hearing may serve as the next permanency planning hearing, but only if it is held no later than one year from the date of the previous permanency planning hearing. (2) If the court ordered extended foster care for the purpose of reunification with the parent, the court must select a permanent plan for the child other than another extension for reunification purposes at the next permanency planning hearing. The hearing must be held on or before the date specified in the plan for expected completion of the plan; in no case may the hearing be held any later than six months from the date of the last court order. (3) After the termination of parental rights hearing, the requirements of Section 63-7-2580 must be met. Permanency planning hearings must be held annually, starting with the date of the termination of parental rights hearing. No further permanency planning hearings may be required after filing a decree of adoption of the child or an order establishing legal guardianship. (4) If the court places custody or guardianship with the parent, extended family member, or suitable nonrelative and a period of services and supervision is authorized, services and supervision automatically terminate on the date specified in the court order. Before the termination date, the department or the guardian ad litem may file a petition with the court for a review hearing on the status of the placement. Filing of the petition stays termination of the case until further order from the court. If the court finds clear and convincing evidence that the child will be threatened with harm if services and supervision do not continue, the court may extend the period of services and supervision for a specified time. The court's order must specify the services and supervision necessary to reduce or eliminate the risk of harm to the child. (5) If the child is retained in foster care pursuant to a plan other than one described in items (1) through (4), future permanency planning hearings must be held at least annually. (J) A named party, the child's guardian ad litem, or the local foster care review board may file a motion for review of the case at any time. Any other party in interest may move to intervene in the case pursuant to the rules of civil procedure and if the motion is granted, may move for review. Parties in interest include, but are not limited to, the individual or agency with legal custody or placement of the child and the foster parent. The notice of motion and motion for review must be served on the named parties at least ten days before the hearing date. The motion must state the reason for review of the case and the relief requested. (K) The pendency of an appeal concerning a child in foster care does not deprive the court of jurisdiction to hear a case pursuant to this section. The court shall retain jurisdiction to review the status of the child and may act on matters not affected by the appeal. (L) In the case of a child who remains in a qualified residential treatment program, the court in its order shall address the evidence presented pursuant to subsection (B)(7) and shall state whether the court approves or disapproves the placement in a qualified residential treatment program. Editor's Note 2022 Act No. 143, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor and is contingent upon funding in the general appropriations bill." Effect of Amendment The 2010 amendment rewrote this section. 2014 Act No. 281, SECTION 9, in subsection (D), added the last sentence, relating to the determination of whether the child should be returned. 2016 Act No. 238, SECTION 3, in (B)(4), substituted "the most recent written report" for "any reports" and "board" for "board which pertain to the child"; added (B)(5) and (B)(6); and rewrote (C). 2021 Act No. 24, SECTION 5.A, in (B), added (7). 2021 Act No. 24, SECTION 5.B, added (L). 2022 Act No. 143, SECTION 2.A, in (H), inserted (8) and redesignated former (8) to (10) as (9) to (11). 2022 Act No. 143, SECTION 2.B, in (I), in (5), inserted the second sentence. 2023 Act No. 25, SECTION 3, rewrote (G). 2023 Act No. 25, SECTION 4, in (I), in (3), in the third sentence, inserted "or an order establishing legal guardianship" at the end, and in (5), deleted the second sentence, which related to a child providing written authorization to remain in foster care after the child's eighteenth birthday and the court specifying whether it is in the child's best interests to do so. 2023 Act No. 80, SECTION 9, in (C), added (4).
S.C. Code Ann. § 63-13-1230 — SC Code / Title 63 / Chapter 13 / Article 11 / Section 63-13-1230
SECTION 63-13-1230. Federal funding waivers.
Status: in_force

The provisions of Sections 63-13-180 and 63-13-1220(1) concerning the review authority and the promulgation of regulations and standards upon the advice and consent of the State Advisory Committee on the Regulation of Childcare Facilities are waived. However, nothing in this section affects the regulation of childcare facilities which choose not to receive federal funding.
S.C. Code Ann. § 63-17-3640 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3640
SECTION 63-17-3640. Applicable law.
Status: in_force

(A) Except as otherwise provided in subsection (D), the law of the issuing state or a foreign country governs: (1) the nature, extent, amount, and duration of current payments under a registered support order; (2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and (3) the existence and satisfaction of other obligations under the support order. (B) In a proceeding for arrears under a registered support order, the statute of limitation of this State or of the issuing state or a foreign country, whichever is longer, applies. (C) A responding tribunal of this State shall apply the procedures and remedies of this State to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this State. (D) After a tribunal of this State or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this State shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears. Effect of Amendment 2015 Act No. 33, SECTION 1, inserted reference to "foreign country" throughout, and in (D), inserted "State" before "or another jurisdiction". Subpart 2 Contest of Validity or Enforcement DERIVATION TABLE Showing the sections in former Chapter 7, Title 20 from which the sections in this subpart were derived.
S.C. Code Ann. § 63-7-2530 — SC Code / Title 63 / Chapter 7 / Article 7 / Section 63-7-2530
SECTION 63-7-2530. Filing procedures.
Status: in_force

(A) A petition seeking termination of parental rights may be filed by the Department of Social Services or any interested party. (B) The department may file an action for termination of parental rights without first seeking the court's approval of a change in the permanency plan pursuant to Section 63-7-1680 and without first seeking an amendment of the placement plan pursuant to Section 63-7-1700. Additionally, the department may amend or supplement a petition for removal or a complaint for removal to include a cause of action for termination of parental rights any time after grounds for termination of parental rights are present. (C) The hearing on the petition to terminate parental rights must be held within one hundred twenty days of the date the termination of parental rights petition is filed. A party may request a continuance that would result in the hearing being held more than one hundred twenty days after the petition was filed, and the court may grant a continuance in its discretion. If a continuance is granted, the court must issue a written order scheduling the case for trial on a date and time certain. Effect of Amendment The 2009 amendment added subsection (C) relating to the time for hearing a petition to terminate parental rights. 2023 Act No. 80, SECTION 3, in (B), added the second sentence.
S.C. Code Ann. § 63-17-2710 — SC Code / Title 63 / Chapter 17 / Article 21 / Section 63-17-2710
SECTION 63-17-2710. Child support arrearage liens.
Status: in_force

A child support obligation which is unpaid in an amount equal to or greater than one thousand dollars, as of the date on which it was due, is a lien in favor of the obligee in an amount sufficient to satisfy unpaid child support, whether the amount due is a fixed sum or is accruing periodically. An amount of restitution established by the Department of Social Services, Child Support Enforcement Division, or its designee (division) or the family court is due and payable as of the date the amount is established. The lien shall incorporate any unpaid child support which may accrue in the future and does not terminate except as provided in Section 63-17-2730. Upon recordation or registration in accordance with Section 63-17-2730, the lien shall encumber all tangible and intangible property, whether real or personal, and an interest in property, whether legal or equitable, belonging to the obligor. An interest in property acquired by the obligor after the child support lien arises is subject to the lien, subject to the limitations provided in Section 63-17-2730.
S.C. Code Ann. § 63-17-320 — SC Code / Title 63 / Chapter 17 / Article 3 / Section 63-17-320
SECTION 63-17-320. Enforcement and modification of orders.
Status: in_force

Any family court has jurisdiction and authority to enforce or modify an order or decree of any other court respecting support of wife or children subject to the limitations contained in Section 63-17-310, custody of children and visitation upon an order from the court of original jurisdiction, transferring jurisdiction to the family court. Petition may be made by either party to the original action to transfer the cause to the family court of the county where the other party resides, or petition may be made by the family court of the county to which transfer is sought, if it appears that the transfer will serve the ends of justice. The court of original jurisdiction may transfer the cause in its discretion.
S.C. Code Ann. § 63-7-2350 — SC Code / Title 63 / Chapter 7 / Article 5 / Section 63-7-2350
SECTION 63-7-2350. Restrictions on foster care, adoption, or legal guardian placements.
Status: repealed

(A) No child in the custody of the Department of Social Services may be placed in a foster home, adoptive home, legal guardian's home, qualified residential treatment program, or residential facility with a person if the person or anyone eighteen years of age or older residing in the home or a person working or volunteering with direct unsupervised contact with children under the age of eighteen in the qualified residential treatment program or residential facility: (1) has a substantiated history of child abuse or neglect; or (2) has pled guilty or nolo contendere to or has been convicted of: (a) an "Offense Against the Person" as provided for in Chapter 3, Title 16; (b) an "Offense Against Morality or Decency" as provided for in Chapter 15, Title 16; (c) contributing to the delinquency of a minor as provided for in Section 16-17-490; (d) 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; (e) criminal domestic violence as defined in Section 16-25-20; (f) criminal domestic violence of a high and aggravated nature as defined in Section 16-25-65; (g) a felony drug-related offense under the laws of this State; (h) unlawful conduct toward a child as provided for in Section 63-5-70; (i) cruelty to children as provided for in Section 63-5-80; (j) child endangerment as provided for in Section 56-5-2947; or (k) criminal sexual conduct with a minor in the first degree as provided for in Section 16-3-655(A). (B) A person who has been convicted of a criminal offense similar in nature to a crime enumerated in subsection (A) when the crime was committed in another jurisdiction or under federal law is subject to the restrictions set out in this section. (C) At a minimum, the department shall require that all persons referenced in subsection (A) undergo a fingerprint-based background check to be conducted by the State Law Enforcement Division and a fingerprint-based background check to be conducted by the Federal Bureau of Investigation. The department also shall check the State Central Registry of Child Abuse and Neglect, department records, the equivalent registry system for each state in which the person has resided for five years preceding an application for licensure as a foster parent, the National Sex Offender Public Website, and the state sex offender registry for applicants and all persons twelve years of age and older residing in the home of an applicant. (D) This section does not prevent placement in a foster home, adoptive home, qualified residential treatment program, legal guardian's home, or residential facility when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in subsection (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 applicant is unfit or otherwise unsuited to provide foster care services. (E) For the purposes of this section, "residential facility" means a group home, residential treatment center, or other facility that, pursuant to a contract with or a license or permit issued by the department, provides residential services to children in the custody of the department. This includes, but is not limited to, child-caring institutions, emergency shelters, group homes, wilderness therapeutic camps, and organizations with supervised individual living facilities. (F) Notwithstanding the provisions in this section, in the discretion of the department when it is in a child's best interest, a child may be placed in the home of a kin or fictive kin caregiver who has been convicted of or has plead guilty or nolo contendere to a criminal offense described in this section if more than five years have elapsed since the conviction, guilty plea, or nolo contendere plea and the criminal offense was not a violent crime as 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. Editor's Note 2010 Act No. 273, SECTION 7.C, provides: "Wherever in the 1976 Code of Laws reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery with intent to kill, as contained in repealed Section 16-3-620, and, except for references in Section 16-1-60 and Section 17-25-45, wherever in the 1976 Code reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29." Effect of Amendment The 2012 amendment rewrote subsection (A); and, inserted "or adoption placement" in subsection (C). 2018 Act No. 146, SECTION 5, inserted (C), clarifying the process the department must follow to determine whether a person has committed a crime that makes the person ineligible to be a foster parent, and redesignated former (C) as (D). 2020 Act No. 140, SECTION 1, in (A), substituted "a foster home, adoptive home, or residential facility for "foster care or for adoption" and added "or a person working in the residential facility" at the end; in (C), in the first sentence, substituted "undergo a fingerprint review" for "undergo a state fingerprint review", and in the second sentence, substituted "National Sex Offender Registry" for "national sex offender registry"; in (D), in the first sentence, substituted "placement in a foster home, adoptive home, or residential facility" for "foster care placement or adoption placement"; and added (E), defining "residential facility". 2021 Act No. 24, SECTION 3, in (A), inserted "qualified residential treatment program," following "adoptive home,", and inserted "qualified residential treatment program or" following "person working in the". 2023 Act No. 25, SECTION 8, in (A), inserted "legal guardian's home,"; and in (D), in the first sentence, inserted "legal guardian's home,". 2024 Act No. 195, SECTION 6, in (A), inserted "or volunteering with direct unsupervised contact with children under the age of eighteen"; in (C), in the first sentence, substituted "fingerprint-based background check" for "fingerprint review" in two places, and in the second sentence, substituted "National Sex Offender Public Website" for "National Sex Offender Registry"; in (D), in the first sentence, inserted "qualified residential treatment program,"; added (F); and made a nonsubstantive change.
S.C. Code Ann. § 63-19-330 — SC Code / Title 63 / Chapter 19 / Article 3 / Section 63-19-330
SECTION 63-19-330. Policy-setting responsibilities of director; executive responsibilities of director.
Status: in_force

(A) The director is the chief executive officer of the department. The director may appoint and employ officers and employees necessary to perform the duties and responsibilities of the department and shall ensure that the department's organizational structure differentiates between separate divisions, the community-based services and institutional services of the department. (B) The director is vested with the exclusive responsibility for policy of the department to carry out the responsibilities, duties, and privileges provided for in this chapter.
S.C. Code Ann. § 63-13-1080 — SC Code / Title 63 / Chapter 13 / Article 9 / Section 63-13-1080
SECTION 63-13-1080. Penalties.
Status: in_force

An operator violating the provisions of this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand five hundred dollars or imprisonment not exceeding six months, or both.
S.C. Code Ann. § 63-9-2050 — SC Code / Title 63 / Chapter 9 / Article 9 / Section 63-9-2050
SECTION 63-9-2050. Penalties.
Status: in_force

A person who submits a claim for payment or reimbursement for services or benefits pursuant to this article or makes a statement in connection with payment or reimbursement, which he knows or should know to be false, misleading, or fraudulent, is guilty of a misdemeanor. Upon conviction, the person must be fined not more than ten thousand dollars or imprisoned not more than two years, or both.
S.C. Code Ann. § 63-5-360 — SC Code / Title 63 / Chapter 5 / Article 3 / Section 63-5-360
SECTION 63-5-360. Minor parent consent to health services for child.
Status: in_force

Any minor who has been married or has borne a child may consent to health services for the child.
S.C. Code Ann. § 63-11-910 — SC Code / Title 63 / Chapter 11 / Article 9 / Section 63-11-910
SECTION 63-11-910. Fund established.
Status: in_force

(A) There is established the Children's Trust Fund of South Carolina, an eleemosynary corporation, the resources of which must be used to award grants to private nonprofit organizations and qualified state agencies in order to stimulate a broad range of innovative child abuse and neglect prevention programs to meet critical needs of South Carolina's children. (B) The trust fund must accept gifts, bequests, and grants from any person or foundation. The trust fund must supplement and augment but not take the place of services provided by state agencies. A state agency is eligible to receive funds under this article only when the state agency: (1) proposes a program that meets grant qualifications under this article; and (2) provides matching funds in an amount at least equal to the grant to maximize the effectiveness of the grant. (C) The board of directors for the trust fund shall carry out activities necessary to administer the fund including assessing service needs and gaps, soliciting proposals to address identified service needs, and establishing criteria for the awarding of grants.
S.C. Code Ann. § 63-17-1520 — SC Code / Title 63 / Chapter 17 / Article 11 / Section 63-17-1520
SECTION 63-17-1520. Reporting receipt of payment toward arrearage.
Status: in_force

Upon receiving any other support payment including, but not limited to, a tax offset under federal or state law or any payment toward an arrearage, the Department of Social Services, within the time permitted by Title IV-D of the Social Security Act, shall provide notice of the payment to the clerk of court.
S.C. Code Ann. § 63-17-3410 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3410
SECTION 63-17-3410. Issuance of order.
Status: in_force

(A) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this State with personal jurisdiction over the parties may issue a support order if: (1) the individual seeking the order resides outside this State; or (2) the support enforcement agency seeking the order is located outside this State. (B) The tribunal may issue a temporary child-support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is: (1) a presumed father of the child; (2) petitioning to have his paternity adjudicated; (3) identified as the father of the child through genetic testing; (4) an alleged father who has declined to submit to genetic testing; (5) shown by clear and convincing evidence to be the father of the child; (6) an acknowledged father as provided by law; (7) the mother of the child; or (8) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated. (C) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Section 63-17-3250. Effect of Amendment 2015 Act No. 33, SECTION 1, in (A), inserted "with personal jurisdiction over the parties"; and in (A)(1) and (A)(2), substituted "outside this State" for "in another state".
S.C. Code Ann. § 63-15-210 — SC Code / Title 63 / Chapter 15 / Article 2 / Section 63-15-210
SECTION 63-15-210. Definitions.
Status: in_force

As used in this article: (1) "Joint custody" means both parents have equal rights and responsibilities for major decisions concerning the child, including the child's education, medical and dental care, extracurricular activities, and religious training; however, a judge may designate one parent to have sole authority to make specific, identified decisions while both parents retain equal rights and responsibilities for all other decisions. (2) "Sole custody" means a person, including, but not limited to, a parent who has temporary or permanent custody of a child and, unless otherwise provided for by court order, the rights and responsibilities for major decisions concerning the child, including the child's education, medical and dental care, extracurricular activities, and religious training.
S.C. Code Ann. § 63-11-1990 — SC Code / Title 63 / Chapter 11 / Article 19 / Section 63-11-1990
SECTION 63-11-1990. Confidentiality of information.
Status: in_force

(A) All information and records acquired by the committee and by the department in the exercise of their purposes and duties pursuant to this article are confidential, exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act, and only may be disclosed as necessary to carry out the committee's and department's duties and purposes. (B) Statistical compilations of data which do not contain information that would permit the identification of a person to be ascertained are public records. (C) Reports of the committee and department which do not contain information that would permit the identification of a person to be ascertained are public information. (D) Except as necessary to carry out the committee's and department's purposes and duties, members of the committee and department and persons attending their meeting may not disclose what transpired at a meeting which is not public under Section 63-11-1970 and may not disclose information, the disclosure of which is prohibited by this section. (E) Members of the committee, persons attending a committee meeting, and persons who present information to the committee may not be required to disclose in any civil or criminal proceeding information presented in or opinions formed as a result of a meeting, except that information available from other sources is not immune from introduction into evidence through those sources solely because it was presented during proceedings of the committee or department or because it is maintained by the committee or department. Nothing in this subsection may be construed to prevent a person from testifying to information obtained independently of the committee or which is public information. (F) Information, documents, and records of the committee and department are not subject to subpoena, discovery, or the Freedom of Information Act, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or the Freedom of Information Act through those sources solely because they were presented during proceedings of the committee or department or because they are maintained by the committee or department. (G) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
S.C. Code Ann. § 63-7-700 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-700
SECTION 63-7-700. Emergency protective custody proceedings.
Status: in_force

(A) If a law enforcement officer clearly states to the department at the time the officer delivers physical control of the child to the department that the child is not to be returned to the home or placed with a relative before a probable cause hearing regardless of the outcome of a preliminary investigation, the department immediately must take legal custody of the child. In this case, at a minimum, the department shall conduct a preliminary investigation as provided in Section 63-7-640 within seventy-two hours after the child was taken into emergency protective custody and shall make recommendations concerning return of the child to the home or placement with a relative or other person to the family court at the probable cause hearing or take other appropriate action as provided in this chapter. (B)(1) The department, upon assuming legal custody of the child, shall begin a child protective investigation, including immediate attention to the protection of other children in the home, or other setting where the child was found. The department shall initiate a removal proceeding in the appropriate family court pursuant to Section 63-7-1660 on or before the next working day after initiating the investigation. If a noncustodial parent is not named as a party, the department shall exercise every reasonable effort to promptly notify the noncustodial parent that a removal proceeding has been initiated and of the date and time of any hearings scheduled pursuant to this subarticle. (2) Upon a determination by the department before the probable cause hearing that there is not a preponderance of evidence that child abuse or neglect occurred, the department may place physical custody of the child with the parent, parents, guardian, immediate family member, or relative, with the department retaining legal custody pending the probable cause hearing. (3) When the facts and circumstances of the report clearly indicate that no abuse or neglect occurred, the report promptly must be determined to be unfounded, and the department shall exercise reasonable efforts to expedite the placement of the child with the parent, parents, guardian, immediate family member, or relative. (C) If the child is returned to the child's parent, guardian, or custodian following the preliminary investigation, a probable cause hearing must be held if requested by the child's parent, guardian, or custodian or the department or the law enforcement agency that took emergency protective custody of the child. The request must be made in writing to the court within ten days after the child is returned. A probable cause hearing pursuant to Section 63-7-710 must be scheduled within seven days of the request to determine whether there was probable cause to take emergency physical custody of the child.
S.C. Code Ann. § 63-3-600 — SC Code / Title 63 / Chapter 3 / Article 5 / Section 63-3-600
SECTION 63-3-600. Rules for conduct of hearings.
Status: in_force

Hearings shall be conducted in accordance with the rules of court, and the court may consider and receive as evidence the result of any investigation had or made by the probation counselor; provided, that either party shall be entitled to examine the probation counselor under oath thereon. The court may adjourn the hearing from time to time for proper cause. Where a petitioner's needs are so urgent as to require it, the court may make a temporary order for support pending a final determination.
S.C. Code Ann. § 63-7-770 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-770
SECTION 63-7-770. Required disclosure of information to residential health facilities.
Status: in_force

(A) Prior to and at the time the department places a child in a public or private residential facility following the removal of the child from the home, the department shall disclose to the chief executive officer of the facility, or to a designated employee of the facility who provides health-related services to the child, all information known by the person making the placement or reasonably accessible to the person making the placement that is necessary to provide adequate care and supervision for the child and to protect the health and safety of the child and of other children residing in and personnel working at the facility. The information that must be disclosed pursuant to this section includes, but is not limited to, medical and mental health conditions and history of the child, the nature of abuse or neglect to which the child has been subjected, behavioral strengths and challenges, and matters related to the child's educational needs. If the department does not have this information at the time of making the placement, a member of the child's casework team or the child's caseworker shall contact the designated employee of the facility to provide the information known to the casework team or reasonably accessible during the first working day following the placement. The child's caseworker shall research the child's record and shall supplement the information provided to the facility no later than the end of the first week of placement if additional information is found. When the child's caseworker acquires new information which is likely to affect either the ability of the facility to provide adequate care and supervision for the child or is likely to place the health and safety of the child or of other children residing in the facility or the facility's personnel at risk, the department shall disclose that information to the designated facility employee. The obligation to provide this information continues until the placement ends. (B) For purposes of this section, "public or private residential facility" means a group home, residential treatment center, or other facility that, pursuant to a contract with or a license or permit issued by the department, provides residential services to children in the custody of the department.
S.C. Code Ann. § 63-7-940 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-940
SECTION 63-7-940. Use of unfounded case information.
Status: in_force

(A) Information concerning reports classified as unfounded contained in the statewide data system and records must be maintained for not less than five years after the finding. Information contained in unfounded cases is not subject to disclosure under the Freedom of Information Act as provided for in Chapter 4, Title 30. Access to and use of information contained in unfounded cases must be strictly limited to the following purposes and entities: (1) a prosecutor or law enforcement officer or agency, for purposes of investigation of a suspected false report pursuant to Section 63-7-440; (2) the department or a law enforcement officer or agency, for the purpose investigating allegations of abuse or neglect; (3) the department or a law enforcement officer or agency, when information is received that allows the reopening of a Category III unfounded report pursuant to Section 63-7-920(A); (4) as evidence in a court proceeding, if admissible under the rules of evidence as determined by a judge of competent jurisdiction; (5) a person who is the subject of a report in an action brought by a prosecutor or by the department, if otherwise subject to discovery under the applicable rules of procedure; (6) the department, for program improvement, auditing, and statistical purposes; (7) as authorized in Section 63-7-2000; (8) the Department of Child Fatalities pursuant to Section 63-11-1960; (9)(a) the director or his designee who may disclose information to respond to an inquiry by a committee or subcommittee of the Senate or the House of Representatives or a joint committee of the General Assembly, which is engaged in oversight or investigating the activities of the department, provided that such information is reviewed in closed session and kept confidential. Notwithstanding the provisions of Chapter 4, Title 30, meetings to review information disclosed pursuant to this subitem must be held in closed session and any documents or other materials provided or reviewed during the closed session are not subject to public disclosure; (b) the department shall state that the case was unfounded when disclosing information pursuant to this item; and (10)(a) the state director or the director's designee, for the purpose of publicly disclosing findings or information about a prior unfounded case of child abuse or neglect in the preparation and release of reports pursuant to Section 63-7-1990(H), provided that the disclosed information is limited to the following: (i) the cause and circumstances regarding the child fatality or near fatality; (ii) the age and gender of the child; (iii) information describing any previous reports of child abuse or neglect that are pertinent to the abuse or neglect that led to the child fatality or near fatality; (iv) information describing any previous investigations pertinent to the abuse or neglect that led to the child fatality or near fatality; (v) the result of any such investigations; and (vi) the services provided by the State and actions of the State on behalf of the child that are pertinent to the child abuse or neglect that led to the child fatality or near fatality. (b) The department may delay public disclosure of findings or information pursuant to this item if the disclosure of the findings or information would threaten the safety or well-being of a child or the child's family, or if disclosure of the findings or information would impede a criminal investigation or endanger a reporter of abuse or neglect. (B) Except as authorized in this section, no person may disseminate or permit dissemination of information maintained pursuant to subsection (A). A person who disseminates or permits dissemination in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than one year, or both. A person aggrieved by an unlawful dissemination in violation of this subsection may bring a civil action to recover damages incurred as a result of the unlawful act and to enjoin its dissemination or use. Effect of Amendment 2014 Act No. 291, SECTION 2, added subsection (A)(9), and made other nonsubstantive changes. 2022 Act No. 224, SECTION 1, in (A), added (10).
S.C. Code Ann. § 63-7-2380 — SC Code / Title 63 / Chapter 7 / Article 5 / Section 63-7-2380
SECTION 63-7-2380. Foster parent training.
Status: in_force

The Department of Social Services shall establish standards for foster parent training so as to ensure uniform preparedness for foster parents who care for abused or neglected children in the custody of the State. These standards shall specifically prohibit the viewing of standard television programs or reading of articles from popular magazines or daily newspapers as complying with the completion of pre-service or annual foster parent training requirements.
S.C. Code Ann. § 63-15-620 — SC Code / Title 63 / Chapter 15 / Article 6 / Section 63-15-620
SECTION 63-15-620. Actions for abduction prevention measures.
Status: in_force

(A) A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child. (B) A party to a child-custody determination or another individual or entity having a right under the laws of this State or another state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this article. (C) A prosecutor or public authority designated under Section 63-15-378 may seek a warrant to take physical custody of a child under Section 63-15-670 or other appropriate prevention measures.
S.C. Code Ann. § 63-3-530 — SC Code / Title 63 / Chapter 3 / Article 5 / Section 63-3-530
SECTION 63-3-530. Jurisdiction in domestic matters.
Status: reserved

(A) The family court has exclusive jurisdiction: (1) to hear and determine matters which come within the provisions of the Uniform Interstate Family Support Act; (2) to hear and determine actions for divorce a vinculo matrimonii, separate support and maintenance, legal separation, and in other marital litigation between the parties, and for settlement of all legal and equitable rights of the parties in the actions in and to the real and personal property of the marriage and attorney's fees, if requested by either party in the pleadings; (3) to hear and determine actions for and related to the adoption of children and adults; (4) to hear and determine actions for termination of parental rights, whether such action is in connection with an action for adoption or apart therefrom; (5) (Reserved) (6) to hear and determine actions for the annulment of marriage; (7) (Reserved) (8) to hear and determine actions for changing names, whether in connection with a divorce or a separate support and maintenance action or apart therefrom; (9) to hear and determine actions for the correction of birth records; (10) to consent to the enlistment of a minor in the military service or the employment of a minor, if a minor has no one standing in loco parentis to do so; (11) to hear and determine proceedings within the county to compel the support of a spouse or child, whether legitimate or illegitimate; (12) for the protection, guardianship and disposition of neglected or dependent minors in proceedings properly brought before it for the support of a spouse or child; (13) in all cases or proceedings within the county against persons charged with failure to obey an order of the court made pursuant to authority conferred by law; (14) to order support of a spouse or child, or both, irrespective of whether they are likely to become a public charge; (15) to include in the requirements of an order for support the providing of necessary shelter, food, clothing, care, medical attention, expenses of confinement, both before and after the birth, the expense of educating his or her child and other proper and reasonable expenses; (16) to require of persons legally chargeable with the support of a spouse or child, who are possessed of sufficient means or who are able to earn such means, the payment weekly, or at other fixed periods, of a fair and reasonable sum for such support, or as a contribution toward such support, according to the means of the persons so chargeable; (17) To make all orders for support run until further order of the court, except that orders for child support run until the child turns eighteen years of age or until the child is married or becomes self-supporting, as determined by the court, whichever occurs first, or past the age of eighteen years if the child is enrolled and still attending high school, not to exceed high school graduation or the end of the school year after the child reaches nineteen years of age, whichever is later; or in accordance with a preexisting agreement or order to provide for child support past the age of eighteen years; or in the discretion of the court, to provide for child support past age eighteen when there are physical or mental disabilities of the child or other exceptional circumstances that warrant the continuation of child support beyond age eighteen for as long as the physical or mental disabilities or exceptional circumstances continue. When child support is terminated due to the child turning eighteen years of age, graduating from high school, or reaching the end of the school year when the child is nineteen, no arrearage may be incurred as to that child after the date of the child's eighteenth birthday, the date of the child's graduation from high school, or the last day of the school year when the child is nineteen, whichever date terminated the child support obligation. (18) to make an order for support of a husband or wife and children by his or her spouse, even though he or she may have left the home, in cases where the spouse's conduct or condition or his or her cruel or inhuman behavior made it unsafe or improper for the deserting spouse to continue to live with him or her. Such orders may require either spouse or any other party to the proceeding: (a) to stay away from the home or from the other or either spouse or children; (b) to permit either spouse to visit the children at stated periods; (c) to abstain from offensive conduct against the other spouse or either of them, or against the children; (d) to give proper attention to the care of the home; (e) to refrain from acts of commission or omission that tend to make the home not a proper place for the other, or either spouse, or the children; (19) in furtherance of the complete disposition of cases in the jurisdiction of the court, to bring in and make parties to any proceedings pending in the court any person or persons charged with or alleged to be interfering with the marital relationship between a husband and wife, in violation of the law or of the rights of either party to the marriage, or whose presence to the proceedings may be found necessary to a complete determination of the issues therein, or the relief to which the parties thereto, or any of them, may be entitled; and shall have the power to enjoin and restrain such interference and to punish for contempt of court violations of such injunctions or restraining orders; (20) to award the custody of the children, during the term of any order of protection, to either spouse, or to any other proper person or institution; (21) to determine the manner in which sums ordered paid for support shall be paid and applied, either to a person through the court, through the clerk of court, or through a centralized wage withholding system if required by federal statute or regulation; (22) to require a person ordered to support another to give security by a written undertaking that he will pay the sums ordered by the court for such support and, upon the failure of any person to give such security by a written undertaking when required by order of the court, to punish such person for contempt and, when appropriate, to discharge such undertaking; (23) in lieu of requiring an undertaking, to suspend sentence and place on probation a person who has failed to support another as required by law, and to determine the conditions of such probation and require them to be observed; to revoke such suspension of sentence and probation, where circumstances warrant it; and to discharge a respondent from probation; (24) to release on probation prior to the expiration of the full term a person committed to jail for failure to obey an order of the court, where the court is satisfied that the best interest of the family and the community will be served thereby; (25) to modify or vacate any order issued by the court; (26) to order either before, during or after a hearing a mental, physical and psychiatric examination as circumstances warrant; (27) to exclude the public from the courtroom in a proper case; (28) to send processes or any other mandates in any matter in which it has jurisdiction into any county of the State for service or execution in like manner and with the same force and effect as similar processes or mandates of the circuit courts, as provided by law; (29) to compel the attendance of witnesses; (30) to make any order necessary to carry out and enforce the provisions of this title, and to hear and determine any questions of support, custody, separation, or any other matter over which the court has jurisdiction, without the intervention of a jury; however, the court may not issue an order which prohibits a custodial parent from moving his residence to a location within the State unless the court finds a compelling reason or unless the parties have agreed to such a prohibition; (31) to require spouse to furnish support or to be liable for nonsupport, as provided above, if, at the time of the filing of the petition for supports: (a) he is residing or domiciled in the county or when such area is the matrimonial domicile of the parties; or (b) he is not residing or domiciled in the area referred to in subsection (A), but is found therein at such time, provided the petitioner is so residing or domiciled at such time; or (c) he is neither residing or domiciled nor found in such area but, prior to such time and while so residing or domiciled, he shall have failed to furnish such support, or shall have abandoned his spouse or child and thereafter shall have failed to furnish such support, provided that the petitioner is so residing or domiciled at that time; (32) the petitioner need not continue to reside or be domiciled in such area where the cause of action arose, as provided in subitems (a) and (b) of item (31) of this section, if the conduct of the respondent has been such as to make it unsafe or improper for her to so reside or be domiciled, and the petitioner may bring action in the court of the jurisdiction wherein she is residing or has become domiciled; (33) to order visitation for the grandparent of a minor child where either or both parents of the minor child is or are deceased, or are divorced, or are living separate and apart in different habitats, if the court finds that: (1) the child's parents or guardians are unreasonably depriving the grandparent of the opportunity to visit with the child, including denying visitation of the minor child to the grandparent for a period exceeding ninety days; and (2) awarding grandparent visitation would not interfere with the parent-child relationship; and: (a) the court finds by clear and convincing evidence that the child's parents or guardians are unfit; or (b) the court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the child's best interest. The judge presiding over this matter may award attorney's fees and costs to the prevailing party. For purposes of this item, "grandparent" means the natural or adoptive parent of a natural or adoptive parent of a minor child. (34) to order custody with all rights of guardianship as described in Section 21-21-55; (35) to hear and determine actions for protection from domestic abuse; (36) to issue orders compelling public officials and officers to perform official acts under Title 63, the Children's Code, Protection from Domestic Abuse Act, and Chapter 35, Title 43, Omnibus Adult Protection Act; (37) to appoint guardians ad litem in actions pertaining to custody or visitation pursuant to Section 63-3-810; (38) to hear and determine an action where either party in his or her complaint, answer, counterclaim, or motion for pendente lite relief prays for the allowance of suit money pendente lite and permanently. In this action the court shall allow a reasonable sum for the claim if it appears well-founded. Suit money, including attorney's fees, may be assessed for or against a party to an action brought in or subject to the jurisdiction of the family court. An award of temporary attorney's fees or suit costs must not be stayed by an appeal of the award; (39) to require the parties to engage in court-mandated mediation pursuant to Family Court Mediation Rules or to issue consent orders authorizing parties to engage in any form of alternate dispute resolution which does not violate the rules of the court or the laws of South Carolina; provided however, the parties in consensual mediation must designate any arbiter or mediator by unanimous consent subject to the approval of the court; (40) to require the parent of a child brought before the court for adjudication of a delinquency matter and agencies providing services to the family to cooperate and participate in a plan adopted by the court to meet the needs and best interests of the child and to hold a parent or agency in contempt for failing to cooperate and participate in the plan adopted by the court. In imposing its contempt powers the Family Court must take into consideration mitigating circumstances including the parent's or legal custodian's participation in the treatment plan, the level of services being offered by the lead and participating agencies, and the level of cooperation by the lead and participating agencies as the court may deem appropriate; (41) to order a person required to pay support under a court order being enforced under Title IV-D of the Social Security Act who is unemployed or underemployed and who is the parent of a child receiving Temporary Assistance to Needy Families benefits to participate in an employment training program or public service employment pursuant to regulations promulgated by the department. The Division of Child Support Enforcement of the State Department of Social Services also has jurisdiction under this item in cases under Title IV-D of the Social Security Act brought pursuant to Article 5, Chapter 17, Title 63 of the 1976 Code; (42) to order joint or divided custody where the court finds it is in the best interests of the child; (43) to enforce an administrative subpoena or subpoena duces tecum issued by the Department of Social Services pursuant to Section 63-17-850 and to enforce fines assessed by the department pursuant to Sections 63-17-850, 63-17-2310(C), and 43-5-598(G); (44) to order sibling visitation where the court finds it is in the best interest of the children; (45) to hear and determine actions concerning control of the person of a minor, including guardianship of the minor; (46) to order custody of a minor child to the de facto custodian under the circumstances specified in Section 63-15-60. (B) Notwithstanding another provision of law, the family court and the probate court have concurrent jurisdiction to hear and determine matters relating to paternity, common-law marriage, and interpretation of marital agreements; except that the concurrent jurisdiction of the probate court extends only to matters dealing with the estate, trust, and guardianship and conservatorship actions before the probate court. Effect of Amendment The 2010 amendment rewrote paragraph (A)(33). The 2012 amendment rewrote subsection (A)(17). 2014 Act No. 270, SECTION 1, in subsection (A)(33), deleted former paragraph (2), relating to the grandparent maintaining a parent-child relationship with the minor child; in paragraph (2), deleted "that" before "awarding"; and in the last paragraph, substituted "a natural or adoptive parent of" for "any parent to".
S.C. Code Ann. § 63-15-230 — SC Code / Title 63 / Chapter 15 / Article 2 / Section 63-15-230
SECTION 63-15-230. Final custody determination; considerations.
Status: in_force

(A) The court shall make the final custody determination in the best interest of the child based upon the evidence presented. (B) The court may award joint custody to both parents or sole custody to either parent. (C) If custody is contested or if either parent seeks an award of joint custody, the court shall consider all custody options, including, but not limited to, joint custody, and, in its final order, the court shall state its determination as to custody and shall state its reasoning for that decision. (D) Notwithstanding the custody determination, the court may allocate parenting time in the best interest of the child.
S.C. Code Ann. § 63-7-1990 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1990
SECTION 63-7-1990. Confidentiality and release of records and information.
Status: in_force

(A) All reports made and information collected pursuant to this article maintained by the Department of Social Services and the Central Registry of Child Abuse and Neglect are confidential. A person who disseminates or permits the dissemination of these records and the information contained in these records except as authorized in this section, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than one year, or both. (B) The department is authorized to grant access to the records of indicated cases to the following persons, agencies, or entities: (1) the Department of Children's Advocacy, including the Guardian ad Litem Division, and county Guardian ad Litem Program staff, when carrying out their duties; (2) a person appointed as the child's guardian ad litem, the attorney for the child's guardian ad litem, or the child's attorney; (3) appropriate staff of the department; (4) a law enforcement agency investigating or prosecuting known or suspected abuse or neglect of a child or any other crime against a child, attempting to locate a missing child, investigating or prosecuting the death of a child, or investigating or prosecuting any other crime established in or associated with activities authorized under this article; (5) a person who is named in a report or investigation pursuant to this article as having abused or neglected a child, that person's attorney, and that person's guardian ad litem; (6) a child fourteen years of age or older who is named in a report as a victim of child abuse or neglect, except in regard to information that the department may determine to be detrimental to the emotional well-being of the child; (7) the parents or guardians of a child who is named in a report as a victim of child abuse or neglect; (8) county medical examiners or coroners who are investigating the death of a child; (9) the State Child Fatality Advisory Committee and the Department of Child Fatalities in accordance with the exercise of their purposes or duties pursuant to Article 19, Chapter 11; (10) family courts conducting proceedings pursuant to this article; (11) the parties to a court proceeding in which information in the records is legally relevant and necessary for the determination of an issue before the court, if before the disclosure the judge has reviewed the records in camera, has determined the relevancy and necessity of the disclosure, and has limited disclosure to legally relevant information under a protective order; (12) a grand jury by subpoena upon its determination that access to the record is necessary in the conduct of its official business; (13) authorities in other states conducting child abuse and neglect investigations or providing child welfare services; (14) courts in other states conducting child abuse and neglect proceedings or child custody proceedings; (15) the director or chief executive officer of a childcare facility, child placing agency, or child caring facility when the records concern the investigation of an incident of child abuse or neglect that allegedly was perpetrated by an employee or volunteer of the facility or agency against a child served by the facility or agency; (16) a person or agency with authorization to care for, diagnose, supervise, or treat the child, the child's family, or the person alleged to have abused or neglected the child; (17) any person engaged in bona fide research with the written permission of the state director or the director's designee, subject to limitations the state director may impose; (18) multidisciplinary teams impaneled by the department or impaneled pursuant to statute; (19) circuit solicitors and their agents investigating or prosecuting known or suspected abuse or neglect of a child or any other crime against a child, attempting to locate a missing child, investigating or prosecuting the death of a child, or investigating or prosecuting any other crime established in or associated with activities authorized under this article; (20) prospective or current adoptive parents, caregivers, kinship care providers, foster parents, and public or private residential facilities, in contemplation of placement and after placement. For purposes of this item, "public or private residential facility" has the same meaning as defined in Section 63-7-770; (21) the Division for the Review of the Foster Care of Children, for purposes of certifying in accordance with Section 63-11-730 that no potential employee or no nominee to and no member of the state or a local foster care review board is a subject of an indicated report or affirmative determination; (22) employees of the Division for the Review of the Foster Care of Children and members of local boards when carrying out their duties pursuant to Article 7, Chapter 11; the department and the division shall limit by written agreement or regulation, or both, the documents and information to be furnished to the local boards; (23) employees of the Division of Guardian ad Litem, for purposes of certifying that no potential employee or volunteer is the subject of an indicated report or an affirmative determination and when carrying out their duties; (24) the designated authorities at the military installation where the active duty service member, who is the sponsor of the alleged abused or neglected child, is assigned. The authorities are designated in the memorandum of understanding or agreement between county protective services and the military installation's command authority; and (25) a South Carolina Children's Advocacy Medical Response System child abuse health care provider or his designee for the evaluation of a child for suspected abuse or neglect. (C) The department may limit the information disclosed to individuals and entities named in subsection (B)(13), (14), (15), (16), (17), (18), and (20) to that information necessary to accomplish the purposes for which it is requested or for which it is being disclosed; however, the department shall comply with subsection (D)(2) regarding the release of medical or mental health records to an individual or facility identified in subsection (B)(20). Nothing in this subsection gives to these entities or persons the right to review or copy the complete case record. (D)(1) When a request for access to the record comes from an individual identified in subsection (B)(5), (6), or (7), or that person's attorney, the department shall review any reports from medical care providers and mental health care providers to determine whether the report contains information that does not pertain to the case decision, to the treatment needs of the family as a whole, or to the care of the child. If the department determines that these conditions exist, before releasing the document, the department shall provide a written notice identifying the report to the requesting party and to the person whose treatment or assessment was the subject of the report. The notice may be mailed to the parties involved or to their attorneys or it may be delivered in person. The notice shall state that the department will release the report after ten days from the date notice was mailed to all parties and that any party objecting to release may apply to the court of competent jurisdiction for relief. When a medical or mental health provider or agency furnishes copies of reports or records to the department and designates in writing that those reports or records are not to be further disclosed, the department must not disclose those documents to persons identified in subsection (B)(5), (6), or (7), or that person's attorney. The department shall identify to the requesting party the records or reports withheld pursuant to this subsection and shall advise the requesting party that he may contact the medical or mental health provider or agency about release of the records or reports. (2) The department is authorized to release all records and reports in the department's possession from a child's medical providers and mental health providers to an individual or facility identified in subsection (B)(20) that are necessary for that individual or facility to provide adequate care and supervision for the child and to protect the health and safety of the child and others. The department also is authorized to and shall release the information in its possession to a child-placing agency for the benefit of a foster parent recruited, trained and supported by the child-placing agency. Information that must be released includes, but is not limited to, the following: (a) any medical, dental, and mental health, developmental, educational or other special needs of the child, including the names and addresses of the child's health and educational providers, the child's medical history, a record of the child's immunizations, the child's current medications, the child's known medical problems, and any other pertinent health information concerning the child; (b) the child's history of and risks relating to the child's history including, but not limited to, physical or sexual trauma, physical or sexual aggression, or psychological diagnoses; and (c) treatment plans developed for the child. (E) A disclosure pursuant to this section shall protect the identity of the person who reported the suspected child abuse or neglect. The department also may protect the identity of any other person identified in the record if the department finds that disclosure of the information would be likely to endanger the life or safety of the person. Nothing in this subsection prohibits the department from subpoenaing the reporter or other persons to court for the purpose of testimony if the department determines the individual's testimony is necessary to protect the child; the fact that the reporter made the report must not be disclosed. (F) The department is authorized to summarize the outcome of an investigation to the person who reported the suspected child abuse or neglect if the person requests the information at the time the report is made. The department has the discretion to limit the information disclosed to the reporter based on whether the reporter has an ongoing professional or other relationship with the child or the family. (G)(1) The state director of the department or the director's designee may disclose to the media information contained in child protective services records if the disclosure is limited to discussion of the department's activities in handling the case including information placed in the public domain by other public officials, a criminal prosecution, the alleged perpetrator or the attorney for the alleged perpetrator, the party in interest, or other public judicial proceedings. For purposes of this subsection, information is considered "placed in the public domain" when it has been reported in the news media, is contained in public records of a criminal justice agency, is contained in public records of a court of law, or has been the subject of testimony in a public judicial proceeding. (2) The director or his designee shall disclose information in records required to be kept confidential pursuant to subsection (A) to respond to an allegation made by the alleged perpetrator, the attorney for the alleged perpetrator, the party in interest, or other public officials in public testimony before a committee or subcommittee of the Senate or the House of Representatives or a joint committee of the General Assembly, which is engaged in oversight or investigating the activities of the department. The department's response is limited to discussion of the department's activities in handling the case relating to the allegation made in public testimony. (3) For all other information not subject to disclosure pursuant to subsection (G)(2), the director or his designee shall disclose information in records required to be kept confidential pursuant to subsection (A) to respond to an inquiry from a committee or subcommittee of the Senate or the House of Representatives or a joint committee of the General Assembly, which is engaged in oversight or investigating the activities of the department. The information must be reviewed in a closed session and kept confidential. Notwithstanding the provisions of Chapter 4, Title 30, meetings to review information disclosed pursuant to this item must be held in closed session and any documents or other materials provided or reviewed during the closed session are not subject to public disclosure. (H)(1) The state director or the director's designee is authorized to prepare and release reports of cases of child abuse or neglect which have resulted in a child fatality or near fatality provided that the disclosed information is limited to the following: (a) the cause and circumstances regarding the child fatality or near fatality; (b) the age and gender of the child; (c) information describing any previous reports of child abuse or neglect that are pertinent to the abuse or neglect that led to the child fatality or near fatality; (d) information describing any previous investigations pertinent to the abuse or neglect that led to the child fatality or near fatality; (e) the result of any such investigations; and (f) the services provided by the State and actions of the State on behalf of the child that are pertinent to the child abuse or neglect that led to the child fatality or near fatality. (2) The department may delay public disclosure of a report pursuant to this subsection if the disclosure of the report would threaten the safety or well-being of a child or the child's family, or if disclosure of the report would impede a criminal investigation or endanger a reporter of abuse or neglect. (I) The department is authorized to disclose information concerning an individual named in the Central Registry of Child Abuse and Neglect as a perpetrator when screening of an individual's background is required by statute or regulation for employment, licensing, or any other purposes, or a request is made in writing by the person being screened. Nothing in this section prevents the department from using other information in department records when making decisions concerning licensing, employment, or placement, or performing other duties required by this act. The department also is authorized to consult any department records in providing information to persons conducting preplacement investigations of prospective adoptive parents in accordance with Section 63-9-520. (J) The department is authorized to maintain in its childcare regulatory records information about investigations of suspected child abuse or neglect occurring in childcare facilities. (1) The department must enter child abuse or neglect investigation information in its regulatory record from the beginning of the investigation and must add updated information as it becomes available. Information in the regulatory records must include at least the date of the report, the nature of the alleged abuse or neglect, the outcome of the investigation, any corrective action required, and the outcome of the corrective action plan. (2) The department's regulatory records must not contain the identity of the reporter or of the victim child. (3) The identity of the perpetrator must not appear in the record unless the family court has confirmed the department's determination or a criminal prosecution has resulted in conviction of the perpetrator. (4) Nothing in this subsection may be construed to limit the department's authority to use information from investigations of suspected child abuse or neglect occurring in childcare facilities to pursue an action to enjoin operation of a facility as provided in Chapter 13. (5) Record retention provisions applicable to the department's child protective services case records are not applicable to information contained in regulatory records concerning investigations of suspected child abuse or neglect occurring in childcare facilities. (K) All reports made available to persons pursuant to this section must indicate whether or not an appeal is pending on the report pursuant to Subarticle 9. (L) The department may disclose to participants in a family group conference relevant information concerning the child or family or other relevant information to the extent that the department determines that the disclosure is necessary to accomplish the purpose of the family group conference. Participants in the family group conference must be instructed to maintain the confidentiality of information disclosed by the agency. (M) Nothing in this section may be construed to waive the confidential nature of the case record, to waive any statutory or common law privileges attaching to the department's internal reports or to information in case records, to create a right to access under the Freedom of Information Act, or to require the department to search records or generate reports for purposes of the Freedom of Information Act. (N) The department is authorized to provide a summary of referrals and the outcome of the referrals made to a contracted service agency or program addressing identified risks affecting the stability of the family to a South Carolina Children's Advocacy Medical Response System child abuse health care provider or his designee. (O) The department shall notify and share information relating to the outcome of an indicated investigation or other contracted services and programs addressing identified risks affecting the stability of the family with the physicians involved in the ongoing primary or specialty health care of the child. Code Commissioner's Note At the direction of the Code Commissioner, the paragraph additions to (B) made by 2015 Act No. 62 and 2015 Act No. 75 were read together. Editor's Note 2018 Act No. 160, SECTIONS 18.A and 18.B, provide as follows: "SECTION 18. A. Where the provisions of this act transfer duties, programs, or services of the Department of Administration to the Department of Children's Advocacy, the employees, authorized appropriations, and assets and liabilities of these divisions, services, and programs also are transferred to and become part of the Department of Children's Advocacy. All classified or unclassified personnel employed by the divisions, programs, services, or initiatives transferred from the Department of Administration, either by contract or by employment at will, become on July 1, 2019, employees of the Department of Children's Advocacy, with the same compensation, classification, and grade level, as applicable. Before the transfer of the applicable divisions, programs, services, or initiatives of the Department of Administration pursuant to this act, these agencies and organizations shall cause all necessary actions to be taken to accomplish this transfer in accordance with state and federal laws and regulations." "B. Applicable regulations promulgated by the Department of Administration are continued and are considered to be promulgated by the Department of Children's Advocacy. Applicable contracts entered into by the Department of Administration are continued and are considered to be devolved upon the Department of Children's Advocacy at the time of the transfer." Effect of Amendment 2014 Act No. 291, SECTION 3, in subsection(G), added the paragraph designator (1); in subsection (G)(1), inserted "the party in interest,"; and added subsections (G)(2) and (G)(3). 2015 Act No. 62, SECTION 3, added (B)(24). 2015 Act No. 75, SECTION 2, added (B)(25). 2015 Act No. 75, SECTION 3, added (N) and (O). 2018 Act No. 160, SECTION 12, in (B), in (1), substituted "Department of Children's Advocacy" for "ombudsman of the office of the Governor of the Governor's designee", in (21), deleted "Office of the Governor," following "Review of the Foster Care of Children," in (22), deleted ", Office of the Governor" following "Review of the Foster Care of Children" and substituted "Article 7, Chapter 11" for "Article 7 of Chapter 11", and, in (23), deleted "Office of the Governor," following "Division of Guardian ad Litem,". 2018 Act No. 165, SECTION 4, rewrote (B)(20); in (C), in the first sentence, inserted "; however, the department shall comply with subsection (D)(2) regarding the release of medical or mental health records to an individual or facility identified in subsection (B)(20" following "being disclosed"; and in (D), inserted the (1) designator, made nonsubstantive changes, and added (2), authorizing the department to release records containing personal health information about the child to certain caregivers. 2022 Act No. 224, SECTION 2, rewrote (H). 2025 Act No. 8, SECTION 1, in (B)(1), inserted ", including the Guardian ad Litem Division, and county Guardian ad Litem Program staff, when carrying out their duties"; and in (B)(23), inserted "employees of" and "and when carrying out their duties" at the beginning and end of the subsection, respectively.
S.C. Code Ann. § 63-11-1930 — SC Code / Title 63 / Chapter 11 / Article 19 / Section 63-11-1930
SECTION 63-11-1930. Committee established.
Status: in_force

(A) There is created a State Child Fatality Advisory Committee composed of: (1) the Director of the South Carolina Department of Social Services; (2) the Director of the South Carolina Department of Health and Environmental Control; (3) the State Superintendent of Education; (4) the Executive Director of the South Carolina Criminal Justice Academy; (5) the Chief of the State Law Enforcement Division; (6) the Office Director of the Office of Substance Use Services; (7) the Office Director of the Office of Mental Health; (8) the Office Director of the Office of Intellectual and Developmental Disabilities; (9) the Director of the Department of Juvenile Justice; (10) the Chief Executive Officer of the Children's Trust of South Carolina; (11) one senator to be appointed by the President of the Senate; (12) one representative to be appointed by the Speaker of the House of Representatives; (13) an attorney with experience in prosecuting crimes against children; (14) a county coroner or medical examiner; (15) a board certified or eligible for board certification child abuse pediatrician, appointed from recommendations submitted by the State Chapter of the American Academy of Pediatrics; (16) a solicitor; (17) a forensic pathologist; (18) two members of the public at large, one of whom shall represent a private nonprofit organization that advocates children services; and (19) the State Child Advocate. (B) Those members in items (1)-(12) shall serve ex officio and may appoint a designee to serve in their place from their particular departments or agencies who have administrative or program responsibilities for children and family services. The Governor shall appoint the remaining members, including the coroner or medical examiner and solicitor who shall serve ex officio for terms of four years and until their successors are appointed and qualify. (C) The committee shall elect a chairman and vice chairman by a majority vote of the membership, each for a term of two years. (D) The committee shall hold meetings at least quarterly. A majority of the committee, excluding the committee members in subsection (A)(11) and (12) or their designees, constitutes a quorum. (E) Each ex officio member shall provide sufficient staff and administrative support to carry out the responsibilities of this article. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Effect of Amendment 2014 Act No. 203, SECTION 1, added subsections (A)(10), (A)(11), and (A)(12), and redesignated the subsections accordingly; in subsection (A)(15), substituted "a board certified or eligible for board certification child abuse pediatrician" for "a pediatrician with experience in diagnosing and treating child abuse and neglect"; in subsection (A)(18), substituted "whom shall" for "which must"; and rewrote subsections (B), (C), and (D). 2018 Act No. 160, SECTION 10, in (A), added (19), relating to the State Child Advocate. 2019 Act No. 1, SECTION 78, in (A)(11), substituted "President of the Senate" for "President Pro Tempore of the Senate".
S.C. Code Ann. § 63-5-950 — SC Code / Title 63 / Chapter 5 / Article 7 / Section 63-5-950
SECTION 63-5-950. Attorney's fees and costs; factors.
Status: in_force

In making determinations pursuant to this article, the court may award attorney's fees and costs based on the court's consideration of: (1) the failure of either party to reasonably accommodate the other party in custody, visitation, and support matters related to a military parent's service; (2) unreasonable delay caused by either party in resolving custody, visitation, and support matters related to a military parent's service; (3) failure of either party to timely provide income and earnings information to the other party; and (4) other factors as the court may consider appropriate and as may be required by law.
S.C. Code Ann. § 63-17-2910 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-2910
SECTION 63-17-2910. Definitions.
Status: in_force

In this article: (1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. (2) "Child-support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. (3) "Convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. (4) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. (5) "Foreign country" means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and: (a) which has been declared under the law of the United States to be a foreign reciprocating country; (b) which has established a reciprocal arrangement for child support with this State as provided in Section 63-17-3280; (c) which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this article; or (d) in which the convention is in force with respect to the United States. (6) "Foreign support order" means a support order of a foreign tribunal. (7) "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the convention. (8) "Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period. (9) "Income" means earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this State. (10) "Income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor, as provided for in Articles 11, 13, and 15, to withhold support from the income of the obligor. (11) "Initiating tribunal" means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country. (12) "Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child. (13) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage of a child. (14) "Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. (15) "Law" means decisional and statutory law and rules and regulations having the force of law. (16) "Obligee" means: (a) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued; (b) a foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support; (c) an individual seeking a judgment determining parentage of the individual's child; or (d) a person that is a creditor in a proceeding under Part VII. (17) "Obligor" means an individual, or the estate of a decedent that: (a) owes or is alleged to owe a duty of support; (b) is alleged but has not been adjudicated to be a parent of a child; (c) is liable under a support order; or (d) is a debtor in a proceeding under Part VII. (18) "Outside this State" means a location in another state or a country other than the United States, whether or not the country is a foreign country. (19) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (20) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (21) "Register" means to record or file in a tribunal of this State a support order or judgment determining parentage of a child issued in another state or a foreign country. (22) "Registering tribunal" means a tribunal in which a support order or judgment determining parentage of a child is registered. (23) "Responding state" means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country. (24) "Responding tribunal" means the authorized tribunal in a responding state or a foreign country. (25) "Spousal-support order" means a support order for a spouse or former spouse of the obligor. (26) "State" means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe. (27) "Support enforcement agency" means a public official, governmental entity, or private agency authorized to: (a) seek enforcement of support orders or laws relating to the duty of support; (b) seek establishment or modification of child support; (c) request determination of parentage; (d) attempt to locate obligors or their assets; or (e) request determination of the controlling child-support order. (28) "Support order" means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney's fees, and other relief. (29) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. Effect of Amendment 2015 Act No. 33, SECTION 1, rewrote the section.
S.C. Code Ann. § 63-15-364 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-364
SECTION 63-15-364. Enforcement petition.
Status: in_force

(A) A petition under this subarticle must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (B) A petition for enforcement of a child custody determination must state: (1) whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was; (2) whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this article and, if so, identify the court, the case number, and the nature of the proceeding; (3) whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; (4) the present physical address of the child and the respondent, if known; (5) whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and (6) if the child custody determination has been registered and confirmed under Section 63-15-358, the date and place of registration. (C) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner. (D) An order issued under subsection (C) must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under Section 63-15-372, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that: (1) the child custody determination has not been registered and confirmed under Section 63-15-358 and that: (a) the issuing court did not have jurisdiction under Subarticle 2; (b) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under Subarticle 2; (c) the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 63-15-314, in the proceedings before the court that issued the order for which enforcement is sought; or (2) the child custody determination for which enforcement is sought was registered and confirmed under Section 63-15-356, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subarticle 2.
S.C. Code Ann. § 63-17-3040 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3040
SECTION 63-17-3040. Concurrent filings for support.
Status: in_force

(A) A tribunal of this State may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if: (1) the petition or comparable pleading in this State is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country; (2) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and (3) if relevant, this State is the home state of the child. (B) A tribunal of this State may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if: (1) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this State for filing a responsive pleading challenging the exercise of jurisdiction by this State; (2) the contesting party timely challenges the exercise of jurisdiction in this State; and (3) if relevant, the other state or foreign country is the home state of the child. Effect of Amendment 2015 Act No. 33, SECTION 1, inserted references to "foreign country" throughout.
S.C. Code Ann. § 63-17-3050 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3050
SECTION 63-17-3050. Continuing, exclusive jurisdiction to modify order.
Status: in_force

(A) A tribunal of this State that has issued a child-support order consistent with the law of this State has and shall exercise continuing, exclusive jurisdiction to modify its child-support order if the order is the controlling order and: (1) at the time of the filing of a request for modification this State is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or (2) even if this State is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this State may continue to exercise jurisdiction to modify its order. (B) A tribunal of this State that has issued a child-support order consistent with the law of this State may not exercise continuing, exclusive jurisdiction to modify the order if: (1) all of the parties who are individuals file consent in a record with the tribunal of this State that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or (2) its order is not the controlling order. (C) If a tribunal of another state has issued a child-support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act which modifies a child-support order of a tribunal of this State, tribunals of this State shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state. (D) A tribunal of this State that lacks continuing, exclusive jurisdiction to modify a child-support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state. (E) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. Effect of Amendment 2015 Act No. 33, SECTION 1, reenacted this section with no change.
S.C. Code Ann. § 63-15-520 — SC Code / Title 63 / Chapter 15 / Article 5 / Section 63-15-520
SECTION 63-15-520. Power of attorney.
Status: in_force

If no other parent possesses custodial responsibility under the law of this State, other than this article, or if an existing court order prohibits contact between the child and the other parent, a deploying parent, by power of attorney, may delegate all or part of his or her custodial responsibility to an adult nonparent for the period of deployment. The power of attorney is revocable by the deploying parent through a revocation of the power of attorney signed by the deploying parent.
S.C. Code Ann. § 63-9-2290 — SC Code / Title 63 / Chapter 9 / Article 11 / Section 63-9-2290
SECTION 63-9-2290. Promulgation of procedures governing interstate adoptive and foster care.
Status: in_force

The Department of Social Services shall promulgate procedures to govern all aspects of interstate adoptive and interstate foster care placements.
S.C. Code Ann. § 63-9-80 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-80
SECTION 63-9-80. Biological parent medical history; disclosure to prospective adoptive parent and adoptee.
Status: in_force

(A) Prior to and at the time the department places a child with a prospective adoptive parent for purposes of adoption, the department shall disclose to the prospective adoptive parent all information known by the person making the placement or reasonably accessible to the person making the placement that is necessary to provide adequate care and supervision for the child and to protect the health and safety of the child and the prospective adoptive parent's family. The information that must be disclosed to the prospective adoptive parent pursuant to this section includes, but is not limited to, medical and mental health conditions and history of the child, the nature of abuse or neglect to which the child has been subjected, behavioral strengths and challenges, and matters related to the child's educational needs. If the department does not have this information at the time of making the placement, a member of the child's casework team or the child's caseworker shall contact the prospective adoptive parent and provide the information known to the casework team or reasonably accessible during the first working day following the placement. The child's caseworker shall research the child's record and shall supplement the information provided to the prospective adoptive parent no later than the end of the first week of placement if additional information is found. When the child's caseworker acquires new information which is likely to affect either the ability of the prospective adoptive parent to provide adequate care and supervision for the child or is likely to place the health and safety of the child or the prospective adoptive parent's family at risk, the department shall disclose that information to the prospective adoptive parent. The obligation to provide this information continues until the adoption is finalized. (B)(1) In addition to the information disclosed to the prospective adoptive parent in subsection (A), a medical history of the adoptee's biological parents also shall be disclosed if the biological parents elected to provide that information as provided in item (2). (2) At the time that consent or relinquishment for the purpose of adoption is given by a person required to do so pursuant to Section 63-9-310(A)(2)-(5), the person giving consent or relinquishment may provide a medical history of the adoptee's biological parents. The medical history must be in a form that does not disclose any personally identifiable information of the biological parents. (3) If a medical history is disclosed pursuant to item (1), then the medical history may be disclosed to the adoptee upon reaching the age of majority or under circumstances prior to the adoptee reaching the age of majority for good cause shown." Effect of Amendment 2020 Act No. 144, SECTION 1, inserted the (A) designator, and added (B), allowing a biological parent to provide personal medical history at the time of adoption consent or relinquishment and requiring that such information be disclosed to the prospective adoptive parent and to the adoptee upon reaching the age or majority or prior to the age of majority for good cause shown.
S.C. Code Ann. § 63-15-304 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-304
SECTION 63-15-304. Exemption proceedings.
Status: in_force

This article does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
S.C. Code Ann. § 63-13-420 — SC Code / Title 63 / Chapter 13 / Article 3 / Section 63-13-420
SECTION 63-13-420. Licensure requirements.
Status: in_force

(A) Application for license must be made on forms supplied by the department and in the manner it prescribes. (B) Before issuing a license the department shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a private childcare center or group childcare home. If the results of the investigation verify that the provisions of this chapter and the applicable regulations promulgated by the department are satisfied, a license must be issued. The applicant shall cooperate with the investigation and related inspections by providing access to the physical plant, records, excluding financial records, and staff. Failure to comply with the regulations promulgated by the department within the time period specified in this chapter, if adequate notification of deficiencies has been made, is a ground for denial of application. The investigation and inspections may involve consideration of any facts, conditions, or circumstances relevant to the operation of the childcare center or group childcare home, including references and other information about the character and quality of the personnel. (C) Each license must be conditioned by stating clearly the name and address of the licensee, the address of the childcare center or group childcare home, and the number of children who may be served. (D) Failure of the department, except as provided in Section 63-13-200, to approve or deny an application within ninety days results in the granting of a provisional license. (E)(1) No license may be issued to an operator who has been convicted of any of the offenses included in Section 63-13-40(A)(1). (2) This section does not prohibit licensing when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department 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 be an operator. (F) Application forms for licenses issued under this section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in Section 63-13-40(A)(1) who applies for a license as an operator is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both. (G) A person eighteen years of age or older living in a group family childcare home, and any person eighteen years of age or older who moves into a group family childcare home after an initial application for licensing is approved, shall undergo a state fingerprint-based background check to be conducted by the State Law Enforcement Division to determine any state criminal history, a fingerprint-based background check to be conducted by the Federal Bureau of Investigation to determine any other criminal history, a Central Registry check to be conducted by the department to determine any abuse or neglect perpetrated by the person upon a child, and a search of the National Crime Information Center National Sex Offender Registry and the state sex offender registry pursuant to Section 23-3-430. The person shall be subject to a state criminal register or repository check, a state sex offender check, and a state child abuse and neglect registry and database check in each state where the person has lived in the previous five years. The fingerprint-based background checks required by this subsection are required to be repeated every five years. (H) A person fifteen through seventeen years of age living in a group family childcare home, and any person fifteen through seventeen years of age who moves into a group family childcare home after an initial application for licensing is approved, shall undergo a state fingerprint-based background check to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint-based background check to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint-based background checks required by this subsection are required to be repeated every five years. (I) A person applying for a license as an operator under this section shall undergo a state fingerprint-based background check to be conducted by the State Law Enforcement Division to determine any state criminal history, a fingerprint-based background check to be conducted by the Federal Bureau of Investigation to determine any other criminal history, a Central Registry check to be conducted by the department to determine any abuse or neglect perpetrated by the person upon a child, and a search of the National Crime Information Center National Sex Offender Registry and the state sex offender registry pursuant to Section 23-3-430. The person shall be subject to a state criminal register or repository check, a state sex offender check, and a state child abuse and neglect registry and database check in each state where the person has lived in the previous five years. If a person is not employed or does not provide caregiver services for six months or longer, then the fingerprint-based background checks must be repeated. The fingerprint-based background checks required by this subsection are required to be repeated every five years. (J) A person applying for a license as an operator under this section or seeking employment or seeking to provide caregiver services at a facility licensed under this section shall undergo a state fingerprint-based background check to be conducted by the State Law Enforcement Division to determine any state criminal history, a fingerprint-based background check to be conducted by the Federal Bureau of Investigation to determine any other criminal history, a Central Registry check to be conducted by the department to determine any abuse or neglect perpetrated by the person upon a child, and a search of the National Crime Information Center National Sex Offender Registry and the state sex offender registry pursuant to Section 23-3-430. The person shall be subject to a state criminal register or repository check, a state sex offender check, and a state child abuse and neglect registry and database check in each state where the person has lived in the previous five years. If a person is not employed or does not provide caregiver services for six months or longer, then the fingerprint-based background checks must be repeated. The fingerprint-based background checks required by this subsection are required to be repeated every five years. (K) The South Carolina Law Enforcement Division and the Federal Bureau of Investigation are authorized to retain and store fingerprints for further use in the identification of persons, including, but not limited to, use in identifying unsolved latent prints. The South Carolina Law Enforcement Division and the Federal Bureau of Investigation are authorized to provide the department with current and future information regarding the fingerprints stored, including arrests, convictions, dispositions, warrants, and other information available to the South Carolina Law Enforcement Division and the Federal Bureau of Investigation, such as civil and criminal information. The prospective employee or childcare facility shall be responsible for any fees associated with any and all required background checks. Fees shall not exceed the actual cost of processing and administration. Effect of Amendment 2019 Act No. 52, SECTION 3, in (E), inserted the (1) identifier, inserted "any of the offenses included in Section 63-13-40(A)(1)", deleted (1) to (6), which related to specific crimes, and inserted the (2) identifier; in (F), substituted "Section 63-13-40(A)(1)" for "subsection (E)"; inserted (G), and redesignated (G) as (H); rewrote (H); inserted (I), and redesignated (H) as (J); rewrote (J); and added (K). 2024 Act No. 195, SECTION 9, in (G), (H), (I), and (J), substituted "fingerprint-based background check" and "fingerprint-based background checks" for all references to "fingerprint review" and "fingerprint reviews".
S.C. Code Ann. § 63-13-40 — SC Code / Title 63 / Chapter 13 / Article 1 / Section 63-13-40
SECTION 63-13-40. Background checks for employment.
Status: repealed

(A)(1) A licensed, approved, or registered childcare facility, or any childcare provider that delivers services for which Child Care and Development Fund financial assistance is provided, may not employ a childcare caregiver or other staff member if that person is required to register or is registered with the National Crime Information Center National Sex Offender Registry, the state sex offender registry pursuant to Section 23-3-430, or the Central Registry of Child Abuse and Neglect or has been convicted of: (a) a crime listed in Chapter 3, Title 16, Offenses Against the Person; (b) a crime listed in Chapter 15, Title 16, Offenses Against Morality and Decency; (c) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490; (d) unlawful conduct toward a child, as provided for in Section 63-5-70; (e) cruelty to children, as provided for in Section 63-5-80; (f) child endangerment, as provided for in Section 56-5-2947; (g)(i) the felonies classified in Section 16-1-10(A), except that this prohibition does not apply to Section 56-5-2930, the Class F felony of driving under the influence if the conviction occurred at least ten years prior to the application for employment and the following conditions are met: (A) the person has not been convicted in this State or any other state of an alcohol or drug violation during the previous ten-year period; (B) the person has not been convicted of and has no charges pending in this State or any other state for a violation of driving while his license is canceled, suspended, or revoked during the previous ten-year period; and (C) the person has completed successfully an alcohol or drug assessment and treatment program provided by the Office of Substance Use Services or an equivalent program designated by that agency; (ii) a person who has been convicted of a first-offense violation of Section 56-5-2930 must not drive a motor vehicle or provide transportation while in the official course of his duties as an employee of a childcare center, group childcare home, family childcare home, or church or religious childcare center; (iii) if the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or any other state or of a municipality of this State or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, the person's employment must be terminated; (h) the offenses enumerated in Section 16-1-10(D) if the crime was a felony or if the victim was a minor; (i) a violent crime listed in Section 16-1-60 if the crime was a felony or if the victim was a minor; or (j) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law. (2) This section does not prohibit employment or provision of caregiver services when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, an operator or the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited for employment or to provide caregiver services. (B) A person who has been convicted of a crime enumerated in subsection (A) who applies for employment with, is employed by, or is a caregiver at a childcare center, group childcare home, family childcare home, or church or religious childcare center is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both. (C) Application forms for employment at childcare centers, group childcare homes, family childcare homes, or church or religious childcare centers must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (A) who applies for employment with, is employed by, or seeks to provide caregiver services or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both. (D)(1) To be employed by or to provide caregiver services at a childcare facility licensed, registered, or approved under this subarticle, a person first shall undergo a state fingerprint-based background check to be conducted by the State Law Enforcement Division (SLED) to determine any state criminal history, a fingerprint-based background check to be conducted by the Federal Bureau of Investigation to determine any other criminal history, a Central Registry check to be conducted by the department to determine any abuse or neglect perpetrated by the person upon a child, and a search of the National Crime Information Center National Sex Offender Registry and the state sex offender registry pursuant to Section 23-3-430. (2) The person shall be subject to a state criminal register or repository check, a state sex offender check, and a state child abuse and neglect registry and database check in each state where the person has lived in the previous five years. (3) However, a person may be provisionally employed or may provisionally provide caregiver services after the favorable completion of the State Law Enforcement Division name and date of birth-based background check and the SLED or Federal Bureau of Investigation fingerprint-based background checks, until such time as the remaining fingerprint-based background check and the Central Registry check are completed if the person executes a sworn statement on a form provided by the department that he or she has not been convicted of any crime enumerated in this section and that he or she is not on the Central Registry for having perpetrated abuse or neglect upon a child. A person provisionally employed must be directly supervised by, and in the presence of a nonprovisionally employed person at all times when providing direct care to children. (4) Provisional status will be repealed if the requests for the Central Registry check and SLED and FBI fingerprint-based background checks are not sent by facsimile, mail, or another manner approved by the department by the end of the next business day after the person was employed. (5) If the director of a childcare facility violates the terms of provisional employment, for a first offense, the facility may not employ a person provisionally for twelve months. For a second or subsequent offense, the facility may not employ a person provisionally for twenty-four months. The penalty shall apply to any facility that may employ the director of the facility during the period of suspension. A childcare facility owner with five or more facilities that sustains violations in twenty-five percent or more of facilities owned in the State during a period of two years may not employ a person provisionally in any facility for twenty-four months. The department shall have authority to determine that a violation has occurred and shall notify the owner and the director in writing of the violation and the penalty. The owner or director under penalty may appeal this determination through the process provided in this subarticle for appeal of the revocation or denial of a childcare license. Authority to employ persons in provisional status must remain suspended while the appeal is pending. Upon disposition of the appeal in favor of the appellant, authority to use provisional status must be restored. (6) The results of the fingerprint-based background checks are valid and reviews are to be repeated every five years. The fingerprint checks must be repeated if a person is not employed by or does not provide caregiver services in a childcare center, group childcare home, family childcare home, church or religious childcare center, or childcare provider that delivers services for which Child Care and Development Fund financial assistance is provided for six months or longer. (7) For provisional employment under this section, the department must complete the Central Registry check within two business days of receipt of the request. For other employment under this section, the department must complete the Central Registry check within five business days of receipt of the request. If the department notifies the provider that research into other records is required, these deadlines may be extended for up to ten additional business days. (8) The South Carolina Law Enforcement Division and the Federal Bureau of Investigation are authorized to retain and store fingerprints for further use in the identification of persons, including, but not limited to, use in identifying unsolved latent prints. (9) The South Carolina Law Enforcement Division and the Federal Bureau of Investigation are authorized to provide the department with current and future information regarding the fingerprints stored, including arrests, convictions, dispositions, warrants, and other information available to the South Carolina Law Enforcement Division and the Federal Bureau of Investigation, such as civil and criminal information. (10) The prospective employee or childcare facility shall be responsible for any fees associated with any and all required background checks. Fees shall not exceed the actual cost of processing and administration. (E) Unless otherwise required by law, this section applies to: (1) an employee who provides care to the child or children with or without the direct personal supervision of a person licensed, registered, or approved, or who delivers services for which Child Care and Development Fund financial assistance is provided under this chapter; and (2) any other employee at a facility licensed, registered, or approved, or who delivers services for which Child Care and Development Fund financial assistance is provided under this chapter who has direct access to a child outside the immediate presence of a person who has undergone the fingerprint review required under this chapter. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Effect of Amendment 2019 Act No. 52, SECTION 1, rewrote the section.
S.C. Code Ann. § 63-7-610 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-610
SECTION 63-7-610. Statewide jurisdiction.
Status: in_force

(A) A law enforcement officer investigating a case of suspected child abuse or neglect or responding to a request for assistance by the department as it investigates a case of suspected child abuse or neglect has authority to take emergency protective custody of the child pursuant to this subarticle in all counties and municipalities. (B) Immediately upon taking emergency protective custody, the law enforcement officer shall notify the local office of the department responsible to the county in which the activity under investigation occurred. (C) The department shall designate by policy and procedure the local department office responsible for procedures required by this subarticle when a child resides in a county other than the one in which the activity under investigation occurred. The probable cause hearing required by Section 63-7-710 may be held in the county of the child's residence or the county of the law enforcement officer's jurisdiction.
S.C. Code Ann. § 63-13-90 — SC Code / Title 63 / Chapter 13 / Article 1 / Section 63-13-90
SECTION 63-13-90. Zoning.
Status: in_force

At the time of initial licensing, approval, or registration a childcare facility must provide proof of conformity or authorized nonconformity with county or municipal zoning ordinances or resolutions. The department may impose conditions on the license, approval, or registration consistent with restrictions imposed by zoning authorities.
S.C. Code Ann. § 63-17-3250 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3250
SECTION 63-17-3250. Responding tribunal powers and duties.
Status: in_force

(A) When a responding tribunal of this State receives a petition or comparable pleading from an initiating tribunal or directly pursuant to Section 63-17-3210(B), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. (B) A responding tribunal of this State, to the extent not prohibited by other law, may do one or more of the following: (1) establish or enforce a support order, modify a child-support order, determine the controlling child-support order, or determine parentage of a child; (2) order an obligor to comply with a support order, specifying the amount and the manner of compliance; (3) order income withholding; (4) determine the amount of any arrearages, and specify a method of payment; (5) enforce orders by civil or criminal contempt, or both; (6) set aside property for satisfaction of the support order; (7) place liens and order execution on the obligor's property; (8) order an obligor to keep the tribunal informed of the obligor's current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment; (9) issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants; (10) order the obligor to seek appropriate employment by specified methods; (11) award reasonable attorney's fees and other fees and costs; and (12) grant any other available remedy. (C) A responding tribunal of this State shall include in a support order issued under this article, or in the documents accompanying the order, the calculations on which the support order is based. (D) A responding tribunal of this State may not condition the payment of a support order issued under this article upon compliance by a party with provisions for visitation. (E) If a responding tribunal of this State issues an order under this article, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any. (F) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this State shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported. Effect of Amendment 2015 Act No. 33, SECTION 1, in (B)(1), substituted "establish or enforce" or "issue or enforce" and substituted "determine parentage of a child" for "to determine parentage"; and in (B)(8), inserted "electronic mail address,".
S.C. Code Ann. § 63-3-820 — SC Code / Title 63 / Chapter 3 / Article 7 / Section 63-3-820
SECTION 63-3-820. Qualifications.
Status: in_force

(A) A guardian ad litem may be either an attorney or a layperson. A person must not be appointed as a guardian ad litem pursuant to Section 63-3-810 unless he possesses the following qualifications: (1) a guardian ad litem must be twenty-five years of age or older; (2) a guardian ad litem must possess a high school diploma or its equivalent; (3) an attorney guardian ad litem must annually complete a minimum of six hours of family law continuing legal education credit in the areas of custody and visitation; however, this requirement may be waived by the court; (4) for initial qualification, a lay guardian ad litem must have completed a minimum of nine hours of continuing education in the areas of custody and visitation and three hours of continuing education related to substantive law and procedure in family court. The courses must be approved by the Supreme Court Commission on Continuing Legal Education and Specialization; (5) a lay guardian ad litem must observe three contested custody merits hearings prior to serving as a guardian ad litem. The lay guardian must maintain a certificate showing that observation of these hearings has been completed. This certificate, which shall be on a form approved by Court Administration, shall state the names of the cases, the dates and the judges involved and shall be attested to by the respective judge; and (6) lay guardians ad litem must complete annually six hours of continuing education courses in the areas of custody and visitation. (B) A person shall not be appointed as a guardian ad litem pursuant to Section 63-3-810 who has been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person; in Chapter 15 of Title 16, Offenses Against Morality and Decency; in Chapter 25 of Title 16, Criminal Domestic Violence; in Article 3 of Chapter 53 of Title 44, Narcotics and Controlled Substances; or convicted of the crime of contributing to the delinquency of a minor, provided for in Section 16-17-490. (C) No person may be appointed as a guardian ad litem pursuant to Section 63-3-810 if he is or has ever been on the Department of Social Services Central Registry of Abuse and Neglect. (D) Upon appointment to a case, a guardian ad litem must provide an affidavit to the court and to the parties attesting to compliance with the statutory qualifications. The affidavit must include, but is not limited to, the following: (1) a statement affirming that the guardian ad litem has completed the training requirements provided for in subsection (A); (2) a statement affirming that the guardian ad litem has complied with the requirements of this section, including a statement that the person has not been convicted of a crime enumerated in subsection (B); and (3) a statement affirming that the guardian ad litem is not nor has ever been on the Department of Social Services Central Registry of Child Abuse and Neglect pursuant to Subarticle 13, Article 3, Chapter 7. (E) The court may appoint an attorney for a lay guardian ad litem. A party or the guardian ad litem may petition the court by motion for the appointment of an attorney for the guardian ad litem. This appointment may be by consent order. The order appointing the attorney must set forth the reasons for the appointment and must establish a method for compensating the attorney.
S.C. Code Ann. § 63-19-1880 — SC Code / Title 63 / Chapter 19 / Article 17 / Section 63-19-1880
SECTION 63-19-1880. Probation counselors.
Status: in_force

(A) To be eligible for appointment as a probation counselor, an applicant must possess: (1) a college degree involving special training in the field of social science or its equivalent; (2) a personality and character as would render the applicant suitable for the functions of the office. (B) Probation counselors shall live in districts as determined by the director. Each counselor periodically shall visit the schools under the supervision of the Department of Juvenile Justice and become familiar with the records, background, and needs of the children and shall make periodic reports to the school. (C)(1) The duties of probation counselors include: (a) conducting an investigation of the child and the child's home as may be required by the court; (b) being present in court at the hearing of cases; (c) furnishing to the court information and assistance as the judge may require; and (d) taking charge of a child before and after hearings as may be directed by the court. (2) During the probationary period of a child and during the time that the child may be committed to an institution or to the care of an association or person for custodial or disciplinary purposes, the child is always subject to visitation by the probation counselors or other agents of the court. (D) A probation counselor who has successfully completed Class I or II law enforcement officer training and received a certificate from the South Carolina Law Enforcement Training Council pursuant to the provisions of Chapter 23, Title 23 has the authority, when commissioned by the department, in the execution of his duties, to take a child under the jurisdiction of the family court into custody pursuant to an order issued by the court directing that the child be taken into custody. (E) In the performance of the duties of probation, parole, community supervision, and investigation, the probation counselor is regarded as the official representative of the court, the department, and the Juvenile Parole Board. Effect of Amendment 2014 Act No. 225, SECTION 5, in subsection (D), substituted "South Carolina Law Enforcement Training Council pursuant to the provisions of Chapter 23, Title 23" for "Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23".
S.C. Code Ann. § 63-17-3320 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3320
SECTION 63-17-3320. Sealing petition.
Status: in_force

If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice. Effect of Amendment 2015 Act No. 33, SECTION 1, reenacted this section with no change.
S.C. Code Ann. § 63-7-2010 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-2010
SECTION 63-7-2010. Annual reports.
Status: in_force

The Department of Social Services must furnish annually to the Governor and the General Assembly a report on the incidence and prevalence of child abuse and neglect in South Carolina, the effectiveness of services provided throughout the State to protect children from this harm, and any other data considered instructive.
S.C. Code Ann. § 63-7-620 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-620
SECTION 63-7-620. Emergency protective custody.
Status: in_force

(A) A law enforcement officer may take emergency protective custody of a child without the consent of the child's parents, guardians, or others exercising temporary or permanent control over the child if: (1) the officer has probable cause to believe that by reason of abuse or neglect the child's life, health, or physical safety is in substantial and imminent danger if the child is not taken into emergency protective custody, and there is not time to apply for a court order pursuant to Section 63-7-1660. When a child is taken into emergency protective custody following an incident of excessive corporal punishment, and the only injury to the child is external lesions or minor bruises, other children in the home shall not be taken into emergency protective custody solely on account of the injury of one child through excessive corporal punishment. However, the officer may take emergency protective custody of other children in the home if a threat of harm to them is further indicated by factors including, but not limited to, a prior history of domestic violence or other abuse in the home, alcohol or drug abuse if known or evident at the time of the initial contact, or other circumstances indicative of danger to the children; (2) the child's parent, parents, or guardian has been arrested or the child has become lost accidentally and as a result the child's welfare is threatened due to loss of adult protection and supervision; and (a) in the circumstances of arrest, the parent, parents, or guardian does not consent in writing to another person assuming physical custody of the child; (b) in the circumstances of a lost child, a search by law enforcement has not located the parent, parents, or guardian. (B)(1) If the child is in need of emergency medical care at the time the child is taken into emergency protective custody, the officer shall transport the child to an appropriate health care facility. Emergency medical care may be provided to the child without consent, as provided in Section 63-5-350. The parent or guardian is responsible for the cost of emergency medical care that is provided to the child. However, the parent or guardian is not responsible for the cost of medical examinations performed at the request of law enforcement or the department solely for the purpose of assessing whether the child has been abused or neglected unless it is determined that the child has been harmed as defined in this chapter. (2) If the child is not in need of emergency medical care, the officer or the department shall transport the child to a place agreed upon by the department and law enforcement, and the department within two hours shall assume physical control of the child and shall place the child in a licensed foster home or shelter within a reasonable period of time. In no case may the child be placed in a jail or other secure facility or a facility for the detention of criminal or juvenile offenders. While the child is in its custody, the department shall provide for the needs of the child and assure that a child of school age who is physically able to do so continues attending school.
S.C. Code Ann. § 63-11-50 — SC Code / Title 63 / Chapter 11 / Article 1 / Section 63-11-50
SECTION 63-11-50. License revocation or refusal to renew.
Status: in_force

The department may revoke the license of any child welfare agency which fails to maintain the proper standards of care and service to children in its charge or which violates any provision of this article. No license shall be revoked or its renewal refused except upon thirty days' written notice thereof. Upon appeal from such revocation or refusal to renew a license, the department shall, after thirty days' written notice thereof, hold a hearing, at which time the agency shall be given an opportunity to present testimony and confront witnesses. An appeal of the agency's decision may be made to an administrative law judge pursuant to the Administrative Procedures Act.
S.C. Code Ann. § 63-15-308 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-308
SECTION 63-15-308. Recognition of foreign country custody.
Status: in_force

(A) A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying Subarticles 1 and 2. (B) Except as otherwise provided in subsection (C), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this article must be recognized and enforced under Subarticle 3. (C) A court of this State need not apply this article if the child custody law of a foreign country violates fundamental principles of human rights.
S.C. Code Ann. § 63-13-1110 — SC Code / Title 63 / Chapter 13 / Article 10 / Section 63-13-1110
SECTION 63-13-1110. Sex offender employment prohibitions.
Status: in_force

(A) Notwithstanding another provision of law to the contrary, it is unlawful for a person required to register pursuant to Article 7, Chapter 3, Title 23 to work for any person or as a sole proprietor, with or without compensation, at any location where a minor is present and the person's responsibilities or activities would include instruction, supervision, or care of a minor or minors, unless his employment or volunteer service is approved by a circuit court order and recorded in his sex offender registry file. (B) All court costs and fees associated with the provisions contained in subsection (A) must be paid by the offender. (C) A person who violates this provision is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
S.C. Code Ann. § 63-15-322 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-322
SECTION 63-15-322. Request for hearing in another state; preservation of records.
Status: in_force

(A) A court of this State may request the appropriate court of another state to: (1) hold an evidentiary hearing; (2) order a person to produce or give evidence pursuant to procedures of that state; (3) order that an evaluation be made with respect to the custody of a child involved in a pending proceeding; (4) forward to the court of this State a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and (5) order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child. (B) Upon request of a court of another state, a court of this State may hold a hearing or enter an order described in subsection (A). (C) Travel and other necessary and reasonable expenses incurred under subsections (A) and (B) may be assessed against the parties according to the law of this State. (D) A court of this State shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains eighteen years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
S.C. Code Ann. § 63-19-1440 — SC Code / Title 63 / Chapter 19 / Article 13 / Section 63-19-1440
SECTION 63-19-1440. Commitment.
Status: repealed

See Editor's Note for contingency. (A) A child, after the child's twelfth birthday and before the eighteenth birthday or while under the jurisdiction of the family court for disposition of an offense that occurred prior to the child's eighteenth birthday, may be committed to the custody of the Department of Juvenile Justice which shall arrange for placement in a suitable corrective environment. Children under the age of twelve years may be committed only to the custody of the department which shall arrange for placement in a suitable corrective environment other than institutional confinement. No child under the age of eighteen years may be committed or sentenced to any other penal or correctional institution of this State. (B) All commitments to the custody of the Department of Juvenile Justice for delinquency as opposed to the conviction of a specific crime may be made only for the reasons and in the manner prescribed in Sections 63-3-510, 63-3-520, 63-3-580, 63-3-600, 63-3-650, and this chapter, with evaluations made and proceedings conducted only by the judges authorized to order commitments in this section. When a child is committed to the custody of the department, commitment must be for an indeterminate sentence, not extending beyond the twenty-second birthday of the child unless sooner released by the department, or for a determinate commitment sentence not to exceed ninety days. (C) The court, before committing a child as a delinquent or as a part of a sentence including commitments for contempt, shall order a community evaluation or temporarily commit the child to the Department of Juvenile Justice for not more than forty-five days for evaluation. A community evaluation is equivalent to a residential evaluation, but it is not required to include all components of a residential evaluation. However, in either evaluation the department shall make a recommendation to the court on the appropriate disposition of the case and shall submit that recommendation to the court before final disposition. The department is authorized to allow any child adjudicated delinquent for a status offense, a misdemeanor offense, or violation of probation or contempt for any offense who is temporarily committed to the department's custody for a residential evaluation, to reside in that child's home or in his home community while undergoing a community evaluation, unless the committing judge finds and concludes in the order for evaluation, that a community evaluation of the child must not be conducted because the child presents an unreasonable flight or public safety risk to his home community. The court may waive in writing the evaluation of the child and proceed to issue final disposition in the case if the child: (1) has previously received a residential evaluation or a community evaluation and the evaluation is available to the court; (2) has been within the past year temporarily or finally discharged or conditionally released for parole from a correctional institution of the department, and the child's previous evaluation or other equivalent information is available to the court; or (3) receives a determinate commitment sentence not to exceed ninety days. (D) When a juvenile is adjudicated delinquent or convicted of a crime or has entered a plea of guilty or nolo contendere in a court authorized to commit to the custody of the Department of Juvenile Justice, the juvenile may be committed for an indeterminate period until the juvenile has reached age twenty-two or until sooner released by the releasing entity or released by order of a judge of the Supreme Court or the circuit court of this State, rendered at chambers or otherwise, in a proceeding in the nature of an application for a writ of habeas corpus. A juvenile who has not been paroled or otherwise released from the custody of the department by the juvenile's nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. If not sooner released by the releasing entity, the juvenile must be released by age twenty-two according to the provisions of the juvenile's commitment; however, notwithstanding the above provision, any juvenile committed as an adult offender by order of the court of general sessions must be considered for parole or other release according to the laws pertaining to release of adult offenders. (E) A juvenile committed to the Department of Juvenile Justice following an adjudication for a violent offense contained in Section 16-1-60 or for the offense of assault and battery of a high and aggravated nature, who has not been paroled or released from the custody of the department by his eighteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. A juvenile who has not been paroled or released from the custody of the department by his nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections at age nineteen. If not released sooner by the Board of Juvenile Parole, a juvenile transferred pursuant to this subsection must be released by his twenty-second birthday according to the provisions of his commitment. Notwithstanding the above provision, a juvenile committed as an adult offender by order of the court of general sessions must be considered for parole or other release according to the laws pertaining to release of adult offenders. (F) Notwithstanding subsections (A) and (E), a child may be committed to the custody of the Department of Juvenile Justice or to a secure evaluation center operated by the department for a determinate period not to exceed ninety days when: (1) the child has been adjudicated delinquent by a family court judge for a status offense, as defined in Section 63-19-20, excluding truancy, and the order acknowledges that the child has been afforded all due process rights guaranteed to a child offender; (2) the child is in contempt of court for violation of a court order to attend school or an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 63-19-20; or (3) the child is determined by the court to have violated the conditions of probation set forth by the court in an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 63-19-20 including truancy. Orders issued pursuant to this subsection must acknowledge: (a) that the child has been advised of all due process rights afforded to a child offender; and (b) that the court has received information from the appropriate state or local agency or public entity that has reviewed the facts and circumstances causing the child to be before the court. (G) A child committed under this section may not be confined with a child who has been determined by the department to be violent. (H) After having served at least two-thirds of the time ordered by a court, a child committed to the Department of Juvenile Justice for a determinate period pursuant to this section may be released by the department prior to the expiration of the determinate period for "good behavior" as determined by the department. The court, in its discretion, may state in the order that the child is not to be released prior to the expiration of the determinate period ordered by the court. (I) Juveniles detained in any temporary holding facility or juvenile detention center or who are temporarily committed for evaluation to a Department of Juvenile Justice evaluation center for the offense for which they were subsequently committed by the family court to the custody of the Department of Juvenile Justice shall receive credit toward their parole guidelines, if indeterminately sentenced, or credit toward their date of release, if determinately sentenced, for each day they are detained in or temporarily committed to any secure pre-dispositional facility, center, or program. Editor's Note 2010 Act No. 273, SECTION 7.C, provides: "Wherever in the 1976 Code of Laws reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery with intent to kill, as contained in repealed Section 16-3-620, and, except for references in Section 16-1-60 and Section 17-25-45, wherever in the 1976 Code reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29." 2016 Act No. 268, SECTION 12, provides as follows: "SECTION 12. Section 10 of this act takes effect upon approval by the Governor. Sections 1 through 9 and Section 11 of this act take effect on July 1, 2019, contingent upon the Department of Juvenile Justice having received any funds that may be necessary for implementation. If the report submitted to the General Assembly on September 1, 2017, reflects any additional funds needed by the Department of Juvenile Justice to ensure implementation will be possible on July 1, 2019, the department shall include these funds in its budget requests to the General Assembly as part of Fiscal Years 2017-2018 and 2018-2019. Beginning on September 1, 2017, all state and local agencies and courts involved with the implementation of the provisions of this act may begin undertaking and executing any and all applicable responsibilities so that the provisions of this act may be fully implemented on July 1, 2019." Effect of Amendment The 2012 amendment rewrote subsection (C). 2016 Act No. 268, SECTION 7, in (A), twice substituted "eighteenth birthday" for "seventeenth birthday", and substituted "eighteen years" for "seventeen years"; in (B), substituted "twenty-second birthday" for "twenty-first birthday"; in (D), twice substituted "age twenty-two" for "age twenty-one"; and in (E), substituted "eighteenth birthday" for "seventeenth birthday" and "twenty-second birthday" for "twenty-first birthday".
S.C. Code Ann. § 63-13-70 — SC Code / Title 63 / Chapter 13 / Article 1 / Section 63-13-70
SECTION 63-13-70. Register required.
Status: in_force

Every childcare center or group childcare home shall maintain a register setting forth essential facts concerning each child enrolled under the age of eighteen years.
S.C. Code Ann. § 63-17-3955 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3955
SECTION 63-17-3955. Foreign support agreement.
Status: in_force

(A) Except as otherwise provided in subsections (C) and (D), a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State. (B) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by: (1) a complete text of the foreign support agreement; and (2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country. (C) A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy. (D) In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds: (1) recognition and enforcement of the agreement is manifestly incompatible with public policy; (2) the agreement was obtained by fraud or falsification; (3) the agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state, or a foreign country if the support order is entitled to recognition and enforcement under this article in this State; or (4) the record submitted under subsection (B) lacks authenticity or integrity. (E) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
S.C. Code Ann. § 63-9-50 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-50
SECTION 63-9-50. Children who may be adopted.
Status: in_force

Any child present within this State at the time the petition for adoption is filed, irrespective of place of birth or place of residence, may be adopted.
S.C. Code Ann. § 63-15-528 — SC Code / Title 63 / Chapter 15 / Article 5 / Section 63-15-528
SECTION 63-15-528. Testimony by electronic means.
Status: in_force

In a proceeding brought pursuant to this subarticle, a party or witness who is not reasonably available to appear personally may appear and provide testimony and present evidence by electronic means unless the court finds good cause to require a personal appearance.
S.C. Code Ann. § 63-11-1725 — SC Code / Title 63 / Chapter 11 / Article 17 / Section 63-11-1725
SECTION 63-11-1725. Advisory council.
Status: repealed

(A) For the purposes of this article, "advisory council" means the South Carolina Advisory Council established by Executive Order Number 2010-06 in compliance with the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Section 9837b, et seq. (B) The membership of the advisory council is composed of the membership of the Board of Trustees of the South Carolina First Steps to School Readiness Initiative. Each voting and nonvoting member shall serve as a voting member of the South Carolina Advisory Council, concurrent with his service on the board. In addition, two executive directors from local First Steps Partnerships must serve as voting members on the advisory council with one appointed by the House Education and Public Works Committee and one appointed by the Senate Education Committee. (C) The advisory council is an entity distinct from the Board of Trustees and must act accordingly to fulfill its responsibilities under 42 U.S.C. Section 9837b(b)(1)(D)(i) of the Improving Head Start for School Readiness Act of 2007. The advisory council shall keep separate minutes that explicitly distinguish its actions and votes from those made when acting in the capacity of the board of trustees. The advisory council must officially adjourn before acting as the board of trustees, and the board of trustees shall adjourn before acting as the advisory council. (D) The State Director of First Steps shall coordinate the activities of the advisory council. Pursuant to 42 U.S.C. Section 9837(b)(1)(D)(i), the advisory council shall: (1) conduct a periodic statewide needs assessment concerning the quality and availability of early childhood education and development programs and services for children from birth to the age of school entry, including an assessment of the availability of high-quality prekindergarten services for low income children in the State; (2) identify opportunities for, and barriers to, collaboration and coordination among federally funded and state-funded child development, child care, and early childhood education programs and services, including collaboration and coordination among state agencies responsible for administering these programs; (3) develop recommendations for increasing the overall participation of children in existing federal, state, and local child care and early childhood education programs, including outreach to underrepresented and special populations; (4) develop, maintain, and serve as the governing body for a unified and integrated data collection system, implement sound data governance policies that protect privacy, and maintain a comprehensive infrastructure for integrated, and when applicable, longitudinal data for public early childhood education and development programs, and services, and state, local, and federal funding sources throughout the State; (5) develop and maintain parent knowledge-building activities, including web-based portals to inform parents of all publicly funded early childhood programs and services which include, but are not limited to, an eligibility screener and common application; (6) develop recommendations regarding statewide professional development and career advancement plans for early childhood educators in the State; (7) assess the capacity and effectiveness of two-year and four-year public and private institutions of higher education in the State for supporting the development of early childhood educators, including the extent to which these institutions have in place articulation agreements, professional development and career advancement plans, and practice or internships for students to spend time in a Head Start or prekindergarten program; (8) prepare an overall strategic plan at least once every five years that establishes clearly defined goals, objectives, strategies, and key measures of progress for optimizing the state's early childhood system. Following creation of such plan, the council shall periodically review the implementation of the plan and review any changes in the state's needs; (9) make recommendations for improvements in state early learning standards and undertake efforts to develop high-quality comprehensive early learning standards, as appropriate; (10) develop and publish, using available demographic data, an indicators-based measure of school readiness at the state and community level; (11) incorporate, within the periodic statewide needs assessments required in 42 U.S.C. Section 9837b, any data related to the capacity and efforts of private sector providers, Head Start providers, and local school districts to serve children from birth to age five, including fiscal, enrollment, and capacity data; and (12) perform all other functions, as permitted under federal and state law, to improve coordination and delivery of early childhood education and development to children in this State. (E) The advisory council shall designate a meeting as its annual meeting. All of the chief executive officers of the state agencies represented on the Early Childhood Advisory Council must attend the annual meeting in person. (F) The advisory council shall prepare an annual report of its activities for presentation to the Governor and General Assembly. Editor's Note 2018 Act No. 152, SECTION 8, provides as follows: "SECTION 8. Section 20B. of Act 287 of 2014 [reauthorizing the South Carolina First Steps to School Readiness Act until July 1, 2016] is repealed. Act 99 of 1999, South Carolina First Steps to School Readiness Act, as amended by this act, is reauthorized until June 30, 2025." Effect of Amendment 2023 Act No. 81, SECTION 6, in (B), in the first sentence, deleted "exclusively" following "advisory council is", and added the third sentence. 2023 Act No. 81, SECTION 7, rewrote (D).
S.C. Code Ann. § 63-13-100 — SC Code / Title 63 / Chapter 13 / Article 1 / Section 63-13-100
SECTION 63-13-100. Provisional licensure, approval, and registration.
Status: in_force

(A) The department has power to issue a provisional registration, provisional license, or provisional approval only when the department is satisfied that: (1) the regulations can and will be met within a reasonable time; and (2) the deviations do not seriously threaten the health or safety of the children. A provisional registration, provisional license, or provisional approval, may be extended for a period as may be determined by the department. (B) Except as noted in subsection (C) of this section, no provisional license or provisional approval may be issued effective for any longer than one year. (C) Any facility granted a license or exempt from obtaining a license under the act previously in effect in this State and which does not qualify for a regular license under this chapter must be granted a provisional license in accord with subsection a. of this section. The provisional license may be issued without regard to the time limit of subsection (B) of this section. No provisional license issued under subsection (C) is effective, either by its initial issue or by renewal, for a period greater than three years.
S.C. Code Ann. § 63-9-1790 — SC Code / Title 63 / Chapter 9 / Article 7 / Section 63-9-1790
SECTION 63-9-1790. Review of decisions.
Status: in_force

A decision concerning supplemental benefits by the department which the adoptive parents consider adverse to the child is reviewable according to department regulations.
S.C. Code Ann. § 63-7-2320 — SC Code / Title 63 / Chapter 7 / Article 5 / Section 63-7-2320
SECTION 63-7-2320. Kinship Foster Care Program.
Status: in_force

(A) As used in this section, unless the context otherwise requires: (1) "Department" means the Department of Social Services. (2) "Foster parent" means any person with whom a child in the care, custody, or guardianship of the department is placed for temporary or long-term care. (3) "Fictive kin" means an individual who is not related by birth, adoption, or marriage to a child but who has an emotionally significant relationship with the child or the child's family. (B) There is established a "Kinship Foster Care Program" in the State Department of Social Services. (C) When a child has been removed from his home and is in the care, custody, or guardianship of the department, the department shall attempt to identify a relative or fictive kin who would be appropriate for placement of the child in accordance with the preliminary investigation requirements of subarticle 3, Article 3 and in accordance with Section 63-7-1680(E)(1). If the department determines that it is in the best interest of a child requiring out-of-home placement that the child be placed with a relative or fictive kin for foster care, or if a relative or fictive kin advises the department that the relative or fictive kin is interested in providing placement for a child requiring foster care, and the relative or fictive kin is not already licensed to provide foster care, the department shall inform the relative or fictive kin of the procedures for being licensed as a kinship foster parent, assist the foster parent with the licensing process, and inform the relative or fictive kin of availability of payments and other services to kinship foster parents. If the relative or fictive kin is licensed by the department to provide kinship foster care services, in accordance with rules and regulations adopted by the department regarding kinship foster care, and a placement with the relative or fictive kin is made, the relative or fictive kin may receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in services. (D) The department shall establish, in accordance with this section and the rules and regulations promulgated hereunder, eligibility standards for becoming a kinship foster parent. (1) A person may be eligible for licensure as a kinship foster parent if he is: (a) a relative within the first, second, or third degree to the parent or stepparent of a child who may be related through blood, marriage, or adoption; or (b) a person who has been identified by the department as fictive kin. (2) The kinship foster parent must be twenty-one years of age or older, except that if the spouse or partner of the relative or fictive kin is twenty-one years of age or older and living in the home, and the relative or fictive kin is between eighteen and twenty-one years of age, the department may waive the age requirement. (3)(a) A person may become a kinship foster parent only upon the completion of a full kinship foster care licensing study performed in accordance with rules and regulations promulgated pursuant to this section. Residents of the household who are eighteen years of age or older must undergo the state and federal fingerprint review procedures as provided for in Section 63-7-2340. The department shall apply the screening criteria in Section 63-7-2350 to the results of the fingerprint reviews and the licensing study. (b) The department shall maintain the confidentiality of the results of fingerprint reviews as provided for in state and federal regulations. (4) Notwithstanding the requirement that a relative or fictive kin licensed as a kinship foster parent must be licensed in accordance with the same requirements as nonrelative applicants, the department may waive, on a case-by-case basis, for relative or fictive kin applicants nonsafety elements as the department deems appropriate. Safety elements, such as criminal and child abuse and neglect background checks required by Title IV-E of the Social Security Act, 42 U.S.C. Section 671(a)(20)(A), may not be waived. The department may not license a relative or fictive kin as a kinship foster parent or place the child with the relative or fictive kin if the placement would violate any provision of Section 63-7-2350. The department shall note on the standard license if there was a waiver of a nonsafety element and identify the element being waived. (5) The department shall determine, after a thorough review of information obtained in the kinship foster care licensing process, whether the person is able to care effectively for the foster child. The review must take into consideration the parental preference and the preference for placement with a relative or fictive kin who is known to the child and who has a constructive and caring relationship with the child, as provided in Section 63-7-1680(E)(1). The review also must take into consideration the preference for the placement with a relative or fictive kin who, but for the removal of the child at birth, would have had a constructive and caring relationship with the child, based on the relative's or fictive kin's fitness and ability to care for the child. (E)(1) The department shall involve the kinship foster parents in development of the child's permanent plan pursuant to Section 63-7-1700 and other plans for services to the child and the kinship foster home. The department shall give notice of proceedings and information to the kinship foster parent as provided for elsewhere in this chapter for other foster parents. If planning for the child includes the use of childcare, the department shall pay for childcare arrangements, according to established criteria for payment of these services for foster children. If the permanent plan for the child involves requesting the court to grant custody or guardianship of the child to the kinship foster parent, the department must ensure that it has informed the kinship foster parent about adoption, including services and financial benefits that might be available. (2) The kinship foster parent shall cooperate with any activities specified in the case plan for the foster child, such as counseling, therapy or court sessions, or visits with the foster child's parents or other family members. Kinship foster parents and placements made in kinship foster care homes are subject to the requirements of Section 63-7-2310. (F)(1) If a relative or fictive kin is not licensed as a kinship foster parent, then the department may still place the child with the relative or fictive kin notwithstanding the licensure requirement contained in this section if: (a) the relative or fictive kin begins the kinship foster parent licensure process within a reasonable time after the placement of the child; and (b)(i) the child has been removed from his home and is in the care, custody, or guardianship of the department, as provided in subsection (C), and the department determines that it is in the best interest of the child to be placed with a relative or fictive kin for foster care; or (ii) a relative or fictive kin advises the department that the relative or fictive kin is interested in providing placement for the child requiring foster care. (2) During the licensure process, a relative or fictive kin with whom a child has been placed pursuant to item (1) and who has begun the kinship licensure process shall have the same legal status and access to services as a licensed kinship foster care provider including, but not limited to, the availability of payments and other services. Effect of Amendment 2018 Act No. 146, SECTION 3, in (C), in the first sentence, substituted "Section 63-7-1680(E)(1)" for "Section 63-7-1680(B)(6)"; and in (D), inserted (4), redesignated former (4) as (5), and in (5), added the second and third sentences. 2022 Act No. 168, SECTION 1, rewrote the section, providing that fictive kin are eligible to be foster parents under the Kinship Foster Care Program.
S.C. Code Ann. § 63-15-380 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-380
SECTION 63-15-380. Assistance of law enforcement.
Status: in_force

At the request of a prosecutor acting under Section 63-15-378, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor with responsibilities under Section 63-15-378.
S.C. Code Ann. § 63-19-1620 — SC Code / Title 63 / Chapter 19 / Article 15 / Section 63-19-1620
SECTION 63-19-1620. Further care; education.
Status: in_force

From the time of the lawful reception of a child into custody by the department and during the period of the custody, the department shall provide for, either solely or in cooperation with other agencies, the care, custody, and control of the child, as well as make available instruction as may be suited to the child's years and capacity that will enable the child to learn a useful trade.
S.C. Code Ann. § 63-9-1700 — SC Code / Title 63 / Chapter 9 / Article 7 / Section 63-9-1700
SECTION 63-9-1700. Short title.
Status: in_force

This article may be cited as the "South Carolina Adoption Supplemental Benefits Act".
S.C. Code Ann. § 63-7-315 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-315
SECTION 63-7-315. Civil action created for wrongful termination based on employee having reported child abuse or neglect.
Status: in_force

(A) An employer must not dismiss, demote, suspend, or otherwise discipline or discriminate against an employee who is required or permitted to report child abuse or neglect pursuant to Section 63-7-310 based on the fact that the employee has made a report of child abuse or neglect. (B) An employee who is adversely affected by conduct that is in violation of subsection (A) may bring a civil action for reinstatement and back pay. An action brought pursuant to this subsection may be commenced against an employer, including the State, a political subdivision of the State, and an office, department, independent agency, authority, institution, association, or other body in state government. An action brought pursuant to this subsection must be commenced within three years of the date the adverse personnel action occurred. (C) In an action brought pursuant to subsection (B), the court may award reasonable attorney's fees to the prevailing party; however, in order for the employer to receive reasonable attorney's fees pursuant to this subsection, the court must make a finding pursuant to Section 63-7-2000 that: (1) the employee made a report of suspected child abuse or neglect maliciously or in bad faith; or (2) the employee is guilty of making a false report of suspected child abuse or neglect pursuant to Section 63-7-440.
S.C. Code Ann. § 63-15-40 — SC Code / Title 63 / Chapter 15 / Article 1 / Section 63-15-40
SECTION 63-15-40. Consideration of domestic violence.
Status: in_force

(A) In making a decision regarding custody of a minor child, in addition to other existing factors specified by law, the court must give weight to evidence of domestic violence as defined in Section 16-25-20 or Section 16-25-65 including, but not limited to: (1) physical or sexual abuse; and (2) if appropriate, evidence of which party was the primary aggressor, as defined in Section 16-25-70. (B) The absence or relocation from the home by a person, against whom an act of domestic violence has been perpetrated, if that person is not the primary aggressor, must not be considered by the court to be sufficient cause, absent other factors, to deny custody of the minor child to that person.
S.C. Code Ann. § 63-7-450 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-450
SECTION 63-7-450. Department of Social Services to provide information to public.
Status: in_force

(A) The Department of Social Services Protective Services shall inform all persons required to report pursuant to Section 63-7-310(A) of the nature, problem, and extent of child abuse and neglect and of their duties and responsibilities in accordance with this article. The department also, on a continuing basis, shall conduct training programs for department staff and appropriate training for persons required to report pursuant to Section 63-7-310(A). (B) The department, on a continuing basis, shall inform the public of the nature, problem, and extent of the child abuse and neglect and of the remedial and therapeutic services available to children and their families. The department shall encourage families to seek help consistent with Section 63-7-30. (C) The department, on a continuing basis, shall actively publicize the appropriate telephone numbers to receive reports of suspected child abuse and neglect, including the twenty-four hour, statewide, toll-free telephone service and respective numbers of the county department offices. Effect of Amendment 2018 Act No. 222, SECTION 2, in (A), substituted "pursuant to Section 63-7-310(A)" for "under this subarticle" in two places.
S.C. Code Ann. § 63-11-1320 — SC Code / Title 63 / Chapter 11 / Article 13 / Section 63-11-1320
SECTION 63-11-1320. Clients.
Status: in_force

(A)(1) The Continuum of Care serves children: (a) who have been diagnosed as severely emotionally disturbed; (b) who have exhausted existing available treatment resources or services; (c) whose severity of emotional, mental, or behavioral disturbance requires a comprehensive and organized system of care. (2) Priority in the selection of clients must be based on criteria to be established by the Continuum of Care. (B) Before a court refers a child to the Continuum of Care, it must be given the opportunity to evaluate the child and make a recommendation to the court regarding: (1) the child's suitability for placement with the Continuum of Care pursuant to the provisions of this article, related regulations, and policies and procedures of administration and operation; (2) the agencies which offer services most appropriate to meet the child's needs and the proportionate share of the costs among the agencies to meet those needs; (3) the necessity of obtaining other services for the child if the services provided in item (2) are not available through the existing service delivery system.
S.C. Code Ann. § 63-13-190 — SC Code / Title 63 / Chapter 13 / Article 1 / Section 63-13-190
SECTION 63-13-190. Fingerprint-based background checks of Department of Social Services personnel.
Status: in_force

(A)(1) Before the Department of Social Services employs a person in its childcare licensing or child protective services divisions, the person shall undergo a state fingerprint-based background check to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint-based background check to be conducted by the Federal Bureau of Investigation to determine any other criminal history. No person may be employed in these divisions if the person has been convicted of or pled guilty or nolo contendere to any crime listed in Section 63-13-40(A). (2) A volunteer or an employee of a contractor or subcontractor who contracts for delivery of protective services, family preservation services, foster care services, family reunification services, adoption services, and other related services or programs or a person who has direct unsupervised contact with a child in the custody of the Department of Social Services shall undergo a state fingerprint-based background check to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint-based background check to be conducted by the Federal Bureau of Investigation to determine any other criminal history. No person may be employed by a contractor or a subcontractor, act in a volunteer capacity, or have access to a child in the custody of the department if the person has been convicted of or pled guilty or nolo contendere to any crime listed in Section 63-13-40(A). (3) Persons in subsection (A)(1) and (2) shall also submit to a Central Registry check to be conducted by the department to determine any abuse or neglect perpetrated by the person upon a child, and a search of the state sex offender registry pursuant to Section 23-3-430. (4) This section does not prohibit employment when a conviction or plea of guilty or nolo contendere for one of the crimes listed has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited for employment. (B) Notwithstanding subsection (A) or any other provision of law, a person may be provisionally employed in the childcare licensing or child protective services divisions upon receipt and review of the results of the State Law Enforcement Division fingerprint-based background check if the results show no convictions of the crimes referenced in subsection (A). Pending receipt of the results of the Federal Bureau of Investigation fingerprint-based background check, the department must obtain from the prospective employee a written affirmation on a form provided by the department that the employee has not been convicted of any crime referenced in Section 63-13-40. (C) A person who has been convicted of a crime referenced in subsection (A) who applies for employment with the childcare licensing or child protective services divisions, or with a contractor or subcontractor of DSS, or applies or seeks to act in a volunteer capacity for such entities, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both. (D) The South Carolina Law Enforcement Division and the Federal Bureau of Investigation are authorized to retain and store fingerprints for further use in the identification of persons including, but not limited to, use in identifying unsolved latent prints. The South Carolina Law Enforcement Division and the Federal Bureau of Investigation are authorized to provide the department with current and future information regarding the fingerprints stored, including arrests, convictions, dispositions, warrants, and other information available to the South Carolina Law Enforcement Division and the Federal Bureau of Investigation, such as civil and criminal information. (E) The department shall be responsible for the costs of background checks for prospective employees of the childcare licensing and child protective services divisions. The costs for other fingerprints required under this section shall be the responsibility of the individual, contractor, or subcontractor. Fees shall not exceed the actual cost of processing and administration. Effect of Amendment 2024 Act No. 195, SECTION 8, rewrote the section.
S.C. Code Ann. § 63-5-615 — SC Code / Title 63 / Chapter 5 / Article 6 / Section 63-5-615
SECTION 63-5-615. Nomination of custodian.
Status: in_force

(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for ______________ (name of minor) under the South Carolina Uniform Transfers to Minors Act". The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights. (b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under Section 63-5-645(a). (c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under Section 63-5-645. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to Section 63-5-645.
S.C. Code Ann. § 63-9-70 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-70
SECTION 63-9-70. Advertising prohibited to place or accept child for adoption; exception; penalties.
Status: in_force

(A) No person or entity other than the Department of Social Services, a child placing agency licensed in this State, or an attorney licensed in this State may advertise that the person or entity will place or accept a child for adoption. (B) Notwithstanding the provisions of subsection (A), a person is not prohibited from advertising that the person desires to adopt if the person has a current preplacement home investigation finding that the person is suitable to be an adoptive parent. (C)(1) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both. (2) The family court shall enjoin a person or entity from violating a provision of this section. (D) For purposes of this section, "advertise" means to communicate by newspaper, radio, television, hand bills, placards or other print, broadcast or electronic medium that originates within this State.
S.C. Code Ann. § 63-19-380 — SC Code / Title 63 / Chapter 19 / Article 3 / Section 63-19-380
SECTION 63-19-380. Special school district designation.
Status: in_force

(A) The Department of Juvenile Justice is designated as a special school district which shall operate a continuous progress education program on a twelve-month basis. There is created within the department the Education Division which shall provide academic and vocational training at the Reception and Evaluation Center, Birchwood High School, Willow Lane Junior High School, and all other institutions operating under the department. Academic and vocational training provided pursuant to this section shall meet all educational standards prescribed by law and by the Department of Education for public schools of the State including, but not limited to, compliance with and operation under the provisions of the Education Finance Act, the Defined Minimum Program, teacher and superintendent certification laws and regulations, and other laws or regulations governing the education of children. The department may prescribe additional requirements as it may from time to time deem necessary. (B) The State Superintendent of Education shall administer the standards related to the school programs. Reports from the Department of Education evaluating the educational program at all juvenile corrections institutions and indicating whether or not the program meets the standards as prescribed, must be made directly to the director. Department of Education supervisory personnel as considered appropriate must be utilized for evaluating the programs and for reporting to the director. (C) Schools operated by the department shall receive funds from the Department of Education under the same provisions as other public schools in the State. Funds previously received by the Department of Juvenile Justice from the South Carolina Department of Education for programs now being consolidated under the Education Finance Act shall be disbursed to the Department of Juvenile Justice by the Department of Education from the appropriation provided in the annual general appropriations act and entitled "Education Finance Act". The amount to be disbursed to the Department of Juvenile Justice must be sufficient to produce funds equal to the product of the number of students served by the Department of Juvenile Justice weighted according to the criteria established by the South Carolina Department of Education under the provisions of the Education Finance Act and the state portion of the appropriated value statewide of the base student cost, adjusted for operation of the department's twelve-month continuous progress education program using a base of two hundred thirty-five instructional days instead of one hundred ninety instructional days. The amount includes, but is not limited to, all funding for teacher salary supplements, instructional purposes, or any other funds disbursed to the Department of Juvenile Justice school district's twelve-month continuous progress educational program. The Department of Juvenile Justice shall comply with the provisions of subsection (4) of Section 59-20-50 and subsections (1), (2), (3)(a), (4)(b), (c), (d), (e), and (f) of Section 59-20-60. The South Carolina Department of Education annually shall determine that these provisions are being met and include its findings in the report mandated in subsection (5)(e) of Section 59-20-60. If the accreditation standards set forth in the Defined Minimum Program for the Department of Juvenile Justice as approved by the State Board of Education are not met, funds by this section shall be reduced the following fiscal year according to the provisions set forth in the Education Finance Act. (D) The director shall operate as the trustee for schools under the department's jurisdiction for all administrative purposes, including the receipt and expenditure of funds appropriated or granted to the schools for any purpose. The director shall employ a full-time superintendent of schools for the special school district. The superintendent shall hold a valid superintendent's certificate from the Department of Education and shall serve as the head of the Education Division. (E) In lieu of classification by the Division of State Personnel, the employment status of the superintendent of schools for the department and all instructional personnel operating under the Education Division of the department must be governed by the laws of the State regarding employment of instructional personnel and regulations of the Department of Education.