S.C. Code Ann. § 63-9-330 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-330
SECTION 63-9-330. Form and content of consent and relinquishment.
Status: in_force

(A) Consent or relinquishment for the purpose of adoption, pursuant to Section 63-9-310, must be made by a sworn document, signed by the person or the head of the agency giving consent or relinquishment after the birth of the adoptee, and must specify the following: (1) the permanent address of the person or agency making the sworn written statement; (2) the date, time, and place of the signing of the statement; (3) the date of birth, race, and sex of the adoptee and any names by which the adoptee has been known; (4) the relationship of the adoptee to the person or agency giving consent or relinquishment; (5) the name and address of the adoptee's mother or father; (6) that the consent or relinquishment by the person or agency forfeits all rights and obligations of the person or agency with respect to the named adoptee, including any future child support obligation. Giving consent or relinquishment does not relieve a person from the obligation to pay a child support arrearage unless approved by the court; (7) that consent or relinquishment once given must not be withdrawn except by order of the court upon a finding that it is in the best interests of the child, and that the consent or relinquishment was not given voluntarily or was obtained under duress or through coercion; and that the entry of the final decree of adoption renders any consent or relinquishment irrevocable; (8) that the person or agency giving the consent or relinquishment understands that consent or relinquishment must not be given if psychological or legal advice, guidance, or counseling is needed or desired and that none is needed or desired; (9) that the person or agency giving the consent or relinquishment waives further notice of the adoption proceedings, unless the proceedings are contested by another person or agency; (10) that the person or agency giving the consent or relinquishment is doing so voluntarily, and the consent or relinquishment is not being obtained under duress or through coercion; and (11) that the person or agency giving the consent or relinquishment has received a copy of the document. (B) When a child placing agency accepts a relinquishment for the purpose of adoption, which gives the agency the right to consent to an adoption of the child, and which contains the information required in subsection (A) of this section, the consent of the agency for the purpose of adoption is not required to meet the requirements of subsection (A). However, the sworn document relinquishing the child must be filed with the court pursuant to subsection (C) of Section 63-9-710.
S.C. Code Ann. § 63-15-318 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-318
SECTION 63-15-318. Communication with out-of-state courts.
Status: in_force

(A) A court of this State may communicate with a court in another state concerning a proceeding arising under this article. (B) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. (C) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication. (D) Except as otherwise provided in subsection (C), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record. (E) For the purposes of this section, "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.
S.C. Code Ann. § 63-7-1705 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1705
SECTION 63-7-1705. Legal guardianship proceedings.
Status: in_force

(A) Upon motion by the department or any party in interest at any hearing held pursuant to this article, the court may establish legal guardianship with supplemental benefits. (1) The department or any party in interest may request that the court establish legal guardianship with supplemental benefits by filing and service of a motion setting forth: (a) the following case plan requirements: (i) how the child meets the eligibility requirements for legal guardianship with supplemental benefits; (ii) the steps the department has taken to determine that the child's return home and termination of parental rights and adoption are not appropriate; (iii) the department's efforts to discuss adoption with the relative or fictive kin, and the reasons why adoption is not an option; (iv) the department's efforts to discuss legal guardianship with supplemental benefits with the child's parents or reason why efforts were not made; (v) the reason why legal guardianship and receipt of supplemental benefits is in the child's best interests; (vi) 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; (vii) if the child is fourteen years or older, that the child has been consulted regarding the legal guardianship arrangement; and (viii) that the relative or fictive kin meets all requirements for licensure as a kinship foster parent; (b) the movant's intention to join as a party to the action, a successor legal guardian who is identified in the legal guardianship with supplemental benefits agreement. (B) The motion must be filed with the court and served on: (1) the department, unless the department is the moving party; (2) the child, if the child is fourteen years of age or older; (3) the child's guardian ad litem; (4) the child's parents; (5) the relative or fictive kin; and (6) the prospective successor legal guardian. (C) The court shall order legal guardianship with supplemental benefits upon finding by a preponderance of evidence that the department has entered a written agreement with a relative or fictive kin for legal guardianship with supplemental benefits and that placement is in the child's best interests. The court shall issue a separate order establishing that the relative or fictive kin is the child's legal guardian, and the court shall specify in its order: (1) return home and adoption are not in the child's best interests; (2) the relative or fictive kin commits to providing the child permanency and stability until the child reaches age eighteen and to preparing the child for adulthood and independence; (3) the child has resided in the home of the relative or fictive kin for six consecutive months, during which the child was in the legal custody of the department, and the relative was licensed as a kinship foster parent; (4) the child and the relative share a strong attachment; (5) the duties, rights, and responsibilities of the relative or fictive kin to the child; (6) the child meets eligibility requirements for supplemental benefits; (7) the date on which the department and the relative or fictive kin entered a written agreement for supplemental legal guardianship benefits; (8) an adult who shall become the successor legal guardian and who is bound by the duties, rights, and responsibilities of the legal guardian stated in the order in the event of the death or incapacity of the legal guardian; (9) that the relative, fictive kin, and the adult identified as the successor legal guardian received a copy of the supplemental legal guardianship benefits agreement; and (10) the court's order shall further specify: (a) the frequency and nature of any parental or sibling visitation; (b) the frequency and nature of any parental contact; (c) the effect the order has on other parental rights and responsibilities, including inheritance, child support, and medical decisions; and (d) that the legal guardian is prohibited from returning the child to the care, custody, and control of the child's parents, except upon issuance of a court order finding clear and convincing evidence that there has been a material change in circumstances.
S.C. Code Ann. § 63-9-340 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-340
SECTION 63-9-340. Signing consent and relinquishment.
Status: in_force

(A) The sworn document provided for in Section 63-9-330, which gives consent or relinquishment for the purpose of adoption, must be signed in the presence of two witnesses one of whom must be one of the following: (1) a judge of any family court in this State; (2) an attorney licensed to practice law in South Carolina who does not represent the prospective adoption petitioners; (3) a person certified by the State Department of Social Services, pursuant to Section 63-9-360, to obtain consents or relinquishments; (4) when the consent or relinquishment is obtained outside of this State, by an attorney licensed to practice law in that state, by a person designated by an agency of that state, by a person or agency authorized by that state's law to obtain consents or relinquishments or to conduct investigations for adoptions, or by a qualified resident of that state authorized by a South Carolina family court. When a consent or relinquishment is obtained outside of this State, it may be accepted as valid in this State, provided the court determines: (a) the consent or relinquishment complies with the laws of the state where it is obtained; and (b) the relinquishing party or agency is domiciled in that state at the time of the signing of the consent or relinquishment; or (c) the content of the consent or relinquishment is in substantial compliance with the intent of Section 63-9-330(A). (B) The persons who witness the signing of the sworn document, as provided for in subsection (A) of this section shall attach to the document written certification signed by each witness that before the signing of the document, the provisions of the document were discussed with the person giving consent or relinquishment, and that based on this discussion, it is each witness' opinion that consent or relinquishment is being given voluntarily and that it is not being obtained under duress or through coercion. (C) A copy of the document must be delivered to the person giving the consent or relinquishment at the time of the signing of the document.
S.C. Code Ann. § 63-19-1840 — SC Code / Title 63 / Chapter 19 / Article 17 / Section 63-19-1840
SECTION 63-19-1840. Aftercare investigations.
Status: in_force

(A) The department shall conduct aftercare investigations to determine suitable placement for juveniles considered for conditional release from the correctional schools. The department also shall supervise the aftercare program, making revocation investigations and submitting findings to the releasing entity. (B) The director and such staff as the director shall designate in the performance of their duties of investigation, counseling and supervision, and revocation investigations are considered official representatives of the releasing entity. (C) The directors and their staff are subject to the regulations for parole and parole revocation promulgated by the releasing entity and shall meet with the releasing entity at its meetings when requested. Community-based counselors, or their supervisors, with assigned clients committed to institutions of the department shall periodically visit the institutions in order to counsel their clients and accomplish the duties as outlined in this subarticle. (D) Recognizing the need to maintain autonomy and to provide a check and balance system, the parole board shall employ a director of parole and other staff necessary to carry out the duties of parole examinations, victim liaison, and revocation hearings. The director serves at the will and pleasure of the parole board. All staff are employees of the parole board and are directly responsible to the parole board both administratively and operationally. Funds allocated for the functions designated in this section must be incorporated as a line item within the department's budget and are subject to administrative control by the parole board. (E) The department shall continue to provide the budgetary, fiscal, personnel, and training information resources and other support considered necessary by the parole board to perform its mandated functions.
S.C. Code Ann. § 63-15-410 — SC Code / Title 63 / Chapter 15 / Article 4 / Section 63-15-410
SECTION 63-15-410. Adoption petitions not to be denied solely because of person's blindness.
Status: in_force

(A) When the Department of Social Services, a guardian, or a child placement agency considers an adoption petition, the department, guardian, or child placement agency may not deny the petition solely because the petitioner is blind. (B) In making a determination of adoption where the petitioner is blind, the court may not deny the petition solely because the petitioner is blind. The blindness of the petitioner only must be used to determine whether or not granting the adoption would be in the best interest of the child.
S.C. Code Ann. § 63-5-601 — SC Code / Title 63 / Chapter 5 / Article 6 / Section 63-5-601
SECTION 63-5-601. Short title.
Status: in_force

This act shall be known and may be cited as the "South Carolina Uniform Transfers to Minors Act".
S.C. Code Ann. § 63-17-1910 — SC Code / Title 63 / Chapter 17 / Article 13 / Section 63-17-1910
SECTION 63-17-1910. Voluntary income withholding.
Status: in_force

Any person who is the obligor on a support order of another jurisdiction may obtain voluntary income withholding by filing with the clerk of court a request for withholding and a certified copy of the support order of a sister state. The clerk of court shall issue a notice to withhold under Section 63-17-1450(B). Payment must be made to the State Disbursement Unit. Editor's Note The State Disbursement Unit is to be implemented in accordance with Section 63-17-610. See 2008 Act No. 332, SECTION 8 referencing this section as enacted in Chapter 7 of Title 20.
S.C. Code Ann. § 63-15-518 — SC Code / Title 63 / Chapter 15 / Article 5 / Section 63-15-518
SECTION 63-15-518. Modification of agreement.
Status: in_force

(A) The parents may modify an agreement regarding custodial responsibility made pursuant to this article by mutual consent. (B) If an agreement under subsection (A) is modified before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement. (C) If an agreement under subsection (A) is modified during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
S.C. Code Ann. § 63-9-1770 — SC Code / Title 63 / Chapter 9 / Article 7 / Section 63-9-1770
SECTION 63-9-1770. Adoptive parents; nature of supplemental benefits.
Status: in_force

(A) When the department determines that a child is eligible for supplemental benefits, a written agreement must be executed between the parents and the department. (B) In individual cases supplemental benefits may begin with the adoptive placement or at the appropriate time after the adoption decree and will vary with the needs of the child as well as the availability of other resources to meet the child's needs. (C) The supplemental benefits may be for special services only, or for money payments, and either for a limited period, for a long term, or for a combination of them. The amount of time-limited, long-term supplemental benefits may not exceed that which currently would be allowable for the child under foster family care or, in the case of a special service, the reasonable fee for the service rendered. (D) When supplemental benefits last for more than one year the adoptive parents shall certify that the child remains under the parents' care and that the child's need for supplemental benefits continues. Based on the certification and investigation by the agency and available funds, the agency may approve continued supplemental benefits. These benefits may be extended so long as the continuing need of the child is verified and the child is the legal dependent of the adoptive parents. (E) A child who is certified as eligible for supplemental benefits remains eligible and shall receive supplemental benefits, if necessary for adoption, regardless of the domicile or residence of the adopting parents at the time of application for adoption, placement, legal decree of adoption, or after adoption.
S.C. Code Ann. § 63-17-1880 — SC Code / Title 63 / Chapter 17 / Article 13 / Section 63-17-1880
SECTION 63-17-1880. Income withholding; applicability to out-of-state order.
Status: in_force

The provisions of Sections 63-17-1430, 63-17-1440, 63-17-1450, 63-17-1460, 63-17-1470(A), (C), and (D), and 63-17-1510 apply to income withholding based on a support order of another jurisdiction entered under this article and under Articles 11 and 15.
S.C. Code Ann. § 63-7-2750 — SC Code / Title 63 / Chapter 7 / Article 8 / Section 63-7-2750
SECTION 63-7-2750. Court-ordered extension of foster care; annual review of child's status; guardian ad litem.
Status: in_force

(A) A child who is in the legal custody of the department on the child's eighteenth birthday and who, due to a physical, intellectual, emotional, or psychiatric impairment, cannot execute a voluntary placement agreement in accordance with Section 63-7-2730 (B), may remain in foster care beyond the child's eighteenth birthday and until the department has coordinated appropriate services for a successful transition to adulthood. (B) Before the child's eighteenth birthday, at a hearing held pursuant to Section 63-7-700, 63-7-1660, 63-7-1680, or 63-7-1700, the court must determine that it is in the child's best interests to remain under the placement and care responsibility of the department beyond the child's eighteenth birthday due to a physical, intellectual, emotional, or psychiatric impairment and until the department has coordinated appropriate services for a successful transition to adulthood. The court shall continue to review the child's status annually pursuant to Section 63-7-1700. (C) The child's guardian ad litem shall continue to serve as outlined in Section 63-11-510. If the child's guardian ad litem cannot continue to serve, the court shall appoint a guardian ad litem to represent the child as outlined in Section 63-11-510. (D) The jurisdiction of the court continues until the court determines the department has coordinated appropriate transitional services, but in no case may the court's jurisdiction pursuant to this article exceed the child's twenty-first birthday. 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."
S.C. Code Ann. § 63-11-570 — SC Code / Title 63 / Chapter 11 / Article 5 / Section 63-11-570
SECTION 63-11-570. Funds.
Status: in_force

The General Assembly shall provide the funds necessary for the South Carolina Guardian ad Litem Program to carry out the provisions of Sections 63-11-500 through 63-11-560 and 63-7-1990(B)(5). The General Assembly shall not provide any funding for a county guardian ad litem program.
S.C. Code Ann. § 63-13-610 — SC Code / Title 63 / Chapter 13 / Article 5 / Section 63-13-610
SECTION 63-13-610. Approval required for public centers and group homes.
Status: in_force

Every operator or potential operator of a public childcare center or group childcare home must apply to the department for an investigation and a statement of standard conformity or approval, except those facilities designated in Section 63-13-20.
S.C. Code Ann. § 63-11-2230 — SC Code / Title 63 / Chapter 11 / Article 22 / Section 63-11-2230
SECTION 63-11-2230. Definitions.
Status: in_force

For purposes of this article: (1) "Critical incident" means the fatality, near fatality, or serious bodily or emotional injury of a child who is in the custody of or receiving services from a state agency, or circumstances that result in a reasonable belief that a state agency failed in its duty to protect a child, resulting in the imminent risk or suffering of serious bodily or emotional injury, or death, of a child. (2) "State agency" means an agency as provided in Section 63-11-2240(A). 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."
S.C. Code Ann. § 63-15-342 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-342
SECTION 63-15-342. Inconvenient forum.
Status: in_force

(A) A court of this State, which has jurisdiction under this article to make a child custody determination, may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court. (B) Before determining whether it is an inconvenient forum, a court of this State shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including: (1) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; (2) the length of time the child has resided outside this State; (3) the distance between the court in this State and the court in the state that would assume jurisdiction; (4) the relative financial circumstances of the parties; (5) any agreement of the parties as to which state should assume jurisdiction; (6) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child; (7) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and (8) the familiarity of the court of each state with the facts and issues in the pending litigation. (C) If a court of this State determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper. (D) A court of this State may decline to exercise its jurisdiction under this article if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
S.C. Code Ann. § 63-13-20 — SC Code / Title 63 / Chapter 13 / Article 1 / Section 63-13-20
SECTION 63-13-20. Definitions.
Status: in_force

For the purpose of this chapter: (1) "Caregiver" means any person whose duties include direct care, supervision, and guidance of children in a childcare facility. (2) "Childcare" means the care, supervision, or guidance of a child or children, unaccompanied by the parent, guardian, or custodian, on a regular basis, for periods of less than twenty-four hours per day, but more than four hours, in a place other than the child's or the children's own home or homes. (3) "Childcare center" means any facility which regularly receives thirteen or more children for childcare. (4) "Childcare facilities" means a facility which provides care, supervision, or guidance for a minor child who is not related by blood, marriage, or adoption to the owner or operator of the facility whether or not the facility is operated for profit and whether or not the facility makes a charge for services offered by it. This definition includes, but is not limited to, day nurseries, nursery schools, childcare centers, group childcare homes, and family childcare homes. The term does not include: (a) an educational facility, whether private or public, which operates solely for educational purposes in grade one or above; (b) five-year-old kindergarten programs; (c) kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age; (d) facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis as defined in this chapter while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available; however, these facilities must meet local fire and sanitation requirements and maintain documentation on these requirements on file at the facility available for public inspection; (e) school vacation or school holiday day camps for children operating in distinct sessions running less than three weeks per session unless the day camp permits children to enroll in successive sessions so that their total attendance may exceed three weeks; (f) summer resident camps for children; (g) bible schools normally conducted during vacation periods; (h) facilities for persons with intellectual disability provided for in Chapter 21, Title 44; (i) facilities for the mentally ill as provided for in Chapter 17, Title 44; (j) childcare centers and group childcare homes owned and operated by a local church congregation or an established religious denomination or a religious college or university which does not receive state or federal financial assistance for childcare services; however, these facilities must comply with the provisions of Article 9, and Sections 63-13-60 and 63-13-110 and that these facilities voluntarily may elect to become licensed according to the process as set forth in Article 3 and Sections 63-13-30, 63-13-40, 63-13-70, 63-13-80, 63-13-90, 63-13-100, 63-13-160, and 63-13-170. (5) "Childcare operator" means the person, corporation, partnership, voluntary association, or other public or private organization ultimately responsible for the overall operation of a childcare facility. (6) "Committee" means the State Advisory Committee on the Regulation of Childcare Facilities, named under this chapter to advise the department on regulatory matters related to childcare facilities. (7) "Complaint" means a written statement reporting unsatisfactory conditions in a childcare facility. (8) "Curriculum" means and includes design of courses, teaching philosophy, methods, and activities. (9) "Declaratory order" means a written statement on the part of the department approving plans for construction or renovation ensuring against the imposition of more stringent regulations at a later date. (10) "Deficiency correction notice" means a written statement on the part of the department notifying a childcare facility which is not complying with any applicable regulations to correct the deficiencies stated in the notice within a reasonable time limit. (11) "Department" means the State Department of Social Services, the agency designated to administer the regulation of childcare facilities under this chapter, with the advice of the State Advisory Committee on the Regulation of Childcare Facilities. (12) "Director" means the administrative head of the department. (13) "Family childcare home" means a facility within a residence occupied by the operator in which childcare is regularly provided for no more than six children, unattended by a parent or legal guardian, including those children living in the home and children received for childcare who are related to the resident caregiver. However, an occupied residence in which childcare is provided only for a child or children related to the resident caregiver or only for the child or children of one unrelated family or only for a combination of these children is not a family childcare home. (14) "Group childcare home" means a facility within a residence occupied by the operator which regularly provides childcare for at least seven but not more than twelve children, unattended by a parent or a legal guardian including those children living in the home and children received for childcare who are related to the resident caregiver. However, an occupied residence in which childcare is provided only for a child or children related to the resident caregiver or only for the child or children of one unrelated family or only for a combination of these children is not a group childcare home. (15) "Infant" means a child age twelve months or younger for the purposes of this chapter. (16) "Minor child" means a person who has not reached the eighteenth birthday. (17) "Private childcare facility" means a facility as defined under item b. of this section which is not a public childcare facility, and which is able to be further classified as follows: (a) "Entrepreneurial childcare facility" means a facility whose childcare operator may receive public assistance funds directly or indirectly but which is managed as a profit-making business enterprise and whose corporation or private ownership is liable for payment of federal and state income taxes on profits earned by the facility. (b) "Nonprofit childcare facility" means a facility whose childcare operator may receive public assistance funds directly or indirectly but which is operated under the tutelage and control of a nonprofit or eleemosynary corporation, foundation, association, or other organization whose ownership may or may not be liable for payment of federal and state income taxes on profits earned by the facility. (18) "Provisional approval" means a written notice issued by the department to a department, agency, or institution of the State, or a county, city, or other political subdivision approving the commencement of the operations of a public childcare center or group childcare home although the operator is temporarily unable to comply with all of the requirements for approval. (19) "Provisional license" means a license issued by the department to an operator of a private childcare center or group childcare home or a family childcare home which elects to be licensed authorizing the licensee to begin operations although the licensee temporarily is unable to comply with all of the requirements for a license. (20) "Public childcare facility" means a facility as defined under item b of this section which was created and exists by act of the State, or a county, city or other political subdivision, whose operation remains under the tutelage and control of a governmental agency. (21) "Registration" means the process whereby childcare centers and group childcare homes owned and operated by a church or a publicly recognized religious educational or religious charitable institution are regulated under this chapter and the process whereby all family childcare homes are regulated under this chapter. (22) "Regular approval" means a written notice issued by the department for a three-year period to a department, agency, or institution of the State, or a county, city, or other political subdivision, approving the operation of a public childcare center or group childcare home in accordance with the provisions of the notice, this chapter, and the regulations of the department. The department shall begin issuing the written notices for regular approval beginning with the Calendar Year 2025. (23) "Regular license" means a license issued by the department for three years to an operator of a private childcare center or group childcare home or a family childcare home which elects to be licensed showing that the licensee is in compliance with the provisions of this chapter and the regulations of the department at the time of issuance and authorizing the licensee to operate in accordance with the license, this chapter, and the regulations of the department. The department shall begin issuing the written notices for regular approval beginning with the Calendar Year 2025. (24) "Regularly, or on a regular basis": these terms refer to the frequency with which childcare services are available and provided at a facility in any one week; these terms mean the availability and provision of periods of daycare on more than two days in such week. (25) "Related" means any of the following relationships by marriage, blood, or adoption: parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, aunt, cousin of the first degree. (26) "Renewal" means in regard to childcare centers and group childcare homes, to grant an extension of a regular license or regular approval for another three-year period provided an investigation of such facilities verifies that they are in compliance with the applicable regulations, in regard to family childcare homes, to place the name of the operator on the registration list for another year provided procedures indicated in this chapter have been completed. The department shall begin issuing the written notices for regular approval beginning with the Calendar Year 2025. (27) "Revocation" means to void the regular license of a childcare center or group childcare home. (28) "Summer day camp for children" means a program offered during the summer that provides recreational activities primarily during daytime hours throughout the period of the program and may include an occasional overnight activity under the supervision of the operator. (29) "Summer resident camp for children" means a twenty-four-hour residential program offered during the summer that provides recreational activities for children. Code Commissioner's Note Pursuant to 2011 Act No. 47, SECTION 14(B), the Code Commissioner substituted "intellectual disability" for "mentally retarded" and "person with intellectual disability" or "persons with intellectual disability" for "mentally retarded". Effect of Amendment 2024 Act No. 216, SECTION 2, in (22), in the first sentence, substituted "three-year period" for "two-year period" and added the second sentence; in (23), in the first sentence, substituted "three years" for "two years" and added the second sentence; and in (26), in the first sentence, substituted "three-year period" for "two-year period" and added the second sentence.
S.C. Code Ann. § 63-17-810 — SC Code / Title 63 / Chapter 17 / Article 5 / Section 63-17-810
SECTION 63-17-810. Qualified expert; admissibility of report.
Status: in_force

The division shall appoint an expert who is qualified in examining genetic markers to conduct any genetic test. If the issue of paternity is referred to the Family Court, the expert's completed and certified report of the results and conclusions of a genetic test is admissible as evidence without additional testing or testimony. An order entered pursuant to this article establishes legal paternity for all purposes.
S.C. Code Ann. § 63-7-1430 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1430
SECTION 63-7-1430. Notice and opportunity to be heard.
Status: in_force

(A) If the department determines that a report of suspected child abuse or neglect is indicated and the department is not taking the case to the family court for disposition, or if the case was entered in the Central Registry pursuant to Section 63-7-1230 and the department is not taking the case to family court for disposition, the department shall provide notice of the case decision by certified mail to the person determined to have abused or neglected the child. The notice must inform the person of the right to appeal the case decision and that, if he intends to appeal the decision, he must notify the department of his intent in writing within thirty days of receipt of the notice. The notice also must advise the person that the appeal process is for the purpose of determining whether a preponderance of evidence supports the case decision that the person abused or neglected the child. If the person does not notify the department of his intent to appeal in writing within thirty days of receipt of the notice, the right to appeal is waived by the person and the case decision becomes final. (B) Within fourteen days after receipt of a notice of intent to appeal, an appropriate official of the department designated by the director must conduct an interim review of case documentation and the case determination. The interim review may not delay the scheduling of the contested case hearing. If the official conducting the interim review decides that the determination against the appellant is not supported by a preponderance of evidence, this decision must be reflected in the department's case record and database as provided in Section 63-7-930(B)(2) or (3). If the person's name was in the Central Registry as a result of a determination pursuant to Section 63-7-1230 and the interim review results in a reversal of the decision that supports that entry, the person's name must be removed from the Central Registry. (C) The state director shall appoint a hearing officer to conduct a contested case hearing for each case decision appealed. The hearing officer shall prepare recommended findings of fact and conclusions of law for review by the state director or the state director's designee who shall render the final decision. The designee under this subsection must not be a person who was involved in making the original case decision or who conducted the interim review of the original case decision. The purpose of the hearing is to determine whether there is a preponderance of evidence that the appellant was responsible for abuse or neglect of the child. (D) After a contested case hearing, if the state director or the director's designee decides that the determination against the appellant is not supported by a preponderance of evidence, this decision must be reflected in the department's case record and database as provided in Section 63-7-930(B)(2) or (3). If the person's name was in the Central Registry as a result of a determination pursuant to Section 63-7-1230 and the state director or the director's designee reverses the decision that supports that entry, the person's name must be removed from the Central Registry. If the state director or the director's designee affirms the determination against the appellant, the appellant has the right to seek judicial review in the family court of the jurisdiction in which the case originated.
S.C. Code Ann. § 63-3-520 — SC Code / Title 63 / Chapter 3 / Article 5 / Section 63-3-520
SECTION 63-3-520. Traffic and wildlife jurisdiction.
Status: in_force

(A) The magistrate courts and municipal courts of this State have concurrent jurisdiction with the family courts for the trial of persons under seventeen years of age charged with traffic violations or violations of the provisions of Title 50 relating to fish, game, and watercraft when these courts would have jurisdiction of the offense charged if committed by an adult. (B) The family court shall report to the Department of Motor Vehicles all adjudications of a juvenile for moving traffic violations and other violations that affect the juvenile's privilege to operate a motor vehicle including, but not limited to, controlled substance and alcohol violations as required by other courts of this State pursuant to Section 56-1-330 and shall report to the Department of Natural Resources adjudications of the provisions of Title 50.
S.C. Code Ann. § 63-17-3260 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3260
SECTION 63-17-3260. Inappropriate tribunal to forward petition.
Status: in_force

If a petition or comparable pleading is received by an inappropriate tribunal of this State, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this State or another state and notify the petitioner where and when the pleading was sent. Effect of Amendment 2015 Act No. 33, SECTION 1, substituted "of this State or another state" for "in this State or another state".
S.C. Code Ann. § 63-17-3220 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3220
SECTION 63-17-3220. Initiating proceeding.
Status: in_force

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. Effect of Amendment 2015 Act No. 33, SECTION 1, reenacted this section with no change.
S.C. Code Ann. § 63-7-2770 — SC Code / Title 63 / Chapter 7 / Article 8 / Section 63-7-2770
SECTION 63-7-2770. Permanency planning hearings.
Status: in_force

(A) If a child remains in the legal custody of the department in accordance with Section 63-7-2750, permanency planning hearings must be held annually and in accordance with Section 63-7-1700. The court shall review the status of the child, the child's transition plan, and the progress being made to coordinate supportive services for the child's successful transition to adulthood. (B) If a child is under the placement and care responsibility of the department in accordance with Section 63-7-2730(B), upon motion filed by the department, the court shall conduct a permanency planning hearing. A permanency planning hearing must be held on an annual basis for as long as the child remains under the placement and care responsibility of the department. The department shall attach a supplemental report to the motion for permanency planning that includes the transition plan and the report of the administrative case review conducted pursuant to Section 63-7-2760. The motion, supplemental report, and notice of the hearing must be served upon the child at least ten days before the permanency planning hearing and the child is entitled to be present for the hearing. The notice of the hearing must inform the child of the procedures to request counsel if the child desires representation. No responsive pleading is required. (C) The order issued as a result of a hearing pursuant to subsection (B) must make specific findings regarding progress being made toward the child's successful transition from the placement and care responsibility of the department and achieving independence, including whether: (1) the child wants to remain under the placement and care responsibility of the department pursuant to a voluntary placement agreement; (2) there is a transition plan that contains specific, measurable goals; (3) the services being provided are designed to support the child's successful transition to living independently; (4) the services being provided further the child's placement, vocational, or educational goals; (5) additional services are necessary to support the child's successful transition to living independently; and (6) the department has made reasonable efforts to support the child's transition to living independently. (D) A permanency planning hearing held pursuant to this section meets the requirements of the case review required pursuant to Section 63-7-2760. 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."
S.C. Code Ann. § 63-13-60 — SC Code / Title 63 / Chapter 13 / Article 1 / Section 63-13-60
SECTION 63-13-60. Criminal history record check fee.
Status: in_force

For conducting a state fingerprint-based criminal history record check as required by this chapter, the State Law Enforcement Division may not impose a fee greater than the fee imposed by the Federal Bureau of Investigation for conducting such a fingerprint-based background check. Effect of Amendment 2024 Act No. 195, SECTION 7, substituted "fingerprint-based criminal history record check as required by this chapter, the" for "criminal history review as required by this chapter" and "fingerprint-based background check" for "review".
S.C. Code Ann. § 63-7-2550 — SC Code / Title 63 / Chapter 7 / Article 7 / Section 63-7-2550
SECTION 63-7-2550. Service of petition.
Status: in_force

(A) A summons and petition for termination of parental rights must be filed with the court and served on: (1) the child, if the child is fourteen years of age or older; (2) the child's guardian ad litem, appointed pursuant to Section 63-7-2560(B), if the child is under fourteen years of age; (3) the parents of the child; and (4) an agency with placement or custody of the child. (B) The right of an unmarried biological father, as defined in Section 63-9-820, to receive notice of a termination of parental rights action must be governed by the notice provisions of Section 63-9-730(B)(1), (3), (4), (5), and (6), and Subarticle 8, Chapter 9. Editor's Note 2009 Act No. 41 SECTION 6 provides as follows: "This act takes effect July 1, 2009, except that those provisions of Section 1 of this act pertaining to the establishment of the Responsible Father Registry and the receipt of claims of paternity by the registry take effect January 1, 2010, and those provisions of Section 1 of this act and Section 63-9-730 of the 1976 Code, as amended by Section 2 of this act, affecting an unmarried biological father's right to receive notice in a termination of parental rights or an adoption action by filing a claim of paternity and Section 63-7-2550(B) of the 1976 Code, as added by Section 4 of this act, apply to termination of parental rights actions and adoption actions filed on or after July 1, 2010." Effect of Amendment The 2009 amendment designated subsection (A) and in subparagraph (1), added ", if the child is fourteen years of age or older", added subparagraph (2) relating to notice to the guardian ad litem of a child under fourteen, and redesignated subparagraphs (2) and (3) as subparagraphs (3) and (4); and added subsection (B) relating to notice to unmarried biological fathers.
S.C. Code Ann. § 63-5-910 — SC Code / Title 63 / Chapter 5 / Article 7 / Section 63-5-910
SECTION 63-5-910. Definitions.
Status: in_force

For purposes of this article: (A)(1) In the case of a parent who is a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or a Reserve component of these services, "military service or service" means a deployment for combat operations, a contingency operation, or a natural disaster based on orders that do not permit a family member to accompany the member on the deployment. (2) In the case of a parent who is a member of the National Guard, "military service or service" means service under a call to active service authorized by the President of the United States or the Secretary of Defense for a period of more than thirty consecutive days pursuant to 32 U.S.C. 502(f) for purposes of responding to a national emergency declared by the President and supported by federal funds. "Military service or service" includes a period during which a military parent remains subject to deployment orders and remains deployed on account of sickness, wounds, leave, or other lawful cause. (B) "Military parent" means a natural parent or adoptive parent of a child under the age of eighteen whose parental rights have not been terminated by a court of competent jurisdiction.
S.C. Code Ann. § 63-9-1810 — SC Code / Title 63 / Chapter 9 / Article 7 / Section 63-9-1810
SECTION 63-9-1810. Authority to promulgate regulations.
Status: in_force

The department shall promulgate regulations to carry out the provisions of this article.
S.C. Code Ann. § 63-9-2040 — SC Code / Title 63 / Chapter 9 / Article 9 / Section 63-9-2040
SECTION 63-9-2040. Compliance with federal law.
Status: in_force

Consistent with federal law, the Department of Social Services in connection with the administration of this article and a compact pursuant to it must include in a state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980, Public Law 96-272, Titles IV (e) and XIX of the Social Security Act, and other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The department shall apply for and administer all relevant federal aid in accordance with the law.
S.C. Code Ann. § 63-7-10 — SC Code / Title 63 / Chapter 7 / Article 1 / Section 63-7-10
SECTION 63-7-10. Child welfare service principles; purpose.
Status: in_force

(A) Any intervention by the State into family life on behalf of children must be guided by law, by strong philosophical underpinnings, and by sound professional standards for practice. Child welfare services must be based on these principles: (1) Parents have the primary responsibility for and are the primary resource for their children. (2) Children should have the opportunity to grow up in a family unit if at all possible. (3) State and community agencies have a responsibility to implement prevention programs aimed at identifying high risk families and to provide supportive intervention to reduce occurrence of maltreatment. (4) Services for families should be accessible and designed to encourage and enable families to adequately deal with their problems within their own family system. (5) Child welfare intervention into a family's life should be structured so as to avoid a child's entry into the protective service and foster care systems if at all possible. (6) The state's child welfare system must be designed to be child-centered, family-focused, community-based, and culturally competent in its prevention and protection efforts. (7) Neighborhoods and communities are the primary source of opportunities and supports for families and have a primary responsibility in assuring the safety and vitality of their members. (8) The Department of Social Services shall collaborate with the community to identify, support, and treat families in a nonthreatening manner, in both investigative and family assessment situations. (9) A family assessment approach, stressing the safety of the child, building on the strengths of the family, and identifying and treating the family's needs is the appropriate approach for cases not requiring law enforcement involvement or the removal of the child. (10) Only a comparatively small percentage of current child abuse and neglect reports are criminal in nature or will result in the removal of the child or alleged perpetrator. (11) Should removal of a child become necessary, the state's foster care system must be prepared to provide timely and appropriate placements for children with relatives or in licensed foster care settings and to establish a plan which reflects a commitment by the State to achieving permanency for the child within reasonable timelines. (12) The Department of Social Services staff who investigates serious child abuse and neglect reports with law enforcement must be competent in law enforcement procedures, fact finding, evidence gathering, and effective social intervention and assessment. (13) Services should be identified quickly and should build on the strengths and resources of families and communities. (B) It is the purpose of this chapter to: (1) acknowledge the different intervention needs of families; (2) establish an effective system of services throughout the State to safeguard the well-being and development of endangered children and to preserve and stabilize family life, whenever appropriate; (3) ensure permanency on a timely basis for children when removal from their homes is necessary; (4) establish fair and equitable procedures, compatible with due process of law to intervene in family life with due regard to the safety and welfare of all family members; and (5) establish an effective system of protection of children from injury and harm while living in public and private residential agencies and institutions meant to serve them. (C) All child welfare intervention by the State has as its primary goal the welfare and safety of the child. (D) Beginning September 1, 2023, the department must provide to the General Assembly an annual report that enumerates each case accepted for investigation in which the department failed to comply with the time frames established in this chapter, the amount of time beyond the time frames established that the department required to complete the proceeding, and the good cause for the department's inability or failure to comply. Effect of Amendment 2023 Act No. 33, SECTION 1, redesignated (A)(5) as (C); in (A), redesignated former (6) to (14) as (5) to (13), respectively; and added (D).
S.C. Code Ann. § 63-17-1890 — SC Code / Title 63 / Chapter 17 / Article 13 / Section 63-17-1890
SECTION 63-17-1890. Receipt of payments by State Disbursement Unit; effect of support order.
Status: in_force

(A) The notice to withhold shall direct payment to be made to the State Disbursement Unit. The State Disbursement Unit shall promptly transmit payments received pursuant to an order to withhold based on a support order of another jurisdiction entered under this article and under Articles 11 and 15 to the agency or person designated in subitem (c) of item (5) of subsection (B) of Section 63-17-1840. (B) A support order entered pursuant to Section 63-17-1840 does not nullify and is not nullified by a support order made by a court of this State pursuant to any other law or by a support order made by a court of any other state. Amounts collected by any withholding of income must be credited against the amounts accruing or accrued for any period under any support orders issued either by this State or by a sister state. Editor's Note The State Disbursement Unit is to be implemented in accordance with Section 63-17-610. See 2008 Act No. 332, SECTION 8 referencing this section as enacted in Chapter 7 of Title 20.
S.C. Code Ann. § 63-3-610 — SC Code / Title 63 / Chapter 3 / Article 5 / Section 63-3-610
SECTION 63-3-610. Prosecutorial functions.
Status: in_force

All prosecutorial functions and duties in the family courts shall be a responsibility of and be vested in the solicitor of the circuit wherein the court is located.
S.C. Code Ann. § 63-9-520 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-520
SECTION 63-9-520. Investigations and reports.
Status: in_force

(A) Before the final hearing for adoption of a child, investigations and reports must be completed in accordance with the following: (1) Before the placement of any child by any agency or by any person with a prospective adoptive parent, a preplacement investigation, a background investigation, and reports of these investigations must be completed: (a) preplacement investigations must answer all of the following: (i) whether the home of the prospective adoptive parent is a suitable one for the placement of a child; (ii) how the emotional maturity, finances, health, relationships, and any other relevant characteristics of the prospective adoptive parent affect the parent's ability to accept, care, and provide a child with an adequate environment as the child matures; (iii) whether the prospective adoptive parent has ever been involved in any proceeding concerning allegedly neglected, abandoned, abused, or delinquent children; (iv) whether the prospective adoptive parent has completed a course or counseling in preparation for adoption; (v) whether the prospective adoptive parent is approved for placement of a child for purposes of adoption, and if not approved, a statement of the reasons for not approving the prospective adoptive parent; and (vi) any other information that is disclosed by the investigation that would be of value to or would assist the court in deciding the case; (b) if the waiting period for an adoptive placement exceeds one year from the date the preplacement investigation report is completed, the report must be updated before the placement of a child for the purpose of adoption to determine any change in circumstances; (c) a background information investigation and a report of this investigation may not disclose the identity of the biological parents of the adoptee and shall provide the following: (i) a medical history of the biological family of the adoptee, including parents, siblings, and other family members related to the adoptee including ages, sex, race, and any known genetic, psychological, metabolic, or familial disorders; and (ii) a medical and developmental history of the adoptee. (d) notwithstanding any provision of this section, upon good cause shown, the court in its discretion may permit the temporary custody and placement of a child with a prospective adoptive parent before the completion of the preplacement or background investigation and reports required pursuant to this article. (2) A postplacement investigation and report of this investigation must be completed after the filing of the adoption petition. Copies of this report must be provided to the adoption petitioner and must be filed with the court at the final hearing on the adoption provided for in Section 63-9-750. A postplacement investigation and report of this investigation must: (a) answer all of the following: (i) the race, sex, and age of the adoptee and whether the child is a suitable child for adoption by the prospective adoptive parent; (ii) the reason for the adoptee's placement away from the biological parents; (iii) whether the adoptee, if of appropriate age and mental capacity, desires to be adopted; (b) review and where indicated, investigate the allegations of the adoption petition and its attachments and of the accounting of disbursements required under Section 63-9-740; (c) evaluate the progress of the placement of the adoptee; and (d) determine whether adoption by the petitioner is in the best interests of the adoptee. (B) The investigators and all persons participating in, conducting, or associated with the preparation of reports required under this section must be available for examination and cross-examination by any party to an adoption proceeding concerning the contents of and recommendations contained in the reports.
S.C. Code Ann. § 63-5-665 — SC Code / Title 63 / Chapter 5 / Article 6 / Section 63-5-665
SECTION 63-5-665. Powers of custodian.
Status: in_force

(a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only. (b) This section does not relieve a custodian from liability for breach of Section 63-5-660.
S.C. Code Ann. § 63-17-4030 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-4030
SECTION 63-17-4030. Construction of law.
Status: in_force

In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Effect of Amendment 2015 Act No. 33, SECTION 1, reenacted this section with no change.
S.C. Code Ann. § 63-15-378 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-378
SECTION 63-15-378. Remedies.
Status: in_force

(A) In a case arising under this article or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor may take any lawful action, including resorting to a proceeding under this subarticle or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if there is: (1) an existing child custody determination; (2) a request to do so from a court in a pending child custody proceeding; (3) a reasonable belief that a criminal statute has been violated; or (4) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction. (B) A prosecutor acting under this section acts on behalf of the court and may not represent any party.
S.C. Code Ann. § 63-9-820 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-820
SECTION 63-9-820. Registry established; definitions; claims of paternity; promulgation of regulations; unauthorized use.
Status: in_force

(A) There is established within the Department of Social Services the Responsible Father Registry, which the department shall maintain. (B) As used in this section: (1) "Department" means the Department of Social Services. (2) "Registrant" means an unmarried biological father or a male who claims to be the unmarried biological father of a child. (3) "Registry" means the Responsible Father Registry as established by this section. (4) "Unmarried biological father" means a male who is not married to the biological mother of a child of whom he is or claims to be the natural father. (C) Except as set forth in Section 63-9-730(B), in order to preserve the right to notice of an adoption proceeding or the right to notice of a petition for termination of parental rights, a registrant must file a claim of paternity with the registry. A claim of paternity filed with the registry must not be deemed to be an acknowledgment of paternity, and a claim of paternity filed with the registry, as well as any other information contained in the registry, is not admissible as evidence in any proceeding. (D) Except for a person who is required to receive notice pursuant to Section 63-9-730(B), an unmarried biological father's failure to file a claim of paternity with the registry constitutes an implied irrevocable waiver of the father's right to notice of any proceedings pertaining to the termination of his parental rights and to the child's adoption. Such waiver includes a waiver of any right of the parent to be named as a party in or served with a summons or any other document prepared in conjunction with a termination of parental rights proceeding or an adoption proceeding. (E) A claim of paternity must be signed by the registrant and must include: (1) the registrant's name, address, and date of birth; (2) the mother's name and, if known, her address and date of birth; (3) if known, the child's name, place of birth, and date of birth; (4) if known, the date, county, and state of conception of the child; and (5) the date the claim is filed. (F) The claim of paternity may be filed with the registry before or after the birth of the child; however, a claim of paternity filed with the registry is null and void if it is filed on or after the date a petition for termination of parental rights or a petition for adoption is filed. (G) Only the registrant may file the claim of paternity. No other person may file the claim of paternity on behalf of the registrant. The registrant must notify the registry of any change of address in the manner prescribed by the department. Failure to notify the registry of a change of address in the manner prescribed by the department is deemed to be a waiver of a right to notice or to any other right to which the registrant may be entitled as a result of filing a claim of paternity pursuant to this section, including, but not limited to, notice by publication. (H) The department shall issue a certificate to the registrant verifying that the claim of paternity, revocation, or change of address has been filed. (I) No fee may be charged for filing a claim of paternity, a revocation, or a change of address with the registry. No fee may be charged to the department for its searches of the registry. The department may charge a fee for processing searches of the registry to a child-placing agency or an attorney assisting in the adoption or termination of parental rights of a child in accordance with a fee schedule established in the annual appropriations act. (J) A registrant may at any time revoke a claim of paternity and shall file the revocation with the department in the manner prescribed by the department. The filing of a revocation of a claim of paternity with the registry in the manner prescribed by the department makes the prior claim of paternity filed by the registrant null and void. (K) Except as set forth in Section 63-9-730(B), no unmarried biological father who fails to file a claim of paternity with the registry is entitled to notice of any adoption proceeding or of any termination of parental rights proceeding concerning the unmarried biological father's child. (L) An unmarried biological father's failure to file a claim of paternity with the registry is deemed to be a lack of proper diligence under Section 63-9-770(B). An unmarried biological father's lack of knowledge of the biological mother's pregnancy does not excuse an unmarried biological father's failure to file a claim of paternity pursuant to this chapter. An unmarried biological father's sexual intercourse or his consent to artificial insemination with the biological mother is deemed to be notice to the unmarried biological father of the biological mother's pregnancy. (M)(1) The registry is not available for public inspection and is not subject to disclosure under the Freedom of Information Act pursuant to Chapter 4, Title 30 except that: (a) the department may file a written request with the registry regarding a child for whom the department has an open case for child welfare services; (b) the department shall provide the names and addresses of all registrants who have filed a claim of paternity for the child in question upon written request of a child-placing agency or an attorney assisting in the adoption or termination of parental rights of a child. The written request may be filed with the registry before or after the birth of the child and must include: (i) the mother's name and, if known, her address and date of birth; (ii) if known, the child's date of birth and place of birth; and (iii) if known, the date, county, and state of conception of the child. (2) If a written request is submitted by or to the department pursuant to item (a) or (b) of subsection (M)(1), and no claim of paternity for the registrant is found, the department shall issue a certificate of diligent search verifying that a search of the registry has been conducted and that no claim of paternity regarding that registrant or child was found. (N) A registrant who has filed a claim of paternity must be served with notice of any adoption proceeding and any termination of parental rights proceeding involving any child identified in the registrant's filed claim of paternity within ten days of receipt of the registrant's name and address by the attorney or child-placing agency pursuant to item (b) of subsection (M)(1). (O) Should the department issue a certificate of diligent search, the attorney for the requesting party in an adoption proceeding or in a termination of parental rights proceeding shall file the certificate of diligent search with the court in which the proceeding is pending within ten days of receipt of the certificate. (P) A registrant's claim of paternity shall remain on the registry until nineteen years after the claim of paternity has been filed with the registry, at which time the information may be purged from the registry. A registrant's claim of paternity shall be purged from the registry if the registrant revokes his claim of paternity pursuant to subsection (J). (Q) The department may promulgate regulations and forms necessary to implement the provisions of this section. The department shall produce and distribute a pamphlet or publication informing the public of the Responsible Father Registry. The pamphlet or publication shall indicate the procedure for registering and the consequences for failure to register. (R)(1) Any unauthorized use, or attempted unauthorized use, of the registry is expressly prohibited, and any person or organization seeking, receiving, using, or publishing, or attempting to do so, any information contained in the registry in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both. (2) A person who knowingly, maliciously, or in bad faith files a false claim of paternity with the registry is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both. Editor's Note 2009 Act No. 41 SECTION 6 provides as follows: "This act takes effect July 1, 2009, except that those provisions of Section 1 of this act pertaining to the establishment of the Responsible Father Registry and the receipt of claims of paternity by the registry take effect January 1, 2010, and those provisions of Section 1 of this act and Section 63-9-730 of the 1976 Code, as amended by Section 2 of this act, affecting an unmarried biological father's right to receive notice in a termination of parental rights or an adoption action by filing a claim of paternity and Section 63-7-2550(B) of the 1976 Code, as added by Section 4 of this act, apply to termination of parental rights actions and adoption actions filed on or after July 1, 2010."
S.C. Code Ann. § 63-3-320 — SC Code / Title 63 / Chapter 3 / Article 3 / Section 63-3-320
SECTION 63-3-320. Rotation of judges.
Status: in_force

All family court judges in a circuit, including the chief family court judge, shall rotate among all counties in the circuit as directed by the chief family court judge under the direction and supervision of the Chief Justice.
S.C. Code Ann. § 63-7-310 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-310
SECTION 63-7-310. Persons required to report.
Status: in_force

(A) The following persons must report in accordance with this section when, in such person's professional capacity, he has received information that gives him reason to believe that a child has been or may be abused or neglected as defined in Section 63-7-20: a physician, nurse, dentist, optometrist, medical examiner, or coroner, or an employee of a county medical examiner's or coroner's office, or any other medical, emergency medical services, mental health, or allied health professional, member of the clergy including a Christian Science Practitioner or religious healer, clerical or nonclerical religious counselor who charges for services, school teacher, counselor, principal, assistant principal, school attendance officer, social or public assistance worker, substance abuse treatment staff, or childcare worker in a childcare center or foster care facility, foster parent, police or law enforcement officer, juvenile justice worker, undertaker, funeral home director or employee of a funeral home, persons responsible for processing films, computer technician, judge, and a volunteer non-attorney guardian ad litem serving on behalf of the South Carolina Guardian Ad Litem Program or on behalf of Richland County CASA. (B) If a person required to report pursuant to subsection (A) has received information in the person's professional capacity which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by acts or omissions that would be child abuse or neglect if committed by a parent, guardian, or other person responsible for the child's welfare, but the reporter believes that the act or omission was committed by a person other than the parent, guardian, or other person responsible for the child's welfare, the reporter must make a report to the appropriate law enforcement agency. (C) A person, as provided in subsections (A) and (B), who reports child abuse or neglect to a supervisor or person in charge of an institution, school, facility, or agency is not relieved of his individual duty to report in accordance with this section. The duty to report is not superseded by an internal investigation within the institution, school, facility, or agency. (D) Except as provided in subsection (A), a person who has reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect may report, and is encouraged to report, in accordance with this section. A person, as provided in subsection (A) or (B), who reports child abuse or neglect to a supervisor or person in charge of an institution, school, facility, or agency is not relieved of his individual duty to report in accordance with this section. The duty to report is not superseded by an internal investigation within the institution, school, facility, or agency. (E) Reports of child abuse or neglect may be made orally by telephone or otherwise to the county department of social services or to a law enforcement agency in the county where the child resides or is found. (F) Nothing in this section shall be construed as requiring a person under the age of eighteen to be a mandated reporter pursuant to subsection (A). Effect of Amendment The 2010 amendment in subsection (A), added reference to "school attendance officer", "foster parent", "juvenile justice worker", and "volunteer non-attorney guardian ad litem serving on behalf of the South Carolina Guardian Ad Litem program or on behalf of Richland County CASA"; and rewrote subsection (C). 2018 Act No. 222, SECTION 1, rewrote the section, adding religious counselors as mandated reporters and requiring reporters to comply with the individual duty to report.
S.C. Code Ann. § 63-9-1710 — SC Code / Title 63 / Chapter 9 / Article 7 / Section 63-9-1710
SECTION 63-9-1710. Purpose.
Status: in_force

The purpose of this article is to supplement the South Carolina adoption law by making possible through public supplemental benefits the most appropriate adoption of each child certified by the Department of Social Services as requiring a supplemental benefit to assure adoption.
S.C. Code Ann. § 63-7-735 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-735
SECTION 63-7-735. Right to become a licensed kinship foster parent.
Status: in_force

(A) Before the department places a child with a relative who is not licensed as a foster parent, the department shall inform the relative of the procedures for licensure as a foster parent, the benefits of licensure as a foster parent, including eligibility for financial assistance and supportive services, and the risk that the relative may be ineligible for that assistance and services if the relative is not licensed as a foster parent. (B) An order issued as a result of a hearing in which the court approves placement of a child with a relative who is not licensed as a foster parent must contain a finding by the court whether the department informed the relative of the right to become licensed as a foster parent, the procedures for obtaining licensure, and the benefits of being licensed as a foster parent, including eligibility for financial assistance and supportive services. (C) If the court finds that the department complied with the requirements of this section and Sections 63-7-2320(C) and (E) and 63-7-2330, and the relative indicates to the court that the relative does not wish to pursue licensure as a foster parent, the court may approve the placement pursuant to this section.
S.C. Code Ann. § 63-3-340 — SC Code / Title 63 / Chapter 3 / Article 3 / Section 63-3-340
SECTION 63-3-340. Temporary assignment of judges.
Status: in_force

The Chief Justice, in his discretion and based upon caseload requirements and need, may temporarily assign a family court judge to preside in another circuit other than the one in which he is a resident.
S.C. Code Ann. § 63-17-2330 — SC Code / Title 63 / Chapter 17 / Article 17 / Section 63-17-2330
SECTION 63-17-2330. Immunity from liability.
Status: in_force

(A) Notwithstanding any other provision of federal or state law, a financial institution, as defined in Section 63-17-2310(A)(2), is not liable to a person for disclosure of information to the Department of Social Services, its designee, or the department's or designee's employees under Section 63-17-2320 for encumbering or surrendering any deposits, credits, or other personal property in response to a notice of lien or levy by the department, or its designee, or for any other action taken in good faith to comply with the requirements of Sections 63-17-2310 and 63-17-2320. (B) Upon obtaining a financial record of an individual from a financial institution pursuant to Sections 63-17-2310 and 63-17-2320, the department, its designee, or the department's or designee's employees may disclose the financial record only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of the individual. (C) If the department, its designee, or the department's or designee's employees knowingly or by reason of negligence disclose a financial record of an individual in violation of subsection (B), the individual whose records were disclosed may bring a civil action for damages against the department, its designee, or the department's or designee's employees in a district court of the United States. (D) No liability arises under subsection (C) with respect to any disclosure which results from a good faith but erroneous interpretation of subsection (B). (E) In an action brought under subsection (C), upon a finding of liability on the part of the defendant, the defendant is liable to the plaintiff in an amount equal to the sum of: (1) the greater of: (a) one thousand dollars for each act of unauthorized disclosure of a financial record with respect to which the defendant is found liable; or (b) the sum of: (i) the actual damages sustained by the plaintiff as a result of the unauthorized disclosure; and (ii) in the case of a wilful disclosure or a disclosure which is the result of gross negligence, punitive damages; and (2) the costs, including attorney fees, of the action.
S.C. Code Ann. § 63-11-2220 — SC Code / Title 63 / Chapter 11 / Article 22 / Section 63-11-2220
SECTION 63-11-2220. Composition of department; salaries.
Status: in_force

The department shall be comprised of deputy child advocates, investigators, and other staff to be employed as necessary by the State Child Advocate to carry out the duties of the department as authorized by law. The deputy child advocates serve at will and may be removed by the State Child Advocate. The State Child Advocate shall fix the salaries of all staff subject to the funds authorized in the annual general appropriations act. 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."
S.C. Code Ann. § 63-17-390 — SC Code / Title 63 / Chapter 17 / Article 3 / Section 63-17-390
SECTION 63-17-390. Warrants for refusal to obey court order.
Status: in_force

Where a respondent shall neglect or refuse to obey an order for support or upon agreement signed by the respondent and approved by the court, and the court is satisfied thereof by competent proof, it may, with or without notice, issue a warrant to commit the respondent to jail until the order is obeyed or until the respondent is discharged by law.
S.C. Code Ann. § 63-15-240 — SC Code / Title 63 / Chapter 15 / Article 2 / Section 63-15-240
SECTION 63-15-240. Contents of order for custody affecting rights and responsibilities of parents; best interests of the child.
Status: in_force

(A) In issuing or modifying an order for custody affecting the rights and responsibilities of the parents, the order may include, but is not limited to: (1) the approval of a parenting plan; (2) the award of sole custody to one parent with appropriate parenting time for the noncustodial parent; (3) the award of joint custody, in which case the order must include: (a) residential arrangements with each parent in accordance with the needs of each child; and (b) how consultations and communications between the parents will take place, generally and specifically, with regard to major decisions concerning the child's health, medical and dental care, education, extracurricular activities, and religious training; (4) other custody arrangements as the court may determine to be in the best interest of the child. (B) In issuing or modifying a custody order, the court must consider the best interest of the child, which may include, but is not limited to: (1) the temperament and developmental needs of the child; (2) the capacity and the disposition of the parents to understand and meet the needs of the child; (3) the preferences of each child; (4) the wishes of the parents as to custody; (5) the past and current interaction and relationship of the child with each parent, the child's siblings, and any other person, including a grandparent, who may significantly affect the best interest of the child; (6) the actions of each parent to encourage the continuing parent-child relationship between the child and the other parent, as is appropriate, including compliance with court orders; (7) the manipulation by or coercive behavior of the parents in an effort to involve the child in the parents' dispute; (8) any effort by one parent to disparage the other parent in front of the child; (9) the ability of each parent to be actively involved in the life of the child; (10) the child's adjustment to his or her home, school, and community environments; (11) the stability of the child's existing and proposed residences; (12) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, must not be determinative of custody unless the proposed custodial arrangement is not in the best interest of the child; (13) the child's cultural and spiritual background; (14) whether the child or a sibling of the child has been abused or neglected; (15) whether one parent has perpetrated domestic violence or child abuse or the effect on the child of the actions of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the child; (16) whether one parent has relocated more than one hundred miles from the child's primary residence in the past year, unless the parent relocated for safety reasons; and (17) other factors as the court considers necessary.
S.C. Code Ann. § 63-7-30 — SC Code / Title 63 / Chapter 7 / Article 1 / Section 63-7-30
SECTION 63-7-30. Seeking assistance.
Status: in_force

A person seeking assistance in meeting child care responsibilities may use the services and facilities established by this chapter, including the single statewide telephone number and local child protective services where available. These persons must be referred to appropriate community resources or agencies, notwithstanding whether the problem presented involves child abuse or neglect.
S.C. Code Ann. § 63-17-2310 — SC Code / Title 63 / Chapter 17 / Article 17 / Section 63-17-2310
SECTION 63-17-2310. Clerk of court authority to attempt to locate and right to obtain information from organizations.
Status: in_force

(A) The Department of Social Services shall attempt to locate individuals for the purposes of establishing paternity and establishing, modifying, and enforcing child support obligations. In all cases not being administered pursuant to Title IV-D of the Social Security Act by the department, the clerk of court may attempt to locate individuals for the purpose of enforcing child support obligations. Notwithstanding any other provision of law making this information confidential, these entities in this State promptly shall provide to the department, its designee or a federally approved child support agency of another state, or to the clerk of court, information upon request of the department or another agency for the purpose of establishing paternity or establishing, modifying, or enforcing a support obligation or the clerk of court for the purpose of enforcing child support obligations: (1) All entities in the State including, but not limited to, for-profit, nonprofit and governmental employers, and labor organizations shall provide the full name, social security number or the alien identification number assigned to a resident alien who does not have a social security number, date of birth, home address, wages or salary, existing or available medical, hospital, and dental insurance coverage, and number of dependents listed for tax purposes on all employees, contractors, and members of labor organizations. (2) All utility companies, including wire and nonwire telecommunication companies, cable television companies, and financial institutions, shall provide the full name, social security number or the alien identification number assigned to a resident alien who does not have a social security number, date of birth, home address, telephone number, account numbers, and other identifying data, including information on assets and liabilities, on all persons who maintain an account with that entity. For purposes of this item, a financial institution is defined as a federal, state, commercial, or savings bank, savings and loan association, cooperative bank, federal or state chartered credit union, benefit association, insurance company, safe deposit company, money market mutual fund, or investment company doing business in this State. (3) The appropriate state or local agency of this State shall provide access to information contained in these records: (a) vital statistics; (b) state and local tax and revenue records; (c) records concerning real and titled property; (d) records of occupational and professional licenses; (e) records concerning the ownership and control of corporations, partnerships, and other business entities; (f) employment security records; (g) records of motor vehicle departments; and (h) corrections records. A state or local agency, board, or commission that provides information pursuant to this subsection to the department, or to the clerk of court in non-Title IV-D cases, may not charge the department or the clerk of court a fee for providing the information; however, a commission that receives federal grants, the uses of which are restricted, may charge a fee for providing the information. (B) An entity that provides information pursuant to this section in good faith reliance upon certification by the department, or to the clerk of court in non-Title IV-D cases, that the information is needed to establish paternity or to establish, modify, or enforce a support obligation is not liable for damages resulting from the disclosure. (C) An entity that fails to provide the requested information within thirty days of the request may be subject to a civil penalty of one hundred dollars for each occurrence. Fines imposed pursuant to this subsection must be enforced as provided for in Section 63-3-530(A)(43) and distributed according to Section 63-17-520. Effect of Amendment The 2013 amendment rewrote the section.
S.C. Code Ann. § 63-15-314 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-314
SECTION 63-15-314. Notice; proof of service; submission to jurisdiction.
Status: in_force

(A) Notice required for the exercise of jurisdiction when a person is outside this State may be given in a manner prescribed by the law of this State for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective. (B) Proof of service may be made in the manner prescribed by the law of this State or by the law of the state in which the service is made. (C) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
S.C. Code Ann. § 63-17-3920 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3920
SECTION 63-17-3920. Designated agency.
Status: in_force

The Department of Social Services of this State is recognized as the agency designated by the United States central authority to perform specific functions under the convention.
S.C. Code Ann. § 63-7-1630 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1630
SECTION 63-7-1630. Notice of hearings.
Status: in_force

The department shall provide notice of a hearing held in connection with an action filed or pursued under Subarticle 3 or Section 63-7-1650, 63-7-1660, 63-7-1670, 63-7-1680, 63-7-1700, or 63-7-2550 to the foster parent, the preadoptive parent, or the relative who is providing care for a child. The notice must be in writing and may be delivered in person or by regular mail. The notice shall inform the foster parent, preadoptive parent, or relative of the date, place, and time of the hearing and of the right to attend the hearing and to address the court concerning the child. Notice provided pursuant to this section does not confer on the foster parent, preadoptive parent, or relative the status of a party to the action.
S.C. Code Ann. § 63-7-370 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-370
SECTION 63-7-370. Domestic violence reporting.
Status: in_force

The law enforcement officer upon receipt of a report of domestic violence may report this information to the Department of Social Services. The department may treat the case as suspected report of abuse and may investigate the case as in other allegations of abuse in order to determine if the child has been harmed.
S.C. Code Ann. § 63-13-830 — SC Code / Title 63 / Chapter 13 / Article 7 / Section 63-13-830
SECTION 63-13-830. Statement of registration.
Status: in_force

(A) A statement of registration must be issued when the family childcare operator satisfactorily completes the procedures prescribed by this chapter. The current statement must be displayed in a prominent place in the facility at all times and the registration number must be stated in all advertisements of the family childcare home. (B) Registration expires at the end of one year from the date of issuance of the statement of registration. Registration may be renewed according to the procedures developed by the department. (C)(1) A person applying for renewal of registration as an operator of a family childcare home registered under this article and a person employed or providing caregiver services at a family childcare home registered under this article, who has not done so previously, on the first renewal after June 30, 1996, 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. (2) Application forms for registration renewal 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 registration as an operator or a person who applies for registration as an operator who has a person fifteen years of age or older living in the home who has been convicted of a crime enumerated in Section 63-13-40(A)(1) 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) Application forms for registration renewal issued under this chapter by the department for a family childcare home must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in Section 63-13-40(A)(1) who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, 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. (E)(1) The department may deny an application for a statement of registration, deny an application for a renewal of registration, work with a family childcare home operator to resolve a concern, or withdraw a statement of registration if one or more of the following apply: (a) the health or safety of any child in the facility is at risk; (b) the family childcare home operator, in the operation of a family childcare home facility, previously enrolled or currently has enrolled children beyond the limits defined in this chapter; (c) the operator fails to comply with the registration procedures provided in this chapter; or (d) the operator fails to comply with the training requirements provided in Section 63-13-825(A). (2) If a family childcare home has had its application for a statement or renewal of registration denied by the department or its statement of registration withdrawn by the department pursuant to this subsection, the family childcare home may elect to meet the requirements for licensure by demonstrating compliance with Article 3 of this chapter and the suggested standards developed by the department pursuant to Section 63-13-180. (3) The department shall consider previous applications, the circumstances of prior inspections, or withdrawals of registration, by the department or the applicant, as factors to be considered in the application process; however, a prior concern does not prohibit the department from granting the family childcare home a statement or renewal of registration if the department is satisfied the concern has been resolved. (4) If the operator fails to comply with the training requirements provided in Section 63-13-825(A) prior to the expiration of the registration or fails to timely renew the registration, the department shall place the operator on a corrective action plan. Effect of Amendment 2016 Act No. 263, SECTION 3, rewrote (E), providing additional authority of the department of social services and rights of family childcare homes. 2019 Act No. 52, SECTION 9, in (C), inserted the (1) identifier, rewrote the first sentence and added the second sentence, inserted the (2) identifier and substituted "Section 63-13-40(A)(1)" for "Section 63-13-820(D)" in two places; and in (D), substituted "Section 63-13-40(A)(1)" for "this section". 2024 Act No. 195, SECTION 14, in (C)(1), in the first sentence, substituted "fingerprint-based background check" for "fingerprint review" in two places".
S.C. Code Ann. § 63-5-635 — SC Code / Title 63 / Chapter 5 / Article 6 / Section 63-5-635
SECTION 63-5-635. Transfer by obligor.
Status: in_force

(a) Subject to subsections (b) and (c), a person not subject to Section 63-5-625 or 63-5-630 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to Section 63-5-645. (b) If a person having the right to do so under Section 63-5-615 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person. (c) If no custodian has been nominated under Section 63-5-615, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $15,000 in value.
S.C. Code Ann. § 63-11-1950 — SC Code / Title 63 / Chapter 11 / Article 19 / Section 63-11-1950
SECTION 63-11-1950. Purpose and duties of committee.
Status: in_force

(A) The purpose of the State Child Fatality Advisory Committee is to decrease the incidences of preventable child deaths by: (1) developing an understanding of the causes and incidences of child deaths; (2) developing plans for and implementing changes within the agencies represented on the committee which will prevent child deaths; and (3) advising the Governor and the General Assembly on statutory, policy, and practice changes which will prevent child deaths. (B) To achieve its purpose, the committee shall: (1) meet with the department no later than one month after the department receives notification by the county coroner or medical examiner pursuant to Section 17-5-540 to review the investigation of the death; (2) undertake annual statistical studies of the incidences and causes of child fatalities in this State. The studies shall include an analysis of community and public and private agency involvement with the decedents and their families before and subsequent to the deaths; (3) the committee shall consider training, including cross-agency training, consultation, technical assistance needs, and service gaps. If the committee determines that changes to any statute, regulation, policy, or procedure is needed to decrease the incidence of preventable child deaths, the committee shall include proposals for changes to statutes, regulations, policies, and procedures in the committee's annual report; (4) educate the public regarding the incidences and causes of child deaths, the public role in preventing these deaths, and specific steps the public can undertake to prevent child deaths. The committee shall enlist the support of civic, philanthropic, and public service organizations in performing the committee's education duties; (5) develop and implement policies and procedures for its own governance and operation; (6) submit to the Governor and the General Assembly, an annual written report and any other reports prepared by the committee, including, but not limited to, the committee's findings and recommendations. Annual reports must be made available to the public.
S.C. Code Ann. § 63-5-675 — SC Code / Title 63 / Chapter 5 / Article 6 / Section 63-5-675
SECTION 63-5-675. Custodian's expenses, compensation, and bond.
Status: in_force

(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. (b) Except for one who is a transferor under Section 63-5-620, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year. (c) Except as provided in Section 63-5-690(f), a custodian need not give a bond.
S.C. Code Ann. § 63-7-990 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-990
SECTION 63-7-990. Access to sex offender registry.
Status: in_force

Notwithstanding any other provision of law, upon request of the department, a criminal justice agency having custody of or access to state or local law enforcement records or county sex offender registries shall provide the department with information pertaining to the criminal history of an adult residing in the home of a child who is named in a report of suspected child abuse or neglect or in a home in which it is proposed that the child be placed. This information shall include conviction data, nonconviction data, arrests, and incident reports accessible to the agency. The department shall not be charged a fee for this service.
S.C. Code Ann. § 63-7-1980 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1980
SECTION 63-7-1980. Screening against the Central Registry.
Status: in_force

(A) When a statute or regulation makes determination of a person's history of child abuse or neglect a condition for employment or volunteer service in a facility or other entity regulated by the department, the person must be screened against the Central Registry of Child Abuse and Neglect before employment or service in the volunteer role. The person must be screened each time the license, registration, or other operating approval of the facility or other entity is renewed. (B) When a statute or regulation makes determination of an applicant's history of child abuse or neglect, a condition for issuance of a license, registration, or other operating approval by the department, the applicant must be screened against the Central Registry of Child Abuse and Neglect before issuance of the initial license, registration, or other approval and each time the license, registration, or other operating approval is renewed.
S.C. Code Ann. § 63-13-110 — SC Code / Title 63 / Chapter 13 / Article 1 / Section 63-13-110
SECTION 63-13-110. First aid and CPR certificates.
Status: in_force

During the hours of operation all childcare facilities, except registered family childcare homes, must have on the premises at least one caregiver with a current certificate for the provision of basic first aid and child-infant cardiopulmonary resuscitation.
S.C. Code Ann. § 63-15-376 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-376
SECTION 63-15-376. Appeals.
Status: in_force

An appeal may be taken from a final order in a proceeding under this subarticle in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under Section 63-15-336, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
S.C. Code Ann. § 63-17-310 — SC Code / Title 63 / Chapter 17 / Article 3 / Section 63-17-310
SECTION 63-17-310. Family Court authority to enforce orders.
Status: in_force

The family court has the authority to enforce the provisions of any decree, judgment, or order regarding child support of a court of this State, including cases with jurisdiction based on the revised Uniform Reciprocal Enforcement of Support Act, provided that personal jurisdiction has been properly established. This authority includes the right to modify any such decree, judgment, or order for child support as the court considers necessary upon a showing of changed circumstances. No such modification is effective as to any installment accruing prior to filing and service of the action for modification. Additionally, the family court has the right to hold any arrearage in child support in abeyance. Editor's Note The Revised Uniform Reciprocal Enforcement of Support Act, referenced in this section, is now the Uniform Interstate Family Support Act.
S.C. Code Ann. § 63-9-770 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-770
SECTION 63-9-770. Attacks on final orders; appeals.
Status: in_force

(A) Except as provided in subsection (B), after the final order, judgment, or decree of adoption is entered, no party to an adoption proceeding, and no one claiming under a party, may question the validity of the adoption because of any defect or irregularity, jurisdictional or otherwise, in the proceeding, and a party, and anyone claiming under a party, is fully bound by the order. No adoption may be attacked either directly or collaterally because of any procedural or other defect by anyone who was not a party to the adoption. The failure on the part of the court or an agency to perform duties or acts within the time required by this article does not affect the validity of any adoption proceeding. (B) A party to an adoption proceeding may appeal a final order, judgment, or decree of adoption in the manner provided for appeals from the court in other family court matters. In addition, this section may not be construed to preclude a court's inherent authority to grant collateral relief from a judgment on the ground of extrinsic fraud. For purposes of this subsection, "extrinsic fraud" is fraud that induces a person not to present a case or deprives a person of the opportunity to be heard. However, a court is under no obligation to grant a person relief from a judgment based upon extrinsic fraud if the person might have prevented the judgment by the exercise of proper diligence.
S.C. Code Ann. § 63-7-2740 — SC Code / Title 63 / Chapter 7 / Article 8 / Section 63-7-2740
SECTION 63-7-2740. Proceedings for review of voluntary placement agreement.
Status: in_force

(A) Within thirty days of entering a voluntary placement agreement, the department shall initiate proceedings for the review of the agreement by filing with the court a summons, petition, and supplemental report as outlined in subsection (B). The summons, petition, and supplemental report must be served on the child and must include notice of the procedures to request counsel if the child desires representation at the proceedings. No responsive pleading is required. If the child does not have private representation, an attorney can be requested by the child and provided by the Commission on Indigent Defense under the Rule 608 contract program or Rule 608 of the South Carolina Appellate Court Rules. (B) The supplemental report must include the following: (1) information necessary to support a determination that the child is eligible to remain under the placement and care responsibility of the department, that the child wants to remain under the placement and care responsibility of the department, and that remaining under the placement and care responsibility of the department is in the child's best interests; (2) the voluntary placement agreement; and (3) a transition plan which states specific, measurable goals and objectives. (C) The court shall conduct a hearing on the petition within sixty days of the filing of the petition. The department must provide written notice of the hearing to the child at least ten days before the hearing and the child is entitled to be present for the hearing. (D) The court shall include its findings and conclusions in a written order that addresses whether: (1) the child wants to remain under the placement and care responsibility of the department; (2) remaining under the placement and care responsibility of the department is in the best interests of the child; (3) the services provided to the child improve placement; (4) the services provided to the child further the child's educational or vocational goals, as applicable; and (5) the department has made reasonable efforts to support the child's transition to living independently. (E) Under no circumstances may a voluntary placement agreement exceed a child's twenty-first birthday. 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."
S.C. Code Ann. § 63-17-1550 — SC Code / Title 63 / Chapter 17 / Article 11 / Section 63-17-1550
SECTION 63-17-1550. Payor's wilful failure to withhold.
Status: in_force

If a payor wilfully fails to withhold or pay over income pursuant to a notice to withhold, the court upon notice and hearing may enter judgment and direct the issuance of an execution against the payor for the total amount that the payor wilfully failed to withhold. A payor who wilfully refuses to hire or who discharges or otherwise penalizes an obligor as prohibited by Section 63-17-1460(I) or who fails to notify the clerk of the availability of health insurance is subject to a civil fine not to exceed five hundred dollars which may be imposed by the court in its discretion.
S.C. Code Ann. § 63-15-552 — SC Code / Title 63 / Chapter 15 / Article 5 / Section 63-15-552
SECTION 63-15-552. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
S.C. Code Ann. § 63-19-1680 — SC Code / Title 63 / Chapter 19 / Article 15 / Section 63-19-1680
SECTION 63-19-1680. Child support payments.
Status: in_force

Whenever a child is committed by the court to custody other than that of the child's parents or is given medical, psychological, or psychiatric treatment under order of the court, the solicitor of the county where the child is a resident may petition the court to order the parent or parents of the child to pay child support when the child is committed to or detained in the custody of an approved local detention facility or the Department of Juvenile Justice. If the parents of the child are living apart, the court shall pursue child support payments from both parents. The court, after giving the parent a reasonable opportunity to be heard, may order the parent to pay, in the manner the court directs, in accordance with child support guidelines promulgated by the Department of Social Services to cover in whole or in part the support and treatment of the child. In making its determination whether to order child support, the court shall consider the conduct of the parent in supervising and providing care for the child. If the parent wilfully fails or refuses to pay the amount ordered, the court may proceed against the parent for contempt.
S.C. Code Ann. § 63-15-330 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-330
SECTION 63-15-330. Basis for jurisdiction.
Status: in_force

(A) Except as otherwise provided in Section 63-15-336, a court of this State has jurisdiction to make an initial child custody determination only if: (1) this State is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this State, but a parent or person acting as a parent continues to live in this State; (2) a court of another state does not have jurisdiction under item (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this State is the more appropriate forum under Section 63-15-342 or 63-15-344, and: (a) the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this State other than mere physical presence; and (b) substantial evidence is available in this State concerning the child's care, protection, training, and personal relationships; (3) all courts, having jurisdiction under item (1) or (2), have declined to exercise jurisdiction on the ground that a court of this State is the more appropriate forum to determine the custody of the child under Section 63-15-342 or 63-15-344; or (4) no court of any other state would have jurisdiction under the criteria specified in item (1), (2), or (3). (B) Subsection (A) is the exclusive jurisdictional basis for making a child custody determination by a court of this State. (C) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.
S.C. Code Ann. § 63-11-710 — SC Code / Title 63 / Chapter 11 / Article 7 / Section 63-11-710
SECTION 63-11-710. Local boards for review.
Status: in_force

(A) There are created sixteen local boards for review of cases of children receiving foster care, one in each judicial circuit, composed of five members appointed by the Governor upon recommendation of the legislative delegation of each county within the circuit for terms of four years and until their successors are appointed and qualify. If the county legislative delegations within a judicial circuit have not recommended to the Governor a person to fill a review board vacancy within ninety days after being notified by certified mail that the vacancy exists, then the local review boards in the judicial circuit may recommend to the Governor someone to fill the vacancy. All local board members must be residents of the judicial circuit which they represent, except where a current or former member is substituting for an absent member. Local boards shall elect their chairman. (B) If the board of directors determines that additional local review boards are necessary in a judicial circuit because of an excessively large case load for review or if the local board is no longer necessary because of a reduced case load, the board may create or dissolve local review boards by resolution, and the boards created have all authority and duties provided for the boards by the provisions of this article. (C) In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996. (D) In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996. (E) In the Fifth Judicial Circuit, the members of one of the local review boards authorized pursuant to subsection (B) must be appointed by the Kershaw County Legislative Delegation. The local review board appointed by the Kershaw County Legislative Delegation shall be the board in the Fifth Judicial Circuit which primarily deals with cases in Kershaw County. Effect of Amendment 2018 Act No. 175, SECTION 1, added (E).
S.C. Code Ann. § 63-17-820 — SC Code / Title 63 / Chapter 17 / Article 5 / Section 63-17-820
SECTION 63-17-820. Out-of-state request to establish support.
Status: in_force

(A) The division may establish all duties of support including the duty to pay any arrearage and may enforce duties of support from an obligor pursuant to this article if that action is requested by an agency of another state which is operating under Title IV-D of the federal Social Security Act, as amended. (B) If the division proceeds against an obligor under subsection (A), it shall seek establishment and enforcement of the liability imposed by the laws of the state where the obligor was located during the period for which support is sought. The obligor is presumed to have been present in this State during the period until otherwise shown. (C) If the obligee is absent from this State and the obligor presents evidence which constitutes a defense, the obligor shall request a court hearing. (D) The remedies provided by this article are additional to those remedies provided by the "Uniform Interstate Family Support Act".
S.C. Code Ann. § 63-17-2110 — SC Code / Title 63 / Chapter 17 / Article 15 / Section 63-17-2110
SECTION 63-17-2110. Contents of order.
Status: in_force

To be enforced pursuant to this article, a court order which requires a parent to provide health coverage for a child must: (1) clearly specify: (a) the name, social security number, and last known mailing address, if any, of the parent and the name, social security number, date of birth, and mailing address of each child covered by the order; (b) a reasonable description of the type of coverage to be provided by the plan to each child or the manner in which the type of coverage is to be determined; (c) the period to which the order applies; (d) each plan to which the order applies; and (2) not require a plan to provide a type or form of benefit or an option, not otherwise provided under the plan, except to the extent necessary to meet the requirements of this article.
S.C. Code Ann. § 63-1-45 — SC Code / Title 63 / Chapter 1 / Section 63-1-45
SECTION 63-1-45. Definitions; homeless children and youth.
Status: in_force

For purposes of developing an accurate statewide count of homeless children and youth in this State, the following statewide definitions shall be used: (1) "Unaccompanied homeless youth" means an unaccompanied individual twenty-four years of age or younger who is not in the physical custody of a parent or guardian and lacks a fixed, regular, and adequate nighttime residence and includes: (a) children and youth who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals; (b) children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, such as a car, a park, public spaces, an abandoned building, a bus or train station, or similar settings; or (c) children and youth who live in a supervised publicly or privately owned shelter designated to provide temporary living arrangements or in a transitional housing program or other time-limited housing. "Unaccompanied homeless youth" does not include any individual imprisoned or otherwise detained pursuant to a federal or state law except when a youth is exiting an institution having resided there for ninety days or fewer and meets the criteria in subitems (a), (b), or (c) immediately prior to entering the institution. (2) "Homeless child or youth" means children and youth from birth through twenty-four years of age who lack a fixed, regular, and adequate nighttime residence and includes: (a) children and youth who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals; (b) children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, such as a car, a park, public spaces, an abandoned building, a bus or train station, or similar settings; (c) children and youth who live in a supervised publicly or privately owned shelter designated to provide temporary living arrangements or in a transitional housing program or other time-limited housing; or (d) migratory children as defined in 20 U.S.C. Section 6399, who are legally in the United States, and who qualify as homeless because they are living in circumstances described in subsections (a) through (c). "Homeless youth" does not include any individual imprisoned or otherwise detained pursuant to a federal or state law except when a youth is exiting an institution having resided there for ninety days or less and met the criteria in subitems (a), (b), or (c) immediately prior to entering the institution. (3) "Youth at risk of homelessness" means an individual twenty-four years of age or younger whose status or circumstances indicate a significant danger of experiencing homelessness in the near future and includes: (a) children and youth exiting a publicly funded institution or system of care; (b) children and youth who have previously experienced homelessness; (c) children and youth whose primary caregivers are currently homeless or have previously been homeless; or (d) children and youth who experience serious or sustained conflict with the individual's caregivers that is likely to result in family separation.
S.C. Code Ann. § 63-13-820 — SC Code / Title 63 / Chapter 13 / Article 7 / Section 63-13-820
SECTION 63-13-820. Registration requirements.
Status: in_force

(A) Registration must be completed on forms supplied by the department and in the manner it prescribes. (B) Before becoming a registered operator the applicant shall: (1) sign a statement that he has read the suggested standards developed by the department under Section 63-13-180; (2) furnish the department with a signed statement by each consumer parent verifying that the operator has provided each consumer parent with a copy of the suggested standards for family childcare homes and the procedures for filing complaints; (3) upon request, provide the department with any facts, conditions, or circumstances relevant to the operation of the family childcare home, including references and other information regarding the character of the family childcare home operator. (C) A person applying to become a registered operator of a family childcare home under this section, a person eighteen years of age or older living in the family childcare home, and any person eighteen years of age or older who moves into the family childcare home after the initial application for registration 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 fingerprint-based background checks required by this subsection are required to be repeated every five years. (D) A person fifteen through seventeen years of age living in a family childcare home and any person fifteen through seventeen years of age who moves into a family childcare home after an initial application for registration 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. (E)(1) No applicant may be registered as an operator if the person, an employee, a caregiver, or a person fifteen years of age or older living in the family childcare home has been convicted of an offense included in Section 63-13-40(A)(1). (2) This section does not operate to prohibit registration or renewal 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, caregiver, employee, or to be living in the family daycare home. (F) Application forms for registration 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 included in Section 63-13-40(A)(1) who applies for registration as operator or a person who applies for registration as an operator who has a person fifteen years of age or older living in the family childcare home who has been convicted of a crime included in Section 63-13-40(A)(1) 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) Application forms for registration issued under this chapter by the department and application forms for employment at a family childcare home must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in Section 63-13-40(A)(1) who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, 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. (H) 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 2016 Act No. 263, SECTION 1, in (C), added ", and any person fifteen years of age or older who moves into the family childcare home after the initial application for registration is approved" and made nonsubstantive changes. 2019 Act No. 52, SECTION 8, in (C), rewrote the first sentence, and in the second sentence, substituted "required to be repeated every five years" for "not required upon each renewal"; inserted (D), and redesignated (D) to (F) as (E) to (G); in (E), inserted the (1) identifier, inserted "an offense 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 "included in Section 63-13-40(A)(1)" for "enumerated in subsection (D)" in two places; in (G), substituted "Section 63-13-40(A)(1)" for "this section"; and added (H). 2024 Act No. 195, SECTION 13, in (C), in the first sentence, substituted "fingerprint-based background check" for "fingerprint review" in two places, and in the third sentence, substituted "fingerprint-based background checks" for "fingerprint reviews"; and rewrote (D).
S.C. Code Ann. § 63-17-780 — SC Code / Title 63 / Chapter 17 / Article 5 / Section 63-17-780
SECTION 63-17-780. Objections to notice of responsibility.
Status: in_force

(A) An obligor who objects to a part of the notice of financial responsibility, within thirty days of receipt of the notice, shall make a written request for a court hearing to the division. The request must be served upon the division by certified mail or in the same manner as a summons in a civil action. (B) Upon receipt of a written request for a hearing, the division shall file the written request for a hearing, the notice of financial responsibility, and proof of service with the clerk of court of the county in which the obligor resides or, if the obligor does not reside in the State, with the clerk of court of the county in which the obligee resides and shall request the court to set a hearing for the matter. The clerk of court shall send a notice to the obligor and the division informing them of the date and location of the hearing. If the obligor raises issues relating to custody or visitation and the court has jurisdiction to hear these matters, the court shall set a separate hearing for those issues after entry of the order.
S.C. Code Ann. § 63-15-542 — SC Code / Title 63 / Chapter 15 / Article 5 / Section 63-15-542
SECTION 63-15-542. Modifying or terminating assignment or grant of custodial responsibility to nonparent.
Status: in_force

(A) Except for an order in accordance with Section 63-15-530, or as otherwise provided in subsection (B), and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Sections 521-522, on motion of a deploying parent or other parent or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate a grant of caretaking authority, decision-making authority, or limited contact made pursuant to this article if the modification or termination is consistent with this article and the court finds it is in the best interest of the child. Any modification must be temporary and terminates following the conclusion of deployment of the deployed parent according to the procedures in Subarticle 4, unless the grant has been terminated before that time by court order. (B) On motion of a deploying parent, the court shall terminate a grant of limited contact.
S.C. Code Ann. § 63-17-1810 — SC Code / Title 63 / Chapter 17 / Article 13 / Section 63-17-1810
SECTION 63-17-1810. Definitions.
Status: in_force

As used in this article: (1) "Agency" means the clerk of court of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders. (2) "Child" means any child, whether above or below the age of majority, with respect to whom a support order exists. (3) "Court" means the family court of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders. (4) "Income" means any form of payment to an individual as defined in Section 63-17-1410. (5) "Income derived in this jurisdiction" means any income, the payor of which is subject to the jurisdiction of this State for the purpose of imposing and enforcing income withholding under Section 63-17-1410. (6) "Jurisdiction" means any state or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (7) "Obligee" means any person or entity which is entitled to receive support under an order of support and includes an agency of another jurisdiction to which a person has assigned his right to support. (8) "Obligor" means any person required to make payments under the term of a support order for a child, spouse, or former spouse. (9) "Payor" means any payor of income. (10) "Support order" means an order of a court which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final, whether incidental to a proceeding for divorce, separation, separate maintenance, paternity, guardianship, or otherwise and includes an order providing modification of support payment of an arrearage or reimbursement of support.
S.C. Code Ann. § 63-11-760 — SC Code / Title 63 / Chapter 11 / Article 7 / Section 63-11-760
SECTION 63-11-760. Immunity from liability.
Status: in_force

After participating in a training program of the system for the review of foster care of children, a local review board member is not liable for damages for personal injury as a result of an act or omission in the discharge of his duties as a member if he acts in good faith and his conduct does not constitute gross negligence, recklessness, wilfulness, or wantonness.
S.C. Code Ann. § 63-17-3960 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3960
SECTION 63-17-3960. Modification of convention child-support order.
Status: in_force

(A) A tribunal of this State may not modify a convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless: (1) the obligee submits to the jurisdiction of a tribunal of this State, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or (2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order. (B) If a tribunal of this State does not modify a convention child-support order because the order is not recognized in this State, Section 63-17-3945(C) applies.
S.C. Code Ann. § 63-17-3850 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3850
SECTION 63-17-3850. Enforcement of modification with in-state parties.
Status: in_force

(A) If all of the parties who are individuals reside in this State and the child does not reside in the issuing state, a tribunal of this State has jurisdiction to enforce and to modify the issuing state's child-support order in a proceeding to register that order. (B) A tribunal of this State exercising jurisdiction under this section shall apply the provisions of Parts I and II, this part, and the procedural and substantive law of this State to the proceeding for enforcement or modification. Parts III, IV, V, VII, and VIII do not apply. Effect of Amendment 2015 Act No. 33, SECTION 1, reenacted this section with no change.
S.C. Code Ann. § 63-19-2020 — SC Code / Title 63 / Chapter 19 / Article 19 / Section 63-19-2020
SECTION 63-19-2020. Confidentiality.
Status: repealed

(A) Except as provided herein, all information obtained and records prepared in the discharge of official duty by an employee of the court or department are confidential and must not be disclosed directly or indirectly to anyone, other than the judge, the child's attorney, or others entitled under this chapter or any other provision of law to receive this information, unless otherwise ordered by the court. The court may order the records be disclosed to a person having a legitimate interest and to the extent necessary to respond to that legitimate interest. However, these records are open to inspection without a court order where the records are necessary to defend against an action initiated by a child. (B) The director of the department must develop policies providing for the transmission of necessary and appropriate information to ensure the provision and coordination of services or assistance to a child under the custody or supervision of the department. This information must include that which is required for the admission or enrollment of a child into a program of services, treatment, training, or education. The information may be provided to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization. This information may be summarized in accordance with agency policy. (C) The director is authorized to enter into interagency agreements for purposes of sharing information about children under the supervision or in the custody of the department. The agencies entering into these agreements must maintain the confidentiality of the information. (D) Reports and recommendations produced by the department for the court for the purpose of a dispositional hearing must be disseminated by the agency to the court, the solicitor, and the child's attorney. (E)(1) The department must notify the principal of a school in which a child is enrolled, intends to be enrolled, or was last enrolled upon final disposition of a case in which the child is charged with any of the following offenses: (a) a violent crime, as defined in Section 16-1-60; (b) a crime in which a weapon, as defined in Section 59-63-370, was used; (c) assault and battery against school personnel, as defined in Section 16-3-612; (d) assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity; or (e) distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44. (2) Each school district is responsible for developing a policy for schools within the district to follow to ensure that the confidential nature of a child offense history and other information received is maintained. This policy must provide for, but is not limited to: (a) the retention of the child offense history and other information relating to the child offense history in the child's school disciplinary file or in some other confidential location; (b) the destruction of the child offense history upon the child's completion of secondary school or upon reaching twenty-one years of age; and (c) limiting access to the child's school disciplinary file to school personnel. This access must only occur when necessary and appropriate to meet and adequately address the educational needs of the child. (F) When requested, the department must provide the victim of a crime with the name of the child and the following information retained by the department concerning the child charged with the crime: (1) other basic descriptive information, including but not limited to, a photograph; (2) information about the juvenile justice system; (3) the status and disposition of the delinquency action including hearing dates, times, and locations; (4) services available to victims of child crime; and (5) recommendations produced by the department for the court for the purpose of a dispositional hearing. (G) The department or the South Carolina Law Enforcement Division, or both, must provide to the Attorney General, a solicitor, or a law enforcement agency, upon request, a copy of a child offense history for criminal justice purposes. This information must not be disseminated except as authorized in Section 63-19-2030. The department and the South Carolina Law Enforcement Division must maintain the child offense history of a person for the same period as for offenses committed by an adult. (H) Other information retained by the department may be provided to the Attorney General, a solicitor, or a law enforcement agency pursuant to an ongoing criminal investigation or prosecution. (I) The department may fingerprint and photograph a child upon the filing of a petition, release from detention, release on house arrest, or commitment to a juvenile correctional institution. Fingerprints and photographs taken by the department remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of: (1) aiding the department in apprehending an escapee from the department; (2) assisting the Missing Persons Information Center in the location or identification of a missing or runaway child; (3) locating and identifying a child who fails to appear in court as summoned; (4) locating a child who is the subject of a house arrest order; or (5) as otherwise provided in this section. (J) Nothing in this section shall be construed to waive any statutory or common law privileges attached to the department's internal reports or to information contained in the file of a child under the supervision or custody of the department. Code Commissioner's Note Section 16-3-612, referenced in subsection (E)(1)(c), was repealed by 2010 Act. No. 273, SECTION 7. 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."
S.C. Code Ann. § 63-17-3420 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3420
SECTION 63-17-3420. Proceeding to determine parentage.
Status: in_force

A tribunal of this State authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this article or a law or procedure substantially similar to this article. Part V Enforcement of Support Order Without Registration DERIVATION TABLE Showing the sections in former Chapter 7, Title 20 from which the sections in this part were derived.
S.C. Code Ann. § 63-11-410 — SC Code / Title 63 / Chapter 11 / Article 4 / Section 63-11-410
SECTION 63-11-410. South Carolina Child Abuse and Neglect Network.
Status: in_force

There is created the South Carolina Child Abuse and Neglect Network, a program to provide coordination and administration of medical service resources to those entities responding to cases of suspected child abuse or neglect. The program is administered by the University of South Carolina School of Medicine. Effect of Amendment 2025 Act No. 19, SECTION 1, in the first sentence, substituted "Child Abuse and Neglect Network" for "Children's Advocacy Medical Response System Act".
S.C. Code Ann. § 63-17-3820 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3820
SECTION 63-17-3820. Prerequisites to modification.
Status: in_force

A tribunal of this State may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this State, but the registered support order may be modified only if the requirements of Section 63-17-3830 or 63-17-3850 have been met. Effect of Amendment 2015 Act No. 33, SECTION 1, inserted "support" before "order", and substituted "requirements of Section 63-17-3830 or 63-17-3850 have been met" for "requirements of Section 63-17-3830, 63-17-3850, or 63-17-3870 have been met".
S.C. Code Ann. § 63-9-2250 — SC Code / Title 63 / Chapter 9 / Article 11 / Section 63-9-2250
SECTION 63-9-2250. Visitation, inspections by agreement.
Status: in_force

Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this State or a subdivision thereof as contemplated by item (b) of Subsection 5 of the Interstate Compact on the Placement of Children.
S.C. Code Ann. § 63-7-1210 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1210
SECTION 63-7-1210. Department investigation of institutional abuse.
Status: in_force

(A) The Department of Social Services is authorized to receive and investigate reports of abuse and neglect of children who reside in or receive care or supervision in residential institutions, foster homes, qualified residential treatment programs, and childcare facilities. Responsibility for investigating these entities must be assigned to a unit or units not responsible for selecting or licensing these entities. In no case does the Department of Social Services have responsibility for investigating allegations of abuse and neglect in institutions operated by the Department of Social Services. (B) Foster homes subject to this section are those which are supervised by or recommended for licensing by the department or by child placing agencies. Indicated reports must be based upon a finding that abuse or neglect is supported by a preponderance of the evidence available to the department. (C) The Department of Social Services may initiate proceedings in the circuit court to enjoin the operations of a foster home, an institution, or a child placing agency or to require other corrective action if necessary for the safety of the children. The department shall take whatever steps it considers necessary to inform potential reporters of abuse and neglect of its responsibilities under this section. (D) The Department of Social Services must investigate an allegation of abuse or neglect of a child where the child is in the custody of or a resident of a residential treatment facility or intermediate care facility for persons with intellectual disability licensed by the Department of Health and Environmental Control or operated by the Office of Mental Health. (E) The Department of Social Services has access to facilities for the purpose of conducting investigations and has authority to request and receive written statements, documents, exhibits, and other information pertinent to an investigation including, but not limited to, hospital records. The appropriate officials, agencies, departments, and political subdivisions of the State must assist and cooperate with the court and the Department of Social Services in furtherance of the purposes of this section. (F) The Department of Social Services may file with the family court an affidavit and a petition to support issuance of a warrant at any time during an investigation. The family court must issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the premises of the child, to inspect the premise where the child may be located or may reside, and to obtain copies of medical, school, or other records necessary for investigation of the allegations of abuse or neglect. (G) The department shall promulgate regulations consistent with this authority. The regulations shall cover at a minimum investigation of reports, notice to the institutions and sponsoring agencies, and remedial action. 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. Pursuant to 2011 Act No. 47, SECTION 14(B), the Code Commissioner substituted "intellectual disability" for "mentally retarded" and "person with intellectual disability" or "persons with intellectual disability" for "mentally retarded". Effect of Amendment 2021 Act No. 24, SECTION 2, in (A), in the first sentence, inserted "qualified residential treatment programs,".
S.C. Code Ann. § 63-17-1570 — SC Code / Title 63 / Chapter 17 / Article 11 / Section 63-17-1570
SECTION 63-17-1570. Additional rights and remedies.
Status: in_force

The rights, remedies, duties, and penalties created by this article are in addition to any other rights, remedies, duties, and penalties otherwise provided by law. Editor's Note The State Disbursement Unit is to be implemented in accordance with Section 63-17-610. See 2008 Act No. 332, SECTION 8 referencing this section as enacted in Chapter 7 of Title 20.
S.C. Code Ann. § 63-15-510 — SC Code / Title 63 / Chapter 15 / Article 5 / Section 63-15-510
SECTION 63-15-510. Notification required for change of address.
Status: in_force

(A) Except as otherwise provided in subsection (B), an individual to whom custodial responsibility has been assigned or granted during deployment pursuant to Subarticle 2 or 3 shall notify the deploying parent and any other individual with custodial responsibility of any change of mailing address or residence until the assignment or grant is terminated. The individual shall provide the notice to any court that has issued an existing custody or child support order concerning the child. (B) If an existing court or order prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been assigned or granted, a notification of change of mailing address or residence pursuant to subsection (A) may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been assigned or granted.
S.C. Code Ann. § 63-5-645 — SC Code / Title 63 / Chapter 5 / Article 6 / Section 63-5-645
SECTION 63-5-645. Manner of creating custodial property and effecting transfer; designation of initial custodian; control.
Status: in_force

(a) Custodial property is created and a transfer is made whenever: (1) an uncertificated security or a certificated security in registered form is either: (i) registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for __________ (name of minor) under the South Carolina Uniform Transfers to Minors Act"; or (ii) delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (b); (2) money is paid or delivered, or a security held in the name of a broker, financial institution, or its nominee is transferred, to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for __________ (name of minor) under the South Carolina Uniform Transfers to Minors Act"; (3) the ownership of a life or endowment insurance policy or annuity contract is either: (i) registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for __________ (name of minor) under the South Carolina Uniform Transfers to Minors Act"; or (ii) assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: "as custodian for _________ (name of minor) under the South Carolina Uniform Transfers to Minors Act"; (4) an irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words: "as custodian for __________ (name of minor) under the South Carolina Uniform Transfers to Minors Act"; (5) an interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for __________ (name of minor) under the South Carolina Uniform Transfers to Minors Act"; (6) a certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either: (i) issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for __________ (name of minor) under the South Carolina Uniform Transfers to Minors Act"; or (ii) delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: "as custodian for __________ (name of minor) under the South Carolina Uniform Transfers to Minors Act"; or (7) an interest in any property not described in items (1) through (6) is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (b). (b) An instrument in the following form satisfies the requirements of items (1)(ii) and (7) of subsection (a): "TRANSFER UNDER THE SOUTH CAROLINA UNIFORM TRANSFERS TO MINORS ACT I, __________ (name of transferor or name and representative capacity if a fiduciary) hereby transfer to __________ (name of custodian), as custodian for __________ (name of minor) under the South Carolina Uniform Transfers to Minors Act, the following: (insert a description of the custodial property sufficient to identify it). Dated: __________ __________________________________________________ (Signature) __________ (name of custodian) acknowledges receipt of the property described above as custodian for the minor named above under the South Carolina Uniform Transfers to Minors Act. Dated: __________ __________________________________________________ (Signature of Custodian)" (c) A transferor shall place the custodian in control of the custodial property as soon as practicable.
S.C. Code Ann. § 63-13-210 — SC Code / Title 63 / Chapter 13 / Article 1 / Section 63-13-210
SECTION 63-13-210. Notice to parents that childcare business does not carry liability insurance.
Status: in_force

(A) An owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 63-13-20, who does not carry liability insurance for the operation of his childcare business, shall, by no later than January 1, 2009, obtain signed statements from the custodial parent or parents or guardian or guardians of each child currently enrolled in the childcare center, group childcare home, or family childcare home indicating that the parent or parents or guardian or guardians have received notice that the childcare center, group childcare home, or family childcare home does not carry liability insurance for the operation of its childcare business. The owner or operator of a childcare center, group childcare home, or family childcare home must maintain a file of these signed statements at the home during the period of time a child is enrolled. For new enrollees to a childcare center, group childcare home, or family childcare home, the owner or operator must provide the parent or parents or guardian or guardians of a new enrollee with this information at the time of enrollment, obtain a signed statement from each parent or guardian at the time of enrollment, and maintain these signed statements at the home during the period of time a child is enrolled. (B) If an owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 63-13-20, has liability insurance for the operation of his childcare business that lapses or is canceled and not reinstated or replaced, the owner or operator shall obtain and maintain statements in accordance with subsection (A) from the custodial parent or parents or guardian or guardians of each child enrolled in the childcare center, group childcare home, or family childcare home no later than thirty days after the liability insurance lapses or is canceled. (C) The department shall send a letter to each childcare center, group childcare home, and family childcare home licensed or registered as of June 30, 2008, with the department informing each home of the requirements of subsections (A) and (B), that each home must comply with these requirements by no later than January 1, 2009, and that compliance is a requirement for initial licensure and a continuing annual requirement for relicensure. For childcare centers, group childcare homes, and family childcare homes licensed or registered after June 30, 2008, the department shall provide the information contained in subsections (A) and (B) at the time the childcare center, group childcare home, or family childcare home applies for a license or registration.
S.C. Code Ann. § 63-19-470 — SC Code / Title 63 / Chapter 19 / Article 3 / Section 63-19-470
SECTION 63-19-470. Sale of goods prohibited.
Status: in_force

It is unlawful to sell or offer for sale on the open market of this State goods, wares, or merchandise manufactured or produced wholly or in part by juvenile offenders in this or another state. However, this subsection does not apply to: (1) articles produced by juveniles on parole or probation or in community supervision; (2) products sold by the Department of Juvenile Justice made by juveniles in its arts and crafts programs; (3) articles or products sold to nonprofit corporations incorporated under Article 1, Chapter 31, Title 33 or to organizations operating in this State which have been granted an exemption under Section 501(c) of the Internal Revenue Code of 1986; (4) articles or products made in the Youth Industries Program pursuant to Section 63-19-450, through contracts with private sector businesses which provide work and vocational training opportunities for juvenile offenders with physical or mental disabilities or who are persons with intellectual disability if the compensation is paid by the private sector business to the juvenile offender on a piece rate basis; (5) products sold intrastate or interstate produced by juveniles employed in the Youth Industries Program; (6) services provided by juveniles in the Youth Industries Program including, but not limited to, restoration and reconditioning activities, the packaging and handling of goods, wares, or merchandise, or the dismantling and reassembling of products. Code Commissioner's Note Pursuant to 2011 Act No. 47, SECTION 14(B), the Code Commissioner substituted "intellectual disability" for "mentally retarded" and "person with intellectual disability" or "persons with intellectual disability" for "mentally retarded".
S.C. Code Ann. § 63-3-640 — SC Code / Title 63 / Chapter 3 / Article 5 / Section 63-3-640
SECTION 63-3-640. Post conviction proceedings.
Status: in_force

Post conviction proceedings, including habeas corpus actions, shall be instituted in the court in which the original action was concluded; provided, however, that the family courts shall also have original jurisdiction of habeas corpus actions if the person who is the subject of the action would otherwise be within the jurisdiction of the family court.
S.C. Code Ann. § 63-15-300 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-300
SECTION 63-15-300. Citation.
Status: in_force

This article may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act".
S.C. Code Ann. § 63-9-1340 — SC Code / Title 63 / Chapter 9 / Article 3 / Section 63-9-1340
SECTION 63-9-1340. Children's Bureau transferred; monitoring placements.
Status: in_force

(A) The General Assembly finds that there should no longer be two public adoption agencies in South Carolina and that a single system within a comprehensive children's services agency is needed to assure that public adoption services are provided in the most effective and efficient manner. Therefore, the functions of the Children's Bureau of South Carolina are transferred to the adoption program within the Department of Social Services. (B) The public adoption agency shall monitor and evaluate all public placements so as to insure that placements are suitable and in the best interests of the child. Any administrative costs savings accrued through the establishment of a single public adoptive system must be directed into the provision of adoption services.
S.C. Code Ann. § 63-5-70 — SC Code / Title 63 / Chapter 5 / Article 1 / Section 63-5-70
SECTION 63-5-70. Unlawful conduct toward a child.
Status: in_force

(A) It is unlawful for a person who has charge or custody of a child, or who is the parent or guardian of a child, or who is responsible for the welfare of a child as defined in Section 63-7-20 to: (1) place the child at unreasonable risk of harm affecting the child's life, physical or mental health, or safety; (2) do or cause to be done unlawfully or maliciously any bodily harm to the child so that the life or health of the child is endangered or likely to be endangered; or (3) wilfully abandon the child. (B) A person who violates subsection (A) is guilty of a felony and for each offense, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.
S.C. Code Ann. § 63-9-1120 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-1120
SECTION 63-9-1120. Adult adoption.
Status: in_force

An adult person may be adopted by another adult person with the consent of the person to be adopted or his guardian and with the consent of the spouse, if any, of a sole adoptive parent, filed in writing with the court. The provisions of Section 62-2-109 and Sections 63-9-30 through 63-9-760, excluding Section 63-9-740, do not apply to the adoption of an adult person. A petition for the adoption must be filed with the family court in the county where the adoptive parents reside. After a hearing on the petition and after those investigations as the court considers advisable, if the court finds that it is in the best interests of the persons involved, a decree of adoption may be entered which has the legal consequences stated in Section 62-2-109.
S.C. Code Ann. § 63-17-330 — SC Code / Title 63 / Chapter 17 / Article 3 / Section 63-17-330
SECTION 63-17-330. Temporary order for support pending paternity.
Status: in_force

The court shall issue, upon motion of either party, a temporary order requiring the payment of child support pending an administrative or judicial determination of parentage if: (1) the defendant has signed a verified voluntary acknowledgment of paternity which complies with the requirements of Section 63-17-60(A)(4); (2) the defendant has been determined pursuant to law to be the parent; or (3) there is other clear and convincing evidence that the defendant is the child's parent.
S.C. Code Ann. § 63-17-480 — SC Code / Title 63 / Chapter 17 / Article 3 / Section 63-17-480
SECTION 63-17-480. Social Security numbers.
Status: in_force

An administrative or judicial order which includes a determination of paternity or a provision for child support shall set forth the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of both parents.
S.C. Code Ann. § 63-5-650 — SC Code / Title 63 / Chapter 5 / Article 6 / Section 63-5-650
SECTION 63-5-650. Single custodianship.
Status: in_force

A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this article by the same custodian for the benefit of the same minor constitutes a single custodianship.
S.C. Code Ann. § 63-19-1850 — SC Code / Title 63 / Chapter 19 / Article 17 / Section 63-19-1850
SECTION 63-19-1850. Conditional release; search and seizure.
Status: in_force

Text of (A) effective July 1, 2019. See Editor's Note for contingency. (A) A juvenile who shall have been conditionally released from a correctional facility shall remain under the authority of the releasing entity until the expiration of the specified term imposed in the juvenile's conditional aftercare release. The specified period of conditional release may expire before but not after the twenty-second birthday of the juvenile. Each juvenile conditionally released is subject to the conditions and restrictions of the release and may at any time on the order of the releasing entity be returned to the custody of a correctional institution for violation of aftercare rules or conditions of release. The conditions of release must include the requirement that the juvenile parolee must permit the search or seizure, without a search warrant, with or without cause, of the juvenile parolee's person, any vehicle the juvenile parolee owns or is driving, and any of the juvenile parolee's possessions by: (1) his aftercare counselor; (2) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (3) any other law enforcement officer. However, the conditions of release of a juvenile parolee who was adjudicated delinquent of a Class C misdemeanor or an unclassified misdemeanor that carries a term of imprisonment of not more than one year may not include the requirement that the juvenile parolee agree to be subject to search or seizure, without a search warrant, with or without cause, of the juvenile parolee's person, any vehicle the juvenile parolee owns or is driving, or any of the juvenile parolee's possessions. By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment. Immediately before each search or seizure conducted pursuant to this subsection, the law enforcement officer seeking to conduct the search or seizure must verify with the Department of Probation, Parole and Pardon Services or by any other means available to the officer that the individual upon whom the search or seizure will be conducted is currently on parole or probation or that the individual is currently subject to the provisions of his conditional release. A law enforcement officer conducting a search or seizure without a warrant pursuant to this subsection shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant must be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation. If the law enforcement officer fails to report each search or seizure pursuant to this subsection, he is subject to discipline pursuant to the employing agency's policies and procedures. (B) As a condition of release, the releasing entity may enforce participation in restitution, work ordered by the court, and community service programs established or approved by the Department of Juvenile Justice. Editor's Note 2010 Act No. 151, SECTIONS 2 and 16, provide: "SECTION 2. It is the intent of the General Assembly of South Carolina to provide law enforcement officers with the statutory authority to reduce recidivism rates of probationers and parolees, apprehend criminals, and protect potential victims from criminal enterprises." "SECTION 16. In any instance in which a law enforcement officer has failed to make the reports necessary to the State Law Enforcement Division for warrantless searches, then in the absence of a written policy by the employing agency enforcing the reporting requirements, the otherwise applicable state-imposed, one-day suspension without pay applies." 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 2010 amendment in subsection (A) added the text following the third sentence. 2016 Act No. 268, SECTION 8, in (A), substituted "the twenty-second birthday" for "the twenty-first birthday".
S.C. Code Ann. § 63-17-3530 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3530
SECTION 63-17-3530. Multiple income-withholding orders.
Status: in_force

If an obligor's employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child-support obligees. Effect of Amendment 2015 Act No. 33, SECTION 1, reenacted this section with no change.
S.C. Code Ann. § 63-19-1860 — SC Code / Title 63 / Chapter 19 / Article 17 / Section 63-19-1860
SECTION 63-19-1860. Conditional release violation.
Status: in_force

(A) At any time during the period of conditional release, an aftercare counselor or the counselor's supervisor or a probation or parole agent may issue or cause to be issued a warrant for the juvenile to be taken into custody for violating any of the conditions of the release. A police officer or other officer with power to arrest, upon request of an aftercare counselor or a probation or parole agent, may take the juvenile into custody. The arresting officer shall obtain a warrant signed by the aftercare counselor or a probation or parole agent setting forth that the juvenile, in the counselor's judgment, violated the conditions of the release which is authority for the detention of the juvenile in an appropriate place of detention. If an aftercare release revocation is necessary, the aftercare counselor or a probation or parole agent shall submit in writing a thorough report to the releasing entity, showing in what manner the delinquent juvenile has violated the conditional release. A juvenile returned to the custody of a correctional school by aftercare revocation shall have a hearing or review of the juvenile's case by the releasing entity. The releasing entity is the final authority to determine whether or not the juvenile failed to abide by the aftercare rules and conditions of release. (B) An aftercare counselor or probation or parole agent 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 power, when commissioned by the department, to take a juvenile conditionally released from the custody of the department and subject to the jurisdiction of the releasing entity into custody upon the issuance of a warrant for violating the conditions of his release. Effect of Amendment 2014 Act No. 225, SECTION 4, in subsection (B), 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. § 63-11-1980 — SC Code / Title 63 / Chapter 11 / Article 19 / Section 63-11-1980
SECTION 63-11-1980. Confidentiality of meetings.
Status: in_force

(A) Meetings of the committee and department are closed to the public and are not subject to Chapter 4, Title 30, the Freedom of Information Act, when the committee and department are discussing individual cases of child deaths. (B) Except as provided in subsection (C), meetings of the committee are open to the public and subject to the Freedom of Information Act when the committee is not discussing individual cases of child deaths. (C) Information identifying a deceased child or a family member, guardian, or caretaker of a deceased child, or an alleged or suspected perpetrator of abuse or neglect upon a child may not be disclosed during a public meeting and information regarding the involvement of any agency with the deceased child or family may not be disclosed during a public meeting. (D) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned not more than six months, or both.
S.C. Code Ann. § 63-15-536 — SC Code / Title 63 / Chapter 15 / Article 5 / Section 63-15-536
SECTION 63-15-536. Nature of authority created by order.
Status: in_force

(A) A grant made pursuant to this subarticle is temporary and terminates pursuant to Subarticle 4 following the return from deployment of the deployed parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted. (B) A nonparent granted caretaking authority, decision-making authority, or limited contact pursuant to this article has standing to enforce the grant until it is terminated pursuant to Subarticle 4 or by court order.
S.C. Code Ann. § 63-17-1060 — SC Code / Title 63 / Chapter 17 / Article 7 / Section 63-17-1060
SECTION 63-17-1060. Out-of-compliance procedures; notice.
Status: in_force

(A) The division shall review the information received pursuant to Section 63-17-1050 and determine if a licensee is out of compliance with an order for support. If a licensee is out of compliance with the order for support, the division shall notify the licensee that forty-five days after the licensee receives the notice of being out of compliance with the order, the licensing entity will be notified to revoke the licensee's license unless the licensee pays the arrearage owing under the order or signs a consent agreement establishing a schedule for the payment of the arrearage. (B) Upon receiving the notice provided for in subsection (A), the licensee may: (1) request a review with the division; however, issues the licensee may raise at the review are limited to whether the licensee is the individual required to pay under the order for support and whether the licensee is out of compliance with the order of support; or (2) request to participate in negotiations with the division for the purpose of establishing a payment schedule for the arrearage. (C) The division director or the division director's designees are authorized to and upon request of a licensee shall negotiate with a licensee to establish a payment schedule for the arrearage. Payments made under the payment schedule are in addition to the licensee's ongoing obligation under the order for support. (D) Upon the division and the licensee reaching an agreement on a schedule for payment of the arrearage, the director shall file an agreement and order pursuant to Section 63-17-750(A) and (B) with the family court in the county in which the order for support was issued. The clerk shall stamp the date of receipt of the agreement and order and shall file it under the docket number of the order of support. The agreement and order shall have all the force, effect, and remedies of an order of the court including, but not limited to, wage assignment and contempt of court. (E) If the licensee and the division do not reach an agreement establishing a schedule for payment of the arrearage, the licensee may petition the court to establish a payment schedule. However, this action does not stay the license revocation procedures. (F) The notification given a licensee that the licensee's license will be revoked in forty-five days clearly must state the remedies and procedures available to a licensee under this section. (G) If at the end of the forty-five days the licensee still has an arrearage owing under the order for support or the licensee has not signed a consent agreement establishing a payment schedule for the arrearage, the division shall notify the licensing entity to revoke the licensee's license. A license only may be reinstated if the division notifies the licensing entity that the licensee no longer has an arrearage or that the licensee has signed a consent agreement. (H) Review with the division under this section is the licensee's sole remedy to prevent revocation of his or her license. The licensee has no right to appeal the revocation with the licensing entity. (I) If a licensee under a consent order entered into pursuant to this section, for the payment of an arrearage subsequently is out of compliance with an order for support, the division immediately may notify the licensing entity to revoke the license and the procedures provided for under subsection (B) do not apply; however the appeal provisions of subsection (H) apply. If upon revocation of the license the licensee subsequently enters into a consent agreement or the licensee otherwise informs the department of compliance, the department shall notify the licensing entity within fourteen days of the determination of compliance and the license must be reissued. (J) Notice required to the licensee under this section must be deposited in the United States mail with postage prepaid and addressed to the licensee at the last known address. The giving of the notice is considered complete ten days after the deposit of the notice. A certificate that the notice was sent in accordance with this article creates a presumption that the notice requirements have been met even if the notice has not been received by the licensee. (K) Nothing in this section prohibits a licensee from filing a petition for a modification of a support order or for any other applicable relief. However, no such petition stays the license revocation procedure. (L) If a license is revoked under this section, the licensing entity is not required to refund any fees paid by a licensee in connection with obtaining or renewing a license, and any fee required to be paid to the licensing entity for reinstatement after a license revocation applies. The division will indemnify the applicable licensing entity from any consequences that may result from the revocation of the licensee's license.
S.C. Code Ann. § 63-9-2220 — SC Code / Title 63 / Chapter 9 / Article 11 / Section 63-9-2220
SECTION 63-9-2220. "Appropriate public authorities" defined.
Status: in_force

The "appropriate public authorities" as used in Subsection 3 of the Interstate Compact on the Placement of Children, with reference to this State, means the South Carolina Department of Social Services for adoptive and foster care purposes. The department shall receive and act with reference to notices required by Subsection 3.
S.C. Code Ann. § 63-19-2440 — SC Code / Title 63 / Chapter 19 / Article 23 / Section 63-19-2440
SECTION 63-19-2440. Beer and wine purchase, consumption, or possession.
Status: in_force

(A) It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess beer, ale, porter, wine, or other similar malt or fermented beverage. Possession is prima facie evidence that it was knowingly possessed. Notwithstanding another provision of law, if the law enforcement officer has probable cause to believe that a person is under age twenty-one and has consumed alcohol, the law enforcement officer or the person may request that the person submit to any available alcohol screening test using a device approved by the State Law Enforcement Division. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days, or both. (B) A person who violates the provisions of this section also is required to successfully complete a DAODAS approved alcohol prevention education or intervention program. The program must be a minimum of eight hours and the cost to the person may not exceed one hundred fifty dollars. (C) A person eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages is not considered to be in unlawful possession of the beverages during the course and scope of his duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age. (D) This section does not apply to an employee lawfully engaged in the sale or delivery of these beverages in an unopened container. (E) The provisions of this section do not apply to a student who: (1) is eighteen years of age or older; (2) is enrolled in an accredited college or university and a student in a culinary course that has been approved through review by the State Commission on Higher Education; (3) is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and (4) tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university. The beverage must remain at all times in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection may be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum. (F) The provisions of this section do not apply to a person under the age of twenty-one who is recruited and authorized by a law enforcement agency to test an establishment's compliance with laws relating to the unlawful transfer or sale of beer or wine to a minor. The testing must be under the direct supervision of a law enforcement agency, and the agency must have the person's parental consent.
S.C. Code Ann. § 63-15-362 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-362
SECTION 63-15-362. Modification pending out-of-state.
Status: in_force

If a proceeding for enforcement under this subarticle is commenced in a court of this State and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Subarticle 2, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
S.C. Code Ann. § 63-15-368 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-368
SECTION 63-15-368. Physical custody of child.
Status: in_force

(A) Unless the court issues a temporary emergency order pursuant to Section 63-15-336, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent 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 of a state having jurisdiction to do so under Subarticle 2; or (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 63-15-358 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subarticle 2. (B) The court shall award the fees, costs, and expenses authorized under Section 63-15-372 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate. (C) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal. (D) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this article.
S.C. Code Ann. § 63-17-1490 — SC Code / Title 63 / Chapter 17 / Article 11 / Section 63-17-1490
SECTION 63-17-1490. Obligee's public aid status.
Status: in_force

An obligee who is a recipient of public aid must send a copy of any notice of delinquency filed pursuant to Section 63-17-1440 to the Division of Child Support of the South Carolina Department of Social Services.
S.C. Code Ann. § 63-15-532 — SC Code / Title 63 / Chapter 15 / Article 5 / Section 63-15-532
SECTION 63-15-532. Grant of caretaking or decision-making authority to nonparent.
Status: in_force

(A) On the motion of a deploying parent and in accordance with the law of this State other than this article, a court may grant caretaking authority of a child to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship if it is in the best interest of the child. (B) Unless the grant of caretaking authority to a nonparent under subsection (A) is agreed to by the other parent, the grant is limited to an amount of time not greater than: (1) the time granted to the deploying parent in an existing permanent custody order, except that the court may add unusual travel time necessary to transport the child; or (2) in the absence of an existing permanent custody order, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, except that the court may add unusual travel time necessary to transport the child. (C) A court may grant part of the deploying parent's decision-making authority for a child to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship if the deploying parent is unable to exercise that authority. When a court grants the authority to a nonparent, the court shall specify the decision-making power that will and will not be granted, including applicable health, educational, and religious decisions.
S.C. Code Ann. § 63-7-2000 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-2000
SECTION 63-7-2000. Retention and disclosure of records of unfounded cases.
Status: in_force

(A) Notwithstanding other provisions of the law affecting confidentiality of child protective services records and use and disclosure of records of unfounded cases, records concerning unfounded reports must be retained and disclosed as provided in this section. (B) The alleged perpetrator in an unfounded report who has reason to believe that the report was made maliciously or in bad faith has the right to request in writing that records of the report be retained by the department for up to two years from the date of the case decision. The written request must be received by the department within thirty days of the person's receiving notice of the case decision. A person exercising this right may request a copy of the record of the unfounded case and the department shall provide a copy of the record, subject to subsection (C). (C) The department shall disclose to persons exercising the rights afforded them under this section whether the report was made anonymously. However, the identity of a reporter must not be made available to the person except by order of the family court. (D) An alleged perpetrator in an unfounded case who believes the report was made maliciously or in bad faith may petition the family court to determine whether there is probable cause to believe that the reporter acted maliciously or in bad faith. The court shall determine probable cause based on an in camera review of the case record and oral or written argument, or both. If the court finds probable cause, the identity of the reporter must be disclosed to the moving party. (E) Notwithstanding other provisions of the law affecting confidentiality of child protective services records and use and disclosure of records of unfounded cases, a court conducting civil or criminal proceedings resulting from disclosures authorized by this section may order the department to release the record to any party to the case or the law enforcement. (F) The department is authorized to release a summary of the allegations and outcome of an investigation for unfounded cases regarding a child and family to a South Carolina Children's Advocacy Medical Response System child abuse health care provider or his designee for evaluation of the child for suspected abuse or neglect. Effect of Amendment 2015 Act No. 75, SECTION 4, added (F).
S.C. Code Ann. § 63-17-3720 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3720
SECTION 63-17-3720. Contesting validity of order.
Status: in_force

(A) A nonregistering party seeking to contest the validity or enforcement of a registered order in this State shall request a hearing within twenty days after notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Section 63-17-3730. (B) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law. (C) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. Effect of Amendment 2015 Act No. 33, SECTION 1, reenacted this section with no change.
S.C. Code Ann. § 63-15-680 — SC Code / Title 63 / Chapter 15 / Article 6 / Section 63-15-680
SECTION 63-15-680. Duration of abduction prevention order.
Status: in_force

An abduction prevention order remains in effect until the earliest of: (1) the time stated in the order; (2) the emancipation of the child; (3) the child's attaining eighteen years of age; or (4) time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under Sections 63-15-330, 63-15-332, and 63-15-334.
S.C. Code Ann. § 63-11-550 — SC Code / Title 63 / Chapter 11 / Article 5 / Section 63-11-550
SECTION 63-11-550. Confidentiality of records and information.
Status: in_force

(A) All reports and information collected pursuant to this article maintained by the South Carolina Guardian ad Litem Program, or a county Guardian ad Litem Program operating pursuant to Section 63-11-500(B) or by a guardian ad litem, are confidential. A person who disseminates or permits the unauthorized dissemination of the information is guilty of contempt of court and, upon conviction, may be fined or imprisoned, or both, pursuant to Section 63-3-620. The appointed guardian ad litem may share reports and information collected with the county's Guardian ad Litem Program staff, the Guardian ad Litem Division, and the State Child Advocate. (B) The name, address, and other identifying characteristics of a person named in a report determined to be judicially unfounded must be destroyed one year from the date of the determination. The name, address, and other identifying characteristics of any person named in a report determined to be judicially indicated must be destroyed seven years from the date that the guardian ad litem formally is relieved of responsibility as guardian ad litem by the family court. (C) The director of the South Carolina Guardian ad Litem Program or the director's designee, or the chief administrator of a county guardian ad litem program operating pursuant to Section 63-11-500(B), may disclose to the media information contained in child protective services records, if disclosure is limited to discussion of the program's activities in handling the case. The program may incorporate into its discussion of the handling of the case any information placed in the public domain by other public officials, a criminal prosecution, the alleged perpetrator or the attorney for the alleged perpetrator, 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. Effect of Amendment The 2009 amendment, in subsection (A), added in the first sentence "or by a guardian ad litem,". 2025 Act No. 8, SECTION 2, in (A), in the first sentence, deleted "except as provided for in â 63-7-1990(C)" from the end, added the last sentence, and made nonsubstantive changes.
S.C. Code Ann. § 63-9-790 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-790
SECTION 63-9-790. Amended birth certificates.
Status: in_force

(A) For each adoption handled through a child placing agency as defined in Section 63-9-30, the attorney for the petitioner shall, within fifteen days of the filing of the final decree, transmit to the appropriate agency a certified copy of the adoption decree and a Certificate of Adoption with Part II completed and verified by the adoptive parent and Part III certified by the clerk of court. The agency shall complete Part I of the Certificate of Adoption and transmit the form to the State Registrar of Vital Statistics within thirty days of the filing of the final decree. (B) For other adoptions, the attorney for the petitioner shall complete Parts I and II of the Certificate of Adoption form provided by the State Registrar of Vital Statistics and file with the clerk of court at the time of filing of the final decree. The clerk of court shall certify Part III of the Certificate of Adoption and transmit the form to the State Registrar within thirty days of the filing of the final decree. (C) In the case of a person who was born in a foreign country and who was not a United States citizen at birth, the court shall require evidence from sources determined to be reliable by the court as to the date and place of birth of the person and shall set forth in the order of the court the date and place of birth as established by the evidence. The court order and evidence submitted to the court must be attached to the Certificate of Adoption and transmitted to the State Registrar. (D) The Certificate of Adoption form provided by the State Registrar must not be used in conjunction with any legal procedure affecting a birth certificate other than adoption. (E) The State Registrar, upon receipt of a certified Certificate of Adoption, shall take action as provided by Section 44-63-140 with respect to the issuance and filing of an amended certificate.