S.C. Code Ann. § 63-17-1840 — SC Code / Title 63 / Chapter 17 / Article 13 / Section 63-17-1840
SECTION 63-17-1840. Out-of-state order on in-state obligor.
Status: in_force

(A) Upon receiving a support order of another jurisdiction with the documentation specified in subsection (B) of this section from an agency of another jurisdiction an obligee, an obligor, or an attorney for either, the clerk of court shall enter this order. (B) The following documentation is required for the entry of a support order of another jurisdiction: (1) a certified copy of the support order with all modifications; (2) a certified copy of an income withholding order, if any, still in effect; (3) a copy of the portion of the income withholding statute of the jurisdiction which issued the support order which states the requirements for obtaining income withholding under the law of that jurisdiction; (4) a sworn statement of the obligee or certified statement of the agency of the arrearages and the assignment of support rights, if any; (5) a statement of: (a) the name, address, and social security number of the obligor, if known; (b) the name and address of the obligor's employer or of any other source of income of the obligor derived in this State against which income withholding is sought; (c) the name and address of the agency or person to whom support payments collected by income withholding must be transmitted. (C) If the documentation received by the clerk of court under subsection (A) of this section does not conform to the requirements of subsection (B) of this section, the clerk of court shall remedy any defect which it can without the assistance of the requesting agency or person. If the clerk of court is unable to make such corrections, the requesting agency, or person, shall immediately be notified of the necessary additions or corrections. The clerk of court shall accept the documentation required by subsections (A) and (B) of this section even if it is not in the usual form required by state or local rules, so long as the substantive requirements of these subsections are met. (D) A support order entered under subsection (A) of this section is enforceable by income withholding against income derived in this State in the manner and with the effect as set forth in Sections 63-17-1850 through 63-17-1920 and in Article 11. Entry of the order does not confer jurisdiction on the courts of this State for any purpose other than income withholding.
S.C. Code Ann. § 63-19-320 — SC Code / Title 63 / Chapter 19 / Article 3 / Section 63-19-320
SECTION 63-19-320. Director; removal of director; bond.
Status: in_force

(A) The Governor shall appoint a director of the department with the advice and consent of the Senate who shall possess qualifications necessary to manage the affairs of the department. If a vacancy occurs in the office when the Senate is not in session, the Governor may appoint a director to fill the vacancy until the Senate acts upon the appointment. (B) The director is subject to removal by the Governor as provided for in Section 1-3-240. (C) The director must execute a good and sufficient bond payable to the State in the sum of fifty thousand dollars, conditioned for the faithful performance of the duties of the director's office and the accurate accounting for all monies and property coming into the director's hands. The bond must be executed by a surety company authorized to do business under the laws of this State, and the premium on the bond must be paid by the State out of the department's appropriations.
S.C. Code Ann. § 63-17-1090 — SC Code / Title 63 / Chapter 17 / Article 7 / Section 63-17-1090
SECTION 63-17-1090. Regulations.
Status: in_force

The State Department of Social Services shall promulgate regulations necessary to carry out this article and shall consult with licensing entities in developing these regulations.
S.C. Code Ann. § 63-3-850 — SC Code / Title 63 / Chapter 3 / Article 7 / Section 63-3-850
SECTION 63-3-850. Compensation.
Status: in_force

(A) At the time of appointment of a guardian ad litem, the family court judge must set forth the method and rate of compensation for the guardian ad litem, including an initial authorization of a fee based on the facts of the case. If the guardian ad litem determines that it is necessary to exceed the fee initially authorized by the judge, the guardian must provide notice to both parties and obtain the judge's written authorization or the consent of both parties to charge more than the initially authorized fee. (B) A guardian appointed by the court is entitled to reasonable compensation, subject to the review and approval of the court. In determining the reasonableness of the fees and costs, the court must take into account: (1) the complexity of the issues before the court; (2) the contentiousness of the litigation; (3) the time expended by the guardian; (4) the expenses reasonably incurred by the guardian; (5) the financial ability of each party to pay fees and costs; and (6) any other factors the court considers necessary. (C) The guardian ad litem must submit an itemized billing statement of hours, expenses, costs, and fees to the parties and their attorneys pursuant to a schedule as directed by the court. (D) At any time during the action, a party may petition the court to review the reasonableness of the fees and costs submitted by the guardian ad litem or the attorney for the guardian ad litem.
S.C. Code Ann. § 63-17-1900 — SC Code / Title 63 / Chapter 17 / Article 13 / Section 63-17-1900
SECTION 63-17-1900. Amendment of withholding order.
Status: in_force

(A) The clerk of court, upon receiving a certified copy of any amendment or modification to a support order entered pursuant to Section 63-17-1840, shall initiate, as though it were a support order of this State, necessary procedures to amend or modify the order to withhold of this State which was based upon the entered support order. The court shall amend or modify the order to withhold to conform to the modified support order. (B) If the clerk of court determines that the obligor has obtained employment in another state or has a new or additional source of income in another state, he shall notify the agency which requested the income withholding of the changes and shall forward to that agency all information it has or can obtain with respect to the obligor's new address and the name and address of the obligor's new employer or other source of income. The clerk of court shall include with the notice a certified copy of the order to withhold in effect in this State.
S.C. Code Ann. § 63-7-1620 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1620
SECTION 63-7-1620. Legal representation of children.
Status: in_force

In all child abuse and neglect proceedings: (1) Children must be appointed a guardian ad litem by the family court. A guardian ad litem serving on behalf of the South Carolina Guardian ad Litem Program or Richland County CASA must be represented by legal counsel in any judicial proceeding pursuant to Section 63-11-530(C). (2) The family court may appoint legal counsel for the child. Counsel for the child may not be the same as counsel for: (a) the parent, legal guardian, or other person subject to the proceeding; (b) any governmental or social agency involved in the proceeding; (c) the child's guardian ad litem. (3) Parents, legal guardians, or other persons subject to any judicial proceeding are entitled to legal counsel. Those persons unable to afford legal representation must be appointed counsel by the family court. (4) The interests of the State and the Department of Social Services must be represented by the legal representatives of the Department of Social Services in any judicial proceeding. Effect of Amendment The 2010 amendment rewrote this section.
S.C. Code Ann. § 63-9-1800 — SC Code / Title 63 / Chapter 9 / Article 7 / Section 63-9-1800
SECTION 63-9-1800. Benefits to substitute caregivers.
Status: in_force

Supplemental benefits may not end solely because the death or disability of the adoptive parents requires placement of the adopted child with another caregiver. The caregiver of the adopted child has the rights and duties imposed on the adoptive parents in this article.
S.C. Code Ann. § 63-19-830 — SC Code / Title 63 / Chapter 19 / Article 7 / Section 63-19-830
SECTION 63-19-830. Detention hearings; screenings.
Status: in_force

(A) If the officer who took the child into custody has not released the child to the custody the child's parents or other responsible adult, the court shall hold a detention hearing within forty-eight hours from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays. At this hearing, the authorized representative of the department shall submit to the court a report stating the facts surrounding the case and a recommendation as to the child's continued detention pending the adjudicatory and dispositional hearings. The court shall appoint counsel for the child if none is retained. No child may proceed without counsel in this hearing, unless the child waives the right to counsel and then only after consulting at least once with an attorney. At the conclusion of this hearing, the court shall determine whether probable cause exists to justify the detention of the child and the appropriateness of, and need for, the child's continued detention. If continued detention of a juvenile is considered appropriate by the court and if a juvenile detention facility exists in that county which meets state and federal requirements for the secure detention of juveniles or if that facility exists in another county with which the committing county has a contract for the secure detention of its juveniles and if commitment of a juvenile by the court to that facility does not cause the facility to exceed its design and operational capacity, the family court shall order the detention of the juvenile in that facility. A juvenile must not be detained in secure confinement in excess of ninety days except in exceptional circumstances as determined by the court. A detained juvenile is entitled to further and periodic review: (1) within ten days following the juvenile's initial detention hearing; (2) within thirty days following the ten-day hearing; and (3) at any other time for good cause shown upon motion of the child, the State, or the department. If the child does not qualify for detention or otherwise require continued detention under the terms of Section 63-19-820(A) or (B), the child must be released to a parent, guardian, or other responsible person. (B) A juvenile ordered detained in a facility must be screened within twenty-four hours by a social worker or if considered appropriate by a psychologist in order to determine whether the juvenile is emotionally disturbed, mentally ill, or otherwise in need of services. The services must be provided immediately.
S.C. Code Ann. § 63-15-605 — SC Code / Title 63 / Chapter 15 / Article 6 / Section 63-15-605
SECTION 63-15-605. Treatment of foreign country.
Status: in_force

A court of this State shall treat a foreign country as it if were a state of the United States for the purpose of applying this article if its child-custody determination was made under factual circumstances in substantial conformity with the jurisdictional standards of this article and if the child custody laws of that foreign country do not violate fundamental principles of human rights.
S.C. Code Ann. § 63-7-950 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-950
SECTION 63-7-950. Withholding health care.
Status: in_force

(A) Upon receipt of a report that a parent or other person responsible for the welfare of a child will not consent to health care needed by the child, the department shall investigate pursuant to Section 63-7-920. Upon a determination by a preponderance of evidence that adequate health care was withheld for religious reasons or other reasons reflecting an exercise of judgment by the parent or guardian as to the best interest of the child, the department may enter a finding that the child is in need of medical care and that the parent or other person responsible does not consent to medical care for religious reasons or other reasons reflecting an exercise of judgment as to the best interests of the child. The department may not enter a finding by a preponderance of evidence that the parent or other person responsible for the child has abused or neglected the child because of the withholding of medical treatment for religious reasons or for other reasons reflecting an exercise of judgment as to the best interests of the child. However, the department may petition the family court for an order finding that medical care is necessary to prevent death or permanent harm to the child. Upon a determination that a preponderance of evidence shows that the child might die or suffer permanent harm, the court may issue its order authorizing medical treatment without the consent of the parent or other person responsible for the welfare of the child. The department may move for emergency relief pursuant to family court rules when necessary for the health of the child. (B) Proceedings brought under this section must be considered child abuse and neglect proceedings only for purposes of appointment of representation pursuant to Section 63-7-1620. (C) This section does not authorize intervention if the child is under the care of a physician licensed under Chapter 47, Title 40, who supports the decision of the parent or guardian as a matter of reasonable medical judgment.
S.C. Code Ann. § 63-17-2720 — SC Code / Title 63 / Chapter 17 / Article 21 / Section 63-17-2720
SECTION 63-17-2720. Written notice to obligor; administrative review.
Status: in_force

When the division determines that child support is unpaid in an amount equal to or greater than one thousand dollars, it shall send written notice to the obligor by first-class mail to the obligor's last known address, as filed with the tribunal pursuant to Section 63-17-450. The notice shall specify the amount unpaid as of the date of the notice or other date certain and the right of the obligor to request an administrative review by filing a written request with the division within thirty days of the date of the notice. If the obligor files a timely written request for an administrative review, the division shall conduct the review within thirty days of receiving the request.
S.C. Code Ann. § 63-17-50 — SC Code / Title 63 / Chapter 17 / Article 1 / Section 63-17-50
SECTION 63-17-50. Verified voluntary acknowledgments.
Status: in_force

(A) A verified voluntary acknowledgment of paternity creates a legal finding of paternity, subject to the right of any signatory to rescind the acknowledgment within the earlier of: (1) sixty days; or (2) the date of an administrative or judicial proceeding relating to the child including a proceeding to establish a support order in which the signatory is a party. (B) Upon the expiration of the sixty-day period provided for in subsection (A), a verified voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger. (C) In the event of a challenge, legal responsibilities including child support obligations of any signatory arising from the acknowledgment may not be suspended during the challenge except for good cause shown. (D) Judicial or administrative proceedings are not required or permitted to ratify an unchallenged acknowledgment of paternity.
S.C. Code Ann. § 63-11-420 — SC Code / Title 63 / Chapter 11 / Article 4 / Section 63-11-420
SECTION 63-11-420. Definitions.
Status: in_force

For purposes of this article: (1) "Child" has the same meaning as provided for in Section 63-7-20. (2) "Child abuse or neglect" has the same meaning as provided for in Section 63-7-20. (3) "Children's advocacy centers" has the same meaning as provided for in Section 63-11-310. (4) "Program" means the South Carolina Child Abuse and Neglect Network, created pursuant to this article. (5) "Healthcare provider" means a physician, advanced practice registered nurse, or physician assistant licensed to practice in this State pursuant to Article 1, Chapter 47, Title 40, Article 1, Chapter 33, Title 40, and Article 7, Chapter 47, Title 40, respectively. Effect of Amendment 2025 Act No. 19, SECTION 1, in (4), substituted "Child Abuse and Neglect Network" for "Children's Advocacy Medical Response System Act"; and made another nonsubstantive change.
S.C. Code Ann. § 63-13-1240 — SC Code / Title 63 / Chapter 13 / Article 11 / Section 63-13-1240
SECTION 63-13-1240. Advisory committee staff support.
Status: in_force

The department shall provide reasonable secretarial and administrative support to the advisory committee.
S.C. Code Ann. § 63-11-500 — SC Code / Title 63 / Chapter 11 / Article 5 / Section 63-11-500
SECTION 63-11-500. Creation, purpose, and administration of program.
Status: in_force

(A) There is created the Cass Elias McCarter Guardian ad Litem Program in South Carolina. The program shall serve as a statewide system to provide training and supervision to volunteers who serve as court-appointed special advocates for children in abuse and neglect proceedings within the family court, pursuant to Section 63-7-1620. This program must be administered by the Department of Children's Advocacy. (B) Notwithstanding the provisions of subsection (A), a county providing the guardian ad litem services set forth in subsection (A) prior to the effective date of this act may continue to provide such services, provided the county guardian ad litem program is a member of the National Court Appointed Special Advocate Association. However, a county guardian ad litem program operating pursuant to this subsection must comply with all state and federal laws, even if compliance with state or federal laws would result in the violation of a requirement for membership in the National Court Appointed Special Advocate Association. Editor's Note 2018 Act No. 160, SECTIONS 18.A and 18.B, provide as follows: "SECTION 18. A. Where the provisions of this act transfer duties, programs, or services of the Department of Administration to the Department of Children's Advocacy, the employees, authorized appropriations, and assets and liabilities of these divisions, services, and programs also are transferred to and become part of the Department of Children's Advocacy. All classified or unclassified personnel employed by the divisions, programs, services, or initiatives transferred from the Department of Administration, either by contract or by employment at will, become on July 1, 2019, employees of the Department of Children's Advocacy, with the same compensation, classification, and grade level, as applicable. Before the transfer of the applicable divisions, programs, services, or initiatives of the Department of Administration pursuant to this act, these agencies and organizations shall cause all necessary actions to be taken to accomplish this transfer in accordance with state and federal laws and regulations." "B. Applicable regulations promulgated by the Department of Administration are continued and are considered to be promulgated by the Department of Children's Advocacy. Applicable contracts entered into by the Department of Administration are continued and are considered to be devolved upon the Department of Children's Advocacy at the time of the transfer." Effect of Amendment The 2010 amendment, in subsection (A), substituted "Cass Elias McCarter" for "South Carolina" preceding, and substituted "in South Carolina. The program shall" for "to" following, "Guardian ad Litem Program". 2014 Act No. 121, SECTION 7.JJ, in subsection (A), substituted "Department of Administration" for "Office of the Governor". 2018 Act No. 160, SECTION 3, in (A), in the third sentence, substituted "Department of Children's Advocacy" for "Department of Administration".
S.C. Code Ann. § 63-19-20 — SC Code / Title 63 / Chapter 19 / Article 1 / Section 63-19-20
SECTION 63-19-20. Definitions.
Status: in_force

When used in this chapter and unless otherwise defined or the specific context indicates otherwise: Text of (1) effective July 1, 2019. See Editor's Note for contingency. (1) "Child" or "juvenile" means a person less than eighteen years of age. "Child" or "juvenile" does not mean a person seventeen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more. However, a person seventeen years of age who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more may be remanded to the family court for disposition of the charge at the discretion of the solicitor. An additional or accompanying charge associated with the charges contained in this item must be heard by the court with jurisdiction over the offenses contained in this item. (2) "Court" means the family court. (3) "Criminal justice purpose" means: (a) the performance of any activity directly involving the detection, apprehension, capture from escape or elopement, detention, pretrial release, post-trial release, prosecution, adjudication, supervision, or rehabilitation of accused or adjudicated persons or criminal offenders; or (b) the collection, storage, and dissemination of child offense history records. (4) "Department" means the Department of Juvenile Justice. (5) "Guardian" means a person who legally has the care and management of a child. (6) "Judge" means the judge of the family court. (7) "Parent" means biological parent, adoptive parents, step-parent, or person with legal custody. (8) "Parole board" means the Board of Juvenile Parole under the Department of Juvenile Justice. (9) "Status offense" means an offense which would not be a misdemeanor or felony if committed by an adult including, but not limited to, incorrigibility or beyond the control of parents, truancy, running away, playing or loitering in a billiard room, playing a pinball machine, or gaining admission to a theater by false identification. Editor's Note 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 2016 Act No. 268, SECTION 2, in (1), substituted "a person less than eighteen years of age" for "a person less than seventeen years of age", substituted "does not mean a person seventeen years of age or older" for "does not mean a person sixteen years of age or older", and substituted "a person seventeen years of age who is charged" for "a person sixteen years of age who is charged".
S.C. Code Ann. § 63-21-20 — SC Code / Title 63 / Chapter 21 / Section 63-21-20
SECTION 63-21-20. Compliance with federal law; disability affecting parent's right to fulfill responsibilities; probable cause order.
Status: in_force

(A) The department, family court, probate court, and any other covered entity shall comply with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Fourteenth Amendment, before taking any action pursuant to Chapters 7, 9, or 15, Title 63, or Title 62 that could impact the parental rights of a person with a disability. (B)(1) The department shall, consistent with its purposes as mandated in Section 63-7-10: (a) make reasonable efforts, that are individualized and based upon a parent's or legal guardian's specific disability, to avoid removal of a child from the home of a parent or legal guardian with a disability, including referrals for access to adaptive parenting equipment, referrals for instruction on adaptive parenting techniques, and reasonable accommodations with regard to accessing services that are otherwise made available to a parent or legal guardian who does not have a disability; (b) make reasonable accommodations to a parent or legal guardian with a disability as part of placement and visitation decisions; preventive, maintenance, and reunification services; and evaluations or assessments of parenting capacity. (2) The department, and any other covered entity, must not deny reunification services to a parent or legal guardian with a disability solely on the basis of the disability. (C) If any party to the proceedings alleges that the parent or legal guardian has a disability that affects the parent's ability to fulfill parent responsibilities, the family court shall determine and include as findings in the probable cause order: (1) the nature of the parent's or legal guardian's disability, if any, that affects the parent's ability to fulfill parent responsibilities; (2) the reasonable efforts made by the department to avoid removal of the child from the parent or legal guardian, including reasonable efforts made to address the parenting limitations caused by the disability; and (3) reasonable accommodations the department, and any other covered entity, shall make to provide the parent or legal guardian with the opportunity to participate fully in the child protection proceedings throughout the duration of the case.
S.C. Code Ann. § 63-7-2790 — SC Code / Title 63 / Chapter 7 / Article 8 / Section 63-7-2790
SECTION 63-7-2790. Notice of adverse decision; right to appeal; judicial review.
Status: in_force

(A) If the department denies, disqualifies, terminates, or suspends a child from participation in the extended foster care program created pursuant to this article, the department shall notify the child in writing of the right to appeal the adverse decision through the department's fair hearings procedures, unless there is a case pending before the family court that can dispose of the issue. Such notice must be served by certified mail. The notice must explain the fair hearings procedures and must inform the child that notice of intent to appeal must be submitted within thirty days of receipt of the adverse decision. If the department denies, disqualifies, terminates, or suspends a child from participation in the extended foster care program, that child is automatically entitled to representation by a South Carolina licensed attorney. 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) Judicial review of a final agency decision is in the family court. A child seeking judicial review shall file a petition in the family court within thirty days after the final decision of the department. The child shall serve a copy of the petition upon the department. The family court shall conduct a judicial review in accordance with the standards of review provided for in Section 1-23-380. The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based. The judgment must include a determination of whether the decision of the department to disqualify, terminate, or suspend the child from participation in the extended foster care program should be affirmed or reversed. The child is not entitled to a trial de novo in the family court. 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. § 63-5-40 — SC Code / Title 63 / Chapter 5 / Article 1 / Section 63-5-40
SECTION 63-5-40. Breastfeeding.
Status: in_force

(A) A woman may breastfeed her child in any location where the mother and her child are authorized to be. (B) Breastfeeding a child in a location where the mother is authorized to be is not considered indecent exposure.
S.C. Code Ann. § 63-17-830 — SC Code / Title 63 / Chapter 17 / Article 5 / Section 63-17-830
SECTION 63-17-830. Modification of orders.
Status: in_force

(A) At any time after the entry of a consent order or an order for default under this article or an order of the court the division may issue a notice of financial responsibility to an obligor requesting the modification of an existing order issued pursuant to this article or an existing order of the court. The division shall serve the obligor with a notice of financial responsibility as provided in Section 63-17-730 and shall proceed as set forth in this article. The obligor or obligee may file a written request for modification of an order issued under this article or an existing order of the court with the division by serving the division by certified mail. If the division does not object to the request for modification based upon a showing of changed circumstances as provided by law, the division shall serve the obligor with a notice of financial responsibility as provided in Section 63-17-730 and shall proceed as set forth in this article. If the division objects to the request for modification based upon the failure to demonstrate a showing of changed circumstances, the division shall advise the obligor or obligee that a petition for review may be filed with the Family Court. (B) A request for modification made pursuant to this section does not preclude the division from enforcing and collecting upon the existing order pending the modification proceeding. (C) Only payments accruing subsequent to the modification may be modified. Modification must be made pursuant to Section 20-3-160.
S.C. Code Ann. § 63-7-690 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-690
SECTION 63-7-690. Relative placement.
Status: in_force

(A) If within the twenty-four hours following removal of the child: (1) the department has identified a specified relative or other person with whom it has determined that the child is to be placed instead of the department's taking legal custody of the child; and (2) both the relative or other person with whom the child is to be placed and the child's parent or guardian have agreed to the placement, the department may retain physical custody of the child for no more than five additional days if necessary to enable the relative or other person to make travel or other arrangements incident to the placement. (B) A probable cause hearing pursuant to Section 63-7-710 shall not be held unless the placement fails to occur as planned within the five-day period or the child's parent or guardian makes a written request for a hearing to the department. The department must give the child's parent or guardian written notice of the right to request a probable cause hearing to obtain a judicial determination of whether removal of the child from the home was and remains necessary. Upon receipt of a written request for a hearing from the child's parent or guardian, the department shall schedule a hearing for the next date on which the family court is scheduled to hear probable cause hearings. (C) If the placement does not occur as planned within the five-day period, the department immediately must determine whether to assume legal custody of the child and file a petition as provided in Section 63-7-700(B). The department shall assure that the child is given age-appropriate information about the plans for placement and any subsequent changes in those plans at the earliest feasible time.
S.C. Code Ann. § 63-17-2780 — SC Code / Title 63 / Chapter 17 / Article 21 / Section 63-17-2780
SECTION 63-17-2780. Authorization to promulgate regulations.
Status: in_force

The division is authorized to promulgate rules and regulations, if necessary, to implement the provision of this section.
S.C. Code Ann. § 63-9-720 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-720
SECTION 63-9-720. Appointment of guardian ad litem.
Status: in_force

Before any hearing is held on the adoption or any matter related to the adoption, the court shall appoint a guardian ad litem for the adoptee as in other family court actions, and the adoptee must be served with a copy of the pleadings. However, if the adoptee is fourteen years of age or younger, the child may be served by service upon his guardian ad litem or other person with whom he resides.
S.C. Code Ann. § 63-17-1560 — SC Code / Title 63 / Chapter 17 / Article 11 / Section 63-17-1560
SECTION 63-17-1560. False proceedings; contempt.
Status: in_force

If an obligor, obligee, or the Department of Social Services wilfully initiates a false proceeding under this article or wilfully fails to comply with the requirements of this article, punishment for contempt may be imposed.
S.C. Code Ann. § 63-17-2930 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-2930
SECTION 63-17-2930. Remedies cumulative.
Status: in_force

(A) Remedies provided by this article are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. (B) This article does not: (1) provide the exclusive method of establishing or enforcing a support order under the law of this State; or (2) grant a tribunal of this State jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this article. Effect of Amendment 2015 Act No. 33, SECTION 1, in (A), substituted "law or" for "Law, including" and substituted "foreign support order" for "support order of a foreign country or political subdivision".
S.C. Code Ann. § 63-3-840 — SC Code / Title 63 / Chapter 3 / Article 7 / Section 63-3-840
SECTION 63-3-840. Mediation prohibition.
Status: in_force

A guardian ad litem must not mediate, attempt to mediate, or act as a mediator in a case to which he has been appointed. However, nothing in this section shall prohibit a guardian ad litem from participating in a mediation or a settlement conference with the consent of the parties.
S.C. Code Ann. § 63-17-500 — SC Code / Title 63 / Chapter 17 / Article 3 / Section 63-17-500
SECTION 63-17-500. Probation.
Status: in_force

In the case of a respondent who shall have neglected or refused to obey an order for support, the court may suspend sentence or the execution of the warrant, as the case may be, and place him or her on probation under such conditions as the court may determine. No person, however, shall be placed on probation unless an order to that effect is made by the court.
S.C. Code Ann. § 63-11-1740 — SC Code / Title 63 / Chapter 11 / Article 17 / Section 63-11-1740
SECTION 63-11-1740. Director and staff; salary duties.
Status: repealed

The South Carolina First Steps to School Readiness Board of Trustees shall employ, by a majority vote, a director of the Office of South Carolina First Steps to School Readiness and other staff as necessary to carry out the South Carolina First Steps to School Readiness initiative, established in Title 59, Chapter 152, and other duties and responsibilities as assigned by the board. The director, with the approval of the board, shall hire such staff as is considered necessary to carry out the provisions of the initiative. The South Carolina First Steps to School Readiness Board of Trustees shall submit to the Agency Head Salary Commission, pursuant to Sections 8-11-160 and 8-11-165, justification of and recommendations for the salary and any salary increases for the Executive Director of the South Carolina Office of First Steps to School Readiness. Editor's Note 2013 Act No. 101, SECTION 117.114, provides as follows: "117.114. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, is reauthorized for the duration of Fiscal Year 2013-2014." 2014 Act No. 286, SECTION 117.108, provides as follows: "117.108. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, is reauthorized for the duration of Fiscal Year 2014-2015." 2018 Act No. 152, SECTION 8, provides as follows: "SECTION 8. Section 20B. of Act 287 of 2014 [reauthorizing the South Carolina First Steps to School Readiness Act until July 1, 2016] is repealed. Act 99 of 1999, South Carolina First Steps to School Readiness Act, as amended by this act, is reauthorized until June 30, 2025." Effect of Amendment 2018 Act No. 152, SECTION 7, added the third sentence.
S.C. Code Ann. § 63-9-30 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-30
SECTION 63-9-30. Definitions.
Status: in_force

As used in this article unless the context requires otherwise: (1) "Adoptee" means a person who is proposed to be or who has been legally adopted. (2) "Adoption" means the judicial act of creating the relationship of parent and child where it did not exist previously. (3) "Adoptive parent" means an adult who has become a parent of a child through the legal process of adoption. (4) "Child" means any person under eighteen years of age. (5) "Child placing agency" or "agency" means the State Department of Social Services and any person or entity who holds legal or physical custody of a child for the purpose of placement for adoption or a person or entity who facilitates the placement of children for the purpose of adoption. For the purposes of this subsection, a person or entity who offers services for compensation where the intent of those services is to arrange or secure adoptions must be considered "facilitating the placement of children for adoption", whether those services constitute counseling, referrals, searches, or any other form of adoption services. However, an attorney engaged in the practice of law who represents a client in an adoption or who otherwise facilitates an adoption in the course of that practice is exempt from this definition. (6) "Consent" means the informed and voluntary release in writing of all parental rights with respect to a child by a parent for the purpose of adoption, or the informed and voluntary release in writing of all custodial or guardianship rights, or both, with respect to a child by the child placing agency or person facilitating the placement of the child for adoption where the child's parent previously has executed a relinquishment to that agency or person. (7) "Court" means any family court in this State. (8) "Relinquishment" means the informed and voluntary release in writing of all parental rights with respect to a child by a parent to a child placing agency or to a person who facilitates the placement of a child for the purpose of adoption and to whom the parent has given the right to consent to the adoption of the child. (9) "South Carolina resident" means a person who has established a true, fixed principal residence and place of habitation in this State, and who intends to remain or expects to return upon leaving without establishing residence in another state. Temporary absences for short periods of time do not affect the establishment of residency. (10) For purposes of adoption, "special needs child" means children who fall into one or more of the following categories: (a) children who are members of a sibling group; (b) children of marginalized ethnic backgrounds, except for purposes of Section 63-9-60(B); (c) children aged six or older; or (d) children with physical, mental, or emotional disabilities. Effect of Amendment 2023 Act No. 80, SECTION 8, in (10), inserted "For purposes of adoption,", and made a nonsubstantive change, and in (b), substituted "marginalized ethnic backgrounds, except for purposes of Section 63-9-60(B)" for "mixed racial heritage".
S.C. Code Ann. § 63-17-1440 — SC Code / Title 63 / Chapter 17 / Article 11 / Section 63-17-1440
SECTION 63-17-1440. Verified notice of delinquency.
Status: in_force

(A) If a delinquency occurs, the clerk of court shall prepare, file, and serve on the obligor a verified notice of delinquency within fifteen calendar days of the delinquency if the obligor's address is known or if the address is not known, within fifteen calendar days of locating the obligor. If the obligor makes payments pursuant to an order for support directly to the obligee and the obligee seeks income withholding, the notice of delinquency must be verified by the obligee and then served on the obligor by the clerk of court as with any other notice of delinquency. (B) The verified notice of delinquency must be served on the obligor by regular mail addressed to the obligor's last known address or place of employment. Upon mailing the notice, the clerk of court shall file a certificate of mailing stating the name and address to which the notice was mailed and the date on which it was mailed. If service cannot be effected as set forth in this section, the obligor may be served as prescribed for service in civil actions. (C) The notice of delinquency shall inform the obligor that a delinquency has occurred and shall recite the monthly support obligations of the obligor pursuant to the order of support, the total amount of the arrearage as of the date of the notice, and the amount of income to be withheld. The notice must clearly state that a notice to withhold will be sent to the obligor's current or subsequent payor, income withholding will begin, and that a judgment lien may be imposed against the obligor's personal or real property in the amount of the arrearage pursuant to Section 63-17-1600, unless the obligor files a petition to stay service in accordance with Section 63-17-1450.
S.C. Code Ann. § 63-15-650 — SC Code / Title 63 / Chapter 15 / Article 6 / Section 63-15-650
SECTION 63-15-650. Factors to determine risk of abduction.
Status: in_force

(A) In determining whether there is a credible risk of abduction of a child, the court may consider any evidence that the petitioner or respondent: (1) has previously abducted or attempted to abduct the child; (2) has threatened to abduct the child; (3) has recently engaged in activities that may indicate a planned abduction, including: (a) abandoning employment; (b) selling a primary residence; (c) terminating a lease; (d) closing a bank account or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting unusual financial activities; (e) applying for a passport or visa or obtaining travel documents for the respondent, a family member, or the child; or (f) seeking to obtain the child's birth certificate, school or medical records; (4) has engaged in domestic violence, stalking, child abuse, or neglect; (5) has refused to follow a child-custody determination; (6) lacks strong familial, financial, emotional, or cultural ties to this State or the United States; (7) has strong familial, financial, emotional, or cultural ties to another state or country; (8) is likely to take the child to a country that: (a) is not a party to the Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted child; (b) is a party to the Hague Convention on the Civil Aspects of International Child Abduction but: (i) the Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country; (ii) is noncompliant according to the most recent compliance report issued by the United States Department of State; or (iii) lacks legal mechanisms for immediately and effectively enforcing a return order under the Hague Convention on the Civil Aspects of International Child Abduction; (c) poses a risk that the child's physical or emotional health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children; (d) has laws or practices that would: (i) enable the respondent, without due cause, to prevent the petitioner from contacting the child; (ii) restrict the petitioner from freely traveling to or exiting from the country because of the petitioner's gender, nationality, marital status, or religion; or (iii) restrict the child's ability legally to leave the country after the child reaches the age of majority because of a child's gender, nationality, or religion; (e) is included by the United States Department of State on a current list of state sponsors of terrorism; (f) does not have an official United States diplomatic presence in the country; or (g) is engaged in active military action or war, including a civil war, to which the child may be exposed; (9) is undergoing a change in immigration or citizenship status that adversely affects the respondent's ability to remain in the United States legally; (10) has had an application for United States citizenship denied; (11) has forged or presented misleading or false evidence on government forms or supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a Social Security card, a driver's license, or other government-issued identification card or has made a misrepresentation to the United States government; (12) has used multiple names to attempt to mislead or defraud; or (13) has engaged in any other conduct the court considers relevant to the risk of abduction. (B) In the hearing on a petition under this article, the court shall consider evidence that the respondent believed in good faith that the respondent's conduct was necessary to avoid imminent harm to the child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the child.
S.C. Code Ann. § 63-7-2400 — SC Code / Title 63 / Chapter 7 / Article 5 / Section 63-7-2400
SECTION 63-7-2400. Number of foster children who may be placed in a foster home.
Status: in_force

(A) A foster home may not provide full-time care for more than five foster children, with the total number of children residing in the household not to exceed eight, including the foster parent's own children, children of other household members, and other children residing in the household, except: (1) to keep a sibling group together; (2) to keep a child in the child's home community; (3) to return a child to a home in which the child was previously placed; (4) to comply with an order of the court; or (5) if it is in the best interest of the children as determined by the court. (B) No more than two of the five foster children referenced in subsection (A) may be classified as therapeutic foster care placements unless one of the exceptions in subsection (A) applies. If one of the exceptions applies, no more than three of the five foster children may be classified as therapeutic foster care placements. Editor's Note 2016 Act No. 187, SECTION 2, provides as follows: "SECTION 2. This act takes effect upon approval by the Governor. Section 63-7-2400(B) does not apply to foster children placed before the effective date of this act."
S.C. Code Ann. § 63-17-620 — SC Code / Title 63 / Chapter 17 / Article 4 / Section 63-17-620
SECTION 63-17-620. State Disbursement Unit; operation and administration; court costs.
Status: in_force

(A) The Department of Social Services shall establish a State Disbursement Unit for the collection and disbursement of all child, spousal, or child and spousal support payments. (B) The State Disbursement Unit shall be operated and administered by either (1) the Child Support Enforcement Division of the Department of Social Services, or (2) a contractor directly responsible to the Department of Social Services. (C) Amounts collected through the State Disbursement Unit are subject to court costs pursuant to Section 63-3-370(C). Code Commissioner's Note At the direction of the Code Commissioner, this section was redesignated from SECTION 63-17-540 and placed under Article 4, 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. § 63-17-3730 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3730
SECTION 63-17-3730. Defenses; burden of proof.
Status: in_force

(A) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) the issuing tribunal lacked personal jurisdiction over the contesting party; (2) the order was obtained by fraud; (3) the order has been vacated, suspended, or modified by a later order; (4) the issuing tribunal has stayed the order pending appeal; (5) there is a defense under the law of this State to the remedy sought; (6) full or partial payment has been made; (7) the statute of limitation under Section 63-17-3640 precludes enforcement of some or all of the alleged arrearages; or (8) the alleged controlling order is not the controlling order. (B) If a party presents evidence establishing a full or partial defense under subsection (A), a tribunal may stay enforcement of the registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this State. (C) If the contesting party does not establish a defense under subsection (A) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order. Effect of Amendment 2015 Act No. 33, SECTION 1, in (A) and (B), inserted "support" before "order"; and in (C), inserted "a registered support" before "order".
S.C. Code Ann. § 63-19-620 — SC Code / Title 63 / Chapter 19 / Article 5 / Section 63-19-620
SECTION 63-19-620. Removal of member.
Status: in_force

A member of the parole board is subject to removal by the Governor as provided for in Section 1-3-240(C).
S.C. Code Ann. § 63-17-440 — SC Code / Title 63 / Chapter 17 / Article 3 / Section 63-17-440
SECTION 63-17-440. Bond conditions.
Status: in_force

If the respondent be admitted to bond, the condition of the undertaking shall be for his future appearance according to the terms thereof, or in default of such appearance, that the surety will pay the clerk of court a specified sum as therein set forth. Instead of entering into such an undertaking a respondent may deposit money in an amount to be fixed by the court. If the respondent fails to appear in accordance with the terms of the undertaking, the court shall enter the fact of such nonappearance upon the record, and the undertaking for his appearance, or the money deposited in lieu thereof, shall be forfeited and upon order of the court the sum recovered shall be applied by the clerk of the court for the benefit of the petitioner. However, the court may, in its discretion, remit such forfeiture.
S.C. Code Ann. § 63-11-1520 — SC Code / Title 63 / Chapter 11 / Article 15 / Section 63-11-1520
SECTION 63-11-1520. State agency responsibilities.
Status: in_force

The Department of Social Services, in conjunction with the other agencies involved in the Families First Initiative, shall design and manage a component of the Interagency System for Caring for Emotionally Disturbed Children, for families and children identified as in need of special support in the community or when necessary, in a substitute care setting. In an effort to reduce the number of children developing emotional and behavioral disorders, this component of the system must be designed to provide intense services for children who are at risk for removal or who must be removed from their families or who are having difficulty in substitute care and must include age appropriate substitute care. Services provided under this component of the system may be provided by the department to children who are not in the custody of the State. This component of the system must be implemented by January 1, 1995, and the department shall report quarterly to the Senate Finance Committee and the House Ways and Means Committee on the activities of this component of the system including, but not limited to, services provided clients served, and assessment of the progress and success of this component in carrying out the purposes of this section.
S.C. Code Ann. § 63-11-540 — SC Code / Title 63 / Chapter 11 / Article 5 / Section 63-11-540
SECTION 63-11-540. Right of access to information and records.
Status: in_force

All reports made and information collected as described in Section 63-7-1990(A) must be made available to the guardian ad litem by the Department of Social Services. Upon proof of appointment as guardian ad litem and upon the guardian ad litem request, access to information must be made available to the guardian ad litem by the appropriate medical and dental authorities, psychologists, social workers, counselors, schools, and any agency providing services to the child.
S.C. Code Ann. § 63-17-2150 — SC Code / Title 63 / Chapter 17 / Article 15 / Section 63-17-2150
SECTION 63-17-2150. Proof of compliance.
Status: in_force

Within thirty days after receipt of an order requiring the obligated parent to provide health care coverage for a child, the parent or employer must provide the child's other parent written proof that the insurance has been obtained or that an application for insurance has been made. Proof of insurance coverage consists of, at a minimum: (1) the name of the insurer; (2) the policy number; (3) an insurance card; (4) the address to which claims must be mailed; (5) a description of any restriction on usage including, but not limited to, prior approval for hospital admission and the manner in which to obtain prior approval; (6) description of all deductibles; (7) five copies of claim forms.
S.C. Code Ann. § 63-17-760 — SC Code / Title 63 / Chapter 17 / Article 5 / Section 63-17-760
SECTION 63-17-760. Failure to appear for negotiation conference.
Status: in_force

(A) If an obligor fails to appear for a negotiation conference scheduled in the notice of financial responsibility or fails to reschedule the negotiation conference before the date and time stated in the notice of financial responsibility or if the obligor fails to serve the division with a written request for a court hearing before the time scheduled for the negotiation conference or within thirty days of the date of service of the notice of financial responsibility, whichever is later, the division shall issue an order of default in accordance with the notice of financial responsibility. The order of default must be approved by the court and shall include: (1) the amount of the monthly support obligation and instructions on the manner in which it must be paid; (2) the amount of the arrearage due and owing and instructions on the manner in which it must be paid; (3) the name of the custodian of the child and the name and birth date of the child for whom support is being sought; (4) other information as set forth in regulations promulgated pursuant to the Administrative Procedures Act. (B) A copy of an order of default issued pursuant to Subsection (A), proof of service, and an affidavit of default must be filed with the family court in the same manner and has the same force and effect as provided for in Section 63-17-750(B). (C) The determination of the monthly support obligation must be based on the child support guidelines as set forth in Sections 63-17-470 and 43-5-580. (D) If an affidavit of service shows that the obligor has been afforded less than the required thirty days notice of the negotiation conference, the negotiation conference must be rescheduled. The obligor must be given at least ten days notice of the rescheduled conference, pursuant to Section 63-17-740. If the obligor fails to appear for the rescheduled negotiation conference and fails to request a court hearing before the date of the rescheduled negotiation conference, the division shall issue an order of default in accordance with subsection (A).
S.C. Code Ann. § 63-17-2750 — SC Code / Title 63 / Chapter 17 / Article 21 / Section 63-17-2750
SECTION 63-17-2750. Written notice of perfecting a lien, executing levy, or seizing property.
Status: in_force

The division shall send timely written notice to the obligor by first-class mail of any action taken to perfect a lien, execute a levy, or seize any property. The notice shall specify the amount due, the steps to be followed to release the property so placed under lien, levied, or seized, and the time period within which to respond to the notice and shall include the name of the court or administrative agency of competent jurisdiction which entered the child support order.
S.C. Code Ann. § 63-11-2240 — SC Code / Title 63 / Chapter 11 / Article 22 / Section 63-11-2240
SECTION 63-11-2240. State Child Advocate; responsibilities; qualifications.
Status: in_force

(A) The State Child Advocate is responsible for ensuring that children receive adequate protection and care from services or programs offered by the Department of Social Services, the Office of Mental Health, the Department of Health and Human Services, the Department of Juvenile Justice, the Department of Health and Environmental Control, the Office of Intellectual and Developmental Disabilities, the John de la Howe School, the Wil Lou Gray Opportunity School, and the School for the Deaf and the Blind. (B) The State Child Advocate must not have been the director or deputy director of a state agency for a period of four years preceding his appointment. This subsection does not apply to deputy directors employed by the Department of Children's Advocacy. (C) The State Child Advocate must be selected without regard to political affiliation and on the basis of integrity and a capability for strong leadership and must possess the following minimum qualifications: (1) a baccalaureate degree from an accredited college or university; and (2) at least ten years of experience in family or children's law, children's social work, or children's health and welfare. 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. 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. § 63-13-140 — SC Code / Title 63 / Chapter 13 / Article 1 / Section 63-13-140
SECTION 63-13-140. Compliance review.
Status: in_force

Upon request of an applicant or operator, the department shall offer consultation to address any aspect of compliance with this chapter or the regulations promulgated under this chapter. Consultation includes, but is not limited to, review and comment on drawings and specifications related to construction and renovations proposed by a facility.
S.C. Code Ann. § 63-17-3610 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3610
SECTION 63-17-3610. Registration of out-of-state order.
Status: in_force

A support order or income-withholding order issued in a tribunal of another state or a foreign support order may be registered in this State for enforcement. Effect of Amendment 2015 Act No. 33, SECTION 1, substituted "issued in a tribunal of another state or a foreign support order" for "issued by a tribunal of another state".
S.C. Code Ann. § 63-3-310 — SC Code / Title 63 / Chapter 3 / Article 3 / Section 63-3-310
SECTION 63-3-310. Administration of family court system.
Status: in_force

The Supreme Court by rule shall provide for the administration of the family court system.
S.C. Code Ann. § 63-15-356 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-356
SECTION 63-15-356. Visitation.
Status: in_force

(A) A court of this State which does not have jurisdiction to modify a child custody determination, may issue a temporary order enforcing: (1) a visitation schedule made by a court of another state; or (2) the visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule. (B) If a court of this State makes an order under subsection (A)(2), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Subarticle 2. The order remains in effect until an order is obtained from the other court or the period expires.
S.C. Code Ann. § 63-9-2260 — SC Code / Title 63 / Chapter 9 / Article 11 / Section 63-9-2260
SECTION 63-9-2260. Out-of-state placements.
Status: in_force

There shall be no legal restrictions on out-of-state placements made pursuant to the Interstate Compact on the Placement of Children.
S.C. Code Ann. § 63-11-2210 — SC Code / Title 63 / Chapter 11 / Article 22 / Section 63-11-2210
SECTION 63-11-2210. Department of Children's Advocacy established.
Status: in_force

There is created the Department of Children's Advocacy. The department shall be headed by the State Child Advocate, who is the director of the department. The Governor shall appoint the State Child Advocate from three candidates recommended by the Joint Citizens and Legislative Committee on Children and upon the advice and consent of the Senate for a term of six years. The Governor may reappoint the State Child Advocate for additional terms. The State Child Advocate is subject to removal by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity upon recommendation of the Joint Citizens and Legislative Committee on Children. A vacancy shall be filled in the same manner as appointment. 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. § 63-17-3620 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3620
SECTION 63-17-3620. Registration procedures.
Status: in_force

(A) Except as provided in Section 63-17-3935, a support order or income-withholding order of another state or a foreign support order may be registered in this State by sending the following records to the Department of Social Services: (1) a letter of transmittal to the tribunal requesting registration and enforcement; (2) two copies, including one certified copy, of the order to be registered, including any modification of the order; (3) a sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage; (4) the name of the obligor and, if known: (a) the obligor's address and social security number; (b) the name and address of the obligor's employer and any other source of income of the obligor; and (c) a description and the location of property of the obligor in this State not exempt from execution; and (5) except as otherwise provided in Section 63-17-3320, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted. (B) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form. (C) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this State may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought. (D) If two or more orders are in effect, the person requesting registration shall: (1) furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section; (2) specify the order alleged to be the controlling order, if any; and (3) specify the amount of consolidated arrears, if any. (E) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination. Effect of Amendment 2015 Act No. 33, SECTION 1, in (A), inserted "Except as provided in Section 63-17-3935,", inserted "or a foreign support order", and deleted "and information" following "records"; and in (B), substituted "filed as an order of a tribunal of another state or a foreign support order" for "filed as a foreign judgment".
S.C. Code Ann. § 63-17-70 — SC Code / Title 63 / Chapter 17 / Article 1 / Section 63-17-70
SECTION 63-17-70. Court orders.
Status: in_force

(A)(1) Upon a finding that the putative father is the natural father of the child, the court must issue an order designating the putative father as the natural father and ordering that the birth certificate be amended to include the name of the father. (2) The order must: (a) 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; (b) establish a duty of support and provide for child support payments in amounts and at a frequency to be determined by the court; and (c) provide for other relief which has been properly prayed for in the pleadings and which is considered reasonable and just by the court. (B) Upon a finding that the putative father is not the father of the child, the court shall issue an order which sets forth this finding. (C) Upon entry of a court order or an administrative determination that the putative father is the legal father pursuant to subsection (A), the clerk of court shall send a report to the Registrar of the Division of Vital Statistics of the Department of Health and Environmental Control showing such information as may be required on an amended certificate of birth to be furnished by the Division of Vital Statistics of the Department of Health and Environmental Control. Effect of Amendment 2019 Act No. 42, SECTION 1, rewrote the section, requiring that the child's birth certificate be amended and for other purposes.
S.C. Code Ann. § 63-7-1910 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1910
SECTION 63-7-1910. Purpose.
Status: in_force

The purpose of this subarticle is to establish a system for the identification of abused and neglected children and those who are responsible for their welfare, to provide a system for the coordination of reports concerning abused and neglected children, and to provide data for determining the incidence and prevalence of child abuse and neglect in this State. To further these purposes, the department must maintain one or more statewide data systems concerning cases reported to it pursuant to this article.
S.C. Code Ann. § 63-13-450 — SC Code / Title 63 / Chapter 13 / Article 3 / Section 63-13-450
SECTION 63-13-450. Deficiency correction notices.
Status: in_force

(A) Whenever the department finds upon inspection that a private childcare center or group childcare home is not complying with any applicable licensing regulations, the department shall notify the operator to correct these deficiencies. (B) Every correction notice must be in writing and must include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the chapter and regulations relied upon. The period must be reasonable and, except when the department finds an emergency dangerous to the health or safety of children, not less than thirty days from the receipt of the notice. (C) Within two weeks of receipt of the notice, the operator of the facility may file a written request with the department for administrative reconsideration of the notice or any portion of the notice. (D) The department shall grant or deny a written request within seven days of filing and shall notify the operator of the grant or denial. (E) In the event that the operator of the facility fails to correct deficiencies within the period prescribed, the department may revoke the license.
S.C. Code Ann. § 63-19-1810 — SC Code / Title 63 / Chapter 19 / Article 17 / Section 63-19-1810
SECTION 63-19-1810. Determination of release.
Status: repealed

(A) The release and revocation of release of juveniles adjudicated delinquent and committed to the department must be determined by: (1) the department for juveniles adjudicated delinquent and committed after March 31, 2007, for an indeterminate period for a status offense or a misdemeanor, other than assault and battery of a high and aggravated nature or assault with intent to kill, and for juveniles who have violated probation for a status offense or a misdemeanor, other than assault and battery of a high and aggravated nature or assault with intent to kill; (2) the Board of Juvenile Parole for juveniles adjudicated delinquent and committed for an offense other than an offense provided for in item (1). (B) For purposes of this chapter, "releasing entity" means: (1) the department for juveniles described in subsection (A)(1); (2) the Board of Juvenile Parole for juveniles described in subsection (A)(2). Editor's Note 2010 Act No. 273, SECTION 7.B, provides: "The common law offenses of assault and battery with intent to kill, assault with intent to kill, assault and battery of a high and aggravated nature, simple assault and battery, assault of a high and aggravated nature, aggravated assault, and simple assault are abolished for offenses occurring on or after the effective date of this act [June 2, 2010]." 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. § 63-7-1420 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1420
SECTION 63-7-1420. Appeal of judicial determinations.
Status: in_force

If a person requests an appeal under this subarticle and the family court has determined that the person is responsible for abuse or neglect of the child, an appeal pursuant to this subarticle is not available. If the family court reaches such a determination after the initiation of the appeal provided for in this subarticle, the department shall terminate the appeal upon receipt of an order that disposes of the issue. If a proceeding is pending in the family court that may result in a finding that will dispose of an appeal under this subarticle, the department shall stay the appeal pending the court's decision.
S.C. Code Ann. § 63-15-310 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-310
SECTION 63-15-310. Determinations binding.
Status: in_force

A child custody determination made by a court of this State that had jurisdiction under this article binds all persons who have been served in accordance with the laws of this State or notified in accordance with Section 63-15-314 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
S.C. Code Ann. § 63-17-2920 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-2920
SECTION 63-17-2920. Tribunals.
Status: in_force

(A) For the purposes of continuing exclusive jurisdiction under this article, the tribunals of this State have concurrent jurisdiction to establish, modify, and enforce child support in cases being administered pursuant to Title IV-D of the Social Security Act. (B) The family court and the support enforcement agency are the tribunals of this State. (C) The Department of Social Services is the support enforcement agency of this State. Effect of Amendment 2015 Act No. 33, SECTION 1, designated (A) and added (B) and (C); in (A), deleted the first sentence identifying the family court and support enforcement agency as tribunals.
S.C. Code Ann. § 63-5-605 — SC Code / Title 63 / Chapter 5 / Article 6 / Section 63-5-605
SECTION 63-5-605. Definitions.
Status: in_force

In this article: (1) "Adult" means an individual who has attained the age of twenty-one years. (2) "Benefit plan" means an employer's plan for the benefit of an employee or partner or an individual retirement account. (3) "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others. (4) "Conservator" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions. (5) "Court" means the probate court where the minor resides, or if the minor is not a resident of this State, the probate court in the county where the custodian resides or has his principal place of business or where the custodial property is located. (6) "Custodial property" means (i) any interest in property transferred to a custodian under this article and (ii) the income from and proceeds of that interest in property. (7) "Custodian" means a person so designated under Section 63-5-645 or a successor or substitute custodian designated under Section 63-5-690. (8) "Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law. (9) "Legal representative" means an individual's personal representative or conservator. (10) "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption. (11) "Minor" means an individual who has not attained the age of twenty-one years. (12) "Person" means an individual, corporation, organization, or other legal entity. (13) "Personal representative" means an executor, administrator, successor, personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions. (14) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. (15) "Transfer" means a transaction that creates custodial property under Section 63-5-645. (16) "Transferor" means a person who makes a transfer under this article. (17) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
S.C. Code Ann. § 63-17-3560 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3560
SECTION 63-17-3560. Contesting withholding order.
Status: in_force

(A) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this State by registering the order in a tribunal of this State and filing a contest to that order as provided in Part VI, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this State. (B) The obligor shall give notice of the contest to: (1) a support enforcement agency providing services to the obligee; (2) each employer that has directly received an income-withholding order relating to the obligor; and (3) the person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee. Effect of Amendment 2015 Act No. 33, SECTION 1, reenacted this section with no change.
S.C. Code Ann. § 63-17-3020 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3020
SECTION 63-17-3020. Continuing, exclusive jurisdiction.
Status: in_force

Personal jurisdiction acquired by a tribunal of this State in a proceeding under this article or other law of this State relating to a support order continues as long as a tribunal of this State has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by Sections 63-17-3050, 63-17-3060, and 63-17-3110. Effect of Amendment 2015 Act No. 33, SECTION 1, reenacted this section with no change.
S.C. Code Ann. § 63-11-1910 — SC Code / Title 63 / Chapter 11 / Article 19 / Section 63-11-1910
SECTION 63-11-1910. Definitions.
Status: in_force

For purposes of this article: (1) "Child" means a person under eighteen years of age. (2) "Committee" means the State Child Fatality Advisory Committee. (3) "Department" means the State Law Enforcement Division's Department of Child Fatalities. (4) "Local child protective services agency" means the county department of social services for the jurisdiction where a deceased child resided. (5) "Meeting" means both in-person meetings and meetings through telephone conferencing. (6) "Preventable death" means a death which reasonable medical, social, legal, psychological, or educational intervention may have prevented. (7) "Provider of medical care" means a licensed health care practitioner who provides, or a licensed health care facility through which is provided, medical evaluation or treatment, including dental and mental health evaluation or treatment. (8) "Working day" means Monday through Friday, excluding official state holidays. (9) "Unexpected death" includes all child deaths which, before investigation, appear possibly to have been caused by trauma, suspicious or obscure circumstances, or child abuse or neglect.
S.C. Code Ann. § 63-17-3550 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3550
SECTION 63-17-3550. Failure to comply.
Status: in_force

An employer that wilfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this State. Effect of Amendment 2015 Act No. 33, SECTION 1, substituted "employer that wilfully" for "employer who wilfully", and substituted "issued in another" for "issued by another".
S.C. Code Ann. § 63-13-1050 — SC Code / Title 63 / Chapter 13 / Article 9 / Section 63-13-1050
SECTION 63-13-1050. Deficiency correction notices.
Status: in_force

(A) Whenever the health or fire safety agency finds upon inspection that a childcare center or group childcare home is not complying with the applicable regulations, the appropriate agency shall notify the department. The department shall then request the operator to correct such deficiencies. (B) Every correction notice must be in writing and must include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the chapter and regulations relied upon. The period must be reasonable and, except when the appropriate agency finds an emergency dangerous to the health or safety of children, not less than thirty days from the receipt of the notices. (C) Within two weeks of receipt of the notice, the operator of the facility may file a written request with the department for administrative reconsideration of the notice or any portion of the notice. (D) The department shall grant or deny a written request and shall notify the operator of action taken. (E) In the event that the operator of the facility fails to correct deficiencies within the period prescribed, the department may suspend the registration of the facility to be effective thirty days after date of notice. An appeal may be taken pursuant to the Administrative Procedures Act.
S.C. Code Ann. § 63-19-310 — SC Code / Title 63 / Chapter 19 / Article 3 / Section 63-19-310
SECTION 63-19-310. Department created.
Status: in_force

There is created the South Carolina Department of Juvenile Justice.
S.C. Code Ann. § 63-7-1940 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1940
SECTION 63-7-1940. Court order for placement in Central Registry of Child Abuse and Neglect.
Status: in_force

(A) At a hearing pursuant to Section 63-7-1650 or 63-7-1660, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court: (1) shall order, without possibility of waiver by the department, that a person's name be entered in the Central Registry of Child Abuse and Neglect if the court finds that there is a preponderance of evidence that the person: (a) physically abused the child; however, if the only form of physical abuse that is found by the court is excessive corporal punishment, the court only may order that the person's name be entered in the central registry if item (2) applies; (b) sexually abused the child; (c) wilfully or recklessly neglected the child; or (d) gave birth to the infant and the infant tested positive for the presence of any amount of controlled substance, prescription drugs not prescribed to the mother, metabolite of a controlled substance, or the infant has a medical diagnosis of neonatal abstinence syndrome, unless the presence of the substance or metabolite is the result of a medical treatment administered to the mother of the infant during birth or to the infant; (2) may, except as provided for in item (1), order that the person's name be entered in the central registry if the court finds by a preponderance of evidence that: (a) the person abused or neglected the child in any manner, including the use of excessive corporal punishment; and (b) the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children. (B) At the probable cause hearing, the court may order that the person be entered in the central registry if there is sufficient evidence to support the findings required by subsection (A). Effect of Amendment 2014 Act No. 281, SECTION 7, rewrote subsection (A)(1); and made other nonsubstantive changes.
S.C. Code Ann. § 63-9-750 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-750
SECTION 63-9-750. Final hearing.
Status: in_force

(A) The final hearing on the adoption petition must be held no later than six months after the filing of the adoption petition. In the case of a special needs child, the hearing must be held no later than twelve months after the filing of the adoption petition. In its discretion, upon good cause shown, the court may extend the time within which the final hearing on the adoption petition may be held. (B) Upon satisfactory examination by the court of the record, including the reports required in Section 63-9-520, and following the final hearing on the adoption petition the court shall issue an order granting the adoption if it finds that: (1) the adoptee has been in the actual custody of the petitioner for a period of ninety days unless the court finds as provided in subsection (A) that there is good cause for modifying the time within which the final hearing may be held; (2) all necessary consents or relinquishments for the purpose of adoption have been obtained; (3) notice of the adoption proceeding has been given to all persons entitled to receive notice under Sections 63-9-310 and 63-9-730, and any hearing resulting from the notice has been held and handled according to the satisfaction of the court; (4) the disbursements made and accounted for pursuant to Section 63-9-740 are reasonable costs for expenses incurred or for fees for services rendered; (5) the petitioner is a fit and proper person and able to care for the child and to provide for the child's welfare, and the petitioner desires to establish the relationship of parent and child with the adoptee; (6) the best interests of the adoptee are served by the adoption; and (7) if the petitioner is a nonresident of this State, the findings pursuant to Section 63-9-60(B) are included in the order, and there has been compliance with Article 11 (Interstate Compact on the Placement of Children). (C) The court shall enter its findings in a written decree which shall also include the new name of the adoptee, if appropriate, and may not include any other name by which the adoptee has been known or the names of the biological or presumed parents of the adoptee. The final adoption decree shall order what effect, if any, the adoption has on the legal rights and responsibilities of the adoptee's biological parents, that the adoptee is the child of the petitioner, and that the adoptee must be accorded the status provided for in Section 63-9-760. Effect of Amendment 2018 Act No. 144, SECTION 2, in (B)(7), substituted "Section 63-9-60(B)" for "Section 63-9-50". 2023 Act No. 80, SECTION 1, rewrote (A).
S.C. Code Ann. § 63-17-4035 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-4035
SECTION 63-17-4035. Applicability of article.
Status: in_force

This article applies to proceedings begun on or after the effective date of this article to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
S.C. Code Ann. § 63-3-30 — SC Code / Title 63 / Chapter 3 / Article 1 / Section 63-3-30
SECTION 63-3-30. Judges' qualifications and terms.
Status: in_force

(A)(1) No person shall be eligible to the office of family court judge who is not at the time of his assuming the duties of such office a citizen of the United States and of this State, and has not attained the age of thirty-two years, has not been a licensed attorney at law for at least eight years, and has not been a resident of this State for five years next preceding his election, and is not a resident of the circuit wherein the family court of which he is a judge is located. Notwithstanding any other provision of law, any former member of the General Assembly may be elected to the office of family court judge. (2) Any family court judge serving in office on the effective date of the provisions of this section requiring a family court judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future re-elections to the office of family court judge. (B) Family court judges must be elected by the General Assembly for terms of six years and until their successors are elected and qualify. (C) The terms of all family court judges expire on the thirtieth day of June of the year in which their terms are scheduled to expire. (D) For the purpose of electing family court judges, if more than one judge is to be elected from a circuit, each judgeship in that circuit shall be serially numbered beginning with the number (1) and the General Assembly shall elect a judge for each such judgeship. Any candidate for the office of family court judge in a circuit shall specifically file and run for a serially-numbered judgeship in that circuit. (E) When a vacancy occurs for an unexpired term in an office of family court judge, the Governor, upon recommendation of the Chief Justice, shall commission a temporary family court judge to fill such vacancy until such time as the General Assembly shall elect a successor who shall serve for the remainder of the unexpired term. Such temporary family court judge shall receive as compensation for his services the salary paid to a regular family court judge and in addition thereto shall also receive the subsistence and mileage as authorized by law for family court judges.
S.C. Code Ann. § 63-5-660 — SC Code / Title 63 / Chapter 5 / Article 6 / Section 63-5-660
SECTION 63-5-660. Care of custodial property.
Status: in_force

(a) A custodian shall: (1) take control of custodial property; (2) register or record title to custodial property if appropriate; and (3) collect, hold, manage, invest, and reinvest custodial property. (b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor. (c) A custodian may invest in or pay premiums on life insurance or endowment policies on (i) the life of the minor only if the minor or the minor's estate is the sole beneficiary, or (ii) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary. (d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for __________ (name of minor) under the South Carolina Uniform Transfers to Minors Act". (e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of fourteen years.
S.C. Code Ann. § 63-3-870 — SC Code / Title 63 / Chapter 3 / Article 7 / Section 63-3-870
SECTION 63-3-870. Removal.
Status: in_force

A guardian ad litem may be removed from a case at the discretion of the court.
S.C. Code Ann. § 63-15-260 — SC Code / Title 63 / Chapter 15 / Article 2 / Section 63-15-260
SECTION 63-15-260. Equal access to educational and medical records of child by parents.
Status: in_force

Notwithstanding the custody arrangement and in addition to all rights and duties given to parents pursuant to Section 63-5-30, each parent has equal access and the same right to obtain all educational records and medical records of his or her minor children and the right to participate in the children's school activities and extracurricular activities that are held in public locations unless prohibited by an order of the court or State law.
S.C. Code Ann. § 63-17-430 — SC Code / Title 63 / Chapter 17 / Article 3 / Section 63-17-430
SECTION 63-17-430. Bond in lieu of punishment.
Status: in_force

If the defendant in any proceeding brought under the provisions of Section 63-5-20, either before or after conviction, shall give bond, with one or more sureties approved by the clerk of the court, in the sum of not less than one hundred dollars nor more than three thousand dollars under such terms and conditions as the court in its discretion may deem wise and proper for the maintenance and support of the defendant's wife or minor unmarried child or children, he shall not be imprisoned or the fine imposed unless the condition of such bond is broken.
S.C. Code Ann. § 63-9-810 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-810
SECTION 63-9-810. State interest; purpose of registry.
Status: in_force

The State has a compelling interest in promptly providing stable and permanent homes for adoptive children and in preventing the disruption of adoptive placements. It is the purpose of the Responsible Father Registry to provide notice to unmarried biological fathers who affirmatively assume responsibility for children they may have fathered by registering with the Responsible Father Registry. 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. § 63-17-410 — SC Code / Title 63 / Chapter 17 / Article 3 / Section 63-17-410
SECTION 63-17-410. Form of arrest warrant.
Status: in_force

A warrant of arrest may be substantially in the following form: A petition for nonsupport having been filed against the above named respondent, __________, and a showing having been made to the Court that there exists one or more of the grounds for issuance of a warrant for the arrest of the respondent contained in The Family Court Act. Now, therefore, it is ORDERED that the Sheriff of __________ County or any lawful deputy arrest the above named __________ and commit (her/him) to the __________ County Jail or any other jail in the county to be held until (she/he) can be brought before the Court or otherwise released in accordance with the law. AND IT IS SO ORDERED __________ Judge __________, South Carolina".
S.C. Code Ann. § 63-17-1450 — SC Code / Title 63 / Chapter 17 / Article 11 / Section 63-17-1450
SECTION 63-17-1450. Petitions to stay service.
Status: in_force

(A) The obligor may prevent a notice to withhold from being served on the obligor's payor and prevent the recording of the arrearage pursuant to Section 63-17-1600 by filing a petition to stay service with the clerk of court with jurisdiction of the matter within ten days of the date that the notice of delinquency is postmarked; however, the grounds for granting the petition to stay service are limited to a dispute concerning the identity of the obligor or the existence or amount of the arrearage. (B) Filing of a petition to stay service within the ten days required under this section prohibits the clerk of court from serving the notice to withhold on any payor of the obligor and prohibits the recordation of the arrearage. (C) If a petition to stay service is filed, a hearing on the petition must be held within thirty days of its filing. The obligor, obligee, and Department of Social Services, where appropriate, must be notified by the clerk of court of the date, time, and place of the hearing and the court must decide the matter, notify the obligor, and enter an order granting or denying relief or amending the notice of delinquency within forty-five days of the date the notice of delinquency was mailed to the obligor. If the court finds that a delinquency existed when the notice of delinquency was mailed, the court shall order immediate service of the notice to withhold and the arrearage may be recorded immediately pursuant to Section 63-17-1600. The court shall inform the obligor of the time frame within which withholding is to begin and shall provide the obligor in writing with the information contained in the notice to withhold to be served on the payor with respect to the withholding. (D) Upon filing an affidavit with the court stating that a petition to stay service was not timely filed because the notice of delinquency was not received and that grounds exist for a petition to stay service as stated in subsection (A), the obligor is permitted to file a petition to withdraw the notice to withhold, terminate the withholding procedures, and remove the judgment created by the recording of the arrearage. Income withholding, however, may not be interrupted unless the court enters an order granting the relief sought by the obligor based on the limited grounds for a petition to stay service.
S.C. Code Ann. § 63-15-372 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-372
SECTION 63-15-372. Costs.
Status: in_force

(A) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and childcare during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate. (B) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this article.
S.C. Code Ann. § 63-11-510 — SC Code / Title 63 / Chapter 11 / Article 5 / Section 63-11-510
SECTION 63-11-510. Responsibilities of guardian ad litem.
Status: in_force

The responsibilities and duties of a guardian ad litem are to: (1) represent the best interests of the child; (2) advocate for the welfare and rights of a child involved in an abuse or neglect proceeding; (3) conduct an independent assessment of the facts, the needs of the child, and the available resources within the family and community to meet those needs; (4) maintain accurate, written case records; (5) provide the family court with a written report, consistent with the rules of evidence and the rules of the court, which includes without limitation evaluation and assessment of the issues brought before the court and recommendations for the case plan, the wishes of the child, if appropriate, and subsequent disposition of the case; (6) monitor compliance with the orders of the family court and to make the motions necessary to enforce the orders of the court or seek judicial review; (7) protect and promote the best interests of the child until formally relieved of the responsibility by the family court.
S.C. Code Ann. § 63-17-2940 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-2940
SECTION 63-17-2940. Application to Resident of Foreign Country and Foreign Support Proceeding.
Status: in_force

(A) A tribunal of this State shall apply Parts I through VI and, as applicable, Part VII, to a support proceeding involving: (1) a foreign support order; (2) a foreign tribunal; or (3) an obligee, obligor, or child residing in a foreign country. (B) A tribunal of this State that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Parts I through VI. (C) Part VII applies only to a support proceeding under the convention. In such a proceeding, if a provision of Part VII is inconsistent with Parts I through VI, Part VII controls. Part II Jurisdiction DERIVATION TABLE Showing the sections in former Chapter 7, Title 20 from which the sections in this part were derived.
S.C. Code Ann. § 63-15-600 — SC Code / Title 63 / Chapter 15 / Article 6 / Section 63-15-600
SECTION 63-15-600. Definitions.
Status: in_force

As used in this article: (1) "Abduction" means the wrongful removal or wrongful retention of a child. (2) "Child" means an unemancipated individual who is less than eighteen years of age. (3) "Child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. (4) "Child-custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence. (5) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination. (6) "Petition" means a motion or its equivalent. (7) "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. (8) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe or nation. (9) "Travel document" means records relating to a travel itinerary, including a travel ticket, pass, reservation for transportation, or accommodation. The term does not include a passport or visa. (10) "Wrongful removal" means the taking of a child that breaches rights of custody or visitation given or recognized under the laws of this State. (11) "Wrongful retention" means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the laws of this State.
S.C. Code Ann. § 63-17-360 — SC Code / Title 63 / Chapter 17 / Article 3 / Section 63-17-360
SECTION 63-17-360. Reconciliation efforts.
Status: in_force

Except where the circumstances indicate it to be undesirable, in all cases where an application for support has been made, an effort should be made by the judge to restore harmonious relations between the husband and wife and to adjust the issues raised by the application through conciliation and agreement. Where an agreement for the support of the petitioner is brought about, it must be reduced to writing and submitted to the court for approval. Where possible, the court shall see both parties and shall inquire of each whether the agreement, which he must state to them, is what they have agreed to. If it is, and the court shall approve it, the court without further hearing may thereupon enter an order for the support of the petitioner by the respondent in accordance with such agreement, which shall be binding upon the respondent and shall in all respects be a valid order as though it had been made after process has been issued out of the court. The court record shall show that such order was made upon agreement.
S.C. Code Ann. § 63-5-30 — SC Code / Title 63 / Chapter 5 / Article 1 / Section 63-5-30
SECTION 63-5-30. Rights and duties of parents regarding minor children.
Status: in_force

The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their children's school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child.
S.C. Code Ann. § 63-19-480 — SC Code / Title 63 / Chapter 19 / Article 3 / Section 63-19-480
SECTION 63-19-480. Compensation of victims of crime fund.
Status: in_force

There is created a fund within the Department of Juvenile Justice for the compensation of victims of crime. All contributions deducted from a juvenile's wages pursuant to Section 63-19-450(E)(3) or 63-19-460(C)(3) must be deposited into this fund. Of the amount contributed to the fund by each juvenile, ninety-five percent must be paid by the department on behalf of the juvenile as restitution to the victim or victims of the juvenile's adjudicated crime as ordered by the family court or the releasing entity, and five percent must be submitted to the Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation, Victim Compensation Fund. If the amount of restitution ordered has been paid in full or if there is no victim of the juvenile's adjudicated crime, the juvenile's contributions must be submitted to the Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation, Victim Compensation Fund. Effect of Amendment 2017 Act No. 96, Pt. II, SECTION 11, substituted "Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation, Victim Compensation Fund" for "South Carolina Victims' Compensation Fund" twice.
S.C. Code Ann. § 63-5-670 — SC Code / Title 63 / Chapter 5 / Article 6 / Section 63-5-670
SECTION 63-5-670. Use of custodial property.
Status: in_force

(a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (i) the duty or ability of the custodian personally or of any other person to support the minor, or (ii) any other income or property of the minor which may be applicable or available for that purpose. (b) On petition of an interested person or the minor if the minor has attained the age of fourteen years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor. (c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
S.C. Code Ann. § 63-17-1040 — SC Code / Title 63 / Chapter 17 / Article 7 / Section 63-17-1040
SECTION 63-17-1040. Obtaining information.
Status: in_force

The division shall obtain information on licensees pursuant to Section 63-17-1050 for the purposes of establishing, enforcing, and collecting support obligations.
S.C. Code Ann. § 63-17-1580 — SC Code / Title 63 / Chapter 17 / Article 11 / Section 63-17-1580
SECTION 63-17-1580. Centralized system of withholding.
Status: in_force

Amounts collected through the State Disbursement Unit are subject to court costs pursuant to Section 63-3-370(C), with disposition of all these fees made in accordance with Section 14-1-203. Employers shall make payment of the amount withheld to the State Disbursement Unit within seven working days of the date income is withheld. The department shall, in compliance with federal requirements, disburse child support funds received from employers to the custodial parent. 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. § 63-11-2400 — SC Code / Title 63 / Chapter 11 / Article 24 / Section 63-11-2400
SECTION 63-11-2400. South Carolina Child Abuse Response Protocol; failure to comply with protocol.
Status: in_force

In the investigation of a known or suspected crime against a child, a multidisciplinary team must follow the South Carolina Child Abuse Response Protocol as developed by the South Carolina Children's Justice Act Task Force and the South Carolina Network of Children's Advocacy Centers. Failure to comply with the South Carolina Child Abuse Response Protocol may not be used by the defense in any prosecution and is not grounds for dismissal of any criminal charge, nor does it provide any cause of action against any state agency, political subdivision, member of a multidisciplinary team, member of any prosecutor's office, member of any law enforcement agency, or law enforcement officer. Editor's Note 2021 Act No. 28, SECTION 1, provides as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Child Abuse Response Protocol Act'."
S.C. Code Ann. § 63-17-470 — SC Code / Title 63 / Chapter 17 / Article 3 / Section 63-17-470
SECTION 63-17-470. Proceedings and awards.
Status: in_force

(A) In any proceeding for the award of child support, there is a rebuttable presumption that the amount of the award which would result from the application of the guidelines required under Section 43-5-580(b) is the correct amount of child support to be awarded. A different amount may be awarded upon a showing that application of the guidelines in a particular case would be unjust or inappropriate. When the court orders a child support award that varies significantly from the amount resulting from the application of the guidelines, the court shall make specific, written findings of those facts upon which it bases its conclusion supporting that award. Findings that rebut the guidelines must state the amount of support that would have been required under the guidelines and include a justification of why the order varies from the guidelines. (B) Application of these guidelines to an existing child support order, in and of itself, is not considered a change in circumstances for the modification of that existing order, except in a Title IV-D case. (C) The court shall consider the following factors which may be possible reasons for deviation from the guidelines or may be used in determining whether a change in circumstances has occurred which would require a modification of an existing order: (1) educational expenses for the child or children or the spouse, to include those incurred for private, parochial, or trade schools, other secondary schools, or post-secondary education where there is tuition or related costs; (2) equitable distribution of property; (3) consumer debts; (4) families with more than six children; (5) unreimbursed extraordinary medical or dental expenses for the noncustodial or custodial parent; (6) mandatory deduction of retirement pensions and union fees; (7) support obligations for other dependents living with the noncustodial parent or noncourt ordered child support from another relationship; (8) child-related unreimbursed extraordinary medical expenses; (9) monthly fixed payments imposed by a court or operation of law; (10) significant available income of the child or children; (11) substantial disparity of income in which the noncustodial parent's income is significantly less than the custodial parent's income, thus making it financially impracticable to pay what the guidelines indicate the noncustodial parent should pay; (12) alimony; because of their unique nature, lump sum, rehabilitative, reimbursement, or any other alimony that the court may award, may be considered by the court as a possible reason for deviation from these guidelines; (13) agreements reached between parties; the court may deviate from the guidelines based on an agreement between the parties if both parties are represented by counsel or if, upon a thorough examination of any party not represented by counsel, the court determines the party fully understands the agreement as to child support. The court still has the discretion and the independent duty to determine if the amount is reasonable and in the best interest of the child or children. (D) Pursuant to Section 43-5-580(b), the department shall promulgate regulations which establish child support guidelines as a rebuttable presumption. The department shall review these regulations at least once every four years to ensure that their application results in appropriate child support award amounts.
S.C. Code Ann. § 63-7-1610 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1610
SECTION 63-7-1610. Jurisdiction and venue.
Status: in_force

(A) The family court has exclusive jurisdiction over all proceedings held pursuant to this article. (B) The county in which the child resides is the legal place of venue.
S.C. Code Ann. § 63-11-1310 — SC Code / Title 63 / Chapter 11 / Article 13 / Section 63-11-1310
SECTION 63-11-1310. Purpose.
Status: in_force

It is the purpose of this article to develop and enhance the delivery of services to severely emotionally disturbed children and youth and to ensure that the special needs of this population are met appropriately to the extent possible within this State. To achieve this objective, the Continuum of Care for Emotionally Disturbed Children Division is established as a division of the Department of Children's Advocacy. This article supplements and does not supplant existing services provided to this population. Editor's Note 2018 Act No. 160, SECTIONS 18.A and 18.B, provide as follows: "SECTION 18. A. Where the provisions of this act transfer duties, programs, or services of the Department of Administration to the Department of Children's Advocacy, the employees, authorized appropriations, and assets and liabilities of these divisions, services, and programs also are transferred to and become part of the Department of Children's Advocacy. All classified or unclassified personnel employed by the divisions, programs, services, or initiatives transferred from the Department of Administration, either by contract or by employment at will, become on July 1, 2019, employees of the Department of Children's Advocacy, with the same compensation, classification, and grade level, as applicable. Before the transfer of the applicable divisions, programs, services, or initiatives of the Department of Administration pursuant to this act, these agencies and organizations shall cause all necessary actions to be taken to accomplish this transfer in accordance with state and federal laws and regulations." "B. Applicable regulations promulgated by the Department of Administration are continued and are considered to be promulgated by the Department of Children's Advocacy. Applicable contracts entered into by the Department of Administration are continued and are considered to be devolved upon the Department of Children's Advocacy at the time of the transfer." Effect of Amendment 2014 Act No. 121, SECTION 7.MM.2, substituted "as a division of the Department of Administration" for "in the office of the Governor". 2018 Act No. 160, SECTION 6, in the second sentence, substituted "Department of Children's Advocacy" for "Department of Administration".
S.C. Code Ann. § 63-15-544 — SC Code / Title 63 / Chapter 15 / Article 5 / Section 63-15-544
SECTION 63-15-544. Procedure for terminating temporary grant of custodial responsibility established by agreement.
Status: in_force

(A) At any time following return from deployment, a temporary agreement granting custodial responsibility pursuant to Subarticle 2 may be terminated by an agreement to terminate signed by the deploying parent and the other parent. (B) The temporary agreement granting custodial responsibility terminates: (1) if the agreement to terminate specifies a date for termination, on that date; or (2) if the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by both parents. (C) In the absence of an agreement to terminate, the temporary agreement granting custodial responsibility terminates sixty days from the date of the deploying parent's giving notice to the other parent of having returned from deployment. (D) If the temporary agreement granting custodial responsibility was filed with a court pursuant to Section 63-15-522, an agreement to terminate the temporary agreement also must be filed with that court within a reasonable period of time after the signing of the agreement. The case number and heading of the existing custodial responsibility or child support case must be provided to the court with the agreement to terminate.
S.C. Code Ann. § 63-7-730 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-730
SECTION 63-7-730. Expedited placement of child with relative.
Status: in_force

(A) If the court finds at the probable cause hearing that the department made reasonable efforts to prevent removal of the child and that continuation of the child in the home would be contrary to the welfare of the child, the court may order expedited placement of the child with a grandparent or other relative of the first or second degree. In making this expedited placement decision, the court shall consider the totality of the circumstances including, but not limited to, the individual's suitability, fitness, and willingness to serve as a placement for the child. A parent who complies with these requirements must be the first relative considered by the court for expedited placement. The court shall require the department to check the names of all adults in the home against the Central Registry of Child Abuse and Neglect, other relevant records of the department, county sex abuse registers, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the person resides and, to the extent reasonably possible, jurisdictions in which the person has resided during that period. The court may hold open the record of the probable cause hearing for up to twenty-four hours to receive these reports. Nothing in this section precludes the department from requesting or the court from ordering pursuant to the department's request either a full study of the individual's home before placement or the licensing or approval of the individual's home before placement. (B) If the court orders expedited placement of the child with a grandparent or other relative of the first or second degree, the individual may be added as a party to the action for the duration of the case or until further order of the court. Effect of Amendment The 2013 amendment rewrote the section.
S.C. Code Ann. § 63-3-650 — SC Code / Title 63 / Chapter 3 / Article 5 / Section 63-3-650
SECTION 63-3-650. Power to issue writ of habeas corpus.
Status: in_force

Any judge shall have the power to issue a writ of habeas corpus to produce any person under the age of seventeen in court where necessary.
S.C. Code Ann. § 63-11-20 — SC Code / Title 63 / Chapter 11 / Article 1 / Section 63-11-20
SECTION 63-11-20. Exemptions.
Status: in_force

(A) This article does not apply to: (1) child welfare agencies operating under the active supervision of a governing board representing an established religious denomination, except as these agencies voluntarily assume the obligations and acquire the rights provided by this article; (2) any children's home or institution to which state funds are appropriated; (3) the John de la Howe School in McCormick County; provided, that the board of trustees of that school may elect to be licensed by the department, in which case the board of trustees shall request, by resolution, the department to license the John de la Howe School. When a license has been issued to the John de la Howe School by the department, pursuant to this article, the school is bound by all regulations promulgated by the department relating to licensing standards and other matters pertaining to licensing standards; (4) rescue missions or other similar charitable institutions organized before May 8, 1959, for the purpose of providing temporary care and custody of children and other needy persons and operating under a local board of trustees pursuant to and authorized by law. (B) However, a foster care facility which does not receive state or federal financial assistance, operated by a local church congregation or established religious denomination or religious college or university must register with the department and report the number of children kept at the facility with the State Department of Social Services by January second of every year. These facilities must pass annual inspections by state or local authorities for compliance with the fire, health, and sanitation requirements.
S.C. Code Ann. § 63-11-560 — SC Code / Title 63 / Chapter 11 / Article 5 / Section 63-11-560
SECTION 63-11-560. Immunity from liability for guardian ad litem.
Status: in_force

After participating in the training program of the South Carolina Guardian ad Litem Program, or a county guardian ad litem program operating pursuant to Section 63-11-500(B), a person who is appointed to serve as guardian ad litem and serves without compensation is not liable for any civil damages for any personal injury as a result of any act or omission by the person in the discharge of the responsibilities of a guardian ad litem if the person acts in good faith and is not guilty of gross negligence.
S.C. Code Ann. § 63-15-394 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-394
SECTION 63-15-394. Applicability to prior proceedings.
Status: in_force

A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before the effective date of this act is governed by the law in effect at the time the motion or other request was made.
S.C. Code Ann. § 63-15-508 — SC Code / Title 63 / Chapter 15 / Article 5 / Section 63-15-508
SECTION 63-15-508. Notice required of deploying parent.
Status: in_force

(A) Except as provided in subsection (D), and subject to subsection (C), a deploying parent shall notify in a record the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent providing notification within seven days, such notification must be made as soon as reasonably possible thereafter. (B) Except as provided in subsection (D), and subject to subsection (C), each parent shall provide in a record the other parent with a plan for fulfilling that parent's share of custodial responsibility during deployment as soon as reasonably possible after receiving notice of deployment. (C) If an existing court order prohibits disclosure of the address or contact information of the other parent, a notification of deployment pursuant to subsection (A) or notification of a plan for the custodial responsibility during deployment pursuant to subsection (B) may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent. (D) Notice in a record is not required if the parents are living in the same residence and there is actual notice of the deployment or plan. (E) In a proceeding regarding custodial responsibility between parents, a court may consider the reasonableness of a parent's efforts to comply with this section.
S.C. Code Ann. § 63-13-460 — SC Code / Title 63 / Chapter 13 / Article 3 / Section 63-13-460
SECTION 63-13-460. License denial; nonrenewal; notice; hearings; appeals.
Status: in_force

(A) An applicant who has been denied a license by the department must be given prompt written notice by certified or registered mail. The notice shall indicate the reasons for the proposed action and shall inform the applicant of the right to appeal the decision to the director in writing within thirty days after the receipt of notice of denial. An appeal from the final decision of the director may be taken to an administrative law judge pursuant to the Administrative Procedures Act. (B) A licensee whose application for renewal is denied or whose license is about to be revoked must be given written notice by certified or registered mail. The notice must contain the reasons for the proposed action and shall inform the licensee of the right to appeal the decision to the director or his designee in writing within thirty calendar days after the receipt of the notice. An appeal from the final decision of the director may be taken to an administrative law judge pursuant to the Administrative Procedures Act. (C) At the hearing provided for in this section, the applicant or licensee may be represented by counsel and has the right to call, examine, and cross-examine witnesses and to otherwise introduce evidence. Parents appearing at the hearing may also be represented by counsel. The hearing examiner is empowered to require the presence of witnesses and evidence by subpoena on behalf of the appellant or department. The final decision of the department must be in writing, must contain the department's findings of fact and rulings of law, and must be mailed to the parties to the proceedings by certified or registered mail to their last known addresses as may be shown in the application, or otherwise. A full and complete record must be kept of all proceedings, and all testimony must be reported but need not be transcribed unless the department's decision is appealed, or a transcript is requested by an interested party. Upon an appeal, the department shall furnish to any appellant, free of charges, a certified copy of the transcript of all evidentiary proceedings before it. Other parties shall pay the cost of transcripts prepared at their request. (D) The decision of the department is final unless appealed by a party to an administrative law judge pursuant to the Administrative Procedures Act.
S.C. Code Ann. § 63-11-960 — SC Code / Title 63 / Chapter 11 / Article 9 / Section 63-11-960
SECTION 63-11-960. Deposit and distribution of contributions pursuant to Section 12-6-5060.
Status: in_force

Funds from the receipt of contributions pursuant to Section 12-6-5060 must be deposited in the Trust Fund for disbursement as prescribed by this article. Code Commissioner's Note At the direction of the Code Commissioner, the reference to Section 12-6-2416 was corrected to reference Section 12-6-5060, as provided in 2008 Act No. 361 SECTION 2.
S.C. Code Ann. § 63-7-2560 — SC Code / Title 63 / Chapter 7 / Article 7 / Section 63-7-2560
SECTION 63-7-2560. Representation by counsel; guardian ad litem.
Status: in_force

(A) Parents, guardians, or other persons subject to a termination of parental rights action are entitled to legal counsel. Those persons unable to afford legal representation must be appointed counsel by the family court, unless the defendant is in default. (B) A child subject to any judicial proceeding under this article must be appointed a guardian ad litem by the family court. If a guardian ad litem who is not an attorney finds that appointment of counsel is necessary to protect the rights and interests of the child, an attorney must be appointed. If the guardian ad litem is an attorney, the judge must determine on a case-by-case basis whether counsel is required for the guardian ad litem. However, counsel must be appointed for a guardian ad litem who is not an attorney in any case that is contested.
S.C. Code Ann. § 63-7-1410 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1410
SECTION 63-7-1410. Purpose.
Status: in_force

The purpose of this subarticle is to provide a child protective services appeals process for reports that have been indicated pursuant to Subarticles 5 and 13 and are not being brought before the family court for disposition and for reports indicated and entered in the Central Registry pursuant to Section 63-7-1230 and not being brought before the family court for disposition. The appeals hearing must be scheduled and conducted in accordance with the department's fair hearing regulations. This process is available only to the person determined to have abused or neglected the child.
S.C. Code Ann. § 63-19-1830 — SC Code / Title 63 / Chapter 19 / Article 17 / Section 63-19-1830
SECTION 63-19-1830. Legal representation before board.
Status: in_force

The parole board shall permit legal representation of a juvenile who appears before it for the purpose of parole or parole revocation. The department shall allocate funds to contract with a public defender corporation or similar type legal program for legal assistance for the purpose of appearing before the parole board for a juvenile who desires this service but who cannot either personally or through the juvenile's family afford the assistance.
S.C. Code Ann. § 63-17-3350 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3350
SECTION 63-17-3350. Nonparentage defense.
Status: in_force

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this article. Effect of Amendment 2015 Act No. 33, SECTION 1, reenacted this section with no change.
S.C. Code Ann. § 63-15-346 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-346
SECTION 63-15-346. Information regarding other proceedings.
Status: in_force

(A) Subject to local law providing for the confidentiality of procedures, addresses, and other identifying information, in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party: (1) has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any; (2) knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and (3) knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons. (B) If the information required by subsection (A) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished. (C) If the declaration as to any of the items described in subsection (A)(1) through (3) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case. (D) Each party has a continuing duty to inform the court of any proceeding in this State or any other state that could affect the current proceeding. (E) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.
S.C. Code Ann. § 63-7-2330 — SC Code / Title 63 / Chapter 7 / Article 5 / Section 63-7-2330
SECTION 63-7-2330. Placement with relatives.
Status: in_force

(A) When the Department of Social Services has custody of a child and places that child with a relative who is licensed to provide foster care, the agency must provide the same services and financial benefits as provided to other licensed foster homes. Children placed pursuant to this section are subject to the permanency planning requirements in Section 63-7-1700. (B) If the department has determined that it is in the best interest of a child requiring foster care that the child be placed with a relative, and the relative is not licensed to provide foster care, or if a relative advises the department that the relative is interested in providing placement for a child requiring foster care, and the relative is not licensed to provide foster care, the department shall inform the relative of the procedures for obtaining licensure and the benefits of licensure, 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. The department also shall provide information and reasonable assistance to a relative seeking a foster care license to the same extent that it provides this information and assistance to other persons contacting the department about foster care licensing. Effect of Amendment 2018 Act No. 146, SECTION 4, in (B), in the first sentence, inserted "and the relative is not licensed to provide foster care," preceding "the department shall inform the relative" and added ", 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" at the end.
S.C. Code Ann. § 63-7-400 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-400
SECTION 63-7-400. Department of Social Services immunity from liability.
Status: in_force

An employee, volunteer, or official of the Department of Social Services required or authorized to perform child protective or child welfare-related functions or an individual with whom the department has contracted to convene family group conferences or a law enforcement officer required or authorized to perform child protective or child welfare related functions is immune from civil or criminal liability which might otherwise result by reason of acts or omissions within the scope of the official duties of the employee, volunteer, convener, officer, or official, as long as the employee, volunteer, convener, officer, or official acted in good faith and was not reckless, wilful, wanton, or grossly negligent. In all such civil or criminal proceedings good faith is rebuttably presumed. This grant of immunity is cumulative to and does not replace any other immunity provided under the South Carolina Tort Claims Act.
S.C. Code Ann. § 63-7-2830 — SC Code / Title 63 / Chapter 7 / Article 9 / Section 63-7-2830
SECTION 63-7-2830. Establishment of supplemental benefits for legal guardianship program.
Status: in_force

The department shall establish and administer an ongoing program of supplemental benefits for legal guardianship. Supplemental benefits and services for children under this program must be provided with funds appropriated to the department for these purposes.
S.C. Code Ann. § 63-9-350 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-350
SECTION 63-9-350. Withdrawal of consent or relinquishment.
Status: in_force

Withdrawal of any consent or relinquishment is not permitted except by order of the court after notice and opportunity to be heard is given to all persons concerned, and except when the court finds that the withdrawal 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. Any person attempting to withdraw consent or relinquishment shall file the reasons for withdrawal with the family court. The entry of the final decree of adoption renders any consent or relinquishment irrevocable.
S.C. Code Ann. § 63-15-430 — SC Code / Title 63 / Chapter 15 / Article 4 / Section 63-15-430
SECTION 63-15-430. Definitions.
Status: in_force

For purposes of this act, the term "blind" or "blindness" means: (A) vision that is 20/200 or less in the best corrected eye; or (B) vision that subtends an angle of not greater than twenty degrees in the best corrected eye.
S.C. Code Ann. § 63-17-10 — SC Code / Title 63 / Chapter 17 / Article 1 / Section 63-17-10
SECTION 63-17-10. Purpose; definitions.
Status: in_force

(A) The purpose of this article is to establish a procedure to aid in the determination of the paternity of an individual. (B) As used in this article, "child" includes, but is not limited to, a person under the age of eighteen years. (C) An action to establish the paternity of an individual may be brought by: (1) a child; (2) the natural mother of a child; (3) any person in whose care a child has been placed; (4) an authorized agency, including, but not limited to, the Department of Social Services, pursuant to the provisions of Chapter 5 of Title 43, and any other person or agency pursuant to the provisions of Sections 63-3-550 and 63-17-340; or (5) a person who claims to be the father of a child. (D) If an action is brought under this article prior to the birth of a child, all proceedings must be stayed until after the birth of the child except the service of a summons and the taking of depositions or other discovery procedures. (E) Whenever an action threatens to make a child illegitimate, the presumed legal father and the putative natural father must be made parties respondents to the action. A child under the age of eighteen years must be represented by a guardian ad litem appointed by the court. Neither the mother nor the presumed or putative father of the child may represent him as guardian ad litem.
S.C. Code Ann. § 63-7-980 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-980
SECTION 63-7-980. Cooperation between the department and law enforcement.
Status: in_force

(A) The department must cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the department. (B)(1) Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the department must notify the appropriate law enforcement agency of those facts within twenty-four hours of the department's finding for the purposes of police investigation. The law enforcement agency must file a formal incident report at the time it is notified by the department of the finding. (2) When the intake report is of alleged sexual abuse, the department must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency must file a formal incident report at the time it is notified of the alleged sexual abuse. (C) The law enforcement agency must provide to the department copies of incident reports generated in any case reported to law enforcement by the department and in any case in which the officer responsible for the case knows the department is involved with the family or the child. The law enforcement officer must make reasonable efforts to advise the department of significant developments in the case, such as disposition in summary court, referral of a juvenile to the Department of Juvenile Justice, arrest or detention, trial date, and disposition of charges. (D) The department must include in its records copies of incident reports provided under this section and must record the disposition of charges.
S.C. Code Ann. § 63-19-350 — SC Code / Title 63 / Chapter 19 / Article 3 / Section 63-19-350
SECTION 63-19-350. Community services.
Status: in_force

The department shall provide community services as the director shall assign to it which shall include, but are not limited to: (1) family court intake screening and referral counseling; (2) serving, advising, and counseling children placed on probation by the family court; (3) serving, advising, and counseling children in institutions as may be necessary for the placement of the children in a proper environment after release and for the placement of children in suitable jobs where necessary and proper; (4) supervising and guiding children released or conditionally released from institutions; (5) counseling children released or conditionally released from its commitment facilities; (6) coordinating the activities of supporting community agencies which aid in the social adjustment of children released from its commitment facilities; (7) providing or arranging for necessary services leading to the rehabilitation of delinquents either within the department or through cooperative arrangements with other appropriate agencies; (8) providing counseling and supervision for a child under twelve years of age who has been adjudicated delinquent or convicted of a crime or who has entered a plea of guilty or nolo contendere, when other suitable personnel is not available and upon request of the court; (9) providing detention screening services when a child is taken into custody for violation of a law or ordinance as provided for in this chapter; (10) providing prevention services including short- and long-range planning, establishing statewide priorities and standards, developing public awareness programs, and providing technical assistance to local government in the development of prevention programs; (11) developing secure and nonsecure alternatives to jail; (12) providing a variety of community-based programs to augment regular probation services including, but not limited to, volunteer services, restitution, community-work programs, family counseling, and contract probation with specific sanctions for various types of behavior; (13) providing a variety of community-based programs to serve as alternatives to institutions including, but not limited to, halfway houses, work release, intensive supervision services, restitution, forestry and wilderness camps, marine science programs, and other residential and nonresidential programs; (14) providing programs to divert juveniles, where proper and appropriate, from the juvenile justice system; (15) juveniles must be assigned to intensive probation or aftercare services by the Department of Juvenile Justice. Juveniles assigned to these intensive supervision services must be those juveniles who require enhanced supervision, monitoring and contacts, or a higher level of treatment services. Intensive supervision must be provided by the department in all regions of the State. In conjunction with establishing these intensive supervision services, the department shall develop an array of graduated sanctions and impose these sanctions on offenders being provided intensive supervision services for technical rule violations and minor infractions, whenever feasible to do so, in lieu of re-incarceration of the juvenile in a secure correctional facility. The array of graduated sanctions developed by the department may include, as a condition of probation or parole, placement of a juvenile in a staff or environmentally secure residential program. Case workers selected to monitor, supervise, and serve juveniles assigned to intensive supervision services shall have caseloads of no more than twenty juveniles.
S.C. Code Ann. § 63-7-2780 — SC Code / Title 63 / Chapter 7 / Article 8 / Section 63-7-2780
SECTION 63-7-2780. Review of progress toward meeting goals in transition plan.
Status: in_force

Upon motion of the child or the department at any time, the court may review the child's case to address progress being made toward meeting the child's goals as set forth in the transition plan. The department must provide notice at least ten days before a hearing held pursuant to this section, and the notice must advise the child of the procedures to request counsel if the child desires representation. The child is entitled to be present for the hearing. No responsive pleading is required. 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. § 63-17-1830 — SC Code / Title 63 / Chapter 17 / Article 13 / Section 63-17-1830
SECTION 63-17-1830. Order to withhold income out-of-state.
Status: in_force

On behalf of any obligee for whom the clerk of court is already providing services, or on application of a resident of this State, an obligee or obligor of a support order issued by this State, or an agency to whom the obligee has assigned support rights, the clerk of court shall promptly request the agency of another jurisdiction in which the obligor of a support order derives income to enter the order for the purpose of obtaining income withholding against the income. The clerk of court shall compile and transmit promptly to the agency of the other jurisdiction all documentation required to enter a support order for this purpose. The clerk of court also shall transmit immediately to the agency of the other jurisdiction a certified copy of any subsequent modifications of the support order. If the clerk of court receives notice that the obligor is contesting income withholding in another jurisdiction, it shall immediately notify the individual obligee of the date, time, and place of the hearings and of the obligee's right to attend.
S.C. Code Ann. § 63-15-524 — SC Code / Title 63 / Chapter 15 / Article 5 / Section 63-15-524
SECTION 63-15-524. Proceeding for temporary custody order.
Status: in_force

(A) After a deploying parent receives notice of deployment and during the deployment, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Sections 521-522. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent. (B) At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in an existing proceeding for custodial responsibility of the child with jurisdiction pursuant to Section 63-15-506 or, if there is no existing proceeding in a court with jurisdiction pursuant to Section 63-15-506, in a new action for granting custodial responsibility during deployment.
S.C. Code Ann. § 63-13-200 — SC Code / Title 63 / Chapter 13 / Article 1 / Section 63-13-200
SECTION 63-13-200. Unlawful offenses near childcare facilities.
Status: in_force

It is a separate criminal offense, and a felony, for a person to unlawfully commit any of the offenses listed in Chapter 3 of Title 16, Offenses Against the Person, a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, or the crime of contributing to the delinquency of a minor contained in Section 16-17-490 while within a radius of one hundred yards of the grounds of a public or private childcare facility. A person who commits this offense must, upon conviction, be punished by a fine not to exceed ten thousand dollars or imprisonment not to exceed ten years or both, in addition to any other penalty imposed by law and not in lieu of any other penalty.
S.C. Code Ann. § 63-15-522 — SC Code / Title 63 / Chapter 15 / Article 5 / Section 63-15-522
SECTION 63-15-522. Filing agreement or power of attorney with court.
Status: in_force

An agreement or power of attorney made under this subarticle must be filed within a reasonable period of time with any court that has entered an existing order on custodial responsibility or child support concerning the child. The case number and heading of the existing case concerning custodial responsibility or child support must be provided to the court with the agreement or power of attorney.
S.C. Code Ann. § 63-19-30 — SC Code / Title 63 / Chapter 19 / Article 1 / Section 63-19-30
SECTION 63-19-30. Other state agencies; preexisting obligations.
Status: in_force

(A) It is the duty of other state agencies providing financial assistance and other children's services related to the purposes of this chapter to cooperate with the department in carrying out its responsibilities to children and their families. (B) Nothing in this chapter may be construed to relieve a state or local unit of government of any preexisting legal obligation to provide payments, services, or facilities.
S.C. Code Ann. § 63-5-690 — SC Code / Title 63 / Chapter 5 / Article 6 / Section 63-5-690
SECTION 63-5-690. Renunciation, resignation, death, or removal of custodian; designation of successor custodian.
Status: in_force

(a) A person nominated under Section 63-5-615 or designated under Section 63-5-645 as custodian may decline to serve by delivering a written renunciation to the person who made the nomination or to the transferor or the transferor's legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under Section 63-5-615, the person who made the nomination may nominate a substitute custodian under Section 63-5-615; otherwise the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under Section 63-5-645(a). The custodian so designated has the rights of a successor custodian. (b) A custodian at any time may designate a trust company or an adult other than a transferor under Section 63-5-620 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed. (c) A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of fourteen years and to the successor custodian and by delivering the custodial property to the successor custodian. (d) If a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of fourteen years, the minor may designate as successor custodian, in the manner prescribed in subsection (b), an adult member of the minor's family, a conservator of the minor, or a trust company. If the minor has not attained the age of fourteen years or fails to act within sixty days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family, or any other interested person may petition the court to designate a successor custodian. (e) A custodian who declines to serve under subsection (a) or resigns under subsection (c), or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received. (f) A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of fourteen years may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under Section 63-5-620 or to require the custodian to give appropriate bond.
S.C. Code Ann. § 63-3-860 — SC Code / Title 63 / Chapter 3 / Article 7 / Section 63-3-860
SECTION 63-3-860. Disclosure.
Status: in_force

A guardian ad litem appointed by the family court in a custody or visitation action must, upon notice of the appointment, provide written disclosure to each party: (1) of the nature, duration, and extent of any relationship the guardian ad litem or any member of the guardian's immediate family residing in the guardian's household has with any party; (2) of any interest adverse to any party or attorney which might cause the impartiality of the guardian ad litem to be challenged; (3) any membership or participation in any organization related to child abuse, domestic violence, or drug and alcohol abuse.
S.C. Code Ann. § 63-17-2770 — SC Code / Title 63 / Chapter 17 / Article 21 / Section 63-17-2770
SECTION 63-17-2770. Full faith and credit.
Status: in_force

A child support enforcement agency in a jurisdiction outside this State may request the division to enforce a child support order issued by a court or administrative agency in another jurisdiction or a lien arising under the law of another jurisdiction. The order or lien must be accorded full faith and credit and the order or lien must be enforced as if the order was issued or the lien arose in South Carolina, without the necessity of registering the order with the court.
S.C. Code Ann. § 63-7-2510 — SC Code / Title 63 / Chapter 7 / Article 7 / Section 63-7-2510
SECTION 63-7-2510. Purpose.
Status: in_force

The purpose of this article is to establish procedures for the reasonable and compassionate termination of parental rights where children are abused, neglected, or abandoned in order to protect the health and welfare of these children and make them eligible for adoption by persons who will provide a suitable home environment and the love and care necessary for a happy, healthful, and productive life.
S.C. Code Ann. § 63-5-320 — SC Code / Title 63 / Chapter 5 / Article 3 / Section 63-5-320
SECTION 63-5-320. Minor's capacity to borrow for higher education.
Status: in_force

Notwithstanding any other provisions of law to the contrary, any person who, not having attained his majority, contracts to borrow money to defray the expenses of attending any institution of higher learning, shall have full legal capacity to act in his own behalf and shall have all the rights, powers and privileges and be subject to the obligations of persons of full age with respect to any such contracts.
S.C. Code Ann. § 63-15-10 — SC Code / Title 63 / Chapter 15 / Article 1 / Section 63-15-10
SECTION 63-15-10. "Tender Years Doctrine" abolished.
Status: in_force

The "Tender Years Doctrine" in which there is a preference for awarding a mother custody of a child of tender years is abolished.
S.C. Code Ann. § 63-15-526 — SC Code / Title 63 / Chapter 15 / Article 5 / Section 63-15-526
SECTION 63-15-526. Expedited hearing.
Status: in_force

If a motion to grant custodial responsibility is filed before a deploying parent deploys, the court shall conduct an expedited hearing.
S.C. Code Ann. § 63-3-370 — SC Code / Title 63 / Chapter 3 / Article 3 / Section 63-3-370
SECTION 63-3-370. Fees and costs.
Status: in_force

(A) In delinquency and neglect actions no court fee may be charged against and no witness fee is allowed to a party to a petition. No officer of this State or of a political subdivision of this State may receive a fee for the service of process or for attendance in court in the proceeding, except that in divorce proceedings the officer is allowed the fee provided by law and except when the sheriff or clerk of court has entered into a cooperative agreement with the South Carolina Department of Social Services pursuant to Title IV-D of the Social Security Act for the reimbursement of federal matching funds. All other persons acting under orders of the court may be paid for services or service of process fees provided by law for like services in cases before the circuit court, to be paid from the appropriation provided when the allowances are certified to by the judge. (B) The sheriff, municipal police, constable, or any peace officer shall serve all papers in delinquency, dependency, and neglect cases without costs, except as provided for in subsection (A). (C) In actions for support for the spouse or dependent children, when paid through the court or through a centralized wage withholding system operated by the Department of Social Services and not directly, the court shall assess costs against the party required to pay the support in the amount of five percent of the support paid, which costs must be in addition to the support money paid. The revenue from the costs must be remitted as provided in Section 14-1-203. By making the additional five percent payment on child support required by this subsection to the court or through the centralized wage withholding system operated by the Department of Social Services, the payor agrees: (1) that this payment is in satisfaction of court costs assessed; (2) that this payment is not child support under 45 CFR 302.51 but is in addition to all child support paid; (3) to the distribution of this payment to the State for court costs. (D) In actions initiated by the department pursuant to Section 63-7-1650 or 63-7-1660, the court, only after a hearing on the merits, may impose a fee of one hundred dollars against the defendant. If the court does not order removal of custody or intervention and protective services with the child remaining in the home, the fee must be waived. The court may assess the fee against any one defendant or apportion the fee among multiple defendants. The fee may be paid in installments as the court may order; however, the court may not assess a defendant a fee if the defendant's legal assistance is paid for with public funds or if the defendant is qualified for court appointment in accordance with Section 63-7-1620. The clerk of court shall collect the fee and remit it to the department. The department shall retain the fees remitted to be used to offset the expenses associated with its legal representation in child abuse and neglect cases.
S.C. Code Ann. § 63-15-334 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-334
SECTION 63-15-334. Custody modification by another state.
Status: in_force

Except as otherwise provided in Section 63-15-336, a court of this State may not modify a child custody determination made by a court of another state unless a court of this State has jurisdiction to make an initial determination under Section 63-15-330(A)(1) or (2) and: (1) the court of the other state determines it no longer has exclusive, continuing jurisdiction under Section 63-15-332 or that a court of this State would be a more convenient forum under Section 63-15-342; or (2) a court of this State or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.
S.C. Code Ann. § 63-19-490 — SC Code / Title 63 / Chapter 19 / Article 3 / Section 63-19-490
SECTION 63-19-490. Authority to promulgate regulations.
Status: in_force

The Department of Juvenile Justice in consultation with this state's regulatory agencies may promulgate regulations which are necessary to implement Sections 63-19-450 and 63-19-460.
S.C. Code Ann. § 63-7-1970 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1970
SECTION 63-7-1970. Release of information.
Status: in_force

Information in the central registry and other department records may be released only as authorized in Section 63-7-1990 or as otherwise specifically authorized by statute. Information in records of the department other than the Central Registry of Child Abuse and Neglect must not be used for screening potential employees or volunteers of any public or private entity, except as specifically provided by Section 63-7-1990 or as otherwise provided by statute. However, nothing in this section prevents the department from using other information in its records when making decisions associated with administration or delivery of the department's programs and services.
S.C. Code Ann. § 63-5-620 — SC Code / Title 63 / Chapter 5 / Article 6 / Section 63-5-620
SECTION 63-5-620. Transfer by gift or exercise of power of appointment.
Status: in_force

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to Section 63-5-645.
S.C. Code Ann. § 63-17-3340 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3340
SECTION 63-17-3340. Immunity of petitioner.
Status: in_force

(A) Participation by a petitioner in a proceeding under this article before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. (B) A petitioner is not amenable to service of civil process while physically present in this State to participate in a proceeding under this article. (C) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this article committed by a party while physically present in this State to participate in the proceeding. Effect of Amendment 2015 Act No. 33, SECTION 1, reenacted this section with no change.
S.C. Code Ann. § 63-17-325 — SC Code / Title 63 / Chapter 17 / Article 3 / Section 63-17-325
SECTION 63-17-325. Child support obligations start at date of conception.
Status: in_force

(A) A biological father of a child has a duty to pay the mother of the child the following financial obligations beginning with the date of conception: (1) child support payment obligations in an amount determined pursuant to Section 63-17-470; (2) fifty percent of the mother's pregnancy expenses. (a) Any portion of a mother's pregnancy expenses paid by the mother or the biological father reduces that parent's fifty percent obligation regardless of when the mother or biological father pays the pregnancy expenses. (b) Pregnancy expenses must include fifty percent of the mother's insurance premiums that are not paid by her employer or governmental program beginning from the date of conception and before the pregnancy ends, unless otherwise ordered by the court. (c) Item (2) does not apply if a court apportions pregnancy expenses as part of an award of child support in item (1). (B) In the case of a mother who becomes pregnant as a result of rape or incest, the biological father, in addition to the duties imposed by subsection (A), also is responsible for the full cost of any expenses incurred by the mother for mental health counseling arising out of the rape or incest. (C) The duties imposed by this section accrue at the time of conception and must be applied retroactively when paternity is contested, and medical evidence establishes the paternity of the child. Interest accrues on any retroactive obligations beginning with conception until either the obligations are brought current or paid in full whichever happens first. The rate of interest must be calculated based on the applicable interest rate for money decrees and judgments in this State established annually by the South Carolina Supreme Court. Editor's Note 2023 Act No. 70, SECTIONS 11 and 12, provide as follows: "SECTION 11. The Public Employee Benefit Authority and the State Health Plan shall cover prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses. The State Health Plan shall not apply patient cost sharing provisions to covered contraceptives. "SECTION 12. The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives have an unconditional right to intervene on behalf of their respective bodies in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges the constitutionality of this act. In a federal court action that challenges the constitutionality of this act the Legislature may seek to intervene, to file an amicus brief, or to present arguments in accordance with federal rules of procedure. Intervention by the Legislature pursuant to this provision does not limit the duty of the Attorney General to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided. In any action in which the Legislature intervenes or participates, the Senate and the House of Representatives shall function independently from each other in the representation of their respective clients."
S.C. Code Ann. § 63-7-670 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-670
SECTION 63-7-670. Returning child to parents; alternative procedures.
Status: in_force

If emergency protective custody of the child was taken by a law enforcement officer pursuant to this subarticle, and the department concludes after the preliminary investigation that the child should be returned to the child's parent, guardian, or custodian, the department shall consult with the law enforcement officer who took emergency protective custody unless the department and the law enforcement agency have agreed to an alternative procedure. If the officer objects to the return of the child, the department must assume legal custody of the child until a probable cause hearing can be held. The alternative procedure agreed to by the department and the law enforcement agency may provide that the child must be retained in custody if the officer cannot be contacted, conditions under which the child may be returned home if the officer cannot be contacted, other persons within the law enforcement agency who are to be consulted instead of the officer, or other procedures. If no alternative procedure has been agreed to and the department is unable to contact the law enforcement officer after reasonable efforts to do so, the department shall consult with the officer's designee or the officer's agency.
S.C. Code Ann. § 63-13-410 — SC Code / Title 63 / Chapter 13 / Article 3 / Section 63-13-410
SECTION 63-13-410. Licensure required for private centers and group homes.
Status: in_force

No person, corporation, partnership, voluntary association, or other organization may operate a private childcare center or group childcare home unless licensed to do so by the department.
S.C. Code Ann. § 63-17-1470 — SC Code / Title 63 / Chapter 17 / Article 11 / Section 63-17-1470
SECTION 63-17-1470. Termination or suspension of withholding.
Status: in_force

(A) The clerk of court may suspend income withholding because of inability to deliver the income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery. Upon relocating the obligee and upon meeting the requirements of notice and service pursuant to this article, income withholding must be reinstated. (B) An obligor may petition the court at any time to terminate income withholding pursuant to a notice to withhold: (1) if there is no longer a current order for support and all arrearages are paid; or (2) if the obligor requests termination and withholding has not been terminated previously and subsequently reinstated and the obligor meets the conditions for an alternative arrangement. However, if termination is granted and subsequently a delinquency occurs, the clerk of court shall reinstate withholding procedures by complying with all requirements for notice and service pursuant to this article. (C) The clerk of court shall serve on the payor by regular mail a copy of any order entered pursuant to this section or Section 63-17-1450(D) that affects the duties of the payor. If service cannot be effected as set forth in this section, the payor may be served as prescribed for service in civil actions. (D) The notice to withhold continues to be binding upon the payor until service of any order of the court entered under this section or Section 63-17-1450(D) or until notice is served on the payor by the clerk of court that the underlying order is, for other reasons such as expiration of the support obligation, no longer in effect.
S.C. Code Ann. § 63-9-20 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-20
SECTION 63-9-20. Legislative purpose.
Status: in_force

The purpose of this article is to establish fair and reasonable procedures for the adoption of children and to provide for the well-being of the child, with full recognition of the interdependent needs and interests of the biological parents and the adoptive parents. However, when the interests of a child and an adult are in conflict, the conflict must be resolved in favor of the child. Children may be adopted by or placed for adoption with residents of South Carolina only, except in unusual or exceptional circumstances.
S.C. Code Ann. § 63-15-630 — SC Code / Title 63 / Chapter 15 / Article 6 / Section 63-15-630
SECTION 63-15-630. Jurisdiction.
Status: in_force

(A) A petition under this article may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under S.C. Code Section 63-15-300, et seq. (B) A court of this State has temporary emergency jurisdiction under Section 63-15-336 if the court finds a credible risk of abduction.
S.C. Code Ann. § 63-9-920 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-920
SECTION 63-9-920. Effect of foreign decrees of adoption.
Status: in_force

When the relationship of parent and child has been created by a decree of adoption of a court of any other state or nation, the rights and obligations of the parties as to matters within the jurisdiction of this State must be determined by Section 63-9-760.
S.C. Code Ann. § 63-15-348 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-348
SECTION 63-15-348. Persons requested to appear.
Status: in_force

(A) In a child custody proceeding in this State, the court may order a party to the proceeding who is in this State to appear before the court in person with or without the child. The court may order any person who is in this State and who has physical custody or control of the child to appear in person with the child. (B) If a party to a child custody proceeding whose presence is desired by the court is outside this State, the court may order that a notice given pursuant to Section 63-15-314 includes a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party. (C) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section. (D) If a party to a child custody proceeding who is outside of this State is directed to appear under subsection (B) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
S.C. Code Ann. § 63-5-695 — SC Code / Title 63 / Chapter 5 / Article 6 / Section 63-5-695
SECTION 63-5-695. Accounting by and determination of liability of custodian.
Status: in_force

(a) A minor who has attained the age of fourteen years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court (i) for an accounting by the custodian or the custodian's legal representative; or (ii) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under Section 63-5-685 to which the minor or the minor's legal representative was a party. (b) A successor custodian may petition the court for an accounting by the predecessor custodian. (c) The court, in a proceeding under this article or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account. (d) If a custodian is removed under Section 63-5-690(f), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
S.C. Code Ann. § 63-3-540 — SC Code / Title 63 / Chapter 3 / Article 5 / Section 63-3-540
SECTION 63-3-540. Cooperation of agencies, government entities, and institutions.
Status: in_force

The court is authorized to seek the cooperation of all societies or organizations, public or private, having for their object the protection or aid of delinquent or neglected children, to the end that the court may be assisted in every reasonable way to give to the children the care, protection, and assistance which will conserve their welfare. Every state, county, town, or municipal official or department shall assist and cooperate within his or its jurisdictional power to further the objects of this title. All institutions, associations, or other custodial agencies in which a child may be, coming within the provisions of this title, are required to give information to the court, or an officer appointed by it, the court or officer requires for the purposes of this title.
S.C. Code Ann. § 63-11-1350 — SC Code / Title 63 / Chapter 11 / Article 13 / Section 63-11-1350
SECTION 63-11-1350. Confidentiality.
Status: in_force

(A) Records, reports, applications, and files kept on any client or potential client of the Continuum of Care are confidential and only may be disclosed in order to develop or provide appropriate services for the client or potential client unless: (1) the client or potential client or his guardian consents; (2) a court orders the disclosure for conduct of proceedings before it upon a showing that disclosure is in the public interest; (3) disclosure is necessary for research conducted or authorized by the Continuum of Care; or (4) disclosure is necessary to any entity or state agency providing or potentially providing services to the client or potential client. (B) Nothing in this section: (1) precludes disclosure, upon proper inquiry, of information as to a client's or potential client's current condition to members of his family; or (2) requires the release of records of which disclosure is prohibited or regulated by federal law. (C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.