S.C. Code Ann. § 43-39-100 — SC Code / Title 43 / Chapter 39 / Section 43-39-100
SECTION 43-39-100. Powers.
Status: in_force

The commission is empowered: (a) to sue and be sued; (b) to adopt, use and alter a corporate seal; (c) to make bylaws for the management and regulation of its affairs; (d) to appoint agents, employees and servants, to prescribe their duties, to fix their compensation, to determine if and to what extent they shall be bonded for the faithful performance of their duties; (e) to undertake the improvement of communication and cooperation among existing and future programs administered by federal, State, county and municipal governmental agencies and private organizations designed to improve the health, education, welfare, housing or employment of the low income residents of the counties represented by the commission and, with the consent of such agencies and organizations, to coordinate the same; (f) to enter into contracts and agreements for performance of its programs and duties with federal, State, county and municipal governmental agencies and subdivisions thereof, and private nonprofit organizations; (g) to receive and expend funds for the performance of its duties in the administration of its programs from such governmental agencies and subdivisions thereof and private nonprofit organizations, as well as any other sources; (h) to designate an executive committee from among the members of the commission to which may be delegated one or more duties and responsibilities of the commission and, from time to time, to appoint one or more subcommittees to advise and assist in the administration of its program and the performance of its duties; all committees designated should be represented by the three categories in the same proportion as the full commission; (i) to maintain adequate accounts and records of its activities, receipts and expenses in conformance with requirements of any contract or agreement with any federal, State, county or municipal governmental agency, or subdivision thereof, or any private nonprofit organization; (j) to acquire, own or hold in trust, preserve, restore, maintain or lease property, facilities and equipment reasonably necessary for the performance of its duties and the administration of its programs; (k) to do such other things as may be necessary to perform the duties prescribed in this chapter.
S.C. Code Ann. § 43-38-60 — SC Code / Title 43 / Chapter 38 / Section 43-38-60
SECTION 43-38-60. Long Term Care Ombudsman Program to designate entities under Older American Act.
Status: in_force

The Long Term Care Ombudsman Program may designate entities in accordance with the federal Older Americans Act.
S.C. Code Ann. § 43-33-400 — SC Code / Title 43 / Chapter 33 / Article 5 / Section 43-33-400
SECTION 43-33-400. Cooperation with departments, officers, agencies, and institutions; requests for system to provide protection and advocacy services; inspection and copying of records.
Status: in_force

All departments, officers, agencies and institutions of the State shall cooperate with the system in carrying out its duties. Notwithstanding any other provision of law, all departments, officers, agencies and institutions of the State may, on the behalf of a person with a developmental or other disability, request the system to provide protection and advocacy services. Notwithstanding any other provision of law, any program or facility shall permit the system to inspect and copy any record or documents provided for in Section 43-33-370(2). Editor's Note 2017 Act No. 52, SECTIONS 10 to 12, provide as follows: "SECTION 10. The Governor shall take all actions necessary pursuant to 29 U.S.C. Section 732 to designate Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., as the South Carolina administrator of the Client Assistance Program. "SECTION 11. Authorized appropriations and the assets and liabilities of the Client Assistance Program are transferred to and become part of Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc. "SECTION 12. This act takes effect upon approval by the Governor. Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., shall administer the Client Assistance Program upon the completion of all necessary filings with the federal government." Effect of Amendment 2017 Act No. 52, SECTION 7, substituted "person with a developmental or other disability" for "developmentally disabled or handicapped person", inserted "Section", and made nonsubstantive changes.
S.C. Code Ann. § 43-7-440 — SC Code / Title 43 / Chapter 7 / Article 5 / Section 43-7-440
SECTION 43-7-440. Enforcement and superiority of department's subrogation rights; provider assistance in identification of third parties liable for medical costs; ineffectiveness of certain insurance provisions.
Status: in_force

(A) The department, to enforce its assignment or subrogation rights, may: (1) intervene or join in an action or proceeding brought by the applicant or recipient against a third party, or private insurer, in state or federal court; (2) commence and prosecute legal proceedings against a third party or private insurer who may be liable to an applicant or recipient in state or federal court, either alone or in conjunction with the applicant or recipient, his guardian, personal representative of his estate, dependent, or survivor; (3) commence and prosecute a legal proceeding against a third party or private insurer who may be liable to an applicant or recipient, or his guardian, personal representative of his estate, dependent, or survivor; (4) commence and prosecute a legal proceeding against an applicant or recipient; (5) settle and compromise an amount due to the department under its assignment and subrogation rights. A representative or attorney retained by an applicant or recipient shall not be considered liable to the department for improper settlement, compromise, or disbursement of funds unless he has written notice of the department's assignment and subrogation rights prior to disbursement of funds; or (6) reduce an amount due to the department by twenty-five percent if the applicant or recipient has retained an attorney to pursue the applicant's or recipient's claim against a third party or private insurer, that amount to represent the department's share of attorney fees paid by the applicant or recipient. Additionally, the department may share in other costs of litigation by reducing the amount due it by a percentage of those costs, the percentage calculated by dividing the amount due the department by the total settlement received from the third party or private insurer. A representative or attorney retained by an applicant or recipient shall not be considered liable to the department for improper settlement, compromise, or disbursement of funds unless he has written notice by certified mail of the department's assignment and subrogation rights prior to disbursement of funds. (B) A provider or practitioner who participates in the Medicaid program shall cooperate with the department in the identification of all third parties whom they have reason to believe may be liable to pay all or part of the medical costs of the injury, disease, or disability of an applicant or recipient. (C) A provision in the contract of a private insurer issued or renewed after June 11, 1986, which denies or reduces benefits because of the eligibility of the insured to receive assistance under Medicaid, is void. In enrolling a person or in making payments for benefits to a person or on behalf of a person, a private insurer may not take into account that the person is eligible for or receives medical assistance under a State Plan for Medical Assistance pursuant to Title XIX of the Social Security Act. (D) An assignment or subrogation right of the department is superior to any right of reimbursement, subrogation, or indemnity of a third party or recipient. A representative or attorney retained by an applicant or recipient shall not be considered liable to the department for improper settlement, compromise, or disbursement of funds unless he has written notice of the department's assignment and subrogation rights prior to disbursement of funds. Where a third party has a legal liability to make a payment for medical assistance to or on behalf of a person, the State is considered to have acquired the rights of the person to payment by another party for the health care items or services, to the extent that payment was made under a State Plan for Medical Assistance pursuant to Title XIX of the Social Security Act for a health care item or service furnished to the person.
S.C. Code Ann. § 43-47-30 — SC Code / Title 43 / Chapter 47 / Section 43-47-30
SECTION 43-47-30. Composition of commission.
Status: in_force

(A) The commission must be composed of at least three members who reside in the county as follows: (1) One-third of the members must be elected public officials, or their representatives. (2) One-third of the members must be persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the areas served. (3) One-third of the members must be officials or members of business, industry, labor, religious, welfare, education, or other major groups and interests in the area served. (B) The commission may increase the total membership, if necessary, to comply with the provisions of Section 43-47-70 or to meet additional federal requirements if the increase is accomplished in multiples of three in order to retain the basic structure of the commission as provided for in subsection (A).
S.C. Code Ann. § 43-45-50 — SC Code / Title 43 / Chapter 45 / Section 43-45-50
SECTION 43-45-50. Community-based organization boards; composition; rules and procedures.
Status: in_force

Each community-based organization shall administer any programs through a board of directors. The board is composed as follows: A. One-third of the members of the board must be elected public officials currently holding office, or their designees, except that if the number of elected officials reasonably available and willing to serve is less than one-third of the membership of the board, membership on the board of appointive public officials may be counted in meeting the one-third requirement. B. At least one-third of the members of the board must be persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the area served. C. The remainder of the members of the board must be officials or members of business, industry, labor, religious, welfare, education, or other major groups and interests in the community. D. No board may consist of less than nine members nor more than twenty-one members, and the total membership of each board must be divisible by three. Each member of the board selected to represent a specific geographic area within a community must reside in that area. Rules governing elections and administrative procedures for selection of boards must be incorporated in the bylaws of the community-based organization and approved by the state administering agency.
S.C. Code Ann. § 43-43-10 — SC Code / Title 43 / Chapter 43 / Section 43-43-10
SECTION 43-43-10. Dillon-Marion Human Resources Commission created.
Status: in_force

There is hereby created the Dillon-Marion Human Resources Commission.
S.C. Code Ann. § 43-41-10 — SC Code / Title 43 / Chapter 41 / Section 43-41-10
SECTION 43-41-10. GLEAMNS Human Resources Commission created.
Status: in_force

There is created the GLEAMNS Human Resources Commission in Greenwood, Laurens, Edgefield, Abbeville, McCormick, Newberry, and Saluda Counties. Editor's Note The preamble to 1976 Act No. 670, provides as follows: "Whereas, the General Assembly finds that a public commission should be created in Greenwood, Laurens, Edgefield, Abbeville, McCormick, Newberry, and Saluda Counties charged with the responsibility of implementing programs designed to improve the health, education, welfare, housing, and employment opportunities of economically disadvantaged persons in these counties, the commission must be funded by federal, state, county, municipal, or private organizations. Now, therefore,". (Amended 1982 Act No. 345; 1993 Act No. 16, SECTION 1, eff March 23, 1993.).
S.C. Code Ann. § 43-43-30 — SC Code / Title 43 / Chapter 43 / Section 43-43-30
SECTION 43-43-30. Composition of membership; authorization to increase total membership; apportionment of new seats.
Status: in_force

(a) The commission shall be composed of eighteen members and shall be so constituted that (1) one-third of the members of the commission are elected public officials, or their representatives, unless the number of such officials reasonably available or willing to serve is less than one-third of the membership of the commission; (2) at least one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the areas served; and (3) the remainder of the members are officials or members of business, industry, labor, religious, welfare, education, or other major groups and interests in the two counties served. (b) The commission shall be authorized to increase the total membership, if necessary, to comply with the provisions of Section 43-43-80, or to meet additional federal requirements, provided, however, that any such increase shall be accomplished in multiples of three in order to retain the basic structure of the commission as provided for in subsection (a) of this section. (c) In the event the commission membership is increased under the provisions of Section 43-43-80, the three new seats shall be apportioned by the commission among the participating counties, to include a seat for the petitioning group, according to federal regulatory measures promulgated under the Economic Opportunity Act of 1964, (PL 92-424), as amended, and the Headstart, Economic Opportunity, and Community Partnership Act of 1974 (PL 93-644).
S.C. Code Ann. § 43-33-25 — SC Code / Title 43 / Chapter 33 / Article 1 / Section 43-33-25
SECTION 43-33-25. Use of motorized chairs or carts by handicapped on beaches.
Status: in_force

For reasons set forth in SECTION 43-33-20, persons who are handicapped and who customarily use motorized wheelchairs or motorized carts for locomotion shall not be prohibited from using such wheelchairs or carts on the strand of the seacoast of this State.
S.C. Code Ann. § 43-3-60 — SC Code / Title 43 / Chapter 3 / Section 43-3-60
SECTION 43-3-60. Duties and powers of county directors.
Status: in_force

The respective county directors shall act as the representatives of the director in administering such welfare activities within the county as are provided for by law or as are directed and required by the director when not otherwise provided for by law. Each of such county directors shall see that all laws are enforced for the protection and welfare of minors and the removal of moral menaces to the young and to safeguard and promote the health, education and general welfare of minors. Subject to the rules and regulations of the state department, each of the county directors may use any funds supplied by the county in which the county department operates for such purposes as may be directed by law, in addition to their other duties. Each county director shall serve as the agent of the state department in the performance of such functions as the director may delegate to it.
S.C. Code Ann. § 43-47-80 — SC Code / Title 43 / Chapter 47 / Section 43-47-80
SECTION 43-47-80. Election of officers; record of membership.
Status: in_force

Immediately upon appointment of the commission, it shall organize by electing from its membership a chairman, a vice chairman, a secretary, and a treasurer. The commission shall file and maintain a current record of its members with the office of the clerk of court and with the legislative delegation in the county.
S.C. Code Ann. § 43-31-30 — SC Code / Title 43 / Chapter 31 / Section 43-31-30
SECTION 43-31-30. Definitions.
Status: in_force

For the purposes of this chapter: (1) The term "Agency" means the State Agency of Vocational Rehabilitation. (2) The term "Commissioner" means the Commissioner of Vocational Rehabilitation appointed by the Agency. (3) The term "vocational rehabilitation services" means diagnostic and related services (including transportation) incidental to the determination of eligibility for, and the nature and the scope of, services to be provided; training, guidance and placement services for physically handicapped individuals; and, in the case of any such individual found to require financial assistance with respect thereto, after full consideration of his eligibility for any similar benefit by way of pension, compensation, and insurance, any other goods and services necessary to render such individual fit to engage in a remunerative occupation (including remunerative homebound work), including the following physical restoration and other goods and services: (a) Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition which is stable or slowly progressive and constitutes a substantial handicap to employment, but is of such a nature that such correction or modification may reasonably be expected to eliminate or substantially reduce such handicap within a reasonable length of time; (b) Necessary hospitalization in connection with surgery or treatment specified in paragraph (a) of this subsection; (c) Such prosthetic devices as are essential to obtaining or retaining employment; (d) Maintenance shall be furnished only in order to enable an individual to derive the full benefit of other vocational rehabilitation services being provided; (e) Tools, equipment, initial stocks and supplies (including equipment and initial stocks and supplies for vending stands), books and training materials, to any or all of which the State may retain legal title; and (f) Transportation (except where necessary in connection with determination of eligibility or nature and scope of services) and occupational licenses. Such term also includes: (g) The acquisition of vending stands or other equipment and initial stocks and supplies for use by severely handicapped individuals in any type of small business, the operation of which will be improved through management and supervision by the State Agency; and (h) The establishment of public and other nonprofit rehabilitation facilities to provide services for physically handicapped individuals and the establishment of public and other nonprofit workshops for the severely handicapped. (4) The term "physically handicapped individual" means any individual, except an individual qualifying under vocational rehabilitation of the blind, who is under a physical or mental disability which constitutes a substantial handicap to employment, but which is of such a nature that vocational rehabilitation services may reasonably be expected to render him fit to engage in a remunerative occupation, and persons who are severely handicapped and who are of employable age with a physical or mental disability so handicapping as to require that they be institutionalized or have the services of an attendant in order to provide themselves with their daily living requirements. (5) The term "remunerative occupation" includes employment as an employee or self-employed; practice of a profession; homemaking, farm or family work for which payment is in kind rather than in cash; sheltered employment, and home industry or other homebound work of a remunerative nature. (6) The term "rehabilitation facility" means a facility operated for the primary purpose of assisting in the rehabilitation of physically handicapped individuals: (a) Which provides for one or more of the following types of services: (i) testing, fitting, or training in the use of prosthetic devices, (ii) prevocational or conditional therapy, (iii) physical or occupational therapy, (iv) adjustment training or (v) evaluation or control of special disabilities; or (b) Through which is provided an integrated program of medical, psychological, social, and vocational evaluation and services under competent professional supervision; provided, that the major portion of such evaluation and services is furnished within the facility and that all medical and related health services are prescribed by, or are under the formal supervision of, persons licensed to practice medicine or surgery in the State. (7) The term "workshop" means a place where any manufacture or handiwork is carried on and which is operated for the primary purpose of providing remunerative employment to severely handicapped individuals who cannot be readily absorbed in the competitive labor market. (8) The term "nonprofit," when used with respect to a rehabilitation facility or a workshop, means a rehabilitation facility and a workshop, respectively, owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under SECTION 501 (c) (3) of the Internal Revenue Code of 1954. (9) "Establishment of a workshop or rehabilitation facility" means: (a) In the case of a workshop, the expansion, remodeling, or alteration of existing buildings necessary to adapt such buildings to workshop purposes or to increase the employment opportunities in workshops, and the acquisition of initial equipment necessary for new workshops or to increase the employment opportunities in workshops; and (b) In the case of a rehabilitation facility, the expansion, remodeling, or alteration of existing buildings, and initial equipment of such buildings, necessary to adapt such buildings to rehabilitation facility purposes or to increase their effectiveness for such purposes (subject, however, to such limitations as the Secretary of the Department of Health, Education, and Welfare may by regulations prescribe in order to prevent impairment of the objectives of, or duplication of, other Federal laws providing Federal assistance to states in the construction of such facilities) and initial staffing thereof (for a period not exceeding one year). (10) The term "eligible physically handicapped individual," when used with respect to diagnostic and related services, training, guidance and placement, means any physically handicapped person, except a person qualifying under vocational rehabilitation for the blind, whose vocational rehabilitation or self-care rehabilitation is determined feasible by the commissioner, and when used with respect to other vocational rehabilitation services means an individual meeting the above requirement who is also found by the commissioner to require financial assistance with respect thereto, after full consideration of his eligibility for any similar benefit by the way of pension, compensation and insurance. (11) The term "self care rehabilitation services" means such diagnostic, psychological, medical, surgical, physical restoration, guidance, training and related services including equipment and prosthetic appliances and training in their use needed to enable a severely handicapped person to dispense with or largely dispense with the need for institutional care or for the services of an attendant and to achieve, in so far as practicable, the ability for independent living. (12) The term "eligible" or "eligibility" when used in relation to an individual's qualification for vocational rehabilitation services means a certification that (1) a physical or mental disability is present; (2) a substantial handicap to employment exists; and (3) vocational rehabilitation services may reasonably be expected to render the individual fit to engage in a gainful occupation.
S.C. Code Ann. § 43-21-100 — SC Code / Title 43 / Chapter 21 / Section 43-21-100
SECTION 43-21-100. Preparation and approval of budget.
Status: in_force

The Department on Aging shall prepare the budget for its operation which must be submitted to the Governor and to the General Assembly for approval. Effect of Amendment 2018 Act No. 261, SECTION 11, substituted "The Department on Aging" for "The division" and "Governor" and "Lieutenant Governor".
S.C. Code Ann. § 43-5-1190 — SC Code / Title 43 / Chapter 5 / Article 9 / Section 43-5-1190
SECTION 43-5-1190. Eligibility denied on ground of alcohol or drug problem; treatment program required.
Status: in_force

A Family Independence recipient who, while receiving FI benefits, has been identified as requiring alcohol and other drug abuse treatment service or who has been convicted of an alcohol related offense or a controlled substance violation or gives birth to a child with evidence of the effects of maternal substance abuse and the child subsequently is shown to have a confirmed positive test performed on a suitable specimen within twenty-four hours of birth, is ineligible for FI assistance unless the recipient submits to random drug tests and/or participates in an alcohol or drug treatment program approved by the Office of Substance Use Services. Upon completion of the program, if a subsequent random test or subsequent conviction for a controlled substance violation occurs, the recipient is ineligible for FI benefits. Benefits may be reinstated at a later time upon reapplication, if the recipient first undergoes a conciliation assessment, including review and/or modification of the prescribed individual treatment program and agreement, and then agrees to comply with its terms and demonstrates compliance for a period of not less than sixty days. Testing of a child's specimen pursuant to this section must be conducted by a medical laboratory certified by the College of American Pathologists or the National Institute of Drug Abuse for Forensic Urine Drug Testing. 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.
S.C. Code Ann. § 43-5-65 — SC Code / Title 43 / Chapter 5 / Article 1 / Section 43-5-65
SECTION 43-5-65. Application of eligibility.
Status: in_force

(a) As a condition of eligibility, a needy family applying for Family Independence benefits shall complete an application of eligibility containing a written declaration of information as may be required to establish eligibility and amount of aid. The application shall include blanks, wherein must be stated the names of all children, adults, or minor parents applying for or receiving aid, their birthdates and Social Security numbers; their present place of residence; their income received from employment, the absent parent, governmental social insurance or aid programs, gifts, sale of real or personal property, interest, dividends, or from any other source; and any interest in property, real or personal. Failure to provide this information shall result in a finding of ineligibility of benefits for Family Independence benefits. The department shall provide assistance as needed to complete the application and shall ensure that all applicants or recipients have or promptly apply for and obtain a Social Security number. No assistance may be granted to Family Independence applicants or recipients until a valid Social Security number has been provided to the department for each member of the family for whom aid is sought or when numbers are not available until there is proof that application for the Social Security number has been made. The department shall assist the applicant or recipient in obtaining a Social Security number through procedures adopted in cooperation with the Social Security Administration or the applicant or recipient may apply for a Social Security number at the Social Security Administration office. For purposes of state-funded or Title IV-E Foster Care, the application for the Social Security number must be made by the state or local department. The application for eligibility also shall provide that, as a condition of eligibility for aid, each applicant or recipient shall: (1) Assign to the State any rights to support from any other person the applicant may have in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid and which have accrued at the time the assignment is executed or which may accrue in the future; however, by accepting public assistance for or on behalf of a child or children, or by making application for services under Title IV-D or through placement of a child or children in state-funded foster care or under Title IV-E, except where good cause as determined by the department exists, the recipient or applicant is considered to have made an assignment to the State Department of Social Services of any rights, title, and interest to any support obligation which is owed for the child or children or for the absent parent's spouse or former spouse who is the recipient or the applicant with whom the child is living, if and to the extent that a spousal support obligation has been established and the child support obligation is being enforced pursuant to Title IV-D of the federal Social Security Act. The assignment to the department is considered to have been made up to the amount of public assistance money or foster care board payments paid for or on behalf of the child or children for that period of time as the public assistance monies or foster care board payments are paid. The assignment consists of all rights and interest in any support obligation that the recipient may be owed past, present, or future by any person up to the amount of public assistance money paid to the recipient for or on behalf of the minor child or children or a child in foster care. The department is subrogated to the rights of the child or children or the person having custody of the child or children to collect and receive all support payments. The department has the right to initiate a support action in its own name or in the name of the recipient to recover payments ordered by the courts of this or any other state or to obtain a court order to initiate these payments including an action to determine the paternity of a child. (2) Cooperate with the State in establishing the paternity of a child born out of wedlock with respect to whom aid is claimed and in obtaining support payments for the applicant and for a child with respect to whom the aid is claimed or in obtaining any other payments or property due the applicant of the child and that, if the relative with whom a child is living is found to be ineligible because of failure to comply with the requirements of items (1) and (2), aid for which the child is eligible must be provided in the form of protective payments. The department shall establish criteria in accordance with federal regulations to determine whether action to establish paternity and secure support is not in the best interest of a child. (b) The term "protective payments" shall mean payments with respect to any dependent child which are made to another individual who, as determined in accordance with standards prescribed by the department, is interested in or concerned with the welfare of such child or relative, or are made on behalf of such child or relative directly to a person furnishing food, living accommodations, or other goods, services, or items to or for such child. (c) Prior to determinations of eligibility, the department shall conduct a personal interview with the adult members of the family or with the caretaker relatives of the needy children. (d) The department shall redetermine all elements of eligibility periodically but not less frequently than every twelve months. The department may require the family to complete a new application at the time of each redetermination. (e) If the application is mailed to the family, it must be accompanied by an addressed envelope for its return. In no event may the acts of mailing to the recipient or the recipient's return of a completed application to the department be substituted in lieu of a personal interview. (f) Each adult member of the family shall provide, under penalty of perjury the information necessary to complete the application. The applications used by the department shall contain a statement that the applicant or recipient understands that he has an obligation to report immediately to the department any changes of address, household composition, employment, loss of employment, or any other factor which may affect eligibility and that the declarations in the application are correct and complete to the best of the applicant's or recipient's knowledge or belief and are made under penalty of perjury. The statement shall clearly specify that failure to report changes in circumstances that may affect eligibility and grant amount within ten calendar days of the day on which the change becomes known to the recipient constitutes withholding of information and permits the department to recover any overpayment occasioned or caused by the withholding in accordance with Section 43-5-30. This application must be signed by the applicant or recipient of assistance or any person completing the application for an applicant or recipient unable to do so himself. The person completing the application for an applicant or recipient unable to do so himself must sign a statement attesting to the fact that this section has been explained to the applicant and to the belief that the applicant understands.
S.C. Code Ann. § 43-43-50 — SC Code / Title 43 / Chapter 43 / Section 43-43-50
SECTION 43-43-50. Candidates meeting eligibility criteria appointed by Governor upon recommendation of county councils.
Status: in_force

After the candidates for nomination to the commission have met the eligibility criteria and have been selected for membership in accordance with the requirements of the Economic Opportunity Act of 1964 (PL 92-424), as amended, and the Headstart, Economic Opportunity, and Community Partnership Act of 1974 (PL 93-644), and the rules and regulations promulgated thereunder, they shall be confirmed as members of the commission by appointment of the Governor upon the recommendation of the respective county councils of the two participating counties.
S.C. Code Ann. § 43-35-5 — SC Code / Title 43 / Chapter 35 / Article 1 / Section 43-35-5
SECTION 43-35-5. Short title.
Status: in_force

This chapter may be cited as the Omnibus Adult Protection Act. Editor's Note The preamble to 1993 Act No. 110, eff three month after June 11, 1993, provides as follows: "Whereas, the General Assembly finds it necessary: "(1) to provide a system of adult protection in South Carolina;. "(2) to clarify the roles and responsibilities of agencies involved in the system;. "(3) to provide a mechanism for problem resolution and interagency coordination;. "(4) to address continuing needs of vulnerable adults;. "(5) to uniformly define abuse, neglect, and exploitation for vulnerable adults in all settings;. "(6) to clarify reporting procedures for allegations of abuse, neglect, and exploitation;. "(7) to provide procedures for emergency protective custody;. "(8) to define the role of the court in the adult protection system;. "(9) to provide civil and criminal penalties for abuse, neglect, and exploitation;. "(10) to provide services in the least restrictive setting possible. "Now, therefore,"
S.C. Code Ann. § 43-5-960 — SC Code / Title 43 / Chapter 5 / Article 7 / Section 43-5-960
SECTION 43-5-960. Civil sanctions.
Status: in_force

Any person violating any of the provisions of this article or any regulation, agreement, final determination, or order of the department is subject to disqualification, or a civil penalty not to exceed five thousand dollars each day of the violation, or both.
S.C. Code Ann. § 43-7-465 — SC Code / Title 43 / Chapter 7 / Article 5 / Section 43-7-465
SECTION 43-7-465. Insurers providing coverage to persons receiving Medicaid; requirements for doing business in State.
Status: in_force

A health insurer, including a self-insured plan, group health plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, service-benefit plan, managed-care organization, pharmacy benefit manager, or another party that is legally responsible by statute, contract, or agreement for payment of a claim for a health care item or service, as a condition of doing business in this State, shall: (1) provide, with respect to an individual eligible for or receiving medical assistance under the state plan, on request of the single-state agency, information to determine during what period the individual or his spouse or dependent may be, or may have been, covered by a health insurer and the nature of coverage provided or that may have been provided by the insurer in a manner prescribed by the Secretary of the United States Department of Health and Human Services or by the single-state agency. This information must include the insured's name, address, and the plan's identifying number; (2) accept the state's right of recovery and the assignment to the State of an individual or another entity's right to payment for a health care item or service for which payment was made under the state plan (or under a waiver of such plan); (3) in the case of a responsible third party (other than the original Medicare fee-for-service program under parts A and B of subchapter XVIII of the Social Security Act, a Medicare Advantage plan offered by a Medicare Advantage organization under part C of subchapter XVIII of the Social Security Act, a reasonable cost reimbursement plan under Section 1395mm of Title XVIII of the Social Security Act, a health care prepayment plan under Section 1395I of Title XVIII of the Social Security Act, or a prescription drug plan offered by a PDP sponsor under part D of subchapter XVIII of the Social Security Act) that requires prior authorization for an item or service furnished to an individual eligible to receive medical assistance under this subchapter, accept authorization provided by the State that the item or service is covered under the state plan (or waiver of such plan) for such individual, as if such authorization were the prior authorization made by the third party for such item or service; (4) not later than sixty days after receiving any inquiry by the State regarding a claim for payment for any health care item or service that is submitted not later than three years after the date of the provision of such health care item or service, respond to such inquiry; and (5) agree not to deny a claim submitted by the State solely on the basis of the date of submission of the claim, the type or format of the claim form, a failure to present proper documentation at the point-of-sale that is the basis of the claim, or in the case of a responsible third party (other than the original Medicare fee-for-service program under parts A and B of subchapter XVIII of the Social Security Act, a Medicare Advantage plan offered by a Medicare Advantage organization under part C of subchapter XVIII of the Social Security Act, a reasonable cost reimbursement plan under Section 1395mm of Title XVIII of the Social Security Act, a health care prepayment plan under Section 1395I of Title XVIII of the Social Security Act, or a prescription drug plan offered by a PDP sponsor under part D of such title) a failure to obtain prior authorization for the item or service for which the claim is being submitted, if: (a) the claim is submitted by the State within the three-year period beginning on the date on which the item or service was furnished; and (b) any action by the State to enforce its rights with respect to such claim is commenced within six years of the State submission of such claim. Effect of Amendment 2024 Act No. 184, SECTION 1, rewrote the section.
S.C. Code Ann. § 43-35-520 — SC Code / Title 43 / Chapter 35 / Article 5 / Section 43-35-520
SECTION 43-35-520. Investigations of deaths in facilities operated by the Department of Mental Health or the Department of Disabilities and Special Needs; death by natural causes in a veterans' nursing home.
Status: in_force

The Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division, created pursuant to Section 23-3-810, shall, in addition to its investigation responsibilities under that section or Article 1, investigate cases of vulnerable adult fatalities in facilities operated or contracted for operation by the Office of Mental Health or the Office of Intellectual and Developmental Disabilities. Provided, that in a nursing home, as defined in Section 44-7-130, contracted for operation by the Office of Mental Health, the Vulnerable Adults Investigations Unit shall investigate those fatalities for which there is suspicion that the vulnerable adult died as a result of abuse or neglect, the death is suspicious in nature, or the death is referred by a coroner or medical examiner as provided in Section 43-35-35(A). In the event that a coroner rules that the death of an individual in a veterans' nursing home under the authority of the Department of Mental Health results from natural causes, the State Law Enforcement Division is not required to conduct an investigation regarding the individual's death. 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.
S.C. Code Ann. § 43-33-360 — SC Code / Title 43 / Chapter 33 / Article 5 / Section 43-33-360
SECTION 43-33-360. Interview of complainant.
Status: in_force

Upon the receipt of a complaint, the System may interview the person making the complaint or the person on whose behalf the complaint is made.
S.C. Code Ann. § 43-33-560 — SC Code / Title 43 / Chapter 33 / Article 7 / Section 43-33-560
SECTION 43-33-560. Handicap, handicapped, and mental impairment defined.
Status: in_force

Notwithstanding Section 2-7-35, "handicap" and "handicapped" as used in this article mean a substantial physical or mental impairment, whether congenital or acquired by accident, injury, or disease, where the impairment is verified by medical findings and appears reasonably certain to continue throughout the lifetime of the individual without substantial improvement. This does not include an individual who is an alcohol, drug, narcotic, or other substance abuser or who is only regarded as being handicapped. The term "mental impairment" does not include mental illness.
S.C. Code Ann. § 43-7-410 — SC Code / Title 43 / Chapter 7 / Article 5 / Section 43-7-410
SECTION 43-7-410. Definitions.
Status: in_force

(A) "Applicant" means an individual whose written application for Medicaid has been submitted to the agency determining Medicaid eligibility, but has not received final action. This includes an individual, living or deceased, whose application is submitted by a representative or a person acting responsibly for the individual. (B) "Department" means the South Carolina Department of Health and Human Services. (C) "Medicaid" means the medical assistance program authorized by Title XIX of the Social Security Act and administered by the department. (D) "Person" means a natural person, company, association, partnership, corporation, or other legal entity. (E) "Practitioner" means a physician or other health care professional licensed under state law to practice his profession. (F) "Private insurer" means: (1) a commercial insurance company offering health or casualty insurance to an individual or group, including an experienced-rated contract or indemnity contract; (2) a profit or nonprofit prepaid plan offering either a medical service or full or partial payment for the diagnosis or treatment of an injury, disease, or disability; (3) an organization administering a health or casualty insurance plan for a professional association, union, fraternal group, employer-employee benefit plan, or a similar organization offering these plans or services, including a self-insured or self-funded plan; or (4) a group health plan, as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, a service benefit plan, or a health maintenance organization. (G) "Provider" means an individual, firm, corporation, association, institution, or other legal entity which is providing, or is approved to provide, medical assistance to a recipient pursuant to the State Medical Assistance Plan and consistent with Title XIX of the Social Security Act-Medical Assistance, also known as Medicaid. (H) "Recipient" means an individual determined to be eligible for a health service described in the State Medical Assistance Plan in accord with Title XIX of the Social Security Act-Medical Assistance, also known as Medicaid. (I) "Third party" means an individual, entity, or program that is or may be liable by contract, agreement, or statute, to pay all or part of the medical cost of injury, disease, or disability of an applicant or recipient.
S.C. Code Ann. § 43-5-1185 — SC Code / Title 43 / Chapter 5 / Article 9 / Section 43-5-1185
SECTION 43-5-1185. Family skills training program.
Status: in_force

As a condition of eligibility for Family Independence benefits, each adult recipient determined to be in need of family skills by his Family Independence case manager, and minor mother recipient must participate in a family skills training program which must include, but is not limited to, parenting skills, financial planning, and health information. Whenever possible and practical, the department shall coordinate with comparable staff of other state and local agencies in providing these services. This program must include an alcohol and other drug assessment when it is determined by the department that an assessment is appropriate. The department shall coordinate with the Office of Substance Use Services to provide the proper assessment of the recipient and training of the department personnel who are to conduct the assessment. If the recipient is determined to be in need of alcohol and other drug abuse treatment, the department shall coordinate the services with the Office of Substance Use Services and shall include the individually determined terms and conditions of the treatment in the recipient's agreement with the department. This program must include a family planning assessment if it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department of Health and Environmental Control to provide the AFDC family with education, evaluation, and counseling, consistent with Medicaid regulations. State funds appropriated for family planning must not be used to pay for an abortion. 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.
S.C. Code Ann. § 43-3-100 — SC Code / Title 43 / Chapter 3 / Section 43-3-100
SECTION 43-3-100. Records and accounts of county departments; inspection, supervision, and audit.
Status: in_force

The records and accounts of each county shall be maintained as prescribed by the director and shall be subject to inspection, supervision, and audit by the state department and in the same manner and with the same effect as may be provided by law for the examination of other public offices.
S.C. Code Ann. § 43-39-10 — SC Code / Title 43 / Chapter 39 / Section 43-39-10
SECTION 43-39-10. Midlands Human Resources Development Commission created.
Status: in_force

There is hereby created the Midlands Human Resources Development Commission in Richland, Lexington, Newberry and Fairfield counties.
S.C. Code Ann. § 43-35-290 — SC Code / Title 43 / Chapter 35 / Article 2 / Section 43-35-290
SECTION 43-35-290. Funding.
Status: in_force

The General Assembly shall provide the funds necessary for the Vulnerable Adult Guardian ad Litem Program to carry out the provisions of this article.
S.C. Code Ann. § 43-35-10 — SC Code / Title 43 / Chapter 35 / Article 1 / Section 43-35-10
SECTION 43-35-10. Definitions.
Status: in_force

As used in this chapter: (1) "Abuse" means physical abuse or psychological abuse. (2) "Caregiver" means a person who provides care to a vulnerable adult, with or without compensation, on a temporary or permanent or full or part-time basis and includes, but is not limited to, a relative, household member, day care personnel, adult foster home sponsor, and personnel of a public or private institution or facility. (3) "Exploitation" means: (a) causing or requiring a vulnerable adult to engage in activity or labor which is improper, unlawful, or against the reasonable and rational wishes of the vulnerable adult. Exploitation does not include requiring a vulnerable adult to participate in an activity or labor which is a part of a written plan of care or which is prescribed or authorized by a licensed physician attending the patient; (b) an improper, unlawful, or unauthorized use of the funds, assets, property, power of attorney, guardianship, or conservatorship of a vulnerable adult by a person for the profit or advantage of that person or another person; or (c) causing a vulnerable adult to purchase goods or services for the profit or advantage of the seller or another person through: (i) undue influence, (ii) harassment, (iii) duress, (iv) force, (v) coercion, or (vi) swindling by overreaching, cheating, or defrauding the vulnerable adult through cunning arts or devices that delude the vulnerable adult and cause him to lose money or other property. (4) "Facility" means a nursing care facility, community residential care facility, a psychiatric hospital, or any residential program operated or contracted for operation by the Office of Mental Health or the Office of Intellectual and Developmental Disabilities. (5) "Investigative entity" means the Long Term Care Ombudsman Program, the Adult Protective Services Program in the Department of Social Services, the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division, or the Medicaid Fraud Control Unit of the Office of the Attorney General. (6) "Neglect" means the failure or omission of a caregiver to provide the care, goods, or services necessary to maintain the health or safety of a vulnerable adult including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services and the failure or omission has caused, or presents a substantial risk of causing, physical or mental injury to the vulnerable adult. Noncompliance with regulatory standards alone does not constitute neglect. Neglect includes the inability of a vulnerable adult, in the absence of a caretaker, to provide for his or her own health or safety which produces or could reasonably be expected to produce serious physical or psychological harm or substantial risk of death. (7) "Occupational licensing board" means a health professional licensing board which is a state agency that licenses and regulates health care providers and includes, but is not limited to, the Board of Long Term Health Care Administrators, State Board of Nursing for South Carolina, State Board of Medical Examiners, State Board of Social Work Examiners, and the State Board of Dentistry. (8) "Physical abuse" means intentionally inflicting or allowing to be inflicted physical injury on a vulnerable adult by an act or failure to act. Physical abuse includes, but is not limited to, slapping, hitting, kicking, biting, choking, pinching, burning, actual or attempted sexual battery as defined in Section 16-3-651, use of medication outside the standards of reasonable medical practice for the purpose of controlling behavior, and unreasonable confinement. Physical abuse also includes the use of a restrictive or physically intrusive procedure to control behavior for the purpose of punishment except that a therapeutic procedure prescribed by a licensed physician or other qualified professional or that is part of a written plan of care by a licensed physician or other qualified professional is not considered physical abuse. Physical abuse does not include altercations or acts of assault between vulnerable adults. (9) "Protective services" means those services whose objective is to protect a vulnerable adult from harm caused by the vulnerable adult or another. These services include, but are not limited to, evaluating the need for protective services, securing and coordinating existing services, arranging for living quarters, obtaining financial benefits to which a vulnerable adult is entitled, and securing medical services, supplies, and legal services. (10) "Psychological abuse" means deliberately subjecting a vulnerable adult to threats or harassment or other forms of intimidating behavior causing fear, humiliation, degradation, agitation, confusion, or other forms of serious emotional distress. (11) "Vulnerable adult" means a person eighteen years of age or older who has a physical or mental condition which substantially impairs the person from adequately providing for his or her own care or protection. This includes a person who is impaired in the ability to adequately provide for the person's own care or protection because of the infirmities of aging including, but not limited to, organic brain damage, advanced age, and physical, mental, or emotional dysfunction. A resident of a facility is a vulnerable adult. (12) "Operated facility" means those facilities directly operated by the Office of Mental Health or the Office of Intellectual and Developmental Disabilities. (13) "Contracted facility" means those public and private facilities contracted for operation by the Office of Mental Health or the Office of Intellectual and Developmental Disabilities. 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.
S.C. Code Ann. § 43-33-350 — SC Code / Title 43 / Chapter 33 / Article 5 / Section 43-33-350
SECTION 43-33-350. Powers and duties of System.
Status: in_force

The system has the following powers and duties: (1) It shall protect and advocate for the rights of all persons with a developmental or other disability, including the requirements of Section 113 of Public Law 94-103, Section 105 of Public Law 99-319, and Section 112 of Public Law 98-221, all as amended, and for the rights of other persons with disabilities by pursuing legal, administrative, and other appropriate remedies to insure the protection of the rights of these persons. (2) It may investigate complaints by or on behalf of any person with a developmental or other disability. (3) It may establish a priority for the delivery of protection and advocacy services according to the type, severity, and number of disabilities of the person making a complaint or on whose behalf a complaint has been made. (4) It may conduct team advocacy inspections of a facility providing residence to a person with a developmental or other disability. Inspections must be completed by the system's staff and trained volunteers. Team advocacy inspections are unannounced visits to review the living conditions of a residential facility, including the plans of care for individuals in a residential care facility and a community mental health center day program. Only the coordinator of the team advocacy project or the coordinator's designee is authorized to perform reviews of plans of care. The system shall prepare a report based on the inspection which must be submitted to the South Carolina Department of Health and Environmental Control and Office of Mental Health. (5) It shall administer the Client Assistance Program, as established pursuant to 29 U.S.C. Section 732. 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 2017 Act No. 52, SECTIONS 10 to 12, provide as follows: "SECTION 10. The Governor shall take all actions necessary pursuant to 29 U.S.C. Section 732 to designate Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., as the South Carolina administrator of the Client Assistance Program. "SECTION 11. Authorized appropriations and the assets and liabilities of the Client Assistance Program are transferred to and become part of Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc. "SECTION 12. This act takes effect upon approval by the Governor. Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., shall administer the Client Assistance Program upon the completion of all necessary filings with the federal government." Effect of Amendment 2017 Act No. 52, SECTION 4, in (1), substituted "persons with a developmental or other disability" for "developmentally disabled person" and "with disabilities" for "handicapped"; in (2), substituted "person with a developmental or other disability" for "developmentally disabled or handicapped person"; in (3), substituted "disabilities" for "handicapping conditions"; in (4), substituted "person with a developmental or other disability" for "developmentally disabled or handicapped person", deleted the fifth sentence, which had provided that a designee must meet criteria developed by the Joint Legislative Committee on Mental Health and Mental Retardation, and deleted reference to the Joint Legislative Committee on Mental Health and Mental Retardation in the last sentence; added (5); and made nonsubstantive changes.
S.C. Code Ann. § 43-43-110 — SC Code / Title 43 / Chapter 43 / Section 43-43-110
SECTION 43-43-110. Exemption from taxation.
Status: in_force

All property of the commission shall be exempt from all ad valorem taxes levied by the counties represented on the commission or any municipality therein, or any division, subdivision or agency thereof directly or indirectly.
S.C. Code Ann. § 43-5-1120 — SC Code / Title 43 / Chapter 5 / Article 9 / Section 43-5-1120
SECTION 43-5-1120. Welfare agreements; leave from employment for family planning services; employment and training components of receiving assistance.
Status: in_force

(A) To emphasize the reciprocal responsibility that exists between welfare recipients and the taxpayers who pay for welfare, an agreement must be signed by each adult AFDC recipient. If a minor mother is living in the home of her parents or guardian, the minor mother and her parent or guardian must sign the agreement. The agreement shall describe the actions the recipient must take to become employed and the time frames for completing these actions. The agreement also shall describe the services the department shall provide or coordinate to assist the recipient in becoming employed. The department shall place a major emphasis on job development and on maximizing employment opportunities within the State. Assistance must be provided by the department's job development specialists who shall work with the private business and industrial community to match welfare recipients with available jobs. Assistance also shall include job clubs, job coaches, financial planners, and personal, social, and work adjustment training specialists and authorizes the department to locate, identify, and contract for employment for and on behalf of AFDC recipients. (B) An applicant who appears to be eligible for welfare assistance and who would be required to participate or who volunteers to participate in the department's employment and training program must be referred to an employment and training unit. An applicant referred must conduct an initial job search and shall provide evidence of this search by listing the employer contacted, the date of the visit with the employer, and the name and telephone number of the person with whom the applicant spoke. An applicant who does not provide this information must not be approved for assistance until the information is provided. An employment assessment must be conducted on an applicant who is unsuccessful in securing employment to determine if the applicant is job ready. An applicant who has been employed twelve out of the previous twenty-four months or who has graduated from high school or has obtained a GED must be enrolled in a job club or referred for evaluation or assessment or other services conducive to employment. Following participation in a job club, the applicant must conduct a job search for an additional period of no more than sixty days or until the applicant obtains employment, whichever occurs first. An applicant who is not job ready or a job-ready participant who is unsuccessful in the job search must be evaluated for barriers to employment. An individual agreement containing training and employment requirements must be developed for the participant. For purposes of this subsection "job club" means a group or individual job readiness training session where participants learn job finding and job retention skills. (C) All services provided shall complement and maximize existing resources within state agencies and within the private business community. Services to be provided or coordinated by the department include, but are not limited to, assistance with child care and transportation, enrollment in literacy classes, adult education classes, General Equivalency Diploma classes, enrollment in technical schools, vocational training, work experience, and on-the-job training. Additionally, recipients shall participate in activities designed to assist them in job interviews and successful employment. The department shall provide information to applicants and recipients regarding the advantages of participation in the employment and training programs. The department also shall market its training and employment program to education and training program providers and to employers. (D) The department through its training programs shall provide information about the value of family planning services to reproductive age participants and shall require training program placement staff to actively seek the participation of employers or potential employers in an agreement which permits an AFDC recipient time off from work, not to exceed four hours, at least once a year to voluntarily seek family planning services from a provider of the AFDC recipient's choice without fear of losing their job or of other reprisals.
S.C. Code Ann. § 43-5-40 — SC Code / Title 43 / Chapter 5 / Article 1 / Section 43-5-40
SECTION 43-5-40. Unlawful publication or other use of records; penalty.
Status: in_force

It is unlawful for a person to solicit, disclose, receive, make use of, authorize, knowingly permit, participate in, or acquiesce in the use of a list, name of, or any information concerning persons applying for or receiving public aid or assistance, directly or indirectly derived from the records, papers, files, or communications of the State or county departments of social services or acquired in the course of the performance of official duties, except for purposes directly connected with the administration of Chapters 1, 3, 5, 7, 9, 19, and 23 or of old age assistance, aid to the blind, aid to dependent children, or general relief and in accordance with the regulations of the department. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
S.C. Code Ann. § 43-21-50 — SC Code / Title 43 / Chapter 21 / Section 43-21-50
SECTION 43-21-50. Receipt of grants-in-aid, gifts or the like; title to property received.
Status: in_force

The department may receive on behalf of the State any grant or grant-in-aid from government sources, or any grant, gift, bequest, or devise from any other source. Title to all funds and other property received pursuant to this section shall vest in the State unless otherwise specified by the grantor. Code Commissioner's Note At the direction of the Code Commissioner, references to "Department on Aging" and "department" were substituted for "Division on Aging" and "division" to comply with amendments made by 2018 Act No. 261.
S.C. Code Ann. § 43-39-40 — SC Code / Title 43 / Chapter 39 / Section 43-39-40
SECTION 43-39-40. Apportionment of membership between counties.
Status: in_force

The twenty-one members of the commission shall be residents of the areas to which their membership is apportioned, and the total membership shall be divided among the participating counties as follows: 1. Richland County: nine members 2. Lexington County: six members 3. Newberry County: three members 4. Fairfield County: three members The membership from each county must be constituted as provided for in SECTION 43-39-30.
S.C. Code Ann. § 43-25-10 — SC Code / Title 43 / Chapter 25 / Section 43-25-10
SECTION 43-25-10. Commission for the Blind created; membership; qualifications and terms of members; meetings; officers; compensation.
Status: in_force

There is created the South Carolina Commission for the Blind. The commission shall consist of seven members, one from each of the seven congressional districts, of whom three shall meet the legal definition of blindness as defined in Section 43-25-20. The Governor shall, with the advice and consent of the Senate, appoint the members of the commission for terms of four years and until their successors are appointed and qualify. All vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. The members of the commission shall elect one of its members as chairman for a term of two years or until his successor has been elected. The chairman shall preside at the regular meetings of the commission to be held at least once each year. The chairman may call a meeting when he considers it necessary to be held at a time to be determined by the commission. The commission shall appoint a commissioner and other officers as the commission considers necessary, none of whom may be a member of the commission, and shall fix the compensation and prescribe the duties of these appointees. The members of the commission shall receive no salary but must be allowed the usual mileage, subsistence, and per diem as authorized by law for commissions, committees, and boards. Editor's Note 2012 Act No. 279, SECTION 33, provides as follows: "Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy." Effect of Amendment 2018 Act No. 239, SECTION 1, in the second sentence, substituted "meet the legal definition of blindness as defined in Section 43-25-20" for "have a visual acuity not to exceed 20/20". 2022 Act No. 121, SECTION 1, in the second sentence, substituted "congressional districts" for "Congressional Districts", and in the sixth sentence, substituted "year" for "month".
S.C. Code Ann. § 43-38-40 — SC Code / Title 43 / Chapter 38 / Section 43-38-40
SECTION 43-38-40. Civil and criminal immunity for participants in judicial proceedings; presumption of good faith.
Status: in_force

Any person required or permitted to report pursuant to this chapter or who participates in judicial proceedings resulting therefrom, acting in good faith, shall be immune from civil and criminal liability which might otherwise result by reason of such actions. In all such civil or criminal proceedings good faith shall be rebuttably presumed.
S.C. Code Ann. § 43-1-205 — SC Code / Title 43 / Chapter 1 / Section 43-1-205
SECTION 43-1-205. Program standards for treatment of perpetrators of domestic violence.
Status: in_force

For an agency, entity, or organization to receive funds from the Department of Social Services for treatment programs for perpetrators of domestic violence, the agency, entity, or organization must comply with treatment program standards contained in the department's annual Battered Spouse State Plan. These standards must include, but are not limited to, these requirements: (1) treatment services must be provided by persons with a minimum of a master's degree in social work, counseling, or another related field; (2) each treatment program shall have at least one person providing supervision to paid and volunteer staff who: (a) has a minimum of three years of experience working with both perpetrators and victims of domestic violence; (b) has a minimum of one year of experience in group facilitation; and (c) holds at least a master's degree in social work, counseling, or another related field.
S.C. Code Ann. § 43-35-580 — SC Code / Title 43 / Chapter 35 / Article 5 / Section 43-35-580
SECTION 43-35-580. Meetings discussing individual cases closed; disclosure of information identifying vulnerable adult or family member.
Status: in_force

(A) Meetings of the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division and of the Vulnerable Adult Fatalities Review Committee are closed to the public and are not subject to Chapter 4, Title 30, the Freedom of Information Act, when the unit and committee are discussing individual cases of vulnerable adult deaths. (B) Except as provided in subsection (C), meetings of the committee are open to the public and subject to the Freedom of Information Act when the committee is not discussing individual cases of vulnerable adult deaths. (C) Information identifying a deceased vulnerable adult or a family member, guardian, or caretaker of a deceased vulnerable adult, or an alleged or suspected perpetrator of abuse or neglect upon a vulnerable adult may not be disclosed during a public meeting and information regarding the involvement of any agency with the deceased vulnerable adult or family may not be disclosed during a public meeting. (D) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned not more than six months, or both.
S.C. Code Ann. § 43-33-340 — SC Code / Title 43 / Chapter 33 / Article 5 / Section 43-33-340
SECTION 43-33-340. Definitions.
Status: in_force

As used in this article, unless the context requires otherwise: (1) "System" means Protection and Advocacy for People with Disabilities, Inc. (2) "Developmental disability" means a severe, chronic disability of a person which: (a) is attributable to a mental or physical impairment or combination of mental and physical impairments; (b) is manifested before the person attains age twenty-two; (c) is likely to continue indefinitely; (d) results in substantial functional limitations in three or more of the following areas of major life activity: (i) self-care, (ii) receptive and expressive language, (iii) learning, (iv) mobility, (v) self-direction, (vi) capacity for independent living, and (vii) economic sufficiency; (e) reflects the person's need for a combination and sequence of special, interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. (3) "Person with a developmental disability" means a person who has a developmental disability and who receives or is entitled to receive a combination and sequence of special, interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated within the State. (4) "Person with a disability" means a person defined by Section 2-7-35. (5) "Complaint" means an oral or written allegation by a person with a developmental or other disability, the parent or legal guardian of such person, a state agency or any other responsible person to the effect that the person with a developmental or other disability is being subjected to injury or deprivation with regard to his health, safety, welfare, rights or level of care. (6) "Abuse" means the definition defined by Section 43-30-20. (7) "Threatened abuse" means the definition defined by Section 43-30-20. (8) "Ombudsman" means the office provided for pursuant to Section 43-38-10, et seq. Editor's Note 2017 Act No. 52, SECTIONS 10 to 12, provide as follows: "SECTION 10. The Governor shall take all actions necessary pursuant to 29 U.S.C. Section 732 to designate Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., as the South Carolina administrator of the Client Assistance Program. "SECTION 11. Authorized appropriations and the assets and liabilities of the Client Assistance Program are transferred to and become part of Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc. "SECTION 12. This act takes effect upon approval by the Governor. Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., shall administer the Client Assistance Program upon the completion of all necessary filings with the federal government." Effect of Amendment 2017 Act No. 52, SECTION 3, in (1), substituted "Protection and Advocacy for People with Disabilities, Inc." for "the South Carolina Protection and Advocacy System for the Handicapped, Inc."; in (2)(e), substituted "services, individualized supports, or other forms of assistance that" for "care, treatment or other services which"; in (3), substituted "Person with a developmental disability" for "Developmentally disabled person" and "a combination and sequence of special, interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated" for "treatment. services or habilitation"; in (4), substituted "Person with a disability" for "Handicapped person"; in (5), substituted "person with a developmental or other disability" for "developmentally disabled or handicapped person" twice; and made nonsubstantive changes.
S.C. Code Ann. § 43-5-598 — SC Code / Title 43 / Chapter 5 / Article 5 / Section 43-5-598
SECTION 43-5-598. Definitions; new hire directory; employee to file report; access to information in directory.
Status: repealed

(A) As used in this section: (1) "Business day" means a day on which state offices are open for regular business. (2) "Date of hire" means the first day the employee works for which the employee is entitled to compensation from the payor of income. (3) "Department" means the Department of Social Services, or its designee. (4) "Employer" includes a governmental entity and labor organization and means a person doing business in this State for whom an individual performs a service, of whatever nature, as the employee of the person and except that: (a) if the person for whom the individual performs services does not have control of the payment of wages for the services, the term "employer" means the person having control of the payment of wages; and (b) in the case of a person paying wages on behalf of a nonresident alien, individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, the term "employer" means that person. (5) "Labor organization" means an organization in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. Hiring halls, which refer individuals for jobs with employers, are "labor organizations" to the extent that they exist pursuant to an agreement with an employer engaged primarily in the building and construction industry under Section 8(f)(3) of the National Labor Relations Act. (6) "New hire" includes an individual newly employed or an individual who has been rehired who was separated for at least sixty consecutive days or has returned to work after being laid off, furloughed, separated, granted leave without pay, or terminated from employment for at least sixty consecutive days. (B) By October 1, 1998, the department shall establish a state directory of new hires which shall contain information supplied in accordance with subsection (C) by employers on each new hire. (C) Beginning October 1, 1998, an employer who hires an employee who resides or works in this State shall report the hiring of the employee to the state directory of new hires within twenty calendar days of the hiring of the employee. However, in the case of an employer transmitting reports magnetically or electronically, these reports must be transmitted semi-monthly, if necessary, not less than twelve nor more than sixteen days apart. The report submitted shall contain: (1) the employer's name, address, and federal identification number assigned to the employer under Section 6109 of the Internal Revenue Code of 1986; and (2) the employee's name, address, and social security number. (D) For purposes of this section, an employer must not report information on an employee of a federal or state agency performing intelligence or counterintelligence functions if the head of the agency has determined that reporting pursuant to this section with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission. (E) An employer that has employees who are employed in two or more states and that transmits reports magnetically or electronically may comply with subsection (C) by designating one state in which the employer has employees to which the employer will transmit the report required by subsection (C) and transmitting the report to that state. An employer that transmits reports pursuant to this subsection shall notify the Secretary of the United States Department of Health and Human Services in writing as to which state the employer designates for the purpose of sending reports. (F) Each report required by subsection (C) must be made on a W-4 form or, at the option of the employer, an equivalent form and may be transmitted by first-class mail, facsimile, magnetically, or electronically. Magnetic and electronic submissions must be in a format prescribed by the department. (G) If an employer fails to report the hiring of an employee pursuant to this section, the employer is subject to a civil penalty of no more than: (1) twenty-five dollars for the second offense and every offense thereafter unless the employer can demonstrate good cause for not reporting the hiring; or (2) five hundred dollars for each and every offense, if the failure is the result of a conspiracy between the employer and the employee not to supply the required report or to supply a false or incomplete report. Fines imposed pursuant to this subsection must be enforced as provided for in Section 63-3-530(A)(43) and distributed according to Section 63-17-520. (H) Information must be entered into the data base maintained by the state directory of new hires within five business days of receipt from an employer pursuant to subsection (C). (I) No later than May 1, 1998, the department shall conduct automated comparisons of the social security numbers reported by employers pursuant to subsection (C) and the social security numbers appearing in the records of the State Case Registry created pursuant to Section 43-5-610 for cases being enforced under the federally-approved child support program administered by the department. (J) When an information comparison conducted under paragraph (I) reveals a match with respect to the social security number of an individual in the records of the State Case Registry, the state directory of new hires shall provide the department with the information reported by the employer pursuant to subsection (C). (K) Within two business days after the date information regarding a newly hired employee is entered into the state directory of new hires, the department shall transmit a notice to the employer of the employee directing the employer to withhold from the income of the employee an amount equal to the monthly, or other periodic, child support obligation, including any past-due child support obligation, of the employee, unless the employee's income is not subject to withholding pursuant to Article 11, Chapter 17, Title 63. (L) Within three business days after the date information regarding a newly hired employee is entered into the state directory of new hires, the state directory of new hires shall furnish the information to the national directory of new hires. (M) The state directory of new hires shall include reports received from the Department of Employment and Workforce pursuant to Section 43-5-620. The state directory of new hires shall furnish these reports, on a quarterly basis, to the national directory of new hires by the dates, in the format, and containing the information the Secretary of the United States Department of Health and Human Services specifies in regulations. (N) Information maintained in the state directory of new hires and national directory of new hires may be utilized for these purposes: (1) The department shall use information received pursuant to subsection (I) to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations and may disclose this information to a public or private agency that is under contract with the department to carry out these purposes. (2) The department shall have access to information reported by employers pursuant to subsection (C) for purposes of verifying eligibility for these state administered programs: (a) Temporary Assistance for Needy Families; (b) Medicaid under Title XIX of the Social Security Act; (c) food stamps; (d) unemployment compensation benefits; and (e) any state program under a plan approved under Title I, X, XIV, or XVI of the Social Security Act. (3) The Department of Employment and Workforce shall have access to information reported by employers pursuant to subsection (C) for purposes of administering the employment security program. (4) The Workers' Compensation Commission or its designee shall have access to information reported by employers pursuant to subsection (C) for purposes of administering the workers' compensation program. (O) An employer who in good faith discloses information pursuant to this section is not subject to civil or criminal liability on account of the disclosure. (P) This section remains in effect until the federal mandate requiring a mandatory new hire reporting program is repealed. Editor's Note 1997 Act No. 133, SECTION 17, provides as follows: "Section 20-7-1295 and Section 43-5-598, as added by this act, are the last expressions of the General Assembly notwithstanding any similar provisions passed in any other act of this year. The General Assembly finds these provisions of this act to be controlling and directs the Code Commissioner to codify Sections 20-7-1295 and 43-5-598, as added by this act." 1997 Act No. 71, SECTION 44, ratified June 4, 1997 and approved by the Governor June 10, 1997, added Section 43-5-598; 1997 Act No. 133, SECTION 15, ratified June 9, 1997 and approved by the Governor June 11, 1997, effected the same code section, but, in subsection (A)(4), substituted "governmental" for "government"; and, in subsection (G)(1), inserted "unless the employer can demonstrate good cause for not reporting the hiring".
S.C. Code Ann. § 43-5-1250 — SC Code / Title 43 / Chapter 5 / Article 9 / Section 43-5-1250
SECTION 43-5-1250. Endorsement of statewide mass transit network.
Status: in_force

To promote independence and assist AFDC families in participating in the Department of Social Services employment and training program and in getting to their place of employment, reliable transportation services are needed. The department in conjunction with the Department of Public Safety shall endorse local efforts to develop a statewide network of mass transit systems.
S.C. Code Ann. § 43-33-330 — SC Code / Title 43 / Chapter 33 / Article 5 / Section 43-33-330
SECTION 43-33-330. Appointment of board.
Status: in_force

Protection and Advocacy for People with Disabilities, Inc. is governed by a board consisting of a minimum of twelve members and a maximum of sixteen members. Four members must be appointed by the Governor, one member from each of the system's four regions. Eight members must be elected by the board upon recommendation by the system's nominating committee which shall consult with advocacy groups of the State representing persons with disabilities. Members shall serve for terms of four years and until their successors are appointed and qualify. Vacancies must be filled in the original manner for the unexpired portion of the term. A vacancy must be filled not later than sixty days after the date on which the vacancy occurs. Up to four members who serve as chair of advisory councils or committees to the system may be elected by the board to serve ex officio as considered appropriate to the needs of the system or as mandated by law. No appointed board member may serve more than two successive four-year terms. The board may change its corporate name in the same manner as any other nonprofit corporation, and if the board changes its corporate name, the powers and duties of Protection and Advocacy for People with Disabilities, Inc. are considered to be the powers and duties of the successor nonprofit corporation. Editor's Note 2017 Act No. 52, SECTIONS 10 to 12, provide as follows: "SECTION 10. The Governor shall take all actions necessary pursuant to 29 U.S.C. Section 732 to designate Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., as the South Carolina administrator of the Client Assistance Program. "SECTION 11. Authorized appropriations and the assets and liabilities of the Client Assistance Program are transferred to and become part of Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc. "SECTION 12. This act takes effect upon approval by the Governor. Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., shall administer the Client Assistance Program upon the completion of all necessary filings with the federal government." Effect of Amendment 2017 Act No. 52, SECTION 2, substituted "Protection and Advocacy for People with Disabilities, Inc." for "South Carolina Protection and Advocacy System for the Handicapped, Inc." in two places; in the third sentence, substituted "disabilities" for "handicaps"; and made nonsubstantive changes.
S.C. Code Ann. § 43-35-280 — SC Code / Title 43 / Chapter 35 / Article 2 / Section 43-35-280
SECTION 43-35-280. Civil liability.
Status: in_force

After participating in the Vulnerable Adult Guardian ad Litem Program training, an individual who is appointed to serve as a guardian ad litem and who serves without compensation is not liable for any civil damages for any personal injury as a result of any act or omission by the guardian ad litem in the discharge of the duties and responsibilities of a guardian ad litem if the guardian ad litem acts in good faith and is not guilty of gross negligence.
S.C. Code Ann. § 43-1-115 — SC Code / Title 43 / Chapter 1 / Section 43-1-115
SECTION 43-1-115. County office performance audits.
Status: in_force

The state department shall conduct, at least once every five years, a substantive quality review of the child protective services and foster care programs in each county and each adoption office in the State. The county's performance must be assessed with reference to specific outcome measures published in advance by the department. The quality review must assess the accuracy of program data being submitted by the county and examine data and other sources to determine the extent to which outcomes are being achieved. The department shall prepare a detailed narrative report, with supporting data, describing its findings. The state department shall submit the report within ninety calendar days after completion of the review to the Governor and to each member of the county legislative delegation, and the report shall be posted on the department's website. The reports are public information and upon request must be provided without charge to any member of the public within fifteen working days after the request is received. The failure of the state department to conduct the required quality review of any county office is considered nonfeasance in office by the state director and is cause for the state director's removal. This section is not intended to limit the department in the frequency or scope of reviews of county operations.
S.C. Code Ann. § 43-7-20 — SC Code / Title 43 / Chapter 7 / Article 1 / Section 43-7-20
SECTION 43-7-20. State Department shall secure Federal funds.
Status: in_force

The State Department shall secure Federal funds, when available, to assist in the program for medical and hospital care hereby authorized.
S.C. Code Ann. § 43-5-1240 — SC Code / Title 43 / Chapter 5 / Article 9 / Section 43-5-1240
SECTION 43-5-1240. Transitional Medicaid and child care.
Status: in_force

(A) Subject to federal waiver, the department shall provide transitional Medicaid and child care for a maximum of two years for AFDC clients who lose eligibility because of employment or who become employed after losing eligibility as a result of exceeding the twenty-four-month time limit provided for in Section 43-5-1170. For individuals who become employed after a period of ineligibility due to exceeding the twenty-four-month time limit provided for in Section 43-5-1170, earnings must be less than poverty and continued employment must be jeopardized by medical expenditures to be eligible for transitional Medicaid and child care in the second year. (B) If a former recipient's employer offers or provides health insurance coverage for the former recipient and/or the former recipient's family at an out-of-pocket cost to the former recipient which is less than ten percent of the former recipient's wages after deducting Federal Income Collection Act contributions, no Medicaid coverage may be provided to a family member who could be covered under the employer-provided insurance plan.
S.C. Code Ann. § 43-35-55 — SC Code / Title 43 / Chapter 35 / Article 1 / Section 43-35-55
SECTION 43-35-55. Protective custody by law enforcement officer; procedure; notification of protective services program; subsequent proceedings.
Status: in_force

(A) A law enforcement officer may take a vulnerable adult in a life-threatening situation into protective custody if: (1) there is probable cause to believe that by reason of abuse, neglect, or exploitation there exists an imminent danger to the vulnerable adult's life or physical safety; (2) the vulnerable adult or caregiver does not consent to protective custody; and (3) there is not time to apply for a court order. (B) When a law enforcement officer takes protective custody of a vulnerable adult, the officer must transport the vulnerable adult to a place of safety which must not be a facility for the detention of criminal offenders or of persons accused of crimes. The Adult Protective Services Program has custody of the vulnerable adult pending the family court hearing to determine if there is probable cause for protective custody. (C) A vulnerable adult who is taken into protective custody by a law enforcement officer, may not be considered to have been arrested. (D) When a law enforcement officer takes protective custody of a vulnerable adult under this section, the law enforcement officer must immediately notify the Adult Protective Services Program and the Department of Social Services in the county where the vulnerable adult was situated at the time of being taken into protective custody. This notification must be made in writing or orally by telephone or otherwise and must include the following information: (1) the name of the vulnerable adult, if known, or a physical description of the adult, if the name is unknown; (2) the address of the place from which the vulnerable adult was removed by the officer; (3) the name and the address, if known, of any person who was exercising temporary or permanent custody of or control over or who was the caregiver of the vulnerable adult at the time the adult was taken into protective custody; (4) the address of the place to which the vulnerable adult was transported by the officer; (5) a description of the facts and circumstances resulting in the officer taking the vulnerable adult into protective custody. (E) The Department of Social Services is responsible for filing a petition for protective custody within one business day of receiving the notification required by subsection (D). (F) The family court shall hold a hearing to determine whether there is probable cause for the protective custody within seventy-two hours of the Department of Social Services filing the petition, excluding Saturdays, Sundays, and legal holidays. (G) Upon receiving notification that a vulnerable adult has been taken into protective custody the Adult Protective Services Program shall commence an investigation. After the hearing required by subsection (F), the Adult Protective Services Program may initiate or cause to be initiated a petition for services pursuant to Section 43-35-45.
S.C. Code Ann. § 43-21-130 — SC Code / Title 43 / Chapter 21 / Section 43-21-130
SECTION 43-21-130. Long Term Care Council; membership; meetings; reports.
Status: in_force

(A) There is created the Long Term Care Council (council) composed of the following voting members: (1) the Governor or his designee; (2) the Director of the Department of Social Services; (3) the Director of the Department of Health and Environmental Control; (4) the Office Director of the Office of Mental Health; (5) the Office Director of the Office of Intellectual and Developmental Disabilities; (6) the Director of the Division on Aging; (7) the Director of the Department of Health and Human Services; (8) the Chairman of the Joint Legislative Health Care Planning and Oversight Committee, or his designee; (9) the Chairman of the Joint Legislative Committee on Aging, or his designee; (10) one representative of each of the following groups appointed by the Lieutenant Governor annually: (a) long term care providers; (b) long term care consumers; (c) persons in the insurance industry developing or marketing a long term care product. (B) Each director serving as a council member may authorize in writing a designee to vote on his behalf at two meetings a year. Members appointed by the Lieutenant Governor to represent private groups serve without compensation. (C) The council shall meet at least quarterly, provide for its own officers, and make an annual report to the General Assembly before January second each year. This report must include new council recommendations. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Effect of Amendment 2018 Act No. 261, SECTION 12, in (A)(1), substituted "the Governor" for "the Lieutenant Governor".
S.C. Code Ann. § 43-7-80 — SC Code / Title 43 / Chapter 7 / Article 1 / Section 43-7-80
SECTION 43-7-80. Provider required to keep separate accounts and records; violation is a misdemeanor; penalties.
Status: in_force

(A) A provider of medical assistance, goods, or services under the state's Medicaid program who is required by state or federal law, regulation, or written policy to maintain separate accounts for patient funds and accurate records of those funds must maintain separate accounts and records of the accounts. It is unlawful for a provider, or a person acting as the provider's agent or employee, to transfer, remove, or encumber or cause to be removed, transferred, or encumbered patient funds for a purpose other than as authorized. Repayment or retransfer of patient funds or satisfaction of an encumbrance on them is not a defense under this section and repayment, retransfer, or satisfaction is admissible as relevant evidence only at sentencing, if the provider is found guilty of a violation of this section. (B) A person who violates the provisions of this section is guilty of a Class A misdemeanor and, upon conviction, must be imprisoned not more than three years and fined not more than one thousand dollars. (C) In addition to all other remedies under this section, the Attorney General may bring an action to recover damages equal to five thousand dollars for each violation of this section. Upon a finding that a provider has violated a provision of this section, the state agency which administers the Medicaid program also may take other administrative action authorized under relevant state or federal laws. Editor's Note 1994 Act No. 468, SECTION 2, provides as follows: "The offenses created by this act are not exclusive and must not be construed to limit the power of the State to prosecute a person for conduct which constitutes a crime under another statute or at common law."
S.C. Code Ann. § 43-35-560 — SC Code / Title 43 / Chapter 35 / Article 5 / Section 43-35-560
SECTION 43-35-560. Vulnerable Adults Fatalities Review Committee; members; terms; meetings; administrative support.
Status: in_force

(A) There is created a multidisciplinary Vulnerable Adults Fatalities Review Committee composed of: (1) the Director of the South Carolina Department of Social Services; (2) the Commissioner of the South Carolina Department of Health and Environmental Control; (3) the Executive Director of the South Carolina Criminal Justice Academy; (4) the Chief of the South Carolina Law Enforcement Division; (5) the Director of the South Carolina Department of Alcohol and Other Drug Abuse Services; (6) the Office Director of the Office of Mental Health; (7) the Office Director of the Office of Intellectual and Developmental Disabilities; (8) the Director of the Office on Aging; (9) the Executive Director of Protection and Advocacy for People with Disabilities, Inc.; (10) two representatives from two county boards of disabilities and special needs established pursuant to Section 44-20-375; (11) a county coroner or medical examiner; (12) an attorney with experience in prosecuting crimes against vulnerable adults; (13) a physician with experience in treating vulnerable adults, appointed from recommendations submitted by the South Carolina Medical Association; (14) a solicitor; (15) a forensic pathologist; and (16) two members of the public at large, one of whom must represent a private nonprofit community residential care facility and one of whom must represent a public for profit community residential care facility, both of which must provide services to vulnerable adults. (B) Those members enumerated in items (1) through (10) shall serve ex officio and may appoint a designee, who has administrative or program responsibilities for vulnerable adults, to serve in their place from their particular departments or agencies. The remaining members, including the coroner or medical examiner and solicitor, who shall serve ex officio, must be appointed by the Governor for terms of four years and until their successors are appointed and qualify. (C) A chairman and vice chairman of the committee must be elected from among the members by a majority vote of the membership for a term of two years. (D) Meetings of the committee must be held at least quarterly. A majority of the committee constitutes a quorum. (E) Each ex officio member shall provide sufficient staff and administrative support to carry out the responsibilities of this article. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 43-26-110 — SC Code / Title 43 / Chapter 26 / Section 43-26-110
SECTION 43-26-110. Existing facilities may not be sold until option to lease given to commission.
Status: in_force

Notwithstanding any other provisions of this chapter a vending facility operated on public property prior to the effective date of this chapter may continue to operate but may not be sold or subleased by the lessee until the commission has been granted a thirty-day option to lease the facility.
S.C. Code Ann. § 43-5-1155 — SC Code / Title 43 / Chapter 5 / Article 9 / Section 43-5-1155
SECTION 43-5-1155. Entrepreneurial development.
Status: in_force

The Department of Social Services shall seek funds for entrepreneurial development so that AFDC clients can create jobs and provide incentives for AFDC clients in their efforts to attain self-sufficiency and independence. The department shall identify markets for entrepreneurial development for AFDC clients, provide clients with job skills and opportunities to develop expertise in operating businesses, and allow clients to accrue savings, buy or earn stock in a business, or, over a period of time, purchase a business. In carrying out this program the department shall work in conjunction with public, community, and private sector entities including businesses, banks, and other institutions to develop strategies that provide financing, facilities, training, technical assistance, planning, and research to AFDC clients in their efforts to own their own businesses.
S.C. Code Ann. § 43-43-20 — SC Code / Title 43 / Chapter 43 / Section 43-43-20
SECTION 43-43-20. Commission to constitute corporate body.
Status: in_force

The commission is declared to be a body politic and corporate and shall exercise and enjoy all the rights and privileges as such. Membership on the commission shall not be construed to be an office of honor or profit.
S.C. Code Ann. § 43-7-460 — SC Code / Title 43 / Chapter 7 / Article 5 / Section 43-7-460
SECTION 43-7-460. Recovery of medical assistance paid from estates of certain individuals.
Status: in_force

(A) The department shall seek recovery of medical assistance paid under the Title XIX State Plan for Medical Assistance from the estate of an individual who: (1) at the time of death was an inpatient in a nursing facility, intermediate care facility for persons with intellectual disability, or other medical institution, if the individual is required, as a condition of receiving a service in the facility under the state plan, to spend for the cost of medical care all but a minimal amount of the person's income required for personal needs; or (2) was fifty-five years of age or older when the individual received medical assistance, but only for medical assistance consisting of a nursing facility service, home and community-based service, hospital or prescription drug service provided to an individual or a nursing facility, or receiving a home and community-based service. (B) Recovery under this section may be made only after the death of the decedent's surviving spouse, if one exists, and only at a time when the decedent has no surviving child under age twenty-one or no child who is blind or permanently and totally disabled as defined in Title XVI of the Social Security Act. (C) Recovery under this section must be waived by the department upon proof of undue hardship, asserted by an heir or devisee of the property claimed pursuant to 42 U.S.C. 1396p(b)(3) and in accordance with the guidance issued by the Secretary of the United States Department of Health and Human Services in the State Medicaid Manual as incorporated into the state plan. The department shall publish and maintain such guidance on the department's web site. (D) Recovery of a medical assistance payment under this section applies to medical assistance paid after June 30, 1994. (E) A claim against an estate under this section has priority as established in Section 62-3-805(a)(2)(ii). (F) For purposes of this section: (1) "Estate" means real property, personal property, and other assets included within the individual's estate as defined in Section 62-1-201(11). (2) "State plan" means Title XIX State Plan for Medical Assistance in effect at the decedent's death. (3) "Immediate family member" means a child, grandchild, parent, brother, or sister of the deceased. (G) Notwithstanding subsection (A)(2) upon the enactment of an amendment to federal law which grants states the option to exempt home and community-based services or other noninstitutional Medicaid services from the estate recovery provisions mandated by Section 13612 of the federal Omnibus Budget Reconciliation Act of 1993, the department shall seek recovery of medical assistance paid under the Title XIX State Plan for Medical Assistance from the estate of an individual who: (1) at the time of death was an inpatient in a nursing facility, intermediate care facility for persons with intellectual disability, or other medical institution if the individual is required, as a condition of receiving services in the facility under the state plan, to spend for costs of medical care all but a minimal amount of the person's income required for personal needs; or (2) was fifty-five years of age or older when the individual received medical assistance but only for medical assistance consisting of nursing facility services. Editor's Note The preamble of 1995 Act No. 71, SECTION 1 provides as follows: "Whereas, Section 13612 of the federal Omnibus Budget Reconciliation Act of 1993 amended Title XIX of the Social Security Act so as to mandate that states "shall seek the adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State Medicaid plan" in the case of certain persons; and "Whereas, failure to adopt these changes would have meant that South Carolina's Medicaid program no longer complied with the federal laws governing Medicaid and the loss of federal Medicaid funding would be a financial disaster since the federal government provides seventy-one percent of the funds for the Medicaid program; and "Whereas, the General Assembly reluctantly complied with the federal mandate, with particular concerns about applying the mandated estate recovery provisions to payments for noninstitutional Medicaid services since this might discourage older patients from seeking needed medical care; and "Whereas, members of the United States Congress have introduced legislation to grant states the option of exempting payments for noninstitutional Medicaid services from the mandated estate recovery provisions. Now, therefore,"
S.C. Code Ann. § 43-7-420 — SC Code / Title 43 / Chapter 7 / Article 5 / Section 43-7-420
SECTION 43-7-420. Assignment of rights to department; presumption of receipt of information regarding requirement for consequences or assignment.
Status: in_force

(A) An applicant or recipient, only to the extent of the amount of the medical assistance paid by Medicaid, is considered to have assigned his right to recover an amount paid by Medicaid from a third party or private insurer to the department. This assignment shall not include rights to Medicare benefits. The applicant or recipient shall cooperate fully with the department in its efforts to enforce its assignment rights. The receipt of medical assistance by an applicant or recipient shall create a rebuttable presumption that the applicant or recipient received information regarding the requirements for and the consequences of assigning his right to recover from a third party or private insurer either from the department, or in the case of an applicant or recipient qualified by the Social Security Administration under Section 1634 of the Social Security Act, from the Social Security Administration. (B) An applicant's and recipient's determination of, and continued eligibility for, medical assistance under Medicaid is contingent on his cooperation with the department in its efforts to enforce its assignment rights. Cooperation includes, but is not limited to, reimbursing the department from proceeds or payments received by the applicant or recipient from a third party or private insurer. (C) An applicant or recipient is considered to have authorized all persons, including insurance companies and providers of medical care, to release to the department information needed to enforce the assignment rights of the department.
S.C. Code Ann. § 43-33-310 — SC Code / Title 43 / Chapter 33 / Article 5 / Section 43-33-310
SECTION 43-33-310. Legislative findings.
Status: in_force

The General Assembly finds that by executive order in 1977 the Governor designated an eleemosynary corporation now known as "Protection and Advocacy for People with Disabilities, Inc.", as the organization to perform the function of advocate for citizens with developmental disabilities as required by Section 113 of Public Law 94-103, as amended, and that organization has been performing that function and has qualified for certain assistance under Section 113 of Public Law 94-103, as amended. It is the purpose of this act to permanently establish as advocate under Section 113 of Public Law 94-103, as amended, an eleemosynary corporation now known as "Protection and Advocacy for People with Disabilities, Inc." It is the further purpose of this act to express the desire of the General Assembly that Protection and Advocacy for People with Disabilities, Inc. exercise protection and advocacy functions not only for the citizens of South Carolina with developmental disabilities but also for all other citizens of the State with disabilities. Editor's Note The 1993 Act No. 181 SECTION 1612, eff July 1, 1993, provides as follows: "SECTION 1612. Nothing in this act shall affect the independent status or location of the South Carolina Protection and Advocacy System for the Handicapped established pursuant to Article 5, Chapter 33 of Title 43." 2017 Act No. 52, SECTIONS 10 to 12, provide as follows: "SECTION 10. The Governor shall take all actions necessary pursuant to 29 U.S.C. Section 732 to designate Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., as the South Carolina administrator of the Client Assistance Program. "SECTION 11. Authorized appropriations and the assets and liabilities of the Client Assistance Program are transferred to and become part of Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc. "SECTION 12. This act takes effect upon approval by the Governor. Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., shall administer the Client Assistance Program upon the completion of all necessary filings with the federal government." Effect of Amendment 2017 Act No. 52, SECTION 1, rewrote the section, revising the legislative findings to reflect the change of Advocacy for Handicapped Citizens, Inc.'s name to Protection and Advocacy for People with Disabilities, Inc.
S.C. Code Ann. § 43-21-200 — SC Code / Title 43 / Chapter 21 / Section 43-21-200
SECTION 43-21-200. Physicians trained in geriatrics or geropsychiatry; student loan repayment program; Physician Advisory Board created to review applicants.
Status: in_force

(A) There is established within the Department of Aging the State Loan Repayment Program to reimburse student loan payments of a physician licensed or certified to practice in this State, who has completed a fellowship training program in geriatrics or geropsychiatry accredited by the Accreditation Council for Graduate Medical Education, is accepted into the program, and contracts with the department as provided in subsection (C) of this section. (B)(1) To assist the department in selecting program participants, there is established the Physician Advisory Board to review applicants for the repayment reimbursement program. The board consists of five members, one each appointed by the department to represent: (a) the South Carolina Medical Association; (b) the South Carolina Commission on Higher Education; (c) the Medical University of South Carolina; (d) the School of Medicine of the University of South Carolina; and (e) a fellow in geriatrics or geropsychiatry. Board members serve at the pleasure of the department and without compensation, but may receive the mileage, subsistence, and per diem allowed by law for members of boards, committees, and commissions, to be paid from approved accounts of the department. (2) The board shall meet as necessary to review program applications and from among these applications recommend program candidates to the department. No physician may participate in the program who has not been recommended by the board. In considering applications, the board shall consider demonstrable need and make every effort to select those who intend to continue to practice in this State after completing the program. In order of priority in considering applicants for the program, the board shall consider first South Carolina natives completing fellowship programs in this State, then out-of-state applicants completing fellowships in this State, then South Carolina natives completing out-of-state fellowship programs, and finally out-of-state applicants completing out-of-state fellowships. (C)(1) A physician accepted for the program shall execute a contract with the department in which the physician agrees: (a) to practice in this State for no fewer than five consecutive years immediately following completion of his or her fellowship; (b) to accept Medicare and Medicaid patients; (c) to accept reimbursement or contractual binding rates; and (d) not to discriminate against patients based on the ability to pay. (2) Upon execution of the contract, the department shall reimburse student loan payments made by the physician during the last completed calendar quarter. No more than four physicians a year may participate in the program unless sufficient funding is available to reimburse, in accordance with this section, more than four physicians a year. The total amount that may be reimbursed to one physician is thirty-five thousand dollars multiplied by the number of years of the fellowship completed, prorated for periods less than one year. (D) If the department determines that the physician is not in compliance with the contract, it shall refer this matter to the Physicians Advisory Board, which shall recommend an appropriate penalty which may be imposed by the department for noncompliance, which must be an amount not to exceed three times the total of reimbursement received plus interest at the prime rate plus ten percent calculated from the date noncompliance was determined. (E) The department shall prescribe the form of applications and the procedures for reimbursement and may require such information and documentation as it determines appropriate for these applications and reimbursements. (F) The General Assembly, in the annual general appropriations act, shall appropriate the funds necessary for the operation of the State Loan Repayment Program. Code Commissioner's Note At the direction of the Code Commissioner, references to "Department on Aging" and "department" were substituted for "Division on Aging" and "division" to comply with amendments made by 2018 Act No. 261.
S.C. Code Ann. § 43-43-90 — SC Code / Title 43 / Chapter 43 / Section 43-43-90
SECTION 43-43-90. Organization; election of officers; maintenance of current membership record.
Status: in_force

Immediately upon appointment of the commission, it shall organize by electing one of its members as chairman, a second as vice-chairman, a third as secretary and a fourth as treasurer. The commission shall file and maintain a current record of its members with the offices of the clerk of court and with the respective legislative delegation in each county represented on the commission.
S.C. Code Ann. § 43-21-160 — SC Code / Title 43 / Chapter 21 / Section 43-21-160
SECTION 43-21-160. Eldercare Trust Fund created; funding; purpose; administration.
Status: in_force

(A) There is created the Eldercare Trust Fund of South Carolina to be administered by the South Carolina Department on Aging. (B) All monies received from the voluntary contribution system established in Section 12-7-2419 or any other contribution, gift, or bequest must be placed on deposit with the State Treasurer in an interest-bearing account. (C) These funds must be used to award grants to public and private nonprofit agencies and organizations to establish and administer innovative programs and services that assist older persons to remain in their homes and communities with maximum independence and dignity. (D) The Eldercare Trust Fund shall supplement and augment programs and services provided by or through state agencies but may not take the place of these programs and services. (E) The South Carolina Department on Aging shall carry out all activities necessary to administer the fund. Code Commissioner's Note At the direction of the Code Commissioner, references to "Department on Aging" and "department" were substituted for "Division on Aging" and "division" to comply with amendments made by 2018 Act No. 261.
S.C. Code Ann. § 43-5-930 — SC Code / Title 43 / Chapter 5 / Article 7 / Section 43-5-930
SECTION 43-5-930. Implementation and enforcement in general.
Status: in_force

The department may promulgate and enforce regulations to govern the participation of vendors in the WIC Program including a point system to determine periods of disqualification; to impose other sanctions and civil penalties for violation of this article and regulations issued under it; and to prescribe any other policies or practice requirements to implement the purpose of this article.
S.C. Code Ann. § 43-5-220 — SC Code / Title 43 / Chapter 5 / Article 1 / Section 43-5-220
SECTION 43-5-220. Obtaining support payments from absent parents; amount; proceedings.
Status: in_force

(a) Every applicant for family independence benefits who has a child by a parent who is alive but not living in the home at the time of approval for family independence must be immediately referred to the designated child support official of the department. The department shall be responsible for taking all steps necessary to identify, locate, and obtain support payments from absent parents. (b) The department shall establish a scale of suggested minimum contributions to assist courts in determining the amount that an absent parent should be expected to pay toward the support of a dependent child. The scale shall include consideration of gross income, shall authorize expense deductions including deductions for taxes for determining net income, shall designate other available resources to be considered and shall specify the circumstances which should be considered in reducing liability on the basis of hardship. Copies of this scale shall be made available to courts, county attorneys, circuit solicitors, and to the public. It is intended that the scale formulated pursuant to this section be optional, and that no court or support official be required to use it. (c) In all cases in which the whereabouts of the absent parent is known, the department shall, immediately upon approval of the application for assistance, notify the absent parent of the filing of the application and of his responsibility to complete and return a written statement of his current monthly income, his total income over the past twelve months, a description of real and personal property owned by him, together with an estimate of its value, the number of dependents for whom he is providing support, the amount he is contributing regularly toward the support of all children for whom application for aid to families with dependent children has been made, his Social Security number, his itemized monthly living expenses and such other information as the department determines to be pertinent in determining his ability to support his children. The absent parent shall complete and return such statement to the department within ten days after notification by the department. The department may request the absent parent to report for a personal interview. If the absent parent statement is not completed within ten days after notification, the department shall cause prompt personal service to be made. If the written statement is not completed and returned within ten days after personal service, the department shall immediately refer the matter for prosecution for nonsupport. (d) When the department has obtained sufficient information concerning the absent parent, it shall immediately determine his ability to support his children and shall obtain a court order specifying an appropriate amount of support in accordance with the scale of suggested minimum contributions as provided in subsection (b). If the absent parent is residing out of the county, but within the State, and his whereabouts are known, the department shall obtain the court order in the court of competent jurisdiction as set forth in Section 14-21-830. Court orders of support shall in all cases specify that the payment of support shall be made directly to the department as reimbursement for assistance and not to the spouse of the absent parent. The support rights assigned to the State shall constitute an obligation owed to the State by the individual responsible for providing such support. Such obligation shall be deemed for collection purposes to be collectible under all applicable state and local processes. The amount of such obligations shall be: (1) The amount specified in a court order which covers the assigned support rights; (2) If there is no court order, an amount determined by the State in accordance with a formula approved by subsection (b); (3) Any amounts collected from an absent parent under the plan shall reduce, dollar for dollar, the amount of his obligation. A debt which is a child support obligation assigned to the department under this section is not released by a discharge in bankruptcy under the Bankruptcy Act. (e) Failure of the absent parent to comply with his support obligation shall be referred to the court having jurisdiction of the matter for appropriate proceedings. (f) Nothing in this section shall be construed to relieve the department from complying with the provisions of Section 402 (a) (11) of the Social Security Act. (g) Material falsification of information on the statement provided pursuant to Subsection (d) shall constitute a misdemeanor. (h) In the case of an individual not otherwise eligible for collection services, a fee may be imposed in accordance with federal law, regulations, and guidelines. (i) The department may submit to the Department of Revenue for collection and set off any debt for past-due support, including health care expenses, owed to the department or owed to an individual not otherwise eligible for collection services who has made application to the department. The debt for past-due support must be at least sixty days in arrears and is in excess of twenty-five dollars as provided in Section 12-7-2240. At the time of the submission, the department shall notify the debtor that his state tax refund will be subject to a debt for past-due support. The notice shall set forth the name of the debtor, the amount of the claimed debt, the intention to set off the refund against the debt, the taxpayer's opportunity to give written notice to contest the set off within thirty days of the date of mailing of the notice, the appropriate office of the department to which the application for a hearing must be sent, and the fact that failure to apply for a hearing in writing within the thirty-day period will be considered a waiver of the opportunity to contest the set off. If the debtor makes written application to contest the set off within thirty days of notification, the department shall provide an opportunity for a hearing and is responsible for refunding any monies wrongfully collected. If no application is made, the debtor's refund must be used to set off the amount owed. From the amount transferred from the Department of Revenue, the department shall reimburse the Department of Revenue for expenses incurred in administering this program. In the case of an individual not otherwise eligible for collection services, a fee must be imposed by the department to cover all costs. The department shall request that the Department of Revenue send to the department notice of the home address, corrected social security number, or additional Social Security numbers, if more than one is used, of any taxpayer whose name is submitted to the Department of Revenue under this subsection. (j) The department may submit to the Internal Revenue Service and the State Department of Revenue, for federal and state tax refund offsets, the name of any obligor who is delinquent in paying court-ordered child support and who qualifies for submittal under federal or state law even if the obligor is in compliance with a court order requiring periodic payments toward satisfaction of the delinquency or even if the delinquent amount has been placed in abeyance by court order.
S.C. Code Ann. § 43-7-240 — SC Code / Title 43 / Chapter 7 / Article 3 / Section 43-7-240
SECTION 43-7-240. Time for showing cause for dismissal; grounds for dismissal without prejudice.
Status: in_force

Any or all respondents shall have twenty days from the service of the order to show cause why the order should not become effective or the action dismissed. The following shall constitute good and sufficient grounds for dismissing the action, but without prejudice to the petitioner: (a) That in the discretion of the court, the imposition of the order would result in extreme hardship on the person due to some situation beyond his control. (b) That any one of the allegations set forth in the petition as required by SECTION 43-7-220 above is false.
S.C. Code Ann. § 43-35-40 — SC Code / Title 43 / Chapter 35 / Article 1 / Section 43-35-40
SECTION 43-35-40. Responsibilities when a report is received; initiation of investigation; reports to local law enforcement or Vulnerable Adults Investigations Unit.
Status: in_force

Upon receiving a report, the Long Term Care Ombudsman or Adult Protective Services promptly shall: (1) initiate an investigation; or (2) review the report within two working days for the purpose of reporting those cases that indicate reasonable suspicion of criminal conduct to local law enforcement or to the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division (SLED). A report to local law enforcement or SLED must be made within one working day of completing the review.
S.C. Code Ann. § 43-41-100 — SC Code / Title 43 / Chapter 41 / Section 43-41-100
SECTION 43-41-100. Powers.
Status: in_force

The commission is empowered: (a) to sue and be sued; (b) to adopt, use and alter a corporate seal; (c) to make bylaws for the management and regulation of its affairs; (d) to appoint agents and employees, to prescribe their duties, to fix their compensation, to determine if and to what extent they shall be bonded for the faithful performance of their duties; (e) to undertake the improvement of communication and cooperation among existing and future programs administered by federal, state, county and municipal governmental agencies and private organizations designed to improve the health, education, welfare, housing or employment of the low income residents of the counties represented by the commission and, with the consent of such agencies and organizations, to coordinate the same; (f) to enter into contracts and agreements for performance of its programs and duties with federal, state, county and municipal governmental agencies and subdivisions thereof, and private nonprofit organizations; (g) to receive and expend funds for the performance of its duties in the administration of its programs from such governmental agencies and subdivisions thereof and private nonprofit organizations, as well as any other sources; (h) to designate an executive committee from among the members of the commission to which may be delegated one or more duties and responsibilities of the commission and, from time to time, to appoint one or more subcommittees to advise and assist in the administration of its programs and the performance of its duties; all such committees designated to have representation from the three categories enumerated in items (1), (2) and (3) of SECTION 43-41-30(a) in the same proportion as such categories are represented on the full commission; (i) to maintain adequate accounts and records of its activities, receipts and expenses in conformance with requirements of any contract or agreement with any federal, state, county or municipal governmental agency, or subdivision thereof, or any private nonprofit organization; (j) to acquire, own or hold in trust, preserve, restore, maintain, or lease property, facilities and equipment reasonably necessary for the performance of its duties and the administration of its programs; (k) to do such other things as may be necessary to perform the duties prescribed in this chapter.
S.C. Code Ann. § 43-33-20 — SC Code / Title 43 / Chapter 33 / Article 1 / Section 43-33-20
SECTION 43-33-20. Right of use of public facilities and accommodations of blind, other special need persons, and guide dog trainers.
Status: in_force

(a) The blind, the visually handicapped, and the otherwise physically disabled have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public facilities, and other public places; (b) The blind, the visually handicapped, and the otherwise physically disabled are entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons; (c) Every handicapped person has the right to be accompanied by an assistance dog, especially trained for the purpose, in any of the places listed in item (b) of this section without being required to pay an extra charge for the assistance dog. Each handicapped person is liable for any damage done to the premises or facilities by the dog. (d) Every person who is a trainer of an assistance or guide dog, while engaged in the training of an assistance or guide dog, has the same rights and privileges with respect to access to public facilities and accommodations as blind and disabled persons, including the right to be accompanied by an assistance or guide dog or assistance or guide dog in training, in any of the places listed in item (b) of this section without being required to pay an extra charge for the assistance dog. A person who uses premises or facilities accommodations accompanied by a dog under the authority of this item is liable for any damage done to the premises or facilities by the dog.
S.C. Code Ann. § 43-38-30 — SC Code / Title 43 / Chapter 38 / Section 43-38-30
SECTION 43-38-30. Cooperation of departments, officers, and agencies required.
Status: in_force

All departments, officers, agencies and employees of the State shall cooperate with the ombudsman in carrying out his duties pursuant to the provisions of this chapter.
S.C. Code Ann. § 43-35-200 — SC Code / Title 43 / Chapter 35 / Article 2 / Section 43-35-200
SECTION 43-35-200. Vulnerable Adult Guardian ad Litem Program.
Status: in_force

(A) There is created the Vulnerable Adult Guardian ad Litem Program in the Office on Aging to serve as a statewide system to recruit, train, and supervise volunteers to serve as court-appointed guardians ad litem for vulnerable adults in abuse, neglect, and exploitation proceedings within the family court, pursuant to Section 43-35-45(C). (B) The Vulnerable Adult Guardian ad Litem Program shall develop policies and procedures to administer the program.
S.C. Code Ann. § 43-33-60 — SC Code / Title 43 / Chapter 33 / Article 1 / Section 43-33-60
SECTION 43-33-60. Policy regarding employment of blind and other physically disabled persons.
Status: in_force

It is the policy of this State that the blind, the visually handicapped, and the otherwise physically disabled shall be employed in the State service, the service of the political subdivisions of the State, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.
S.C. Code Ann. § 43-35-320 — SC Code / Title 43 / Chapter 35 / Article 3 / Section 43-35-320
SECTION 43-35-320. Responsibilities of council.
Status: in_force

The Adult Protection Coordinating Council shall coordinate the planning and implementation efforts of the entities involved in the adult protection system. Members shall facilitate problem resolution and develop action plans to overcome problems identified within the system. The council shall develop methods of addressing the ongoing needs of vulnerable adults, including increasing public awareness of adult abuse, neglect, and exploitation. The council shall remain abreast of new trends in adult protection from national clearinghouses and other appropriate entities. The Adult Protection Coordinating Council has no authority to direct or require implementing action from any member or entity.
S.C. Code Ann. § 43-31-90 — SC Code / Title 43 / Chapter 31 / Section 43-31-90
SECTION 43-31-90. Administration of chapter.
Status: in_force

This chapter shall be administered under the general supervision and direction of the agency by the commissioner.
S.C. Code Ann. § 43-5-590 — SC Code / Title 43 / Chapter 5 / Article 5 / Section 43-5-590
SECTION 43-5-590. Powers and duties of Department of Social Services in accordance with approved child support plan.
Status: in_force

In accordance with a child support plan approved by the federal government, the department has the power and its duty must be to: (a) require as a condition of eligibility for assistance that the applicant or recipient: (i) furnish his social security account number or, to the extent permitted by federal law, proof of making application for a social security account number if the applicant or recipient has no social security account number; (ii) assign to the State the rights to support, including health care expenses, from any other person the applicant may have in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid and which have accrued at the time the assignment is executed or which may accrue in the future. By accepting public assistance for or on behalf of a child or children, by making application for services under Title IV-D, or through placement of a child or children in state-funded foster care or under Title IV-E, except where good cause as determined by the agency exists, the recipient or applicant is considered to have made an assignment to the State Department of Social Services of rights, title, and interest to a support obligation which is owed for the child or children or for the absent parent's spouse or former spouse who is the recipient or the applicant with whom the child is living, if and to the extent that a spousal support obligation has been established and the child and the child support obligation is being enforced pursuant to Title IV-D of the federal Social Security Act. The assignment to the department is considered to have been made up to the amount of public assistance money, including Medicaid payments, or foster care board payments paid for or on behalf of the child or children for that period of time as the public assistance monies or foster care board payments are paid. The assignment consists of all rights and interest in a support obligation that the recipient may be owed past, present, or future by a person up to the amount of public assistance money, including Medicaid payments, paid to the recipient for or on behalf of the minor child or children or a child in foster care. The department is subrogated to the rights of the child or children or the person having custody of the child or children to collect and receive all support payments. The department has the right to initiate a support action in its own name or in the name of the recipient to recover payments ordered by the courts of this or any other state or to obtain a court order to initiate these payments including an action to determine the paternity of a child. The clerk of court shall execute the necessary order substituting the department and changing the payee of the support to the department upon receipt by the clerk of the notice of assignment. (iii) cooperate with the department in establishing the paternity of a child born out of wedlock with respect to whom aid is claimed, and in obtaining support payments for such applicant and for a child with respect to whom such aid is claimed, or in obtaining any other payments or property due such applicant of such child and that, if the relative with whom a child is living is found to be ineligible because of failure to comply with the requirements of items (a) and (b), any aid for which such child is eligible will be provided in the form of protective payments. The department shall establish criteria in accordance with federal regulations to determine whether action to establish paternity and secure support is not in the best interest of a child. (b) Provide for protective payments for any child eligible for assistance when a caretaker relative is ineligible due to the caretaker relative's failure to comply with either subitems (1) or (2) of item (a) of this section. (c) Provide that in any case in which the child support payments are collected for a child with respect to whom an assignment has been made pursuant to subitem (ii) of item (a) of this section the payment is made to the department for distribution pursuant to item (g) of this section except for those payments made for any month in which the amount collected is sufficient to make the family ineligible for assistance. The department shall pay the amounts to the recipient consistent with federal laws and regulations. Whenever a family ceases receiving public assistance the assignment pursuant to subitem (ii) of item (a) of this section converts to a nonpublic assistance assignment. However, the nonpublic assistance recipient may submit a written request to have the assignment terminated except with respect to the amount of any unpaid support obligation that has accrued under the assignment. From this amount the department shall attempt to collect the unpaid obligation and distribute the amounts consistent with federal laws and regulations. The department may not charge fees or recover costs from support collections and shall pay all amounts collected which represent monthly support payment and arrearage owed to the family. The department shall continue to provide all appropriate IV-D services and distribute any amounts collected consistent with federal laws and regulations except that the department may not require any formal application or impose an application fee but may recover costs consistent with federal laws and regulations pursuant to item (f) of this section. (d) The department shall create a single and separate organizational unit which is responsible for developing and implementing a federally-approved state plan for child support. The unit shall maintain a parent locator service to locate absent relatives owing or allegedly owing child support, utilizing all sources of information and legally available records and the parent locator service of the federal Department of Health and Human Services by filing in accordance with Section 453(B) of the Social Security Act. (e) Undertake either directly or pursuant to cooperative arrangements with appropriate courts or law enforcement officials to: (i) establish paternity of children born out of wedlock with respect to whom an assignment pursuant to subitem (2) of item (a) of this section has been made or with respect to an individual not otherwise eligible pursuant to item (f) of this section; (ii) secure support for a child with respect to whom such an assignment has been made from any legally responsible relative. (f) The department shall provide that the support collection or paternity determination services made available to approved applicants for the Aid to Families With Dependent Children Program under this section be made available to an individual not receiving assistance under the program who files an application for the services with the department. For an individual not otherwise eligible for these services under the program, a fee and cost may be imposed by the department. The fee and cost must be an amount not to exceed the amount permitted by federal law. The fees and cost recoveries as would cause a reduction in the amount of federal matching funds must be retained by the department to offset, dollar for dollar, the federal reductions. When there is an assignment of the rights to support, the clerk of court shall execute the necessary order substituting the department and changing the payee of the support to the department upon receipt by the clerk of the notice of assignment. (g) provide for bonus payments to recipients consistent with federal law from amounts collected periodically without any decrease in the amount of assistance; (h) make incentive payments to political subdivisions consistent with federal law whenever the political subdivision enforces or collects support rights assigned to the department pursuant to subitem (2) of item (a) and item (f) of this section. (i) construe and implement this section in order to comply with Title IV-D of the federal Social Security Act relating to child support and the establishment of paternity. The department shall take all steps necessary to implement a federally approved state plan for child support. (j) to provide that in rendering services under the plan to individuals with respect to whom an assignment is effective under this section, the State represents the public interest in establishing and enforcing child support obligations and the assignment does not create an attorney-client relationship between the agency and the custodial parent, the child, or any other party.
S.C. Code Ann. § 43-31-160 — SC Code / Title 43 / Chapter 31 / Section 43-31-160
SECTION 43-31-160. Department of Vocational Rehabilitation to provide services to certain inmates.
Status: in_force

In addition to the duties of the Department of Vocational Rehabilitation as set forth in Sections 43-31-20 and 43-31-60, the department shall provide services authorized by this chapter to individuals who have committed criminal offenses and are or have been incarcerated in the Department of Corrections when these individuals suffer from physical or mental disabilities that may constitute a substantial handicap to employment. Editor's Note 2001 Act No. 96, SECTION 3, provides as follows: "This act takes effect upon approval by the Governor; however, the implementation of this act is contingent upon the appropriation of necessary funds to carry out the provisions of this act."
S.C. Code Ann. § 43-5-1140 — SC Code / Title 43 / Chapter 5 / Article 9 / Section 43-5-1140
SECTION 43-5-1140. Labor market and occupational information to be provided to department.
Status: in_force

The Department of Employment and Workforce shall provide the department up-to-date labor market information to assist department employment and training staff in the development of recipient employment goals and training plans to be outlined in individual agreements. The Department of Employment and Workforce also, through contractual agreement, shall provide the South Carolina Occupational Information System to each of the department's local offices to assist with career counseling and career planning activities. To the extent possible, all other state agencies shall provide the department with access to appropriate economic and demographic data concerning AFDC applicants and recipients.
S.C. Code Ann. § 43-26-90 — SC Code / Title 43 / Chapter 26 / Section 43-26-90
SECTION 43-26-90. Buildings not subject to chapter.
Status: in_force

This chapter does not apply to hospitals, four-year institutions of higher learning and their branches, public elementary and secondary schools, technical education institutions, the South Carolina State Museum, property under the Patriots Point Development Authority jurisdiction, facilities devoted primarily to athletics, or to state, municipal, county, or civic center auditoriums and assembly halls. As many as two coin operated vending machines may be placed in buildings on the public property if the machines are not located in a building where there is a vending facility operated by the commission.
S.C. Code Ann. § 43-5-1200 — SC Code / Title 43 / Chapter 5 / Article 9 / Section 43-5-1200
SECTION 43-5-1200. Vehicle and other asset limits.
Status: in_force

One licensed vehicle per licensed driver is exempt from the asset limit for Family Independence participants in work or training. The asset limit for all other assets is two thousand five hundred dollars.
S.C. Code Ann. § 43-35-220 — SC Code / Title 43 / Chapter 35 / Article 2 / Section 43-35-220
SECTION 43-35-220. Duties and responsibilities of guardian ad litem; assessments.
Status: in_force

(A) The duties and responsibilities of a guardian ad litem include, but are not limited to: (1) representing the best interests of the vulnerable adult by advocating for the welfare and rights of a vulnerable adult involved in an abuse, neglect, or exploitation proceeding; (2) conducting an independent, balanced, and impartial assessment of the facts and the needs of the vulnerable adult relevant to his or her situation; (3) maintaining accurate, written case records, including case notes, which are a guardian ad litem's work product and not subject to subpoena; (4) providing the family court, and all parties, with written reports including, but not limited to, a comprehensive final report regarding the best interests of the vulnerable adult. The final report must be consistent with the rules of evidence and the rules of the court, and must include, but is not limited to, evaluation and assessment of the issues brought before the court, the wishes of the vulnerable adult, and recommendations for the case plan and the disposition of the case; and (5) attending all court hearings to protect and promote the best interests of the vulnerable adult until formally relieved of the responsibility by the family court. The guardian ad litem is authorized through counsel to introduce, examine, and cross-examine witnesses in any proceeding involving the vulnerable adult, participate in the proceedings to any degree necessary to represent the vulnerable adult adequately, participate on a multidisciplinary evaluation team concerning the vulnerable adult, and make motions necessary to enforce the orders of the court, seek judicial review, or petition the court for relief on behalf of the vulnerable adult. (B) The assessment conducted by the guardian ad litem pursuant to subsection (A) must include, but is not limited to: (1) obtaining and reviewing relevant documents including, but not limited to, the vulnerable adult's medical records; records from the place of residence if the vulnerable adult is living in a facility or other institution; records related to assets and debts of the vulnerable adult in cases of alleged exploitation; and records from the Department of Social Services, Office of Mental Health, Office of Intellectual and Developmental Disabilities, or other public entities providing services to the vulnerable adult; (2) meeting with and observing the vulnerable adult on at least one occasion; (3) visiting the home setting if appropriate; (4) interviewing family, caregivers, medical providers, law enforcement, and others with knowledge relevant to the case; (5) exploring available resources within the family and community to meet the needs of the vulnerable adult; (6) obtaining the criminal history of a party if determined necessary; and (7) determining the wishes of the vulnerable adult and informing the court of these wishes. 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.
S.C. Code Ann. § 43-5-410 — SC Code / Title 43 / Chapter 5 / Article 4 / Section 43-5-410
SECTION 43-5-410. Cooperation with federal government; administration of funds.
Status: in_force

The State Department may cooperate with the Federal Government in the development of plans and policies for aid to dependent children. It shall administer all funds appropriated or made available for this purpose. Editor's Note This section was formerly SECTION 20-7-2450.
S.C. Code Ann. § 43-39-80 — SC Code / Title 43 / Chapter 39 / Section 43-39-80
SECTION 43-39-80. Commission shall establish procedures for petitions for additional membership.
Status: in_force

The commission shall establish procedures under which community agencies or organizations and representative groups of the poor which feel themselves inadequately represented on the commission may petition for adequate membership. In this regard, the commission shall be governed by the federal regulations and guidelines promulgated under Public Law 92-424 and Public Law 93-644. If the commission finds that a petition for membership is meritorious and a seat is warranted, they shall increase the membership of the commission as provided for in SECTION 43-39-30(b) and (c).
S.C. Code Ann. § 43-5-600 — SC Code / Title 43 / Chapter 5 / Article 5 / Section 43-5-600
SECTION 43-5-600. Applicability of legal process, brought to enforce child or spousal support obligations, to payments by State.
Status: in_force

Monies due from or payable by this State, including any agency, instrumentality, or authority of the State, and due to any individual is subject, in like manner and to the same extent as if the State were a private person, to legal process brought for the enforcement against such individual of his legal obligations to provide support for a child or spouse; provided, however, that SECTION 41-35-140 shall control in cases concerning the South Carolina Department of Employment and Workforce.
S.C. Code Ann. § 43-5-1280 — SC Code / Title 43 / Chapter 5 / Article 9 / Section 43-5-1280
SECTION 43-5-1280. Review of federal and state procurement and purchasing regulations.
Status: in_force

The Department of Social Services and the Department of Health and Human Services Finance Commission shall review and, to the extent possible, ensure that federal and state procurement and purchasing regulations do not unnecessarily delay services to AFDC clients and child care and transportation providers to AFDC clients.
S.C. Code Ann. § 43-47-90 — SC Code / Title 43 / Chapter 47 / Section 43-47-90
SECTION 43-47-90. Powers of commission.
Status: in_force

The commission may: (1) sue and be sued; (2) adopt, use, and alter a corporate seal; (3) make bylaws for the management and regulation of its affairs; (4) appoint agents, employees, and servants, prescribe their duties, fix their compensation, and determine if and to what extent they must be bonded for the faithful performance of their duties; (5) undertake the improvement of communication and cooperation among existing and future programs administered by federal, state, county, and municipal governmental agencies and private organizations designed to improve the health, education, welfare, housing, or employment of the low income residents of the county and, with the consent of the agencies and organizations, coordinate the services; (6) enter into contracts and agreements for performance of its programs and duties with federal, state, county, and municipal governmental agencies and their subdivisions and private nonprofit organizations; (7) receive and expend funds for the performance of its duties in the administration of its programs from the governmental agencies and their subdivisions and private nonprofit organizations, as well as any other sources; (8) designate an executive committee from among the members of the commission to which may be delegated one or more duties and responsibilities of the commission and appoint one or more subcommittees to advise and assist in the administration of its program and the performance of its duties. All committees designated must be represented by the three categories in the same proportion as the full commission; (9) maintain adequate accounts and records of its activities, receipts, and expenses in conformance with requirements of a contract or agreement with a federal, state, county, or municipal governmental agency, or its subdivision, or a private nonprofit organization. However, the commission must obtain competitive bids on all contracts, purchases, or leases which are greater than one thousand dollars; (10) acquire, own, or hold in trust, preserve, restore, maintain, or lease property, facilities, and equipment reasonably necessary for the performance of its duties and the administration of its programs; (11) do other things as may be necessary to perform the duties prescribed in this chapter.
S.C. Code Ann. § 43-5-430 — SC Code / Title 43 / Chapter 5 / Article 4 / Section 43-5-430
SECTION 43-5-430. Investigation and report.
Status: in_force

The county department shall make an investigation and examination of the circumstances of such child. Such investigation and examination shall be made in accordance with rules prescribed by the State Department. A report of such investigation and examination shall be made in writing and shall become a part of the records of the county department. Editor's Note This section was formerly SECTION 20-7-2470.
S.C. Code Ann. § 43-33-220 — SC Code / Title 43 / Chapter 33 / Article 3 / Section 43-33-220
SECTION 43-33-220. Nondiscrimination in psychometric testing by State agencies; technical assistance to agencies; special assistance or procedures for handicapped persons.
Status: in_force

The provisions of this article shall apply to any State agency which utilizes psychometric tests in its personnel procedures. Any such agency shall administer test materials in such manner, form and procedure as will prevent discrimination to persons with physical handicaps as provided for in this article. In all instances where needed, agencies shall secure appropriate technical assistance to administer their test materials. Technical assistance shall be provided, where possible, by appropriate State agencies, professional organizations who work with the physically handicapped and other interested private or public groups and organizations. It shall be the responsibility of the handicapped person to make known his needs for special assistance or procedures to the agency in advance of his test.
S.C. Code Ann. § 43-41-110 — SC Code / Title 43 / Chapter 41 / Section 43-41-110
SECTION 43-41-110. Exemption from taxation.
Status: in_force

All property of the commission shall be exempt from all ad valorem taxes levied by the counties represented on the commission or any municipality therein, or any division, subdivision or agency thereof.
S.C. Code Ann. § 43-26-80 — SC Code / Title 43 / Chapter 26 / Section 43-26-80
SECTION 43-26-80. Blind vendors may have guide dogs on public property.
Status: in_force

Blind persons who are licensed by the commission to operate vending facilities shall be allowed to have their guide dogs present with them while on public property, any state, county or municipal laws, regulations, ordinances to the contrary notwithstanding. Provided, however, that this section shall in no manner affect or limit the provisions of Chapter 33 of Title 43 of the 1976 Code.
S.C. Code Ann. § 43-35-230 — SC Code / Title 43 / Chapter 35 / Article 2 / Section 43-35-230
SECTION 43-35-230. Appointment of guardian ad litem; continuing legal education.
Status: in_force

(A) A guardian ad litem may be either an attorney or a layperson. To be appointed as a guardian ad litem pursuant to Section 43-35-45(C) an individual: (1) must be twenty-one years of age or older; (2) shall possess a high school diploma or its equivalent; (3) shall have completed the minimum hours of continuing education for initial qualification as required by the Vulnerable Adult Guardian ad Litem Program; and (4) shall have observed two child protective services or adult protective services custody merit hearings before serving as a guardian ad litem. A lay guardian ad litem shall retain a certificate showing that observation of these hearings has been completed. This certificate, which must be on a form approved by court administration, must state the names and dates of the cases and the judges involved and must be attested to by the presiding judge. (B) An attorney guardian ad litem annually shall complete a minimum of six hours of family or elder law continuing legal education credits; however, this requirement may be waived by the court.
S.C. Code Ann. § 43-31-70 — SC Code / Title 43 / Chapter 31 / Section 43-31-70
SECTION 43-31-70. Appointment and qualifications of Commissioner of Vocational Rehabilitation.
Status: in_force

The agency shall appoint a Commissioner of Vocational Rehabilitation, in accordance with established personnel standards and on the basis of his education, training, experience and demonstrated ability. The commissioner shall serve as secretary and executive officer of the Agency.
S.C. Code Ann. § 43-5-1145 — SC Code / Title 43 / Chapter 5 / Article 9 / Section 43-5-1145
SECTION 43-5-1145. Cash assistance payments paid as wage subsidy or tax credit.
Status: in_force

To maximize employment opportunities for welfare recipients and to provide for additional job training and placement efforts, instead of making cash assistance payments to AFDC recipients, these payments or some portion of these payments may be paid as a wage subsidy or given as a tax credit to employers offering new jobs as a result of a new business or an expansion of an existing business, subject to the guidelines of the department.
S.C. Code Ann. § 43-5-10 — SC Code / Title 43 / Chapter 5 / Article 1 / Section 43-5-10
SECTION 43-5-10. Implementation and administration of public welfare program; regulations.
Status: in_force

The Department of Social Services shall be responsible for maintaining uniformity in the administration of public welfare throughout the State. The director shall be the only person authorized to determine and implement the policies of the department. The department shall issue regulations pursuant to Sections 1-23-10, et seq., whenever changes in federal laws and regulations supersede existing state statutes. In adopting regulations the department shall strive for clarity of language which may be readily understood by those administering aid and by those who apply for or receive aid.
S.C. Code Ann. § 43-5-160 — SC Code / Title 43 / Chapter 5 / Article 1 / Section 43-5-160
SECTION 43-5-160. Review by state department on own motion or request of applicant.
Status: in_force

The state department may also, upon its own motion or at the request of the applicant, review any decision of a county department and may consider any application upon which a decision has not been made by the county department within a reasonable time.
S.C. Code Ann. § 43-5-1220 — SC Code / Title 43 / Chapter 5 / Article 9 / Section 43-5-1220
SECTION 43-5-1220. Minor mother must live with minor's parents to receive welfare; exceptions.
Status: in_force

(A) Minor mothers with a child born out of wedlock must live in the home of their parent or guardian to be eligible to receive AFDC benefits unless: (1) the minor parent has no living parent or legal guardian whose whereabouts is known; (2) no living parent or legal guardian of the minor parent allows the minor parent to live in his or her home; (3) the minor parent lived apart from his or her own parent or legal guardian for a period of at least one year before either the birth of the dependent child or the parent's having applied for AFDC; (4) the physical or emotional health or safety of the minor parent or dependent child would be jeopardized if they resided in the same residence with the minor parent's parent or legal guardian; (5) there is otherwise good cause for the minor parent and dependent child to receive assistance while living apart from the minor parent's parent or legal guardian or another adult relative or an adult supervised supportive living arrangement. (B) If a minor parent makes an allegation supporting the conclusion that subsection (A)(4) applies, the department shall determine whether it is justified. Circumstances justifying a determination of good cause as provided for in subsection (A)(5) include, but are not limited to, written statements from at least two corroborating persons showing that it is not in the best interest of the minor parent to live with his or her parents or legal guardian or in an adult supervised supportive living arrangement. When a minor parent and his or her dependent child are required to live with the minor parent's parent or legal guardian or another adult relative or in an adult supervised supportive living arrangement, AFDC must be paid, where possible, in the form of a protective payment. A minor parent applicant must be informed directly about AFDC eligibility requirements including his or her rights under this section. The applicant must be told of the exemptions and must be asked if one or more of the exemptions is applicable to the applicant. The department shall assist the minor in obtaining the necessary verification if one or more of these exemptions is alleged.
S.C. Code Ann. § 43-5-148 — SC Code / Title 43 / Chapter 5 / Article 1 / Section 43-5-148
SECTION 43-5-148. Date on which assistance shall begin.
Status: in_force

Family Independence benefits shall begin on the date of application if the benefit group met all the eligibility conditions on that date. Payments for partial months must be prorated by the ratio of the days in the month to the date of application.
S.C. Code Ann. § 43-7-210 — SC Code / Title 43 / Chapter 7 / Article 3 / Section 43-7-210
SECTION 43-7-210. Right to attach wages, fees and commissions of medical care recipients and persons liable for expenses.
Status: in_force

Wages, fees and commissions due or to become due any person who has received medical care for himself or for a person whose medical expenses, he is obligated by law or has contracted to pay, exclusive of doctor's fees, which has been paid for by a county, may be attached as hereinafter set forth.
S.C. Code Ann. § 43-5-1170 — SC Code / Title 43 / Chapter 5 / Article 9 / Section 43-5-1170
SECTION 43-5-1170. Time limited welfare and exceptions.
Status: in_force

To emphasize that welfare is temporary assistance in time of trouble, the department shall apply to the federal government for a waiver authorizing assistance in the Aid to Families with Dependent Children Program (AFDC) to be limited to no more than twenty-four months out of one hundred and twenty months and no more than sixty months in a lifetime except when: (1) the head of household is permanently and totally disabled, whether physical or mental; (2) the head of household is providing full-time care for a disabled individual in the home; (3) the parent of the child for whom assistance is received is a minor under the age of eighteen who has not completed high school. Assistance must be provided for a period of up to twenty-four months after the minor parent attains the age of eighteen or completes high school, whichever occurs first; (4) the individual is involved in an approved training program which will not be completed by the twenty-fourth month. However, no extension may be granted beyond the thirtieth month except with the express permission of the county director; (5) the adult head of household is not the parent of the child and is not included in the assistance check; (6) the adult head of household is providing a home for and caring for a child whom the department has determined to be abandoned by his or her parents and for whom the alternative placement is foster care; (7) child care or transportation is not reasonably available; (8) The recipient can establish by clear and convincing evidence to the department that the recipient has fully complied with the recipient's agreement with the department including: (a) diligently seeking all available employment and following up on all employment opportunities known to the Department of Employment and Workforce or related state agencies for which the recipient is qualified; (b) demonstrating a willingness to relocate as provided in Part III, Section 4; (c) cooperating fully with all state agencies in order to strive to become gainfully employed; and the department is satisfied that no available employment reasonably exists for the recipient and that there is no other means of support reasonably available to the recipient's family. Every sixty days the department shall conduct a review of the recipient's compliance with the requirements of this item. Under this review, assistance provided pursuant to this item may only be extended for up to an additional twelve months. At the end of the twelve-month extension, assistance may only be provided with the express permission of the county director who must certify that the person is engaged in education, training, or other employment-related activities. No sooner than sixty and no later than ninety days after an AFDC recipient's benefits are terminated under the time limits for the receipt of AFDC as provided for in this section, the department shall conduct an assessment of and make recommendations, as appropriate, for the health and well-being of the children in the care and custody of the former AFDC recipient.
S.C. Code Ann. § 43-26-100 — SC Code / Title 43 / Chapter 26 / Section 43-26-100
SECTION 43-26-100. Effect on existing vending facilities operated by the blind.
Status: in_force

Notwithstanding any other provisions of this chapter, no vending facility operated by a blind person on public property, including technical education institutions, on the effective date of this chapter shall be terminated or closed without written approval of the commission and such approval shall not be unreasonably withheld.
S.C. Code Ann. § 43-1-140 — SC Code / Title 43 / Chapter 1 / Section 43-1-140
SECTION 43-1-140. State Department shall keep proper records.
Status: in_force

The State Department shall keep proper records, including such as may be required by the Federal Government through its appropriate agency or instrumentality, and report such information and data as required.
S.C. Code Ann. § 43-47-40 — SC Code / Title 43 / Chapter 47 / Section 43-47-40
SECTION 43-47-40. Selection and appointment of members.
Status: in_force

After the candidates for nomination to the commission have met the eligibility criteria and have been selected for membership in accordance with the requirements of the Economic Opportunity Act of 1964, Public Law 92-424, as amended, and the Headstart, Economic Opportunity, and Community Partnership Act of 1974, Public Law 93-644, and the regulations promulgated under the acts, they must be confirmed as members of the commission by appointment of the members of the legislative delegation representing Anderson County. If other counties petition to join the commission, then the appointments to the commission must be by the members of the legislative delegations of the petitioning counties.
S.C. Code Ann. § 43-35-270 — SC Code / Title 43 / Chapter 35 / Article 2 / Section 43-35-270
SECTION 43-35-270. Confidentiality of reports and information.
Status: in_force

(A) All reports and information collected pursuant to this article maintained by the Vulnerable Adult Guardian ad Litem Program or by a guardian ad litem are confidential. These records must be maintained and destroyed in accordance with program policy. (B) The Director of the Vulnerable Adult Guardian ad Litem Program, or the director's designee, may disclose to the media information contained in the vulnerable adult protective services records, if disclosure is limited to discussion of the program's activities in handling the case. The program may incorporate into its discussion of the handling of the case any information placed in the public domain by other public officials, a criminal prosecution, the alleged perpetrator or the attorney for the alleged perpetrator, and other public judicial proceedings. For the purposes of this subsection, information is considered placed in the public domain if it has been reported in the news media, is contained in public records of a law enforcement agency, is contained in public records of the court, or has been the subject of testimony in a public judicial proceeding.
S.C. Code Ann. § 43-41-70 — SC Code / Title 43 / Chapter 41 / Section 43-41-70
SECTION 43-41-70. Compensation; vacancies.
Status: in_force

Members of the commission shall serve without compensation except as otherwise provided for by appropriate federal authorization. In the event of a vacancy on the commission it shall be filled for the remainder of the unexpired term by selection and appointment in the same manner as provided for the original appointments.
S.C. Code Ann. § 43-5-1195 — SC Code / Title 43 / Chapter 5 / Article 9 / Section 43-5-1195
SECTION 43-5-1195. Eligibility based on parent's support and employment revised.
Status: in_force

To eliminate restrictions that break up families and to encourage the formation of new families, the department shall remove the requirement that a child be deprived of support from one or both parents to be eligible for assistance and shall remove the one hundred hour rule and the recent connection to the labor force rule.
S.C. Code Ann. § 43-1-720 — SC Code / Title 43 / Chapter 1 / Section 43-1-720
SECTION 43-1-720. Establishing and collecting accounts receivable.
Status: in_force

The Department of Social Services shall establish and collect accounts receivable in accordance with appropriate and applicable federal regulations.
S.C. Code Ann. § 43-31-80 — SC Code / Title 43 / Chapter 31 / Section 43-31-80
SECTION 43-31-80. Duties and powers of commissioner generally.
Status: in_force

In carrying out his duties under this chapter, the commissioner: (1) shall, with the approval of the agency, make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, and investigation and determination therefor, for vocational rehabilitation and other services, procedures for fair hearings and such other regulations as he finds necessary to carry out the purposes of this chapter; (2) shall, with the approval of the agency, establish appropriate subordinate administrative units; (3) shall, with the approval of the agency, appoint such personnel as he deems necessary for the efficient performance of the functions of the agency; (4) shall prepare and submit to the agency annual reports of activities and expenditures and, prior to each regular session of the legislature, estimates of sums required for carrying out this chapter and estimates of the amounts to be made available for this purpose from all sources; (5) shall make certification for disbursement, in accordance with regulations, of funds available, for carrying out the purposes of this chapter; (6) shall, with the approval of the agency, take such other action as he deems necessary or appropriate to carry out the purposes of this chapter; (7) may, with the approval of the agency, delegate to any officer or employee of this agency such of his powers and duties, except the making of regulations and the appointment of personnel, as he finds necessary to carry out the purposes of this chapter.
S.C. Code Ann. § 43-31-110 — SC Code / Title 43 / Chapter 31 / Section 43-31-110
SECTION 43-31-110. Services shall be available to disabled civil employees of United States.
Status: in_force

Rehabilitation services provided under the State plan shall be available to any civil employee of the United States disabled while in the performance of his duty, on the same terms and conditions as apply to other persons.
S.C. Code Ann. § 43-26-20 — SC Code / Title 43 / Chapter 26 / Section 43-26-20
SECTION 43-26-20. Powers of commission.
Status: in_force

For the purpose of providing blind persons with remunerative employment, enlarging the economic opportunities of the blind, and assisting blind persons to become self-supporting, the commission is authorized to promote the employment of blind persons, including the licensing and establishment of such persons as operators of vending facilities in or on public and other property. The commission shall cooperate with the United States Government in the administration of the vending facility program for the blind on Federal property, and shall adopt such methods of operation and take such action as may be required to secure the full benefits of the Federal program.
S.C. Code Ann. § 43-5-170 — SC Code / Title 43 / Chapter 5 / Article 1 / Section 43-5-170
SECTION 43-5-170. Subpoenas, oaths and examinations of witnesses.
Status: in_force

The department may issue subpoenas for witnesses and compel their attendance and the production of papers and writings and the director and employees designated by him may administer oaths and examine witnesses under oath.
S.C. Code Ann. § 43-21-10 — SC Code / Title 43 / Chapter 21 / Section 43-21-10
SECTION 43-21-10. Department on Aging created; Advisory Council on Aging; membership, qualifications; appointment; election of chair; compensation and meetings of council; rules and procedures.
Status: in_force

There is created the Department on Aging. The department must be supported by an Advisory Council on Aging consisting of one member from each of the ten planning and service areas and five members from the State at large. The director of the department shall provide statewide notice that nominations may be submitted to the director from which the Governor shall appoint the members of the council. The members must be citizens of the State who have an interest in and a knowledge of the problems of an aging population. In making appointments to the council, consideration must be given to assure that the council is composed of appointees who are diverse in age, who are able and disabled, and who are active leaders in organizations and institutions that represent different concerns of older citizens and their families. The chair must be elected by the members of the advisory council from its members for a term of two years and until a successor is elected. Members of the council shall serve without compensation but shall receive mileage and subsistence authorized by law for members of boards, commissions, and committees. The advisory council shall meet at least once each quarter and special meetings may be called at the discretion of the director of the department. Rules and procedures must be adopted by the council for the governance of its operations and activities. Effect of Amendment 2018 Act No. 261, SECTION 6, in the first sentence, substituted "the Department on Aging" for "in the Office of the Lieutenant Governor, the Division on Aging"; in the second sentence, substituted "The department" for "The division" and deleted "under the Division on Aging" following "planning and service areas"; in the third sentence, substituted "The director of the department" for "The director of the division" and substituted "Governor" for "Lieutenant Governor" following "to the director from which the"; and in the eighth sentence, substituted "department" for "division" at the end.
S.C. Code Ann. § 43-3-65 — SC Code / Title 43 / Chapter 3 / Section 43-3-65
SECTION 43-3-65. Office space and facility service to be supplied for county Department of Social Services.
Status: in_force

The governing authorities of each county shall provide office space and facility service, including janitorial, utility and telephone services, and related supplies, for its county Department of Social Services.
S.C. Code Ann. § 43-26-60 — SC Code / Title 43 / Chapter 26 / Section 43-26-60
SECTION 43-26-60. Articles which may be sold at such facilities.
Status: in_force

A vending facility operated pursuant to this chapter shall be used for the vending of newspapers, periodicals, confections, chewing gum, tobacco products, picture postcards, hot and cold beverages, hot and cold foods, both prepackaged and fresh, any or all of these articles, and such other articles as are approved by the commission and by the property custodian in charge of the property whereon the vending facility is located.
S.C. Code Ann. § 43-5-165 — SC Code / Title 43 / Chapter 5 / Article 1 / Section 43-5-165
SECTION 43-5-165. Investigation, hearing, and decision by state department.
Status: in_force

Upon any appeal under Section 43-5-150 or any review under Section 43-5-160, the state department may make such additional investigation as it may deem necessary and shall make such decision as to the granting of assistance and the amount of assistance to be granted the applicant as in its opinion is justified and in conformity with the provisions of Chapters 1, 3, 5, 7, 9, 19, and 23. As to any action taken by the state department under this section, the state department shall grant the applicant or recipient an opportunity for a fair hearing as provided under Section 43-5-150.
S.C. Code Ann. § 43-7-60 — SC Code / Title 43 / Chapter 7 / Article 1 / Section 43-7-60
SECTION 43-7-60. False claim, statement, or representation by medical provider prohibited; violation is a misdemeanor; penalties.
Status: in_force

(A) For purposes of this section: (1) "provider" includes a person who provides goods, services, or assistance and who is entitled or claims to be entitled to receive reimbursement, payment, or benefits under the state's Medicaid program. "Provider" also includes a person acting as an employee, representative, or agent of the provider. (2) "false claim, statement, or representation" means a claim, statement, or representation made or presented in any form including, but not limited to, a claim, statement, or representation which is computer generated or transmitted or made, produced, or transmitted by an electronic means or device. (B) It is unlawful for a provider of medical assistance, goods, or services to knowingly and wilfully make or cause to be made a false claim, statement, or representation of a material fact: (1) in an application or request, including an electronic or computer generated claim, for a benefit, payment, or reimbursement from a state or federal agency which administers or assists in the administration of the state's medical assistance or Medicaid program; or (2) on a report, certificate, or similar document, including an electronic or computer generated claim, submitted to a state or federal agency which administers or assists in the administration of the state's Medicaid program in order for a provider or facility to qualify or remain qualified under the state's Medicaid program to provide assistance, goods, or services, or receive reimbursement, payment, or benefit for this assistance, goods, or services. For purposes of this subsection, each false claim, representation, or statement constitutes a separate offense. (C) It is unlawful for a provider of medical assistance, goods, or services knowingly and wilfully to conceal or fail to disclose any material fact, event, or transaction which affects the: (1) provider's initial or continued entitlement to payment, reimbursement, or benefits under the state's Medicaid plan; or (2) amount of payment, reimbursement, or benefit to which the provider may be entitled for services, goods, or assistance rendered. For purposes of this subsection, each fact, event, or transaction concealed or not disclosed constitutes a separate offense. (D) A person who violates the provisions of this section is guilty of medical assistance provider fraud, a Class A misdemeanor and, upon conviction, must be imprisoned not more than three years and fined not more than one thousand dollars for each offense. (E) In addition to all other remedies provided by law, the Attorney General may bring an action to recover damages equal to three times the amount of an overstatement or overpayment and the court may impose a civil penalty of two thousand dollars for each false claim, representation, or overstatement made to a state or federal agency which administers funds under the state's Medicaid program. Upon a finding that the provider has violated a provision of this section, the state agency which administers the Medicaid program may impose other administrative sanctions against the provider authorized by law. A civil or criminal action brought under this section may be filed or brought in either the county where the false claim, statement, or representation originated or in the county in which the false claim, statement, or representation was received by the Health and Human Services Finance Commission or other agency of the State responsible for administering the state's Medicaid Program.
S.C. Code Ann. § 43-45-90 — SC Code / Title 43 / Chapter 45 / Section 43-45-90
SECTION 43-45-90. Definitions to be in conformity with federal guidelines.
Status: in_force

The definition of low-income individuals and households must be in accord with the federal poverty guidelines as may be modified by the state administering agency.
S.C. Code Ann. § 43-33-390 — SC Code / Title 43 / Chapter 33 / Article 5 / Section 43-33-390
SECTION 43-33-390. Immunity from civil and criminal liability for persons providing information in good faith.
Status: in_force

Any person providing information to the System or who participates in judicial proceedings resulting therefrom, acting in good faith, shall be immune from civil and criminal liability which might otherwise result by reason of such actions. In all such civil or criminal proceedings good faith shall be rebuttably presumed.
S.C. Code Ann. § 43-35-540 — SC Code / Title 43 / Chapter 35 / Article 5 / Section 43-35-540
SECTION 43-35-540. Access to medical information.
Status: in_force

Upon request of the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division and as necessary to carry out the unit's duties, the unit immediately must be provided: (1) by a provider of medical care, access to information and records regarding a vulnerable adult whose death is being investigated by the unit or reviewed by the committee; (2) access to all information and records maintained by any state, county, or local government agency including, but not limited to, birth certificates, law enforcement investigation data, county coroner or medical examiner investigation data, parole and probation information and records, and information and records of social services and health agencies that provided services to the vulnerable adult or family.
S.C. Code Ann. § 43-7-260 — SC Code / Title 43 / Chapter 7 / Article 3 / Section 43-7-260
SECTION 43-7-260. Appeals.
Status: in_force

Should any person be aggrieved by the order, he may appeal as in other cases brought in the court of common pleas, but such appeal shall not stay the order issued.
S.C. Code Ann. § 43-3-110 — SC Code / Title 43 / Chapter 3 / Section 43-3-110
SECTION 43-3-110. Reports of county directors.
Status: in_force

Each county director shall furnish such reports to the director as the latter shall require, including reports of all receipts and disbursements for assistance, which shall be made in such manner and upon such forms as the director may require. Each county director shall make an annual report of the county department's activities, receipts and disbursements to each member of the county legislative delegation, to the foreman of the county grand jury and to the clerk of court, who shall file such report in his office as a public record. Each county director shall furnish such reports and data as may be required by the state department or the federal government, through its appropriate agency or instrumentality, concerning conditions within its county, the county department's activities and functions and the administration of funds received by the county department.
S.C. Code Ann. § 43-33-70 — SC Code / Title 43 / Chapter 33 / Article 1 / Section 43-33-70
SECTION 43-33-70. Right of blind and other physically disabled persons to equal access to housing accommodations.
Status: in_force

(a) Blind persons, visually handicapped persons, and other physically disabled persons shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in this State, subject to the conditions and limitations established by law and applicable alike to all persons. (b) "Housing accommodations" means any real property, or portion thereof, which is used or occupied or is intended, arranged, or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings, but shall not include any accommodations, included within subsection (a) or any single-family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein. (c) Nothing in this section shall require any person renting, leasing, or providing for compensation real property to modify his property in any way or provide a higher degree of care for a blind person, visually handicapped person, or other physically disabled person than for a person who is not physically disabled. (d) Every handicapped person who has an assistance dog, or who obtains an assistance dog, is entitled to full and equal access to all housing accommodations provided for in this section. Each handicapped person is not required to pay extra compensation for the dog but is liable for any damage done to the premises by the dog.
S.C. Code Ann. § 43-35-250 — SC Code / Title 43 / Chapter 35 / Article 2 / Section 43-35-250
SECTION 43-35-250. Charge of guardian ad litem; petition for removal.
Status: in_force

(A) A guardian ad litem is charged in general with representing the vulnerable adult's best interests. After appointment by the family court in a case involving an abused, neglected, or exploited vulnerable adult, the parties to the action and the court shall notify the guardian ad litem of all court hearings and proceedings. The obligation of the guardian ad litem to the court is a continuing obligation and continues until formally relieved by the court. (B) The Vulnerable Adult Guardian ad Litem Program may intervene in a vulnerable adult abuse, neglect, or exploitation proceeding in order to petition the court to relieve the guardian ad litem from appointment for the following reasons: (1) incapacity; (2) conflict of interest; (3) misconduct; (4) persistent neglect of duties; (5) incompetence; or (6) knowing and wilful violation of the Vulnerable Adult Guardian ad Litem Program policies and procedures that affect the health, safety, or welfare of the vulnerable adult. (C) The court shall determine what is in the best interest of the vulnerable adult when ruling on a petition for removal of the guardian ad litem.
S.C. Code Ann. § 43-35-340 — SC Code / Title 43 / Chapter 35 / Article 3 / Section 43-35-340
SECTION 43-35-340. Officers; terms of office; quorum.
Status: in_force

The chair of the council must be elected by a majority of the council membership for one two-year term. Other officers may be elected as needed in the same manner as the chair. A majority of the membership of the council constitutes a quorum for official business to be conducted.
S.C. Code Ann. § 43-35-87 — SC Code / Title 43 / Chapter 35 / Article 1 / Section 43-35-87
SECTION 43-35-87. Financial exploitation; financial institution authority to decline transaction requests.
Status: in_force

(A) For the purposes of this section, "financial institution" means any bank, credit union, wealth management institution, or other financial services company. This section excludes a "broker-dealer" as defined in Section 35-1-102(4) and an "investment adviser" as defined in Section 35-1-102(15). (B) If a financial institution reasonably believes that the financial exploitation of a vulnerable adult has occurred or may occur, then the financial institution may, but is not required to, decline or place on hold any transaction involving: (1) the account of the vulnerable adult; (2) an account in which the vulnerable adult is a beneficiary, including a trust or guardianship account; or (3) the account of a person who is suspected of engaging in the financial exploitation of the vulnerable adult. (C) A financial institution may also decline or place on hold any transaction pursuant to this section if an investigative entity or law enforcement agency provides information to the financial institution demonstrating that it is reasonable to believe that the financial exploitation of a vulnerable adult has occurred or may occur. (D) A financial institution is not required to decline or place on hold a transaction pursuant to this section. Such a decision is in the financial institution's discretion, based on the information available to the financial institution. (E)(1) Any financial institution that declines or places on hold a transaction pursuant to this section shall: (a) make a reasonable effort to provide notice, orally or in writing, to all parties authorized to transact business on the account from which the transfer or disbursement was declined or placed on hold; and (b) report the incident to the appropriate investigative entity in accordance with Section 43-35-25. (2) Notwithstanding the provisions of this subsection, a financial institution has no duty to notify any party that is suspected of financial exploitation pursuant to this section. (F) Any decline or hold of a disbursement or transaction as authorized by this section will expire upon the sooner of: (1) a determination by the financial institution that allowing the transaction will not result in the financial exploitation of a vulnerable adult; (2) thirty business days after the date on which the financial institution first declined or placed on hold the transaction, unless an appropriate investigative entity as set forth in Section 43-35-10(5) requests that the financial institution extend the delay, in which case the delay shall expire no more than fifty-five business days after the date on which the financial institution first declined or placed on hold the transaction; or (3) the order of a court of competent jurisdiction. (G) A financial institution may provide access to or copies of records relevant to the suspected financial exploitation of a vulnerable adult to law enforcement agencies or investigative entities responsible for administering the provisions of this article. Such records may include relevant historical records and recent transactions relating to suspected financial exploitation. (H) If the determinations and actions of a financial institution or an employee of a financial institution are made in good faith and in accordance with the provisions of this section, then the financial institution or employee shall be immune from criminal, civil, or administrative liability for declining transactions to disburse monies pursuant to this section, and for taking actions in furtherance of a determination, including making a report or providing access to or copies of relevant records to an investigative entity or law enforcement agency. Nothing in this section is intended to nor does it limit or shield in any manner a financial institution from civil liability against any claim, including reasonable attorneys' fees, costs, and litigation expenses, for participating in or materially aiding the financial exploitation of a vulnerable adult. Any such claims shall be asserted by the vulnerable adult, or on his behalf by an appropriate guardian or representative who is not involved in or otherwise suspected of participating in the financial exploitation of the vulnerable adult, by filing a civil action in circuit court.
S.C. Code Ann. § 43-5-1225 — SC Code / Title 43 / Chapter 5 / Article 9 / Section 43-5-1225
SECTION 43-5-1225. Outreach and information programs.
Status: in_force

In order to assure that all families working toward self sufficiency have access to all potential supportive services that will help ensure their success, the department, within existing revenues, may develop outreach and information programs which provide information and assistance on support services available to low income families including, but not limited to, information on earned income tax credits and medicaid eligibility.