S.C. Code Ann. § 63-15-338 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-338
SECTION 63-15-338. Notice; obligation to join party and right to intervene.
Status: in_force

(A) Before a child custody determination is made under this article, notice and an opportunity to be heard in accordance with the standards of Section 63-15-314 must be given to all persons entitled to notice under the law of this State as in child custody proceedings between residents of this State, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child. (B) This article does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard. (C) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this article are governed by the law of this State as in child custody proceedings between residents of this State.
S.C. Code Ann. § 63-9-2280 — SC Code / Title 63 / Chapter 9 / Article 11 / Section 63-9-2280
SECTION 63-9-2280. "Executive head" defined.
Status: in_force

As used in Subsection 7 of the Interstate Compact on the Placement of Children, "executive head" means the Governor. The Governor is authorized to designate the Department of Social Services as the compact administrator in accordance with the terms of Subsection 7.
S.C. Code Ann. § 63-17-770 — SC Code / Title 63 / Chapter 17 / Article 5 / Section 63-17-770
SECTION 63-17-770. Order of financial responsibility; procedures.
Status: in_force

(A) A copy of an order of financial responsibility or a consent order issued by the division must be sent by the division by first class mail to the obligor or the obligor's attorney of record and to the custodial parent. (B) A consent order and an order of default shall continue notwithstanding the fact that the child is no longer receiving benefits for aid to families with dependent children, unless the child is emancipated or is otherwise no longer entitled to support as otherwise determined by law. An order of financial responsibility or order of default shall continue until modified by an administrative order or court order or by emancipation of the child. (C) Nothing contained in this article deprives a court of competent jurisdiction from determining the duty of support of an obligor against whom an order is issued pursuant to this article. A determination by the court supersedes the administrative order as to support payments due subsequent to the entry of the order by the court but must not modify any arrearage which may have accrued under the administrative order.
S.C. Code Ann. § 63-17-3915 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3915
SECTION 63-17-3915. Applicability of part.
Status: in_force

This part applies only to a support proceeding under the convention. In such a proceeding, if a provision of this part is inconsistent with Parts I through VI, this part controls.
S.C. Code Ann. § 63-19-1820 — SC Code / Title 63 / Chapter 19 / Article 17 / Section 63-19-1820
SECTION 63-19-1820. Board of Juvenile Parole; review and appearance procedures.
Status: in_force

(A)(1) The Board of Juvenile Parole shall meet monthly and at other times as may be necessary to review the records and progress of juveniles committed to the custody of the Department of Juvenile Justice for the purpose of deciding the release or revocation of release of these juveniles. The board shall make periodic inspections, at least quarterly, of the records of these juveniles and may issue temporary and final discharges or release these juveniles conditionally and prescribe conditions for release into aftercare. Before a juvenile is conditionally released, the juvenile must agree in writing to be subject to search or seizure, without a search warrant, with or without cause, of the juvenile's person, any vehicle the juvenile owns or is driving, and any of the juvenile's possessions by: (a) the juvenile's aftercare counselor; (b) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (c) any other law enforcement officer. A juvenile may not be conditionally released by the parole board if he fails to comply with this provision. However, a juvenile who was adjudicated delinquent of a Class C misdemeanor or an unclassified misdemeanor that carries a term of imprisonment of not more than one year may not be required to agree to be subject to search or seizure, without a search warrant, with or without cause, of the juvenile's person, any vehicle the juvenile owns or is driving, or any of the juvenile's possessions. Immediately before each search or seizure conducted pursuant to this item, the law enforcement officer seeking to conduct the search or seizure must verify with the Department of Probation, Parole and Pardon Services or by any other means available to the officer that the individual upon whom the search or seizure will be conducted is currently on parole or probation or that the individual is currently subject to the provisions of his conditional release. A law enforcement officer conducting a search or seizure without a warrant pursuant to this item shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant must be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation. If the law enforcement officer fails to report each search or seizure pursuant to this item, he is subject to discipline pursuant to the employing agency's policies and procedures. (2)(a) It is the right of a juvenile who has not committed a violent offense, as defined by Section 16-1-60, and for whom the board is the releasing entity, to appear personally before the board every three months for the purpose of parole consideration, but no appearance may begin until the board determines that an appropriate period of time has elapsed since the juvenile's commitment. (b) The board may waive the quarterly review of juveniles committed to the department, for whom the board is the releasing entity, for the commission of a violent crime, as defined in Section 16-1-60, until the juvenile reaches the minimum parole guidelines the board establishes for the juvenile. At that point, the board may schedule its first review of the juvenile from three months up to twelve months after the juvenile reaches the minimum parole guidelines established by the board. The scheduling of subsequent reviews is in the discretion of the board but must occur within three to twelve months of the juvenile's last appearance. (3) In order to allow reviews and appearances by juveniles, for whom the board is the releasing entity, the board may assign the members or individuals to meet in panels of not less than three members or individuals, to receive progress reports and recommendations, review cases, meet with juveniles, meet with counselors, and to hear matters and consider cases for release, parole, and parole revocation. Membership on these panels must be periodically rotated on a random basis. At the meetings of the panels, a unanimous vote must be considered the final decision. A panel vote that is not unanimous must not be considered as a final decision, and the matter must be referred to the full parole board, which shall determine the matter by a majority vote of its membership. (4) The board may conduct parole hearings by means of a two-way, closed circuit television system. (5) The board shall develop written guidelines for the consideration of parole release of juveniles committed to the department for offenses for which the parole board is the releasing entity. The board shall provide these guidelines to juveniles, for whom the board is the releasing entity, upon commitment and periodically reviewed with each juvenile to assess the progress made toward achieving release on parole. (B) In the cases of juveniles for whom the department is the releasing entity, the department shall establish policies and procedures governing the review and release procedures for these juveniles. (C) In the determination of the type of discharges or conditional releases granted, the releasing entity shall consider the interests of the person involved and the interests of society and shall employ the services of and consult with the personnel of the Department of Juvenile Justice. The releasing entity may from time to time modify the conditions of discharges or conditional releases previously granted. Editor's Note 2010 Act No. 151, SECTIONS 2 and 16, provide: "SECTION 2. It is the intent of the General Assembly of South Carolina to provide law enforcement officers with the statutory authority to reduce recidivism rates of probationers and parolees, apprehend criminals, and protect potential victims from criminal enterprises." "SECTION 16. In any instance in which a law enforcement officer has failed to make the reports necessary to the State Law Enforcement Division for warrantless searches, then in the absence of a written policy by the employing agency enforcing the reporting requirements, the otherwise applicable state-imposed, one-day suspension without pay applies." Effect of Amendment The 2010 amendment in subsection (A)(1) added the text following the second sentence.
S.C. Code Ann. § 63-19-460 — SC Code / Title 63 / Chapter 19 / Article 3 / Section 63-19-460
SECTION 63-19-460. Voluntary participation in program.
Status: in_force

(A) A juvenile may participate in the Youth Industries Program established pursuant to Section 63-19-450 only on a voluntary basis and only after the juvenile has been informed of the conditions of the employment. (B) A juvenile participating in the Youth Industries Program: (1) providing services to private industry must be compensated commensurate with the prevailing wage for work of a similar nature in the private sector; (2) is not considered an employee of the State and is not eligible for unemployment compensation upon termination from the program; however, a juvenile is entitled to all other work benefits, including worker's compensation or its equivalent. (C) The wages of a juvenile authorized to work in the Youth Industries Program, if paid other than by the department, must be paid directly to the Department of Juvenile Justice and credited to the juvenile's account. If the wages are paid by an entity other than the department, these wages must be paid directly to the department, and the department shall credit the wages to the juvenile's account. The director must deduct from wages paid to a juvenile: (1) state, federal, and local taxes; (2) allocations for support of children pursuant to law, court order, or agreement by the committed juvenile; and (3) contributions to any fund established by law to compensate the victims of crime of not more than twenty percent and not less than five percent of gross wages. These deductions may not exceed eighty percent of gross wages. (D) Juvenile participation in the Youth Industries Program must not result in the displacement of employed workers in the State and must not impair existing contracts.
S.C. Code Ann. § 63-9-1310 — SC Code / Title 63 / Chapter 9 / Article 3 / Section 63-9-1310
SECTION 63-9-1310. Declaration of purpose.
Status: in_force

It is the purpose of this article to achieve the objective of the best interests of the child, as the primary client. Adoption programs must be structured so that all questions of interpretation are resolved with that objective in mind. To achieve this objective, adoption services must be delivered in the most effective and cost-efficient manner with assurances for the provision of quality services.
S.C. Code Ann. § 63-7-1710 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1710
SECTION 63-7-1710. Standards for terminating parental rights.
Status: in_force

(A) When a child is in the custody of the department, the department shall file a petition to terminate parental rights or shall join as party in a termination petition filed by another party or may amend or supplement a petition for removal or a complaint for removal to include an action for termination of parental rights if: (1) a child has been in foster care under the responsibility of the State for fifteen of the most recent twenty-two months; (2) a court of competent jurisdiction has determined the child to be an abandoned infant; (3) a court of competent jurisdiction has determined that the parent has committed murder, voluntary manslaughter, or homicide by child abuse of another child of the parent; (4) a court of competent jurisdiction has determined that the parent has aided, abetted, conspired, or solicited to commit murder, voluntary manslaughter, or homicide by child abuse of another child of the parent; (5) a court of competent jurisdiction has determined that the parent has committed a felony assault that has resulted in serious bodily injury to the child or to another child of the parent; or (6) a court of competent jurisdiction has found the parent to be in wilful contempt on two occasions over a twelve-month period for failure to comply with the terms of the treatment plan or placement plan established pursuant to subarticle 11. (B) Concurrently with filing of the petition, the department shall seek to identify, recruit, process, and approve a qualified family for adoption of the child if an adoptive family has not yet been selected and approved. (C) This section does not apply: (1) to a child for whom the family court has found that initiation of termination of parental rights is not in the best interests of the child, after applying the criteria of Section 63-7-1700(C), (D), (F), or (G) and entering the findings required to select a permanent plan for the child from Section 63-7-1700(C), (D), (F), or (G). For this exemption to apply, the court must find that there are compelling reasons for selection of a permanent plan other than termination of parental rights; (2) if the family court finds that the department has not afforded services to the parents provided for in the treatment plan approved pursuant to Section 63-7-1680 in a manner that was consistent with the time periods in the plan or that court hearings have been delayed in such a way as to interfere with the initiation, delivery, or completion of services, but only if: (a) the parent did not delay the court proceedings without cause or delay or refuse the services; (b) successful completion of the services in question may allow the child to be returned as provided for in Section 63-7-1700(F) within the extension period; and (c) the case is not one for which the court has made a determination that reasonable efforts to preserve or reunify the family are not necessary pursuant to Section 63-7-1640. Effect of Amendment 2014 Act No. 281, SECTION 6, in subsections (A)(3), (A)(4), substituted "murder, voluntary manslaughter, or homicide by child abuse of" for "murder of another child of the parent or has committed voluntary manslaughter or"; and added subsection (A)(6), relating to contempt. 2023 Act No. 80, SECTION 2, in (A), inserted "or may amend or supplement a petition for removal or a complaint for removal to include an action for termination of parental rights".
S.C. Code Ann. § 63-7-1680 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1680
SECTION 63-7-1680. Approval or amendment of plan.
Status: in_force

(A) If the court orders that a child be removed from the custody of the parent or guardian, the court must approve a placement plan. A plan must be presented to the court for its approval at the removal hearing or within ten days after the removal hearing. If the plan is presented subsequent to the removal hearing, the court shall hold a hearing on the plan if requested by a party. The plan must be a written document prepared by the department. To the extent possible, the plan must be prepared with the participation of the parents or guardian of the child, the child, and any other agency or individual that will be required to provide services in order to implement the plan. (B) The first section of the plan shall set forth the changes that must occur in the home and family situation before the child can be returned. These changes must be reasonably related to the reasons justifying removal of the child from the custody of the parents or guardian. This section of the plan must contain a notice to the parents or guardian that failure to make the indicated changes within six months may result in termination of parental rights. (C) The second section of the plan shall set forth: (1) specific actions to be taken by the parents or guardian of the child; and (2) social or other services to be provided or made available to the parent or guardian of the child. This section of the plan must include time frames for commencement or completion of specific actions or services. This section must contain a notice to the parents or guardian that completion of the indicated actions will not result in return of the child unless the changes set forth in section one of the plan have occurred. (D) The third section of the plan shall set forth rights and obligations of the parents or guardian while the child is in custody including, but not limited to: (1) the responsibility of the parents or guardian for financial support of the child during the placement; and (2) the visitation rights and obligations of the parents or guardian during the placement. The department may move before the family court for termination or suspension of visits between the parent or guardian and the child. The family court may order termination or suspension of the visits if ongoing contact between the parent or guardian and the child would be contrary to the best interests of the child. This section of the plan must include a notice to the parents or guardian that failure to support or visit the child as provided in the plan may result in termination of parental rights. (E) The fourth section of the plan must address matters relating to the placement of the child including, but not limited to, the following: (1) the nature and location of the placement of the child, unless there are compelling reasons for concluding that disclosure of the location of the placement to the parents, guardian, or other person would be contrary to the best interests of the child. The placement must be as close to the child's home as is reasonably possible, unless there are compelling reasons for concluding that placement at a greater distance is necessary to promote the child's well-being. In the absence of good cause to the contrary, preference must be given to placement with a relative or other person who is known to the child and who has a constructive and caring relationship with the child; (2) visitation or other contact with siblings, other relatives, and other persons important to the child. The plan shall provide for as much contact between the child and these persons as is reasonably possible and consistent with the best interests of the child; (3) social and other supportive services to be provided to the child and the foster parents, including counseling or other services to assist the child in dealing with the effects of separation from the child's home and family; and (4) the minimum number and frequency of contacts that a caseworker with the department will have with the child, which must be based on the particular needs and circumstances of the individual child but which must not be less than once a month for a child placed in this State. (F) The court shall approve the plan only if it finds that: (1) the plan is consistent with the court's order placing the child in the custody of the department; (2) the plan is consistent with the requirements for the content of a placement plan set forth in subsections (B) through (E); (3) if the parents or guardian of the child did not participate in the development of the plan, that the department made reasonable efforts to secure their participation; and (4) the plan is meaningful and designed to address facts and circumstances upon which the court based the order of removal. If the court determines that any of these criteria are not satisfied, the court shall require that necessary amendments to the plan be submitted to the court within a specified time but no later than seven days. A hearing on the amended plan must be held if requested by a party. (G) The court shall include in its order and shall advise defendants on the record that failure to remedy the conditions that caused the removal within six months, may result in termination of parental rights, subject to notice and a hearing as provided in Article 7. Before the court orders return of the child, the court must find that the changes in the home and family situation specified in section one of the plan have occurred and that the child can be safely returned to the home. Completion of the tasks specified in section two of the plan is not in itself sufficient basis for return of the child. (H) The department immediately shall give a copy of the plan to the parents or guardian of the child, and any other parties identified by the court, including the child if the court considers it appropriate. If a copy of the plan is not given to the child, the department shall provide the child with age-appropriate information concerning the substance of the plan unless the court finds that disclosure of any part of the plan to the child would be inconsistent with the child's best interests. A copy of any part of the plan that directly pertains to the foster family or the foster child must be provided to the foster parents. (I) The plan may be amended at any time if all parties agree to the revisions, and the revisions are approved by the court. The amended plan must be submitted to the court with a written explanation for the proposed change. The plan also may be amended by the court upon motion of a party after a hearing based on evidence demonstrating the need for the amendment. A copy of the amended plan immediately must be given to the parties specified in subsection (H). (J) Any objections to the sufficiency of a plan or the process by which a plan was developed must be made at the hearing on the plan. Failure to request a hearing or to enter an objection at the hearing constitutes a waiver of the objection. The sufficiency of the plan or of the process for developing the plan may not be raised as an issue in a proceeding for termination of parental rights under Article 7. (K) Upon petition of a party in interest, the court may order the state or county director or other authorized representative of the department to show cause why the agency should not be required to provide services in accordance with the plan. The provisions of the plan must be incorporated as part of a court order issued pursuant to this section. A person who fails to comply with an order may be held in contempt and subject to appropriate sanctions imposed by the court. Effect of Amendment The 2010 amendment rewrote this section. 2014 Act No. 281, SECTION 4, in the undesignated paragraph under subsection (D), added the first two sentences, relating to termination or suspension of visits.
S.C. Code Ann. § 63-7-20 — SC Code / Title 63 / Chapter 7 / Article 1 / Section 63-7-20
SECTION 63-7-20. Definitions.
Status: in_force

When used in this chapter or Chapter 9 or 11 and unless the specific context indicates otherwise: (1) "Abandonment of a child" means a parent or guardian wilfully deserts a child or wilfully surrenders physical possession of a child without making adequate arrangements for the child's needs or the continuing care of the child. (2) "Affirmative determination" means a finding by a preponderance of evidence that the child was abused or neglected by the person who is alleged or determined to have abused or neglected the child and who is mentioned by name in a report or finding. This finding may be made only by: (a) the court; (b) the Department of Social Services upon a final agency decision in its appeals process; or (c) waiver by the subject of the report of his right to appeal. If an affirmative determination is made by the court after an affirmative determination is made by the Department of Social Services, the court's finding must be the affirmative determination. (3) "Age or developmentally appropriate" means: (a) activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; (b) in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child; and (c) activities that include, but are not be limited to, the following: (i) sports; (ii) field trips; (iii) extracurricular activities; (iv) social activities; (v) after school programs or functions; (vi) vacations with caregiver lasting up to two weeks; (vii) overnight activities away from caregiver lasting up to one week; (viii) employment opportunities; and (ix) in-state or out-of-state travel, excluding overseas travel; (d) activities that do not conflict with any pending matters before the court, an existing court order, or the child's scheduled appointments for evaluations or treatment. (4) "Caregiver" means a foster parent, kinship foster parent, or employee of a group home who is designated to make decisions regarding age or developmentally appropriate activities or experiences on behalf of a child in the custody of the department. (5) "Child" means a person under the age of eighteen. (6) "Child abuse or neglect" or "harm" occurs when: (a) the parent, guardian, or other person responsible for the child's welfare: (i) inflicts or allows to be inflicted upon the child physical or mental injury or engages in acts or omissions which present a substantial risk of physical or mental injury to the child, including injuries sustained as a result of excessive corporal punishment, but excluding corporal punishment or physical discipline which: (A) is administered by a parent or person in loco parentis; (B) is perpetrated for the sole purpose of restraining or correcting the child; (C) is reasonable in manner and moderate in degree; (D) has not brought about permanent or lasting damage to the child; and (E) is not reckless or grossly negligent behavior by the parents; (ii) commits or allows to be committed against the child a sexual offense as defined by the laws of this State or engages in acts or omissions that present a substantial risk that a sexual offense as defined in the laws of this State would be committed against the child; (iii) fails to supply the child with adequate food, clothing, shelter, or education as required under Article 1 of Chapter 65 of Title 59, supervision appropriate to the child's age and development, or health care though financially able to do so or offered financial or other reasonable means to do so and the failure to do so has caused or presents a substantial risk of causing physical or mental injury. However, a child's absences from school may not be considered abuse or neglect unless the school has made efforts to bring about the child's attendance, and those efforts were unsuccessful because of the parents' refusal to cooperate. For the purpose of this chapter "adequate health care" includes any medical or nonmedical remedial health care permitted or authorized under state law; (iv) abandons the child; (v) encourages, condones, or approves the commission of delinquent acts by the child including, but not limited to, sexual trafficking or exploitation, and the commission of the acts are shown to be the result of the encouragement, condonation, or approval; (vi) commits or allows to be committed against the child female genital mutilation as defined in Section 16-3-2210 or engages in acts or omissions that present a substantial risk that the crime of female genital mutilation would be committed against the child; or (vii) has committed abuse or neglect as described in subsubitems (i) through (vi) such that a child who subsequently becomes part of the person's household is at substantial risk of one of those forms of abuse or neglect; or (b) a child is a victim of trafficking in persons as defined in Section 16-3-2010, including sex trafficking, regardless of whether the perpetrator is a parent, guardian, or other person responsible for the child's welfare. Identifying a child as a victim of trafficking in persons does not create a presumption that the parent, guardian, or other individual responsible for the child's welfare abused, neglected, or harmed the child. (7) "Childcare institution" means a private childcare institution, or a public childcare institution which accommodates no more than twenty-five children, that is licensed by the department. "Childcare institution" does not include wilderness camps or training schools, nor does it include any facility that exists primarily for the detention or correction of children. (8) "Child protective investigation" means an inquiry conducted by the department in response to a report of child abuse or neglect made pursuant to this chapter. (9) "Child protective services" means assistance provided by the department as a result of indicated reports or affirmative determinations of child abuse or neglect, including assistance ordered by the family court or consented to by the family. The objectives of child protective services are to: (a) protect the child's safety and welfare; and (b) maintain the child within the family unless the safety of the child requires placement outside the home. (10) "Court" means the family court. (11) "Department" means the Department of Social Services. (12)(a) "Emergency protective custody" means the right to physical custody of a child for a temporary period of no more than twenty-four hours to protect the child from imminent danger. (b) Emergency protective custody may be taken only by a law enforcement officer pursuant to this chapter. (13) "Legal Guardianship" means: (a) a judicially established relationship between a child and caretaker that is intended to be permanent and self-sustaining and transfers to the caretaker the following parental rights and responsibilities with respect to the child: (i) the duty to provide protection, support, food, clothing, shelter, supervision, education, and care; (ii) physical custody of the child; (iii) legal custody when family court has not awarded legal custody to another person, agency, or institution; (iv) the right to consent to marriage, enlistment in the armed forces, and medical and surgical treatment; (v) the duty and authority to represent the child in legal actions and to make decisions of substantial legal significance affecting the child; (vi) the right to determine the nature and extent of the child's contact with other persons; and (vii) the right to manage the child's income and assets. (b) Unless the court so orders, legal guardianship does not terminate the parent-child relationship, including the right of the child to inherit from his parent, the parent's right to consent to the child's adoption, and the parent's obligation to provide financial, medical, or other support for the child as the court may order. (14) "Indicated report" means a report of child abuse or neglect supported by facts which warrant a finding by a preponderance of evidence that abuse or neglect is more likely than not to have occurred. (15) "Institutional child abuse and neglect" means situations of known or suspected child abuse or neglect where the person responsible for the child's welfare is the employee of a public or private residential home, institution, or agency. (16) "Legal custody" means the right to the physical custody, care, and control of a child; the right to determine where the child shall live; the right and duty to provide protection, food, clothing, shelter, ordinary medical care, education, supervision, and discipline for a child and in an emergency to authorize surgery or other extraordinary care. The court may in its order place other rights and duties with the legal custodian. Unless otherwise provided by court order, the parent or guardian retains the right to make decisions of substantial legal significance affecting the child, including consent to a marriage, enlistment in the armed forces, and major nonemergency medical and surgical treatment, the obligation to provide financial support or other funds for the care of the child, and other residual rights or obligations as may be provided by order of the court. (17) "Mental injury" means an injury to the intellectual, emotional, or psychological capacity or functioning of a child as evidenced by a discernible and substantial impairment of the child's ability to function when the existence of that impairment is supported by the opinion of a mental health professional or medical professional. (18) "Party in interest" includes the child, the child's attorney and guardian ad litem, the natural parent, an individual with physical or legal custody of the child, the foster parent, and the local foster care review board. (19) "Person responsible for a child's welfare" includes the child's parent, guardian, foster parent, an operator, employee, or caregiver, as defined by Section 63-13-20, of a public or private residential home, institution, agency, or childcare facility or an adult who has assumed the role or responsibility of a parent or guardian for the child, but who does not necessarily have legal custody of the child. A person whose only role is as a caregiver and whose contact is only incidental with a child, such as a babysitter or a person who has only incidental contact but may not be a caretaker, has not assumed the role or responsibility of a parent or guardian. An investigation pursuant to Section 63-7-920 must be initiated when the information contained in a report otherwise sufficient under this section does not establish whether the person has assumed the role or responsibility of a parent or guardian for the child. (20) "Physical custody" means the lawful, actual possession and control of a child. (21) "Physical injury" means death or permanent or temporary disfigurement or impairment of any bodily organ or function. (22) "Preponderance of evidence" means evidence which, when fairly considered, is more convincing as to its truth than the evidence in opposition. (23) "Probable cause" means facts and circumstances based upon accurate and reliable information, including hearsay, that would justify a reasonable person to believe that a child subject to a report under this chapter is abused or neglected. (24) "Protective services unit" means the unit established within the Department of Social Services which has prime responsibility for state efforts to strengthen and improve the prevention, identification, and treatment of child abuse and neglect. (25) "Qualified individual" means a trained professional or licensed clinician. A "qualified individual" may be an employee of the department or affiliated with the placement setting, but the individual must maintain objectivity in determining the appropriate placement for the child. (26) "Qualified residential treatment program" means a childcare institution that: (a) has a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of children with serious emotional or behavioral disorders or disturbances and, with respect to a child, is able to implement the treatment identified for the child by the assessment of the child required pursuant to Section 63-7-1730; (b) has registered or licensed nursing staff and other licensed clinical staff who: (i) provide care within the scope of their practice as defined by state law; (ii) are on-site according to the treatment model referred to in subitem (a); and (iii) are available twenty-four hours a day and seven days a week; (c) to the extent appropriate, and in accordance with the child's best interests, facilitates participation of family members in the child's treatment program; (d) facilitates outreach to the family members of the child, including siblings; documents how the outreach is made, including contact information; and maintains contact information for any known biological family and fictive kin of the child; (e) documents how family members are integrated into the treatment process for the child, including postdischarge, and how sibling connections are maintained; (f) provides discharge planning and family-based aftercare support for at least six months postdischarge; and (g) is licensed by the department and is accredited by any of the following independent, not-for-profit organizations: (i) Commission on Accreditation of Rehabilitation Facilities (CARF); (ii) Joint Commission on Accreditation of Health Care Organizations (JCAHO); (iii) Council on Accreditation (COA); (iv) Teaching Family Association; (v) Educational Assessment Guidelines Leading Toward Excellence (EAGLE); or (vi) another organization approved by the department. (27) "Reasonable and prudent parent standard" means the standard of care characterized by careful and sensible parental decisions that maintain the health, safety, and best interest of a child while at the same time encouraging the growth and development of the child, that a caregiver shall use when determining whether to allow a child in foster care to participate in age or developmentally appropriate activities. (28) "Subject of the report" means a person who is alleged or determined to have abused or neglected the child, who is mentioned by name in a report or finding. (29) "Suspected report" means all initial reports of child abuse or neglect received pursuant to this chapter. (30) "Unfounded report" means a report made pursuant to this chapter for which there is not a preponderance of evidence to believe that the child is abused or neglected. For the purposes of this chapter, it is presumed that all reports are unfounded unless the department determines otherwise. (31) "Near fatality" means an act of abuse or neglect that, as certified by a physician, places a child in serious or critical condition. (32) "Legal Guardian" means a person appointed by the court through the judicial establishment of a legal guardianship to become the caretaker of a child. Effect of Amendment 2016 Act No. 238, SECTION 1, added (3), (4), and (24), definitions for "age or developmentally appropriate", "caregiver", and "reasonable and prudent parent standard"; redesignated the paragraph designators accordingly; and in (6)(e), inserted "including, but not limited to, sexual trafficking or exploitation,". 2018 Act No. 146, SECTION 7, in (6), inserted a semicolon and the (a) designator following "occurs when" in the introductory paragraph, redesignated (a) to (f) as (i) to (vi) and (i) to (v) as (A) to (E), added (b), and made nonsubstantive changes. 2019 Act No. 71, SECTION 2, in (6)(a), in (v), made a nonsubstantive change, inserted (vi), adding female genital mutilation of a minor to the definition of "Child abuse or neglect" or "harm"; and redesignated former (vi) as (vii). 2021 Act No. 24, SECTION 1, inserted (7), relating to the definition of "childcare institution" and redesignated former (7) to (23) as (8) to (24); and inserted (25) and (26), relating to the definitions of "qualified individual" and "qualified residential treatment program", respectively, and redesignated former (24) to (27) as (27) to (30). 2022 Act No. 224, SECTION 3, added (31), relating to the definition of "near fatality". 2023 Act No. 25, SECTION 1, in (12), inserted the (a) and (b) designators; and rewrote (13). 2023 Act No. 25, SECTION 2, added (32), relating to the definition of "Legal Guardian".
S.C. Code Ann. § 63-7-1920 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1920
SECTION 63-7-1920. Department to maintain Central Registry.
Status: in_force

(A) The Department of Social Services must maintain a Central Registry of Child Abuse and Neglect within the department's child protective services unit in accordance with this subarticle and Subarticles 5 and 7 and Section 17-25-135. Perpetrators of child abuse and neglect must be entered in the registry only by order of a court as provided for in this subarticle and Section 17-25-135, or as provided for in Section 63-7-1230. Each entry in the registry must be accompanied by information further identifying the person including, but not limited to, the person's date of birth, address, and any other identifying characteristics, and describing the abuse or neglect committed by the person. (B) The Central Registry of Child Abuse and Neglect must not contain information from reports classified as unfounded. Other department records and databases must treat unfounded cases as provided for in Section 63-7-930.
S.C. Code Ann. § 63-11-1510 — SC Code / Title 63 / Chapter 11 / Article 15 / Section 63-11-1510
SECTION 63-11-1510. System established.
Status: in_force

There is established the Interagency System for Caring for Emotionally Disturbed Children, an integrated system of care to be developed by the Continuum of Care for Emotionally Disturbed Children in the Department of Children's Advocacy, the Office of Intellectual and Developmental Disabilities, the Department of Health and Human Services, the Office of Mental Health, and the Department of Social Services to be implemented by November 1, 1994. The goal of the system is to implement South Carolina's Families First Policy and to support children in a manner that enables them to function in a community setting. The system shall provide assessment and evaluation procedures to insure a proper service plan and placement for each child. This system must have as a key component the clear identification of the agency accountable for monitoring on a regular basis each child's care plan and procedures to evaluate and certify the programs offered by providers. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Editor's Note 2018 Act No. 160, SECTIONS 18.A and 18.B, provide as follows: "SECTION 18. A. Where the provisions of this act transfer duties, programs, or services of the Department of Administration to the Department of Children's Advocacy, the employees, authorized appropriations, and assets and liabilities of these divisions, services, and programs also are transferred to and become part of the Department of Children's Advocacy. All classified or unclassified personnel employed by the divisions, programs, services, or initiatives transferred from the Department of Administration, either by contract or by employment at will, become on July 1, 2019, employees of the Department of Children's Advocacy, with the same compensation, classification, and grade level, as applicable. Before the transfer of the applicable divisions, programs, services, or initiatives of the Department of Administration pursuant to this act, these agencies and organizations shall cause all necessary actions to be taken to accomplish this transfer in accordance with state and federal laws and regulations." "B. Applicable regulations promulgated by the Department of Administration are continued and are considered to be promulgated by the Department of Children's Advocacy. Applicable contracts entered into by the Department of Administration are continued and are considered to be devolved upon the Department of Children's Advocacy at the time of the transfer." Effect of Amendment 2014 Act No. 121, SECTION 7.MM.5, substituted "in the Department of Administration" for "of the Governor's Office" in the first sentence. 2018 Act No. 160, SECTION 9, in the first sentence, substituted "Department of Children's Advocacy" for "Department of Administration" and "Department of Health and Human Services" for "State Health and Human Services Finance Commission".
S.C. Code Ann. § 63-15-534 — SC Code / Title 63 / Chapter 15 / Article 5 / Section 63-15-534
SECTION 63-15-534. Grant of limited contact.
Status: in_force

On motion of a deploying parent and in accordance with the law of this State, other than this article, a court shall grant limited contact with a child to a nonparent who is either a family member of the child or an individual with whom the child has a close and substantial relationship, unless the court finds that the contact would be contrary to the best interest of the child.
S.C. Code Ann. § 63-15-382 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-382
SECTION 63-15-382. Assessment of assistance costs.
Status: in_force

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor and law enforcement officers under Section 63-15-378 or 63-15-380.
S.C. Code Ann. § 63-15-392 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-392
SECTION 63-15-392. Severability.
Status: in_force

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
S.C. Code Ann. § 63-7-1950 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1950
SECTION 63-7-1950. Updated records requested.
Status: in_force

In cases where a person has been placed in the Central Registry of Child Abuse and Neglect, the outcome of any further proceedings must be entered immediately by the department into the Central Registry of Child Abuse and Neglect. If it is determined that a report is unfounded, the department must immediately purge information identifying that person as a perpetrator from the registry and from department records as provided in Sections 63-7-1920 and 63-7-1960.
S.C. Code Ann. § 63-7-360 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-360
SECTION 63-7-360. Mandatory reporting to coroner.
Status: in_force

A person required under Section 63-7-310 to report cases of suspected child abuse or neglect, including workers of the department, who has reason to believe a child has died as the result of child abuse or neglect, shall report this information to the appropriate medical examiner or coroner. Any other person who has reason to believe that a child has died as a result of child abuse or neglect may report this information to the appropriate medical examiner or coroner. The medical examiner or coroner shall accept the report for investigation and shall report his findings to the appropriate law enforcement agency, the circuit solicitor's office, the county department of social services, the Department of Children's Advocacy, and, if the institution making a report is a hospital, the hospital. Effect of Amendment 2018 Act No. 160, SECTION 2, in the third sentence, substituted "the circuit solicitor's office" for "circuit solicitor's office", inserted ", the Department of Children's Advocacy," following "social services", and substituted "the hospital" for "to the hospital".
S.C. Code Ann. § 63-17-3520 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3520
SECTION 63-17-3520. Employer duties.
Status: in_force

(A) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. (B) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this State. (C) Except as otherwise provided in subsection (D) and Section 63-17-3530, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify: (1) the duration and amount of periodic payments of current child support, stated as a sum certain; (2) the person designated to receive payments and the address to which the payments are to be forwarded; (3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment; (4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and (5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. (D) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to: (1) the employer's fee for processing an income-withholding order; (2) the maximum amount permitted to be withheld from the obligor's income; and (3) the times within which the employer must implement the withholding order and forward the child-support payment. Effect of Amendment 2015 Act No. 33, SECTION 1, in (C)(1), substituted "child support" for "child-support".
S.C. Code Ann. § 63-17-3210 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3210
SECTION 63-17-3210. Applicability of law.
Status: in_force

(A) Except as otherwise provided in this article, this part applies to all proceedings under this article. (B) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this article by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent. Effect of Amendment 2015 Act No. 33, SECTION 1, in (B), inserted reference to "foreign country".
S.C. Code Ann. § 63-17-3270 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3270
SECTION 63-17-3270. Duties of support enforcement agency.
Status: in_force

(A) In a proceeding under this article, a support enforcement agency of this State, upon request: (1) shall provide services to a petitioner residing in a state; (2) shall provide services to a petitioner requesting services through a central authority of a foreign country as described in Section 63-17-2910(5)(a) or (5)(d); and (3) may provide services to a petitioner who is an individual not residing in a state. (B) A support enforcement agency of this State that is providing services to the petitioner shall: (1) take all steps necessary to enable an appropriate tribunal of this State, another state, or a foreign country to obtain jurisdiction over the respondent; (2) request an appropriate tribunal to set a date, time, and place for a hearing; (3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; (4) within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner; (5) within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and (6) notify the petitioner if jurisdiction over the respondent cannot be obtained. (C) A support enforcement agency of this State that requests registration of a child-support order in this State for enforcement or for modification shall make reasonable efforts: (1) to ensure that the order to be registered is the controlling order; or (2) if two or more child-support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so. (D) A support enforcement agency of this State that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported. (E) A support enforcement agency of this State shall issue or request a tribunal of this State to issue a child-support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to Section 63-17-3390. (F) This article does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. Effect of Amendment 2015 Act No. 33, SECTION 1, rewrote (A); in (B)(1), substituted "of this State, another state, or a foreign country" for "in this State or another state"; in (B)(4) and (B)(5), deleted "written" before "notice"; and in (E), deleted "of the Uniform Interstate Family Support Act" from the end.
S.C. Code Ann. § 63-7-760 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-760
SECTION 63-7-760. Protocols.
Status: in_force

The department and local law enforcement agencies shall develop written protocols to address issues related to emergency protective custody. The protocols shall cover at a minimum information exchange between the department and local law enforcement agencies, consultation on decisions to assume legal custody, and the transfer of responsibility over the child, including mechanisms and assurances for the department to arrange expeditious placement of the child.
S.C. Code Ann. § 63-19-1450 — SC Code / Title 63 / Chapter 19 / Article 13 / Section 63-19-1450
SECTION 63-19-1450. Commitment of juvenile with mental illness or mental retardation.
Status: in_force

(A) No juvenile may be committed to an institution under the control of the Department of Juvenile Justice who is seriously handicapped by mental illness or retardation. If, after a juvenile is referred to the Reception and Evaluation Center, it is determined that the juvenile is mentally ill, as defined in Section 44-23-10, or a person with intellectual disability to an extent that the juvenile could not be properly cared for in its custody, the department through the voluntary admission process or by instituting necessary legal action may accomplish the transfer of the juvenile to another state agency which in its judgment is best qualified to care for the juvenile in accordance with the laws of this State. This legal action must be brought in the juvenile's resident county. The department shall establish standards with regard to the physical and mental health of juveniles whom it can accept for commitment. (B) When the state agency to which a juvenile is transferred determines that it is appropriate to release from commitment that juvenile, the state agency must submit a request for release to the releasing entity. If the releasing entity does not grant the request to release the juvenile, the juvenile must be placed in an environment consistent with the provisions of this section. (C) If a juvenile transferred to another state agency pursuant to this section is absent from a treatment facility without proper authorization, any state or local law enforcement officer upon the request of the director, or a designee, of the state agency to which the juvenile has been transferred and without the necessity of a warrant or a court order, may take the juvenile into custody and return the juvenile to the facility designated by the agency director or the designee. Code Commissioner's Note Pursuant to 2011 Act No. 47, SECTION 14(B), the Code Commissioner substituted "intellectual disability" for "mentally retarded" and "person with intellectual disability" or "persons with intellectual disability" for "mentally retarded".
S.C. Code Ann. § 63-5-80 — SC Code / Title 63 / Chapter 5 / Article 1 / Section 63-5-80
SECTION 63-5-80. Cruelty to children.
Status: in_force

Whoever cruelly ill-treats, deprives of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon a child or causes the same to be done, whether the person is the parent or guardian or has charge or custody of the child, for every offense, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not more than two hundred dollars, at the discretion of the magistrate.
S.C. Code Ann. § 63-3-830 — SC Code / Title 63 / Chapter 3 / Article 7 / Section 63-3-830
SECTION 63-3-830. Responsibilities.
Status: in_force

(A) The responsibilities and duties of a guardian ad litem include, but are not limited to: (1) representing the best interest of the child; (2) conducting an independent, balanced, and impartial investigation to determine the facts relevant to the situation of the child and the family. An investigation must include, but is not limited to: (a) obtaining and reviewing relevant documents, except that a guardian ad litem must not be compensated for reviewing documents related solely to financial matters not relevant to the suitability of the parents as to custody, visitation, or child support. The guardian ad litem shall have access to the child's school records and medical records. The guardian ad litem may petition the family court for the medical records of the parties; (b) meeting with and observing the child on at least one occasion; (c) visiting the home settings if deemed appropriate; (d) interviewing parents, caregivers, school officials, law enforcement, and others with knowledge relevant to the case; (e) obtaining the criminal history of each party when determined necessary; and (f) considering the wishes of the child, if appropriate; (3) advocating for the child's best interest by making specific and clear suggestions, when necessary, for evaluation, services, and treatment for the child and the child's family. Evaluations or other services suggested by the guardian ad litem must not be ordered by the court, except upon proper approval by the court or by consent of the parties; (4) attending all court hearings related to custody and visitation issues, except when attendance is excused by the court or the absence is stipulated by both parties. A guardian must not be compensated for attending a hearing related solely to a financial matter if the matter is not relevant to the suitability of the parents as to custody, visitation, or child support. The guardian must provide accurate, current information directly to the court, and that information must be relevant to matters pending before the court; (5) maintaining a complete file, including notes. A guardian's notes are his work product and are not subject to subpoena; and (6) presenting to the court and all parties clear and comprehensive written reports including, but not limited to, a final written report regarding the child's best interest. The final written report may contain conclusions based upon the facts contained in the report. The final written report must be submitted to the court and all parties no later than twenty days prior to the merits hearing, unless that time period is modified by the court, but in no event later than ten days prior to the merits hearing. The ten-day requirement for the submission of the final written report may only be waived by mutual consent of both parties. The final written report must not include a recommendation concerning which party should be awarded custody, nor may the guardian ad litem make a recommendation as to the issue of custody at the merits hearing unless requested by the court for reasons specifically set forth on the record. The guardian ad litem is subject to cross-examination on the facts and conclusions contained in the final written report. The final written report must include the names, addresses, and telephone numbers of those interviewed during the investigation. (B) A guardian ad litem may submit briefs, memoranda, affidavits, or other documents on behalf of the child. A guardian ad litem may also submit affidavits at the temporary hearing. Any report or recommendation of a guardian ad litem must be submitted in a manner consistent with the South Carolina Rules of Evidence and other state law.
S.C. Code Ann. § 63-17-730 — SC Code / Title 63 / Chapter 17 / Article 5 / Section 63-17-730
SECTION 63-17-730. Notice of financial responsibility; order of default.
Status: in_force

The director shall issue a notice of financial responsibility to an obligor who owes a child support debt or who is responsible for the support of a child on whose behalf the custodian of that child is receiving support enforcement services from the division pursuant to Title IV-D of the Social Security Act. The notice shall state that: (1) the obligor is required to appear at the time and location indicated in the notice for a negotiation conference to determine the obligor's duty of support; (2) the division may issue an order of default setting forth the amount of the obligor's duty of support, if the obligor: (a) fails to appear for the negotiation conference as scheduled in the notice; (b) fails to reschedule a negotiation conference before the date and time stated in the notice or within thirty days of service of the notice of financial responsibility, whichever is later; or (c) fails to send the division a written request for a court hearing before the time scheduled for the negotiation conference or within thirty days of service of the notice of financial responsibility, whichever is later; (3) the obligor may request a court hearing within thirty days after the receipt of the notice of financial responsibility pursuant to Section 63-17-780; (4) the order of default must be filed with the clerk of court of the county in which the obligor resides or, if the obligor does not reside in the State, with the clerk of court of the county in which the obligee resides; that as soon as the order of the default is filed, it shall have all the force, effect, and remedies of an order of the court including, but not limited to, income withholding or contempt of court; and that execution may be issued on the order in the same manner and with the same effect as if it were an order of the court; (5) no court order for judgment nor verified entry of judgment may be required in order for the clerk of court and division to certify past due amounts of child support to the Internal Revenue Service or Department of Revenue for purposes of intercepting a federal or state tax refund; (6) the name of the custodian of the child on whose behalf support is being sought and the name and birth date of the child; (7) the amount of the monthly support obligation must be based upon the child support guidelines as set forth in Sections 63-17-470 and 43-5-580; (8) the division may issue an administrative subpoena to obtain income information from the obligor; (9) the amount of any arrearage which has accrued under an administrative or court order from support; (10) the costs of collections may be assessed against and collected from the obligor; (11) the obligor may assert the following objections in the negotiation conference and that, if the objections are not resolved, the division shall schedule a court hearing pursuant to Section 63-17-750(C): (a) that the dependent child has been adopted by a person other than the obligor; (b) that the dependent child is emancipated; or (c) that there is an existing court or administrative order for support as to the monthly support obligation; (12) the duty to provide medical support must be established under this article in accordance with the state child support guidelines; (13) an order issued pursuant to this article or an existing order of a court also may be modified under this article in accordance with the Uniform Interstate Family Support Act; (14) the obligor is responsible for notifying the division of any change of address or employment within ten days of the change; (15) if the obligor has any questions, the obligor should telephone or visit the division; (16) the obligor has the right to consult an attorney and the right to be represented by an attorney at the negotiation conference; (17) other information as set forth in regulations promulgated pursuant to the Administrative Procedures Act.
S.C. Code Ann. § 63-19-410 — SC Code / Title 63 / Chapter 19 / Article 3 / Section 63-19-410
SECTION 63-19-410. Fees.
Status: in_force

(A) The department may charge and collect fees for evaluation and treatment services provided for a person referred or temporarily committed to its facilities either at the evaluation center in Columbia or any center or other facility of the department. Fees may be charged to a parent or guardian or to the public or private agency responsible for the temporary commitment or referral. In cases where insurance coverage is available, fees of treatment or evaluation may be charged to the insurer. No fees may be charged to a person who is finally committed to a custodial facility of the department, and no person may be denied treatment or evaluation services because of inability to pay for the services. (B) The director shall approve and periodically review, a schedule of maximum charges for the services of the department, including residential care. The department shall adopt procedures to determine ability to pay and may authorize its designees to reduce or waive charges based upon their findings. No charge for services rendered by the department may exceed the actual cost of the services at the facility rendering the services. (C) The department shall establish a hearing and review procedure so that parents or legal guardians of a person under the department's jurisdiction may appeal charges made for services or may present to the departmental officials information or evidence which, in their opinion, needs to be considered in establishing charges. (D) The department may utilize all legal procedures to collect lawful claims. All funds collected pursuant to this section must be deposited with the State Treasurer for use of the department in defraying the cost of services for which the fees may be collected.
S.C. Code Ann. § 63-9-1330 — SC Code / Title 63 / Chapter 9 / Article 3 / Section 63-9-1330
SECTION 63-9-1330. Department of Social Services to administer program.
Status: in_force

The Department of Social Services shall administer an adoption program on behalf of the State. Adoption services must be available statewide. The adoption program provided by the department must be a centrally administered state program. The department shall designate regions which will be administered by the state office. The adoption unit shall constitute a separate and distinct unit within the department so as to assure specialization of effort and effective access to the department director. This unit must be staffed with qualified personnel professionally trained in the social work or other related fields. The department shall continually evaluate its staffing, functions, policies, and practices on the basis of nationally recognized standards. A committee to advise the department on all children's services must be appointed by the department director. Persons appointed to the committee must be knowledgeable on adoption, protective services, foster care, and other children's services.
S.C. Code Ann. § 63-19-1650 — SC Code / Title 63 / Chapter 19 / Article 15 / Section 63-19-1650
SECTION 63-19-1650. Youthful Offender Division transfer.
Status: in_force

(A) The Department of Juvenile Justice, when authorized by an order of a circuit judge, must, after notice to the Department of Corrections, temporarily shall transfer to the custody of the Youthful Offender Division a child who has been committed to the custody of the department who is more than seventeen years of age and whose presence in the custody of the Department of Juvenile Justice appears to be seriously detrimental to the welfare of others in custody. The director of the Department of Corrections shall receive these children and shall properly care for them. Each child transferred to the Youthful Offender Division is subject to all the rules and discipline of the division. Children transferred to the Youthful Offender Division pursuant to this section are under the authority of the division but are subject to release Board of Juvenile Parole. (B) The Youthful Offender Division at least quarterly shall recommend to the parole board possible release of each child transferred to the department or the child's return to institutions of the Department of Juvenile Justice.
S.C. Code Ann. § 63-15-340 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-340
SECTION 63-15-340. Stays of other proceedings.
Status: in_force

(A) Except as otherwise provided in Section 63-15-336, a court of this State may not exercise its jurisdiction under this subarticle if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this article, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this State is a more convenient forum under Section 63-15-342. (B) Except as otherwise provided in Section 63-15-336, a court of this State, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 63-15-346. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this article, the court of this State shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this article does not determine that the court of this State is a more appropriate forum, the court of this State shall dismiss the proceeding. (C) In a proceeding to modify a child custody determination, a court of this State shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may: (1) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement; (2) enjoin the parties from continuing with the proceeding for enforcement; or (3) proceed with the modification under conditions it considers appropriate.
S.C. Code Ann. § 63-15-420 — SC Code / Title 63 / Chapter 15 / Article 4 / Section 63-15-420
SECTION 63-15-420. Regulations.
Status: in_force

Within one year of the adoption of this act, the Department of Social Services shall promulgate regulations prohibiting a local department from removing a child from a home and placing the child in foster care solely because the child's parent or guardian is blind.
S.C. Code Ann. § 63-7-2810 — SC Code / Title 63 / Chapter 7 / Article 9 / Section 63-7-2810
SECTION 63-7-2810. Purpose.
Status: in_force

The purpose of this article is to supplement the South Carolina legal guardianship law by making possible through public supplemental benefits the most appropriate placement of a child with a legal guardian certified by the Department of Social Services as requiring a supplemental benefit to assure legal guardianship.
S.C. Code Ann. § 63-19-2010 — SC Code / Title 63 / Chapter 19 / Article 19 / Section 63-19-2010
SECTION 63-19-2010. Records.
Status: in_force

The court shall make and keep records of all cases brought before it. The records of the court are confidential and open to inspection only by court order to persons having a legitimate interest in the records and to the extent necessary to respond to that legitimate interest. These records must always be available to the legal counsel of the child and are open to inspection without a court order where the records are necessary to defend against an action initiated by a child.
S.C. Code Ann. § 63-5-920 — SC Code / Title 63 / Chapter 5 / Article 7 / Section 63-5-920
SECTION 63-5-920. Effect of military service on visitation and custody orders; temporary modification order.
Status: in_force

(A) If a military parent is required to be separated from a child due to military service, a court shall not enter a final order modifying the terms establishing custody or visitation contained in an existing order until ninety days after the military parent is released from military service. A military parent's absence or relocation because of military service must not be the sole factor supporting a change in circumstance or grounds sufficient to support a permanent modification of the custody or visitation terms established in an existing order. (B) An existing order establishing the terms of custody or visitation in place at the time a military parent is called to military service may be temporarily modified to make reasonable accommodation for the parties because of the military parent's service. A temporary modification automatically terminates when the military parent is released from service and, upon release, the original terms of the custody or visitation order in place at the time the military parent was called to military service are automatically reinstated. (C) A temporary modification order issued pursuant to this section must provide that the military parent has custody of the child or reasonable visitation, whichever is applicable pursuant to the original order, with the child during a period of leave granted to the military parent during their military service. If a temporary modification order is not issued pursuant to this section, the nonmilitary custodial parent shall make the child or children reasonably available to the military parent when the military parent has leave to ensure that the military parent has reasonable visitation and is able to visit the child or children. (D) If there is no existing order establishing the terms of custody or visitation and it appears that military service is imminent, upon motion by either parent, the court shall expedite a temporary hearing to establish temporary custody or visitation to ensure the military parent has access to the child, to establish support, and provide other appropriate relief.
S.C. Code Ann. § 63-7-440 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-440
SECTION 63-7-440. Knowingly making false report.
Status: in_force

(A) It is unlawful to knowingly make a false report of abuse or neglect. (B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than ninety days, or both.
S.C. Code Ann. § 63-17-2900 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-2900
SECTION 63-17-2900. Short title.
Status: in_force

This article may be cited as the "Uniform Interstate Family Support Act". Effect of Amendment 2015 Act No. 33, SECTION 1, reenacted this section with no change.
S.C. Code Ann. § 63-9-40 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-40
SECTION 63-9-40. Jurisdiction; venue.
Status: in_force

(A) The family court has exclusive jurisdiction over all proceedings held pursuant to this article. Proceedings for adoption by residents of this State may be brought in the family court of the county in which the petitioner resides or is in military service, or in the county in which the child resides or is born. For nonresidents of this State proceedings for adoption must be brought in the county in which the child resides, in which the child is born, or in which the agency having custody of the child is located. (B) The family court may order a change of venue as in civil proceedings in this State.
S.C. Code Ann. § 63-17-1410 — SC Code / Title 63 / Chapter 17 / Article 11 / Section 63-17-1410
SECTION 63-17-1410. Definitions.
Status: in_force

As used in this section: (1) "Arrearage" means the total amount of unpaid support obligations. (2) "Court" as used in this section means Family Court. (3) "Delinquency" means when a support payment owed by an obligor pursuant to an order of support is overdue in an amount equal to at least one month's support obligation. (4) "Income" means any periodic form of payment to an individual regardless of source including, but not limited to, wages, salary, commission, bonuses, compensation as an independent contractor, workers' compensation, disability, annuity and retirement benefits, payments made pursuant to a retirement program, interest, and any other payments made by a person or an agency or department of the federal, state, or local government provided the income excludes: (a) amounts required by law to be withheld, other than creditor claims, including, but not limited to, federal, state, and local taxes, social security and other retirement deductions, and disability contributions; (b) amounts exempted by federal law; (c) public assistance payments. Any other state or local laws which limit or exempt income or the amount or percentage of income that can be withheld do not apply. (5) "Obligee" means an individual or the individual's assignee who is entitled to receive payments pursuant to an order of support. (6) "Obligor" means an individual who is required to make payments pursuant to order for support. (7) "Order for support" means any order of a court or an administrative agency of competent jurisdiction which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse, whether temporary or final, whether incidental to a proceeding for divorce, separation, separate maintenance, paternity, guardianship, or otherwise and includes any order providing for a modification of support payment of an arrearage or reimbursement of support. (8) "Payor" means any payor of income to an obligor. For purposes of this section, the South Carolina Department of Employment and Workforce is not considered to be a payor. Code Commissioner's Note Pursuant to the directive to the Code Commissioner in 2010 Act No. 146, SECTION 122, "Department of Employment and Workforce" was substituted for all references to "Employment Security Commission", and "Executive Director of the Department of Employment and Workforce" or "executive director" was substituted for all references to the "Chairman of the Employment Security Commission" or "chairman" that refer to the Chairman of the Employment Security Commission, as appropriate.
S.C. Code Ann. § 63-15-610 — SC Code / Title 63 / Chapter 15 / Article 6 / Section 63-15-610
SECTION 63-15-610. Cooperation and communication among courts.
Status: in_force

Sections 63-15-318, 63-15-320, and 63-15-322 apply to cooperation and communication among courts in proceedings under this article.
S.C. Code Ann. § 63-17-1920 — SC Code / Title 63 / Chapter 17 / Article 13 / Section 63-17-1920
SECTION 63-17-1920. Applicability of state law; foreign law.
Status: in_force

(A) The law of this State shall apply in all actions and proceedings concerning the issuance, enforcement, and duration of orders to withhold issued by a court of this State, which is based upon a support order of another jurisdiction entered pursuant to Section 63-17-1830, except as provided in subsections (B) and (C) of this section. (B) The law of the jurisdiction which issued the support order shall govern the following: (1) the interpretation of the support order entered under Section 63-17-1840, including amount, form of payment, and the duration of support; (2) the amount of support arrearages necessary to require the issuance of an order to withhold; (3) the definition of what costs, in addition to the periodic support obligation, are included as arrearages which are enforceable by income withholding, including but not limited to interest, attorney's fees, court costs, and costs of paternity testing. (C) The court in this State may impose its costs as allowed by law.
S.C. Code Ann. § 63-19-1660 — SC Code / Title 63 / Chapter 19 / Article 15 / Section 63-19-1660
SECTION 63-19-1660. Interference.
Status: in_force

(A) It is unlawful for a person to: (1) cause, aid, encourage, or influence a child who is a ward of the Department of Juvenile Justice to: (a) enter or remain in a house of prostitution or a house or lodging place used for immoral purposes or gambling place; (b) violate a law of this State or ordinance of a city; (c) indulge in vicious or immoral conduct; or (d) violate the child's conditional release or run away from the supervision of the Department of Juvenile Justice. (2) harbor a child who has escaped from authorities or who is running away from their supervision. (B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
S.C. Code Ann. § 63-17-1210 — SC Code / Title 63 / Chapter 17 / Article 9 / Section 63-17-1210
SECTION 63-17-1210. Employer New Hire Reporting program.
Status: in_force

(A) By January 1, 1996, the Child Support Enforcement Division of the Department of Social Services shall create and develop an Employer New Hire Reporting program. The Employer New Hire Reporting program shall provide a means for employers to voluntarily assist in the state's efforts to locate absent parents who owe child support and collect child support from those parents by reporting information concerning newly hired and rehired employees directly to the division. (B) The following provisions apply to the Employer New Hire Reporting program: (1) An employer doing business in this State may participate in the Employer New Hire Reporting program by reporting to the Child Support Enforcement Division: (a) the hiring of a person who resides or works in this State to whom the employer anticipates paying earnings; or (b) the rehiring or return to work of an employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment. (2) The Employer New Hire Reporting program applies to a person who is expected to: (a) be employed for more than one month's duration; (b) be paid for more than three hundred fifty hours during a continuous six-month period; or (c) have gross earnings of more than three hundred dollars in each month of employment. (3) An employer who voluntarily reports under item (1) shall submit monthly reports regarding each hiring, rehiring, or return to work of an employee during the preceding month. The report must contain: (a) the employee's name, address, social security number, date of birth, and salary information; and (b) the employer's name, address, and employer identification number. (4) Employers reporting to the Employer New Hire Reporting program shall provide information to the Child Support Enforcement Division by: (a) sending a copy of the new employee's W-4 form; (b) completing a form supplied by the Child Support Enforcement Division; or (c) any other means authorized by the Child Support Enforcement Division for conveying the required information, including electronic transmission or magnetic tapes in compatible formats. (5) An employer is authorized by this section to disclose the information described in item (3) and is not liable to the employee for the disclosure or subsequent use by the Child Support Enforcement Division of the information. (6) Information received by the South Carolina Department of Employment and Workforce from employers which includes information contained in the reports provided for in this section must be transmitted to the Department of Social Services within fifteen working days after the end of each quarter. Code Commissioner's Note Pursuant to the directive to the Code Commissioner in 2010 Act No. 146, SECTION 122, "Department of Employment and Workforce" was substituted for all references to "Employment Security Commission", and "Executive Director of the Department of Employment and Workforce" or "executive director" was substituted for all references to the "Chairman of the Employment Security Commission" or "chairman" that refer to the Chairman of the Employment Security Commission, as appropriate.
S.C. Code Ann. § 63-9-1730 — SC Code / Title 63 / Chapter 9 / Article 7 / Section 63-9-1730
SECTION 63-9-1730. Program established.
Status: in_force

The department shall establish and administer an ongoing program of supplemental benefits for adoption. Supplemental benefits and services for children under this program must be provided out of funds appropriated to the department for these purposes.
S.C. Code Ann. § 63-19-650 — SC Code / Title 63 / Chapter 19 / Article 5 / Section 63-19-650
SECTION 63-19-650. Compensation.
Status: in_force

Members of the Board of Juvenile Parole shall receive compensation in an amount provided by the General Assembly in the annual general appropriations act.
S.C. Code Ann. § 63-17-3965 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3965
SECTION 63-17-3965. Personal information.
Status: in_force

Personal information gathered or transmitted under this part may be used only for the purposes for which it was gathered or transmitted.
S.C. Code Ann. § 63-15-302 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-302
SECTION 63-15-302. Definitions.
Status: in_force

As used in this article: (1) "Abandoned" means left without provision for reasonable and necessary care or supervision. (2) "Child" means an individual who has not attained eighteen years of age. (3) "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual. (4) "Child custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Subarticle 3. (5) "Commencement" means the filing of the first pleading in a proceeding. (6) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. (7) "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period. (8) "Initial determination" means the first child custody determination concerning a particular child. (9) "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this article. (10) "Issuing state" means the state in which a child custody determination is made. (11) "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. (12) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, governmental agency or instrumentality, public corporation, or any other legal or commercial entity. (13) "Person acting as a parent" means a person, other than a parent, who: (a) has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and (b) has been awarded legal custody by a court or claims a right to legal custody under the law of this State. (14) "Physical custody" means the physical care and supervision of a child. (15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (16) "Tribe" means an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state. (17) "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
S.C. Code Ann. § 63-19-2040 — SC Code / Title 63 / Chapter 19 / Article 19 / Section 63-19-2040
SECTION 63-19-2040. Release of information.
Status: in_force

(A) The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be provided to a newspaper or radio or television station unless: (1) authorized by court order; (2) the solicitor has petitioned the court to waive the child to circuit court; (3) the child has been bound over to a court which would have jurisdiction of the offense if committed by an adult; or (4) the child has been adjudicated delinquent in court for one of the following offenses: (a) a violent crime, as defined in Section 16-1-60; (b) grand larceny of a motor vehicle; (c) a crime in which a weapon, as defined in Section 59-63-370, was used; or (d) distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44. (B) When a child is bound over to the jurisdiction of the circuit court, the provisions of this section pertaining to the confidentiality of fingerprints and identity do not apply. (C) The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23.
S.C. Code Ann. § 63-7-380 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-380
SECTION 63-7-380. Photos and x-rays without parental consent; release of medical records.
Status: in_force

A person required to report under Section 63-7-310 may take, or cause to be taken, color photographs of the areas of trauma visible on a child who is the subject of a report and, if medically indicated, a physician may cause to be performed a radiological examination or other medical examinations or tests of the child without the consent of the child's parents or guardians. Copies of all photographs, negatives, radiological, and other medical reports must be sent to the department at the time a report pursuant to Section 63-7-310 is made, or as soon as reasonably possible after the report is made. Upon written request of the consulting care physician or the hospital facility and without consent of the child's parent or legal guardian, the primary care physician shall release the medical records, radiologic imaging, photos, and all other health information only to the consulting care physician and the hospital facility. The consulting care physician and the hospital facility only may release the records to law enforcement in accordance with the Health Insurance Portability and Accountability Act, 45 C.F.R. 164.512(b). Effect of Amendment 2015 Act No. 75, SECTION 1, added the last two sentences, relating to the release of records.
S.C. Code Ann. § 63-17-3280 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3280
SECTION 63-17-3280. Duty to provide services.
Status: in_force

(A) If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may order the agency to perform its duties under this article or may provide those services directly to the individual. (B) The Department of Social Services may determine that a foreign country has established a reciprocal arrangement for child support with this State and take appropriate action for notification of the determination. Effect of Amendment 2015 Act No. 33, SECTION 1, in (B), deleted "or political subdivision" before "has established".
S.C. Code Ann. § 63-17-370 — SC Code / Title 63 / Chapter 17 / Article 3 / Section 63-17-370
SECTION 63-17-370. Summons and rule to show cause.
Status: in_force

The court shall in a proper case issue a summons or rule to show cause, requiring the respondent to appear at the court at a time and place named, to show cause why the order for support prayed for by the petition shall not be granted. A summons or rule to show cause shall not be refused without giving the petitioner an opportunity to present witnesses and be heard by the court.
S.C. Code Ann. § 63-9-2210 — SC Code / Title 63 / Chapter 9 / Article 11 / Section 63-9-2210
SECTION 63-9-2210. Financial responsibility for children.
Status: in_force

Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Subsection 5 thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of Article 23, Chapter 17 of this title also may be invoked.
S.C. Code Ann. § 63-11-1960 — SC Code / Title 63 / Chapter 11 / Article 19 / Section 63-11-1960
SECTION 63-11-1960. Access to information.
Status: in_force

Upon request of the department and as necessary to carry out the department's purpose and duties, the department immediately must be provided: (1) by a provider of medical care, access to information and records regarding a child whose death is being reviewed by the department, including information on prenatal care; (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 child or family, including information made strictly confidential in Section 63-7-940 concerning unfounded reports of abuse or neglect.
S.C. Code Ann. § 63-15-500 — SC Code / Title 63 / Chapter 15 / Article 5 / Section 63-15-500
SECTION 63-15-500. Short title.
Status: in_force

This chapter may be cited as the "Uniform Deployed Parents Custody and Visitation Act".
S.C. Code Ann. § 63-1-10 — SC Code / Title 63 / Chapter 1 / Section 63-1-10
SECTION 63-1-10. Short title.
Status: in_force

This title may be cited as the "South Carolina Children's Code".
S.C. Code Ann. § 63-7-2820 — SC Code / Title 63 / Chapter 7 / Article 9 / Section 63-7-2820
SECTION 63-7-2820. Definitions.
Status: in_force

When used in this article: (1) "Child" means a person under the age of twenty-one. (2) "Department" means the Department of Social Services. (3) "Fictive kin" means an individual who is not related by birth, adoption, or marriage to a child but has an emotionally significant relationship with the child or the child's family. (4) "Relative" means an individual within the first, second, or third degree to a parent or stepparent of a child who may be related through blood, marriage, or adoption or through the establishment of a fictive kin relationship. (5) "Supplemental legal guardianship benefits" means monthly payments made by the department to a legal guardian pursuant to and after entering a written agreement with a relative or fictive kin to provide support for a child who without supplemental support may not achieve permanency through legal guardianship.
S.C. Code Ann. § 63-9-310 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-310
SECTION 63-9-310. Persons who must give consent or relinquishment.
Status: in_force

(A) Consent or relinquishment for the purpose of adoption is required of the following persons: (1) the adoptee, if over fourteen years of age, except where the court finds that the adoptee does not have the mental capacity to give consent, or that the best interests of the adoptee are served by not requiring consent; and either (2) the parents or surviving parent of a child conceived or born during the marriage of the parents; or (3) the mother of a child born when the mother was not married; and either (4) the father of a child born when the father was not married to the child's mother, if the child was placed with the prospective adoptive parents more than six months after the child's birth, but only if the father has maintained substantial and continuous or repeated contact with the child as demonstrated by: (a) payment by the father toward the support of the child of a fair and reasonable sum, based on the father's financial ability; and either (b) visits by the father to the child at least monthly when the father is physically and financially able to do so, and when the father is not prevented from doing so by the person or agency having lawful custody of the child; or (c) regular communication by the father with the child or with the person or agency having lawful custody of the child, when the father is physically and financially unable to visit the child, or when the father is prevented from visiting the child by the person or agency having lawful custody of the child. The subjective intent of the father, if unsupported by evidence of the acts specified in subitems (a), (b), and (c) of this item (4) of subsection (A) of this section, does not preclude a determination that the father failed to maintain substantial and continuous or repeated contact with the child. In making this determination, the court may not require a showing of diligent efforts by any person or agency having lawful custody of the child to encourage the father to perform the acts. A father of a child born when the father was not married to the child's mother, who openly lived with the child for a period of six months within the one-year period immediately preceding the placement of the child for adoption, and who during the six-months period openly held himself out to be the father of the child is considered to have maintained substantial and continuous or repeated contact with the child for the purpose of this item (4) of subsection (A) of this section; or (5) the father of a child born when the father was not married to the child's mother, if the child was placed with the prospective adoptive parents six months or less after the child's birth, but only if: (a) the father openly lived with the child or the child's mother for a continuous period of six months immediately preceding the placement of the child for adoption, and the father openly held himself out to be the father of the child during the six months period; or (b) the father paid a fair and reasonable sum, based on the father's financial ability, for the support of the child or for expenses incurred in connection with the mother's pregnancy or with the birth of the child, including, but not limited to, medical, hospital, and nursing expenses. (B) Consent or relinquishment for the purpose of adoption is required of the legal guardian, child placing agency, or legal custodian of the child if authority to execute a consent or relinquishment has been vested legally in the agency or person and: (1) both the parents of the child are deceased; or (2) the parental rights of both the parents have been judicially terminated. (C) Consent is required of the child placing agency or person facilitating the placement of the child for adoption if the child has been relinquished for adoption to the agency or person. (D) If the consent of a child placing agency required by this subsection is not provided to any person eligible under Section 63-9-60, the agency has an affirmative duty to inform the person who is denied consent of all of his rights for judicial review of the denial. (E) Consent or relinquishment for the purpose of adoption given by a parent who is a child is not subject to revocation by reason of the parent's minority. (F) Under no circumstances may a child-placing agency or any person receive a fee, compensation, or any other thing of value as consideration for giving a consent or relinquishment of a child for the purpose of adoption and no child-placing agency or person may receive a child for payment of such fee, compensation, or any other thing of value. However, costs may be assessed and payment made, subject to the court's approval, for the following: (1) reimbursements for necessary, actual medical, and reasonable living expenses incurred by the mother and child for a reasonable period of time; (2) the fee for obtaining investigations and reports as required by Section 63-9-520; (3) the fee of the individuals required to take the consent or relinquishment, as required by Section 63-9-340(A); (4) the fee of a guardian ad litem appointed pursuant to Section 63-9-720; (5) reasonable attorney's fees and costs for actual services rendered; (6) reasonable fees to child-placing agencies; and (7) reasonable fees to sending agencies as defined in Section 63-9-2200(2)(b), the Interstate Compact on the Placement of Children. The court may approve an adoption while not approving unreasonable fees and costs.
S.C. Code Ann. § 63-3-620 — SC Code / Title 63 / Chapter 3 / Article 5 / Section 63-3-620
SECTION 63-3-620. Penalties for adult violating title.
Status: in_force

An adult who wilfully violates, neglects, or refuses to obey or perform a lawful order of the court, or who violates any provision of this chapter, may be proceeded against for contempt of court. An adult found in contempt of court may be punished by a fine, by a public works sentence, or by imprisonment in a local detention facility, or by any combination of them, in the discretion of the court, but not to exceed imprisonment in a local detention facility for one year, a fine of fifteen hundred dollars, or public works sentence of more than three hundred hours, or any combination of them. An adult sentenced to a term of imprisonment under this section may earn good time credits pursuant to Section 24-13-210 and work credits pursuant to Section 24-13-230 and may participate in a work/punishment program pursuant to Section 24-13-910. Effect of Amendment The 2010 amendment substituted "public works" for "public work" and "detention facility" for "correctional facility" in two instances in the first sentence, and in the second sentence, deleted after the reference to SECTION 24-13-910 "unless his participation in any of these programs is prohibited by order of the sentencing judge".
S.C. Code Ann. § 63-7-660 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-660
SECTION 63-7-660. Assumption of legal custody.
Status: in_force

If the department determines after the preliminary investigation that there is probable cause to believe that by reason of abuse or neglect the child's life, health, or physical safety is in imminent and substantial danger, the department may assume legal custody of the child without the consent of the child's parent, guardian, or custodian. The department shall make every reasonable effort to notify the child's parent, guardian, or custodian of the location of the child and shall make arrangements for temporary visitation unless there are compelling reasons why visitation or notice of the location of the child would be contrary to the best interests of the child. The notification must be in writing and shall include notice of the right to a hearing and right to counsel pursuant to this article. Nothing in this section authorizes the department to physically remove a child from the care of the child's parent or guardian without an order of the court. The department may exercise the authority to assume legal custody only after a law enforcement officer has taken emergency protective custody of the child or the family court has granted emergency protective custody by ex parte order, and the department has conducted a preliminary investigation pursuant to Section 63-7-640.
S.C. Code Ann. § 63-11-1940 — SC Code / Title 63 / Chapter 11 / Article 19 / Section 63-11-1940
SECTION 63-11-1940. Purpose and duties of department.
Status: in_force

(A) The purpose of the department is to expeditiously investigate child deaths in all counties of the State. (B) To achieve its purpose, the department shall: (1) upon receipt of a report of a child death from the county coroner or medical examiner, as required by Section 17-5-540, investigate and gather all information on the child fatality. The coroner or medical examiner immediately shall request an autopsy if SLED determines that an autopsy is necessary. The autopsy must be performed by a pathologist with forensic training as soon as possible. The pathologist shall inform the department of the findings within forty-eight hours of completion of the autopsy. If the autopsy reveals the cause of death to be pathological or an unavoidable accident, the case must be closed by the department. If the autopsy reveals physical or sexual trauma, suspicious markings, or other findings that are questionable or yields no conclusion to the cause of death, the department immediately must begin an investigation; (2) request assistance of any other local, county, or state agency to aid in the investigation; (3) upon receipt of additional investigative information, reopen a SLED case, and request in writing as soon as possible for the coroner to reopen a case for another coroner's inquest; (4) upon receipt of the notification required by item (1), review agency records for information regarding the deceased child or family. Information available to the department pursuant to Section 63-11-1960 and information which is public under Chapter 4, Title 30, the Freedom of Information Act, must be available as needed to the county coroner or medical examiner and county department of social services; (5) report the activities and findings related to a child fatality to the State Child Fatality Advisory Committee; (6) develop a protocol for child fatality reviews; (7) develop a protocol for the collection of data regarding child deaths as related to Section 17-5-540 and provide training to local professionals delivering services to children, county coroners and medical examiners, and law enforcement agencies on the use of the protocol; (8) study the operations of local investigations of child fatalities, including the statutes, regulations, policies, and procedures of the agencies involved with children's services and child death investigations; (9) examine confidentiality and access to information statutes, regulations, policies, and procedures for agencies with responsibilities for children, including, but not limited to, health, public welfare, education, social services, mental health, alcohol and other substance abuse, and law enforcement agencies and determine whether those statutes, regulations, policies, or procedures impede the exchange of information necessary to protect children from preventable deaths. If the department identifies a statute, regulation, policy, or procedure that impedes the necessary exchange of information, the department shall notify the committee and the agencies serving on the committee and the committee shall include proposals for changes to statutes, regulations, policies, or procedures in the committee's annual report; (10) develop a Forensic Pathology Network available to coroners and medical examiners for prompt autopsy findings; (11) submit to the Governor and the General Assembly, an annual report and any other reports prepared by the department, including, but not limited to, the department's findings and recommendations; (12) promulgate regulations necessary to carry out its purposes and responsibilities under this article.
S.C. Code Ann. § 63-7-2520 — SC Code / Title 63 / Chapter 7 / Article 7 / Section 63-7-2520
SECTION 63-7-2520. Jurisdiction.
Status: in_force

The family court has exclusive jurisdiction over all proceedings held pursuant to this article. For purposes of this article jurisdiction may continue until the child becomes eighteen years of age, unless emancipated earlier.
S.C. Code Ann. § 63-11-60 — SC Code / Title 63 / Chapter 11 / Article 1 / Section 63-11-60
SECTION 63-11-60. Placing children in family homes.
Status: in_force

A licensed child welfare agency may place children in family homes for care, if authorized to do so by the department. Any child so placed may be taken from such family home when the child welfare agency responsible for his care is satisfied that the child's welfare requires such action.
S.C. Code Ann. § 63-17-790 — SC Code / Title 63 / Chapter 17 / Article 5 / Section 63-17-790
SECTION 63-17-790. Establishment of paternity.
Status: in_force

(A) The division may establish paternity of a child in the course of a negotiation conference held pursuant to Section 63-17-750 based upon an application for services or receipt of services by the custodian pursuant to Title IV-D of the Social Security Act. Service on the alleged father pursuant to this section must be made as provided in Section 63-17-740. In addition to the notice of financial responsibility as set forth in Section 63-17-730, the division must serve the alleged father with a notice of paternity determination which shall include: (1) an allegation that the alleged father is the natural father of the child involved; (2) the child's name and date of birth; (3) the name of the child's mother and the name of the person or agency having custody of the child, if other than the mother; (4) a statement that if the alleged father fails to timely deny the allegation of paternity, the question of paternity may be resolved against the alleged father without further notice; (5) a statement that if the alleged father timely denies the allegation of paternity: (a) the alleged father is subject to compulsory genetic testing and that expenses incurred may be assessed against the alleged father if he is found to be the father; (b) a genetic test may result in a presumption of paternity; and (c) upon receipt of the genetic test results, if the alleged father continues to deny paternity, the alleged father may request the division to refer the matter to Family Court for a determination of paternity pursuant to Section 63-17-780. An order for child support resulting from a subsequent finding of paternity is effective from the date the alleged father was served with the notice of paternity determination. (B) The alleged father may file a written denial of paternity with the division within thirty days after service of the notice of paternity determination. (C) When there is more than one alleged father of a child, the division may serve a notice of paternity determination on each alleged father in the same consolidated proceeding or in separate proceedings. Failure to serve notice on an alleged father does not prevent the division from serving notice on any other alleged father of the same child.
S.C. Code Ann. § 63-19-360 — SC Code / Title 63 / Chapter 19 / Article 3 / Section 63-19-360
SECTION 63-19-360. Institutional services.
Status: in_force

The department shall provide institutional services which include, but are not limited to: (1) providing correctional institutional services for juveniles committed under this chapter; (2) managing, operating, and supervising Birchwood, Willow Lane, John G. Richards, and other facilities as the director may establish; (3) establishing and maintaining residential and nonresidential reception and evaluation centers at which all children committed to its custody by a circuit or family court must be received, examined, and evaluated before assignment to one of its institutions or before other disposition or recommendation is made concerning the child. The commitment of a child to a reception and evaluation center or youth correctional institution of the department may be made only after the child has been adjudicated delinquent. The evaluation conducted by the reception and evaluation centers includes, but is not limited to: (a) a complete social, physical, psychological, and mental examination; (b) an investigation and consideration of family and community environment and other facts in the background of the person concerned that might relate to the person's delinquency; (c) a determination of the correctional or custodial care that would be most appropriate. The department shall create facilities and employ personnel as will enable the centers to conduct the necessary physical, mental, and psychological examinations required by this section; (4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties and municipalities of this State must include secure juvenile detention centers. The size and capacity of the juvenile detention facilities needed must be determined by the department after its consideration and review of minimum standards for local detention facilities in South Carolina for the design, construction, and operation of juvenile detention centers. These recognized state standards must be met or exceeded by the department in determining the size and capacity of the juvenile detention centers and in planning for the construction and operation of the facilities. The department shall determine and announce the anticipated maximum operational capacity of each facility and shall contact each county and municipal governmental body in this State for the purpose of determining which counties or municipalities anticipate utilizing these facilities upon each facility becoming operational. The department shall inform each county and municipal governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's and municipality's ability to develop its own facility or to contract with other counties or municipalities for the development of a regional facility, and of the availability of the department's facilities. This notice must be provided to each county and municipality for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular community who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with requirements of counties under this chapter. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the department shall report to the board on the status of all preadjudicatory juvenile detention facilities known to be operational or planned, regardless of ownership or management. Beginning with the report to the board which is due no later than September 1, 1996, the department must include an annual status report on the numbers of juveniles in pretrial detention who are awaiting disposition in general sessions court, whether they have been waived by the family court or whether they qualify due to the offense with which they are charged. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles who are awaiting disposition by, or who are under the jurisdiction of, the family court in adult jails anywhere within the State of South Carolina and to prevent the detention of juveniles who are awaiting disposition by general sessions court in facilities which do not provide actual sight and sound separation from adults who are in detention or custody. Upon completion of each facility and upon the determination by the Jail and Prison Inspection Division of the Department of Corrections that each facility is staffed in accordance with relevant standards and can be operated in accordance with these standards, the division shall determine and announce the rated capacity of each facility. A facility operated by the Department of Juvenile Justice for the preadjudicatory detention of juveniles must be maintained and continued in operation for that purpose until approved for conversion or closure by the Department of Administration. However, a county or municipality which decides to maintain its own approved facilities or which has entered into a regional intergovernmental agreement, which has provided secure facilities for preadjudicatory juveniles, and which meets the standards set forth above, may continue to operate these facilities. County and regionally operated facilities are subject to inspection by the Jail and Prison Inspection Division of the Department of Corrections for compliance with the standards set forth above and those created pursuant to Section 24-9-20. The division has the same enforcement authority over county, municipal, and regionally operated secure juvenile detention facilities as that which is provided in Section 24-9-30. In Department of Juvenile Justice operated facilities, the department shall determine an amount of per diem for each child detained in a center, which must be paid by the governing body of the law enforcement agency having original jurisdiction where the offense occurred. The per diem paid by the governing body of the law enforcement agency having original jurisdiction where the offense occurred must be based on the average operating cost among all preadjudicatory state facilities. The Department of Juvenile Justice must assume one-third of the per diem cost and the governing body of the law enforcement agency having original jurisdiction where the offense occurred must assume two-thirds of the cost. Per diem funds received by the department must be placed in a separate account by the department for operation of all preadjudicatory state facilities. Transportation of the juvenile to and from a facility is the responsibility of the law enforcement agency having jurisdiction where the offense was committed. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department; (5) each secure facility which detains preadjudicatory youth longer than forty-eight hours, excluding weekends and state holidays, regardless of ownership or management, must have sufficient personnel to provide uninterrupted supervision and to provide administrative, program, and support requirements. Each of these facilities must have a minimum of two juvenile custodial officers on duty each shift, fully dressed, awake, and alert to operate the facility. At least one person shall directly supervise the juveniles at all times. At least one female juvenile custodial officer must be present and available to the female detention population at all times. Staff on duty must be sufficient to provide for a juvenile-staff ratio adequate for custody, control, and supervision, and to provide full coverage of all designated security posts, excluding administrative, program, and other support staff. Staff shall prepare further a facility schedule of preplanned, structured, and productive activities. Schedules must be developed which include designated times for sleeping, dining, education, counseling, recreation, visitation, and personal time. Daily schedules should minimize idleness and promote constructive use of the juvenile's day. The Department of Juvenile Justice shall provide educational programs and services to all preadjudicatory juveniles in its custody. County, municipal, and regionally operated facilities shall provide these services to all preadjudicatory juveniles under the jurisdiction of the family court and all pretrial juveniles awaiting general sessions court who are detained locally for more than forty-eight hours, excluding weekends and state holidays, by contracting with the Department of Juvenile Justice or by arranging the services through the local school district in which the facility is located. It shall be the responsibility of the school district where a local detention center which has been approved to detain juveniles is located to provide adequate teaching staff and to ensure compliance with the educational requirements of this State. Students housed in approved local detention centers are to be included in the average daily membership count of students for that district and reimbursement by the Department of Education shall be made accordingly. Services which are arranged locally must be approved by the Department of Juvenile Justice as meeting all criteria developed under the authority of Section 63-19-380. Special needs students who are detained locally shall have all services required by federal and state laws and regulations; (6) a county, municipality, or regional subdivision may provide temporary holdover facilities for juveniles only if the facilities comply with this section and with all standards created under the provisions of Section 24-9-20, which must be monitored and enforced by the Jail and Prison Inspection Division of the South Carolina Department of Corrections pursuant to its authority under Sections 24-9-20 and 24-9-30. The standards shall provide for the regulation of temporary holdover facilities with regard to adequate square footage, juvenile accommodations, access to bathroom facilities, lighting, ventilation, distinctions between secure and nonsecure temporary holdover facilities, staffing qualifications, and additional requirements as may be specified. These facilities may hold juveniles during the period between initial custody and the initial detention hearing before a family court judge for a period up to forty-eight hours, excluding weekends and state holidays. Preadjudicatory juveniles who are subsequently transferred to a juvenile detention center may be housed in a temporary holdover facility when returned to the community for a court appearance. However, the temporary housing shall not exceed forty-eight hours. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 63-7-2360 — SC Code / Title 63 / Chapter 7 / Article 5 / Section 63-7-2360
SECTION 63-7-2360. Placement of minor sex offenders.
Status: in_force

(A) No agency may place a minor in a foster home if the agency has actual knowledge that the minor has been adjudicated delinquent for, or has pled guilty or nolo contendere to, or has been convicted of a sex offense, unless the placement is in a therapeutic foster home or unless the minor is the only child in the foster home at the time of placement and for the length of that minor's placement in the foster home. Notwithstanding this provision, the placing agency may petition the court for an order allowing the minor to be placed in a foster home, other than a therapeutic home, if good cause is shown. Good cause shall include, but not be limited to, the fact that the minor is being placed in a home with his siblings. (B) The placing agency must inform the foster parent in whose home the minor is placed of that minor's prior history of a sex offense. For purposes of this section the term "sex offense" means: (1) criminal sexual conduct in the first degree, as provided in Section 16-3-652; (2) criminal sexual conduct in the second degree, as provided in Section 16-3-653; (3) criminal sexual conduct in the third degree, as provided in Section 16-3-654; (4) criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(A); (5) criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(B); (6) criminal sexual conduct with minors in the third degree, as provided in Section 16-3-655(C); (7) engaging a child for a sexual performance, as provided in Section 16-3-810; (8) producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820; (9) assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656; (10) incest, as provided in Section 16-15-20; (11) buggery, as provided in Section 16-15-120; (12) violations of Article 3, Chapter 15 of Title 16 involving a child when the violations are felonies; (13) accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40; (14) attempt to commit any of the offenses enumerated herein; or (15) any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the minor's offense should be considered a sex offense. Effect of Amendment The 2012 amendment rewrote subsection (B) to remove references to committing or attempting lewd act upon a child under 16, and add references to criminal sexual conduct with minors in the third degree; and made other nonsubstantive changes.
S.C. Code Ann. § 63-17-3070 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3070
SECTION 63-17-3070. Multiple tribunals.
Status: in_force

(A) If a proceeding is brought under this article and only one tribunal has issued a child-support order, the order of that tribunal controls and must be recognized. (B) If a proceeding is brought under this article, and two or more child-support orders have been issued by tribunals of this State, another state, or a foreign country with regard to the same obligor and same child, a tribunal of this State having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized: (1) if only one of the tribunals would have continuing, exclusive jurisdiction under this article, the order of that tribunal controls; (2) if more than one of the tribunals would have continuing, exclusive jurisdiction under this article: (a) an order issued by a tribunal in the current home state of the child controls; or (b) if an order has not been issued in the current home state of the child, the order most recently issued controls; or (3) if none of the tribunals would have continuing, exclusive jurisdiction under this article, the tribunal of this State shall issue a child-support order, which controls. (C) If two or more child-support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this State having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (B). The request may be filed with a registration for enforcement or registration for modification pursuant to Part VI, or may be filed as a separate proceeding. (D) A request to determine which is the controlling order must be accompanied by a copy of every child-support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. (E) The tribunal that issued the controlling order under subsection (A), (B), or (C) has continuing jurisdiction to the extent provided in Section 63-17-3050 or 63-17-3060. (F) A tribunal of this State that determines by order which is the controlling order under subsection (B)(1) or (2) or (C), or that issues a new controlling order under subsection (B)(3), shall state in that order: (1) the basis upon which the tribunal made its determination; (2) the amount of prospective support, if any; and (3) the total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by Section 63-17-3090. (G) Within thirty days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order. (H) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this article. Effect of Amendment 2015 Act No. 33, SECTION 1, in (A), inserted "so" before "recognized"; in (B), substituted ", another state, or a foreign country" for "or another state", and inserted "and must be recognized" at the end; in (B)(1), deleted "and must be so recognized" from the end; in (B)(2)(a), substituted "or" for "but" at the end; in (B)(2)(b), inserted "or" at the end; in (C), inserted "that is" before "a support enforcement agency"; and made nonsubstantive changes in (B).
S.C. Code Ann. § 63-19-400 — SC Code / Title 63 / Chapter 19 / Article 3 / Section 63-19-400
SECTION 63-19-400. Gifts.
Status: in_force

The department may accept gifts, donations, or contributions and may receive devises and bequests. These acquisitions must be used for the purposes specified by the donors.
S.C. Code Ann. § 63-17-420 — SC Code / Title 63 / Chapter 17 / Article 3 / Section 63-17-420
SECTION 63-17-420. Out of session proceedings.
Status: in_force

If a respondent is arrested under a warrant of the court at a time when the court is not in session, he shall be taken to the most accessible magistrate and arraigned before him. The production of the warrant shall be evidence of the filing of proper information, and the magistrate shall thereupon hold the respondent, admit him to bond, or parole him for trial before the court. All subsequent proceedings shall be had in the court.
S.C. Code Ann. § 63-7-2760 — SC Code / Title 63 / Chapter 7 / Article 8 / Section 63-7-2760
SECTION 63-7-2760. Administrative case review; development of transition plan.
Status: in_force

(A) The department shall establish a developmentally appropriate administrative process to review the case of a child who remains under the placement and care responsibility or in the legal custody of the department beyond the child's eighteenth birthday pursuant to Section 63-7-2730(B) or 63-7-2750. (B) The department or a contracted provider must conduct an administrative case review no less frequently than once every six months to promote the development of a transition plan designed to help the child acquire the skills necessary to live independently or to promote the delivery of supportive services for the child who, due to physical, intellectual, emotional, or psychiatric impairment, cannot live independently. (C) Administrative case reviews must include the child and if the child consents, the child's parents, and any other supportive adult identified by the child. (D) The panel conducting the administrative case review shall present its findings and conclusions to all parties who are entitled to participate in the administrative case review in a written report on a form approved by the department. Editor's Note 2022 Act No. 143, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor and is contingent upon funding in the general appropriations bill."
S.C. Code Ann. § 63-15-360 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-360
SECTION 63-15-360. Enforcement of registered order.
Status: in_force

(A) A court of this State may grant any relief normally available under the law of this State to enforce a registered child custody determination made by a court of another state. (B) A court of this State shall recognize and enforce, but may not modify, except in accordance with Subarticle 2, a registered child custody determination of a court of another state.
S.C. Code Ann. § 63-15-220 — SC Code / Title 63 / Chapter 15 / Article 2 / Section 63-15-220
SECTION 63-15-220. Parenting plans.
Status: in_force

(A) At all temporary hearings where custody is contested, each parent must prepare, file, and submit to the court a parenting plan, which reflects parental preferences, the allocation of parenting time to be spent with each parent, and major decisions, including, but not limited to, the child's education, medical and dental care, extracurricular activities and religious training. However, the parties may elect to prepare, file, and submit a joint parenting plan. The court shall issue temporary and final custody orders only after considering these parenting plans; however, the failure by a party to submit a parenting plan to the court does not preclude the court from issuing a temporary or final custody order. (B) At the final hearing, either party may file and submit an updated parenting plan for the court's consideration. (C) The South Carolina Supreme Court shall develop rules and forms for the implementation of the parenting plan.
S.C. Code Ann. § 63-13-840 — SC Code / Title 63 / Chapter 13 / Article 7 / Section 63-13-840
SECTION 63-13-840. Inspections of family childcare homes.
Status: in_force

(A) When the department visits a family childcare home for purposes of an inspection or investigation pursuant to Section 63-13-80(A), it shall conduct the review to ensure the facility complies with the following: (1) health and safety of the children; (2) no evidence of child abuse; and (3) enrollment within the limits set forth in this chapter. (B) If a complaint received by the department concerning a family childcare home pursuant to Section 63-13-80 indicates that the child has been abused, the department shall carry out its responsibility as authorized under Chapter 7. If the visits and inspections verify conditions detrimental to the health and safety of the children or overenrollment, the department shall carry out its responsibility as authorized pursuant to Section 63-13-160 and Section 63-13-830(C). Effect of Amendment 2014 Act No. 295, SECTION 3, rewrote the section.
S.C. Code Ann. § 63-17-400 — SC Code / Title 63 / Chapter 17 / Article 3 / Section 63-17-400
SECTION 63-17-400. Service of warrant.
Status: in_force

When a petition is presented to the court and it shall appear that: (1) the summons or rule to show cause cannot be served; or (2) the respondent has failed to obey the summons or rule to show cause; or (3) the respondent is likely to leave the jurisdiction; or (4) a summons or rule to show cause would be ineffectual; or (5) the safety of the petitioner is endangered; or (6) a respondent on bond or on probation has failed to appear, the court may issue a warrant, in the form prescribed in Section 63-17-410, directing that the respondent be arrested and brought before the court. Warrants and other processes may be served by any peace officer, or by the probation counselor. The court shall make rules relative to the service of warrants. Warrants issued by the court shall be valid throughout the State. The judge may issue ex parte orders for temporary child support, temporary custody and restraining orders where conditions warrant.
S.C. Code Ann. § 63-19-10 — SC Code / Title 63 / Chapter 19 / Article 1 / Section 63-19-10
SECTION 63-19-10. Short title.
Status: in_force

This chapter may be cited as the "Juvenile Justice Code".
S.C. Code Ann. § 63-9-1510 — SC Code / Title 63 / Chapter 9 / Article 5 / Section 63-9-1510
SECTION 63-9-1510. Statewide adoption exchange.
Status: in_force

(A) The State Department of Social Services shall establish, either directly or through purchase of services, a statewide adoption exchange with a photograph listing component. (B) The adoption exchange must be available to serve all authorized, licensed child-placing agencies in the State as a means of recruiting adoptive families for any child who meets one or more of the following criteria: (1) the child is legally free for adoption; (2) the child has been permanently committed to the department or to a licensed child-placing agency; (3) the court system requires identification of an adoptive family for the child before ties to the biological parents are severed; (4) the department has identified adoption as the child's treatment plan. (C) The department shall register with the adoption exchange each child in its care who meets any one or more of the above criteria and for whom no adoptive family has been identified. This registration must be made at least thirty days from the determination date of the child's adoptable status and updated at least monthly. (D) If an adoption plan has not been made within at least three months from the determination date of the child's adoptable status, the department shall provide the adoption exchange with a photograph, description of the child, and any other necessary information for the purpose of recruitment of an adoptive family for the child, including registration with the photograph listing component of the exchange which must be updated monthly. The department shall establish criteria by which a determination may be made that recruitment or photograph listing is not required for a child. The department also shall establish procedures for monitoring the status of children for whom that determination is made. (E) In accordance with guidelines established by the department, the adoption exchange may accept from licensed child-placing agencies, referrals and registration for recruitment and photograph listing of children meeting the criteria of this section. (F) The department shall refer appropriate children to regional and national exchanges when an adoptive family has not been identified within one hundred eighty days of the determination of the child's adoptable status. The department shall establish criteria by which a determination may be made that a referral to regional or national exchanges is not necessary, and the department shall monitor the status of those children not referred. (G) The department shall provide orientation and training to appropriate staff regarding the adoption exchange procedures and utilization of the photograph listing component.
S.C. Code Ann. § 63-15-502 — SC Code / Title 63 / Chapter 15 / Article 5 / Section 63-15-502
SECTION 63-15-502. Definitions.
Status: in_force

As used in this article: (1) "Adult" means an individual who is at least eighteen years of age or an emancipated minor. (2) "Caretaking authority" means the right to live with and care for a child on a day-to-day basis, including physical custody, parenting time, right to access, and visitation. (3) "Child" means: (a) an unemancipated individual who has not attained eighteen years of age; or (b) an adult son or daughter by birth or adoption or under the law of this State, other than this article, who is the subject of an existing court order concerning custodial responsibility. (4) "Close and substantial relationship" means a relationship in which a significant bond exists between a child and a nonparent. (5) "Court" means an entity authorized under the law of this State, other than this article, to establish, enforce, or modify a decision regarding custodial responsibility. (6) "Custodial responsibility" is a comprehensive term that includes any and all powers and duties relating to caretaking authority and decision-making authority for a child. The term includes custody, physical custody, legal custody, parenting time, right to access, visitation, and the authority to designate limited contact with a child. (7) "Decision-making authority" means the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extra-curricular activities, and travel. The term does not include day-to-day decisions that necessarily accompany a grant of caretaking authority. (8) "Deploying parent" means a service member, who is deployed or has been notified of impending deployment, and is: (a) a parent of a child under the law of this State other than this article; or (b) an individual other than a parent who has custodial responsibility of a child under the law of this State other than this article; (9) "Deployment" means the movement or mobilization of a service member to a location for more than ninety days but fewer than eighteen months pursuant to an official order that: (a) is designated as unaccompanied; (b) does not authorize dependent travel; or (c) otherwise does not permit the movement of family members to that location. (10) "Family member" includes a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child and an individual recognized to be in a familial relationship with a child under the law of this State other than this article. (11) "Limited contact" means the opportunity for a nonparent to visit with a child for a limited period of time. The term includes authority to take the child to a place other than the residence of the child. (12) "Nonparent" means an individual other than a deploying parent or other parent. (13) "Other parent" means an individual who, in common with a deploying parent, is: (a) the parent of a child under the law of this State other than this article; or (b) an individual other than a parent with custodial responsibility of a child under the law of this State other than this article. (14) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (15) "Return from deployment" means the conclusion of a service member's deployment as specified in uniformed service orders. (16) "Service member" means a member of a uniformed service. (17) "Sign" means, with present intent to authenticate or adopt a record to: (a) execute or adopt a tangible symbol; or (b) attach to or logically associate with the record an electronic symbol, sound, or process. (18) "State" means a state of the United States, the District of Columbia, Puerto Rico, and the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. (19) "Uniformed service" means: (a) active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States; (b) the Merchant Marine, the commissioned corps of the Public Health Service or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or (c) the National Guard.
S.C. Code Ann. § 63-7-2870 — SC Code / Title 63 / Chapter 7 / Article 9 / Section 63-7-2870
SECTION 63-7-2870. Promulgation of regulations.
Status: in_force

The department may promulgate regulations as necessary to implement the provisions of this article, including regulations targeting certain age groups for participation in this program, conditions for legal guardians, and child support enforcement regarding the child's parents.
S.C. Code Ann. § 63-3-510 — SC Code / Title 63 / Chapter 3 / Article 5 / Section 63-3-510
SECTION 63-3-510. Exclusive original jurisdiction.
Status: in_force

See Editor's Note for contingency. (A) Except as otherwise provided herein, the court shall have exclusive original jurisdiction and shall be the sole court for initiating action: (1) Concerning any child living or found within the geographical limits of its jurisdiction: (a) who is neglected as to proper or necessary support or education as required by law, or as to medical, psychiatric, psychological, or other care necessary to his well-being, or who is abandoned by his parent or other custodian; (b) whose occupation, behavior, condition, environment, or associations are such as to injure or endanger his welfare or that of others; (c) who is beyond the control of his parent or other custodian; (d) who is alleged to have violated or attempted to violate any state or local law or municipal ordinance, regardless of where the violation occurred except as provided in Section 63-3-520; (e) whose custody is the subject of controversy, except in those cases where the law now gives other courts concurrent jurisdiction. In the consideration of these cases, the court shall have concurrent jurisdiction to hear and determine the issue of custody and support. (2) For the treatment or commitment to any mental institution of a mentally defective or mentally disordered or emotionally disturbed child. Provided, that nothing herein is intended to conflict with the authority of probate courts in dealing with mental cases. (3) Concerning any person eighteen years of age or over, living or found within the geographical limits of the court's jurisdiction, alleged to have violated or attempted to violate any state or local law or municipal ordinance prior to having become eighteen years of age and such person shall be dealt with under the provisions of this title relating to children. (4) For the detention of a juvenile in a juvenile detention facility who is charged with committing a criminal offense when detention in a secure facility is found to be necessary pursuant to the standards set forth in Section 63-19-820 and when the facility exists in, or is otherwise available to, the county in which the crime occurred. (5) When concurrent jurisdiction has been established pursuant to Section 3-1-150(B), the court has exclusive original jurisdiction over any case involving a juvenile who is alleged to be delinquent as the result of an act committed within the boundaries of a military installation that is a crime or infraction under state law, except as provided in Section 63-19-1210 as it relates to waiver procedures to the circuit court. (B) Whenever the court has acquired the jurisdiction of any child under eighteen years of age, jurisdiction continues so long as, in the judgment of the court, it may be necessary to retain jurisdiction for the correction or education of the child, but jurisdiction shall terminate when the child attains the age of twenty-two years. Any child who has been adjudicated delinquent and placed on probation by the court remains under the authority of the court only until the expiration of the specified term of his probation. This specified term of probation may expire before but not after the twentieth birthday of the child. Editor's Note 2016 Act No. 268, SECTION 12, provides as follows: "SECTION 12. Section 10 of this act takes effect upon approval by the Governor. Sections 1 through 9 and Section 11 of this act take effect on July 1, 2019, contingent upon the Department of Juvenile Justice having received any funds that may be necessary for implementation. If the report submitted to the General Assembly on September 1, 2017, reflects any additional funds needed by the Department of Juvenile Justice to ensure implementation will be possible on July 1, 2019, the department shall include these funds in its budget requests to the General Assembly as part of Fiscal Years 2017-2018 and 2018-2019. Beginning on September 1, 2017, all state and local agencies and courts involved with the implementation of the provisions of this act may begin undertaking and executing any and all applicable responsibilities so that the provisions of this act may be fully implemented on July 1, 2019." Effect of Amendment 2016 Act No. 268, SECTION 1, in (A)(3), substituted "any person eighteen years of age or over" for "any child seventeen years of age or over", and substituted "having become eighteen years of age" for "having become seventeen years of age"; in (B), substituted "any child under eighteen years of age" for "any child under seventeen years of age", substituted "child attains the age of twenty-two years" for "child attains the age of twenty-one years", and substituted "not after the twentieth birthday of the child" for "not after the eighteenth birthday of the child"; and made other nonsubstantive changes. 2025 Act No. 54, SECTION 1, added (a)(5).
S.C. Code Ann. § 63-19-610 — SC Code / Title 63 / Chapter 19 / Article 5 / Section 63-19-610
SECTION 63-19-610. Board.
Status: in_force

(A)(1) There is created the Board of Juvenile Parole. The parole board is composed of seven members appointed by the Governor with the advice and consent of the Senate. In making these appointments, the Governor shall select members who are representative of the racial, gender, and geographical diversity of the State. If a vacancy occurs on the parole board when the Senate is not in session, the Governor may appoint a member to fill the vacancy and the appointee is a de facto member until the Senate acts upon the appointment. (2) The Department of Juvenile Justice shall continue to provide to the Board of Juvenile Parole the budgetary, fiscal, personnel, and training information resources and other support considered necessary by the parole board to perform its mandated functions. (B) Members of the parole board shall serve four-year terms and until their successors are appointed and qualify and these terms expire on June thirtieth of the appropriate year. (C) No member may be reappointed to the parole board until two years after the expiration of a full four-year term. 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 The 2012 amendment rewrote subsection (A).
S.C. Code Ann. § 63-7-420 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-420
SECTION 63-7-420. Abrogation of privileged communication; exceptions.
Status: in_force

The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client or clergy member, including Christian Science Practitioner or religious healer, and penitent, is abrogated and does not constitute grounds for failure to report or the exclusion of evidence in a civil protective proceeding resulting from a report pursuant to this article. However, a clergy member, including Christian Science Practitioner or religious healer, must report in accordance with this subarticle except when information is received from the alleged perpetrator of the abuse and neglect during a communication that is protected by the clergy and penitent privilege as provided for in Section 19-11-90.
S.C. Code Ann. § 63-3-810 — SC Code / Title 63 / Chapter 3 / Article 7 / Section 63-3-810
SECTION 63-3-810. Appointment.
Status: in_force

(A) In a private action before the family court in which custody or visitation of a minor child is an issue, the court may appoint a guardian ad litem only when it determines that: (1) without a guardian ad litem, the court will likely not be fully informed about the facts of the case and there is a substantial dispute which necessitates a guardian ad litem; or (2) both parties consent to the appointment of a guardian ad litem who is approved by the court. (B) The court has absolute discretion in determining who will be appointed as a guardian ad litem in each case. A guardian ad litem must be appointed to a case by a court order.
S.C. Code Ann. § 63-11-530 — SC Code / Title 63 / Chapter 11 / Article 5 / Section 63-11-530
SECTION 63-11-530. Guardian ad litem to represent best interests of the child; removal of volunteer guardian ad litem.
Status: in_force

(A)(1) The guardian ad litem is charged in general with the duty of representation of the child's best interests. After appointment by the family court to a case involving an abused or neglected child, the guardian ad litem shall receive appropriate notice of all court hearings and proceedings regarding the child. The obligation of the guardian ad litem to the court is a continuing one and continues until formally relieved by the court. (2) The South Carolina Guardian ad Litem Program, or a county guardian ad litem program operating pursuant to Section 63-11-500, whichever is appropriate, may intervene in an abuse or neglect proceeding in order to petition the court to relieve the volunteer, lay guardian ad litem from appointment for the following reasons: (a) incapacity; (b) conflict of interest; (c) misconduct; (d) persistent neglect of duties; (e) incompetence; or (f) a knowing and wilful violation of program policies and procedures that affect the health, safety, and welfare of the child. (3) The court shall determine what is in the best interest of the child when ruling on the petition. (B) The guardian ad litem is authorized to: (1) conduct an independent assessment of the facts; (2) confer with and observe the child involved; (3) interview persons involved in the case; (4) participate on any multidisciplinary evaluation team for the case on which the guardian ad litem has been appointed; (5) make recommendations to the court concerning the child's welfare; (6) make motions necessary to enforce the orders of the court, seek judicial review, or petition the court for relief on behalf of the child. (C) The guardian ad litem is authorized through counsel to introduce, examine, and cross-examine witnesses in any proceeding involving the child and participate in the proceedings to any degree necessary to represent the child adequately. Effect of Amendment The 2009 amendment designated subparagraph (A)(1) and added subparagraphs (A)(2) and (A)(3) relating to relieving a volunteer, lay guardian ad litem from appointment.
S.C. Code Ann. § 63-9-1110 — SC Code / Title 63 / Chapter 9 / Article 1 / Section 63-9-1110
SECTION 63-9-1110. Adoption by stepparent or relative.
Status: in_force

Any person may adopt his spouse's child, and any person may adopt a child to whom he is related by blood or marriage. In the adoption of these children: (1) no investigation or report required under the provisions of Section 63-9-520 is required unless otherwise directed by the court; (2) no accounting by the petitioner of all disbursements required under the provisions of Section 63-9-740 is required unless the accounting is ordered by the court; (3) upon good cause shown, the court may waive the requirement, pursuant to Section 63-9-750, that the final hearing must not be held before ninety days after the filing of the adoption petition; (4) upon good cause shown, the court may waive the requirement, pursuant to Section 63-9-320(A)(2), of the appointment of independent counsel for an indigent parent; and (5) upon good cause shown, the court may waive the requirement, pursuant to Section 63-9-60(B)(3), that the adoption proceeding must be finalized in this State. Effect of Amendment The 2010 amendment added subsection (5), relating to the waiver of finalization of adoption proceedings in South Carolina. 2018 Act No. 144, SECTION 3, in (5), substituted "Section 63-9-60(B)(3)" for "Section 63-9-60(A)(2)".
S.C. Code Ann. § 63-11-1970 — SC Code / Title 63 / Chapter 11 / Article 19 / Section 63-11-1970
SECTION 63-11-1970. Subpoena power.
Status: in_force

When necessary in the discharge of the duties of the department and upon application of the department, the clerks of court shall issue a subpoena or subpoena duces tecum to any state, county, or local agency, board, or commission or to any representative of any state, county, or local agency, board, or commission or to a provider of medical care to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other relevant records to the discharge of the department's duties. Failure to obey a subpoena or subpoena duces tecum issued pursuant to this section may be punished as contempt.
S.C. Code Ann. § 63-15-366 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-366
SECTION 63-15-366. Service of petition and order.
Status: in_force

Except as otherwise provided in Section 63-15-370, the petition and order must be served, by any method authorized by the law of this State, upon respondent and any person who has physical custody of the child.
S.C. Code Ann. § 63-15-358 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-358
SECTION 63-15-358. Registration of out-of-state custody order.
Status: in_force

(A) A child custody determination issued by a court of another state may be registered in this State, with or without a simultaneous request for enforcement, by sending to the appropriate court in this State: (1) a letter or other document requesting registration; (2) two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and (3) except as otherwise provided in Section 63-15-346, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered. (B) On receipt of the documents required by subsection (A), the registering court shall: (1) cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and (2) serve notice upon the persons named pursuant to subsection (A)(3) and provide them with an opportunity to contest the registration in accordance with this section. (C) The notice required by subsection (B)(2) must state that: (1) a registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this State; (2) a hearing to contest the validity of the registered determination must be requested within twenty days after service of notice; and (3) failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted. (D) A person seeking to contest the validity of a registered order must request a hearing within twenty days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that: (1) the issuing court did not have jurisdiction under Subarticle 2; (2) the child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under Subarticle 2; or (3) the person contesting registration was entitled to notice, but notice was not given in accordance with the standards of Section 63-15-314, in the proceedings before the court that issued the order for which registration is sought. (E) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation. (F) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
S.C. Code Ann. § 63-13-620 — SC Code / Title 63 / Chapter 13 / Article 5 / Section 63-13-620
SECTION 63-13-620. Statement of approval requirements.
Status: in_force

(A) Application for a statement of standard conformity or approval must be made on forms supplied by the department and in the manner it prescribes. (B) Before issuing approval the department shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a public childcare center or group childcare home. If the results of the investigation verify that the provisions of the chapter and the applicable regulations promulgated by the department are satisfied, approval must be issued. The applicant shall cooperate with the investigation and inspections by providing access to the physical plant, records, and staff. The investigation and related inspections may involve consideration of any facts, conditions, or circumstances relevant to the operation of the childcare center or group childcare home, including references and other information about the character and quality of the personnel. If the childcare center or group childcare home fails to comply with the regulations promulgated by the department within the time period specified in this chapter, if adequate notification regarding deficiencies has been given, the appropriate public officials of the state and local government must be notified. (C) A person applying for approval under this section shall undergo a state fingerprint-based background check to be conducted by the State Law Enforcement Division to determine any state criminal history, a fingerprint-based background check to be conducted by the Federal Bureau of Investigation to determine any other criminal history, a Central Registry check to be conducted by the department to determine any abuse or neglect perpetrated by the person upon a child, and a search of the National Crime Information Center National Sex Offender Registry and the state sex offender registry pursuant to Section 23-3-430. The person shall be subject to a state criminal register or repository check, a state sex offender check, and a state child abuse and neglect registry and database check in each state where the person has lived in the previous five years. The fingerprint-based background checks required by this subsection are required to be repeated every five years. (D)(1) No approval may be granted under this section if the person applying for approval or the operator, an employee, or a caregiver of the facility has been convicted of any of the offenses included in Section 63-13-40(A)(1). (2) This section does not prohibit approval when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited as an applicant or to be an operator, caregiver, or employee. (E) Application forms for a statement of standard conformity or approval issued under this section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in Section 63-13-40(A)(1) who applies for approval is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both. (F) Application forms for a statement of standard conformity or approval issued under this chapter by the department and application forms for employment at individual public childcare centers or group childcare homes must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the offenses included in Section 63-13-40(A)(1) who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both. (G) The South Carolina Law Enforcement Division and the Federal Bureau of Investigation are authorized to retain and store fingerprints for further use in the identification of persons, including, but not limited to, use in identifying unsolved latent prints. The South Carolina Law Enforcement Division and the Federal Bureau of Investigation are authorized to provide the department with current and future information regarding the fingerprints stored, including arrests, convictions, dispositions, warrants, and other information available to the South Carolina Law Enforcement Division and the Federal Bureau of Investigation, such as civil and criminal information. The prospective employee or childcare facility shall be responsible for any fees associated with any and all required background checks. Fees shall not exceed the actual cost of processing and administration. Effect of Amendment 2019 Act No. 52, SECTION 5, rewrote (C); in (D), inserted the (1) identifier, inserted "any of the offenses included in Section 63-13-40(A)(1)", deleted (1) to (6), which related to specific crimes, and inserted the (2) identifier; in (E), substituted "Section 63-13-40(A)(1)" for "subsection (D)"; in (F), substituted "offenses included in Section 63-13-40(A)(1)" for "crimes listed in this section"; and added (G). 2024 Act No. 195, SECTION 11, in (C), in the first sentence, substituted "fingerprint-based background check" for "fingerprint review" in two places, and in the third sentence, substituted "fingerprint-based background checks" for "fingerprint reviews".
S.C. Code Ann. § 63-7-1660 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1660
SECTION 63-7-1660. Services with removal.
Status: in_force

(A) Upon investigation of a report received under Section 63-7-310 or at any time during the delivery of services by the department, the department may petition the family court to remove the child from custody of the parent, guardian, or other person legally responsible for the child's welfare if the department determines by a preponderance of evidence that the child is an abused or neglected child and that the child cannot be safely maintained in the home in that he cannot be protected from unreasonable risk of harm affecting the child's life, physical health, safety, or mental well-being without removal. If a noncustodial parent is not named as a party in the removal petition, the agency shall exercise every reasonable effort to promptly notify the noncustodial parent that a removal proceeding has been initiated and of the date and time of any hearings scheduled pursuant to this section. (B)(1) The petition shall contain a full description of the reasons why the child cannot be protected adequately in the custody of the parent or guardian, including facts supporting the department's allegation that the child is an abused or neglected child as defined in Section 63-7-20 and that retention of the child in or return of the child to the home would place the child at unreasonable risk of harm affecting the child's life, physical health or safety, or mental well-being and the child cannot reasonably be protected from this harm without being removed, a description of the condition of the child, any previous efforts to work with the parent or guardian, in-home treatment programs which have been offered and proven inadequate, and the attitude of the parent or guardian towards placement of the child in an alternative setting. The petition also shall contain a statement of the harms the child is likely to suffer as a result of removal and a description of the steps that will be taken to minimize the harm to the child that may result upon removal. (2) The petition for removal may include a petition for termination of parental rights. The petition for removal must include a petition for termination of parental rights if court records or other evidence indicate the existence of one or more of the conditions set forth in Section 63-7-1640(C)(1) through (8), unless there are compelling reasons for believing that termination of parental rights would be contrary to the best interests of the child. (C)(1) Whether or not the petition for removal includes a petition for termination of parental rights, the petition shall contain a notice informing the parents of the potential effect of the hearing on their parental rights and a notice to all interested parties that objections to the sufficiency of a placement plan, if ordered, or of any recommendations for provisions in the plan or court order must be raised at the hearing. The notice must be printed in boldface print or in all upper case letters and set off in a box. (2) If the petition includes a petition for termination of parental rights, the notice shall state: "As a result of this hearing, you could lose your rights as a parent". (3) If the petition does not include a petition for termination of parental rights, the notice shall state: "At this hearing the court may order a treatment plan. If you fail to comply with the plan, you could lose your rights as a parent". (D) Upon receipt of a removal petition under this section, the family court shall schedule a hearing to be held within thirty-five days of the date of receipt to determine whether removal is necessary. The parties to the petition must be served with a summons and notices of right to counsel and the hearing date and time along with the petition. Personal jurisdiction over the parties is effected if they are served at least seventy-two hours before the hearing. No responsive pleading to the petition is required. The court may authorize service by publication in appropriate cases and may waive the thirty-five days requirement when necessary to achieve service. A party may waive service or appear voluntarily. (E) The court shall not order that a child be removed from the custody of the parent or guardian unless the court finds that the allegations of the petition are supported by a preponderance of evidence including a finding that the child is an abused or neglected child as defined in Section 63-7-20 and that retention of the child in or return of the child to the home would place the child at unreasonable risk of harm affecting the child's life, physical health or safety, or mental well-being and the child cannot reasonably be protected from this harm without being removed. (F)(1) It is presumed that a newborn child is an abused or neglected child as defined in Section 63-7-20 and that the child cannot be protected from further harm without being removed from the custody of the mother upon proof that: (a) a blood or urine test of the child at birth or a blood or urine test of the mother at birth shows the presence of any amount of a controlled substance or a metabolite of a controlled substance unless the presence of the substance or the metabolite is the result of medical treatment administered to the mother of the infant or the infant, or (b) the child has a medical diagnosis of fetal alcohol syndrome; and (c) a blood or urine test of another child of the mother or a blood or urine test of the mother at the birth of another child showed the presence of any amount of a controlled substance or a metabolite of a controlled substance unless the presence of the substance or the metabolite was the result of medical treatment administered to the mother of the infant or the infant, or (d) another child of the mother has the medical diagnosis of fetal alcohol syndrome. (2) This presumption may be rebutted by proof that the father or another adult who will assume the role of parent is available and suitable to provide care for the child in the home of the mother. The father or the other adult must be made a party to the action and subject to the court's order establishing the conditions for maintaining the child in the mother's home. This statutory presumption does not preclude the court from ordering removal of a child upon other proof of alcohol or drug abuse or addiction by the parent or person responsible for the child who has harmed the child or threatened the child with harm. (G) If the court removes custody of the child, the court's order shall contain a finding by the court of whether reasonable efforts were made by the department to prevent removal of the child and a finding of whether continuation of the child in the home would be contrary to the welfare of the child. The order shall state: (1) the services made available to the family before the removal of the child and how they related to the needs of the family; (2) the efforts of the agency to provide these services to the family before removal; (3) why the efforts to provide services did not eliminate the need for removal; and (4) whether the efforts to eliminate the need for removal were reasonable including, but not limited to, whether they were reasonably available and timely, reasonably adequate to address the needs of the family, reasonably adequate to protect the child and realistic under the circumstances. If the department's first contact with the child occurred under such circumstances that reasonable services would not have allowed the child to remain safely in the home, the court shall find that removal of the child without services or without further services was reasonable. (H)(1) If the court removes custody of the child and there is a pending petition for termination of parental rights filed by the department, the department shall promptly exercise and document every reasonable effort to promote and expedite an adoptive placement and the adoption of the child, and the department must not delay adoption planning because of a pending termination of parental rights action or because of an upcoming permanency planning hearing. (2) If at any time after the court removes custody of the child and the department files a petition for termination of parental rights, then the department promptly shall exercise and document every reasonable effort to promote and expedite an adoptive placement and the adoption of the child prior to any permanency planning or termination of parental rights hearing, and the department must not delay adoption planning because of a pending termination of parental rights action or because of an upcoming permanency planning hearing. Effect of Amendment The 2010 amendment added the second sentence to subparagraph (B)(2), relating to when a petition for removal must include a petition for termination of parental rights. 2023 Act No. 80, SECTION 5, added (H).
S.C. Code Ann. § 63-17-1590 — SC Code / Title 63 / Chapter 17 / Article 11 / Section 63-17-1590
SECTION 63-17-1590. Authority to promulgate regulations.
Status: in_force

The Office of Court Administration after consultation with the Department of Social Services is authorized to promulgate those regulations necessary to implement this subarticle.
S.C. Code Ann. § 63-11-780 — SC Code / Title 63 / Chapter 11 / Article 7 / Section 63-11-780
SECTION 63-11-780. Petitions for relief.
Status: in_force

A person or agency aggrieved by an action or recommendation of a local review board may seek relief by petition to the family court of that county which shall issue a rule to show cause why the action or recommendation of the local review board should not be set aside or modified.
S.C. Code Ann. § 63-7-750 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-750
SECTION 63-7-750. Doctor or hospital may detain child; civil immunity.
Status: in_force

(A) A physician or hospital to which a child has been brought for treatment may detain the child for up to twenty-four hours without the consent of the person responsible for the child's welfare if the physician or hospital: (1) has reason to believe that the child has been abused or neglected; (2) has made a report to a law enforcement agency and the department pursuant to Section 63-7-310, stating the time the physician notified the agency or department that the child was being detained until a law enforcement officer could arrive to determine whether the officer should take emergency physical custody of the child pursuant to Subarticle 3; and (3) has reason to believe that release of the child to the child's parent, guardian, custodian, or caretaker presents an imminent danger to the child's life, health, or physical safety. A hospital must designate a qualified person or persons within the hospital who shall have sole authority to detain a child on behalf of the hospital. (B) A physician or hospital that detains a child in good faith as provided in this section is immune from civil or criminal liability for detaining the child.
S.C. Code Ann. § 63-15-352 — SC Code / Title 63 / Chapter 15 / Article 3 / Section 63-15-352
SECTION 63-15-352. Enforcement under Hague Convention.
Status: in_force

Under this subarticle a court of this State may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
S.C. Code Ann. § 63-11-1920 — SC Code / Title 63 / Chapter 11 / Article 19 / Section 63-11-1920
SECTION 63-11-1920. Department established.
Status: in_force

There is created within the State Law Enforcement Division (SLED) the Department of Child Fatalities which is under the supervision of the Chief of SLED.
S.C. Code Ann. § 63-17-3240 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3240
SECTION 63-17-3240. Forwarding of petition.
Status: in_force

(A) Upon the filing of a petition authorized by this article, an initiating tribunal of this State shall forward the petition and its accompanying documents: (1) to the responding tribunal or appropriate support enforcement agency in the responding state; or (2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. (B) If requested by the responding tribunal, a tribunal of this State shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this State shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal. Effect of Amendment 2015 Act No. 33, SECTION 1, in (B), substituted "If the responding tribunal is in a foreign country, upon request the tribunal of this State" for "If the responding state is a foreign country or political subdivision, upon request the tribunal"; and inserted "foreign tribunal" at the end.
S.C. Code Ann. § 63-3-350 — SC Code / Title 63 / Chapter 3 / Article 3 / Section 63-3-350
SECTION 63-3-350. Physical facilities.
Status: in_force

Each county shall provide sufficient physical facilities for the operation of the statewide Family Court system in that county, including facilities necessary for the provision of intake and probation services by the Department of Juvenile Justice.
S.C. Code Ann. § 63-17-3860 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3860
SECTION 63-17-3860. Filing order.
Status: in_force

Within thirty days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. Effect of Amendment 2015 Act No. 33, SECTION 1, reenacted this section with no change. Subpart 4 Registration and Modification of Foreign Child-Support Order
S.C. Code Ann. § 63-17-1870 — SC Code / Title 63 / Chapter 17 / Article 13 / Section 63-17-1870
SECTION 63-17-1870. Order.
Status: in_force

If the obligor does not request a hearing in the time provided, or if a hearing is held and it is determined that the obligee has or is entitled to income withholding under the local law of the jurisdiction which issued the support order, the clerk of court shall issue a notice to withhold under Section 63-17-1450. The clerk of court shall notify the requesting agency or person of the date upon which withholding must begin.
S.C. Code Ann. § 63-5-900 — SC Code / Title 63 / Chapter 5 / Article 7 / Section 63-5-900
SECTION 63-5-900. Citation of article.
Status: in_force

This article may be cited as the "Military Parent Equal Protection Act".
S.C. Code Ann. § 63-5-655 — SC Code / Title 63 / Chapter 5 / Article 6 / Section 63-5-655
SECTION 63-5-655. Validity and effect of transfer.
Status: in_force

(a) The validity of a transfer made in a manner prescribed in this article is not affected by: (1) failure of the transferor to comply with Section 63-5-645(c) concerning possession and control; (2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under Section 63-5-645(a); or (3) death or incapacity of a person nominated under Section 63-5-615 or designated under Section 63-5-645 as custodian or the disclaimer of the office by that person. (b) A transfer made pursuant to Section 63-5-645 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this article, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this article. (c) By making a transfer, the transferor incorporates in the disposition all the provisions of this article and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this article.
S.C. Code Ann. § 63-13-130 — SC Code / Title 63 / Chapter 13 / Article 1 / Section 63-13-130
SECTION 63-13-130. Consultation.
Status: in_force

The department shall offer consultation through employed staff or other qualified person to assist applicants and operators in meeting and maintaining regulations.
S.C. Code Ann. § 63-17-3230 — SC Code / Title 63 / Chapter 17 / Article 23 / Section 63-17-3230
SECTION 63-17-3230. Governing law determination.
Status: in_force

Except as otherwise provided in this article, a responding tribunal of this State shall: (1) apply the procedural and substantive law generally applicable to similar proceedings originating in this State and may exercise all powers and provide all remedies available in those proceedings; and (2) determine the duty of support and the amount payable in accordance with the law and support guidelines of this State. Effect of Amendment 2015 Act No. 33, SECTION 1, reenacted this section with no change.
S.C. Code Ann. § 63-17-740 — SC Code / Title 63 / Chapter 17 / Article 5 / Section 63-17-740
SECTION 63-17-740. Service of notice of financial responsibility.
Status: in_force

(A) The division shall serve a notice of financial responsibility on the obligor not less than thirty days before the date stated in the notice for the negotiation conference: (1) in the manner prescribed for service of process in a civil action; or (2) by an employee appointed by the division to serve process; or (3) by certified mail, return receipt requested, signed by the obligor only. The receipt is prima facie evidence of service. (B) Notice of a rescheduled negotiation conference must be served on the obligor not less than ten days before the date stated in the notice of continuance of negotiation conference.
S.C. Code Ann. § 63-7-1230 — SC Code / Title 63 / Chapter 7 / Article 3 / Section 63-7-1230
SECTION 63-7-1230. Immediate entry in Central Registry of name of person determined to have abused child; notification; challenge.
Status: in_force

When the investigation performed pursuant to this subarticle results in a determination that an individual has harmed a child or threatened a child with harm, as defined in Section 63-7-20, the name of that individual must be entered immediately in the Central Registry of Child Abuse and Neglect. The department must notify the individual in writing by certified mail that his name has been entered in the registry, of his right to request an appeal of the decision to enter his name in the registry, and of the possible ramifications regarding future employment and licensing if he allows his name to remain in the registry. The procedures set forth in Subarticle 9 apply when an individual challenges the entry of his name in the registry and challenges of the entry in the registry pursuant to this section must be given expedited review in the appellate process.