reglab/housing_qa huggingface dataset:
SC Code § 63-7-430 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-430. Civil action for bad faith reporting.

 (A) If the family court determines pursuant to Section 63-7-2000 that a person has made a report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 63-7-440, the department may bring a civil action to recover the costs of the department's investigation and proceedings associated with the investigation, including attorney's fees. The department also is entitled to recover costs and attorney's fees incurred in the civil action authorized by this section. The decision of whether to bring a civil action pursuant to this section is in the sole discretion of the department.  (B) If the family court determines pursuant to Section 63-7-2000 that a person has made a false report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 63-7-440, a person who was subject of the false report has a civil cause of action against the person who made the false report and is entitled to recover from the person who made the false report such relief as may be appropriate, including:  (1) actual damages;  (2) punitive damages; and  (3) a reasonable attorney's fee and other litigation costs reasonably incurred.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-440 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-440. Knowingly making false report.

 (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.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-450 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-450. Department of Social Services to provide information to public.

 (A) The Department of Social Services Protective Services shall inform all persons required to report pursuant to Section 63-7-310(A) of the nature, problem, and extent of child abuse and neglect and of their duties and responsibilities in accordance with this article. The department also, on a continuing basis, shall conduct training programs for department staff and appropriate training for persons required to report pursuant to Section 63-7-310(A).  (B) The department, on a continuing basis, shall inform the public of the nature, problem, and extent of the child abuse and neglect and of the remedial and therapeutic services available to children and their families. The department shall encourage families to seek help consistent with Section 63-7-30.  (C) The department, on a continuing basis, shall actively publicize the appropriate telephone numbers to receive reports of suspected child abuse and neglect, including the twenty-four hour, statewide, toll-free telephone service and respective numbers of the county department offices.  HISTORY: 2008 Act No. 361, Section 2; 2018 Act No. 222 (H.4705), Section 2, eff May 18, 2018.  Effect of Amendment  2018 Act No. 222, Section 2, in (A), substituted "pursuant to Section 63-7-310(A)" for "under this subarticle" in two places.  Subarticle 3  Emergency Protective Custody  DERIVATION TABLE  Showing the sections in former Chapter 7, Title 20 from which the sections in this subarticle were derived.  New  Section Former  Section 63-7-610 20-7-612 63-7-620 20-7-610(A),(B) 63-7-630 20-7-610(C) 63-7-640 20-7-610(D) 63-7-650 20-7-610(E) 63-7-660 20-7-610(F) 63-7-670 20-7-610(G) 63-7-680 20-7-610(H) 63-7-690 20-7-610(I) 63-7-700 20-7-610(J)-(L) 63-7-710 20-7-610(M) 63-7-720 20-7-610(N) 63-7-730 20-7-610(O) 63-7-740 20-7-610(P),(Q) 63-7-750 20-7-618 63-7-760 20-7-610(R)
SC Code § 63-7-610 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-610. Statewide jurisdiction.

 (A) A law enforcement officer investigating a case of suspected child abuse or neglect or responding to a request for assistance by the department as it investigates a case of suspected child abuse or neglect has authority to take emergency protective custody of the child pursuant to this subarticle in all counties and municipalities.  (B) Immediately upon taking emergency protective custody, the law enforcement officer shall notify the local office of the department responsible to the county in which the activity under investigation occurred.  (C) The department shall designate by policy and procedure the local department office responsible for procedures required by this subarticle when a child resides in a county other than the one in which the activity under investigation occurred. The probable cause hearing required by Section 63-7-710 may be held in the county of the child's residence or the county of the law enforcement officer's jurisdiction.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-630 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-630. Notification of Department of Social Services.

 When an officer takes a child into emergency protective custody under this subarticle, the officer immediately shall notify the department. The department shall notify the parent, guardian, or other person exercising temporary or permanent control over the child as early as reasonably possible of the location of the child unless there are compelling reasons for believing that disclosure of this information would be contrary to the best interests of the child.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-640 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-640. Preliminary investigation.

 The department shall conduct within twenty-four hours after the child is taken into emergency protective custody by law enforcement or pursuant to ex parte order a preliminary investigation to determine whether grounds for assuming legal custody of the child exist and whether reasonable means exist for avoiding removal of the child from the home of the parent or guardian or for placement of the child with a relative and means for minimizing the emotional impact on the child of separation from the child's home and family. During this time the department, if possible, shall convene, a meeting with the child's parents or guardian, extended family, and other relevant persons to discuss the family's problems that led to intervention and possible corrective actions, including placement of the child.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-650 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-650. Risk assessment before placement; opportunity to be licensed as kinship foster parent.

 (A) Before agreeing to or acquiescing in a corrective action that involves placement of the child with a relative or other person or making an interim placement with a relative while retaining custody of the child or as soon as possible after agreeing to or acquiescing in a corrective action, the department shall secure from the relative or other person and other adults in the home an affidavit attesting to information necessary to determine whether a criminal history or history of child abuse or neglect exists and whether this history indicates there is a significant risk that the child would be threatened with abuse or neglect in the home of the relative or other person. As soon as possible, the department shall confirm the information supplied in the affidavit by checking the Central Registry of Child Abuse and Neglect, other relevant department records, county sex offender registries, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the relative or other person resides and, to the extent reasonably possible, jurisdictions in which the relative or other person has resided during that period. The department must not agree to or acquiesce in a placement if the affidavit or these records reveal information indicating there is a significant risk that the child would be threatened with abuse or neglect in the home of the relative or other person. The relative or other person must consent to a check of the above records by the department.  (B) Before making an interim placement of a child with a relative pursuant to this section, the department shall inform the relative about the opportunity to become licensed as a foster parent if the department later determines it is not safe for the child to be returned to the home and the department initiates a removal action pursuant to Section 63-7-1660. The department shall provide the relative general information about the kinship foster parent licensing process and the benefits of licensure, including eligibility for financial assistance and supportive services, and the risk that the relative may be ineligible for that assistance and services if the relative is not licensed as a foster parent.  HISTORY: 2008 Act No. 361, Section 2; 2018 Act No. 146 (H.3701), Section 2, eff April 4, 2018.  Effect of Amendment  2018 Act No. 146, Section 2, inserted the (A) designator, and added (B), requiring the department to explain to a relative about the opportunity to become licensed as a kinship foster parent before making an interim placement of a child.
SC Code § 63-7-660 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-660. Assumption of legal custody.

 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.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-670 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-670. Returning child to parents; alternative procedures.

 If emergency protective custody of the child was taken by a law enforcement officer pursuant to this subarticle, and the department concludes after the preliminary investigation that the child should be returned to the child's parent, guardian, or custodian, the department shall consult with the law enforcement officer who took emergency protective custody unless the department and the law enforcement agency have agreed to an alternative procedure. If the officer objects to the return of the child, the department must assume legal custody of the child until a probable cause hearing can be held. The alternative procedure agreed to by the department and the law enforcement agency may provide that the child must be retained in custody if the officer cannot be contacted, conditions under which the child may be returned home if the officer cannot be contacted, other persons within the law enforcement agency who are to be consulted instead of the officer, or other procedures. If no alternative procedure has been agreed to and the department is unable to contact the law enforcement officer after reasonable efforts to do so, the department shall consult with the officer's designee or the officer's agency.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-680 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-680. Emergency protective custody extension.

 The period of emergency protective custody may be extended for up to twenty-four additional hours if:  (1) the department concludes that the child is to be placed with a relative or other person instead of taking legal custody of the child;  (2) the department requests the appropriate law enforcement agency to check for records concerning the relative or other person, or any adults in that person's home; and  (3) the law enforcement agency notifies the department that the extension is needed to enable the law enforcement agency to complete its record check before the department's decision on whether to take legal custody of the child.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-690 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-690. Relative placement.

 (A) If within the twenty-four hours following removal of the child:  (1) the department has identified a specified relative or other person with whom it has determined that the child is to be placed instead of the department's taking legal custody of the child; and  (2) both the relative or other person with whom the child is to be placed and the child's parent or guardian have agreed to the placement, the department may retain physical custody of the child for no more than five additional days if necessary to enable the relative or other person to make travel or other arrangements incident to the placement.  (B) A probable cause hearing pursuant to Section 63-7-710 shall not be held unless the placement fails to occur as planned within the five-day period or the child's parent or guardian makes a written request for a hearing to the department. The department must give the child's parent or guardian written notice of the right to request a probable cause hearing to obtain a judicial determination of whether removal of the child from the home was and remains necessary. Upon receipt of a written request for a hearing from the child's parent or guardian, the department shall schedule a hearing for the next date on which the family court is scheduled to hear probable cause hearings.  (C) If the placement does not occur as planned within the five-day period, the department immediately must determine whether to assume legal custody of the child and file a petition as provided in Section 63-7-700(B). The department shall assure that the child is given age-appropriate information about the plans for placement and any subsequent changes in those plans at the earliest feasible time.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-700 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-700. Emergency protective custody proceedings.

 (A) If a law enforcement officer clearly states to the department at the time the officer delivers physical control of the child to the department that the child is not to be returned to the home or placed with a relative before a probable cause hearing regardless of the outcome of a preliminary investigation, the department immediately must take legal custody of the child. In this case, at a minimum, the department shall conduct a preliminary investigation as provided in Section 63-7-640 within seventy-two hours after the child was taken into emergency protective custody and shall make recommendations concerning return of the child to the home or placement with a relative or other person to the family court at the probable cause hearing or take other appropriate action as provided in this chapter.  (B)(1) The department, upon assuming legal custody of the child, shall begin a child protective investigation, including immediate attention to the protection of other children in the home, or other setting where the child was found. The department shall initiate a removal proceeding in the appropriate family court pursuant to Section 63-7-1660 on or before the next working day after initiating the investigation. If a noncustodial parent is not named as a party, the department shall exercise every reasonable effort to promptly notify the noncustodial parent that a removal proceeding has been initiated and of the date and time of any hearings scheduled pursuant to this subarticle.  (2) Upon a determination by the department before the probable cause hearing that there is not a preponderance of evidence that child abuse or neglect occurred, the department may place physical custody of the child with the parent, parents, guardian, immediate family member, or relative, with the department retaining legal custody pending the probable cause hearing.  (3) When the facts and circumstances of the report clearly indicate that no abuse or neglect occurred, the report promptly must be determined to be unfounded, and the department shall exercise reasonable efforts to expedite the placement of the child with the parent, parents, guardian, immediate family member, or relative.  (C) If the child is returned to the child's parent, guardian, or custodian following the preliminary investigation, a probable cause hearing must be held if requested by the child's parent, guardian, or custodian or the department or the law enforcement agency that took emergency protective custody of the child. The request must be made in writing to the court within ten days after the child is returned. A probable cause hearing pursuant to Section 63-7-710 must be scheduled within seven days of the request to determine whether there was probable cause to take emergency physical custody of the child.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-720 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-720. Reasonable efforts to prevent removal.

 (A) An order issued as a result of the probable cause hearing held pursuant to Section 63-7-710 concerning a child of whom the department has assumed legal custody 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 department assumed legal custody of the child and how they related to the needs of the family;  (2) the efforts of the department to provide services to the family before assuming legal custody of the child;  (3) why the efforts to provide services did not eliminate the need for the department to assume legal custody;  (4) whether a meeting was convened as provided in Section 63-7-640, the persons present, and the outcome of the meeting or, if no meeting was held, the reason for not holding a meeting;  (5) what efforts were made to place the child with a relative known to the child or in another familiar environment;  (6) whether the efforts to eliminate the need for the department to assume legal custody were reasonable including, but not limited to, whether services 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, and whether efforts to place the child in a familiar environment were reasonable.  (B) Reasonable efforts required pursuant to subsection (A) to prevent removal of the child from a parent or legal guardian who has a disability must include efforts that are individualized and based upon a parent's or legal guardian's specific disability, including referrals for access to adaptive parenting equipment, referrals for instruction on adaptive parenting techniques, and reasonable accommodations with regard to accessing services that are otherwise made available to a parent or legal guardian who does not have a disability.  (C) If the court finds 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.  HISTORY: 2008 Act No. 361, Section 2; 2017 Act No. 36 (H.3538), Section 3, eff May 10, 2017.  Effect of Amendment  2017 Act No. 36, Section 3, inserted (B), relating to reasonable efforts requirements for probable cause hearings and requiring certain efforts if a parent or legal guardian has a disability, and redesignated accordingly.
SC Code § 63-7-730 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-730. Expedited placement of child with relative.

 (A) If the court finds at the probable cause hearing that the department made reasonable efforts to prevent removal of the child and that continuation of the child in the home would be contrary to the welfare of the child, the court may order expedited placement of the child with a grandparent or other relative of the first or second degree. In making this expedited placement decision, the court shall consider the totality of the circumstances including, but not limited to, the individual's suitability, fitness, and willingness to serve as a placement for the child. A parent who complies with these requirements must be the first relative considered by the court for expedited placement. The court shall require the department to check the names of all adults in the home against the Central Registry of Child Abuse and Neglect, other relevant records of the department, county sex abuse registers, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the person resides and, to the extent reasonably possible, jurisdictions in which the person has resided during that period. The court may hold open the record of the probable cause hearing for up to twenty-four hours to receive these reports. Nothing in this section precludes the department from requesting or the court from ordering pursuant to the department's request either a full study of the individual's home before placement or the licensing or approval of the individual's home before placement.  (B) If the court orders expedited placement of the child with a grandparent or other relative of the first or second degree, the individual may be added as a party to the action for the duration of the case or until further order of the court.  HISTORY: 2008 Act No. 361, Section 2; 2013 Act No. 58, Section 1, eff June 12, 2013.  Effect of Amendment  The 2013 amendment rewrote the section.