reglab/housing_qa huggingface dataset:
SC Code § 63-7-1230 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-1230. Immediate entry in Central Registry of name of person determined to have abused child; notification; challenge.

 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.  HISTORY: 2008 Act No. 361, Section 2.  Subarticle 9  Administrative Appeal of Indicated Cases  DERIVATION TABLE  Showing the sections in former Chapter 7, Title 20 from which the sections in this subarticle were derived.  New  Section Former  Section 63-7-1410 20-7-655(A) 63-7-1420 20-7-655(C) 63-7-1430 20-7-655(B), (D)-(F) 63-7-1440 20-7-655(G)
SC Code § 63-7-1410 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-1410. Purpose.

 The purpose of this subarticle is to provide a child protective services appeals process for reports that have been indicated pursuant to Subarticles 5 and 13 and are not being brought before the family court for disposition and for reports indicated and entered in the Central Registry pursuant to Section 63-7-1230 and not being brought before the family court for disposition. The appeals hearing must be scheduled and conducted in accordance with the department's fair hearing regulations. This process is available only to the person determined to have abused or neglected the child.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-1420 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-1420. Appeal of judicial determinations.

 If a person requests an appeal under this subarticle and the family court has determined that the person is responsible for abuse or neglect of the child, an appeal pursuant to this subarticle is not available. If the family court reaches such a determination after the initiation of the appeal provided for in this subarticle, the department shall terminate the appeal upon receipt of an order that disposes of the issue. If a proceeding is pending in the family court that may result in a finding that will dispose of an appeal under this subarticle, the department shall stay the appeal pending the court's decision.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-1440 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-1440. Judicial review.

 An appellant seeking judicial review shall file a petition in the family court within thirty days after the final decision of the department. The appellant shall serve a copy of the petition upon the department. The family court shall conduct a judicial review in accordance with the standards of review provided for in Section 1-23-380. The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based. The judgment must include a determination of whether the decision of the department that a preponderance of evidence shows that the appellant abused or neglected the child should be affirmed or reversed. The appellant is not entitled to a trial de novo in the family court.  HISTORY: 2008 Act No. 361, Section 2.  Subarticle 11  Judicial Proceedings  DERIVATION TABLE  Showing the sections in former Chapter 7, Title 20 from which the sections in this subarticle were derived.  New  Section Former  Section 63-7-1610 20-7-736(A), 20-7-640(D) 63-7-1620 20-7-110 63-7-1630 20-7-645 63-7-1640 20-7-763 63-7-1650 20-7-738 63-7-1660 20-7-736(B)-(H) 63-7-1670 20-7-762 63-7-1680 20-7-764 63-7-1690 20-7-765 63-7-1700 20-7-766 63-7-1710 20-7-768 63-7-1720 20-7-770
SC Code § 63-7-1610 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-1610. Jurisdiction and venue.

 (A) The family court has exclusive jurisdiction over all proceedings held pursuant to this article.  (B) The county in which the child resides is the legal place of venue.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-1620 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-1620. Legal representation of children.

 In all child abuse and neglect proceedings:  (1) Children must be appointed a guardian ad litem by the family court. A guardian ad litem serving on behalf of the South Carolina Guardian ad Litem Program or Richland County CASA must be represented by legal counsel in any judicial proceeding pursuant to Section 63-11-530(C).  (2) The family court may appoint legal counsel for the child. Counsel for the child may not be the same as counsel for:  (a) the parent, legal guardian, or other person subject to the proceeding;  (b) any governmental or social agency involved in the proceeding;  (c) the child's guardian ad litem.  (3) Parents, legal guardians, or other persons subject to any judicial proceeding are entitled to legal counsel. Those persons unable to afford legal representation must be appointed counsel by the family court.  (4) The interests of the State and the Department of Social Services must be represented by the legal representatives of the Department of Social Services in any judicial proceeding.  HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 199, Section 1; 2010 Act No. 252, Section 1, eff June 11, 2010.  Effect of Amendment  The 2010 amendment rewrote this section.
SC Code § 63-7-1630 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-1630. Notice of hearings.

 The department shall provide notice of a hearing held in connection with an action filed or pursued under Subarticle 3 or Section 63-7-1650, 63-7-1660, 63-7-1670, 63-7-1680, 63-7-1700, or 63-7-2550 to the foster parent, the preadoptive parent, or the relative who is providing care for a child. The notice must be in writing and may be delivered in person or by regular mail. The notice shall inform the foster parent, preadoptive parent, or relative of the date, place, and time of the hearing and of the right to attend the hearing and to address the court concerning the child. Notice provided pursuant to this section does not confer on the foster parent, preadoptive parent, or relative the status of a party to the action.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-1650 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-1650. Services without removal.

 (A) Upon investigation of a report under Section 63-7-920 or at any time during the delivery of services by the department, the department may petition the family court for authority to intervene and provide protective services without removal of custody if the department determines by a preponderance of evidence that the child is an abused or neglected child and that the child cannot be protected from harm without intervention.  (B) The petition shall contain a full description of the basis for the department's belief that the child cannot be protected adequately without department intervention, including a description of the condition of the child, any previous efforts by the department to work with the parent or guardian, treatment programs which have been offered and proven inadequate, and the attitude of the parent or guardian towards intervention and protective services.  (C) Upon receipt of a petition under this section, the family court shall schedule a hearing to be held within thirty-five days of the filing date to determine whether intervention is necessary.  (D) The parties to the petition must be served with a summons and notices of right to counsel and of 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) Intervention and protective services must not be ordered unless the court finds that the allegations of the petition are supported by a preponderance of the evidence including a finding that the child is an abused or neglected child as defined in Section 63-7-20 and the child cannot be protected from further harm without intervention.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-1670 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-1670. Treatment plan.

 (A) At the close of a hearing pursuant to Section 63-7-1650 or 63-7-1660 and upon a finding that the child shall remain in the home and that protective services shall continue, the family court shall review and approve a treatment plan designed to alleviate any danger to the child and to aid the parents so that the child will not be endangered in the future.  (B) The plan must be prepared by the department and shall detail any changes in parental behavior or home conditions that must be made and any services which will be provided to the family to ensure, to the greatest extent possible, that the child will not be endangered. Whenever possible, the plan must be prepared with the participation of the parents, the child, and any other agency or individual that will be required to provide services. The plan must be submitted to the court at the hearing. If any changes in the plan are ordered, the department shall submit a revised plan to the court within two weeks of the hearing, with copies to the parties and legal counsel. Any dispute regarding the plan must be resolved by the court. The terms of the plan must be included as part of the court order. The court order shall specify a date when treatment goals must be achieved and court jurisdiction ends, unless the court specifically finds that the matter must be brought back before the court for further review before the case may be closed. If the order requires further court review before case closure, the order shall specify a time limit for holding the next hearing.  (C)(1) Unless services are to terminate earlier, the department shall schedule a review hearing before the court at least once every twelve months to establish whether the conditions which required the initial intervention exist. If the conditions no longer exist, the court shall order termination of protective services, and the court's jurisdiction shall end. If the court finds that the conditions which required the initial intervention are still present, it shall establish:  (a) what services have been offered to or provided to the parents;  (b) whether the parents are satisfied with the delivery of services;  (c) whether the department is satisfied with the cooperation given to the department by the parents;  (d) whether additional services should be ordered and additional treatment goals established; and  (e) the date when treatment goals must be achieved and court jurisdiction ends.  (2) The court order shall specify a date upon which jurisdiction will terminate automatically, which must be no later than eighteen months after the initial intervention. Jurisdiction may be extended pursuant to a hearing on motion by any party, if the court finds that there is clear and convincing evidence that the child is threatened with harm absent a continuation of services.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-1690 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-1690. Placement plans; substance abuse issues.

 (A) When the conditions justifying removal pursuant to Section 63-7-1660 include the addiction of the parent or abuse by the parent of controlled substances, the court may require as part of the placement plan ordered pursuant to Section 63-7-1680:  (1) the parent to successfully complete a treatment program operated by the Department of Alcohol and Other Drug Abuse Services or another treatment program approved by the department before return of the child to the home;  (2) any other adult person living in the home who has been determined by the court to be addicted to or abusing controlled substances or alcohol and whose conduct has contributed to the parent's addiction or abuse of controlled substances or alcohol to successfully complete a treatment program approved by the department before return of the child to the home; and  (3) the parent or other adult, or both, identified in item (2) to submit to random testing for substance abuse and to be alcohol or drug free for a period of time to be determined by the court before return of the child. The parent or other adult identified in item (2) must continue random testing for substance abuse and must be alcohol or drug free for a period of time to be determined by the court after return of the child before the case will be authorized to be closed.  (B) Results of tests ordered pursuant to this section must be submitted to the department and are admissible only in family court proceedings brought by the department.  HISTORY: 2008 Act No. 361, Section 2; 2014 Act No. 281 (H.3102), Section 5, eff June 10, 2014.  Effect of Amendment  2014 Act No. 281, Section 5, in subsections (A)(1), (A)(2), substituted "to successfully complete" for "successfully must complete"; and in subsection (A)(3), substituted "to submit" for "must submit", substituted "to be alcohol or drug free" for "must be alcohol or drug free", and substituted "authorized to be closed" for "authorized closed".
SC Code § 63-7-1720 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-1720. Clerk of court and court administration progress reports.

 (A) Beginning on January 1, 2000, or on the date of compliance with subsection (D), whichever is later, and on the first day of each month thereafter, each county clerk of court must make a report to Court Administration concerning each child protection case pending in family court in which a permanency planning order has not been filed. The report must include the case caption, the filing date, and, if applicable, the date of the permanency planning hearing and the permanency planning order. The clerk is not required to make a report concerning a case after a permanency planning order has been filed in the case.  (B) Court Administration must provide the administrative judge of the family court of each circuit with the information reported concerning cases pending in the circuit.  (C) On August fifteenth of each year, the Director of Court Administration must file with the Chief Justice of the South Carolina Supreme Court, with copies to the Department of Social Services and the Governor, a written report summarizing the information reported by the clerks of court pursuant to this section. The report shall contain, at a minimum, the following information summarized by county, by circuit, and by state:  (1) the number of new cases brought by the department during the preceding twelve months; and  (2) the number of cases filed more than twelve months in which a permanency planning order has not been filed.  The annual report must contain an analysis of the progress of these cases through the family court, identify impediments to complying with statutory mandates, and make recommendations for improving compliance.  (D) No later than January 1, 2000, Court Administration must institute the use of a separate code to identify child protection cases in its data systems. However, if the Chief Justice, upon recommendation of Court Administration, determines that there is a compelling reason why it is not feasible to institute the use of a separate code by January 1, 2000, compliance with this subsection may be deferred for up to twelve months, as necessary, for making adjustments in the data systems. The date of compliance and the compelling reason for any delay beyond January 1, 2000, shall be included in the report required by subsection (E).  (E) Court Administration shall conduct a study of the feasibility of collecting additional data necessary to monitor and ensure compliance with statutory time frames for conducting hearings in department cases, and no later than July 1, 2000, shall submit a report to the Chief Justice, with copies to the Department of Social Services and the Governor, containing recommendations for instituting the necessary data collection system.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-1910 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-1910. Purpose.

 The purpose of this subarticle is to establish a system for the identification of abused and neglected children and those who are responsible for their welfare, to provide a system for the coordination of reports concerning abused and neglected children, and to provide data for determining the incidence and prevalence of child abuse and neglect in this State. To further these purposes, the department must maintain one or more statewide data systems concerning cases reported to it pursuant to this article.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-1920 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-1920. Department to maintain Central Registry.

 (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.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-1930 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-1930. Petition for placement in Central Registry.

 (A) At any time following receipt of a report, the department may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if placed in a position or setting outside of the person's home that involves care of or substantial contact with children. The department must serve a copy of the petition and summary on the person named as perpetrator. The petition must include a statement that the judge must rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within five days after service of the petition. The name, address, and telephone number of the clerk of court or the clerk's designee must be stated in the petition. If the person named as perpetrator requests a hearing, the court must schedule a hearing on the merits of the allegations in the petition and summary to be held no later than five working days following the request.  (B) The department must seek an order placing a person in the Central Registry pursuant to subsection (A) in all cases in which the department concludes that there is a preponderance of evidence that the person committed sexual abuse.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-1940 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-1940. Court order for placement in Central Registry of Child Abuse and Neglect.

 (A) At a hearing pursuant to Section 63-7-1650 or 63-7-1660, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:  (1) shall order, without possibility of waiver by the department, that a person's name be entered in the Central Registry of Child Abuse and Neglect if the court finds that there is a preponderance of evidence that the person:  (a) physically abused the child; however, if the only form of physical abuse that is found by the court is excessive corporal punishment, the court only may order that the person's name be entered in the central registry if item (2) applies;  (b) sexually abused the child;  (c) wilfully or recklessly neglected the child; or  (d) gave birth to the infant and the infant tested positive for the presence of any amount of controlled substance, prescription drugs not prescribed to the mother, metabolite of a controlled substance, or the infant has a medical diagnosis of neonatal abstinence syndrome, unless the presence of the substance or metabolite is the result of a medical treatment administered to the mother of the infant during birth or to the infant;  (2) may, except as provided for in item (1), order that the person's name be entered in the central registry if the court finds by a preponderance of evidence that:  (a) the person abused or neglected the child in any manner, including the use of excessive corporal punishment; and  (b) the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children.  (B) At the probable cause hearing, the court may order that the person be entered in the central registry if there is sufficient evidence to support the findings required by subsection (A).  HISTORY: 2008 Act No. 361, Section 2; 2014 Act No. 281 (H.3102), Section 7, eff June 10, 2014.  Effect of Amendment  2014 Act No. 281, Section 7, rewrote subsection (A)(1); and made other nonsubstantive changes.