reglab/housing_qa huggingface dataset:
SC Code § 63-7-2560 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-2560. Representation by counsel; guardian ad litem.

 (A) Parents, guardians, or other persons subject to a termination of parental rights action are entitled to legal counsel. Those persons unable to afford legal representation must be appointed counsel by the family court, unless the defendant is in default.  (B) A child subject to any judicial proceeding under this article must be appointed a guardian ad litem by the family court. If a guardian ad litem who is not an attorney finds that appointment of counsel is necessary to protect the rights and interests of the child, an attorney must be appointed. If the guardian ad litem is an attorney, the judge must determine on a case-by-case basis whether counsel is required for the guardian ad litem. However, counsel must be appointed for a guardian ad litem who is not an attorney in any case that is contested.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-2580 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-2580. Permanency of order.

 (A) If the court finds that a ground for termination, as provided for in Section 63-7-2570, exists, the court may issue an order forever terminating parental rights to the child. Where the petitioner is an authorized agency, the court shall place the child in the custody of the petitioner or other child-placing agency for adoption and shall require the submission of a plan for permanent placement of the child within thirty days after the close of the proceedings to the court and to the child's guardian ad litem. Within an additional sixty days the agency shall submit a report to the court and to the guardian ad litem on the implementation of the plan. The court, on its own motion, may schedule a hearing to review the progress of the implementation of the plan.  (B) If the court finds that no ground for termination exists and the child is in the custody of the Department of Social Services, the order denying termination must specify a new permanent plan for the child or order a hearing on a new permanent plan.  (C) If the court determines that an additional permanency hearing is not needed, the court may order:  (1) the child returned to the child's parent if the parent has counterclaimed for custody and the court determines that the return of the child to the parent would not cause an unreasonable risk of harm to the child's life, physical health or safety, or mental well-being. The court may order a specified period of supervision and services not to exceed twelve months;  (2) a disposition provided for in Section 63-7-1700(E) if the court determines that the child should not be returned to a parent.  (D)(1) If the court determines that an additional permanency hearing is required, the court's order shall schedule a permanency hearing to be held within fifteen days of the date the order is filed. The court's order must be sufficient to continue jurisdiction over the parties without any need for filing or service of pleadings by the department. The permanency hearing must be held before the termination of parental rights trial if reasonably possible.  (2) At the hearing, the department shall present a proposed disposition and permanent plan in accordance with Section 63-7-1700. No supplemental report may be required. The hearing and any order issuing from the hearing shall conform to Section 63-7-1700.  (3) If the court approves retention of the child in foster care pursuant to Section 63-7-1700(E), any new plan for services and placement of the child must conform to the requirements of Section 63-7-1680. Section 63-7-1680 requires the plan to address conditions that necessitated removal of the child, but the plan approved pursuant to this subsection shall address conditions that necessitate retention of the child in foster care.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-2590 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-2590. Effect of order.

 (A) An order terminating the relationship between parent and child under this article divests the parent and the child of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other, except the right of the child to inherit from the parent. A right of inheritance is terminated only by a final order of adoption.  (B) The relationship between a parent and child may be terminated with respect to one parent without affecting the relationship between the child and the other parent.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-2600 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-2600. Confidentiality.

 All papers and records pertaining to a termination of parental rights are confidential and all court records must be sealed and opened only upon order of the judge for good cause shown.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-2610 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-2610. Effect on adoption laws.

 The provisions of this article do not, except as specifically provided, modify or supersede the general adoption laws of this State.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-7-2620 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 7 - Child Protection And Permanency|Section 63-7-2620. Construction of law.

 This article must be liberally construed in order to ensure prompt judicial procedures for freeing minor children from the custody and control of their parents by terminating the parent-child relationship. The interests of the child shall prevail if the child's interest and the parental rights conflict.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-9-10 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-10. Short title.

 This article may be cited as the "South Carolina Adoption Act".  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-9-20 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-20. Legislative purpose.

 The purpose of this article is to establish fair and reasonable procedures for the adoption of children and to provide for the well-being of the child, with full recognition of the interdependent needs and interests of the biological parents and the adoptive parents. However, when the interests of a child and an adult are in conflict, the conflict must be resolved in favor of the child. Children may be adopted by or placed for adoption with residents of South Carolina only, except in unusual or exceptional circumstances.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-9-30 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-30. Definitions.

 As used in this article unless the context requires otherwise:  (1) "Adoptee" means a person who is proposed to be or who has been legally adopted.  (2) "Adoption" means the judicial act of creating the relationship of parent and child where it did not exist previously.  (3) "Adoptive parent" means an adult who has become a parent of a child through the legal process of adoption.  (4) "Child" means any person under eighteen years of age.  (5) "Child placing agency" or "agency" means the State Department of Social Services and any person or entity who holds legal or physical custody of a child for the purpose of placement for adoption or a person or entity who facilitates the placement of children for the purpose of adoption. For the purposes of this subsection, a person or entity who offers services for compensation where the intent of those services is to arrange or secure adoptions must be considered "facilitating the placement of children for adoption", whether those services constitute counseling, referrals, searches, or any other form of adoption services. However, an attorney engaged in the practice of law who represents a client in an adoption or who otherwise facilitates an adoption in the course of that practice is exempt from this definition.  (6) "Consent" means the informed and voluntary release in writing of all parental rights with respect to a child by a parent for the purpose of adoption, or the informed and voluntary release in writing of all custodial or guardianship rights, or both, with respect to a child by the child placing agency or person facilitating the placement of the child for adoption where the child's parent previously has executed a relinquishment to that agency or person.  (7) "Court" means any family court in this State.  (8) "Relinquishment" means the informed and voluntary release in writing of all parental rights with respect to a child by a parent to a child placing agency or to a person who facilitates the placement of a child for the purpose of adoption and to whom the parent has given the right to consent to the adoption of the child.  (9) "South Carolina resident" means a person who has established a true, fixed principal residence and place of habitation in this State, and who intends to remain or expects to return upon leaving without establishing residence in another state. Temporary absences for short periods of time do not affect the establishment of residency.  (10) "Special needs child" means children who fall into one or more of the following categories:  (a) children who are members of a sibling group;  (b) children of mixed racial heritage;  (c) children aged six or older; or  (d) children with physical, mental, or emotional disabilities.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-9-40 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-40. Jurisdiction; venue.

 (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.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-9-50 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-50. Children who may be adopted.

 Any child present within this State at the time the petition for adoption is filed, irrespective of place of birth or place of residence, may be adopted.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-9-70 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-70. Advertising prohibited to place or accept child for adoption; exception; penalties.

 (A) No person or entity other than the Department of Social Services, a child placing agency licensed in this State, or an attorney licensed in this State may advertise that the person or entity will place or accept a child for adoption.  (B) Notwithstanding the provisions of subsection (A), a person is not prohibited from advertising that the person desires to adopt if the person has a current preplacement home investigation finding that the person is suitable to be an adoptive parent.  (C)(1) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.  (2) The family court shall enjoin a person or entity from violating a provision of this section.  (D) For purposes of this section, "advertise" means to communicate by newspaper, radio, television, hand bills, placards or other print, broadcast or electronic medium that originates within this State.  HISTORY: 2010 Act No. 160, Section 9, eff May 12, 2010.
SC Code § 63-9-320 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-320. Persons not required to give consent or relinquishment.

 (A) Notwithstanding the provisions of Section 63-9-310, consent or relinquishment for the purpose of adoption is not required of the following persons:  (1) a parent whose rights with reference to the adoptee have been terminated pursuant to Article 7, Chapter 7;  (2) a parent whom the family court finds to be mentally incapable of giving consent or relinquishment for the purpose of adoption and whom the court finds to be unlikely to provide minimally acceptable care of the adoptee and whose capacity is unlikely to be restored for a reasonable period of time, and, in the court's judgment, it would be detrimental to the adoptee to delay adoption. The court shall appoint a guardian ad litem for an incompetent parent for whom there has been no prior appointment and shall appoint independent counsel for an incompetent parent who is indigent. However, upon good cause shown, the court may waive the requirement for the appointment of independent counsel for an incompetent and indigent parent;  (3) the biological parent of a child conceived as a result of that parent's criminal sexual conduct or incest as found by a court of competent jurisdiction unless, with respect to a conviction for criminal sexual conduct, the sentencing court makes specific findings on the record that the conviction resulted from consensual sexual conduct where neither the victim nor the actor were younger than fourteen years of age nor older than eighteen years of age at the time of the offense.  (B) A parent who has executed a relinquishment pursuant to Section 63-9-330 to a person facilitating the adoption or to a child placing agency for the purpose of adoption of his child is not required to execute a separate consent document also.  HISTORY: 2008 Act No. 361, Section 2.  Editor's Note  2005 Act No. 168, Section 1, provides as follows:  "This act may be cited as 'Autumn's Law' ".
SC Code § 63-9-330 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-330. Form and content of consent and relinquishment.

 (A) Consent or relinquishment for the purpose of adoption, pursuant to Section 63-9-310, must be made by a sworn document, signed by the person or the head of the agency giving consent or relinquishment after the birth of the adoptee, and must specify the following:  (1) the permanent address of the person or agency making the sworn written statement;  (2) the date, time, and place of the signing of the statement;  (3) the date of birth, race, and sex of the adoptee and any names by which the adoptee has been known;  (4) the relationship of the adoptee to the person or agency giving consent or relinquishment;  (5) the name and address of the adoptee's mother or father;  (6) that the consent or relinquishment by the person or agency forfeits all rights and obligations of the person or agency with respect to the named adoptee, including any future child support obligation. Giving consent or relinquishment does not relieve a person from the obligation to pay a child support arrearage unless approved by the court;  (7) that consent or relinquishment once given must not be withdrawn except by order of the court upon a finding that it is in the best interests of the child, and that the consent or relinquishment was not given voluntarily or was obtained under duress or through coercion; and that the entry of the final decree of adoption renders any consent or relinquishment irrevocable;  (8) that the person or agency giving the consent or relinquishment understands that consent or relinquishment must not be given if psychological or legal advice, guidance, or counseling is needed or desired and that none is needed or desired;  (9) that the person or agency giving the consent or relinquishment waives further notice of the adoption proceedings, unless the proceedings are contested by another person or agency;  (10) that the person or agency giving the consent or relinquishment is doing so voluntarily, and the consent or relinquishment is not being obtained under duress or through coercion; and  (11) that the person or agency giving the consent or relinquishment has received a copy of the document.  (B) When a child placing agency accepts a relinquishment for the purpose of adoption, which gives the agency the right to consent to an adoption of the child, and which contains the information required in subsection (A) of this section, the consent of the agency for the purpose of adoption is not required to meet the requirements of subsection (A). However, the sworn document relinquishing the child must be filed with the court pursuant to subsection (C) of Section 63-9-710.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-9-340 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-340. Signing consent and relinquishment.

 (A) The sworn document provided for in Section 63-9-330, which gives consent or relinquishment for the purpose of adoption, must be signed in the presence of two witnesses one of whom must be one of the following:  (1) a judge of any family court in this State;  (2) an attorney licensed to practice law in South Carolina who does not represent the prospective adoption petitioners;  (3) a person certified by the State Department of Social Services, pursuant to Section 63-9-360, to obtain consents or relinquishments;  (4) when the consent or relinquishment is obtained outside of this State, by an attorney licensed to practice law in that state, by a person designated by an agency of that state, by a person or agency authorized by that state's law to obtain consents or relinquishments or to conduct investigations for adoptions, or by a qualified resident of that state authorized by a South Carolina family court. When a consent or relinquishment is obtained outside of this State, it may be accepted as valid in this State, provided the court determines:  (a) the consent or relinquishment complies with the laws of the state where it is obtained; and  (b) the relinquishing party or agency is domiciled in that state at the time of the signing of the consent or relinquishment; or  (c) the content of the consent or relinquishment is in substantial compliance with the intent of Section 63-9-330(A).  (B) The persons who witness the signing of the sworn document, as provided for in subsection (A) of this section shall attach to the document written certification signed by each witness that before the signing of the document, the provisions of the document were discussed with the person giving consent or relinquishment, and that based on this discussion, it is each witness' opinion that consent or relinquishment is being given voluntarily and that it is not being obtained under duress or through coercion.  (C) A copy of the document must be delivered to the person giving the consent or relinquishment at the time of the signing of the document.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-9-350 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-350. Withdrawal of consent or relinquishment.

 Withdrawal of any consent or relinquishment is not permitted except by order of the court after notice and opportunity to be heard is given to all persons concerned, and except when the court finds that the withdrawal is in the best interests of the child and that the consent or relinquishment was not given voluntarily or was obtained under duress or through coercion. Any person attempting to withdraw consent or relinquishment shall file the reasons for withdrawal with the family court. The entry of the final decree of adoption renders any consent or relinquishment irrevocable.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-9-360 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-360. Consent and relinquishment certification.

 (A) With the exception of the persons provided for in Section 63-9-340(A)(1), (2), and (4), any person obtaining a consent or relinquishment for the purpose of adoption must be certified by the State Department of Social Services. Any person conducting an investigation for the adoption of a child pursuant to Section 63-9-520 also must be certified by the department. However, where the adoption petitioner or prospective adoption petitioner is a nonresident of this State, a South Carolina family court may authorize a qualified nonresident to conduct any investigations required under Section 63-9-520.  (B) The department shall promulgate regulations to provide for the following: certification of investigators; issuance, monitoring, and revocation of certificates; and sanctioning of noncompliance with regulations. Any person certified by the department may charge a fee which may not exceed the reasonable costs of the services rendered. The fee must be approved by the department during the certification process.  (C) The department shall develop, revise, and publish quarterly a directory of persons certified pursuant to this section. A reasonable fee may be charged by the department for copies of this directory.  HISTORY: 2008 Act No. 361, Section 2.