reglab/housing_qa huggingface dataset:
SC Code § 43-35-30 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-30. . Photographing of visible trauma on abused adult.

 A person required to report pursuant to this article or a person investigating a report may take or cause to be taken color photographs of the trauma visible on the vulnerable adult who is the subject of a report. A person required to report under this chapter as a member of the staff of a medical facility, public or private institution, school, facility, or agency immediately shall notify the person in charge or the designated agent of the person in charge who shall take or cause to be taken color photographs of visible trauma. The investigative entity or law enforcement, if indicated, may cause to be performed a radiological examination or medical examination of the vulnerable adult without consent. All photographs, x-rays, and results of medical examinations and tests must be provided to law enforcement or to the investigative entity upon request.  HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993.
SC Code § 43-35-35 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-35. . Reporting deaths where abuse or neglect suspected.

 (A) A person required to report or investigate cases under this chapter who has reasonable suspicion to believe that a vulnerable adult died as a result of abuse or neglect shall report the death and suspected cause of death to the coroner or medical examiner. The coroner or medical examiner shall conduct an investigation and may conduct or order an autopsy. The coroner or medical examiner must report the investigative findings to the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division.  (B) All deaths involving a vulnerable adult in a facility operated or contracted for operation by the Department of Mental Health, the Department of Disabilities and Special Needs, or their contractors must be referred to the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division for investigation pursuant to Section 43-35-520.  HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 2006 Act No. 301, Section 6, eff May 23, 2006; 2010 Act No. 223, Section 5, eff June 7, 2010.
SC Code § 43-35-40 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-40. . Responsibilities when a report is received; initiation of investigation; reports to local law enforcement or Vulnerable Adults Investigations Unit.

 Upon receiving a report, the Long Term Care Ombudsman or Adult Protective Services promptly shall:  (1) initiate an investigation; or  (2) review the report within two working days for the purpose of reporting those cases that indicate reasonable suspicion of criminal conduct to local law enforcement or to the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division (SLED). A report to local law enforcement or SLED must be made within one working day of completing the review.  HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 2006 Act No. 301, Section 6, eff May 23, 2006; 2010 Act No. 223, Section 6, eff June 7, 2010.
SC Code § 43-35-50 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-50. . Abrogation of privilege for certain communications.

 The privileged quality of communication between husband and wife or between a professional person and the person's patient or client, except that between attorney and client or priest and penitent, are abrogated and do not constitute grounds for failing to report or for the exclusion of evidence in any civil or criminal proceeding resulting from a report made pursuant to this chapter.  HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993.
SC Code § 43-35-60 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-60. . Sharing of report information by investigative entities; public confidentiality.

 Unless otherwise prohibited by law, a state agency, an investigative entity, and law enforcement may share information related to an investigation conducted as a result of a report made under this chapter. Information in these investigative records must not be disclosed publicly.  HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993.
SC Code § 43-35-65 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-65. . Notices to be displayed at facilities.

 A facility as defined in Section 43-35-10 shall prominently display notices stating the duties of its personnel under this chapter and contact information, the text of which must be provided by the Long Term Care Ombudsman Program in consultation with the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division.  HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 2006 Act No. 301, Section 7, eff May 23, 2006.
SC Code § 43-35-70 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-70. . Reports to occupational licensing boards.

 The investigative entity shall report an alleged incident of abuse, neglect, or exploitation against a health care professional to the occupational licensing board by whom that person is licensed.  HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993.
SC Code § 43-35-75 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-75. . Immunity of person making report or participating in investigation in good faith.

 (A) A person who, acting in good faith, reports pursuant to this chapter or who participates in an investigation or judicial proceeding resulting from a report is immune from civil and criminal liability which may otherwise result by reason of this action. In a civil or criminal proceeding good faith is a rebuttable presumption.  (B) It is against the public policy of South Carolina to change an employee's status solely because the employee reports or cooperates with an investigation or action taken under this chapter.  HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993.
SC Code § 43-35-80 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-80. . Action by Attorney General against person or facility for failure to exercise reasonable care; fine.

 (A) Notwithstanding any regulatory or administrative penalty that may be assessed and in addition to a private civil cause of action that may be brought against a person or facility based on an action or failure to act that otherwise constitutes abuse, neglect, or exploitation under this chapter, the Attorney General, upon referral from the Long Term Care Ombudsman Program or the Vulnerable Adults Investigations Unit, may bring an action against a person who fails through pattern or practice to exercise reasonable care in hiring, training, or supervising facility personnel or in staffing or operating a facility, and this failure results in the commission of abuse, neglect, exploitation, or any other crime against a vulnerable adult in a facility. A person or facility which verifies good standing of the employee with the appropriate licensure or accrediting entity is rebuttably presumed to have acted reasonably regarding the hiring.  (B) In granting relief under this section, the court may assess a civil fine of not more than thirty thousand dollars or order injunctive relief, or both, and may order other relief as the court considers appropriate.  (C) Nothing in this section may be construed to create a private cause of action against one who fails through pattern or practice to exercise reasonable care as provided for in subsection (A).  (D) For the purposes of this section 'person' means any natural person, corporation, joint venture, partnership, unincorporated association, or other business entity.  (E) To the extent fines collected pursuant to this section exceed the cost of litigation, these fines must be credited to the Adult Protective Services Emergency Fund and may be carried forward from one fiscal year to the next.  HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 2006 Act No. 301, Section 8, eff May 23, 2006.
SC Code § 43-35-85 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-85. . Penalties.

 (A) A person required to report under this chapter who knowingly and wilfully fails to report abuse, neglect, or exploitation is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five hundred dollars or imprisoned not more than one year.  (B) Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully abuses a vulnerable adult is guilty of a felony and, upon conviction, must be imprisoned not more than five years.  (C) Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully neglects a vulnerable adult is guilty of a felony and, upon conviction, must be imprisoned not more than five years.  (D) A person who knowingly and wilfully exploits a vulnerable adult is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both, and may be required by the court to make restitution.  (E) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in great bodily injury is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years.  (F) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in death is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.  (G) A person who threatens, intimidates, or attempts to intimidate a vulnerable adult subject of a report, a witness, or any other person cooperating with an investigation conducted pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years.  (H) A person who wilfully and knowingly obstructs or in any way impedes an investigation conducted pursuant to this chapter, upon conviction, is guilty of a misdemeanor and must be fined not more than five thousand dollars or imprisoned for not more than three years.  (I) As used in this section, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.  HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 1999 Act No. 56, Section 1, eff June 1, 1999; 2010 Act No. 223, Section 7, eff June 7, 2010.
SC Code § 43-35-90 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-90. . Article not to affect authority of agencies.

 This article is not intended to affect in any way the authority of any agency to act under state or federal law.  HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993.
SC Code § 43-35-200 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-200. . Vulnerable Adult Guardian ad Litem Program.

 (A) There is created the Vulnerable Adult Guardian ad Litem Program in the Office on Aging to serve as a statewide system to recruit, train, and supervise volunteers to serve as court-appointed guardians ad litem for vulnerable adults in abuse, neglect, and exploitation proceedings within the family court, pursuant to Section 43-35-45(C).  (B) The Vulnerable Adult Guardian ad Litem Program shall develop policies and procedures to administer the program.  HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
SC Code § 43-35-210 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-210. . Definitions.

 In addition to the definitions contained in Section 43-35-10, for purposes of this article, "guardian ad litem" means an individual appointed by the family court pursuant to Section 43-35-45 to advocate for the best interests of a vulnerable adult.  HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
SC Code § 43-35-220 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-220. . Duties and responsibilities of guardian ad litem; assessments.

 (A) The duties and responsibilities of a guardian ad litem include, but are not limited to:  (1) representing the best interests of the vulnerable adult by advocating for the welfare and rights of a vulnerable adult involved in an abuse, neglect, or exploitation proceeding;  (2) conducting an independent, balanced, and impartial assessment of the facts and the needs of the vulnerable adult relevant to his or her situation;  (3) maintaining accurate, written case records, including case notes, which are a guardian ad litem's work product and not subject to subpoena;  (4) providing the family court, and all parties, with written reports including, but not limited to, a comprehensive final report regarding the best interests of the vulnerable adult. The final report must be consistent with the rules of evidence and the rules of the court, and must include, but is not limited to, evaluation and assessment of the issues brought before the court, the wishes of the vulnerable adult, and recommendations for the case plan and the disposition of the case; and  (5) attending all court hearings to protect and promote the best interests of the vulnerable adult until formally relieved of the responsibility by the family court. The guardian ad litem is authorized through counsel to introduce, examine, and cross-examine witnesses in any proceeding involving the vulnerable adult, participate in the proceedings to any degree necessary to represent the vulnerable adult adequately, participate on a multidisciplinary evaluation team concerning the vulnerable adult, and make motions necessary to enforce the orders of the court, seek judicial review, or petition the court for relief on behalf of the vulnerable adult.  (B) The assessment conducted by the guardian ad litem pursuant to subsection (A) must include, but is not limited to:  (1) obtaining and reviewing relevant documents including, but not limited to, the vulnerable adult's medical records; records from the place of residence if the vulnerable adult is living in a facility or other institution; records related to assets and debts of the vulnerable adult in cases of alleged exploitation; and records from the Department of Social Services, Department of Mental Health, Department of Disabilities and Special Needs, or other public entities providing services to the vulnerable adult;  (2) meeting with and observing the vulnerable adult on at least one occasion;  (3) visiting the home setting if appropriate;  (4) interviewing family, caregivers, medical providers, law enforcement, and others with knowledge relevant to the case;  (5) exploring available resources within the family and community to meet the needs of the vulnerable adult;  (6) obtaining the criminal history of a party if determined necessary; and  (7) determining the wishes of the vulnerable adult and informing the court of these wishes.  HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
SC Code § 43-35-230 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-230. . Appointment of guardian ad litem; continuing legal education.

 (A) A guardian ad litem may be either an attorney or a layperson. To be appointed as a guardian ad litem pursuant to Section 43-35-45(C) an individual:  (1) must be twenty-one years of age or older;  (2) shall possess a high school diploma or its equivalent;  (3) shall have completed the minimum hours of continuing education for initial qualification as required by the Vulnerable Adult Guardian ad Litem Program; and  (4) shall have observed two child protective services or adult protective services custody merit hearings before serving as a guardian ad litem. A lay guardian ad litem shall retain a certificate showing that observation of these hearings has been completed. This certificate, which must be on a form approved by court administration, must state the names and dates of the cases and the judges involved and must be attested to by the presiding judge.  (B) An attorney guardian ad litem annually shall complete a minimum of six hours of family or elder law continuing legal education credits; however, this requirement may be waived by the court.  HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
SC Code § 43-35-240 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-240. . Appointment of guardian ad litem for abuse, neglect, or exploitation proceedings; criminal background checks.

 (A) An individual may not be appointed as a guardian ad litem for a vulnerable adult in an abuse, neglect, or exploitation proceeding who:  (1) has been convicted of a crime enumerated in Chapter 3, Title 16, Offenses Against the Person; in Chapter 15, Title 16, Offenses Against Morality and Decency; in Article 3, Chapter 53, Title 44, Narcotics and Controlled Substances; in Section 43-35-85, Omnibus Adult Protection Act; in Chapter 25, Title 16, Criminal Domestic Violence; or Section 16-17-490, Contributing to the Delinquency of a Minor; or  (2) is or has ever been on the Department of Social Services Central Registry of Child Abuse and Neglect, the Sex Offender Registry, or listed as "not in good standing" on the Nurse Aide Registry.  (B) A criminal background check must be conducted for each volunteer guardian ad litem as required by the Vulnerable Adult Guardian ad Litem Program.  HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
SC Code § 43-35-250 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-250. . Charge of guardian ad litem; petition for removal.

 (A) A guardian ad litem is charged in general with representing the vulnerable adult's best interests. After appointment by the family court in a case involving an abused, neglected, or exploited vulnerable adult, the parties to the action and the court shall notify the guardian ad litem of all court hearings and proceedings. The obligation of the guardian ad litem to the court is a continuing obligation and continues until formally relieved by the court.  (B) The Vulnerable Adult Guardian ad Litem Program may intervene in a vulnerable adult abuse, neglect, or exploitation proceeding in order to petition the court to relieve the guardian ad litem from appointment for the following reasons:  (1) incapacity;  (2) conflict of interest;  (3) misconduct;  (4) persistent neglect of duties;  (5) incompetence; or  (6) knowing and wilful violation of the Vulnerable Adult Guardian ad Litem Program policies and procedures that affect the health, safety, or welfare of the vulnerable adult.  (C) The court shall determine what is in the best interest of the vulnerable adult when ruling on a petition for removal of the guardian ad litem.  HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
SC Code § 43-35-260 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-260. . Access to information.

 The Department of Social Services shall make available to the guardian ad litem all reports made and information collected relating to the vulnerable adult. Appropriate medical and dental care providers shall provide a guardian ad litem access to information upon request of the guardian ad litem and upon proof of appointment as the guardian ad litem for the vulnerable adult. Records must be made available to the guardian ad litem by any agency or any individual providing services to the vulnerable adult and financial records of the vulnerable adult including, but not limited to, state and federal tax records, banking and other financial institution records, and public benefits records.  HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
SC Code § 43-35-270 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-270. . Confidentiality of reports and information.

 (A) All reports and information collected pursuant to this article maintained by the Vulnerable Adult Guardian ad Litem Program or by a guardian ad litem are confidential. These records must be maintained and destroyed in accordance with program policy.  (B) The Director of the Vulnerable Adult Guardian ad Litem Program, or the director's designee, may disclose to the media information contained in the vulnerable adult protective services records, if disclosure is limited to discussion of the program's activities in handling the case. The program may incorporate into its discussion of the handling of the case any information placed in the public domain by other public officials, a criminal prosecution, the alleged perpetrator or the attorney for the alleged perpetrator, and other public judicial proceedings. For the purposes of this subsection, information is considered placed in the public domain if it has been reported in the news media, is contained in public records of a law enforcement agency, is contained in public records of the court, or has been the subject of testimony in a public judicial proceeding.  HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
SC Code § 43-35-280 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-280. . Civil liability.

 After participating in the Vulnerable Adult Guardian ad Litem Program training, an individual who is appointed to serve as a guardian ad litem and who serves without compensation is not liable for any civil damages for any personal injury as a result of any act or omission by the guardian ad litem in the discharge of the duties and responsibilities of a guardian ad litem if the guardian ad litem acts in good faith and is not guilty of gross negligence.  HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
SC Code § 43-35-290 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 35 - Adult Protection|Section 43-35-290. . Funding.

 The General Assembly shall provide the funds necessary for the Vulnerable Adult Guardian ad Litem Program to carry out the provisions of this article.  HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.