reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-60. State Advisory Council and Committees.

The State Director may create:
(1) a State Advisory Council of Social Services to consider and advise with the department on its problems and the remedies therefor, such Council not to exceed fifteen members. The members of such Council shall serve without compensation or allowance for expenses;
(2) such advisory committees as are required by federal law or regulations regarding the programs which the department administers. These advisory committees, as are required by federal law or regulation, shall receive travel and per diem as provided under the law for state boards, commissions, or committees; and
(3) other committees the director may deem necessary for prudent administration of the programs administered by the department. Such committees may be reimbursed travel expenses as provided under the law and regulations for state employees but shall receive no per diem payment.
All subsistence and per diem authorized under the provisions of this section shall be paid from funds available to the Department of Social Services.
HISTORY: 1962 Code Section 71-6; 1952 Code Section 71-6; 1942 Code Section 4996-14; 1937 (40) 496; 1972 (57) 2382; 1976 Act No. 709 Part II Section 12; 1993 Act No. 181, Section 1000, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-70. Selection of other employees of State Department; compensation; bond.

The director may appoint and employ such other officers and employees as are authorized and may be necessary to perform the duties placed upon the department by law, and the director shall fix their compensation unless the General Assembly shall do so, but in no event shall the director expend any sums for purposes unauthorized by law. All such compensation shall be fixed by the state department, which shall submit to the State Budget and Control Board all proposed salaries not fixed by law, and the State Budget and Control Board shall pass upon such salaries so that the amounts paid shall be in keeping with the salaries paid to other state employees for similar service and duties. The director may require such officers and employees to furnish bonds in such amounts as it may determine. The selection of such officers and employees shall be made entirely upon the qualification and merit of the individuals so employed.
HISTORY: 1962 Code Section 71-7; 1952 Code Section 71-7; 1942 Code Section 4996-5; 1937 (40) 496; 1972 (57) 2382; 1993 Act No. 181, Section 1001, eff July 1, 1993.
Code Commissioner's Note
At the direction of the Code Commissioner, reference in this section to the former Budget and Control Board has not been changed pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), until further action by the General Assembly.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-80. Powers, duties and purpose of State Department.

The State Department shall supervise and administer the public welfare activities and functions of the State as provided in Chapters 1, 3, 5, 7, 9, 19, and 23 and child protective services as referred to in Title 63, Chapter 7 or as otherwise authorized by law and may act as the agent of the State, cooperate with any federal agency for the purpose of carrying out matters of mutual concern, and administer any federal funds granted the State in the furtherance of the duties imposed upon the State Department. The Department shall study the various social problems confronting the State, inquiring into their causes and possible cures, making such surveys, gathering such statistics, and formulating such recommended public policies in connection thereto as may be in the interest of the State, and shall make such information available in published form. The Department may adopt all necessary rules and regulations and formulate policies and methods of administration, when not otherwise fixed by law, to carry out effectively the activities and responsibilities delegated to it. The aim of the Department shall be to promote the unified development of welfare activities and agencies of the State and local governments so that each agency and governmental institution may function as an integral part of a general system.
HISTORY: 1962 Code Section 71-8; 1952 Code Section 71-8; 1942 Code Sections 4996-2, 4996-6; 1937 (40) 496; 1986 Act No. 334, Section 3, eff March 10, 1986.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-90. State Department shall supervise administration of assistance; forms; rules and regulations.

The State Department shall supervise the administration of assistance under Chapters 1, 3, 5, 7, 9, 19 and 23. The State Department shall prescribe the form of and print and supply to county departments blanks of applications, reports, affidavits and such other forms as it may deem advisable. The State Department shall make rules and regulations necessary for the carrying out of the provisions of Chapters 1, 3, 5, 7, 9, 19 and 23 to the end that assistance be administered uniformly throughout the State, having regard to the varying conditions in different parts of the State, and that the spirit and purpose of Chapters 1, 3, 5, 7, 9, 19 and 23 may be complied with. All such rules and regulations made by the State Department shall be binding upon the county departments and shall be complied with by them.
HISTORY: 1962 Code Section 71-9; 1952 Code Section 71-9; 1942 Code Section 4996-23; 1937 (40) 496; 1941 (42) 265.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-100. State Department may investigate certain institutions or agencies.

The State Department may make investigations into the administration and affairs of any institution or agency, public or private, concerned with the care, custody or training of persons or the handling of problems of delinquency, dependency or defectiveness.
HISTORY: 1962 Code Section 71-10; 1952 Code Section 71-10; 1942 Code Section 4996-61; 1937 (40) 496; 1947 (45) 489.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-110. State Department may cooperate with Federal Government in administration of Federal Child Welfare Services.

The State Department may cooperate with the Federal Government, its agencies or instrumentalities, in the administration of Child Welfare Services as provided in Title V, Part 3, of the Federal Social Security Act relative to establishing, extending and strengthening services for the protection and care of homeless, dependent and neglected children and children in danger of becoming delinquent in predominantly rural areas and other areas of special need and may receive and expend all funds made available to the Department by the Federal Government, the State or its political subdivisions for such purposes.
HISTORY: 1962 Code Section 71-11; 1952 Code Section 71-11; 1942 Code Section 4996-59; 1937 (40) 496; 1947 (45) 489.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-115. County office performance audits.

The state department shall conduct, at least once every five years, a substantive quality review of the child protective services and foster care programs in each county and each adoption office in the State. The county's performance must be assessed with reference to specific outcome measures published in advance by the department. The quality review must assess the accuracy of program data being submitted by the county and examine data and other sources to determine the extent to which outcomes are being achieved. The department shall prepare a detailed narrative report, with supporting data, describing its findings. The state department shall submit the report within ninety calendar days after completion of the review to the Governor and to each member of the county legislative delegation, and the report shall be posted on the department's website. The reports are public information and upon request must be provided without charge to any member of the public within fifteen working days after the request is received. The failure of the state department to conduct the required quality review of any county office is considered nonfeasance in office by the state director and is cause for the state director's removal. This section is not intended to limit the department in the frequency or scope of reviews of county operations.
HISTORY: 1993 Act No. 101, Section 3, eff July 1, 1993; 2002 Act No. 166, Section 1, eff February 8, 2002.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-120. State Department may secure all possible Federal aid.

The State Department may take such action as it may deem necessary, from time to time, to enable the Department to secure for the State and its residents the full benefits available under the Social Security Act of Congress and any amendments thereof and under any other Federal legislation having for its purpose the improvement or extension of social and welfare assistance or services to the people of the United States. But nothing contained in this section shall be construed to authorize any action by the Department in violation of the law of this State.
HISTORY: 1962 Code Section 71-12; 1952 Code Section 71-12; 1942 Code Section 4996-56; 1937 (40) 496; 1947 (45) 489.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-140. State Department shall keep proper records.

The State Department shall keep proper records, including such as may be required by the Federal Government through its appropriate agency or instrumentality, and report such information and data as required.
HISTORY: 1962 Code Section 71-13; 1952 Code Section 71-13; 1942 Code Section 4996-6; 1937 (40) 496.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-150. Rules and regulations governing use and disclosure of public assistance information.

The State Department shall promulgate regulations to comply with federal requirements on the use or disclosure of information concerning applicants or recipients of public assistance, including Medicaid.
When information concerning applicants or recipients of public assistance, including Medicaid, is furnished to or held by another agency or department of government, that agency or department is required to adopt regulations to comply with federal requirements on the use or disclosure of information concerning applicants or recipients of public assistance, including Medicaid.
HISTORY: 1962 Code Section 71-14; 1952 Code Section 71-14; 1942 Code Section 4996-23; 1937 (40) 496; 1941 (42) 265; 1990 Act No. 450, Section 1, eff May 7, 1990.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-160. Unauthorized use or disclosure of public assistance information; penalties.

No person shall use or disclose information concerning applicants or recipients of public assistance, including Medicaid, except for purposes connected with the administration of the applicable program or as authorized by state or federal regulations.
A person, firm, association, corporation, or other agency violating any provision of this section, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
HISTORY: 1962 Code Section 71-14.1; 1953 (48) 504; 1972 (57) 2382; 1990 Act No. 450, Section 2, eff May 7, 1990.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-170. Preparation and submission of annual budget.

The director shall have prepared and submit to the Governor and the General Assembly an annual budget, estimating the necessary funds for discharging the duties imposed upon the Department, after taking into consideration federal funds which have been or may be allotted to the State for such purpose.
HISTORY: 1962 Code Section 71-15; 1952 Code Section 71-15; 1942 Code Section 4996-6; 1937 (40) 496; 1993 Act No. 181, Section 1002, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-190. Depositories; security for deposits.

The director may select the depositories for its funds pending the clearing of assistance checks and require such security on such deposits as it shall deem practicable.
HISTORY: 1962 Code Section 71-17; 1952 Code Section 71-17; 1942 Code Section 4996-29; 1937 (40) 496; 1993 Act No. 181, Section 1003, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-200. Payment of salaries, expenses and assistance; lump sum requisitions.

The director shall designate and authorize the proper officers and employees of the state department to issue its requisition upon the Comptroller General for the payment of salaries or other expenses in the administration of Chapters 1, 3, 5, 7, 9, 19, and 23. The Comptroller General shall draw his warrant upon the State Treasurer as directed by such requisition, and the State Treasurer shall pay such warrants by check or otherwise. In paying assistance granted to recipients in accordance with Chapters 1, 3, 5, 7, 9, 19, and 23, the State Department may include in one lump requisition the total amount it will require to meet monthly payments from the various funds set up under the provisions of Chapters 1, 3, 5, 7, 9, 19, and 23 and disburse such assistance to the individual beneficiaries by its own checks, but attached to such lump sum requisition shall be a list of the beneficiaries and the amounts for each making up the total requisitioned.
HISTORY: 1962 Code Section 71-18; 1952 Code Section 71-18; 1942 Code Section 4996-29; 1937 (40) 496; 1993 Act No. 181, Section 1004, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-205. Program standards for treatment of perpetrators of domestic violence.

For an agency, entity, or organization to receive funds from the Department of Social Services for treatment programs for perpetrators of domestic violence, the agency, entity, or organization must comply with treatment program standards contained in the department's annual Battered Spouse State Plan. These standards must include, but are not limited to, these requirements:
(1) treatment services must be provided by persons with a minimum of a master's degree in social work, counseling, or another related field;
(2) each treatment program shall have at least one person providing supervision to paid and volunteer staff who:
(a) has a minimum of three years of experience working with both perpetrators and victims of domestic violence;
(b) has a minimum of one year of experience in group facilitation; and
(c) holds at least a master's degree in social work, counseling, or another related field.
HISTORY: 1999 Act No. 80, Section 1, eff July 1, 1999.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-210. Annual report and recommendations.

(A) The director shall prepare and submit to the Governor and the General Assembly a full and detailed report of its activities and expenditures annually, including a statement of its personnel and the salaries paid, and shall likewise make such recommendations and suggestions as it shall deem advisable in the execution of its duties to the General Assembly. In addition, this report must include, but is not limited to, the following information:
(1) the monthly total number of cases assigned, as of the last business day of every month, to each case worker in the Department of Social Services Child Protective Services Division;
(2) the monthly total number of children assigned, as of the last business day of every month, to each case worker in the Department of Social Services Child Protective Services Division;
(3) the monthly total number of children seen by the Department of Social Services within twenty-four hours of a report of abuse or neglect that were accepted for intake;
(4) the monthly total number of children that were not seen by the Department of Social Services within twenty-four hours of a report of abuse or neglect;
(5) the total number of children in foster care that were seen by the Department of Social Services each month;
(6) the total number of children in foster care that were not seen by the Department of Social Services each month;
(7) the number of children placed with a relative or other person pursuant to a safety plan;
(8) the number of children placed with a relative licensed as a kinship foster parent;
(9) the number of children placed with a relative not licensed as a kinship foster parent;
(10) for each case in which a relative requests to be licensed as a kinship foster parent, the number of days before a license is granted; and
(11) the number of relatives who apply to be licensed as a kinship foster parent and request a waiver of nonsafety licensing requirements who are subsequently granted a license with the waiver.
(B) The Department of Social Services shall prepare and submit this report no later than March first of each year.
HISTORY: 1962 Code Section 71-19; 1952 Code Section 71-19; 1942 Code Section 4996-6; 1937 (40) 496; 1993 Act No. 181, Section 1005, eff July 1, 1993; 2014 Act No. 281 (H.3102), Section 11, eff June 10, 2014; 2018 Act No. 146 (H.3701), Section 6, eff April 4, 2018.
Effect of Amendment
2014 Act No. 281, Section 11, in the introductory paragraph, added the last sentence, added paragraphs (1) through (6), and added the last undesignated paragraph.
2018 Act No. 146, Section 6, inserted the (A) and (B) designators; in (A), added (7) to (11); and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-230. Restrictions on direct services provided by State Department under Title XX.

Notwithstanding any other provision of law, all direct services provided by the Department of Social Services and through agreement with other state departments or county departments under Title XX of Public Law 93-647 shall be subject to the same planning and contractual provisions required of private nonprofit service providers.
HISTORY: 1977 Act No. 254.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-240. Coordination with First Steps to School Readiness initiative.

The State Department of Social Services in establishing priorities and funding for programs and services which impact on children and families during the first years of a child's life, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to School Readiness initiative, as established in Chapter 152, Title 59, at the state and local levels.
HISTORY: 1999 Act No. 99, Section 5, eff June 28, 1999.
Editor's Note
1999 Act No. 99, Section 8, provides in part as follows:
"The provisions of this act are repealed July 1, 2007, unless reauthorized by the General Assembly."
2006 Act No. 412, Section 2, provides in part as follows:
"Act 99 of 1999, South Carolina First Steps to School Readiness Act, is reauthorized until July 2013."
2013 Act No. 101, Section 117.114, provides as follows:
"117.114. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, is reauthorized for the duration of Fiscal Year 2013-2014."
2014 Act No. 286, Section 117.108, provides as follows:
"117.108. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, is reauthorized for the duration of Fiscal Year 2014-2015."
2014 Act No. 287, Section 20.B, repealed by 2018 Act No. 152, Section 8, provided as follows:
"B. Act 99 of 1999, South Carolina First Steps to School Readiness Act, is reauthorized until July 1, 2016."
2016 Act No. 284, Section 117.128, provides as follows:
"117.128. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, as amended by Act 287 of 2014 is reauthorized for the duration of Fiscal Year 2016-17."
2017 Act No. 97, Section 117.119, provides:
"117.119. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, as amended by Act 287 of 2014 is reauthorized for the duration of Fiscal Year 2017-18."
2018 Act No. 152, Section 8, provides as follows:
"SECTION 8. Section 20B. of Act 287 of 2014 [reauthorizing the South Carolina First Steps to School Readiness Act until July 1, 2016] is repealed. Act 99 of 1999, South Carolina First Steps to School Readiness Act, as amended by this act, is reauthorized until June 30, 2025."
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-260. Repealed.

HISTORY: Former Section, titled Community domestic violence coordinating councils; purpose; membership; revenue generation responsibility, had the following history: 2003 Act No. 92, Section 12, eff January 1, 2004; 2006 Act No. 366, Section 1, eff June 9, 2006. Repealed by 2015 Act No. 58 (S.3), Pt IV, Section 23, eff June 4, 2015. See, now Section 16-25-510 et seq.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-710. Names of persons benefitting from assistance payments available to other state agencies.

The names of persons benefiting from assistance payments under the Department of Social Services programs must be available to other state agencies if not in conflict with federal regulations.
HISTORY: 2008 Act No. 353, Section 2, Pt 24A, eff July 1, 2009.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-720. Establishing and collecting accounts receivable.

The Department of Social Services shall establish and collect accounts receivable in accordance with appropriate and applicable federal regulations.
HISTORY: 2008 Act No. 353, Section 2, Pt 24C, eff July 1, 2009.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 3 - County Departments And Boards Of Social Services › Section 43-3-20. Compensation of members of county boards.

Members of the county boards shall receive the same mileage as is provided by law for state boards, committees and commissions for travel in attending meetings and a per diem, the total per diem not to exceed seventy-five dollars per year.
HISTORY: 1962 Code Section 71-32; 1952 Code Section 71-32; 1942 Code Section 4996-9; 1937 (40) 496; 1951 (47) 506; 1978 Act No. 506; 1993 Act No. 181, Section 1006, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 3 - County Departments And Boards Of Social Services › Section 43-3-30. Chairman; meetings; quorum; rules of procedure.

The members of the respective county boards shall elect one of their members as chairman. Each county board shall meet not less than once a month on regular dates fixed by it unless the director shall designate other regular dates for the various county board meetings. A simple majority of the members shall constitute a quorum and may decide all matters. Each county board may adopt its own rules of procedure unless the state department shall promulgate uniform rules for all county boards to observe.
HISTORY: 1962 Code Section 71-33; 1952 Code Section 71-33; 1942 Code Section 4996-9; 1937 (40) 496; 1979 Act No. 21; 1993 Act No. 181, Section 1006, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 3 - County Departments And Boards Of Social Services › Section 43-3-40. County directors; selection; salaries; duties.

(A) The director shall select a director for each county department, referred to in Chapters 1, 3, 5, 7, 9, 19, and 23 as the county director, to discharge the duties of such office and may select regional directors to oversee the county directors. The salaries of county directors and any regional directors shall be fixed by the director. In fixing these salaries the director shall consider the individual qualifications of the respective directors and the possibilities of their individual positions. The county director shall be the chief executive officer of the county department and shall perform duties as are directed by the director, regional director, or as directed by law.
(B) Regional and county directors serve at the pleasure of the Director of the State Department of Social Services.
HISTORY: 1962 Code Section 71-34; 1952 Code Section 71-34; 1942 Code Section 4996-10; 1937 (40) 496; 1942 (42) 1596; 1947 (45) 489; 1993 Act No. 181, Section 1006, eff July 1, 1993; 1995 Act No. 102, Part VII, Section 6, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 3 - County Departments And Boards Of Social Services › Section 43-3-50. County advisory councils of social services.

Each county board may create a county advisory council of social services to consider and advise with the county board on its problems and the remedies therefor, such council not to exceed five members. Members of such councils shall serve without compensation or allowance for expenses.
HISTORY: 1962 Code Section 71-35; 1952 Code Section 71-35; 1942 Code Section 4996-14; 1937 (40) 496; 1972 (57) 2382; 1993 Act No. 181, Section 1006, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 3 - County Departments And Boards Of Social Services › Section 43-3-60. Duties and powers of county directors.

The respective county directors shall act as the representatives of the director in administering such welfare activities within the county as are provided for by law or as are directed and required by the director when not otherwise provided for by law. Each of such county directors shall see that all laws are enforced for the protection and welfare of minors and the removal of moral menaces to the young and to safeguard and promote the health, education and general welfare of minors. Subject to the rules and regulations of the state department, each of the county directors may use any funds supplied by the county in which the county department operates for such purposes as may be directed by law, in addition to their other duties. Each county director shall serve as the agent of the state department in the performance of such functions as the director may delegate to it.
HISTORY: 1962 Code Section 71-36; 1952 Code Section 71-36; 1942 Code Section 4996-8; 1937 (40) 496; 1993 Act No. 181, Section 1006, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 3 - County Departments And Boards Of Social Services › Section 43-3-65. Office space and facility service to be supplied for county Department of Social Services.

The governing authorities of each county shall provide office space and facility service, including janitorial, utility and telephone services, and related supplies, for its county Department of Social Services.
HISTORY: 1997 Act No. 155, Part II, Section 59A, eff July 1, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 3 - County Departments And Boards Of Social Services › Section 43-3-70. Estimates of county expenses; authority to engage, and qualifications of, agents and employees.

Each county director shall submit to the state director at such times as the latter shall require the director's estimate of the necessary administrative expenses and expenditures in the county, which, when approved by the state director, shall be authority for the county director to engage such other agents and employees as may be necessary in executing the duties and activities delegated to the county director. All such agents and employees shall measure up to the standards fixed by the state director as to education, training, fitness and experience in social work.
HISTORY: 1962 Code Section 71-37; 1952 Code Section 71-37; 1942 Code Section 4996-10; 1937 (40) 496; 1993 Act No. 181, Section 1006, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 3 - County Departments And Boards Of Social Services › Section 43-3-80. County budgets; records of activities and funds.

Each county director shall prepare and submit to the state director, as required by the latter, an estimated budget for carrying out the duties and functions delegated to the county director, and shall maintain an accurate record of the county department's activities and all funds received and expended by it.
HISTORY: 1962 Code Section 71-38; 1952 Code Section 71-38; 1942 Code Section 4996-11; 1937 (40) 496; 1993 Act No. 181, Section 1006, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 3 - County Departments And Boards Of Social Services › Section 43-3-90. Standards of work, procedure and records of county directors.

The respective county directors shall maintain such standards of work, procedure and records as are required by the state director in the discharge of their functions or in the use of any funds provided by the state department.
HISTORY: 1962 Code Section 71-39; 1952 Code Section 71-39; 1942 Code Section 4996-12; 1937 (40) 496; 1993 Act No. 181, Section 1006, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 3 - County Departments And Boards Of Social Services › Section 43-3-100. Records and accounts of county departments; inspection, supervision, and audit.

The records and accounts of each county shall be maintained as prescribed by the director and shall be subject to inspection, supervision, and audit by the state department and in the same manner and with the same effect as may be provided by law for the examination of other public offices.
HISTORY: 1962 Code Section 71-40; 1952 Code Section 71-40; 1942 Code Section 4996-22; 1937 (40) 496; 1993 Act No. 181, Section 1006, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 3 - County Departments And Boards Of Social Services › Section 43-3-110. Reports of county directors.

Each county director shall furnish such reports to the director as the latter shall require, including reports of all receipts and disbursements for assistance, which shall be made in such manner and upon such forms as the director may require. Each county director shall make an annual report of the county department's activities, receipts and disbursements to each member of the county legislative delegation, to the foreman of the county grand jury and to the clerk of court, who shall file such report in his office as a public record. Each county director shall furnish such reports and data as may be required by the state department or the federal government, through its appropriate agency or instrumentality, concerning conditions within its county, the county department's activities and functions and the administration of funds received by the county department.
HISTORY: 1962 Code Section 71-41; 1952 Code Section 71-41; 1942 Code Sections 4996-11, 4996-22; 1937 (40) 496; 1993 Act No. 181, Section 1006, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-10. Implementation and administration of public welfare program; regulations.

The Department of Social Services shall be responsible for maintaining uniformity in the administration of public welfare throughout the State. The director shall be the only person authorized to determine and implement the policies of the department. The department shall issue regulations pursuant to Sections 1-23-10, et seq., whenever changes in federal laws and regulations supersede existing state statutes. In adopting regulations the department shall strive for clarity of language which may be readily understood by those administering aid and by those who apply for or receive aid.
HISTORY: 1978 Act No. 549; 1993 Act No. 181, Section 1007, eff July 1, 1993; 1997 Act No. 133, Section 7, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-15. Applications for assistance; manner and form.

Applications for assistance under the provisions of this chapter shall be made as provided in this chapter and when no such provision has been made in accordance with the manner and form prescribed by the department.
HISTORY: 1976 Code Section 43-5-10; 1962 Code Section 71-51; 1952 Code Section 71-51; 1942 Code Section 4996-15; 1937 (40) 496; 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-20. Payments to support needy child and eligible caretaker; counseling for recipient where aid not being used in best interests of child; appointment of protective payee.

(a) It is the intent of the General Assembly that all payments of aid to families with dependent children shall be utilized and managed in such manner as to support the needy child and his eligible caretaker. Such payments shall include current payments as well as any portion of past payments returned to a current or former recipient.
(b) Whenever the department has reason to believe that any payment of aid to dependent children is not being or may not be used in the best interests of the child, the department shall provide counseling to the recipient and shall provide that continued failure to so use such payments after counseling has begun may result in the appointment of a protective payee in accordance with Section 43-5-65.
HISTORY: 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-24. Provision of information regarding contraception and family planning.

When an individual applies for assistance through the Aid to Families with Dependent Children Program, the Department of Social Services must provide the applicant with information on methods of contraception and family planning, excluding abortion counseling. The Department of Health and Environmental Control shall provide a brochure or some similar information packet on contraceptive methods and family planning to the Department of Social Services which the Department of Social Services can easily reproduce and distribute. Abortion must not be included in the brochure or information packet provided by the Department of Health and Environmental Control. If the applicant expresses an interest in scheduling an appointment with a local health department to obtain further information and counseling on contraceptive methods and family planning, the Department of Social Services shall assist the applicant in scheduling the appointment.
HISTORY: 1994 Act No. 471, Section 1, eff July 14, 1994; 1997 Act No. 133, Section 7, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-25. Wilful use of payment for purpose not in best interests of child; protective payee.

Any person, other than a needy child, who wilfully and knowingly receives or uses any part of a payment of aid to dependent children for a purpose other than in the best interest of the needy children and any eligible caretaker is deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or be imprisoned for not more than one year or both.
If such misuse occurs, a protective payee will be appointed in accordance with Section 43-5-65 to manage assistance funds intended for the otherwise eligible child.
HISTORY: 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-30. Overpayments and underpayments; recoupment or correction.

(a) If an overpayment or underpayment is made under the Family Independence Program, the department shall make every effort to correct payment. If the agency decides to terminate benefits to a client and payments are made pending an appeal of the agency's decision, these payments must be considered overpayment if the agency's decision is upheld.
(b) Overpayment means a financial assistance payment received which exceeds the amount for which the client was eligible. Underpayment means a financial assistance payment received which is less than the amount for which the client unit was eligible.
(c) The agency can recover an overpayment by:
(1) receiving a payment from the client or former client; or
(2) by reducing the amount of any future aid payable to the client. The adjustment in future aid shall not reduce the family's monthly income to less than ninety percent of the amount payable to a family of the same composition with no other income. If no payment is made for a month solely by reason of the recovery of an overpayment, that individual is still considered a recipient of assistance for that month for purposes of enrollment date.
(d) If an individual has received an overpayment and does not repay the agency and is no longer receiving aid so that future payments cannot be reduced, the agency shall make recovery by taking appropriate action under the laws of the State against the income or resources of the individual or family.
(e) Correction of underpayments of assistance must be made to current recipients and those who would be current recipients if the error causing the underpayment had not occurred. For the purposes of determining continued eligibility and amount of assistance, the retroactive corrective payments are not considered income or a resource in the month paid nor in the next following month.
HISTORY: 1978 Act No. 549; 1986 Act No. 323, Section 1, eff February 20, 1986; 1997 Act No. 133, Section 7, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-40. Unlawful publication or other use of records; penalty.

It is unlawful for a person to solicit, disclose, receive, make use of, authorize, knowingly permit, participate in, or acquiesce in the use of a list, name of, or any information concerning persons applying for or receiving public aid or assistance, directly or indirectly derived from the records, papers, files, or communications of the State or county departments of social services or acquired in the course of the performance of official duties, except for purposes directly connected with the administration of Chapters 1, 3, 5, 7, 9, 19, and 23 or of old age assistance, aid to the blind, aid to dependent children, or general relief and in accordance with the regulations of the department.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
HISTORY: 1976 Code Section 43-5-200; 1962 Code Section 71-69; 1952 Code Section 71-69; 1942 Code Section 4996-23; 1937 (40) 496; 1941 (42) 265; 1972 (57) 2382; 1978 Act No. 549; 1993 Act No. 184, Section 233, eff January 1, 1994; 1997 Act No. 133, Section 7, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-45. Notice by department of intended action.

The department shall provide timely and adequate notice in all cases of intended action to discontinue, terminate, suspend, or reduce an assistance grant except in those cases where adequate notice alone would be consistent with the requirements of state law or regulation.
"Timely notice" means notice which is mailed at least ten days before the intended change would be effective.
"Adequate notice" means notice which is mailed not later than the date of action.
Both timely and adequate notice shall include a statement of what action the agency intends to take, the reasons for the intended action, an explanation of the individual's right to request an administrative hearing on the propriety of the intended action and the circumstances under which assistance is continued if a hearing is requested.
HISTORY: 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-50. One-time grant in event assistance check lost, stolen or destroyed.

In the event that a recipient of aid to families with dependent children does not receive an assistance check, or if such check is lost, stolen, or destroyed after receipt but before it is cashed, the county office may authorize a one-time grant in the amount of the original check provided the recipient files an affidavit, under penalty of perjury, stating the facts of the loss, theft, destruction, or nonreceipt of the check and setting forth all material facts relative to its loss, theft, destruction, or nonreceipt. The affidavit shall further witness the recipient's understanding of his obligation, should the lost, stolen, destroyed, or nonreceived check come into his possession, to return such check immediately to the county office and that cashing or attempting to cash such check constitutes fraud.
HISTORY: 1978 Act No. 549; 1979 Act No. 76 Section 1; 1997 Act No. 133, Section 7, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-60. Assistance subject to future legislation; no claim against State.

All assistance granted under Chapters 1, 3, 5, 7, 9, 19, and 23 shall be deemed to be granted and to be held subject to the provisions of any amending or repealing act that may be passed and no recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by an amending or repealing act, nor shall he have any claim against the State for any failure upon the part of the General Assembly in any year to appropriate sufficient funds to pay grants previously made.
HISTORY: 1976 Code 43-5-210; 1962 Code Section 71-70; 1952 Code Section 71-70; 1942 Code Section 4996-28; 1937 (40) 496; 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-70. Identification and proof of residence; verification of employment, income and other information; absence from State.

The department shall require that all persons applying for assistance shall provide acceptable identification and proof of residence and the department shall by regulation specify what constitutes adequate identification and proof of residence. The department shall require that all reports of employment or income be verified by letter or direct contact with the employer of the applicant or recipient and if the verification is made by letter, a stamped self-addressed envelope shall be enclosed and request for prompt return shall be made. The department shall verify all other information related to the eligibility in any case in which there is reason to believe that the applicant has falsified, misrepresented, or omitted any material facts such as age and number of children, real and personal property, including bank accounts and insurance policies or any other resources. No person shall be eligible for aid to families with dependent children unless he is a resident of the State.
If a recipient is or will be absent from the State for a period of thirty days or longer, the department shall consider the recipient ineligible for assistance.
It is not the intent of the General Assembly in enacting this section to create any durational residence requirement.
HISTORY: 1978 Act No. 549; 1979 Act No. 76 Section 4; 1997 Act No. 133, Section 7, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-75. Information from banks concerning applicant or recipient of aid.

The director or his authorized agent may, after signed authorization from the applicant or recipient, request and receive from any bank or other financial institution doing business in South Carolina information with respect to the transaction with any such institution of any applicant for or recipient of any form of aid or relief under this article and it shall be the duty of the officers and employees of such institution to furnish the information within ten working days to the department pursuant to the written request of the director.
HISTORY: 1978 Act No. 549; 1993 Act No. 181, Section 1008, eff July 1, 1993; 1997 Act No. 133, Section 7, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-95. Aid to eighteen-year-old full-time students who are in secondary school or other equivalent training.

Aid may be granted under the provisions of this section to or in behalf of an eligible child over the age of eighteen but not yet nineteen, if he is a full-time student in a secondary school, or in the equivalent level of vocational or technical training.
HISTORY: 1978 Act No. 549; 1986 Act No. 323, Section 3, eff February 20, 1986; 1997 Act No. 133, Section 7, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-120. Request for income tax return; use of information contained in return; notice to recipient; referral to authorities of violations of law.

(a) The Department of Revenue shall provide the director or his designees an abstract of the income tax return requested, or provide information concerning any item of income or expense, including support claimed to have been provided to dependent children or stepchildren, contained in the income tax return or disclosed by any investigation of the income or return of the applicant or recipient.
(b) The information obtained pursuant to this section shall be used or disclosed only for the purpose of enabling the department to verify or determine the eligibility of an applicant or recipient or to enable the Department of Revenue to determine whether tax fraud has been committed.
(c) The applicant or recipient whose income tax records have been requested from the Department of Revenue shall be notified by mail that such request has been made at the time of the request.
(d) Any violation or suspected violation of state or federal law determined under this section shall be referred to the appropriate state or federal law enforcement authorities.
(e) The director or his designees shall be subject to the provisions of Section 12-7-1680 of the 1976 Code regarding the confidentiality of state income tax records.
HISTORY: 1978 Act No. 549; 1993 Act No. 181, Section 1009, eff July 1, 1993; 1997 Act No. 133, Section 7, eff June 11, 1997.