reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-20. Voluntary admission; notification of guardian ad litem.

(A) If a child is found to be a proper subject for voluntary admission, the director of a treatment program or facility shall admit for treatment an individual who is:
(1) sixteen years of age or older and who applies for admission;
(2) under sixteen years of age if his parent or legal guardian applies for admission on his behalf.
(B) A governmental agency, acting as legal guardian, admitting a child voluntarily, shall notify the child's guardian ad litem within forty-eight hours. If a guardian ad litem has not been appointed, the agency shall petition the court for appointment within seventy-two hours.
HISTORY: 1991 Act No. 88, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-30. Admission of child sixteen or older as inpatient; determination of voluntariness; appointment of guardian ad litem.

When a child sixteen years of age or older is admitted to an inpatient facility at the department, the probate court of the county in which the child resides or where the child applied for admittance shall appoint a guardian ad litem. The guardian ad litem shall review the case and report to the court whether, in the guardian ad litem's opinion, the child had applied voluntarily or if the application was involuntary. The review may not exceed seven days. During the review the guardian ad litem must have access to relevant information and must be able to interview the parents or guardian of the child. If the guardian ad litem suspects the application was involuntary, the guardian ad litem shall notify the court and facility where the child is held. After notification, the facility shall evaluate further the appropriateness of admission and report the findings to the court. After reviewing the opinion of the guardian ad litem and the facility, if the court determines the:
(1) application was voluntary or involuntary and no need for commitment exists, the child must be discharged immediately;
(2) application was voluntary and admission is necessary, there must be no further action before periodic review;
(3) application was involuntary and admission is necessary, the court shall order the facility to file, within three days exclusive of Saturdays, Sundays, and legal holidays after the date of the order, a petition for judicial admission and to retain the child pending a hearing which must be conducted within fifteen days of the filing of the petition;
(4) child is in need of alternative treatment other than admission to a facility, the local mental health center is responsible for coordinating appropriate services.
HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 84, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-40. Discharge of voluntarily admitted child; grounds for not effecting discharge.

The director of a treatment program or facility immediately shall discharge to the parent, legal guardian, or agency a voluntarily admitted child who:
(1) is no longer in need of that treatment program or facility; or
(2) requests his own discharge or whose discharge is requested, in writing, by his parent or legal guardian, or other interested person, unless at least one of the following exists:
(a) the child was admitted on his application if sixteen years of age or older, and the request for discharge is made by a person other than the child, in which case, discharge is conditioned upon agreement of the child;
(b) the child, by reason of age, was admitted on the application of another person, in which case, discharge, before becoming sixteen years of age, is conditioned upon three days' notice, exclusive of Saturdays, Sundays, and legal holidays, being given to and consent being obtained from his parent or legal guardian;
(c) the director of the treatment program or facility, within three days, exclusive of Saturdays, Sundays, and legal holidays, after the child or other interested person requests the child's discharge, files with the court of the county in which the child resided or was present immediately before his admission, a petition for judicial commitment pursuant to Section 44-24-90.
HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-50. Periodic notification to voluntarily admitted child and parent or guardian of right to release.

When admitted to the residential program or facility, thirty days after the date of admission, and every six months after, a voluntarily admitted child must be informed in writing of his right to release in language which is appropriate for his age. The child shall sign a statement to that effect which becomes a part of that child's record. The child's parent or legal guardian or other interested person must be informed also and shall sign a statement to that effect which becomes a part of the child's record.
HISTORY: 1991 Act No. 88, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-70. Taking custody of child needing emergency admission.

If a child in need of emergency admission cannot be examined by a licensed physician pursuant to Section 44-24-60 because his whereabouts are unknown or for any other reason, the petitioner seeking commitment pursuant to Section 44-24-60 shall execute an affidavit stating that he believes the child is in need of emergency admission. The grounds for the belief must be included and a statement that the usual procedure for examination cannot be followed and the reason. Upon presentation of the affidavit, the court may require a law enforcement officer to take the child into custody and transport him for an examination by a licensed physician as provided for in Section 44-24-60. If within the twenty-four hours the child is not examined by a licensed physician or, if upon examination, the physician does not execute the certification provided in Section 44-24-60, the proceedings must be terminated and the child immediately released. Otherwise, proceedings must be held pursuant to Section 44-24-60.
HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 4.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-80. Transportation of child to hospital; parent's or guardian's request to accompany child.

The certificate provided for in Section 44-24-60(A)(2) requires a law enforcement officer, preferably in civilian clothes, to take the child into custody and transport him to the hospital designated by the certification. Upon request, a law enforcement officer shall transport the child's parent, legal guardian, or other adult family member to accompany the child to the hospital. No child may be taken into custody after the expiration of three days from the date of certification. A friend or relative may transport the individual to the hospital designated in the application, if the friend or relative has read and signed a statement on the certificate which clearly states that it is the responsibility of a law enforcement officer to provide timely transportation for the patient and that the friend or relative freely chooses to assume the responsibility. A friend or relative who chooses to transport the patient is not entitled to reimbursements from the State for the cost of the transportation. No child may be subjected to mechanical restraints during transportation except upon the determination by the law enforcement officer that restraints are necessary to prevent the child's escape or harm to himself or others. An officer acting in accordance with this chapter is immune from civil liability.
HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 5.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-90. Notification to child and guardian of petition; contents of petition; right to counsel; examination and conclusions.

(A) Proceedings for judicial admission to a treatment program or facility begin by an interested person filing a written petition with the court of the county where the child is present or where the child is a resident. The petition must state the factual basis of the person's belief that:
(1) the child is in need of treatment;
(2) treatment may be obtained only through an involuntary admission.
(B) The petition may be accompanied by a certificate of an examiner stating that he has examined the child and is of the opinion the child is a child in need of treatment. The certificate or written statement must contain the underlying facts upon which the examiner or petitioner bases his conclusions.
(C) Upon receiving a petition the court shall give the child and his legal guardian, the guardian ad litem, if one has been appointed, and other interested persons notice by certified mail of the petition and of the child's right to counsel. Every reasonable effort must be made to notify the child's natural parents of the petition.
(D) Within three days after a petition for judicial commitment is filed, exclusive of Saturdays, Sundays, and legal holidays, the court shall appoint counsel to represent the child if counsel has not been retained in the child's behalf. The court shall appoint two examiners, one of whom must be a licensed physician, to examine the child and report to the court their findings as to the child's mental condition and the need, if any, for treatment. If the child refuses examination, the court may require a law enforcement officer to take the child into custody and to transport him for examination by the two examiners. After the examination, the child must be released. A record of the examination must be made and offered to his counsel. If the conclusions of the examination are that the child is a child in need of treatment, the underlying facts must be recorded as well as the conclusion. The child or his guardian may request an additional examination by an independent examiner. The examination must be conducted at public expense.
HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 6.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-100. Notice of hearing for emergency or judicial admission.

Notice of the hearing for an emergency admission or a judicial admission must be given to the child or his guardian, his counsel, and other interested persons at least five days before the hearing, exclusive of Saturdays, Sundays, and legal holidays. The notice must include the time, date, and place of the hearing, a clear statement in plain and simple language of the purpose of the proceedings, and the possible consequences to the individual for whom involuntary admission is sought and a copy of the petition or affidavit and supporting certificates of the examining physician.
HISTORY: 1991 Act No. 88, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-110. Examiners' reports; disposition of child when report does not recommend judicial admission, recommends judicial admission, or is divided.

(A) The written reports filed with the court by the designated examiners must include, but are not limited to, questions relating to whether or not the child poses an imminent danger to himself or others, whether or not recent overt acts are indicative of a child in need of treatment, and whether or not a less restrictive placement is recommended and available.
(B) If the report of the examiners is that the child is not in need of judicial admission, the court shall dismiss the petition and the child must be discharged immediately by the place of admission if the child has been admitted to a treatment facility or program.
(C) If the report of the examiners is that the child is a child in need of judicial admission, the court may order that the child be detained at the place of his admission or in another treatment facility or program.
(D) If the report of the examiners is divided, the court may terminate the proceedings or shall designate a third examiner, who must be a psychiatrist or psychologist trained or experienced in the treatment of children, and order that the three examiners render a majority opinion within three days exclusive of Saturdays, Sundays, and legal holidays.
HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 7.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-120. Removal of proceedings to another county.

The child or the child's guardian may request removal of the proceedings to another county of the State when the convenience of witnesses and the ends of justice require it. When the place of the proceedings is changed, all other proceedings must be held in the county to which the place of hearing is changed, unless otherwise provided by the filed consent of the parties in writing or order of the court. The papers must be filed or transferred accordingly.
HISTORY: 1991 Act No. 88, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-130. Hearing; location; testimony; rules of evidence; transcript.

A person to whom notice is required may appear at the hearing, testify and, within the discretion of the court, present and cross-examine witnesses, and the court may receive the testimony of other persons. The court may hold the hearing in a suitable location in the State, without regard to whether the location is in the county of the court conducting the hearing, when the judge is satisfied that the health and welfare of the child concerned is best served by conducting the hearing in a location other than the court. The hearing may be conducted in an informal manner consistent with orderly procedure. The court shall follow the rules of evidence applicable to the probate courts in receiving evidence. The child or his legal guardian may have a free transcript of the record of the proceedings.
HISTORY: 1991 Act No. 88, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-140. Determination after presentation of evidence.

(A) If the court finds, after presentation of all the evidence, that the child is not in need of judicial admission, the court shall order that he must be discharged if he has been hospitalized before the hearing.
(B) If upon completion of the hearing and consideration of the record the court finds upon clear and convincing evidence that the child is in need of judicial admission, the court may order treatment in the department or at another program or facility that agrees to accept the child.
HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 8.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-150. Psychiatric evaluations of children; notification of victims.

(A) A family court may order that a child, who is otherwise before the court on another matter, be given a psychiatric evaluation by the appropriate community mental health center. The community mental health center shall schedule the child for the ordered evaluation as soon as possible and shall provide the family court with a written report of the results of the evaluation within five working days following the evaluation.
(B) If the community mental health center reports to the family court that the child is in need of an inpatient psychiatric evaluation, the family court may commit the child to a hospital designated by the department for a psychiatric evaluation. An order of commitment for psychiatric evaluation may not exceed fifteen days. Upon written request by the department to the court, the evaluation period may be extended for no more than an additional fifteen days. Upon notification by the department to the court that the evaluation has been completed, the court shall issue an order to implement the immediate discharge of the child from the hospital.
(C) If a psychiatric evaluation indicates a child is in need of judicial admission, the family court may:
(1) defer to the probate court for purposes of commitment to a range of services; or
(2) commit to a range of services utilizing the procedures and forms applicable to the probate court pursuant to Chapter 23 and Sections 44-24-90 through 44-24-140.
(D) Any victim of a child charged with a crime and held in detention who is ordered to a mental health facility for a psychiatric evaluation must be notified pursuant to Article 15, Chapter 3, Title 16 of the child's transfer to or discharge from a mental health facility.
HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 9; 2005 Act No. 120, Section 5, eff June 3, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-160. Examination and review of child admitted to inpatient program; program of care and treatment.

A child admitted to an inpatient treatment program must be examined by a member of the professional staff of the program promptly after his admission and must be reviewed by the treatment team within seven days after admission. Promptly after the treatment team review, a formal program of care and treatment designed to meet the needs of the child must be instigated. Results of all examinations and an outline of the child's treatment program must be entered in his clinical record. Unless the child or his legal guardian consents in writing, no treatment may be given which is not recognized as standard mental health treatment.
HISTORY: 1991 Act No. 88, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-170. Right to reexamination; notice of right; proceedings upon petition for reexamination.

(A) A child is entitled to have a reexamination on his own petition or that of another interested person to the court of the county from which he was admitted. The treatment program must inform every child and the child's guardian of the right to petition for reexamination. The notice must be given in writing upon admission to the program and once during the first month of treatment and six months thereafter during the treatment of the child in age appropriate language and in writing.
(B) Upon receipt of the petition the court shall conduct proceedings in accordance with applicable provisions of Sections 44-24-90 through 44-24-140. The proceedings are not required if the petition is filed sooner than six months after the issuance of the order for treatment or sooner than six months after the holding of a hearing pursuant to this section. The costs must be borne by the State.
HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 10.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-180. Court review of case of child involuntarily admitted.

(A) A child in need of treatment admitted involuntarily to a mental health service which removes him from home, must have his case reviewed by the court within twenty days of admission and every six months. If the review determines the child is no longer in need of mental health services or alternative services, he must be discharged immediately.
(B) A child in need of treatment admitted involuntarily to a mental health service where he remains at home, must have the case reviewed sixty days after admission and every six months. If the review determines the child is no longer in need of mental health services or in need of alternative services, the child must be discharged immediately, or, if necessary, the court shall request the mental health center in which the child is being treated to refer the child to the proper alternative services for the child.
(C) The treatment team may petition the court for review after the initial review.
HISTORY: 1991 Act No. 88, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-190. Notification to court when child moved to different program; court approval for move to more restrictive program; placement in crisis stabilization.

(A) No child who has been admitted involuntarily to a treatment facility or program may be moved from a less restrictive program to a more restrictive program without court approval. Court approval is not mandatory for moves from more restrictive to less restrictive programs. The court must be notified within twenty-four hours when a child is moved from one program to another.
(B) A child who has been admitted involuntarily to a treatment facility or program may be placed in community crisis stabilization without court approval for not more than five days. The head of the facility in which the child is placed shall inform the court within three days of placement. Court approval is mandatory to extend the period of crisis stabilization beyond the five days and for each successive five- day extension.
(C) If the child has not been returned to an appropriate treatment program or facility within ten days of being placed in crisis stabilization, the court shall hold a review hearing within fifteen days of the crisis stabilization placement to determine and order the appropriate program for the child.
HISTORY: 1991 Act No. 88, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-200. Unauthorized absence of child from facility or residential program.

(A) If a child committed to an inpatient facility or a residential treatment program is absent without proper authorization, the facility or program director immediately shall notify the appropriate state and local law enforcement officials and the parent or legal guardian of the absence by telephone. The notice also must be confirmed in writing and mailed to the law enforcement officials, parent, or legal guardian within twenty-four hours after the absence is discovered.
(B) A law enforcement officer, upon the request of the facility director or his designee and without necessity of a warrant or a court order, may take the child into custody and return him to the program or facility.
HISTORY: 1991 Act No. 88, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-210. Unlawful to remove child from inpatient facility or residential program without authorization.

It is unlawful for a person, without prior authorization from the child's attending physician or his designee, to take a child away or cause him to be taken away from the grounds of an inpatient facility or residential treatment program. A person violating the provisions of this section, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.
HISTORY: 1991 Act No. 88, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-220. Requirement of discharge planning and continuity of service in community.

No child may be discharged by the department or private hospital without appropriate discharge planning. A member of the child's treatment team shall coordinate in advance with the child's parent or legal guardian as well as other service providers to ensure continuity in service for the child in the community.
HISTORY: 1991 Act No. 88, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-230. Provision of community-based treatment as alternative to hospitalization.

In order to provide community-based treatment as an alternative to hospitalization, the department shall provide or cause to be provided a range of mental health programs for children in each mental health center recognized by the State. Based on available resources and to the extent funds are made available to the department by the General Assembly, the programs must include, but are not limited to:
(1) twenty-four hour emergency assessment;
(2) crisis stabilization;
(3) in-home intervention;
(4) therapeutic foster care;
(5) outpatient counseling, diagnostic evaluation, including psychological testing when required, and psychiatric assessment and evaluation;
(6) consultation with other agencies serving the child.
HISTORY: 1991 Act No. 88, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-240. Agencies to participate in planning and provision of services; exchange of records.

Agencies providing services to children or holding legal custody of children are accountable within their legislative mandate to participate in the planning and service provision to a child determined to be in need of treatment. Agencies shall exchange and share records of services to the child and the child's background.
HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 11.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-250. Consultation with parent or guardian; participation in or cooperation with treatment.

A parent or guardian of a child admitted to a treatment program or facility is entitled and expected to confer at reasonable intervals with the treating physician, psychologist, or other members of the treatment team concerning the child's condition, treatment, or diagnosis. The treatment facility may request that the parent or guardian of a child hospitalized or treated must be available for consultation and cooperation in connection with the treatment process. The treatment facility may request that the court, as part of the relief ordered in the commitment proceedings, order the guardian or parents to cooperate with the treatment process if they have been party to the action.
HISTORY: 1991 Act No. 88, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-260. Child's right to communicate, consult, or visit with agency or person having custody, with counsel, or with private mental health service provider.

A child who is a patient of a treatment facility at all reasonable times may:
(1) communicate and consult with the agency or individual having legal custody of him;
(2) communicate, consult, and visit with legal counsel and private mental health service providers of his parent's or guardian's choice at his own expense. With the consent of the child, and upon request, legal counsel must be provided with copies of the child's treatment records.
HISTORY: 1991 Act No. 88, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-270. Personal, civil, and property rights of child in treatment program.

(A) A child who is a patient of a treatment program has the right to:
(1) receive special education and vocational training in addition to other forms of treatment from the State Department of Education as required by law;
(2) participate in play, recreation, physical exercise, and outdoor activity on a regular basis, in accordance with his needs;
(3) keep and use his own clothing and personal possessions under appropriate supervision;
(4) participate in religious worship;
(5) receive assistance as needed in sending and receiving correspondence and in making telephone calls at his own expense;
(6) receive visitors, under appropriate supervision;
(7) have access to individual storage space for his own use.
(B) No right enumerated in subsection (A) may be restricted without a written statement in the child's treatment record by a member of the child's treatment team. This statement must indicate the detailed reason for the restrictions. A written restriction is effective for not more than sixty days and may be renewed only by the child's attending physician. Reason for renewal must be entered in the child's treatment records. Renewed restrictions may not exceed thirty days.
(C) Except as otherwise provided by law, no child may be denied the right to:
(1) hold a driver's license;
(2) marry or divorce.
(D) Unless adjudicated incompetent, no child may be denied any other rights specified by law.
HISTORY: 1991 Act No. 88, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment › Section 44-24-280. Use of restraint, seclusion, or physical coercion; corporal punishment prohibited.

No child may be subjected to mechanical or chemical restraints, seclusion, or another form of physical coercion or restraint unless the action is authorized by a physician as being required to prevent a child from taking actions which are dangerous to himself or to others or prevent an imminent and substantial disruption of the therapeutic setting of the facility. The authorization for the action must be entered in the child's record within one hour of the action. The authorizations are not valid for more than eight hours unless approved by the facility director or his designee. No child in an inpatient treatment facility of the department may be subjected to corporal punishment.
HISTORY: 1991 Act No. 88, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 25 - Interstate Compact On Mental Health › Section 44-25-10. Compact enacted into law.

The Interstate Compact on Mental Health as set out in Section 44-25-20 is enacted into law and entered into by this State with all other states legally joining therein.
HISTORY: 1962 Code Section 32-1051; 1959 (51) 325.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 25 - Interstate Compact On Mental Health › Section 44-25-30. Director of Mental Health and Director of Disabilities and Special Needs shall be compact administrators.

Pursuant to the compact, the State Directors of the Departments of Mental Health and Disabilities and Special Needs shall be the compact administrators for the mentally ill and persons with intellectual disability, or those with a related disability, respectively, and, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrators shall cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the compact and any supplementary agreement or agreements entered into by this State and thereunder.
HISTORY: 1962 Code Section 32-1053; 1959 (51) 325; 1969 (56) 631; 1993 Act No. 181, Section 1087.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 25 - Interstate Compact On Mental Health › Section 44-25-40. Supplementary agreements with other states.

The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this State or require or contemplate the provision of any service by this State, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction such institution or facility is operated or whose department or agency will be charged with the rendering of such service.
HISTORY: 1962 Code Section 32-1054; 1959 (51) 325.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 25 - Interstate Compact On Mental Health › Section 44-25-50. Family of proposed transferee shall be consulted; probate court shall approve transfer out of State.

The compact administrator shall consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this State to an institution in another party state, shall take no final action without approval of the probate court having jurisdiction of such transferee. Provided, that no person, a legal resident of this State, shall be transferred to another state without written consent of at least one of the following: His or her adult next of kin, committee, custodian or legal guardian; provided, further, that if there is no adult next of kin, committee, custodian or legal guardian, the compact administrator is authorized to initiate transfer proceedings.
HISTORY: 1962 Code Section 32-1055; 1959 (51) 325; 1964 (53) 1875.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 25 - Interstate Compact On Mental Health › Section 44-25-60. Payment of obligations.

The compact administrator, subject to the approval of the State Fiscal Accountability Authority, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the compact or by any supplementary agreement entered into thereunder.
HISTORY: 1962 Code Section 32-1056; 1959 (51) 325.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-20. Right to writ of habeas corpus.

Clients have the right to a writ of habeas corpus.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-30. Right to representation by counsel.

A person with intellectual disability has the right to be represented by counsel when involuntarily committed to the department pursuant to Section 44-20-450.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-40. Determination of competency to consent to or refuse major medical treatment.

If a client resides in a facility operated by or contracted to by the department, the determination of that client's competency to consent to or refuse major medical treatment must be made pursuant to Section 44-66-20 of the Adult Health Care Consent Act. The department shall abide by the decision of a client found competent to consent.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011; 2019 Act No. 85 (H.3602), Section 2, eff May 24, 2019.
Effect of Amendment
2019 Act No. 85, Section 2, in the first sentence, substituted "Section 44-66-20" for "Section 44-66-20(6)".
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-50. Health care decisions of client found incompetent to consent to or refuse major medical treatment.

If the client is found incompetent to consent to or refuse major medical treatment, the decisions concerning his health care must be made pursuant to Section 44-66-30 of the Adult Health Care Consent Act. An authorized designee of the department may make a health care decision pursuant to Section 44-66-30(A)(9) of the Adult Health Care Consent Act. The person making the decision must be informed of the need for major medical treatment, alternative treatments, and the nature and implications of the proposed health care and shall consult the attending physician before making decisions. When feasible, the person making the decision shall observe or consult with the client found to be incompetent.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011; 2019 Act No. 85 (H.3602), Section 3, eff May 24, 2019.
Effect of Amendment
2019 Act No. 85, Section 3, in the second sentence, substituted "Section 44-66-30(A)(9)" for "Section 44-66-30(8)".
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-60. Health care decisions of minor clients.

(A) If the client is a minor, the decisions concerning his health care must be made by the following persons in the following order of priority:
(1) legal guardian;
(2) parent;
(3) grandparent or adult sibling;
(4) other relative by blood or marriage who reasonably is believed by the health care professional to have a close personal relationship with the client;
(5) other person who reasonably is believed by the health care professional to have a close personal relationship with the client;
(6) authorized designee of the department.
(B) If persons of equal priority disagree on whether certain health care must be provided to a client who is a minor, a person authorized in subsection (A), a health care provider involved in the care of the client, or another person interested in the welfare of the client may petition the probate court for an order determining what care is to be provided or for appointment of a temporary or permanent guardian.
(C) Priority under this section must not be given to a person if a health care provider, responsible for the care of a client who is unable to consent, determines that the person is not reasonably available, is not willing to make health care decisions for the client, or is unable to consent as defined in Section 44-66-20 of the Adult Health Care Consent Act.
(D) In an emergency health care may be provided without consent pursuant to Section 44-66-40 of the Adult Health Care Consent Act to a person found incompetent to consent to or refuse major medical treatment or who is incapacitated solely by virtue of minority.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011; 2019 Act No. 85 (H.3602), Section 4, eff May 24, 2019.
Effect of Amendment
2019 Act No. 85, Section 4, in (C), substituted "Section 44-66-20" for "Section 44-66-20(6)".
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-70. Human rights committees.

(A) Human rights committees must be established for each regional center and for each county/multicounty program to:
(1) review and advise the regional center or the county/multicounty board on the policies pertaining to clients' rights policies;
(2) hear and make recommendations to the regional center or county/multicounty board on research proposals which involve individuals receiving services as research participants pursuant to Section 44-20-260;
(3) review and advise the regional center or county/multicounty board on program plans for behavior management which may restrict personal freedoms or rights of clients;
(4) advise the regional center or county/multicounty board on other matters as requested pertaining to the rights of clients.
(B) Human rights committees must be appointed by the director or his designee. Each committee consists of not less than the following five persons, except employees or former employees of the regional center or county/multicounty board must not be appointed:
(1) a family member of a person with intellectual disability or a related disability;
(2) a client of the department, if appropriate;
(3) a representative of the community at large with expertise or a demonstrated interest in the care and treatment of persons with intellectual disability or related disabilities.
(C) The department shall establish policy and procedures for the operations of the committees.
(D) Members of the committees serve in an advisory capacity only and are exempt from liability.
HISTORY: 1992 Act No. 366, Section 1; 1993 Act No. 31, Section 1; 1993 Act No. 181, Section 1089; 2011 Act No. 47, Section 6, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-80. Appeal of decisions concerning services or treatment provided.

A client or his representative has the right to appeal decisions concerning the services or treatment provided by the department, county/multicounty board, or contracted service provider. A human rights committee established in Section 44-26-70 shall review and advise on grievances concerning applicants or clients receiving services. The department shall establish policies and procedures for the review of grievances and the appeal of decisions. The director has final authority.
HISTORY: 1992 Act No. 366, Section 1; 1993 Act No. 181, Section 1090; 2011 Act No. 47, Section 6, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-90. Rights of client not to be denied.

Unless a client has been adjudicated incompetent, he must not be denied the right to:
(1) dispose of property, real and personal;
(2) execute instruments;
(3) make purchases;
(4) enter into contractual relationships;
(5) hold a driver's license;
(6) marry or divorce;
(7) be a qualified elector if otherwise qualified. The county board of voter registration in counties with department facilities reasonably shall assist clients who express a desire to vote to:
(a) obtain voter registration forms, applications for absentee ballots, and absentee ballots;
(b) comply with other requirements which are prerequisite for voting;
(c) vote by absentee ballot if necessary;
(8) exercise rights of citizenship in the same manner as a person without intellectual disability or a related disability.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-100. General rights of clients; limitations on rights.

(A) Except to the extent an interdisciplinary team of a residential program determines that it is required by the medical needs, safety, or habilitative goals of the client to impose restrictions, a client may:
(1) communicate by sealed mail, telephone, or otherwise with persons, including official agencies, inside or outside the institution. Reasonable access to writing materials, stamps, envelopes, and telephones, including reasonable funds or means by which to use telephones, must be provided;
(2) receive visitors. A facility must have a designated area where clients and visitors may speak privately;
(3) wear his clothes, have access to personal hygiene articles, keep and spend a reasonable sum of his money, and keep and use his personal possessions, including articles for personal grooming not provided for by the facility unless the clothes or personal possessions are determined by an intellectual disability professional or physician to be dangerous or otherwise inappropriate to the habilitation regimen. If clothing is provided by the facility, clients must have the opportunity to select from neat, clean, seasonal clothing that allows the client to appear normal in the community. The clothing must be considered to be the client's throughout his stay in the facility;
(4) have access to individual storage space for private use. Personal property of a client brought into the facility and placed in storage by the facility must be inventoried. Receipts must be given to the client and at least one other interested person. The personal property may be reclaimed only by the client or his guardian as long as he is living unless otherwise ordered by the court;
(5) follow or abstain from religious practices. Religious practices may be prohibited by the facility supervisor if they lead to physical harm to the client or to others, harassment of other clients, or damage to property.
(B) The department shall determine what constitutes reasonable access for the rights provided in this section. Limitations imposed on the exercise of the rights by the client and the reasons for the limitations must be made part of the client's record. The limitations are valid for no more than thirty days. The time may be extended an additional thirty days if, upon review, it is determined the client's safety or habilitation warrants limitations of the rights. If the department restricts rights, the reasons for the restriction and why the condition cannot be resolved in a less restrictive manner must be recorded in the client's record.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-110. Right to daily physical exercise.

Clients have the right to daily physical exercise. Operators of a facility shall provide indoor and outdoor areas and equipment for this purpose. Clients determined able to be outdoors on a daily basis pursuant to Section 44-26-150 must be allowed this privilege in the absence of contrary medical considerations or during periods of inclement weather.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-120. Access to medical and habilitative records; grounds for denial of access; appeal of denial of access; disclosure form.

(A) A client or his representative with the appropriate permission may have reasonable access to the client's medical and habilitative records. The requests must be made in writing.
(B) A client or his representative may be refused access to information in the medical and habilitative records if:
(1) provided by a third party under assurance that the information remains confidential;
(2) the attending physician has determined in writing that the information would be detrimental to the client's habilitation regimen. The determination must be placed in the client's records and is considered part of restricted information.
(C) A client or his representative refused access to medical or habilitative records may appeal the refusal to the department director. The director of the residential program shall notify the client or his representative of the right to appeal.
(D) Persons granted access to client records shall sign a disclosure form. Disclosure forms are considered part of a client's confidential record.
HISTORY: 1992 Act No. 366, Section 1; 1993 Act No. 181, Section 1091; 2011 Act No. 47, Section 6, eff June 7, 2011.