reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-990. Access to sex offender registry.

Notwithstanding any other provision of law, upon request of the department, a criminal justice agency having custody of or access to state or local law enforcement records or county sex offender registries shall provide the department with information pertaining to the criminal history of an adult residing in the home of a child who is named in a report of suspected child abuse or neglect or in a home in which it is proposed that the child be placed. This information shall include conviction data, nonconviction data, arrests, and incident reports accessible to the agency. The department shall not be charged a fee for this service.
HISTORY: 2008 Act No. 361, Section 2.
Subarticle 7
Institutional Abuse and Neglect
DERIVATION TABLE
Showing the sections in former Chapter 7, Title 20 from which the sections in this subarticle were derived.
New
Section Former
Section 63-7-1210 20-7-670(A)-(C),
(E)-(H) 63-7-1220 20-7-670(D) 63-7-1230 20-7-670(I)
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1220. South Carolina Law Enforcement Division investigation of Department of Juvenile Justice and Department of Social Services institutional abuse cases.

The State Law Enforcement Division is authorized to receive and investigate reports of institutional abuse and neglect alleged to have occurred in any institution or foster home operated by the Department of Juvenile Justice and any institution or childcare facility operated by the Department of Social Services. The State Law Enforcement Division may promulgate regulations consistent with this authority to investigate these reports and take remedial action, if necessary.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1230. Immediate entry in Central Registry of name of person determined to have abused child; notification; challenge.

When the investigation performed pursuant to this subarticle results in a determination that an individual has harmed a child or threatened a child with harm, as defined in Section 63-7-20, the name of that individual must be entered immediately in the Central Registry of Child Abuse and Neglect. The department must notify the individual in writing by certified mail that his name has been entered in the registry, of his right to request an appeal of the decision to enter his name in the registry, and of the possible ramifications regarding future employment and licensing if he allows his name to remain in the registry. The procedures set forth in Subarticle 9 apply when an individual challenges the entry of his name in the registry and challenges of the entry in the registry pursuant to this section must be given expedited review in the appellate process.
HISTORY: 2008 Act No. 361, Section 2.
Subarticle 9
Administrative Appeal of Indicated Cases
DERIVATION TABLE
Showing the sections in former Chapter 7, Title 20 from which the sections in this subarticle were derived.
New
Section Former
Section 63-7-1410 20-7-655(A) 63-7-1420 20-7-655(C) 63-7-1430 20-7-655(B), (D)-(F) 63-7-1440 20-7-655(G)
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1410. Purpose.

The purpose of this subarticle is to provide a child protective services appeals process for reports that have been indicated pursuant to Subarticles 5 and 13 and are not being brought before the family court for disposition and for reports indicated and entered in the Central Registry pursuant to Section 63-7-1230 and not being brought before the family court for disposition. The appeals hearing must be scheduled and conducted in accordance with the department's fair hearing regulations. This process is available only to the person determined to have abused or neglected the child.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1420. Appeal of judicial determinations.

If a person requests an appeal under this subarticle and the family court has determined that the person is responsible for abuse or neglect of the child, an appeal pursuant to this subarticle is not available. If the family court reaches such a determination after the initiation of the appeal provided for in this subarticle, the department shall terminate the appeal upon receipt of an order that disposes of the issue. If a proceeding is pending in the family court that may result in a finding that will dispose of an appeal under this subarticle, the department shall stay the appeal pending the court's decision.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1440. Judicial review.

An appellant seeking judicial review shall file a petition in the family court within thirty days after the final decision of the department. The appellant shall serve a copy of the petition upon the department. The family court shall conduct a judicial review in accordance with the standards of review provided for in Section 1-23-380. The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based. The judgment must include a determination of whether the decision of the department that a preponderance of evidence shows that the appellant abused or neglected the child should be affirmed or reversed. The appellant is not entitled to a trial de novo in the family court.
HISTORY: 2008 Act No. 361, Section 2.
Subarticle 11
Judicial Proceedings
DERIVATION TABLE
Showing the sections in former Chapter 7, Title 20 from which the sections in this subarticle were derived.
New
Section Former
Section 63-7-1610 20-7-736(A), 20-7-640(D) 63-7-1620 20-7-110 63-7-1630 20-7-645 63-7-1640 20-7-763 63-7-1650 20-7-738 63-7-1660 20-7-736(B)-(H) 63-7-1670 20-7-762 63-7-1680 20-7-764 63-7-1690 20-7-765 63-7-1700 20-7-766 63-7-1710 20-7-768 63-7-1720 20-7-770
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1610. Jurisdiction and venue.

(A) The family court has exclusive jurisdiction over all proceedings held pursuant to this article.
(B) The county in which the child resides is the legal place of venue.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1620. Legal representation of children.

In all child abuse and neglect proceedings:
(1) Children must be appointed a guardian ad litem by the family court. A guardian ad litem serving on behalf of the South Carolina Guardian ad Litem Program or Richland County CASA must be represented by legal counsel in any judicial proceeding pursuant to Section 63-11-530(C).
(2) The family court may appoint legal counsel for the child. Counsel for the child may not be the same as counsel for:
(a) the parent, legal guardian, or other person subject to the proceeding;
(b) any governmental or social agency involved in the proceeding;
(c) the child's guardian ad litem.
(3) Parents, legal guardians, or other persons subject to any judicial proceeding are entitled to legal counsel. Those persons unable to afford legal representation must be appointed counsel by the family court.
(4) The interests of the State and the Department of Social Services must be represented by the legal representatives of the Department of Social Services in any judicial proceeding.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 199, Section 1; 2010 Act No. 252, Section 1, eff June 11, 2010.
Effect of Amendment
The 2010 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1630. Notice of hearings.

The department shall provide notice of a hearing held in connection with an action filed or pursued under Subarticle 3 or Section 63-7-1650, 63-7-1660, 63-7-1670, 63-7-1680, 63-7-1700, or 63-7-2550 to the foster parent, the preadoptive parent, or the relative who is providing care for a child. The notice must be in writing and may be delivered in person or by regular mail. The notice shall inform the foster parent, preadoptive parent, or relative of the date, place, and time of the hearing and of the right to attend the hearing and to address the court concerning the child. Notice provided pursuant to this section does not confer on the foster parent, preadoptive parent, or relative the status of a party to the action.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1650. Services without removal.

(A) Upon investigation of a report under Section 63-7-920 or at any time during the delivery of services by the department, the department may petition the family court for authority to intervene and provide protective services without removal of custody if the department determines by a preponderance of evidence that the child is an abused or neglected child and that the child cannot be protected from harm without intervention.
(B) The petition shall contain a full description of the basis for the department's belief that the child cannot be protected adequately without department intervention, including a description of the condition of the child, any previous efforts by the department to work with the parent or guardian, treatment programs which have been offered and proven inadequate, and the attitude of the parent or guardian towards intervention and protective services.
(C) Upon receipt of a petition under this section, the family court shall schedule a hearing to be held within thirty-five days of the filing date to determine whether intervention is necessary.
(D) The parties to the petition must be served with a summons and notices of right to counsel and of the hearing date and time along with the petition. Personal jurisdiction over the parties is effected if they are served at least seventy-two hours before the hearing. No responsive pleading to the petition is required. The court may authorize service by publication in appropriate cases and may waive the thirty-five days requirement when necessary to achieve service. A party may waive service or appear voluntarily.
(E) Intervention and protective services must not be ordered unless the court finds that the allegations of the petition are supported by a preponderance of the evidence including a finding that the child is an abused or neglected child as defined in Section 63-7-20 and the child cannot be protected from further harm without intervention.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1670. Treatment plan.

(A) At the close of a hearing pursuant to Section 63-7-1650 or 63-7-1660 and upon a finding that the child shall remain in the home and that protective services shall continue, the family court shall review and approve a treatment plan designed to alleviate any danger to the child and to aid the parents so that the child will not be endangered in the future.
(B) The plan must be prepared by the department and shall detail any changes in parental behavior or home conditions that must be made and any services which will be provided to the family to ensure, to the greatest extent possible, that the child will not be endangered. Whenever possible, the plan must be prepared with the participation of the parents, the child, and any other agency or individual that will be required to provide services. The plan must be submitted to the court at the hearing. If any changes in the plan are ordered, the department shall submit a revised plan to the court within two weeks of the hearing, with copies to the parties and legal counsel. Any dispute regarding the plan must be resolved by the court. The terms of the plan must be included as part of the court order. The court order shall specify a date when treatment goals must be achieved and court jurisdiction ends, unless the court specifically finds that the matter must be brought back before the court for further review before the case may be closed. If the order requires further court review before case closure, the order shall specify a time limit for holding the next hearing.
(C)(1) Unless services are to terminate earlier, the department shall schedule a review hearing before the court at least once every twelve months to establish whether the conditions which required the initial intervention exist. If the conditions no longer exist, the court shall order termination of protective services, and the court's jurisdiction shall end. If the court finds that the conditions which required the initial intervention are still present, it shall establish:
(a) what services have been offered to or provided to the parents;
(b) whether the parents are satisfied with the delivery of services;
(c) whether the department is satisfied with the cooperation given to the department by the parents;
(d) whether additional services should be ordered and additional treatment goals established; and
(e) the date when treatment goals must be achieved and court jurisdiction ends.
(2) The court order shall specify a date upon which jurisdiction will terminate automatically, which must be no later than eighteen months after the initial intervention. Jurisdiction may be extended pursuant to a hearing on motion by any party, if the court finds that there is clear and convincing evidence that the child is threatened with harm absent a continuation of services.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1690. Placement plans; substance abuse issues.

(A) When the conditions justifying removal pursuant to Section 63-7-1660 include the addiction of the parent or abuse by the parent of controlled substances, the court may require as part of the placement plan ordered pursuant to Section 63-7-1680:
(1) the parent to successfully complete a treatment program operated by the Department of Alcohol and Other Drug Abuse Services or another treatment program approved by the department before return of the child to the home;
(2) any other adult person living in the home who has been determined by the court to be addicted to or abusing controlled substances or alcohol and whose conduct has contributed to the parent's addiction or abuse of controlled substances or alcohol to successfully complete a treatment program approved by the department before return of the child to the home; and
(3) the parent or other adult, or both, identified in item (2) to submit to random testing for substance abuse and to be alcohol or drug free for a period of time to be determined by the court before return of the child. The parent or other adult identified in item (2) must continue random testing for substance abuse and must be alcohol or drug free for a period of time to be determined by the court after return of the child before the case will be authorized to be closed.
(B) Results of tests ordered pursuant to this section must be submitted to the department and are admissible only in family court proceedings brought by the department.
HISTORY: 2008 Act No. 361, Section 2; 2014 Act No. 281 (H.3102), Section 5, eff June 10, 2014.
Effect of Amendment
2014 Act No. 281, Section 5, in subsections (A)(1), (A)(2), substituted "to successfully complete" for "successfully must complete"; and in subsection (A)(3), substituted "to submit" for "must submit", substituted "to be alcohol or drug free" for "must be alcohol or drug free", and substituted "authorized to be closed" for "authorized closed".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1720. Clerk of court and court administration progress reports.

(A) Beginning on January 1, 2000, or on the date of compliance with subsection (D), whichever is later, and on the first day of each month thereafter, each county clerk of court must make a report to Court Administration concerning each child protection case pending in family court in which a permanency planning order has not been filed. The report must include the case caption, the filing date, and, if applicable, the date of the permanency planning hearing and the permanency planning order. The clerk is not required to make a report concerning a case after a permanency planning order has been filed in the case.
(B) Court Administration must provide the administrative judge of the family court of each circuit with the information reported concerning cases pending in the circuit.
(C) On August fifteenth of each year, the Director of Court Administration must file with the Chief Justice of the South Carolina Supreme Court, with copies to the Department of Social Services and the Governor, a written report summarizing the information reported by the clerks of court pursuant to this section. The report shall contain, at a minimum, the following information summarized by county, by circuit, and by state:
(1) the number of new cases brought by the department during the preceding twelve months; and
(2) the number of cases filed more than twelve months in which a permanency planning order has not been filed.
The annual report must contain an analysis of the progress of these cases through the family court, identify impediments to complying with statutory mandates, and make recommendations for improving compliance.
(D) No later than January 1, 2000, Court Administration must institute the use of a separate code to identify child protection cases in its data systems. However, if the Chief Justice, upon recommendation of Court Administration, determines that there is a compelling reason why it is not feasible to institute the use of a separate code by January 1, 2000, compliance with this subsection may be deferred for up to twelve months, as necessary, for making adjustments in the data systems. The date of compliance and the compelling reason for any delay beyond January 1, 2000, shall be included in the report required by subsection (E).
(E) Court Administration shall conduct a study of the feasibility of collecting additional data necessary to monitor and ensure compliance with statutory time frames for conducting hearings in department cases, and no later than July 1, 2000, shall submit a report to the Chief Justice, with copies to the Department of Social Services and the Governor, containing recommendations for instituting the necessary data collection system.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1910. Purpose.

The purpose of this subarticle is to establish a system for the identification of abused and neglected children and those who are responsible for their welfare, to provide a system for the coordination of reports concerning abused and neglected children, and to provide data for determining the incidence and prevalence of child abuse and neglect in this State. To further these purposes, the department must maintain one or more statewide data systems concerning cases reported to it pursuant to this article.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1920. Department to maintain Central Registry.

(A) The Department of Social Services must maintain a Central Registry of Child Abuse and Neglect within the department's child protective services unit in accordance with this subarticle and Subarticles 5 and 7 and Section 17-25-135. Perpetrators of child abuse and neglect must be entered in the registry only by order of a court as provided for in this subarticle and Section 17-25-135, or as provided for in Section 63-7-1230. Each entry in the registry must be accompanied by information further identifying the person including, but not limited to, the person's date of birth, address, and any other identifying characteristics, and describing the abuse or neglect committed by the person.
(B) The Central Registry of Child Abuse and Neglect must not contain information from reports classified as unfounded. Other department records and databases must treat unfounded cases as provided for in Section 63-7-930.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1930. Petition for placement in Central Registry.

(A) At any time following receipt of a report, the department may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if placed in a position or setting outside of the person's home that involves care of or substantial contact with children. The department must serve a copy of the petition and summary on the person named as perpetrator. The petition must include a statement that the judge must rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within five days after service of the petition. The name, address, and telephone number of the clerk of court or the clerk's designee must be stated in the petition. If the person named as perpetrator requests a hearing, the court must schedule a hearing on the merits of the allegations in the petition and summary to be held no later than five working days following the request.
(B) The department must seek an order placing a person in the Central Registry pursuant to subsection (A) in all cases in which the department concludes that there is a preponderance of evidence that the person committed sexual abuse.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1940. Court order for placement in Central Registry of Child Abuse and Neglect.

(A) At a hearing pursuant to Section 63-7-1650 or 63-7-1660, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:
(1) shall order, without possibility of waiver by the department, that a person's name be entered in the Central Registry of Child Abuse and Neglect if the court finds that there is a preponderance of evidence that the person:
(a) physically abused the child; however, if the only form of physical abuse that is found by the court is excessive corporal punishment, the court only may order that the person's name be entered in the central registry if item (2) applies;
(b) sexually abused the child;
(c) wilfully or recklessly neglected the child; or
(d) gave birth to the infant and the infant tested positive for the presence of any amount of controlled substance, prescription drugs not prescribed to the mother, metabolite of a controlled substance, or the infant has a medical diagnosis of neonatal abstinence syndrome, unless the presence of the substance or metabolite is the result of a medical treatment administered to the mother of the infant during birth or to the infant;
(2) may, except as provided for in item (1), order that the person's name be entered in the central registry if the court finds by a preponderance of evidence that:
(a) the person abused or neglected the child in any manner, including the use of excessive corporal punishment; and
(b) the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children.
(B) At the probable cause hearing, the court may order that the person be entered in the central registry if there is sufficient evidence to support the findings required by subsection (A).
HISTORY: 2008 Act No. 361, Section 2; 2014 Act No. 281 (H.3102), Section 7, eff June 10, 2014.
Effect of Amendment
2014 Act No. 281, Section 7, rewrote subsection (A)(1); and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1950. Updated records requested.

In cases where a person has been placed in the Central Registry of Child Abuse and Neglect, the outcome of any further proceedings must be entered immediately by the department into the Central Registry of Child Abuse and Neglect. If it is determined that a report is unfounded, the department must immediately purge information identifying that person as a perpetrator from the registry and from department records as provided in Sections 63-7-1920 and 63-7-1960.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1960. Destruction of certain records.

The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes of persons named in department records of indicated cases other than the Central Registry of Child Abuse and Neglect must be destroyed seven years from the date services are terminated. This section does not prohibit the department from maintaining an "indicated case" which contains identifying information on the child who is the subject of the indicated report and those responsible for the child's welfare without identifying a person as perpetrator, and it does not prohibit the department from providing child protective services to the child who is the subject of an indicated report and those responsible for the child's welfare.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1970. Release of information.

Information in the central registry and other department records may be released only as authorized in Section 63-7-1990 or as otherwise specifically authorized by statute. Information in records of the department other than the Central Registry of Child Abuse and Neglect must not be used for screening potential employees or volunteers of any public or private entity, except as specifically provided by Section 63-7-1990 or as otherwise provided by statute. However, nothing in this section prevents the department from using other information in its records when making decisions associated with administration or delivery of the department's programs and services.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-1980. Screening against the Central Registry.

(A) When a statute or regulation makes determination of a person's history of child abuse or neglect a condition for employment or volunteer service in a facility or other entity regulated by the department, the person must be screened against the Central Registry of Child Abuse and Neglect before employment or service in the volunteer role. The person must be screened each time the license, registration, or other operating approval of the facility or other entity is renewed.
(B) When a statute or regulation makes determination of an applicant's history of child abuse or neglect, a condition for issuance of a license, registration, or other operating approval by the department, the applicant must be screened against the Central Registry of Child Abuse and Neglect before issuance of the initial license, registration, or other approval and each time the license, registration, or other operating approval is renewed.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2000. Retention and disclosure of records of unfounded cases.

(A) Notwithstanding other provisions of the law affecting confidentiality of child protective services records and use and disclosure of records of unfounded cases, records concerning unfounded reports must be retained and disclosed as provided in this section.
(B) The alleged perpetrator in an unfounded report who has reason to believe that the report was made maliciously or in bad faith has the right to request in writing that records of the report be retained by the department for up to two years from the date of the case decision. The written request must be received by the department within thirty days of the person's receiving notice of the case decision. A person exercising this right may request a copy of the record of the unfounded case and the department shall provide a copy of the record, subject to subsection (C).
(C) The department shall disclose to persons exercising the rights afforded them under this section whether the report was made anonymously. However, the identity of a reporter must not be made available to the person except by order of the family court.
(D) An alleged perpetrator in an unfounded case who believes the report was made maliciously or in bad faith may petition the family court to determine whether there is probable cause to believe that the reporter acted maliciously or in bad faith. The court shall determine probable cause based on an in camera review of the case record and oral or written argument, or both. If the court finds probable cause, the identity of the reporter must be disclosed to the moving party.
(E) Notwithstanding other provisions of the law affecting confidentiality of child protective services records and use and disclosure of records of unfounded cases, a court conducting civil or criminal proceedings resulting from disclosures authorized by this section may order the department to release the record to any party to the case or the law enforcement.
(F) The department is authorized to release a summary of the allegations and outcome of an investigation for unfounded cases regarding a child and family to a South Carolina Children's Advocacy Medical Response System child abuse health care provider or his designee for evaluation of the child for suspected abuse or neglect.
HISTORY: 2008 Act No. 361, Section 2; 2015 Act No. 75 (S.250), Section 4, eff June 8, 2015.
Effect of Amendment
2015 Act No. 75, Section 4, added (F).
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2010. Annual reports.

The Department of Social Services must furnish annually to the Governor and the General Assembly a report on the incidence and prevalence of child abuse and neglect in South Carolina, the effectiveness of services provided throughout the State to protect children from this harm, and any other data considered instructive.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2330. Placement with relatives.

(A) When the Department of Social Services has custody of a child and places that child with a relative who is licensed to provide foster care, the agency must provide the same services and financial benefits as provided to other licensed foster homes. Children placed pursuant to this section are subject to the permanency planning requirements in Section 63-7-1700.
(B) If the department has determined that it is in the best interest of a child requiring foster care that the child be placed with a relative, and the relative is not licensed to provide foster care, or if a relative advises the department that the relative is interested in providing placement for a child requiring foster care, and the relative is not licensed to provide foster care, the department shall inform the relative of the procedures for obtaining licensure and the benefits of licensure, including eligibility for financial assistance and supportive services, and the risk that the relative may be ineligible for that assistance and services if the relative is not licensed as a foster parent. The department also shall provide information and reasonable assistance to a relative seeking a foster care license to the same extent that it provides this information and assistance to other persons contacting the department about foster care licensing.
HISTORY: 2008 Act No. 361, Section 2; 2018 Act No. 146 (H.3701), Section 4, eff April 4, 2018.
Effect of Amendment
2018 Act No. 146, Section 4, in (B), in the first sentence, inserted "and the relative is not licensed to provide foster care," preceding "the department shall inform the relative" and added ", including eligibility for financial assistance and supportive services, and the risk that the relative may be ineligible for that assistance and services if the relative is not licensed as a foster parent" at the end.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2340. Fingerprint review.

(A) A person applying for licensure as a foster parent or for approval for adoption placement and a person eighteen years of age or older, residing in a home in which a person has applied to be licensed as a foster parent or an approved adoption placement, must undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprinting review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
(B) Any fee charged by the Federal Bureau of Investigation for the fingerprint review must be paid by the individual.
HISTORY: 2008 Act No. 361, Section 2; 2012 Act No. 238, Section 1, eff June 18, 2012.
Effect of Amendment
The 2012 amendment inserted "or for approval for adoption placement" and "or an approved adoption placement" in subsection (A).
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2345. Payment of costs of Federal Bureau of Investigation fingerprint reviews.

Notwithstanding the provisions of Section 63-7-2350, the department is authorized to pay from funds appropriated for foster care the costs of Federal Bureau of Investigation fingerprint reviews for foster care families recruited and selected as potential adoption and foster care providers for children in the custody of the department.
HISTORY: 2008 Act No. 353, Section 2, Pt 24.D.1; 2012 Act No. 238, Section 2, eff June 18, 2012.
Effect of Amendment
The 2012 amendment substituted "recruited and selected as potential adoption and foster care providers for children in the custody of" for "recruited, selected, and licensed by".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2360. Placement of minor sex offenders.

(A) No agency may place a minor in a foster home if the agency has actual knowledge that the minor has been adjudicated delinquent for, or has pled guilty or nolo contendere to, or has been convicted of a sex offense, unless the placement is in a therapeutic foster home or unless the minor is the only child in the foster home at the time of placement and for the length of that minor's placement in the foster home. Notwithstanding this provision, the placing agency may petition the court for an order allowing the minor to be placed in a foster home, other than a therapeutic home, if good cause is shown. Good cause shall include, but not be limited to, the fact that the minor is being placed in a home with his siblings.
(B) The placing agency must inform the foster parent in whose home the minor is placed of that minor's prior history of a sex offense. For purposes of this section the term "sex offense" means:
(1) criminal sexual conduct in the first degree, as provided in Section 16-3-652;
(2) criminal sexual conduct in the second degree, as provided in Section 16-3-653;
(3) criminal sexual conduct in the third degree, as provided in Section 16-3-654;
(4) criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(A);
(5) criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(B);
(6) criminal sexual conduct with minors in the third degree, as provided in Section 16-3-655(C);
(7) engaging a child for a sexual performance, as provided in Section 16-3-810;
(8) producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;
(9) assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;
(10) incest, as provided in Section 16-15-20;
(11) buggery, as provided in Section 16-15-120;
(12) violations of Article 3, Chapter 15 of Title 16 involving a child when the violations are felonies;
(13) accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;
(14) attempt to commit any of the offenses enumerated herein; or
(15) any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the minor's offense should be considered a sex offense.
HISTORY: 2008 Act No. 361, Section 2; 2012 Act No. 255, Section 13, eff June 18, 2012.
Effect of Amendment
The 2012 amendment rewrote subsection (B) to remove references to committing or attempting lewd act upon a child under 16, and add references to criminal sexual conduct with minors in the third degree; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2370. Disclosure of information to foster parents.

Prior to and at the time the department places a child with a foster parent, the department shall disclose to the foster parent all information known by the person making the placement or reasonably accessible to the person making the placement that is necessary to provide adequate care and supervision for the child and to protect the health and safety of the child and the foster family. The information that must be disclosed pursuant to this section includes, but is not limited to, medical and mental health conditions and history of the child, the nature of abuse or neglect to which the child has been subjected, behavioral strengths and challenges, and matters related to the child's educational needs. If the department does not have this information at the time of making the placement, a member of the child's casework team or the child's caseworker shall contact the foster parent and provide the information known to the casework team or reasonably accessible during the first working day following the placement. The child's caseworker shall research the child's record and shall supplement the information provided to the foster parent no later than the end of the first week of placement if additional information is found. When the child's caseworker acquires new information which is likely to affect either the ability of the foster parent to provide adequate care and supervision for the child or is likely to place the health and safety of the child or the foster family at risk, the department shall disclose that information to the foster parent. The obligation to provide this information continues until the placement ends.
HISTORY: 2008 Act No. 361, Section 2; 2018 Act No. 165 (H.3699), Section 5, eff May 3, 2018.
Effect of Amendment
2018 Act No. 165, Section 5, rewrote the section.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2380. Foster parent training.

The Department of Social Services shall establish standards for foster parent training so as to ensure uniform preparedness for foster parents who care for abused or neglected children in the custody of the State. These standards shall specifically prohibit the viewing of standard television programs or reading of articles from popular magazines or daily newspapers as complying with the completion of pre-service or annual foster parent training requirements.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2390. Loss for uninsured damages.

A state agency which places a child in a foster home may compensate a foster family, who has made its private residence available as a foster home, for the uninsured loss it incurs when its personal or real property is damaged, destroyed, or stolen by a child placed in its home, if the loss is found by the director of the placing state agency, or his designee, to have occurred, to have been caused solely or primarily by the acts of the child placed with the foster family, and if the acts of the foster family have not in any way caused or contributed to the loss. Compensation may not be in excess of the actual cost of repair or replacement of the damaged or destroyed property but in no case may compensation exceed five hundred dollars for each occurrence.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2400. Number of foster children who may be placed in a foster home.

(A) A foster home may not provide full-time care for more than five foster children, with the total number of children residing in the household not to exceed eight, including the foster parent's own children, children of other household members, and other children residing in the household, except:
(1) to keep a sibling group together;
(2) to keep a child in the child's home community;
(3) to return a child to a home in which the child was previously placed;
(4) to comply with an order of the court; or
(5) if it is in the best interest of the children as determined by the court.
(B) No more than two of the five foster children referenced in subsection (A) may be classified as therapeutic foster care placements unless one of the exceptions in subsection (A) applies. If one of the exceptions applies, no more than three of the five foster children may be classified as therapeutic foster care placements.
HISTORY: 2016 Act No. 187 (H.4510), Section 1, eff May 25, 2016.
Editor's Note
2016 Act No. 187, Section 2, provides as follows:
"SECTION 2. This act takes effect upon approval by the Governor. Section 63-7-2400(B) does not apply to foster children placed before the effective date of this act."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2510. Purpose.

The purpose of this article is to establish procedures for the reasonable and compassionate termination of parental rights where children are abused, neglected, or abandoned in order to protect the health and welfare of these children and make them eligible for adoption by persons who will provide a suitable home environment and the love and care necessary for a happy, healthful, and productive life.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2520. Jurisdiction.

The family court has exclusive jurisdiction over all proceedings held pursuant to this article. For purposes of this article jurisdiction may continue until the child becomes eighteen years of age, unless emancipated earlier.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2530. Filing procedures.

(A) A petition seeking termination of parental rights may be filed by the Department of Social Services or any interested party.
(B) The department may file an action for termination of parental rights without first seeking the court's approval of a change in the permanency plan pursuant to Section 63-7-1680 and without first seeking an amendment of the placement plan pursuant to Section 63-7-1700. Additionally, the department may amend or supplement a petition for removal or a complaint for removal to include a cause of action for termination of parental rights any time after grounds for termination of parental rights are present.
(C) The hearing on the petition to terminate parental rights must be held within one hundred twenty days of the date the termination of parental rights petition is filed. A party may request a continuance that would result in the hearing being held more than one hundred twenty days after the petition was filed, and the court may grant a continuance in its discretion. If a continuance is granted, the court must issue a written order scheduling the case for trial on a date and time certain.
HISTORY: 2008 Act No. 361, Section 2; 2009 Act No. 41, Section 3, eff July 1, 2009; 2023 Act No. 80 (H.3553), Section 3, eff June 19, 2023.
Effect of Amendment
The 2009 amendment added subsection (C) relating to the time for hearing a petition to terminate parental rights.
2023 Act No. 80, Section 3, in (B), added the second sentence.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2540. Content of petition.

A petition for the termination of parental rights must set forth the:
(1) basis of the court's jurisdiction;
(2) name, sex, date, and place of birth of the child, if known;
(3) name and address of the petitioner and the petitioner's relationship to the child;
(4) names, dates of birth, and addresses of the parents, if known;
(5) names and addresses of a:
(a) legal guardian of the child; or
(b) person or agency having legal custody of the child; and
(6) grounds on which termination of parental rights are sought and the underlying factual circumstances.
HISTORY: 2008 Act No. 361, Section 2.