reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-40. Temporary crisis placements.

(A) The department is authorized to develop a network of homes and facilities to use for temporary crisis placements for children.
(B) Temporary crisis placements may be made with licensed child welfare agencies including foster homes and residential group facilities. The department also may use volunteers who are screened by the department for the sole purpose of these placements. The screening of volunteer crisis homes shall include Central Registry of Child Abuse and Neglect and criminal history records checks in accordance with Section 63-7-2340. The department shall develop criteria for screening volunteer crisis homes through promulgation of regulations in accordance with the Administrative Procedures Act.
(C) Children in temporary crisis placements are not in the custody of the department and must not be considered to be in foster care. No placement of a child in a temporary crisis home or facility may occur unless it is agreed to by the child's parent, guardian, or custodian and the department. Temporary crisis placements may last no longer than seventy-two hours.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-50. License revocation or refusal to renew.

The department may revoke the license of any child welfare agency which fails to maintain the proper standards of care and service to children in its charge or which violates any provision of this article. No license shall be revoked or its renewal refused except upon thirty days' written notice thereof. Upon appeal from such revocation or refusal to renew a license, the department shall, after thirty days' written notice thereof, hold a hearing, at which time the agency shall be given an opportunity to present testimony and confront witnesses. An appeal of the agency's decision may be made to an administrative law judge pursuant to the Administrative Procedures Act.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-60. Placing children in family homes.

A licensed child welfare agency may place children in family homes for care, if authorized to do so by the department. Any child so placed may be taken from such family home when the child welfare agency responsible for his care is satisfied that the child's welfare requires such action.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-70. Background checks; pardons.

When a provision of law or regulation provides for a criminal history background check in connection with licensing, placement, service as a volunteer, or employment with a child welfare agency, the provision of law or regulation may not operate to prohibit licensing, placement, service as a volunteer, or employment when a conviction or plea of guilty or nolo contendere has been pardoned. However, notwithstanding the entry of a pardon, the department, child welfare agency, or employer may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited for licensing, placement, service as a volunteer, or employment.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-80. Prohibition against certain disclosures of information; exception.

An officer, agent or employee of the department or a child welfare agency shall not disclose, directly or indirectly, information learned about a child, the child's parents or relatives, or other persons having custody or control of the child, except in cases involving a child in the custody or control of persons who have military affiliation.
HISTORY: 2008 Act No. 361, Section 2; 2015 Act No. 62 (H.3548), Section 4, eff June 4, 2015.
Effect of Amendment
2015 Act No. 62, Section 4, rewrote the section.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-90. Penalties.

Any person and any officer, agent or employee of the department or of a child welfare agency who violates any of the provisions of this article, or who shall intentionally make any false statement to the department shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment, in the discretion of the court.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-410. South Carolina Children's Advocacy Medical Response System.

There is created the South Carolina Children's Advocacy Medical Response System, a program to provide coordination and administration of medical service resources to those entities responding to cases of suspected child abuse or neglect. The program is administered by the University of South Carolina School of Medicine.
HISTORY: 2014 Act No. 153 (H.4347), Section 1, eff April 7, 2014.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-420. Definitions.

For purposes of this article:
(1) "Child" has the same meaning as provided for in Section 63-7-20.
(2) "Child abuse or neglect" has the same meaning as provided for in Section 63-7-20.
(3) "Children's advocacy centers" has the same meaning as provided for in Section 63-11-310.
(4) "Program" means the South Carolina Children's Advocacy Medical Response System, created pursuant to this article.
(5) "Health care provider" means a physician, advanced practice registered nurse, or physician assistant licensed to practice in this State pursuant to Article 1, Chapter 47, Title 40, Article 1, Chapter 33, Title 40, and Article 7, Chapter 47, Title 40, respectively.
HISTORY: 2014 Act No. 153 (H.4347), Section 1, eff April 7, 2014.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-430. Program requirements.

(A) The program coordinates and administers child abuse medical service resources for the State, assisting and collaborating with children's advocacy centers and state agencies charged with the investigation, assessment, treatment, and prosecution of child abuse or neglect for children in the State.
(B) The program shall develop, support, and maintain a consistent quality standard of care and practice for the following services intrinsic to the assessment of children with suspected abuse or neglect:
(1) forensic medical examinations, assessments, and diagnoses;
(2) medical consultations;
(3) participation in multidisciplinary team case conferences and reviews; and
(4) medical expert witness services.
(C) The program also shall develop, support, and maintain:
(1) guidelines for the educational, clinical training, and professional development requirements of health care providers participating in the forensic medical assessment of children who are suspected victims of child abuse or neglect;
(2) a standardized clinical assessment tool to report the findings of the forensic medical assessment; and
(3) guidelines for the South Carolina Department of Social Services and law enforcement agencies on when to obtain a forensic medical assessment.
(D) The program shall collect and manage data from child abuse health care providers participating in the program, children's advocacy centers, and children's hospitals for the purposes of establishing quality assurance programs, research, and public policy guidance.
HISTORY: 2014 Act No. 153 (H.4347), Section 1, eff April 7, 2014.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-510. Responsibilities of guardian ad litem.

The responsibilities and duties of a guardian ad litem are to:
(1) represent the best interests of the child;
(2) advocate for the welfare and rights of a child involved in an abuse or neglect proceeding;
(3) conduct an independent assessment of the facts, the needs of the child, and the available resources within the family and community to meet those needs;
(4) maintain accurate, written case records;
(5) provide the family court with a written report, consistent with the rules of evidence and the rules of the court, which includes without limitation evaluation and assessment of the issues brought before the court and recommendations for the case plan, the wishes of the child, if appropriate, and subsequent disposition of the case;
(6) monitor compliance with the orders of the family court and to make the motions necessary to enforce the orders of the court or seek judicial review;
(7) protect and promote the best interests of the child until formally relieved of the responsibility by the family court.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-520. Persons prohibited from appointment as guardians ad litem.

No person may be appointed as a guardian ad litem for a child in an abuse or neglect proceeding who has been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, in Chapter 15 of Title 16, Offenses Against Morality and Decency, in Article 3 of Chapter 53 of Title 44, Narcotics and Controlled Substances, or for the crime of contributing to the delinquency of a minor, provided for in Section 16-17-490.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-530. Guardian ad litem to represent best interests of the child; removal of volunteer guardian ad litem.

(A)(1) The guardian ad litem is charged in general with the duty of representation of the child's best interests. After appointment by the family court to a case involving an abused or neglected child, the guardian ad litem shall receive appropriate notice of all court hearings and proceedings regarding the child. The obligation of the guardian ad litem to the court is a continuing one and continues until formally relieved by the court.
(2) The South Carolina Guardian ad Litem Program, or a county guardian ad litem program operating pursuant to Section 63-11-500, whichever is appropriate, may intervene in an abuse or neglect proceeding in order to petition the court to relieve the volunteer, lay guardian ad litem from appointment for the following reasons:
(a) incapacity;
(b) conflict of interest;
(c) misconduct;
(d) persistent neglect of duties;
(e) incompetence; or
(f) a knowing and wilful violation of program policies and procedures that affect the health, safety, and welfare of the child.
(3) The court shall determine what is in the best interest of the child when ruling on the petition.
(B) The guardian ad litem is authorized to:
(1) conduct an independent assessment of the facts;
(2) confer with and observe the child involved;
(3) interview persons involved in the case;
(4) participate on any multidisciplinary evaluation team for the case on which the guardian ad litem has been appointed;
(5) make recommendations to the court concerning the child's welfare;
(6) make motions necessary to enforce the orders of the court, seek judicial review, or petition the court for relief on behalf of the child.
(C) The guardian ad litem is authorized through counsel to introduce, examine, and cross-examine witnesses in any proceeding involving the child and participate in the proceedings to any degree necessary to represent the child adequately.
HISTORY: 2008 Act No. 361, Section 2; 2009 Act No. 37, Section 1, eff June 2, 2009.
Effect of Amendment
The 2009 amendment designated subparagraph (A)(1) and added subparagraphs (A)(2) and (A)(3) relating to relieving a volunteer, lay guardian ad litem from appointment.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-540. Right of access to information and records.

All reports made and information collected as described in Section 63-7-1990(A) must be made available to the guardian ad litem by the Department of Social Services. Upon proof of appointment as guardian ad litem and upon the guardian ad litem request, access to information must be made available to the guardian ad litem by the appropriate medical and dental authorities, psychologists, social workers, counselors, schools, and any agency providing services to the child.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-550. Confidentiality of records and information.

(A) All reports and information collected pursuant to this article maintained by the South Carolina Guardian ad Litem Program, or a county guardian ad litem program operating pursuant to Section 63-11-500(B) or by a guardian ad litem, are confidential except as provided for in Section 63-7-1990(C). A person who disseminates or permits the unauthorized dissemination of the information is guilty of contempt of court and, upon conviction, may be fined or imprisoned, or both, pursuant to Section 63-3-620.
(B) The name, address, and other identifying characteristics of a person named in a report determined to be judicially unfounded must be destroyed one year from the date of the determination. The name, address, and other identifying characteristics of any person named in a report determined to be judicially indicated must be destroyed seven years from the date that the guardian ad litem formally is relieved of responsibility as guardian ad litem by the family court.
(C) The director of the South Carolina Guardian ad Litem Program or the director's designee, or the chief administrator of a county guardian ad litem program operating pursuant to Section 63-11-500(B), may disclose to the media information contained in child protective services records, if disclosure is limited to discussion of the program's activities in handling the case. The program may incorporate into its discussion of the handling of the case any information placed in the public domain by other public officials, a criminal prosecution, the alleged perpetrator or the attorney for the alleged perpetrator, or other public judicial proceedings. For purposes of this subsection, information is considered "placed in the public domain" when it has been reported in the news media, is contained in public records of a criminal justice agency, is contained in public records of a court of law, or has been the subject of testimony in a public judicial proceeding.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 288, Section 2; 2009 Act No. 37, Section 2, eff June 2, 2009.
Effect of Amendment
The 2009 amendment, in subsection (A), added in the first sentence "or by a guardian ad litem,".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-560. Immunity from liability for guardian ad litem.

After participating in the training program of the South Carolina Guardian ad Litem Program, or a county guardian ad litem program operating pursuant to Section 63-11-500(B), a person who is appointed to serve as guardian ad litem and serves without compensation is not liable for any civil damages for any personal injury as a result of any act or omission by the person in the discharge of the responsibilities of a guardian ad litem if the person acts in good faith and is not guilty of gross negligence.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 288, Section 3.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-570. Funds.

The General Assembly shall provide the funds necessary for the South Carolina Guardian ad Litem Program to carry out the provisions of Sections 63-11-500 through 63-11-560 and 63-7-1990(B)(5). The General Assembly shall not provide any funding for a county guardian ad litem program.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 288, Section 4.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-710. Local boards for review.

(A) There are created sixteen local boards for review of cases of children receiving foster care, one in each judicial circuit, composed of five members appointed by the Governor upon recommendation of the legislative delegation of each county within the circuit for terms of four years and until their successors are appointed and qualify. If the county legislative delegations within a judicial circuit have not recommended to the Governor a person to fill a review board vacancy within ninety days after being notified by certified mail that the vacancy exists, then the local review boards in the judicial circuit may recommend to the Governor someone to fill the vacancy. All local board members must be residents of the judicial circuit which they represent, except where a current or former member is substituting for an absent member. Local boards shall elect their chairman.
(B) If the board of directors determines that additional local review boards are necessary in a judicial circuit because of an excessively large case load for review or if the local board is no longer necessary because of a reduced case load, the board may create or dissolve local review boards by resolution, and the boards created have all authority and duties provided for the boards by the provisions of this article.
(C) In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
(D) In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.
(E) In the Fifth Judicial Circuit, the members of one of the local review boards authorized pursuant to subsection (B) must be appointed by the Kershaw County Legislative Delegation. The local review board appointed by the Kershaw County Legislative Delegation shall be the board in the Fifth Judicial Circuit which primarily deals with cases in Kershaw County.
HISTORY: 2008 Act No. 361, Section 2; 2018 Act No. 175 (H.4832), Section 1, eff May 3, 2018.
Effect of Amendment
2018 Act No. 175, Section 1, added (E).
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-740. Meetings of local boards; staffing.

Local boards shall conduct meetings in the judicial circuit which they represent. Each board must be provided sufficient staff to perform its functions as set forth in this article with funds provided in the annual state general appropriations act. Members of the local boards and former members substituting for an absent member may not receive compensation for their services but must be allowed mileage, per diem, and subsistence as provided by law for state boards, committees, and commissions for attendance at board meetings. If needed to ensure a quorum at a board meeting, a current or former member of a local board may serve as a substitute on a board other than his own board, whether or not the substitute member is a resident of the judicial circuit of that board.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-750. Participation in child abuse and neglect proceedings.

(A) The Foster Care Review Board may participate, through counsel, in child abuse and neglect proceedings pursuant to Sections 63-7-1660, 63-7-1700, 63-7-2520 and in any hearing held pursuant to a motion filed by a named party or party in interest. Participation includes the opportunity to cross-examine witnesses and to present its recommendation to the court.
(B) This section does not require notice of any hearing to be served upon the Foster Care Review Board unless it is a party to the case.
(C) If the Foster Care Review Board intends to participate in any hearing pursuant to this section, it shall inform the Department of Social Services, the court, and the guardian ad litem coordinator or counsel for the guardian ad litem of its intention to appear and participate in the hearing at least twenty-four hours in advance of the hearing.
(D) If the Foster Care Review Board intends to become a party to the action, it shall file a motion to intervene. There is a rebuttable presumption that the motion to intervene shall be granted absent a showing that intervention would be unjust or inappropriate in a particular case.
HISTORY: 2008 Act No. 361, Section 2; 2016 Act No. 238 (H.4546), Section 6, eff June 5, 2016.
Effect of Amendment
2016 Act No. 238, Section 6, rewrote the section, allowing the board to introduce, examine, and cross-examine witnesses.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-760. Immunity from liability.

After participating in a training program of the system for the review of foster care of children, a local review board member is not liable for damages for personal injury as a result of an act or omission in the discharge of his duties as a member if he acts in good faith and his conduct does not constitute gross negligence, recklessness, wilfulness, or wantonness.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-770. Cooperation of public and private agencies.

All public and private agencies and facilities which provide for or arrange foster care for children shall cooperate with the board of directors and local review boards by making available for review records as may be requested.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-780. Petitions for relief.

A person or agency aggrieved by an action or recommendation of a local review board may seek relief by petition to the family court of that county which shall issue a rule to show cause why the action or recommendation of the local review board should not be set aside or modified.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-790. Effect of article on other agencies.

The provisions of this article may not be construed to limit or delay actions by agencies or facilities to arrange for adoptions, foster care, termination of parental rights, or other related matters on their own initiative, nor do the provisions of this article in any manner alter or restrict the duties and authority of these agencies and facilities in those matters.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-910. Fund established.

(A) There is established the Children's Trust Fund of South Carolina, an eleemosynary corporation, the resources of which must be used to award grants to private nonprofit organizations and qualified state agencies in order to stimulate a broad range of innovative child abuse and neglect prevention programs to meet critical needs of South Carolina's children.
(B) The trust fund must accept gifts, bequests, and grants from any person or foundation. The trust fund must supplement and augment but not take the place of services provided by state agencies. A state agency is eligible to receive funds under this article only when the state agency:
(1) proposes a program that meets grant qualifications under this article; and
(2) provides matching funds in an amount at least equal to the grant to maximize the effectiveness of the grant.
(C) The board of directors for the trust fund shall carry out activities necessary to administer the fund including assessing service needs and gaps, soliciting proposals to address identified service needs, and establishing criteria for the awarding of grants.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 273, Section 1.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-920. Board of directors; terms; filling vacancies; compensation; reports.

There is created the Board of Directors for the Children's Trust Fund of South Carolina composed of seventeen members appointed by the Governor, ten at large from the State from nominees of the Board of Directors of the Children's Trust Fund, plus one from each of the state's congressional districts. Members shall serve for terms of four years and until successors are appointed and qualify. Vacancies for any reason must be filled in the manner of the original appointment for the unexpired term.
Members may be paid per diem, mileage, and subsistence as established by the board not to exceed the amounts provided by law for state boards, committees, and commissions. A complete report of the activities of the trust fund must be made annually to the General Assembly.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 273, Section 1; 2012 Act No. 279, Section 30, eff June 26, 2012.
Editor's Note
2008 Act No. 273, Section 15 provides as follows:
"The members of the governing board of the Children's Trust Fund of South Carolina serving on the effective date of this act shall continue to serve until the expirations of their terms, after which their successors must be appointed pursuant to Section 63-11-920 of the 1976 Code, as amended by this act. In appointing the eight additional at-large directors provided pursuant to this act, four must be appointed for initial terms of two years and until their successors are appointed and qualify. The Governor shall note the terms on the appointment."
2012 Act No. 279, Section 33, provides as follows:
"Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy."
Effect of Amendment
The 2012 amendment substituted "ten at large" for "eleven at large".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-930. Powers and duties.

To carry out its assigned functions, the board is authorized, but not limited to:
(1) assess the critical needs for child abuse and neglect prevention;
(2) receive gifts, bequests, and devises for deposit and investment into the trust fund and to award grants to private nonprofit organizations and state agencies that meet certain qualifications;
(3) invest trust fund monies;
(4) solicit proposals for programs which will be aimed at meeting identified child abuse and neglect prevention needs;
(5) provide technical assistance to private, nonprofit organizations, when requested, in preparing proposals for submission to the trust fund;
(6) establish criteria for awarding of grants for child abuse and neglect prevention which shall include the consideration of at least:
(a) the priority of the service need that the proposal addresses;
(b) the quality and soundness of the proposal and its probable effectiveness in accomplishing its objectives;
(c) a cost-benefit analysis of the project;
(d) the degree of community support for the proposal;
(e) the utilization of local resources including volunteers, when appropriate, and matching or in-kind contributions which may be, but are not required;
(f) the qualifications of employees to be hired under the grant;
(g) the experience of the proposed project administrators in providing on going accountability for the program;
(7) enter into contracts for the awarding of grants to private, nonprofit organizations for child abuse and neglect prevention.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 273, Section 1.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-950. Disbursement of funds.

(A) The amount deposited in the trust fund from contributions plus all earnings from the investment of monies of the trust fund credited during the previous fiscal year, after allowances for operating expenses, is available for disbursement upon the authorization of the board of directors.
(B) A quorum of the board members is necessary to authorize the disbursement of funds.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 273, Section 1.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-960. Deposit and distribution of contributions pursuant to Section 12-6-5060.

Funds from the receipt of contributions pursuant to Section 12-6-5060 must be deposited in the Trust Fund for disbursement as prescribed by this article.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 273, Section 1.
Code Commissioner's Note
At the direction of the Code Commissioner, the reference to Section 12-6-2416 was corrected to reference Section 12-6-5060, as provided in 2008 Act No. 361 Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1110 to 63-11-1160. Repealed.

HISTORY: Former Section 63-11-1110, titled Creation, had the following history: 2008 Act No. 361, Section 2; 2014 Act No. 121 (S.22), Pt V, Section 7.LL.1, eff July 1, 2015. Repealed by 2019 Act No. 160, Section 15, eff July 1, 2019.
HISTORY: Former Section 63-11-1120, titled Purpose, had the following history: 2008 Act No. 361, Section 2. Repealed by 2019 Act No. 160, Section 15, eff July 1, 2019.
HISTORY: Former Section 63-11-1130, titled Requirements to be reviewed, had the following history: 2008 Act No. 361, Section 2. Repealed by 2019 Act No. 160, Section 15, eff July 1, 2019.
HISTORY: Former Section 63-11-1140, titled Functions, had the following history: 2008 Act No. 361, Section 2; 2014 Act No. 121 (S.22), Pt V, Section 7.LL.2, eff July 1, 2015. Repealed by 2019 Act No. 160, Section 15, eff July 1, 2019.
HISTORY: Former Section 63-11-1150, titled Placement of emotionally disturbed children out-of-state, had the following history: 2008 Act No. 361, Section 2. Repealed by 2019 Act No. 160, Section 15, eff July 1, 2019.
HISTORY: Former Section 63-11-1160, titled Staffing and funding limitations, had the following history: 2008 Act No. 361, Section 2. Repealed by 2019 Act No. 160, Section 15, eff July 1, 2019.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1310. Purpose.

It is the purpose of this article to develop and enhance the delivery of services to severely emotionally disturbed children and youth and to ensure that the special needs of this population are met appropriately to the extent possible within this State. To achieve this objective, the Continuum of Care for Emotionally Disturbed Children Division is established as a division of the Department of Children's Advocacy. This article supplements and does not supplant existing services provided to this population.
HISTORY: 2008 Act No. 361, Section 2; 2014 Act No. 121 (S.22), Pt V, Section 7.MM.2, eff July 1, 2015; 2018 Act No. 160 (S.805), Section 6, eff July 1, 2019.
Editor's Note
2018 Act No. 160, Sections 18.A and 18.B, provide as follows:
"SECTION 18. A. Where the provisions of this act transfer duties, programs, or services of the Department of Administration to the Department of Children's Advocacy, the employees, authorized appropriations, and assets and liabilities of these divisions, services, and programs also are transferred to and become part of the Department of Children's Advocacy. All classified or unclassified personnel employed by the divisions, programs, services, or initiatives transferred from the Department of Administration, either by contract or by employment at will, become on July 1, 2019, employees of the Department of Children's Advocacy, with the same compensation, classification, and grade level, as applicable. Before the transfer of the applicable divisions, programs, services, or initiatives of the Department of Administration pursuant to this act, these agencies and organizations shall cause all necessary actions to be taken to accomplish this transfer in accordance with state and federal laws and regulations."
"B. Applicable regulations promulgated by the Department of Administration are continued and are considered to be promulgated by the Department of Children's Advocacy. Applicable contracts entered into by the Department of Administration are continued and are considered to be devolved upon the Department of Children's Advocacy at the time of the transfer."
Effect of Amendment
2014 Act No. 121, Section 7.MM.2, substituted "as a division of the Department of Administration" for "in the office of the Governor".
2018 Act No. 160, Section 6, in the second sentence, substituted "Department of Children's Advocacy" for "Department of Administration".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1320. Clients.

(A)(1) The Continuum of Care serves children:
(a) who have been diagnosed as severely emotionally disturbed;
(b) who have exhausted existing available treatment resources or services;
(c) whose severity of emotional, mental, or behavioral disturbance requires a comprehensive and organized system of care.
(2) Priority in the selection of clients must be based on criteria to be established by the Continuum of Care.
(B) Before a court refers a child to the Continuum of Care, it must be given the opportunity to evaluate the child and make a recommendation to the court regarding:
(1) the child's suitability for placement with the Continuum of Care pursuant to the provisions of this article, related regulations, and policies and procedures of administration and operation;
(2) the agencies which offer services most appropriate to meet the child's needs and the proportionate share of the costs among the agencies to meet those needs;
(3) the necessity of obtaining other services for the child if the services provided in item (2) are not available through the existing service delivery system.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1330. Duties.

The Continuum of Care shall perform the following duties and functions:
(1) identify needs and develop plans to address the needs of severely emotionally disturbed children and youth;
(2) coordinate planning, training, and service delivery among public and private organizations which provide services to severely emotionally disturbed children and youth;
(3)(a) augment existing resources by providing or procuring services to complete the range of services needed to serve this population in the least restrictive, most appropriate setting. The scope of services includes, but is not limited to:
(i) in-home treatment programs;
(ii) residential treatment programs;
(iii) education services;
(iv) counseling services;
(v) outreach services;
(vi) volunteer and community services;
(b) provide needed services until they can be procured;
(4) provide case management services directly;
(5) supervise and administer the development and operation of its activities and services on a statewide regional basis.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1340. Director and other staff; promulgation of regulations.

The State Child Advocate may appoint a Director of the Continuum of Care to serve at his pleasure. The director shall employ staff necessary to carry out the provisions of this article. The funds for the division director, staff, and other purposes of the Continuum of Care Division must be provided in the annual general appropriations act. The department, upon the recommendation of the division director, may promulgate regulations in accordance with this article and the provisions of the Administrative Procedures Act and formulate necessary policies and procedures of administration and operation to carry out effectively the objectives of this article.
HISTORY: 2008 Act No. 361, Section 2; 2014 Act No. 121 (S.22), Pt V, Section 7.MM.3, eff July 1, 2015; 2018 Act No. 160 (S.805), Section 7, eff July 1, 2019.
Editor's Note
2018 Act No. 160, Sections 18.A and 18.B, provide as follows:
"SECTION 18. A. Where the provisions of this act transfer duties, programs, or services of the Department of Administration to the Department of Children's Advocacy, the employees, authorized appropriations, and assets and liabilities of these divisions, services, and programs also are transferred to and become part of the Department of Children's Advocacy. All classified or unclassified personnel employed by the divisions, programs, services, or initiatives transferred from the Department of Administration, either by contract or by employment at will, become on July 1, 2019, employees of the Department of Children's Advocacy, with the same compensation, classification, and grade level, as applicable. Before the transfer of the applicable divisions, programs, services, or initiatives of the Department of Administration pursuant to this act, these agencies and organizations shall cause all necessary actions to be taken to accomplish this transfer in accordance with state and federal laws and regulations."
"B. Applicable regulations promulgated by the Department of Administration are continued and are considered to be promulgated by the Department of Children's Advocacy. Applicable contracts entered into by the Department of Administration are continued and are considered to be devolved upon the Department of Children's Advocacy at the time of the transfer."
Effect of Amendment
2014 Act No. 121, Section 7.MM.3, substituted "appoint a Director of the Continuum of Care" for "employ a director" in the first sentence; inserted "division" before "director" in the third sentence; and substituted "department, upon the recommendation of the division director, may" for "division shall" in the last sentence.
2018 Act No. 160, Section 7, in the first sentence, substituted "State Child Advocate" for "Governor", and deleted "who is subject to removal pursuant to the provisions of Section 1-3-240" following "serve at his pleasure".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1350. Confidentiality.

(A) Records, reports, applications, and files kept on any client or potential client of the Continuum of Care are confidential and only may be disclosed in order to develop or provide appropriate services for the client or potential client unless:
(1) the client or potential client or his guardian consents;
(2) a court orders the disclosure for conduct of proceedings before it upon a showing that disclosure is in the public interest;
(3) disclosure is necessary for research conducted or authorized by the Continuum of Care; or
(4) disclosure is necessary to any entity or state agency providing or potentially providing services to the client or potential client.
(B) Nothing in this section:
(1) precludes disclosure, upon proper inquiry, of information as to a client's or potential client's current condition to members of his family; or
(2) requires the release of records of which disclosure is prohibited or regulated by federal law.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1360. Annual report.

The Continuum of Care Division shall submit an annual report to the Governor and General Assembly on its activities and recommendations for changes and improvements in the delivery of services by public agencies serving children.
HISTORY: 2008 Act No. 361, Section 2; 2014 Act No. 121 (S.22), Pt V, Section 7.MM.4, eff July 1, 2015; 2018 Act No. 160 (S.805), Section 8, eff July 1, 2019.
Editor's Note
2018 Act No. 160, Sections 18.A and 18.B, provide as follows:
"SECTION 18. A. Where the provisions of this act transfer duties, programs, or services of the Department of Administration to the Department of Children's Advocacy, the employees, authorized appropriations, and assets and liabilities of these divisions, services, and programs also are transferred to and become part of the Department of Children's Advocacy. All classified or unclassified personnel employed by the divisions, programs, services, or initiatives transferred from the Department of Administration, either by contract or by employment at will, become on July 1, 2019, employees of the Department of Children's Advocacy, with the same compensation, classification, and grade level, as applicable. Before the transfer of the applicable divisions, programs, services, or initiatives of the Department of Administration pursuant to this act, these agencies and organizations shall cause all necessary actions to be taken to accomplish this transfer in accordance with state and federal laws and regulations."
"B. Applicable regulations promulgated by the Department of Administration are continued and are considered to be promulgated by the Department of Children's Advocacy. Applicable contracts entered into by the Department of Administration are continued and are considered to be devolved upon the Department of Children's Advocacy at the time of the transfer."
Effect of Amendment
2014 Act No. 121, Section 7.MM.4, substituted "Department of Administration" for "Governor".
2018 Act No. 160, Section 8, substituted "Governor" for "Department of Administration".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1510. System established.

There is established the Interagency System for Caring for Emotionally Disturbed Children, an integrated system of care to be developed by the Continuum of Care for Emotionally Disturbed Children in the Department of Children's Advocacy, the Department of Disabilities and Special Needs, the Department of Health and Human Services, the Department of Mental Health, and the Department of Social Services to be implemented by November 1, 1994. The goal of the system is to implement South Carolina's Families First Policy and to support children in a manner that enables them to function in a community setting. The system shall provide assessment and evaluation procedures to insure a proper service plan and placement for each child. This system must have as a key component the clear identification of the agency accountable for monitoring on a regular basis each child's care plan and procedures to evaluate and certify the programs offered by providers.
HISTORY: 2008 Act No. 361, Section 2; 2014 Act No. 121 (S.22), Pt V, Section 7.MM.5, eff July 1, 2015; 2018 Act No. 160 (S.805), Section 9, eff July 1, 2019.
Editor's Note
2018 Act No. 160, Sections 18.A and 18.B, provide as follows:
"SECTION 18. A. Where the provisions of this act transfer duties, programs, or services of the Department of Administration to the Department of Children's Advocacy, the employees, authorized appropriations, and assets and liabilities of these divisions, services, and programs also are transferred to and become part of the Department of Children's Advocacy. All classified or unclassified personnel employed by the divisions, programs, services, or initiatives transferred from the Department of Administration, either by contract or by employment at will, become on July 1, 2019, employees of the Department of Children's Advocacy, with the same compensation, classification, and grade level, as applicable. Before the transfer of the applicable divisions, programs, services, or initiatives of the Department of Administration pursuant to this act, these agencies and organizations shall cause all necessary actions to be taken to accomplish this transfer in accordance with state and federal laws and regulations."
"B. Applicable regulations promulgated by the Department of Administration are continued and are considered to be promulgated by the Department of Children's Advocacy. Applicable contracts entered into by the Department of Administration are continued and are considered to be devolved upon the Department of Children's Advocacy at the time of the transfer."
Effect of Amendment
2014 Act No. 121, Section 7.MM.5, substituted "in the Department of Administration" for "of the Governor's Office" in the first sentence.
2018 Act No. 160, Section 9, in the first sentence, substituted "Department of Children's Advocacy" for "Department of Administration" and "Department of Health and Human Services" for "State Health and Human Services Finance Commission".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 11 - Children's Services Agencies › Section 63-11-1520. State agency responsibilities.

The Department of Social Services, in conjunction with the other agencies involved in the Families First Initiative, shall design and manage a component of the Interagency System for Caring for Emotionally Disturbed Children, for families and children identified as in need of special support in the community or when necessary, in a substitute care setting. In an effort to reduce the number of children developing emotional and behavioral disorders, this component of the system must be designed to provide intense services for children who are at risk for removal or who must be removed from their families or who are having difficulty in substitute care and must include age appropriate substitute care. Services provided under this component of the system may be provided by the department to children who are not in the custody of the State. This component of the system must be implemented by January 1, 1995, and the department shall report quarterly to the Senate Finance Committee and the House Ways and Means Committee on the activities of this component of the system including, but not limited to, services provided clients served, and assessment of the progress and success of this component in carrying out the purposes of this section.
HISTORY: 2008 Act No. 361, Section 2.