reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2550. Service of petition.

(A) A summons and petition for termination of parental rights must be filed with the court and served on:
(1) the child, if the child is fourteen years of age or older;
(2) the child's guardian ad litem, appointed pursuant to Section 63-7-2560(B), if the child is under fourteen years of age;
(3) the parents of the child; and
(4) an agency with placement or custody of the child.
(B) The right of an unmarried biological father, as defined in Section 63-9-820, to receive notice of a termination of parental rights action must be governed by the notice provisions of Section 63-9-730(B)(1), (3), (4), (5), and (6), and Subarticle 8, Chapter 9.
HISTORY: 2008 Act No. 361, Section 2; 2009 Act No. 41, Section 4, eff July 1, 2009.
Editor's Note
2009 Act No. 41 Section 6 provides as follows:
"This act takes effect July 1, 2009, except that those provisions of Section 1 of this act pertaining to the establishment of the Responsible Father Registry and the receipt of claims of paternity by the registry take effect January 1, 2010, and those provisions of Section 1 of this act and Section 63-9-730 of the 1976 Code, as amended by Section 2 of this act, affecting an unmarried biological father's right to receive notice in a termination of parental rights or an adoption action by filing a claim of paternity and Section 63-7-2550(B) of the 1976 Code, as added by Section 4 of this act, apply to termination of parental rights actions and adoption actions filed on or after July 1, 2010."
Effect of Amendment
The 2009 amendment designated subsection (A) and in subparagraph (1), added ", if the child is fourteen years of age or older", added subparagraph (2) relating to notice to the guardian ad litem of a child under fourteen, and redesignated subparagraphs (2) and (3) as subparagraphs (3) and (4); and added subsection (B) relating to notice to unmarried biological fathers.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2560. Representation by counsel; guardian ad litem.

(A) Parents, guardians, or other persons subject to a termination of parental rights action are entitled to legal counsel. Those persons unable to afford legal representation must be appointed counsel by the family court, unless the defendant is in default.
(B) A child subject to any judicial proceeding under this article must be appointed a guardian ad litem by the family court. If a guardian ad litem who is not an attorney finds that appointment of counsel is necessary to protect the rights and interests of the child, an attorney must be appointed. If the guardian ad litem is an attorney, the judge must determine on a case-by-case basis whether counsel is required for the guardian ad litem. However, counsel must be appointed for a guardian ad litem who is not an attorney in any case that is contested.
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 63-7-2580. Permanency of order.

(A) If the court finds that a ground for termination, as provided for in Section 63-7-2570, exists, the court may issue an order forever terminating parental rights to the child. Where the petitioner is an authorized agency, the court shall place the child in the custody of the petitioner or other child-placing agency for adoption and shall require the submission of a plan for permanent placement of the child within thirty days after the close of the proceedings to the court and to the child's guardian ad litem. Within an additional sixty days the agency shall submit a report to the court and to the guardian ad litem on the implementation of the plan. The court, on its own motion, may schedule a hearing to review the progress of the implementation of the plan.
(B) If the court finds that no ground for termination exists and the child is in the custody of the Department of Social Services, the order denying termination must specify a new permanent plan for the child or order a hearing on a new permanent plan.
(C) If the court determines that an additional permanency hearing is not needed, the court may order:
(1) the child returned to the child's parent if the parent has counterclaimed for custody and the court determines that the return of the child to the parent would not cause an unreasonable risk of harm to the child's life, physical health or safety, or mental well-being. The court may order a specified period of supervision and services not to exceed twelve months;
(2) a disposition provided for in Section 63-7-1700(E) if the court determines that the child should not be returned to a parent.
(D)(1) If the court determines that an additional permanency hearing is required, the court's order shall schedule a permanency hearing to be held within fifteen days of the date the order is filed. The court's order must be sufficient to continue jurisdiction over the parties without any need for filing or service of pleadings by the department. The permanency hearing must be held before the termination of parental rights trial if reasonably possible.
(2) At the hearing, the department shall present a proposed disposition and permanent plan in accordance with Section 63-7-1700. No supplemental report may be required. The hearing and any order issuing from the hearing shall conform to Section 63-7-1700.
(3) If the court approves retention of the child in foster care pursuant to Section 63-7-1700(E), any new plan for services and placement of the child must conform to the requirements of Section 63-7-1680. Section 63-7-1680 requires the plan to address conditions that necessitated removal of the child, but the plan approved pursuant to this subsection shall address conditions that necessitate retention of the child in foster care.
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 63-7-2590. Effect of order.

(A) An order terminating the relationship between parent and child under this article divests the parent and the child of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other, except the right of the child to inherit from the parent. A right of inheritance is terminated only by a final order of adoption.
(B) The relationship between a parent and child may be terminated with respect to one parent without affecting the relationship between the child and the other parent.
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 63-7-2600. Confidentiality.

All papers and records pertaining to a termination of parental rights are confidential and all court records must be sealed and opened only upon order of the judge for good cause shown.
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 63-7-2620. Construction of law.

This article must be liberally construed in order to ensure prompt judicial procedures for freeing minor children from the custody and control of their parents by terminating the parent-child relationship. The interests of the child shall prevail if the child's interest and the parental rights conflict.
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 63-7-2700. Purpose.

The purpose of this article is to establish procedures for a child who is or was in the legal custody of the Department of Social Services on the child's eighteenth birthday and who has not attained age twenty-one to receive services and supports that promote emotional well-being, economic productivity, self-sufficiency, connection to family and community, and a successful transition to adulthood upon leaving the state's foster care system.
HISTORY: 2022 Act No. 143 (H.3509), 1, eff April 25, 2022 and upon contingency.
Editor's Note
2022 Act No. 143, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and is contingent upon funding in the general appropriations bill."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2720. Creation and implementation of extended foster care program.

There is created within the Department of Social Services an extended foster care program for eligible children, as the term "child" is defined in Section 63-7-2710. An eligible child is under the placement and care responsibility of the department while participating in the program. The department must provide placement in a licensed foster family home, childcare institution, or in an approved or licensed supervised independent living setting. The department shall adopt rules and promulgate regulations as necessary to implement the extended foster care program.
HISTORY: 2022 Act No. 143 (H.3509), Section 1, eff April 25, 2022 and upon contingency.
Editor's Note
2022 Act No. 143, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and is contingent upon funding in the general appropriations bill."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2730. Voluntary extension of foster care; jurisdiction; transition plan.

(A) Before a child's eighteenth birthday, the child may provide written authorization to remain under the placement and care responsibility of the department after the child attains age eighteen and the court may conclude that it is in the child's best interests to remain under the placement and care responsibility of the department after the child's eighteenth birthday. In such cases, the court's jurisdiction shall continue until the court issues an order terminating its jurisdiction. In no case may the court's jurisdiction pursuant to this article continue beyond the child's twenty-first birthday.
(B) Subject to eligibility criteria established by the department, after attaining age eighteen, a child may enter into a voluntary placement agreement with the department to remain under or return to the placement and care responsibility of the department. The department must develop a transition plan for a child who remains in or returns to the placement and care responsibility of the department.
(C) A voluntary placement agreement terminates within one hundred eighty days after it is executed, unless the court determines that it is in the child's best interests to remain under the placement and care responsibility of the department.
HISTORY: 2022 Act No. 143 (H.3509), Section 1, eff April 25, 2022 and upon contingency.
Editor's Note
2022 Act No. 143, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and is contingent upon funding in the general appropriations bill."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2740. Proceedings for review of voluntary placement agreement.

(A) Within thirty days of entering a voluntary placement agreement, the department shall initiate proceedings for the review of the agreement by filing with the court a summons, petition, and supplemental report as outlined in subsection (B). The summons, petition, and supplemental report must be served on the child and must include notice of the procedures to request counsel if the child desires representation at the proceedings. No responsive pleading is required. If the child does not have private representation, an attorney can be requested by the child and provided by the Commission on Indigent Defense under the Rule 608 contract program or Rule 608 of the South Carolina Appellate Court Rules.
(B) The supplemental report must include the following:
(1) information necessary to support a determination that the child is eligible to remain under the placement and care responsibility of the department, that the child wants to remain under the placement and care responsibility of the department, and that remaining under the placement and care responsibility of the department is in the child's best interests;
(2) the voluntary placement agreement; and
(3) a transition plan which states specific, measurable goals and objectives.
(C) The court shall conduct a hearing on the petition within sixty days of the filing of the petition. The department must provide written notice of the hearing to the child at least ten days before the hearing and the child is entitled to be present for the hearing.
(D) The court shall include its findings and conclusions in a written order that addresses whether:
(1) the child wants to remain under the placement and care responsibility of the department;
(2) remaining under the placement and care responsibility of the department is in the best interests of the child;
(3) the services provided to the child improve placement;
(4) the services provided to the child further the child's educational or vocational goals, as applicable; and
(5) the department has made reasonable efforts to support the child's transition to living independently.
(E) Under no circumstances may a voluntary placement agreement exceed a child's twenty-first birthday.
HISTORY: 2022 Act No. 143 (H.3509), Section 1, eff April 25, 2022 and upon contingency.
Editor's Note
2022 Act No. 143, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and is contingent upon funding in the general appropriations bill."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2750. Court-ordered extension of foster care; annual review of child's status; guardian ad litem.

(A) A child who is in the legal custody of the department on the child's eighteenth birthday and who, due to a physical, intellectual, emotional, or psychiatric impairment, cannot execute a voluntary placement agreement in accordance with Section 63-7-2730 (B), may remain in foster care beyond the child's eighteenth birthday and until the department has coordinated appropriate services for a successful transition to adulthood.
(B) Before the child's eighteenth birthday, at a hearing held pursuant to Section 63-7-700, 63-7-1660, 63-7-1680, or 63-7-1700, the court must determine that it is in the child's best interests to remain under the placement and care responsibility of the department beyond the child's eighteenth birthday due to a physical, intellectual, emotional, or psychiatric impairment and until the department has coordinated appropriate services for a successful transition to adulthood. The court shall continue to review the child's status annually pursuant to Section 63-7-1700.
(C) The child's guardian ad litem shall continue to serve as outlined in Section 63-11-510. If the child's guardian ad litem cannot continue to serve, the court shall appoint a guardian ad litem to represent the child as outlined in Section 63-11-510.
(D) The jurisdiction of the court continues until the court determines the department has coordinated appropriate transitional services, but in no case may the court's jurisdiction pursuant to this article exceed the child's twenty-first birthday.
HISTORY: 2022 Act No. 143 (H.3509), Section 1, eff April 25, 2022 and upon contingency.
Editor's Note
2022 Act No. 143, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and is contingent upon funding in the general appropriations bill."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2760. Administrative case review; development of transition plan.

(A) The department shall establish a developmentally appropriate administrative process to review the case of a child who remains under the placement and care responsibility or in the legal custody of the department beyond the child's eighteenth birthday pursuant to Section 63-7-2730(B) or 63-7-2750.
(B) The department or a contracted provider must conduct an administrative case review no less frequently than once every six months to promote the development of a transition plan designed to help the child acquire the skills necessary to live independently or to promote the delivery of supportive services for the child who, due to physical, intellectual, emotional, or psychiatric impairment, cannot live independently.
(C) Administrative case reviews must include the child and if the child consents, the child's parents, and any other supportive adult identified by the child.
(D) The panel conducting the administrative case review shall present its findings and conclusions to all parties who are entitled to participate in the administrative case review in a written report on a form approved by the department.
HISTORY: 2022 Act No. 143 (H.3509), Section 1, eff April 25, 2022 and upon contingency.
Editor's Note
2022 Act No. 143, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and is contingent upon funding in the general appropriations bill."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2770. Permanency planning hearings.

(A) If a child remains in the legal custody of the department in accordance with Section 63-7-2750, permanency planning hearings must be held annually and in accordance with Section 63-7-1700. The court shall review the status of the child, the child's transition plan, and the progress being made to coordinate supportive services for the child's successful transition to adulthood.
(B) If a child is under the placement and care responsibility of the department in accordance with Section 63-7-2730(B), upon motion filed by the department, the court shall conduct a permanency planning hearing. A permanency planning hearing must be held on an annual basis for as long as the child remains under the placement and care responsibility of the department. The department shall attach a supplemental report to the motion for permanency planning that includes the transition plan and the report of the administrative case review conducted pursuant to Section 63-7-2760. The motion, supplemental report, and notice of the hearing must be served upon the child at least ten days before the permanency planning hearing and the child is entitled to be present for the hearing. The notice of the hearing must inform the child of the procedures to request counsel if the child desires representation. No responsive pleading is required.
(C) The order issued as a result of a hearing pursuant to subsection (B) must make specific findings regarding progress being made toward the child's successful transition from the placement and care responsibility of the department and achieving independence, including whether:
(1) the child wants to remain under the placement and care responsibility of the department pursuant to a voluntary placement agreement;
(2) there is a transition plan that contains specific, measurable goals;
(3) the services being provided are designed to support the child's successful transition to living independently;
(4) the services being provided further the child's placement, vocational, or educational goals;
(5) additional services are necessary to support the child's successful transition to living independently; and
(6) the department has made reasonable efforts to support the child's transition to living independently.
(D) A permanency planning hearing held pursuant to this section meets the requirements of the case review required pursuant to Section 63-7-2760.
HISTORY: 2022 Act No. 143 (H.3509), Section 1, eff April 25, 2022 and upon contingency.
Editor's Note
2022 Act No. 143, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and is contingent upon funding in the general appropriations bill."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2780. Review of progress toward meeting goals in transition plan.

Upon motion of the child or the department at any time, the court may review the child's case to address progress being made toward meeting the child's goals as set forth in the transition plan. The department must provide notice at least ten days before a hearing held pursuant to this section, and the notice must advise the child of the procedures to request counsel if the child desires representation. The child is entitled to be present for the hearing. No responsive pleading is required.
HISTORY: 2022 Act No. 143 (H.3509), Section 1, eff April 25, 2022 and upon contingency.
Editor's Note
2022 Act No. 143, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and is contingent upon funding in the general appropriations bill."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2790. Notice of adverse decision; right to appeal; judicial review.

(A) If the department denies, disqualifies, terminates, or suspends a child from participation in the extended foster care program created pursuant to this article, the department shall notify the child in writing of the right to appeal the adverse decision through the department's fair hearings procedures, unless there is a case pending before the family court that can dispose of the issue. Such notice must be served by certified mail. The notice must explain the fair hearings procedures and must inform the child that notice of intent to appeal must be submitted within thirty days of receipt of the adverse decision. If the department denies, disqualifies, terminates, or suspends a child from participation in the extended foster care program, that child is automatically entitled to representation by a South Carolina licensed attorney. If the child does not have private representation, an attorney can be requested by the child and provided by the Commission on Indigent Defense under the Rule 608 contract program or Rule 608 of the South Carolina Appellate Court Rules.
(B) Judicial review of a final agency decision is in the family court. A child seeking judicial review shall file a petition in the family court within thirty days after the final decision of the department. The child 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 to disqualify, terminate, or suspend the child from participation in the extended foster care program should be affirmed or reversed. The child is not entitled to a trial de novo in the family court.
HISTORY: 2022 Act No. 143 (H.3509), Section 1, eff April 25, 2022 and upon contingency.
Editor's Note
2022 Act No. 143, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and is contingent upon funding in the general appropriations bill."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2810. Purpose.

The purpose of this article is to supplement the South Carolina legal guardianship law by making possible through public supplemental benefits the most appropriate placement of a child with a legal guardian certified by the Department of Social Services as requiring a supplemental benefit to assure legal guardianship.
HISTORY: 2023 Act No. 25 (S.380), Section 6, eff May 16, 2023.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2820. Definitions.

When used in this article:
(1) "Child" means a person under the age of twenty-one.
(2) "Department" means the Department of Social Services.
(3) "Fictive kin" means an individual who is not related by birth, adoption, or marriage to a child but has an emotionally significant relationship with the child or the child's family.
(4) "Relative" means an individual within the first, second, or third degree to a parent or stepparent of a child who may be related through blood, marriage, or adoption or through the establishment of a fictive kin relationship.
(5) "Supplemental legal guardianship benefits" means monthly payments made by the department to a legal guardian pursuant to and after entering a written agreement with a relative or fictive kin to provide support for a child who without supplemental support may not achieve permanency through legal guardianship.
HISTORY: 2023 Act No. 25 (S.380), Section 6, eff May 16, 2023.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2830. Establishment of supplemental benefits for legal guardianship program.

The department shall establish and administer an ongoing program of supplemental benefits for legal guardianship. Supplemental benefits and services for children under this program must be provided with funds appropriated to the department for these purposes.
HISTORY: 2023 Act No. 25 (S.380), Section 6, eff May 16, 2023.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2840. Eligibility for supplemental legal guardianship benefits.

(A) In order for a child to be eligible for supplemental legal guardianship benefits, the department shall determine that the following provisions apply:
(1) the child is in the legal custody of the department by a removal action under Section 63-7-1660;
(2) the child resided in the home of the relative for a consecutive, six-month period during which the child was in the legal custody of the department and the relative was licensed as a kinship foster parent;
(3) the department determined that return home and adoption are not in the child's best interests;
(4) the child and the relative share a strong attachment, and the relative has a strong commitment to permanently caring for the child; and
(5) if the child is fourteen years of age or older, the department consulted the child regarding the legal guardianship; or
(6) due to the death or incapacity of the legal guardian, the child has been placed with the successor legal guardian named in the supplemental legal guardianship benefits agreement.
(B) Death or incapacity of the legal guardian does not affect the child's eligibility for supplemental legal guardianship benefits if the child is placed with the successor legal guardian named in the supplemental legal guardianship agreement, and the need for supplemental legal guardianship benefits still exists.
HISTORY: 2023 Act No. 25 (S.380), Section 6, eff May 16, 2023.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2850. Execution of written agreement; specifications; termination.

(A) When the department determines that a child is eligible for supplemental legal guardianship benefits, the department and relative must execute a written agreement before the court may order legal guardianship. The department must provide a copy of the written agreement to the relative. At a minimum, the written agreement must specify:
(1) the amount of supplemental legal guardianship benefits the department will provide;
(2) when and how the department will provide the payment;
(3) the manner in which the payment may be adjusted based upon the circumstances of the legal guardian or child, and that prior to making an adjustment, the department must consult with the legal guardian;
(4) any additional services or assistance for which the child and legal guardian will be eligible;
(5) when and how the legal guardian may request additional services;
(6) that the agreement remains in effect regardless of the legal guardian's state of residency; and
(7) that the amount of the payment cannot exceed the amount of the foster care board payment the child would have received if the child remained in foster care.
(B) The agreement terminates upon the occurrence of the following events:
(1) the department determines that the legal guardian is no longer responsible for a child under the age of eighteen;
(2) the department determines that the legal guardian is no longer providing support for the child; or
(3) the child attains the age of eighteen or twenty-one, if the child meets the department's requirements for extended assistance under the agreement.
HISTORY: 2023 Act No. 25 (S.380), Section 6, eff May 16, 2023.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2860. Review of adverse decisions.

A decision regarding supplemental legal guardianship benefits by the department that is adverse to the relative, fictive kin, or legal guardian is reviewable according to the department's fair hearing regulations, unless there is an action pending in family court that can dispose of the issue.
HISTORY: 2023 Act No. 25 (S.380), Section 6, eff May 16, 2023.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 7 - Child Protection And Permanency › Section 63-7-2870. Promulgation of regulations.

The department may promulgate regulations as necessary to implement the provisions of this article, including regulations targeting certain age groups for participation in this program, conditions for legal guardians, and child support enforcement regarding the child's parents.
HISTORY: 2023 Act No. 25 (S.380), Section 6, eff May 16, 2023.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 9 - Adoptions › Section 63-9-20. Legislative purpose.

The purpose of this article is to establish fair and reasonable procedures for the adoption of children and to provide for the well-being of the child, with full recognition of the interdependent needs and interests of the biological parents and the adoptive parents. However, when the interests of a child and an adult are in conflict, the conflict must be resolved in favor of the child. Children may be adopted by or placed for adoption with residents of South Carolina only, except in unusual or exceptional circumstances.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 9 - Adoptions › Section 63-9-40. Jurisdiction; venue.

(A) The family court has exclusive jurisdiction over all proceedings held pursuant to this article. Proceedings for adoption by residents of this State may be brought in the family court of the county in which the petitioner resides or is in military service, or in the county in which the child resides or is born. For nonresidents of this State proceedings for adoption must be brought in the county in which the child resides, in which the child is born, or in which the agency having custody of the child is located.
(B) The family court may order a change of venue as in civil proceedings in this State.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 9 - Adoptions › Section 63-9-70. Advertising prohibited to place or accept child for adoption; exception; penalties.

(A) No person or entity other than the Department of Social Services, a child placing agency licensed in this State, or an attorney licensed in this State may advertise that the person or entity will place or accept a child for adoption.
(B) Notwithstanding the provisions of subsection (A), a person is not prohibited from advertising that the person desires to adopt if the person has a current preplacement home investigation finding that the person is suitable to be an adoptive parent.
(C)(1) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(2) The family court shall enjoin a person or entity from violating a provision of this section.
(D) For purposes of this section, "advertise" means to communicate by newspaper, radio, television, hand bills, placards or other print, broadcast or electronic medium that originates within this State.
HISTORY: 2010 Act No. 160, Section 9, eff May 12, 2010.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 9 - Adoptions › Section 63-9-320. Persons not required to give consent or relinquishment.

(A) Notwithstanding the provisions of Section 63-9-310, consent or relinquishment for the purpose of adoption is not required of the following persons:
(1) a parent whose rights with reference to the adoptee have been terminated pursuant to Article 7, Chapter 7;
(2) a parent whom the family court finds to be mentally incapable of giving consent or relinquishment for the purpose of adoption and whom the court finds to be unlikely to provide minimally acceptable care of the adoptee and whose capacity is unlikely to be restored for a reasonable period of time, and, in the court's judgment, it would be detrimental to the adoptee to delay adoption. The court shall appoint a guardian ad litem for an incompetent parent for whom there has been no prior appointment and shall appoint independent counsel for an incompetent parent who is indigent. However, upon good cause shown, the court may waive the requirement for the appointment of independent counsel for an incompetent and indigent parent;
(3) the biological parent of a child conceived as a result of that parent's criminal sexual conduct or incest as found by a court of competent jurisdiction unless, with respect to a conviction for criminal sexual conduct, the sentencing court makes specific findings on the record that the conviction resulted from consensual sexual conduct where neither the victim nor the actor were younger than fourteen years of age nor older than eighteen years of age at the time of the offense.
(B) A parent who has executed a relinquishment pursuant to Section 63-9-330 to a person facilitating the adoption or to a child placing agency for the purpose of adoption of his child is not required to execute a separate consent document also.
HISTORY: 2008 Act No. 361, Section 2.
Editor's Note
2005 Act No. 168, Section 1, provides as follows:
"This act may be cited as 'Autumn's Law' ".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 9 - Adoptions › Section 63-9-330. Form and content of consent and relinquishment.

(A) Consent or relinquishment for the purpose of adoption, pursuant to Section 63-9-310, must be made by a sworn document, signed by the person or the head of the agency giving consent or relinquishment after the birth of the adoptee, and must specify the following:
(1) the permanent address of the person or agency making the sworn written statement;
(2) the date, time, and place of the signing of the statement;
(3) the date of birth, race, and sex of the adoptee and any names by which the adoptee has been known;
(4) the relationship of the adoptee to the person or agency giving consent or relinquishment;
(5) the name and address of the adoptee's mother or father;
(6) that the consent or relinquishment by the person or agency forfeits all rights and obligations of the person or agency with respect to the named adoptee, including any future child support obligation. Giving consent or relinquishment does not relieve a person from the obligation to pay a child support arrearage unless approved by the court;
(7) that consent or relinquishment once given must not be withdrawn except by order of the court upon a finding that it is in the best interests of the child, and that the consent or relinquishment was not given voluntarily or was obtained under duress or through coercion; and that the entry of the final decree of adoption renders any consent or relinquishment irrevocable;
(8) that the person or agency giving the consent or relinquishment understands that consent or relinquishment must not be given if psychological or legal advice, guidance, or counseling is needed or desired and that none is needed or desired;
(9) that the person or agency giving the consent or relinquishment waives further notice of the adoption proceedings, unless the proceedings are contested by another person or agency;
(10) that the person or agency giving the consent or relinquishment is doing so voluntarily, and the consent or relinquishment is not being obtained under duress or through coercion; and
(11) that the person or agency giving the consent or relinquishment has received a copy of the document.
(B) When a child placing agency accepts a relinquishment for the purpose of adoption, which gives the agency the right to consent to an adoption of the child, and which contains the information required in subsection (A) of this section, the consent of the agency for the purpose of adoption is not required to meet the requirements of subsection (A). However, the sworn document relinquishing the child must be filed with the court pursuant to subsection (C) of Section 63-9-710.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 9 - Adoptions › Section 63-9-340. Signing consent and relinquishment.

(A) The sworn document provided for in Section 63-9-330, which gives consent or relinquishment for the purpose of adoption, must be signed in the presence of two witnesses one of whom must be one of the following:
(1) a judge of any family court in this State;
(2) an attorney licensed to practice law in South Carolina who does not represent the prospective adoption petitioners;
(3) a person certified by the State Department of Social Services, pursuant to Section 63-9-360, to obtain consents or relinquishments;
(4) when the consent or relinquishment is obtained outside of this State, by an attorney licensed to practice law in that state, by a person designated by an agency of that state, by a person or agency authorized by that state's law to obtain consents or relinquishments or to conduct investigations for adoptions, or by a qualified resident of that state authorized by a South Carolina family court. When a consent or relinquishment is obtained outside of this State, it may be accepted as valid in this State, provided the court determines:
(a) the consent or relinquishment complies with the laws of the state where it is obtained; and
(b) the relinquishing party or agency is domiciled in that state at the time of the signing of the consent or relinquishment; or
(c) the content of the consent or relinquishment is in substantial compliance with the intent of Section 63-9-330(A).
(B) The persons who witness the signing of the sworn document, as provided for in subsection (A) of this section shall attach to the document written certification signed by each witness that before the signing of the document, the provisions of the document were discussed with the person giving consent or relinquishment, and that based on this discussion, it is each witness' opinion that consent or relinquishment is being given voluntarily and that it is not being obtained under duress or through coercion.
(C) A copy of the document must be delivered to the person giving the consent or relinquishment at the time of the signing of the document.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 9 - Adoptions › Section 63-9-350. Withdrawal of consent or relinquishment.

Withdrawal of any consent or relinquishment is not permitted except by order of the court after notice and opportunity to be heard is given to all persons concerned, and except when the court finds that the withdrawal is in the best interests of the child and that the consent or relinquishment was not given voluntarily or was obtained under duress or through coercion. Any person attempting to withdraw consent or relinquishment shall file the reasons for withdrawal with the family court. The entry of the final decree of adoption renders any consent or relinquishment irrevocable.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 9 - Adoptions › Section 63-9-360. Consent and relinquishment certification.

(A) With the exception of the persons provided for in Section 63-9-340(A)(1), (2), and (4), any person obtaining a consent or relinquishment for the purpose of adoption must be certified by the State Department of Social Services. Any person conducting an investigation for the adoption of a child pursuant to Section 63-9-520 also must be certified by the department. However, where the adoption petitioner or prospective adoption petitioner is a nonresident of this State, a South Carolina family court may authorize a qualified nonresident to conduct any investigations required under Section 63-9-520.
(B) The department shall promulgate regulations to provide for the following: certification of investigators; issuance, monitoring, and revocation of certificates; and sanctioning of noncompliance with regulations. Any person certified by the department may charge a fee which may not exceed the reasonable costs of the services rendered. The fee must be approved by the department during the certification process.
(C) The department shall develop, revise, and publish quarterly a directory of persons certified pursuant to this section. A reasonable fee may be charged by the department for copies of this directory.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 9 - Adoptions › Section 63-9-370. Adoption of a child in the custody of the Department of Social Services.

(A) Consent or relinquishment for the purpose of adoption, pursuant to Section 63-9-310, for a minor child who is in the custody of the department by a removal action under Section 63-7-1660, is valid, binding, and enforceable. However, if a cause of action for the termination of parental rights affecting a minor child who is in the custody of the department by a removal action under Section 63-7-1660 was filed prior to the execution of a consent or relinquishment, then the consent or relinquishment and any further action on the petition for adoption, while valid, remains subject to the pendency of the termination of parental rights action and any order of the court pursuant thereto.
(B) Notwithstanding subsection (A), the department may move the court to make specific written findings that the consent or relinquishment has been freely, knowingly, and voluntarily given or that the consent or relinquishment is invalid on any of the following grounds:
(1) the adoptee lacks the mental capacity to give consent pursuant to Section 63-9-310(A)(1);
(2) the person lacks the mental capacity to give consent pursuant to Section 63-9-320(A)(2) as a result of:
(a) suffering from mental illness, impairment, or deficiency;
(b) being under the influence of alcohol or illegal drugs or abusing prescription medication; or
(c) being impaired by medical treatment; or
(3) the consent or relinquishment was not given voluntarily or was obtained through undue influence, duress, or coercion.
(C) The custody of a minor child who is in the custody of the department shall not be modified pursuant to a consent or relinquishment prior to a hearing being held in court, wherein the department is a party, for the purpose of determining whether the requirements of this section and Section 63-9-60 have been met with regard to the standing of the petitioner and validity of any consent or relinquishment for the purpose of adoption.
(D) Notwithstanding any other provision in this section, the court must consider the best interests of the child in making any findings pursuant to this section.
HISTORY: 2018 Act No. 144 (H.3442), Section 4, eff April 4, 2018.
Subarticle 5
Investigations and Reports
DERIVATION TABLE
Showing the sections in former Chapter 7, Title 20 from which the sections in this subarticle were derived.
New
Section Former
Section 63-9-510 20-7-1738 63-9-520 20-7-1740
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 9 - Adoptions › Section 63-9-510. Temporary placement and custody of adoptee.

Once a petitioner has received the adoptee into his home and a petition for adoption has been filed, the petitioner has temporary custody of the adoptee and is responsible for the care, maintenance, and support of the adoptee, including necessary medical or surgical treatment, except as provided in Article 7. A postplacement investigation and report of this investigation pursuant to Section 63-9-520 must be completed before the final hearing. Unless the adoptee is removed pursuant to Subarticle 3, Article 3, Chapter 7, when adoptive parents have received the adoptee into their home for the purpose of adoption but no petition has been filed pursuant to Section 63-9-710, the child-placing agency shall secure an order from the family court before removal of the child from the adoptive parents. At the hearing the burden of proof is on the child-placing agency to prove that continued placement with the adoptive family is not in the adoptee's best interest.
HISTORY: 2008 Act No. 361, Section 2.