reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-400. Cooperation with departments, officers, agencies, and institutions; requests for system to provide protection and advocacy services; inspection and copying of records.

All departments, officers, agencies and institutions of the State shall cooperate with the system in carrying out its duties. Notwithstanding any other provision of law, all departments, officers, agencies and institutions of the State may, on the behalf of a person with a developmental or other disability, request the system to provide protection and advocacy services. Notwithstanding any other provision of law, any program or facility shall permit the system to inspect and copy any record or documents provided for in Section 43-33-370(2).
HISTORY: 1979 Act No. 48 Section 10; 1980 Act No. 465; 2017 Act No. 52 (S.325), Section 7, eff May 19, 2017.
Editor's Note
2017 Act No. 52, Sections 10 to 12, provide as follows:
"SECTION 10. The Governor shall take all actions necessary pursuant to 29 U.S.C. Section 732 to designate Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., as the South Carolina administrator of the Client Assistance Program.
"SECTION 11. Authorized appropriations and the assets and liabilities of the Client Assistance Program are transferred to and become part of Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc.
"SECTION 12. This act takes effect upon approval by the Governor. Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., shall administer the Client Assistance Program upon the completion of all necessary filings with the federal government."
Effect of Amendment
2017 Act No. 52, Section 7, substituted "person with a developmental or other disability" for "developmentally disabled or handicapped person", inserted "Section", and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-520. Guaranteed opportunities.

The opportunity to obtain housing, full and equal use of public accommodations, public services, and to make use of educational facilities without discrimination because of a handicap is guaranteed by this article and is a civil right.
HISTORY: 1983 Act No. 124 Section 2; 1996 Act No. 426, Section 8, eff June 18, 1996.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-530. Discrimination prohibited without reasonable justification.

No person may discriminate against a handicapped person with respect to public accommodations, public services, or housing without reasonable justification. No protection or right of access provided by law for handicapped persons is reduced or eliminated by the provisions of this section.
HISTORY: 1983 Act No. 124 Section 3; 1996 Act No. 426, Section 9, eff June 18, 1996.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-540. Injunctive relief or civil damages for persons discriminated against.

A handicapped person aggrieved by the discrimination prohibited by this article has the right to seek injunctive relief or civil damages, not to exceed five thousand dollars actual damages, plus his attorney's fee and costs, in the court of common pleas.
HISTORY: 1983 Act No. 124 Section 4.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-560. Handicap, handicapped, and mental impairment defined.

Notwithstanding Section 2-7-35, "handicap" and "handicapped" as used in this article mean a substantial physical or mental impairment, whether congenital or acquired by accident, injury, or disease, where the impairment is verified by medical findings and appears reasonably certain to continue throughout the lifetime of the individual without substantial improvement. This does not include an individual who is an alcohol, drug, narcotic, or other substance abuser or who is only regarded as being handicapped. The term "mental impairment" does not include mental illness.
HISTORY: 1983 Act No. 124 Section 6; 1996 Act No. 426, Section 10, eff June 18, 1996.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-570. Reasonable justification defined.

For purposes of this article, "reasonable justification" in the context of housing and public services must be determined in light of the following factors, among others: (1) safety; (2) efficiency; and (3) cost.
HISTORY: 1983 Act No. 124 Section 7; 1996 Act No. 426, Section 11, eff June 18, 1996.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-5. Short title.

This chapter may be cited as the Omnibus Adult Protection Act.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993.
Editor's Note
The preamble to 1993 Act No. 110, eff three month after June 11, 1993, provides as follows:
"Whereas, the General Assembly finds it necessary:
"(1) to provide a system of adult protection in South Carolina;.
"(2) to clarify the roles and responsibilities of agencies involved in the system;.
"(3) to provide a mechanism for problem resolution and interagency coordination;.
"(4) to address continuing needs of vulnerable adults;.
"(5) to uniformly define abuse, neglect, and exploitation for vulnerable adults in all settings;.
"(6) to clarify reporting procedures for allegations of abuse, neglect, and exploitation;.
"(7) to provide procedures for emergency protective custody;.
"(8) to define the role of the court in the adult protection system;.
"(9) to provide civil and criminal penalties for abuse, neglect, and exploitation;.
"(10) to provide services in the least restrictive setting possible.
"Now, therefore,"
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-13. Nonmedical remedial treatment by spiritual means is not abuse or neglect of vulnerable adult.

No vulnerable adult may be considered to be abused or neglected for the sole reason that, in lieu of medical treatment, the vulnerable adult is being furnished nonmedical remedial treatment by spiritual means through prayer alone which the vulnerable adult has practiced freely in accordance with his religion.
HISTORY: 1995 Act No. 87, Section 1, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-20. Additional powers of investigative entities.

In addition to all other powers and duties that an investigative entity is given in this article, the investigative entity may:
(1) have access to facilities for the purpose of conducting investigations, as otherwise permitted by law;
(2) request and receive written statements, documents, exhibits, and other items pertinent to an investigation including, but not limited to, hospital records of a vulnerable adult which the hospital is authorized to release upon written request of the investigative entity without obtaining patient authorization;
(3) issue, through its director, administrative subpoenas for the purpose of gathering information and documents;
(4) institute proceedings in a court of competent jurisdiction to seek relief necessary to carry out the provisions of this chapter;
(5) require all persons, including family members of a vulnerable adult and facility staff members, to cooperate with the investigative entity in carrying out its duties under this chapter including, but not limited to, conducting investigations and providing protective services;
(6) require all officials, agencies, departments, and political subdivisions of the State to assist and cooperate within their jurisdictional power with the court and the investigative entity in furthering the purposes of this chapter;
(7) conduct studies and compile data regarding abuse, neglect, and exploitation;
(8) issue reports and recommendations.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 2006 Act No. 301, Section 4, eff May 23, 2006.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-25. Persons required to report abuse, neglect, or exploitation of adult; reporting methods.

(A) A physician, nurse, dentist, optometrist, medical examiner, coroner, other medical, mental health or allied health professional, Christian Science practitioner, religious healer, school teacher, counselor, psychologist, mental health or intellectual disability specialist, social or public assistance worker, caregiver, staff or volunteer of an adult day care center or of a facility, or law enforcement officer having reason to believe that a vulnerable adult has been or is likely to be abused, neglected, or exploited shall report the incident in accordance with this section. Any other person who has actual knowledge that a vulnerable adult has been abused, neglected, or exploited shall report the incident in accordance with this section.
(B) Except as provided in subsection (A), any other person who has reason to believe that a vulnerable adult has been or may be abused, neglected, or exploited may report the incident.
(C) A person required to report pursuant to this section is personally responsible for making the report; however, a state agency may make a report on behalf of an agency employee if the procedure the agency uses for reporting has been approved in writing by the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division or the investigative entity to which the report is to be made.
(D) A person required to report under this section must report the incident within twenty-four hours or the next working day. A report must be made in writing or orally by telephone or otherwise to:
(1) the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division for incidents occurring in facilities operated or contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs;
(2) the Long Term Care Ombudsman Program for incidents occurring in facilities, except those facilities provided for in item (1); and
(3) the Adult Protective Services Program for incidents occurring in all other settings.
(E) If the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division or an investigative entity receives a report that is not within its investigative jurisdiction, the unit or investigative entity shall forward the report to the appropriate unit or investigative entity not later than the next working day.
(F) No facility may develop policies or procedures that interfere with the reporting requirements of this section.
(G) Provided the mandatory reporting requirements of this section are met, nothing in this section precludes a person also from reporting directly to law enforcement, and in cases of an emergency, serious injury, or suspected sexual assault law enforcement must be contacted immediately.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 2006 Act No. 301, Section 5, eff May 23, 2006.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-30. Photographing of visible trauma on abused adult.

A person required to report pursuant to this article or a person investigating a report may take or cause to be taken color photographs of the trauma visible on the vulnerable adult who is the subject of a report. A person required to report under this chapter as a member of the staff of a medical facility, public or private institution, school, facility, or agency immediately shall notify the person in charge or the designated agent of the person in charge who shall take or cause to be taken color photographs of visible trauma. The investigative entity or law enforcement, if indicated, may cause to be performed a radiological examination or medical examination of the vulnerable adult without consent. All photographs, x-rays, and results of medical examinations and tests must be provided to law enforcement or to the investigative entity upon request.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-35. Reporting deaths where abuse or neglect suspected.

(A) A person required to report or investigate cases under this chapter who has reasonable suspicion to believe that a vulnerable adult died as a result of abuse or neglect shall report the death and suspected cause of death to the coroner or medical examiner. The coroner or medical examiner shall conduct an investigation and may conduct or order an autopsy. The coroner or medical examiner must report the investigative findings to the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division.
(B) All deaths involving a vulnerable adult in a facility operated or contracted for operation by the Department of Mental Health, the Department of Disabilities and Special Needs, or their contractors must be referred to the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division for investigation pursuant to Section 43-35-520.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 2006 Act No. 301, Section 6, eff May 23, 2006; 2010 Act No. 223, Section 5, eff June 7, 2010.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-40. Responsibilities when a report is received; initiation of investigation; reports to local law enforcement or Vulnerable Adults Investigations Unit.

Upon receiving a report, the Long Term Care Ombudsman or Adult Protective Services promptly shall:
(1) initiate an investigation; or
(2) review the report within two working days for the purpose of reporting those cases that indicate reasonable suspicion of criminal conduct to local law enforcement or to the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division (SLED). A report to local law enforcement or SLED must be made within one working day of completing the review.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 2006 Act No. 301, Section 6, eff May 23, 2006; 2010 Act No. 223, Section 6, eff June 7, 2010.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-50. Abrogation of privilege for certain communications.

The privileged quality of communication between husband and wife or between a professional person and the person's patient or client, except that between attorney and client or priest and penitent, are abrogated and do not constitute grounds for failing to report or for the exclusion of evidence in any civil or criminal proceeding resulting from a report made pursuant to this chapter.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-60. Sharing of report information by investigative entities; public confidentiality.

Unless otherwise prohibited by law, a state agency, an investigative entity, and law enforcement may share information related to an investigation conducted as a result of a report made under this chapter. Information in these investigative records must not be disclosed publicly.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-65. Notices to be displayed at facilities.

A facility as defined in Section 43-35-10 shall prominently display notices stating the duties of its personnel under this chapter and contact information, the text of which must be provided by the Long Term Care Ombudsman Program in consultation with the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 2006 Act No. 301, Section 7, eff May 23, 2006.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-70. Reports to occupational licensing boards.

The investigative entity shall report an alleged incident of abuse, neglect, or exploitation against a health care professional to the occupational licensing board by whom that person is licensed.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-75. Immunity of person making report or participating in investigation in good faith.

(A) A person who, acting in good faith, reports pursuant to this chapter or who participates in an investigation or judicial proceeding resulting from a report is immune from civil and criminal liability which may otherwise result by reason of this action. In a civil or criminal proceeding good faith is a rebuttable presumption.
(B) It is against the public policy of South Carolina to change an employee's status solely because the employee reports or cooperates with an investigation or action taken under this chapter.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-80. Action by Attorney General against person or facility for failure to exercise reasonable care; fine.

(A) Notwithstanding any regulatory or administrative penalty that may be assessed and in addition to a private civil cause of action that may be brought against a person or facility based on an action or failure to act that otherwise constitutes abuse, neglect, or exploitation under this chapter, the Attorney General, upon referral from the Long Term Care Ombudsman Program or the Vulnerable Adults Investigations Unit, may bring an action against a person who fails through pattern or practice to exercise reasonable care in hiring, training, or supervising facility personnel or in staffing or operating a facility, and this failure results in the commission of abuse, neglect, exploitation, or any other crime against a vulnerable adult in a facility. A person or facility which verifies good standing of the employee with the appropriate licensure or accrediting entity is rebuttably presumed to have acted reasonably regarding the hiring.
(B) In granting relief under this section, the court may assess a civil fine of not more than thirty thousand dollars or order injunctive relief, or both, and may order other relief as the court considers appropriate.
(C) Nothing in this section may be construed to create a private cause of action against one who fails through pattern or practice to exercise reasonable care as provided for in subsection (A).
(D) For the purposes of this section 'person' means any natural person, corporation, joint venture, partnership, unincorporated association, or other business entity.
(E) To the extent fines collected pursuant to this section exceed the cost of litigation, these fines must be credited to the Adult Protective Services Emergency Fund and may be carried forward from one fiscal year to the next.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 2006 Act No. 301, Section 8, eff May 23, 2006.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-85. Penalties.

(A) A person required to report under this chapter who knowingly and wilfully fails to report abuse, neglect, or exploitation is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five hundred dollars or imprisoned not more than one year.
(B) Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully abuses a vulnerable adult is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
(C) Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully neglects a vulnerable adult is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
(D) A person who knowingly and wilfully exploits a vulnerable adult is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both, and may be required by the court to make restitution.
(E) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in great bodily injury is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years.
(F) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in death is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.
(G) A person who threatens, intimidates, or attempts to intimidate a vulnerable adult subject of a report, a witness, or any other person cooperating with an investigation conducted pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years.
(H) A person who wilfully and knowingly obstructs or in any way impedes an investigation conducted pursuant to this chapter, upon conviction, is guilty of a misdemeanor and must be fined not more than five thousand dollars or imprisoned for not more than three years.
(I) As used in this section, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 1999 Act No. 56, Section 1, eff June 1, 1999; 2010 Act No. 223, Section 7, eff June 7, 2010.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-200. Vulnerable Adult Guardian ad Litem Program.

(A) There is created the Vulnerable Adult Guardian ad Litem Program in the Office on Aging to serve as a statewide system to recruit, train, and supervise volunteers to serve as court-appointed guardians ad litem for vulnerable adults in abuse, neglect, and exploitation proceedings within the family court, pursuant to Section 43-35-45(C).
(B) The Vulnerable Adult Guardian ad Litem Program shall develop policies and procedures to administer the program.
HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-210. Definitions.

In addition to the definitions contained in Section 43-35-10, for purposes of this article, "guardian ad litem" means an individual appointed by the family court pursuant to Section 43-35-45 to advocate for the best interests of a vulnerable adult.
HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-220. Duties and responsibilities of guardian ad litem; assessments.

(A) The duties and responsibilities of a guardian ad litem include, but are not limited to:
(1) representing the best interests of the vulnerable adult by advocating for the welfare and rights of a vulnerable adult involved in an abuse, neglect, or exploitation proceeding;
(2) conducting an independent, balanced, and impartial assessment of the facts and the needs of the vulnerable adult relevant to his or her situation;
(3) maintaining accurate, written case records, including case notes, which are a guardian ad litem's work product and not subject to subpoena;
(4) providing the family court, and all parties, with written reports including, but not limited to, a comprehensive final report regarding the best interests of the vulnerable adult. The final report must be consistent with the rules of evidence and the rules of the court, and must include, but is not limited to, evaluation and assessment of the issues brought before the court, the wishes of the vulnerable adult, and recommendations for the case plan and the disposition of the case; and
(5) attending all court hearings to protect and promote the best interests of the vulnerable adult until formally relieved of the responsibility by the family court. The guardian ad litem is authorized through counsel to introduce, examine, and cross-examine witnesses in any proceeding involving the vulnerable adult, participate in the proceedings to any degree necessary to represent the vulnerable adult adequately, participate on a multidisciplinary evaluation team concerning the vulnerable adult, and make motions necessary to enforce the orders of the court, seek judicial review, or petition the court for relief on behalf of the vulnerable adult.
(B) The assessment conducted by the guardian ad litem pursuant to subsection (A) must include, but is not limited to:
(1) obtaining and reviewing relevant documents including, but not limited to, the vulnerable adult's medical records; records from the place of residence if the vulnerable adult is living in a facility or other institution; records related to assets and debts of the vulnerable adult in cases of alleged exploitation; and records from the Department of Social Services, Department of Mental Health, Department of Disabilities and Special Needs, or other public entities providing services to the vulnerable adult;
(2) meeting with and observing the vulnerable adult on at least one occasion;
(3) visiting the home setting if appropriate;
(4) interviewing family, caregivers, medical providers, law enforcement, and others with knowledge relevant to the case;
(5) exploring available resources within the family and community to meet the needs of the vulnerable adult;
(6) obtaining the criminal history of a party if determined necessary; and
(7) determining the wishes of the vulnerable adult and informing the court of these wishes.
HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-230. Appointment of guardian ad litem; continuing legal education.

(A) A guardian ad litem may be either an attorney or a layperson. To be appointed as a guardian ad litem pursuant to Section 43-35-45(C) an individual:
(1) must be twenty-one years of age or older;
(2) shall possess a high school diploma or its equivalent;
(3) shall have completed the minimum hours of continuing education for initial qualification as required by the Vulnerable Adult Guardian ad Litem Program; and
(4) shall have observed two child protective services or adult protective services custody merit hearings before serving as a guardian ad litem. A lay guardian ad litem shall retain a certificate showing that observation of these hearings has been completed. This certificate, which must be on a form approved by court administration, must state the names and dates of the cases and the judges involved and must be attested to by the presiding judge.
(B) An attorney guardian ad litem annually shall complete a minimum of six hours of family or elder law continuing legal education credits; however, this requirement may be waived by the court.
HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-240. Appointment of guardian ad litem for abuse, neglect, or exploitation proceedings; criminal background checks.

(A) An individual may not be appointed as a guardian ad litem for a vulnerable adult in an abuse, neglect, or exploitation proceeding who:
(1) has been convicted of a crime enumerated in Chapter 3, Title 16, Offenses Against the Person; in Chapter 15, Title 16, Offenses Against Morality and Decency; in Article 3, Chapter 53, Title 44, Narcotics and Controlled Substances; in Section 43-35-85, Omnibus Adult Protection Act; in Chapter 25, Title 16, Criminal Domestic Violence; or Section 16-17-490, Contributing to the Delinquency of a Minor; or
(2) is or has ever been on the Department of Social Services Central Registry of Child Abuse and Neglect, the Sex Offender Registry, or listed as "not in good standing" on the Nurse Aide Registry.
(B) A criminal background check must be conducted for each volunteer guardian ad litem as required by the Vulnerable Adult Guardian ad Litem Program.
HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-250. Charge of guardian ad litem; petition for removal.

(A) A guardian ad litem is charged in general with representing the vulnerable adult's best interests. After appointment by the family court in a case involving an abused, neglected, or exploited vulnerable adult, the parties to the action and the court shall notify the guardian ad litem of all court hearings and proceedings. The obligation of the guardian ad litem to the court is a continuing obligation and continues until formally relieved by the court.
(B) The Vulnerable Adult Guardian ad Litem Program may intervene in a vulnerable adult abuse, neglect, or exploitation proceeding in order to petition the court to relieve the guardian ad litem from appointment for the following reasons:
(1) incapacity;
(2) conflict of interest;
(3) misconduct;
(4) persistent neglect of duties;
(5) incompetence; or
(6) knowing and wilful violation of the Vulnerable Adult Guardian ad Litem Program policies and procedures that affect the health, safety, or welfare of the vulnerable adult.
(C) The court shall determine what is in the best interest of the vulnerable adult when ruling on a petition for removal of the guardian ad litem.
HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-260. Access to information.

The Department of Social Services shall make available to the guardian ad litem all reports made and information collected relating to the vulnerable adult. Appropriate medical and dental care providers shall provide a guardian ad litem access to information upon request of the guardian ad litem and upon proof of appointment as the guardian ad litem for the vulnerable adult. Records must be made available to the guardian ad litem by any agency or any individual providing services to the vulnerable adult and financial records of the vulnerable adult including, but not limited to, state and federal tax records, banking and other financial institution records, and public benefits records.
HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-270. Confidentiality of reports and information.

(A) All reports and information collected pursuant to this article maintained by the Vulnerable Adult Guardian ad Litem Program or by a guardian ad litem are confidential. These records must be maintained and destroyed in accordance with program policy.
(B) The Director of the Vulnerable Adult Guardian ad Litem Program, or the director's designee, may disclose to the media information contained in the vulnerable adult 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, and other public judicial proceedings. For the purposes of this subsection, information is considered placed in the public domain if it has been reported in the news media, is contained in public records of a law enforcement agency, is contained in public records of the court, or has been the subject of testimony in a public judicial proceeding.
HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-280. Civil liability.

After participating in the Vulnerable Adult Guardian ad Litem Program training, an individual who is appointed to serve as a guardian ad litem and who serves without compensation is not liable for any civil damages for any personal injury as a result of any act or omission by the guardian ad litem in the discharge of the duties and responsibilities of a guardian ad litem if the guardian ad litem acts in good faith and is not guilty of gross negligence.
HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-310. Council created; membership; filling vacancies.

(A) There is created the Adult Protection Coordinating Council under the auspices of the South Carolina Department of Health and Human Services and is comprised of:
(1) one member from the institutional care service provision system who is a consumer or a family member of a consumer of that system and one member from the home and community-based service provision system who is a consumer or a family member of a consumer of that system, both of whom must be appointed by the council for terms of two years; and
(2) these members who shall serve ex officio:
(a) Attorney General or a designee;
(b) Office on Aging, Executive Director, or a designee;
(c) Criminal Justice Academy, Executive Director, or a designee;
(d) South Carolina Department of Health and Environmental Control, Commissioner, or a designee;
(e) State Department of Mental Health, Director, or a designee;
(f) South Carolina Department of Disabilities and Special Needs, Director, or a designee;
(g) Adult Protective Services Program, Director, or a designee;
(h) South Carolina Department of Health and Human Services, Executive Director, or a designee;
(i) Police Chiefs' Association, President, or a designee;
(j) South Carolina Commission on Prosecution Coordination, Executive Director, or a designee;
(k) Protection and Advocacy for People with Disabilities, Inc., Executive Director, or a designee;
(l) South Carolina Sheriff's Association, Executive Director, or a designee;
(m) South Carolina Law Enforcement Division, Chief, or a designee;
(n) Long Term Care Ombudsman or a designee;
(o) South Carolina Medical Association, Executive Director, or a designee;
(p) South Carolina Health Care Association, Executive Director, or a designee;
(q) South Carolina Home Care Association, Executive Director, or a designee;
(r) South Carolina Department of Labor, Licensing and Regulation, Director, or a designee;
(s) executive director or president of a provider association for home and community-based services selected by the members of the council for terms of two years, or a designee;
(t) South Carolina Court Administration, Executive Director, or a designee;
(u) executive director or president of a residential care facility organization selected by the members of council for terms of two years, or a designee.
(B) Vacancies on the council must be filled in the same manner as the initial appointment.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 2012 Act No. 239, Section 1, eff June 18, 2012.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-320. Responsibilities of council.

The Adult Protection Coordinating Council shall coordinate the planning and implementation efforts of the entities involved in the adult protection system. Members shall facilitate problem resolution and develop action plans to overcome problems identified within the system. The council shall develop methods of addressing the ongoing needs of vulnerable adults, including increasing public awareness of adult abuse, neglect, and exploitation. The council shall remain abreast of new trends in adult protection from national clearinghouses and other appropriate entities. The Adult Protection Coordinating Council has no authority to direct or require implementing action from any member or entity.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-330. Duties of council.

(A) Duties of the council are subject to the appropriation of funding and allocation of personnel sufficient to carry out the functions of the council. Staffing for the council must be provided by the South Carolina Department of Health and Human Services.
(B) Duties of the council are to:
(1) provide and promote coordination and communication among groups and associations which may be affected by the council's actions and recommended changes in the system;
(2) identify and promote training on critical issues in adult protection, facilitate arrangements for continuing education seminars and credits, when appropriate, and determine and target problem areas for training based on analysis of the data;
(3) coordinate data collection and conduct analyses including periodic monitoring and evaluation of the incidence and prevalence of adult abuse, neglect, and exploitation;
(4) assist with problem resolution and facilitate interagency coordination of efforts to address unmet needs and gaps in the system;
(5) promote and enhance public awareness;
(6) promote prevention and intervention activities to ensure quality of care for vulnerable adults and their families; and
(7) annually prepare a report of the council's activities and accomplishments for the calendar year and distribute the report to council members, the Chairman of the Medical Affairs Committee of the Senate, the Chairman of the Medical, Military and Municipal Affairs Committee of the House of Representatives, directors or chairs of member agencies or entities who have a designee serving on the council, and other interested parties as well as publishing the report on the department's website.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 2012 Act No. 239, Section 2, eff June 18, 2012.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-340. Officers; terms of office; quorum.

The chair of the council must be elected by a majority of the council membership for one two-year term. Other officers may be elected as needed in the same manner as the chair. A majority of the membership of the council constitutes a quorum for official business to be conducted.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-350. Meetings.

Meetings of the council must be held at least quarterly at the call of the chair or may be called by a petition of two-thirds of the council membership.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-500. Definitions.

In addition to the definitions contained in Section 43-35-10, for purposes of this article:
(1) "Committee" means the Vulnerable Adult Fatalities Review Committee.
(2) "Meeting" means both in-person meetings and meetings through telephone conferencing.
(3) "Preventable death" means a death that reasonable medical, social, legal, psychological, or educational intervention may have prevented.
(4) "Provider of medical care" means a licensed health care practitioner who provides, or a licensed health care facility through which is provided, medical evaluation or treatment, including dental and mental health evaluation or treatment.
(5) "SLED" means the South Carolina Law Enforcement Division.
(6) "Unit" means the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division.
(7) "Working day" means Monday through Friday, excluding official state holidays.
HISTORY: 2006 Act No. 301, Section 9, eff May 23, 2006.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-510. Policy of State regarding health and safety of vulnerable adults.

It is the policy of this State that:
(1) Every vulnerable adult is entitled to live in safety and in health.
(2) Responding to deaths of vulnerable adults is a state and a community responsibility.
(3) When a vulnerable adult dies, the response by the State and the community to the death must include an accurate and complete determination of the cause of death, the provision of services to surviving family members, and the development and implementation of measures to prevent future deaths from similar causes and may include court action, including prosecution of persons who may be responsible for the death and family court proceedings to protect other vulnerable adults in the care of the responsible person.
(4) Professionals from disparate disciplines and agencies that have responsibilities for vulnerable adults and expertise that can promote safety and well-being of vulnerable adults should share their expertise and knowledge toward the goals of determining the causes of deaths of vulnerable adults, planning and providing services to nonoffending family members, and preventing future vulnerable adult deaths.
(5) A greater understanding of the incidence and causes of deaths of vulnerable adults is necessary if the State is to prevent future vulnerable adult deaths.
(6) Multidisciplinary and multiagency reviews of vulnerable adult deaths can assist the State in the investigation of vulnerable adult deaths, in the development of a greater understanding of the incidence and causes of vulnerable adult deaths and the methods for preventing such deaths, and in identifying gaps in services to vulnerable adults and families.
(7) Access to information regarding vulnerable adults and their families is necessary to achieve the mandates and purposes of this article.
(8) Competent investigative services must be sensitive to the needs of South Carolina's vulnerable adults and their families and not be unnecessarily intrusive and should be achieved through training, awareness, and technical assistance.
HISTORY: 2006 Act No. 301, Section 9, eff May 23, 2006.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-520. Investigations of deaths in facilities operated by the Department of Mental Health or the Department of Disabilities and Special Needs; death by natural causes in a veterans' nursing home.

The Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division, created pursuant to Section 23-3-810, shall, in addition to its investigation responsibilities under that section or Article 1, investigate cases of vulnerable adult fatalities in facilities operated or contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs. Provided, that in a nursing home, as defined in Section 44-7-130, contracted for operation by the Department of Mental Health, the Vulnerable Adults Investigations Unit shall investigate those fatalities for which there is suspicion that the vulnerable adult died as a result of abuse or neglect, the death is suspicious in nature, or the death is referred by a coroner or medical examiner as provided in Section 43-35-35(A). In the event that a coroner rules that the death of an individual in a veterans' nursing home under the authority of the Department of Mental Health results from natural causes, the State Law Enforcement Division is not required to conduct an investigation regarding the individual's death.
HISTORY: 2006 Act No. 301, Section 9, eff May 23, 2006; 2010 Act No. 223, Section 8, eff June 7, 2010; 2012 Act No. 128, Section 2, eff March 13, 2012.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-530. Conduct of investigations.

Upon receipt of a report of a vulnerable adult death, as required by Section 17-5-555 or Section 43-35-35, the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division shall:
(1) investigate and gather all information on the vulnerable adult fatality pursuant to Section 43-35-520. The coroner or medical examiner immediately must request an autopsy if the unit determines that an autopsy is necessary. The autopsy must be performed by a pathologist with forensic training as soon as possible. The forensic pathologist must inform the unit of the findings within forty-eight hours of completion of the autopsy. If the autopsy reveals the cause of death to be pathological or an unavoidable accident, the case must be closed by the unit. If the autopsy reveals physical or sexual trauma, suspicious markings, or other findings that are questionable or yields no conclusion to the cause of death, the unit immediately must begin an investigation;
(2) request assistance of any other local, county, or state agency to aid in the investigation;
(3) upon receipt of additional investigative information, reopen a case for another coroner's inquest;
(4) upon receipt of the notification required by item (1), review agency records for information regarding the deceased vulnerable adult or family. Information available to the department pursuant to Section 43-35-570 and information that is public under Chapter 4, Title 30, the Freedom of Information Act, must be available as needed to the county coroner or medical examiner, the Long Term Care Ombudsman Program, the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division, and the Adult Protective Services Program of the Department of Social Services;
(5) report the activities and findings related to vulnerable adult deaths to the Vulnerable Adults Fatalities Review Committee; and
(6) develop a protocol for vulnerable adult death investigations.
HISTORY: 2006 Act No. 301, Section 9, eff May 23, 2006.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-540. Access to medical information.

Upon request of the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division and as necessary to carry out the unit's duties, the unit immediately must be provided:
(1) by a provider of medical care, access to information and records regarding a vulnerable adult whose death is being investigated by the unit or reviewed by the committee;
(2) access to all information and records maintained by any state, county, or local government agency including, but not limited to, birth certificates, law enforcement investigation data, county coroner or medical examiner investigation data, parole and probation information and records, and information and records of social services and health agencies that provided services to the vulnerable adult or family.
HISTORY: 2006 Act No. 301, Section 9, eff May 23, 2006.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 35 - Adult Protection › Section 43-35-550. Subpoena of medical information.

When necessary in the discharge of the duties of the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division and upon application of the unit, the clerks of court shall issue a subpoena or subpoena duces tecum to any state, county, or local agency, board, or commission or to any representative of any state, county, or local agency, board, or commission or to a provider of medical care to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other relevant records to the discharge of the unit's duties. Failure to obey a subpoena or subpoena duces tecum issued pursuant to this section may be punished as contempt.
HISTORY: 2006 Act No. 301, Section 9, eff May 23, 2006.