Current Through April 2016

Circumstances That Constitute Witnessing

Citation: Ann. Code §§ 16-25-20; 16-25-65In criminal law: It is unlawful to:

• Cause physical harm or injury to a person’s own household member
• Offer or attempt to cause physical harm or injury to a person’s own household member with the apparent present ability under the circumstances that reasonably creates the fear of imminent peril

A person commits the offense of domestic violence in the first degree if:

• The person causes great bodily injury to the person’s own household member.
• In the process of committing domestic violence in the second degree, the offense is committed in the presence of or while being perceived by a minor.

A person commits the offense of domestic violence in the second degree if:

• The person causes moderate bodily injury to the person’s own household member.
• In the process of committing domestic violence in the third degree, the offense is committed in the presence of or while being perceived by a minor.

A person is guilty of the offense of domestic violence of a high and aggravated nature when the person commits the offense under circumstances manifesting extreme indifference to the value of human life and results in great bodily injury to the victim. Circumstances manifesting extreme indifference to the value of human life include committing the offense in the presence of a minor.

Consequences

Citation: Ann. Code §§ 16-25-20; 16-25-65A person who commits domestic violence in the first degree is guilty of a felony and, upon conviction, must be imprisoned for no more than 10 years.

A person who commits the offense of domestic violence in the second degree is guilty of a misdemeanor and, upon conviction, must be fined no less than $2,500 nor more than $5,000 or imprisoned for no more than 3 years, or both.

A person who commits the offense of domestic violence of a high and aggravated nature is guilty of a felony and, upon conviction, must be imprisoned for no more than 20 years.

Current Through February 2016

Physical Abuse

Citation: Ann. Code § 63-7-20‘Child abuse or neglect’ or ‘harm’ occurs when the parent, guardian, or other person responsible for the child’s welfare:

• Inflicts or allows to be inflicted upon the child physical or mental injury or engages in acts or omissions that present a substantial risk of physical or mental injury to the child, including injuries sustained as a result of excessive corporal punishment
• Abandons the child
• Encourages, condones, or approves the commission of delinquent acts by the child and the commission of the acts are shown to be the result of the encouragement or approval
• Has committed abuse or neglect as described above such that a child who subsequently becomes part of the person’s household is at substantial risk of one of those forms of abuse or neglect

‘Physical injury’ means death or permanent or temporary disfigurement or impairment of any bodily organ or function.

Neglect

Citation: Ann. Code § 63-7-20‘Child abuse or neglect’ or ‘harm’ occurs when the parent, guardian, or other person responsible for the child’s welfare fails to supply the child with adequate food, clothing, shelter, education as required by law, supervision appropriate to the child’s age and development, or health care even though financially able to do so or offered financial or other reasonable means to do so, and the failure to do so has caused or presents a substantial risk of causing physical or mental injury.

Sexual Abuse/Exploitation

Citation: Ann. Code § 63-7-20‘Child abuse or neglect’ or ‘harm’ occurs when the parent, guardian, or other person responsible for the child’s welfare commits or allows to be committed against the child a sexual offense as defined by the laws of this State or engages in acts or omissions that present a substantial risk that a sexual offense as defined in the laws of this State would be committed against the child.

Emotional Abuse

Citation: Ann. Code § 63-7-20‘Mental injury’ means an injury to the intellectual, emotional, or psychological capacity or functioning of a child as evidenced by a discernible and substantial impairment of the child’s ability to function when the existence of that impairment is supported by the opinion of a mental health professional or medical professional.

Abandonment

Citation: Ann. Code § 63-7-20
‘Abandonment of a child’ means a parent or guardian willfully deserts a child or willfully surrenders physical possession of a child without making adequate arrangements for the child’s needs or the continuing care of the child.

Standards for Reporting

Citation: Ann. Code § 63-7-310
A report is required when a mandatory reporter, in his or her person’s professional capacity, has received information that gives him or her reason to believe that a child has been or may be abused or neglected.

Persons Responsible for the Child

Citation: Ann. Code § 63-7-20The term ‘person responsible for a child’s welfare’ includes:

• The child’s parent, guardian, or foster parent
• An operator, employee, or caregiver, as defined by § 63-13-20, of a public or private residential home, institution, agency, or child care facility
• An adult who has assumed the role or responsibility of a parent or guardian for the child, but who does not necessarily have legal custody of the child

A person has not assumed the role or responsibility of a parent or guardian if that person’s only role is as a caregiver whose contact is only incidental, such as a babysitter, or the person has only incidental contact but may not be a caregiver.

Exceptions

Citation: Ann. Code § 63-7-20The term child abuse or neglect excludes corporal punishment or physical discipline that:

• Is administered by a parent or person in loco parentis
• Is perpetrated for the sole purpose of restraining or correcting the child
• Is reasonable in manner and moderate in degree
• Has not brought about permanent or lasting damage to the child
• Is not reckless or grossly negligent behavior by the parents

A child’s absences from school may not be considered abuse or neglect unless the school has made efforts to bring about the child’s attendance, and those efforts were unsuccessful because of the parents’ refusal to cooperate.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Ann. Code § 20-4-20‘Abuse’ means:

• Physical harm, bodily injury, assault, or the threat of physical harm
• Sexual criminal offenses, as otherwise defined by statute, committed against a family or household member by a family or household member

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Code § 16-25-20It is unlawful to:

• Cause physical harm or injury to a person’s own household member
• Offer or attempt to cause physical harm or injury to a person’s own household member with apparent present ability under circumstances reasonably creating fear of imminent peril

A person who violates the subsection above is guilty of the misdemeanor of ‘criminal domestic violence.’

Persons Included in the Definition

Citation: Ann. Code §§ 16-25-10; 20-4-20In civil and criminal law: ‘Household member’ means:

• A spouse or former spouse
• Persons who have a child in common
• A male and female who are cohabiting or formerly have cohabited

Current Through June 2013

Confidentiality of Records

Citation: Ann. Code § 63-7-1990All reports made and information collected pursuant to this article maintained by the Department of Social Services and the Central Registry of Child Abuse and Neglect are confidential.

Persons or Entities Allowed Access to Records

Citation: Ann. Code § 63-7-1990The department is authorized to grant access to the records of indicated cases to the following persons, agencies, or entities:

• The ombudsman of the Office of the Governor or the governor’s designee li>The child’s guardian ad litem, the attorney for the child’s guardian ad litem, or the child’s attorney
• Appropriate staff of the department
• A law enforcement agency investigating or prosecuting known or suspected abuse or neglect of a child or any other crime against a child, attempting to locate a missing child, investigating or prosecuting the death of a child, or investigating or prosecuting any other crime
• A person who is named in a report or investigation as having abused or neglected a child, that person’s attorney, and that person’s guardian ad litem
• A child age 14 or older who is named in a report as a victim of child abuse or neglect
• The parents or guardians of a child who is named in a report
• County medical examiners or coroners who are investigating the death of a child
• The State Child Fatality Advisory Committee and the Department of Child Fatalities
• Family courts conducting proceedings pursuant to this article
• The parties to a court proceeding when information in the records is legally relevant and necessary for the determination of an issue before the court
• A grand jury when it is necessary in the conduct of its official business
• Authorities in other States conducting child abuse and neglect investigations or providing child welfare services
• Courts in other States conducting child abuse and neglect or child custody proceedings
• The director or chief executive officer of a child care facility, child-placing agency, or child-caring facility when the records concern the investigation of an incident of child abuse or neglect that allegedly was perpetrated by an employee or volunteer
• A person or agency with authorization to care for, diagnose, supervise, or treat the child, the child’s family, or the person alleged to have abused or neglected the child
• Any person engaged in bona fide research
• Multidisciplinary teams
• Circuit solicitors and their agents investigating or prosecuting known or suspected abuse or neglect of a child or any other crime against a child, attempting to locate a missing child, investigating or prosecuting the death of a child, or investigating or prosecuting any other crime
• Prospective adoptive or foster parents before placement
• Employees of the Division for the Review of the Foster Care of Children, Office of the Governor, and members of local boards when carrying out their duties

When Public Disclosure of Records is Allowed

Citation: Ann. Code § 63-7-1990The State director of the department may disclose to the media information contained in child protective services records if the disclosure is limited to discussion of the department’s activities in handling the case including information placed in the public domain by other public officials, a criminal prosecution, the alleged perpetrator, the attorney for the alleged perpetrator, or other public judicial proceedings.

Information is considered ‘placed in the public domain’ when it has been reported in the news media, is contained in public records of a criminal justice agency, is contained in public records of a court of law, or has been the subject of testimony in a public judicial proceeding.

The State director is authorized to prepare and release reports of the results of the department’s investigations into the deaths of children in its custody or receiving child welfare services at the time of death.

Use of Records for Employment Screening

Citation: Ann. Code § 63-7-1990The department is authorized to grant access to the records of indicated cases to the following agencies or entities:

• The Division for the Review of the Foster Care of Children for purposes of certifying that no potential employee, nominee to, or member of the State or a local foster care review board is a subject of an indicated report or affirmative determination
• The Division of Guardian ad Litem, Office of the Governor, for purposes of certifying that no potential employee or volunteer is the subject of an indicated report or an affirmative determination

The department is authorized to disclose information concerning an individual named in the Central Registry of Child Abuse and Neglect as a perpetrator when screening of an individual’s background is required by statute or regulation for employment, licensing, or any other purposes, or a request is made in writing by the person being screened.

Current Through March 2015

Citation: Ann. Code § 63-7-390

A person required or permitted to report pursuant to the reporting laws, or who participates in an investigation or judicial proceedings resulting from the report, who is acting in good faith, is immune from civil and criminal liability that might otherwise result by reason of these actions. In all such civil or criminal proceedings, good faith is rebuttably presumed.

Immunity extends to full disclosure by the person of facts that gave the person reason to believe that the child’s physical or mental health or welfare had been or might be affected adversely by abuse or neglect.

Current Through February 2013

Individual Responsibility to Report

Citation: Ann. Code § 63-7-310A mandated reporter shall report to the Department of Social Services or a law enforcement agency when the reporter has reason to believe that a child may have been abused or neglected. The report is made to a law enforcement agency when abuse is committed by someone other than a person responsible for the child’s welfare.

Reports may be made orally by telephone or otherwise to the county Department of Social Services or to a law enforcement agency in the county where the child resides or is found.

Content of Reports

Citation: Ann. Code § 63-7-310Reports must include the identity of the reporter, which is kept confidential.

Reporting Suspicious Deaths

Citation: Ann. Code § 63-7-310A mandated reporter who has reason to believe that a child has died as a result of abuse or neglect shall report the information to the appropriate medical examiner or coroner. Any other person who has reason to believe that a child has died as a result of child abuse or neglect may report this information to the appropriate medical examiner or coroner.

The medical examiner or coroner shall accept the report for investigation and shall report his or her findings to the appropriate law enforcement agency, circuit solicitor’s office, the county Department of Social Services, and if the institution making a report is a hospital, to the hospital.

Reporting Substance-Exposed Infants

Citation:This issue is not addressed in the statutes reviewed.

Agency Receiving the Reports

Citation: Ann. Code § 63-7-340The department may maintain a toll-free number available to persons throughout the State for the reporting of known or suspected cases of child abuse or neglect.

Initial Screening Decisions

Citation: Ann. Code §§ 63-7-340; 63-7-350When a report is referred to the department for an investigation, the department must determine whether previous reports have been made regarding the same child or the same subject of the report.

If the department does not conduct an investigation, the department must make a record of the report and classify the record as a Category IV unfounded report. The department and law enforcement are authorized to use information from the report for purposes of assessing risk and safety if additional contacts are made concerning the child, the family, or the subject of the report.

Agency Conducting the Assessment/Investigation

Citation: Ann. Code § 63-7-980The department must cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the department.

When the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the department must notify the appropriate law enforcement agency of those facts within 24 hours of the department’s finding for the purposes of police investigation.

When the intake report is of alleged sexual abuse, the department must notify the appropriate law enforcement agency within 24 hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency must file a formal incident report at the time it is notified of the alleged sexual abuse.

Assessment/Investigation Procedures

Citation: Ann. Code § 63-7-920The department or law enforcement, or both, may interview the child alleged to have been abused or neglected and any other child in the household during the investigation. The interviews may be conducted on school premises, at child care facilities, at the child’s home, or at other suitable locations and, in the discretion of the department or law enforcement, or both, may be conducted outside the presence of the parents. To the extent reasonably possible, the needs and interests of the child must be accommodated in making arrangements for interviews, including time, place, method of obtaining the child’s presence, and conduct of the interview. The department or law enforcement, or both, shall provide notification of the interview to the parents as soon as reasonably possible during the investigation if notice will not jeopardize the safety of the child or the course of the investigation.

In order to reduce potential emotional trauma to the child, all State, law enforcement, and community agencies providing child welfare intervention into a child’s life should coordinate their services to minimize the number of interviews of the child.

Timeframes for Completing Investigations

Citation: Ann. Code § 63-7-910Within 24 hours of the receipt of a report of suspected child abuse or neglect, the department must begin an appropriate and thorough investigation to determine whether a report of suspected child abuse or neglect is ‘indicated’ or ‘unfounded.’ The finding must be made no later than 45 days from the receipt of the report.

Classification of Reports

Citation: Ann. Code § 63-7-930Reports of child abuse and neglect must be classified in the department’s data system and records in one of three categories: suspected, unfounded, or indicated. All initial reports must be considered suspected. Reports must be maintained in the category of suspected for no more than 60 days after the report was received. By the end of the 60-day time period, suspected reports must be classified as either unfounded or indicated based on the investigation. Indicated findings must be based upon a finding of the facts available to the department that there is a preponderance of evidence that the child is an abused or neglected child. All reports that are not indicated at the conclusion of the investigation and all records of information for which an investigation was not conducted must be classified as unfounded. Unfounded reports must be further classified as Category I, Category II, Category III, or Category IV:

• Category I unfounded reports are those in which abuse and neglect were ruled out following the investigation. A report falls in this category if evidence of abuse or neglect as defined in this chapter was not found regardless of whether the family had other problems or was in need of services.
• Category II unfounded reports are those in which the investigation did not produce a preponderance of evidence that the child is an abused or neglected child.
• Category III unfounded reports are those in which an investigation could not be completed because the department was unable to locate the child or family or for some other compelling reason.
• Category IV unfounded reports are records of information received pursuant to § 63-7-350 but were not investigated by the department.

Current Through August 2015

Professionals Required to Report

Citation: Ann. Code § 63-7-310The following professionals are required to report:

• Physicians, nurses, dentists, optometrists, medical examiners, or coroners
• Employees of county medical examiner’s or coroner’s offices
• Any other medical, emergency medical services, mental health, or allied health professionals
• Members of the clergy, including Christian Science practitioners or religious healers
• School teachers, counselors, principals, assistant principals, or school attendance officers
• Social or public assistance workers, substance abuse treatment staff, or child care workers in a child care center or foster care facility
• Foster parents
• Police or law enforcement officers or juvenile justice workers
• Undertakers, funeral home directors, or employees of a funeral home
• Persons responsible for processing films or computer technicians
• Judges
• Volunteer nonattorney guardians ad litem serving on behalf of the South Carolina Guardian Ad Litem Program or the Richland County Court-Appointed Special Advocates (CASA) program

Reporting by Other Persons

Citation: Ann. Code § 63-7-310Except as provided above, a person, including, but not limited to, a volunteer nonattorney guardian ad litem serving on behalf of the South Carolina Guardian Ad Litem Program or the Richland County CASA, who has reason to believe that a child’s physical or mental health or welfare has been or may be adversely affected by abuse and neglect may report, and is encouraged to report, in accordance with this section.

Institutional Responsibility to Report

Not addressed in statutes reviewed.

Standards for Making a Report

Citation: Ann. Code § 63-7-310A report is required when a reporter, in his or her professional capacity, receives information that gives him or her reason to believe that a child has been or may be abused or neglected.

Privileged Communications

Citation: Ann. Code § 63-7-420The privileged quality of communication between husband and wife and any professional person and his or her patient or client, except that between attorney and client or clergy member, including a Christian Science practitioner or religious healer, and penitent, does not constitute grounds for failure to report. However, a clergy member, including a Christian Science practitioner or religious healer, must report in accordance with this subarticle except when information is received from the alleged perpetrator of the abuse and neglect during a communication that is protected by the clergy and penitent privilege as provided for in § 19-11-90.

Inclusion of Reporter’s Name in Report

Not addressed in statutes reviewed.

Disclosure of Reporter Identity

Citation: Ann. Code § 63-7-330The identity of the person making a report pursuant to this section must be kept confidential by the agency or department receiving the report and must not be disclosed, except as specifically provided for in statute.

Current Through April 2015

Citation: Ann. Code § 44-53-378It is unlawful for a person who is age 18 or older to:

• Either directly or by extraction from natural substances, or independently by means of chemical processes, or both, unlawfully manufacture amphetamine, its salts, isomers, or salts of isomers; or methamphetamine, its salts, isomers, or salts of its isomers in the presence of a minor child
• Knowingly permit a child to be in an environment where a person is selling, offering for sale, or having in such person’s possession with intent to sell, deliver, distribute, prescribe, administer, dispense, manufacture, or attempt to manufacture amphetamine or methamphetamine
• Knowingly permit a child to be in an environment where drug paraphernalia or volatile, toxic, or flammable chemicals are stored for the purpose of manufacturing or attempting to manufacture amphetamine or methamphetamine

A person who violates any of the above subsections, upon conviction, for a first offense must be imprisoned not more than 5 years or fined not more than $5,000, or both. Upon conviction for a second or subsequent offense, the person must be imprisoned not more than 10 years or fined not more than $10,000, or both.

Citation: Ann. Code § 63-7-1660(F)(1)It is presumed that a newborn is an abused or neglected child as defined in § 63-7-20 and that the child cannot be protected from further harm without being removed from the custody of the mother upon proof that:

• A blood or urine test of the child at birth or a blood or urine test of the mother at birth shows the presence of any amount of a controlled substance or a metabolite of a controlled substance, unless the presence of the substance or the metabolite is the result of medical treatment administered to the mother of the infant or the infant.
• The child has a medical diagnosis of fetal alcohol syndrome.
• A blood or urine test of another child of the mother or a blood or urine test of the mother at the birth of another child showed the presence of any amount of a controlled substance or a metabolite of a controlled substance, unless the presence of the substance or the metabolite was the result of medical treatment administered to the mother of the infant or the infant.
• Another child of the mother has a medical diagnosis of fetal alcohol syndrome.

Current Through August 2014

Making The Appointment

Citation: Ann. Code § 63-7-1620In all child abuse and neglect proceedings children must be appointed a guardian ad litem (GAL) by the family court. A GAL serving on behalf of the South Carolina Guardian ad Litem Program or Richland County Court-Appointed Special Advocate Propgram must be represented by legal counsel in any judicial proceeding pursuant to § 63-11-530(C).

The family court may appoint legal counsel for the child. Counsel for the child may not be the same as counsel for:

• The parent, legal guardian, or other person subject to the proceeding
• Any government or social agency involved in the proceeding
• The child’s GAL

The Use of Court-Appointed Special Advocates (CASAs)

Citation: Ann. Code § 63-11-500The Cass Elias McCarter Guardian ad Litem Program in South Carolina is a statewide system that provides training and supervision to volunteers who serve as court-appointed special advocates (CASAs) for children in abuse and neglect proceedings within the family court. This program must be administered by the Department of Administration.

Notwithstanding the provisions above, a county providing GAL services prior to June 3, 2010, may continue to provide such services, provided the county GAL program is a member of the National Court Appointed Special Advocate Association. However, a county GAL program operating pursuant to this subsection must comply with all State and Federal laws, even if compliance with State or Federal laws would result in the violation of a requirement for membership in the National Court Appointed Special Advocate Association.

Qualifications/Training

Citation: Ann. Code §§ 63-3-820; 63-11-520A GAL must be age 25 or older and possess a high school diploma or its equivalent. An attorney-GAL must annually complete a minimum of 6 hours of family law continuing legal education credit in the areas of custody and visitation; however, this requirement may be waived by the court.

For initial qualification, a lay GAL must have completed a minimum of 9 hours of continuing education in the areas of custody and visitation and 3 hours of continuing education related to substantive law and procedure in family court. The courses must be approved by the Supreme Court Commission on Continuing Legal Education and Specialization. A lay GAL also must observe three contested custody merit hearings prior to serving as a GAL. The lay GAL must maintain a certificate showing that observation of these hearings has been completed. This certificate, which shall be on a form approved by Court Administration, shall state the names of the cases, the dates, and the judges involved, and shall be attested to by the respective judge. Lay GALs must complete annually 6 hours of continuing education courses in the areas of custody and visitation.

No person may be appointed as a GAL for a child in an abuse or neglect proceeding who has been convicted of any crime listed in Title 16, Chapter 3, Offenses Against the Person; Title 16, Chapter 15, Offenses Against Morality and Decency; Title 44, Chapter 53, Article 3, Narcotics and Controlled Substances; or for the crime of contributing to the delinquency of a minor, provided for in § 16-17-490.

Specific Duties

Citation: Ann. Code §§ 63-11-510; 63-11-530; 63-11-540The responsibilities and duties of a GAL are to:

• Represent the best interests of the child
• Advocate for the welfare and rights of the child
• Conduct an independent assessment of the facts, the needs of the child, and the available resources within the family and community to meet those needs
• Maintain accurate, written case records
• Provide the court with a written report that includes an evaluation and assessment of the issues brought before the court and recommendations for the case plan, the wishes of the child, if appropriate, and subsequent disposition of the case
• Monitor compliance with the orders of the court and to make the motions necessary to enforce the orders of the court or seek judicial review
• Protect and promote the best interests of the child until formally relieved of the responsibility by the court

The GAL shall receive appropriate notice of all court hearings and proceedings regarding the child. The obligation of the GAL to the court is a continuing one and continues until formally relieved by the court. The GAL is authorized to:

• Confer with and observe the child involved
• Interview persons involved in the case
• Participate on any multidisciplinary evaluation team for the case

The GAL is authorized through counsel to introduce, examine, and cross-examine witnesses in any proceeding involving the child and participate in the proceedings to any degree necessary to represent the child adequately.

All reports made and information about the case must be made available to the GAL by the Department of Social Services. Upon proof of appointment as GAL and upon his or her request, access to information must be made available to the GAL by the appropriate medical and dental authorities, psychologists, social workers, counselors, schools, and any agency providing services to the child.

How the Representative Is Compensated

Citation:This issue is not addressed in the statutes reviewed.

Current Through April 2014

When Case Plans Are Required

Citation: Ann. Laws §§ 63-7-1670; 63-7-1680Upon a finding that the child shall remain in the home and that protective services shall continue, a treatment plan must be prepared that is designed to alleviate any danger to the child and to aid the parents so that the child will not be endangered in the future.

If the court orders that a child be removed from the custody of the parent or guardian, the court must approve a placement plan. A plan must be presented to the court for its approval at the removal hearing or within 10 days after the removal hearing. If the plan is presented subsequent to the removal hearing, the court shall hold a hearing on the plan if requested by a party.

Who May Participate in the Case Planning Process

Citation: Ann. Laws §§ 63-7-1670; 63-7-1680The plan must be prepared by the department. To the extent possible, the plan must be prepared with the participation of the parents or guardian of the child, the child, and any other agency or individual that will be required to provide services in order to implement the plan.

Contents of a Case Plan

Ann. Laws § 63-7-1680The first section of the plan shall set forth the changes that must occur in the home and family situation before the child can be returned. These changes must be reasonably related to the reasons justifying removal of the child from the custody of the parents or guardian. This section of the plan must contain a notice to the parents or guardian that failure to make the indicated changes within 6 months may result in termination of parental rights.

The second section of the plan shall set forth:

• Specific actions to be taken by the parents or guardian of the child
• Social or other services to be provided or made available to the parent or guardian of the child

This section of the plan must include timeframes for commencement or completion of specific actions or services. It must contain a notice to the parents or guardian that completion of the indicated actions will not result in return of the child unless the changes set forth in section one of the plan have occurred.

The third section of the plan shall set forth rights and obligations of the parents or guardian while the child is in custody, including, but not limited to:

• The responsibility of the parents or guardian for financial support of the child during the placement
• The visitation rights and obligations of the parents or guardian during the placement

This section of the plan must include a notice to the parents or guardian that failure to support or visit the child as provided in the plan may result in termination of parental rights.

The fourth section of the plan must address matters relating to the placement of the child including, but not limited to, the following:

• The nature and location of the placement of the child unless there are compelling reasons for concluding that disclosure of the location of the placement to the parents, guardian, or other person would be contrary to the best interests of the child
• Visitation or other contact with siblings, other relatives, and other persons important to the child
• Social and other supportive services to be provided to the child and the foster parents, including counseling or other services to assist the child in dealing with the effects of separation from the child’s home and family
• The minimum number and frequency of contacts that a caseworker with the department will have with the child, which must be based on the particular needs and circumstances of the individual child but which must not be less than once a month for a child placed in this State

The placement must be as close to the child’s home as is reasonably possible unless there are compelling reasons for concluding that placement at a greater distance is necessary to promote the child’s well-being. In the absence of good cause to the contrary, preference must be given to placement with a relative or other person who is known to the child and who has a constructive and caring relationship with the child.

Current Through November 2012

Citation: S.C. Code Ann. § 63-7-1640(D) (LexisNexis through 10-25-12)The Department of Social Services may proceed with efforts to place a child for adoption or with a legal guardian concurrently with making efforts to prevent removal or to make it possible for the child to return safely to the home.

Current Through January 2016

Schedule of Hearings

Citation: Ann. Code §§ 63-7-1640; 63-7-1700; 63-11-720Permanency planning hearings shall be held as follows:

• Within 30 days when the court decides, in a hearing other than a permanency planning hearing, that reasonable efforts to preserve or reunify a family are not required
• No later than 1 year after the date the child was first placed in foster care

Local foster care review boards shall review every 6 months the cases of children who have resided in public foster care for more than 4 consecutive months and the cases of children who have resided in private foster care for more than 6 consecutive months to determine what efforts have been made by the supervising agency or child-caring facility to acquire a permanent home for the child. Following review of a case, the local foster care review board shall submit a written report and recommendations to the court concerning the case.

Persons Entitled to Attend Hearings

Citation: Ann. Code § 63-7-1630The department shall provide notice of a hearing to:

• All parties
• The foster parent
• The preadoptive parent
• The relative who is providing care for the child

The notice shall inform the foster parent, preadoptive parent, or relative of the date, place, and time of the hearing and of the right to attend the hearing and to address the court concerning the child. Notice provided pursuant to this section does not confer on the foster parent, preadoptive parent, or relative the status of a party to the action.

Determinations Made at Hearings

Citation: Ann. Code § 63-7-1700At the permanency planning hearing, the court shall review:

• What services have been provided to or offered to the parents to facilitate reunification
• The compliance or lack of compliance to the case plan
• The extent to which the parents have visited or supported the child and any reasons why visitation or support has not occurred or has been infrequent
• Whether previous services should continue and, if additional services are needed reunification, identifying those services, and specifying the date for completion, which must be no longer than 18 months from the date the child was placed in care
• Whether the return home of the child can be expected, and identification of the changes the parent must make in circumstances, conditions, or behavior to remedy the causes of the child’s placement in care
• Whether the child’s foster care is to continue for a specified time and, if so, how long
• If the child has reached age 16, the services needed to assist the child to make the transition to Independent Living
• Whether the child’s current placement is safe and appropriate
• Whether the department has made reasonable efforts to assist the parents in remedying the causes of the child’s placement in care
• The steps the department is taking to promote and expedite the adoptive placement and to finalize the adoption of the child, including documentation of child-specific recruitment efforts

If the court determines that the child may be safely returned the home, the court shall order the child returned to the child’s parent. The court may order a specified period of supervision and services not to exceed 12 months. If the removal of the child from the family was due to drug use by one or both parents, then a drug test must be administered to the parent or both parents, as appropriate, and the results must be considered with all other evidence in determining whether the child should be returned to the parents’ care.

Permanency Options

Citation: Ann. Code § 63-7-1700Permanency options include:

• Reunification with the parent(s)
• Custody or guardianship with a fit and willing relative or nonrelative
• Termination of parental rights and placement for adoption
• Another permanency plan when the department has documented compelling reasons why another permanency option is in the best interests of the child

Current Through March 2016

Citation: Ann. Code § 63-1-30This article shall be liberally construed to the end that families whose unity or well-being is threatened shall be assisted, protected, and restored, if possible, as secure units of law-abiding members; and that each child coming within the jurisdiction of the court shall receive, preferably in his or her own home, the care, guidance, and control that will conduce to his or her welfare and best interests of the State, and that when he or she is removed from the control of his or her parents, the court shall secure for him or her care as nearly as possible equivalent to that which they should have given him or her.

Citation: Ann. Code § 63-1-20(D)For children in need of services, care, and guidance, the State shall secure those services as are needed to serve the emotional, mental, and physical welfare of children and the best interests of the community, preferably in their homes or the least restrictive environment possible. When children must be placed in care away from their homes, the State shall insure that they are protected against any harmful effects resulting from the temporary or permanent inability of parents to provide care and protection for their children. It is the policy of the State to reunite the child with his or her family in a timely manner, whether or not the child has been placed in the care of the State voluntarily. When children must be permanently removed from their homes, they shall be placed in adoptive homes so that they may become members of a family by legal adoption or, absent that possibility, other permanent settings.

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Ann. Code §§ 63-7-1710; 63-7-2570When a child is in the custody of the department, the department shall file a petition to terminate parental rights if:

• A child has been in foster care for 15 of the most recent 22 months.
• A court has determined that:
  • The child is an abandoned infant.
  • The parent has committed murder or voluntary manslaughter of another child of the parent.
  • The parent has aided, abetted, conspired, or solicited to commit murder or manslaughter of another child of the parent.
  • The parent has committed a felony assault that has resulted in serious bodily injury to the child or to another child of the parent.

The family court may order the termination of parental rights upon a finding of one or more of the following grounds and a finding that termination is in the best interests of the child, and:

• The child or another child while residing in the parent’s home has been harmed, and because of the severity or repetition of the abuse or neglect, it is not reasonably likely that the home can be made safe within 12 months.
• The child has been removed from the parent, has been out of the home for 6 months following the adoption of a placement plan, and the parent has not remedied the conditions that caused the removal.
• The child has lived outside the home of either parent for 6 months, and during that time the parent has willfully failed to visit the child. The court may attach little or no weight to incidental visitations, but it must be shown that the parent was not prevented from visiting by the party having custody or by court order.
• The child has lived outside the home of either parent for 6 months, and during that time the parent has willfully failed to support the child. Failure to support means that the parent has failed to make a material contribution to the child’s care.
• The presumptive legal father is not the biological father of the child, and the welfare of the child can best be served by termination of the parental rights of the presumptive legal father.
• The parent has a diagnosable condition unlikely to change within a reasonable time including, but not limited to, alcohol or drug addiction, mental deficiency, mental illness, or extreme physical incapacity, and the condition makes the parent unable or unlikely to provide minimally acceptable care of the child. It is presumed that the parent’s condition is unlikely to change within a reasonable time upon proof that the parent has been required to participate in a treatment program for alcohol or drug addiction and has failed two or more times to complete the program successfully.
• The child has been abandoned.
• The child has been in foster care under the responsibility of the State for 15 of the most recent 22 months.
• The physical abuse of a child resulted in the death or admission to the hospital for in-patient care of that child, and the abuse is the act for which the parent has been convicted of committing, aiding, abetting, conspiring to commit, or soliciting to commit an offense against the person, criminal domestic violence, criminal domestic violence of a high and aggravated nature, or assault and battery of a high and aggravated nature.
• A parent of the child is convicted of the murder of the child’s other parent.
• The child was conceived as a result of the criminal sexual conduct of a biological parent unless the sentencing court makes specific findings that the conviction resulted from consensual sexual conduct where neither the victim nor the actor were younger than age 14 nor older than age 18 at the time of the offense.

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Ann. Code § 63-7-1710This section does not apply:

• To a child for whom the family court has found that initiation of termination of parental rights is not in the best interests of the child, after applying the criteria of § 63-7-1700(C)-(G) and entering the findings required to select a permanent plan for the child. For this exemption to apply, the court must find that there are compelling reasons for selection of a permanent plan other than termination of parental rights.
• If the family court finds that the department has not afforded services to the parents provided for in the treatment plan in a manner that was consistent with the time periods in the plan or that court hearings have been delayed in such a way as to interfere with the initiation, delivery, or completion of services, but only if:
  • The parent did not delay the court proceedings without cause or delay or refuse the services.
  • Successful completion of the services in question may allow the child to be returned within the extension period.
  • The case is not one for which the court has made a determination that reasonable efforts to preserve or reunify the family are not necessary.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through December 2014

Definitions

Citation: Ann. Code § 63-7-20‘Guardianship of a child’ means the duty and authority vested in a person by the family court to make certain decisions regarding a child.

‘Legal custody’ means the right to the physical custody, care, and control of a child.

Purpose of Guardianship

Citation: Ann. Code § 63-7-1700The Department of Social Services may recommend legal custody or guardianship if, after assessing the viability of adoption, the department determines that termination of parental rights is not in the child’s best interests.

A Guardian’s Rights and Responsibilities

Citation: Ann. Code § 63-7-20The guardian of a child has the duty and authority to make certain decisions regarding a child, including:

• Consenting to a marriage, enlistment in the armed forces, and medical and surgical treatment
• Representing a child in legal actions and to make other decisions of substantial legal significance affecting a child
• Holding the rights and responsibilities of legal custody when legal custody has not been vested by the court in another person, agency, or institution

The legal custodian has:

• The right to the physical custody, care, and control of a child
• The right to determine where the child shall live
• The right and duty to provide protection, food, clothing, shelter, ordinary medical care, education, supervision, and discipline for a child and in an emergency to authorize surgery or other extraordinary care

Qualifying the Guardian

Citation: Ann. Code §§ 63-7-1700; 63-7-2320; 63-7-2330; Code of Regs. § 114-550A home study on the individual whom the department is recommending for custody of the child must be submitted to the court for consideration before custody or legal guardianship, or both, are awarded.

A person may become a kinship foster parent only upon the completion of a full kinship foster care licensing study. Residents of the household who are age 18 or older must undergo State and Federal fingerprint reviews. The department shall apply the screening criteria in § 63-7-2350 to the results of the fingerprint reviews and the licensing study.

The department shall determine, after a thorough review of information obtained in the licensing process, whether the person is able to care effectively for the child.

In regulation: Relatives being licensed must be licensed in accordance with the same requirements as nonrelative applicants. The department may waive nonsafety elements for relatives or nonrelatives on a case-by-case basis, as appropriate. Safety elements such as history of child abuse/neglect and State and/or Federal criminal history checks must not be waived.

Procedures for Establishing Guardianship

Citation: Ann. Code § 63-7-1700If after assessing the viability of adoption, the department demonstrates that termination of parental rights is not in the child’s best interests, the court may award custody or legal guardianship, or both, to a suitable, fit, and willing relative or nonrelative if the court finds this to be in the best interests of the child.

Contents of a Guardianship Order

Citation: Ann. Code §§ 63-7-20; 63-7-1700The court may in its order place other rights and duties with the legal custodian. Unless otherwise provided by court order, the parent or guardian retains the right to make decisions of substantial legal significance affecting the child, including consent to a marriage, enlistment in the armed forces, and major nonemergency medical and surgical treatment, the obligation to provide financial support or other funds for the care of the child, and other residual rights or obligations as may be provided by order of the court.

The court may order a specified period of supervision and services not to exceed 12 months, and the court may authorize a period of visitation or trial placement prior to receiving a home study.

Modification/Revocation of Guardianship

This issue is not addressed in the statutes and regulations reviewed.

Eligibility for Guardianship Subsidy

Citation: Pol. & Proc. Man. § 830Nonrelatives are not eligible for Temporary Assistance for Needy Families (TANF) resources just by virtue of having custody of a specific child. Their whole family/economic situation would have to be assessed.

Note: Title IV-E guardianship subsidies are not addressed in the statutes and regulations reviewed.

Links to Agency Policies

South Carolina Department of Social Services, Human Services Policy and Procedures Manual:

• Chapter 8, Foster Care (PDF – 2,800 KB)–See section 830, Permanent Plan: Placement With Custody and/or Guardianship
• Chapter 9, Foster Care Licensing (PDF – 1,294 KB)

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Ann. Code §§ 63-7-2320; 63-7-1680When a child has been removed from his home and is in the care, custody, or guardianship of the Department of Social Services, the department shall attempt to identify a relative who would be appropriate for placement of the child.

Relatives within the first, second, or third degree to the parent or stepparent of a child who may be related through blood, marriage, or adoption may be eligible for licensing as a kinship foster parent.

In the absence of good cause to the contrary, preference must be given to placement with a relative or other person who is known to the child and has a constructive and caring relationship with the child.

Requirements for Placement with Relatives

Citation: Ann. Code § 63-7-2320If the department determines that it is in the best interests of a child requiring out-of-home placement that the child be placed with a relative for foster care, or if a relative advises the department that he or she is interested in providing placement for the child and the relative is not already licensed to provide foster care, the department shall inform the relative of the procedures for being licensed as a kinship foster parent, assist the foster parent with the licensing process, and inform the relative of availability of payments and other services to kinship foster parents. If the relative is licensed by the department to provide kinship foster care services, the relative may receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in services.

The kinship foster parent must be age 21 or older, except that if the spouse or partner of the relative is 21 or older and living in the home, and the relative is between 18 and 21, the department may waive the age requirement.

A person may become a kinship foster parent only upon the completion of a full kinship foster care licensing study performed in accordance with rules and regulations. Residents of the household who are age 18 or older must undergo the State and Federal fingerprint review procedures. The department shall apply the screening criteria in § 63-7-2350 to the results of the fingerprint reviews and the licensing study.

The department shall determine, after a thorough review of information obtained in the kinship foster care licensing process, whether the person is able to care effectively for the foster child.

Requirements for Placement of Siblings

Citation: Ann. Code § 63-7-1680The case plan must address visits or other contact with siblings, other relatives, and other persons important to the child. The plan shall provide for as much contact between the child and these persons as is reasonably possible and consistent with the best interests of the child.

Relatives Who May Adopt

Citation: Ann. Code § 63-9-1110Any person may adopt a child to whom he or she is related by blood or marriage.

Requirements for Adoption by Relatives

Citation: Ann. Code § 63-9-1110For the adoption of a child by his or her relative:

• No investigation or report is required unless otherwise directed by the court.
• No accounting of all disbursements is required unless ordered by the court.
• Upon good cause shown, the court may waive the requirement, pursuant to § 63-9-750, that the final hearing must not be held before 90 days after the filing of the adoption petition.
• Upon good cause shown, the court may waive the requirement for the appointment of independent counsel for an indigent parent.
• Upon good cause shown, the court may waive the requirement that the adoption proceeding must be finalized in this State.

Current Through March 2016

What Are Reasonable Efforts

Citation: Ann. Code § 63-7-1680Reasonable efforts include services that are reasonably available and timely, reasonably adequate to address the needs of the family, reasonably adequate to protect the child, and realistic under the circumstances.

When Reasonable Efforts Are Required

Citation: Ann. Code §§ 63-7-720; 63-7-1640Reasonable efforts must be made by the Department of Social Services to prevent removal of the child unless the court finds that continuation of the child in the home would be contrary to the welfare of the child.

The family court may rule on whether reasonable efforts to preserve or reunify a family should be required in hearings regarding removal of custody, review of amendments to a placement plan, review of the status of a child in foster care, permanency planning, or in a separate proceeding for this purpose.

When Reasonable Efforts Are NOT Required

Citation: Ann. Code § 63-7-1640The department may terminate or forego reasonable efforts to preserve or reunify a family when the family court determines that one or more of the following conditions exist:

• The parent has subjected the child or another child while residing in the parent’s domicile to one or more of the following aggravated circumstances:
  • Severe or repeated abuse or neglect
  • Sexual abuse
  • Torture
  • Abandonment
• The parent has been convicted of murder or voluntary manslaughter of another child.
• The parent has been convicted of aiding, abetting, attempting, soliciting, or conspiring to commit murder or voluntary manslaughter of the child or another child while residing in the parent’s domicile.
• Physical abuse of a child resulted in the death or admission to the hospital for in-patient care of that child, and the abuse was committed by the parent.
• The parent has been convicted of committing, aiding, abetting, conspiring to commit, or soliciting:
  • An offense against the person
  • Criminal domestic violence
  • Criminal domestic violence of a high and aggravated nature
  • Assault and battery of a high and aggravated nature
• The parental rights of the parent to another child of the parent have been terminated involuntarily.
• The parent has a diagnosable condition unlikely to change within a reasonable time including, but not limited to, alcohol or drug addiction, mental deficiency, mental illness, or extreme physical incapacity, and the condition makes the parent unable or unlikely to provide minimally acceptable care of the child.
• Other circumstances exist that the court finds make continuation or implementation of reasonable efforts to preserve or reunify the family inconsistent with the permanent plan for the child.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How to Establish a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How Standby Authority is Activated

Citation:This issue is not addressed in the statutes reviewed.

Involvement of the Noncustodial Parent

Citation:
This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

Citation:This issue is not addressed in the statutes reviewed.

Withdrawing Guardianship

Citation:This issue is not addressed in the statutes reviewed.