Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 63-7-20(15) and (17) of the 1976 Code, as last amended by Act 238 of 2016, is further amended to read:
"(15) 'Legal custody' means 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. The 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, consent to an adoption, 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.
(17) 'Party in interest' or 'interested party' includes the child, the child's attorney and guardian ad litem, the natural parent, the grandparents and other relatives of the first or second degree, an individual or agency with physical or legal custody of the child, the foster parent, the relative or nonrelative caregiver, and the local foster care review board."
SECTION 2. Section 63-7-1630 of the 1976 Code is amended to read:
"Section 63-7-1630.
The department shall provide notice of a hearing held in
connection with an action filed or pursued
under pursuant to subarticle 3 or Section
63-7-1650, 63-7-1660, 63-7-1670, 63-7-1680, 63-7-1700, or
63-7-2550 to the foster parent, the relative or nonrelative
caregiver, the preadoptive parent, or the relative
who is providing care for a child and any known
grandparents or other known relatives of the first or second
degree. The department shall provide notice pursuant to
this section even if the hearing was noticed by a party or
interested party other than the department. The department shall
send notice pursuant to this section at least ten days before
the hearing, except where the parties to the action receive less
than ten days' notice. The notice must be in writing and may
be delivered in person or by regular mail. The notice shall
inform the foster parent, the relative or nonrelative
caregiver, or the preadoptive parent, or
relative and the known grandparents and other known
relatives of the first or second degree 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,
the relative or nonrelative caregiver, the preadoptive
parent, or relative known grandparents or
other known relatives of the first or second degree the
status of a party to the action. The department shall file
with the family court a certificate of service confirming
compliance with the notice requirements of this
section."
SECTION 3. A. Section 63-7-1700(A) and (J) of the 1976 Code, as last amended by Act 160 of 2010, is further amended to read:
"(A) The family court shall review the status of a child placed in foster care upon motion filed by the department to determine a permanent plan for the child. The permanency planning hearing must be held no later than one year after the date the child was first placed in foster care. At the initial permanency planning hearing, the court shall review the status of the child and the progress being made toward the child's return home or toward any other permanent plan approved at the removal hearing. The court's order shall make specific findings in accordance with this section. An action for permanency planning must be brought for a child who enters the custody of the department by any mechanism, including subarticle 3 or Section 63-7-1660 or 63-9-330. If the child enters the custody of the department pursuant to Section 63-9-330 and no action is pending in the family court concerning the child, the department may initiate the permanency planning hearing with a summons and petition for review. All parties must be served with the motion or the summons and petition at least ten days before the hearing, and no responsive pleading is required. The department shall provide notice pursuant to this section to the foster parent, the relative or nonrelative caregiver, or the preadoptive parent, and to any known grandparents and other known relatives of the first or second degree, even if the hearing was noticed by a party or interested party other than the department. The department shall send notice pursuant to this section at least ten days before the hearing, except where the parties to the action receive less than ten days' notice. The department shall file with the family court a certificate of service confirming compliance with the notice requirements of this section.
(J) A named party, the
child's guardian ad litem, a grandparent and other relative
of the first or second degree, the foster parent, the relative
or nonrelative caregiver, or the local foster care review
board may file a motion for review of the case at any time. Any
other party in interest may move to intervene in the case
pursuant to the rules of civil procedure and if the motion is
granted, may move for review. Parties in interest
include, but are not limited to, the individual or agency with
legal custody or placement of the child and the foster
parent. The notice of motion and motion for review must
be served on the named parties, the child's guardian ad
litem, the foster parent, relative or nonrelative caregiver, or
preadoptive parent, any known grandparents and other known
relatives of the first or second degree, and the local foster
care review board at least ten days before the hearing date.
The motion must state the reason for review of the case and the
relief requested. As required by subsection (A), the
department shall provide notice of motion and motion for review
to the foster parent, the relative or nonrelative caregiver, or
the preadoptive parent, and any known grandparents and other
known relatives of the first or second degree, even if the
hearing was noticed by a party or interested party other than
the department. The department shall send notice pursuant to
this section at least ten days before the hearing, except where
the parties to the action receive less than ten days' notice.
The department shall file with the family court a certificate of
service confirming compliance with the notice requirements of
this section."
B. Section 63-7-1700 of the 1976 Code, as last amended by Act 238 of 2016, is further amended by adding a subsection at the end to read:
"( ) The foster parent or caregiver has the unconditional right to intervene in any court action pertaining to the child and to seek any relief pertaining to custody of the child and the child's best interests. Any other person or entity may move to intervene in the case pursuant to the rules of civil procedure."
SECTION 4. Section 63-7-1710(C)(1) of the 1976 Code is amended to read:
"(1) 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 Section 63-7-1700(C), (D), (F), or (G) and entering the findings required to select a permanent plan for the child from Section 63-7-1700(C), (D), (F), or (G). For this exemption to apply, the court must find on the record through testimony of at least one witness subject to cross examination by any party and any party in interest that there are exceptional circumstances regarding the child's mental health, the absence of an adoptive resource, or other compelling reasons for selection of a permanent plan other than termination of parental rights;"
SECTION 5. Section 63-7-2530(A) of the 1976 Code is amended to read:
"(A) A petition
seeking termination of parental rights may be filed by the
Department of Social Services or any interested
party in interest. Any petition seeking termination of
parental rights filed by a party in interest also may seek
adoption of the child."
SECTION 6. Section 63-9-60 of the 1976 Code, as last amended by Act 160 of 2010, is further amended to read:
"Section 63-9-60.
(A)(1) Any South
Carolina resident may petition the court to adopt a child.
(B)(1)
Placement of children for adoption pursuant to this
article is limited to South Carolina residents with exceptions
being made Any nonresident of South Carolina may
petition the court to adopt a child in the following
circumstances only:
(a)
the child is a special needs child, as defined by Section
63-9-30;
(b)
there has been public notoriety concerning the child or
child's family, and the best interests of the child would be
served by placement outside this State;
(c)
the child is to be placed for adoption with a relative
related biologically or by marriage;
(d)
at least one of the adoptive parents is in the military
service stationed in South Carolina;
(e)
there are unusual or exceptional circumstances such that
the best interests of the child would be served by placement
with or adoption by nonresidents of this State;
or
(f)
the child has been in foster care for at least six months
after having been legally freed for adoption and no South
Carolina resident has been identified as a prospective adoptive
home;
(g)
a parent has specifically consented to the
adoption by the nonresident; or
(h)
the department or any agency under contract with
the department has placed the child with the nonresident for
purposes of adoption.
(2)
Before a child is placed within or outside the boundaries
of this State for adoption with nonresidents of this State,
compliance with Article 11 (Interstate Compact on the Placement
of Children) is required, and a judicial determination must be
made in this State that one of the circumstances in
items (a) through (f) of subsection (A)(1)
subsection (B)(1)(a)-(h) applies, whether or not the
adoption proceedings are instituted in this State. Additionally,
in order to determine if any of the circumstances in
items (a) through (f) of subsection (A)(1)
subsection (B)(1)(a)-(h) apply so as to permit placement
with a nonresident for the purpose of adoption or adoption by a
nonresident, a petition may be brought for the determination
before the birth of the child or before placement of the child
with the prospective adoptive parents. In ruling on this
question the court must include in its order specific findings
of fact as to the circumstances allowing the placement of a
child with a nonresident or the adoption of a child by a
nonresident. The court also must analyze the facts against the
objective criteria established in Sections 16-3-1060 and
63-9-310(F) and make specific findings in accordance with the
pertinent law and evidence presented. The order resulting from
this action does not prohibit or waive the right to refuse to
consent to a release of rights or relinquish rights at a later
time or to withdraw a consent or relinquish at a later time as
provided in this article. The order must be merged with and made
a part of any subsequent adoption proceeding, which must be
initiated and finalized in this State.
(B) This section does not apply to
a child placed by the State Department of Social Services or any
agency under contract with the department for purposes of
placing that child for adoption.
(3)
Neither the department nor its contractors may
delay or deny the placement of a child for adoption by a
nonresident if that nonresident has been approved for adoption
of the child by another state authorized to approve such
placements pursuant to the Interstate Compact on Placement of
Children. The department shall provide an opportunity for a
hearing, in accordance with the department's fair hearing
procedures, to a nonresident who believes that the department,
in violation of this section, has delayed or denied placement of
a child for adoption.
(C) A
petition for adoption of a child may be filed pursuant to this
section regardless of which individual or entity has custody of
the child. When the department has custody of a child, the
rights granted herein to South Carolina residents and
nonresidents shall not be diminished, invalidated or negatively
affected in any way."
SECTION 7. Section 63-9-330 of the 1976 Code is amended to read:
"Section 63-9-330.
(A) Consent or relinquishment for the
purpose of adoption, pursuant to Section 63-9-310, must be made
by a sworn document, signed by the person or the head of the
agency giving consent or relinquishment after the birth of the
adoptee, and must specify the following:
(1)
the permanent address of the person or agency making the
sworn written statement;
(2)
the date, time, and place of the signing of the
statement;
(3)
the date of birth, race, and sex of the adoptee and any
names by which the adoptee has been known;
(4)
the relationship of the adoptee to the person or agency
giving consent or relinquishment;
(5)
the name and address of the adoptee's mother or
father;
(6)
that the consent or relinquishment by the person or agency
forfeits all rights and obligations of the person or agency with
respect to the named adoptee, including any future child support
obligation. Giving consent or relinquishment does not relieve a
person from the obligation to pay a child support arrearage
unless approved by the court;
(7)
that consent or relinquishment once given must not be
withdrawn except by order of the court upon a finding that it is
in the best interests of the child, and that the consent or
relinquishment was not given voluntarily or was obtained under
duress or through coercion; and that the entry of the final
decree of adoption renders any consent or relinquishment
irrevocable;
(8)
that the person or agency giving the consent or
relinquishment understands that consent or relinquishment must
not be given if psychological or legal advice, guidance, or
counseling is needed or desired and that none is needed or
desired;
(9)
that the person or agency giving the consent or
relinquishment waives further notice of the adoption
proceedings, unless the proceedings are contested by another
person or agency;
(10)
that the person or agency giving the consent or
relinquishment is doing so voluntarily, and the consent or
relinquishment is not being obtained under duress or through
coercion; and
(11)
that the person or agency giving the consent or
relinquishment has received a copy of the document.
(B) Consent or
relinquishment for the purpose of adoption, pursuant to Section
63-9-310 and which contains the information required in
subsection (A), also may specify the identification of the
prospective adoptive parent or agency to whom the consent or
relinquishment is directed.
(C) When a
child placing child-placing agency
accepts a relinquishment for the purpose of adoption, which
gives the agency the right to consent to an adoption of the
child, and which contains the information required in subsection
(A) of this section, the consent of the agency
for the purpose of adoption is not required to meet the
requirements of subsection (A). However, the sworn document
relinquishing the child must be filed with the court pursuant to
subsection (C) of Section
63-9-710(C)."
SECTION 8. Subarticle 3, Article 1, Chapter 9, Title 63 of the 1976 Code is amended by adding:
"Section 63-9-370.
(A) If a parent executes a consent or
relinquishment for the purpose of adoption directed to a
child-placing agency or qualified prospective adoptive parent,
and the minor child is in the custody of the department and
parental rights have been terminated, the consent is valid,
binding, and enforceable by the court to the same extent as if
the minor child were not in the custody of the department.
(B) Upon execution of
the consent or relinquishment of the parent and termination of
parental rights, the child-placing agency or prospective
adoptive parent is permitted to intervene in any family court
action pertaining to the child and must provide the family court
a copy of the preliminary home study of the prospective adoptive
parent and any other evidence of the suitability of the
placement. The preliminary home study must be maintained with
the strictest confidentiality within the court action and in the
department's file. A preliminary home study must be provided to
the court in all cases in which a child-placing agency or
prospective adoptive parent has intervened pursuant to this
section. Unless the court has concerns regarding the
qualification of the home study provider or concerns that the
home study may not be adequate to determine the best interests
of the child, the department shall not be required to perform an
additional home study. Nothing herein shall prevent the
department from performing or procuring a separate home
study.
(C) If a child-placing
agency or prospective adoptive parent files a motion to
intervene in a family court action in accordance with this
chapter, the family court promptly shall grant a hearing to
determine whether the child-placing agency or prospective
adoptive parent has filed the required documents to be permitted
to intervene and whether a change of placement of the child is
appropriate and in the best interest of the child. The
department and the child's guardian ad litem shall be parties to
the hearing required pursuant to this subsection. the custody or
placement of the child shall not be modified prior to the
hearing required pursuant to this subsection.
(D) Upon a
determination by the family court that the prospective adoptive
parent is properly qualified to adopt the minor child and that
the adoption appears to be in the best interests of the minor
child, the court shall immediately order the transfer of custody
of the minor child to the prospective adoptive parent, under the
supervision of the child-placing agency, if any. The
child-placing entity, if any, shall thereafter provide monthly
supervision reports to the department until finalization of the
adoption. If there is no child-placing agency involved, the
department shall make monthly contact with the prospective
adoptive parent until the finalization of the adoption pursuant
to Section 63-9-750. If custody is transferred pursuant to this
subsection, the department may not be a named party to the
adoption action but shall receive notice of the final hearing
pursuant to Section 63-9-750 and have the right to attend the
hearing and to address the court concerning the child. The
department may move to intervene or may otherwise be added as a
party in the adoption action pursuant to the rules of civil
procedure.
(E) In determining
whether the best interests of the child are served by
transferring the custody of the minor child to the prospective
adoptive parent selected by the parent or child-placing agency,
the court may consider the rights of the parent to determine an
appropriate placement for the child, the permanency offered, the
child's bonding with any potential adoptive home in which the
child has been residing, and the importance of maintaining
sibling relationships, if possible.
(F) The transfer of
custody pursuant to subsection (D) shall not deprive the family
court of its jurisdiction, responsibilities and authority over
the adoption and the best interests of the child pursuant to
Section 63-9-750.
(G) The child-placing
agency, if any, is responsible for keeping the family court
informed of the status of the adoption proceedings at least
every ninety days from the date of the order changing placement
of the minor child until the date of the finalization of the
adoption.
(H) In all actions
instituted pursuant to Subarticle 3, Article 3, Chapter 7, Title
63 (Emergency Protective Custody), after if it is determined
that reunification is not a viable alternative and before the
filing of a petition for termination of parental rights by the
department, the court shall advise any parent and any known
grandparent or other known relative of the first or second
degree who are parties to the case of the right to participate
in a private adoption plan."
SECTION 9. Section 63-9-750(B)(7) of the 1976 Code is amended to read:
"(7) if the
petitioner is a nonresident of this State, the findings pursuant
to Section 63-9-50 63-9-60(B) are
included in the order, and there has been compliance with
Article 11 (Interstate Compact on the Placement of
Children)."
SECTION 10. Section 63-11-720(A)(5) of the 1976 Code, as last amended by Act 238 of 2016, is further amended to read:
"(5) to advise foster parents of their right to petition the family court for termination of parental rights and for adoption, which is the statutory right of the foster parents pursuant to Sections 63-3-550, 63-7-2530, and 63-9-60, and to encourage these foster parents to initiate these proceedings in an appropriate case when it has been determined by the local review board that return to the natural parent is not in the best interest of the child;"
SECTION 11. Section 63-9-1110 of the 1976 Code, as last amended by Act 160 of 2010, is further amended to read:
"Section 63-9-1110.
Any person may adopt his spouse's child, and any person
may adopt a child to whom he is related by blood or marriage. In
the adoption of these children:
(1) no investigation or
report required under the provisions of Section 63-9-520 is
required unless otherwise directed by the court or necessary
to meet the requirements of Section 63-9-370;
(2) no accounting by
the petitioner of all disbursements required under the
provisions of Section 63-9-740 is required unless the accounting
is ordered by the court;
(3) upon good cause
shown, the court may waive the requirement, pursuant to Section
63-9-750, that the final hearing must not be held before ninety
days after the filing of the adoption petition;
(4) upon good cause
shown, the court may waive the requirement, pursuant to Section
63-9-320(A)(2), of the appointment of independent counsel for an
indigent parent; and
(5) upon good cause
shown, the court may waive the requirement, pursuant to Section
63-9-60(A)(2), that the adoption proceeding must be finalized in
this State."
SECTION 12. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.