S 1150 Session 110 (1993-1994)
S 1150 General Bill, By Wilson, Jackson, Mescher, Peeler, L.E. Richter, Ryberg and
Washington
A Bill to amend Subarticle 4, Article 13, Chapter 7, Title 20, Code of Laws of
South Carolina, 1976, relating to foster care review boards, so as to revise
board procedures and standards for review, to eliminate the board supporting
the Division for Review of the Foster Care of Children in the Office of the
Governor, to change the procedures for selection of local board members, to
limit board member reimbursement; and to repeal Regulations 24-1 through
24-37, relating to the Foster Care Review Board and direct the Division to
promulgate new regulations before January 1, 1996.
02/09/94 Senate Introduced and read first time SJ-7
02/09/94 Senate Referred to Committee on General SJ-7
A BILL
TO AMEND SUBARTICLE 4, ARTICLE 13, CHAPTER 7, TITLE 20,
CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED,
RELATING TO FOSTER CARE REVIEW BOARDS, SO AS TO REVISE
BOARD PROCEDURES AND STANDARDS FOR REVIEW, TO
ELIMINATE THE BOARD SUPPORTING THE DIVISION FOR REVIEW
OF THE FOSTER CARE OF CHILDREN IN THE OFFICE OF THE
GOVERNOR, TO CHANGE THE PROCEDURES FOR SELECTION OF
LOCAL BOARD MEMBERS, TO LIMIT BOARD MEMBER
REIMBURSEMENT; AND TO REPEAL REGULATIONS 24-1 THROUGH
24-37, RELATING TO THE FOSTER CARE REVIEW BOARD AND
DIRECT THE DIVISION TO PROMULGATE NEW REGULATIONS
BEFORE JANUARY 1, 1996.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Subarticle 4, Article 13, Chapter 7, Title 20 of the 1976
Code, as last amended by Act 181 of 1993, is further amended to read:
"Subarticle 4
Foster Care Review Board
Section 20-7-2374. (A) There are created sixteen local boards
for review of cases of children in foster care for the Division for Review
of the Foster Care of Children in the Office of the Governor, one in each
judicial circuit, composed of five members appointed by the Governor. A
local board member must be a resident of the judicial circuit which the
member represents, except where a current or former member is
substituting for an absent member. Each local board shall elect a chairman
from among its members.
(B) If the director determines that additional local review boards are
necessary in a judicial circuit because of an excessively large case load for
review or if the local board is no longer necessary because of a reduced
case load, the director may create or dissolve local review boards. Boards
created by the director have the authority and duties provided for the boards
by this subarticle.
Section 20-7-2376. The functions and powers of local foster care
review boards are to:
(A) To (1) review every six months but no less
frequently than once every six months the cases of children who have
resided reside in public foster care for a period of more
than four consecutive months and to review every six months the cases of
children who have resided in private foster care for a period of more than
six 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. The initial review must be conducted after the child has
been in foster care for seventy-five consecutive days but before one
hundred twenty-five days. A child's return home for temporary
placements, trial placements, visits, holidays, weekend visits, or changes
from one foster care placement to another must not be construed to mean
a break or lapse in determination of a consecutive four-month
seventy-five-day period; for children in public foster care or
six-month period for children in private foster care; (B) To recommend
continued placement of a child in the child caring facility, unless the parent
is able to resume care, in at least those instances when:
(1) Children are privately placed in privately-owned facilities or group
homes;
(2) A notarized affidavit of summary review is executed by the child
caring facility and is valid on its face. The affidavit of summary review
must be submitted to the board every six months and accepted by the board
if it is valid on its face. The affidavit must attest to the following
conditions:
(a) The person who placed the child has legal custody of the child;
(b) No court has ordered or approved the placement of the child in
the care of the child caring facility except as a part of an order granting
legal custody of the child to a parent or legal guardian; (c) The
facility has no knowledge that a child has ever been abused, neglected, or
abandoned while under the care of the person who placed the child in the
facility;
(d) The person who placed the child contributes regularly to the
support of the child to the level of his ability and has done so for a period
of six months immediately prior to the date of the affidavit; (e)
The person who placed the child has maintained contact and visitation with
the child to the best of his ability under existing circumstances.
(C) To (2) encourage the return
placement of children to with their natural
parents families, except as provided in item (B) of this
section, or, upon determination during a case review of the
local review board during a case review that this return
placement with their families is not in the best interest of the
child, to recommend to initiate procedures pursuant to law to
free the child for adoption or recommend that the appropriate agency
action be taken for a take maximum effort to place the
child for adoption;
(D) To (3) promote and encourage all agencies and
facilities involved in placing children in foster care to place children with
persons suitable and eligible as adoptive parents;
(E) To (4) advise foster parents of their right to
petition the family court for termination of parental rights and for adoption
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;
(F) To (5) recommend that a child caring facility or
agency exert all possible efforts to make arrangements for permanent
guardianship or permanent foster care or
guardianship for children for whom return to natural parents or
adoption is not feasible or possible as determined during a case review by
the local review board;
(G) To (6) report to the state office of the Department
of Social Services and other adoptive or foster care agencies any
deficiencies in these agencies' efforts to secure permanent homes for
children discovered in the local board's review of these cases as provided
for in items (A) (1) and (2)(B) of this
section.
Any case findings or recommendations of a local review board are
advisory.
Section 20-7-2377. A local review board may participate in a
judicial review involving a child in foster care including the ability to
introduce, examine, and cross-examine witnesses. However, nothing in this
section may be construed to require the involvement of the local board in
a proceeding. Notice of intent to participate must be provided by the
division to all parties and may be given by telephone or in writing.
Section 20-7-2378. (A) All identifying information in the
possession of local boards is confidential and must be withheld from public
inspection. If a local review board member takes individual case notes,
these must be kept in the official review board files when the board is not
in session. Staff and the local boards shall maintain all case files in locked
file cabinets in the review board system's office. This section may not be
construed to permit disclosure of information broader than is permitted by
law or to permit lesser confidentiality of records than the agency or facility
providing the records. All board members and staff shall sign a statement
agreeing to the confidentiality requirement and acknowledgment of
notification of the penalties for violation of this requirement. Board
members and staff are subject to the same standards of confidentiality as
Department of Social Services and other agency employees.
(B) Except as otherwise prohibited by law, information from case
records may be released to the following:
(1) division staff;
(2) the local boards and their staff;
(3) the child-caring agency or facility involved;
(4) federal or state courts or other administrative bodies or persons
when required by federal or state law or pursuant to court order;
(5) law enforcement as necessary to investigate allegations of child
abuse or neglect.
Section 20-7-2379. There is created the South Carolina Board of
Directors for Review of Foster Care of Children consisting of seven
members, all of whom must be past or present members of local review
boards. There must be one member from each congressional district and
one member from the State at large, all appointed by the Governor with the
advice and consent of the Senate. Terms of office for the members of the
board are for four years and until their successors are appointed and
qualify. Of the initial appointments, the Governor shall designate two
members to serve for one year, two for a term of two years, two for a term
of three years, and one for a term of four years. Thereafter, appointments
must be made by the Governor in the manner as prescribed above for terms
of four years to expire on June thirtieth of the appropriate year. The board
shall elect from its members a chairman who shall serve for two years.
Four members of the board constitute a quorum for the transaction of
business. Members of the board shall receive per diem, mileage, and
subsistence as provided by law for members of boards, commissions, and
committees while engaged in the work of the board. The board shall meet
at least quarterly and more frequently upon the call of the chairman to
review and coordinate the activities of the local review boards and make
recommendations to the General Assembly with regard to foster care
policies, procedures, and deficiencies of public and private agencies which
arrange for foster care of children as determined by the review of cases
provided for in items (A) and (B) of S 20-7-2376. These recommendations
must be included in an annual report, filed with the General Assembly, of
the activities of the state office and local review boards. The board of
directors shall promulgate regulations to carry out the provisions of this
subarticle. These regulations shall provide for and must be limited to
procedures for: reviewing reports and other necessary information at state,
county, and private agencies and facilities; scheduling of reviews and
notification of interested parties; conducting local review board and board
of directors' meetings; disseminating local review board recommendations,
including reporting to the appropriate family court judges the status of
judicially approved treatment plans; and developing policies for summary
review of children privately placed in privately-owned facilities or group
homes. The board is authorized to employ a director who may be paid an
annual salary to be determined by the General Assembly. The board may
remove the director at any time for any reason. The director shall employ
staff as is necessary to carry out the provisions of this subarticle, and the
staff must be compensated in an amount and in a manner as may be
determined by the General Assembly. The provisions of this subarticle may
not be construed to provide for subpoena authority.
Section 20-7-2382. After participating in a training program of the
system for the review of foster care of children, a local review board
member is not liable for damages for personal injury as a result of an act
or omission in the discharge of his the board member's
duties as a member if he the member acts in good faith
and his the member's conduct does not constitute gross
negligence, recklessness, wilfulness, or wantonness.
Section 20-7-2385. There are created sixteen local boards for
review of cases of children receiving foster care, one in each judicial
circuit, composed of five members appointed by the Governor upon
recommendation of the legislative delegation of each county within the
circuit for terms of four years and until their successors are appointed and
qualify. If the county legislative delegations within a judicial circuit have
not recommended to the Governor a person to fill a review board vacancy
within ninety days after being notified by certified mail that the vacancy
exists, then the local review boards in the judicial circuit may recommend
to the Governor someone to fill the vacancy. All local board members must
be residents of the judicial circuit which they represent, except where a
current or former member is substituting for an absent member. Local
boards shall elect their chairman.
If the board of directors determines that additional local review boards
are necessary in a judicial circuit because of an excessively large case load
for review or if the local board is no longer necessary because of a reduced
case load, the board may create or dissolve local review boards by
resolution, and the boards created have all authority and duties provided for
the boards by the provisions of this subarticle.
Section 20-7-2388. Local boards shall conduct meetings in the judicial
circuit which they represent. A quorum is three members. Each
board must be provided sufficient staff to perform its functions as set forth
in this subarticle with funds provided in the annual state general
appropriations act. Members of the local boards and former
members substituting for an absent member may not receive compensation
for their services but must be allowed mileage, per diem, and
subsistence as provided by law for state boards, committees, and
commissions for attendance at board meetings if the member
travels more than forty miles round trip to attend a board meeting. If
needed to ensure a quorum at a board meeting, a current or former member
of a local board may serve as a substitute on a board other than his
the member's own board, whether or not the substitute member is
a resident of the judicial circuit of that board.
Section 20-7-2391. Any person or agency aggrieved by an action or
recommendation of a local review board may seek relief by petition to the
family court of that county which shall issue a rule to show cause why the
action or recommendation of the local review board should not be set aside
or modified. If a child caring facility or agency is not in agreement
with the local review board recommendation relating to permanent
placement of a child in its care, the child caring facility or agency shall
notify the chairman of the local review board within twenty-one days after
receipt of the recommendation.
Section 20-7-2394. All public and private agencies and facilities which
provide for or arrange foster care for children shall cooperate with the
board of directors division director and local review
boards by making available for review, upon request, records
as may be requested on children subject to review by a local
review board. All records must be made available in a timely
manner and when requested for a case review, must be available before the
scheduled review date. When records are requested at a time other than for
a case review, the request must be made by the division director or the
attorney for the division. Records include pleadings filed with the court and
those records made confidential pursuant to Section 20-7-690. Pleadings
and notices relative to judicial review must be sent to the division at the
time of filing with the court.
Section 20-7-2397. The provisions of this subarticle may not be
construed to limit or delay actions by agencies or facilities to arrange for
adoptions, foster care, termination of parental rights, or other related
matters on their own initiative, nor do and the provisions
of this subarticle in any manner do not alter or restrict
in any manner the duties and authority of these agencies and
facilities in those matters.
Section 20-7-2399. The division shall promulgate regulations to
carry out the provisions of this subarticle."
SECTION 2. Regulations 24-1 through 24-37 are repealed and the Division
for the Review of the Foster Care of Children in the Office of the
Governor shall promulgate new regulations before January 1, 1996.
SECTION 3. This act takes effect upon approval by the Governor.
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