H*3345 Session 106 (1985-1986)
H*3345(Rat #0614, Act #0525 of 1986) General Bill, By Kirsh, S.R. Foster,
P. Freeman, B.J. Gordon, D.O. Hawkins, D.E. Martin, A.V. Rawl, J.I. Rogers,
Washington, J.M. White and D.E. Winstead
Similar(S 950)
A Bill to amend Sections 20-7-1740, 20-7-1780, as amended, 20-7-1900,
20-7-1930 through 20-7-1970, 20-7-2000 through 20-7-2020, 20-7-2060, and
20-7-2070, Code of Laws of South Carolina, 1976, relating to the adoption
provisions in the Children's Code, supplemental benefits to assure adoption,
and Interstate Compact on the Placement of Children, so as to delete all
references to the Children's Bureau (Bureau); Sections 20-7-2300 through
20-7-2310, and 20-7-2340, as amended, relating to the Bureau, so as to delete
all provisions pertaining to the Bureau, provide that the Child is the primary
client of the state adoptive programs, establish a single public adoption
system within the Department, provide for the administration of the public
adoption agency by the Department, to authorize the Department to establish
fees for adoption and related services; to amend Sections 20-7-1870 and
20-7-1880, relating to the requirements that reports of removals of children
from their natural mother must be reported to the Bureau and the requirement
that no person may bring or send into this State any child in a foster home
unless the person bringing or sending the child has first notified the Bureau,
so as to change all references to the Department of Social Services; to add
Section 20-7-1945 so as to require the Department of Social Services
(Department) to conduct a study of the adequacy of medical, shelter, and
support services for birth parents and determine what improvements are needed;
to establish a transition committee to assist in the transfer of all
operations from the Bureau to the Department; and to provide for the
composition, powers, staffing, and dissolution of the committee; to provide
that the committee must submit a plan to the Budget and Control Board by
October 1, 1986, transferring all necessary service delivery and support
functions, current appropriations, assets, and liabilities from the Bureau to
the Department; to provide that the State Budget and Control Board shall make
as promptly and practicable as possible the necessary transfer to carry out
the transition committee's plan; to provide that all applications on file with
the Bureau and the Department on the effective date of this Act shall receive
priority consideration for adoptive placements with the Department; to require
the Department, before it accepts a client, to provide him with an
informational brochure which outlines the services available from and the
procedure used to select adoptive parents and the licensed private adoption
agencies in this State; to provide that upon completion of the transfer of the
Bureau into the Department's adoption program, the Board of Directors of the
Bureau shall continue to function as an advisory board on adoptions to the
State Board of the Department of Social Services, to provide for the
membership of the Board of Directors, to provide for the dissolution of the
advisory board, to provide for status reports by the advisory board of the
effectiveness of the adoption program following the transition, and to require
that the State Board of the Department of Social Services must report to the
General Assembly on the implementation of the state-administered adoption
program, to require the General Assembly to make final determination by June
30, 1989, whether the single adoption system within the Department must be
permanently authorized; to repeal Sections 20-7-1830 through 20-7-1860,
20-7-1890, 20-7-2320, 20-7-2325, 20-7-2330, and 20-7-2350 through 20-7-2370
relating to the various responsibilities of the Bureau regarding adoption, the
provisions authorizing the Board of Directors of the Bureau to prescribesd
policies and administrative duties of the Bureau, disbursement of funds
appropriated to the Bureau by the General Assembly, the provisions concerning
the fees for services provided by the Bureau, requirement that the Board of
Directors must hire a Supervisor of the Bureau, the requirement of an annual
report by the Bureau, and the penalty provisions for violation of Subarticle 3
of Article 13 of Chapter 20 of Title 7 (Children's Bureau); and to provide
that if this determination is not made by June 30, 1989, this Act is repealed
and the transition committee must be reconvened for the purpose of
reconstituting a single public adoption agency effective January 1, 1990, and
to provide for a bifurcated effective date.-amended title
01/22/86 House Introduced and read first time HJ-232
01/22/86 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-233
02/12/86 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-627
02/19/86 House Objection by Rep. Barfield, McAbee, MD Burriss,
Tucker, Hearn, HJ-856
02/19/86 House Objection by Rep. Davenport & Cork HJ-856
04/09/86 House Objection withdrawn by Rep. Davenport HJ-2268
04/16/86 House Special order, set for after disposition of H
3671 (Under H 3829) HJ-2374
04/29/86 House Amended HJ-2671
04/29/86 House Read second time HJ-2691
04/30/86 House Read third time and sent to Senate HJ-2760
05/01/86 Senate Introduced and read first time SJ-2415
05/01/86 Senate Referred to Committee on Medical Affairs SJ-2415
05/07/86 Senate Committee report: Favorable Medical Affairs SJ-2464
05/26/86 Senate Read second time SJ-3241
05/26/86 Senate Ordered to third reading with notice of
amendments SJ-3241
05/26/86 Senate Special order SJ-3241
06/03/86 Senate Amended SJ-3489
06/03/86 Senate Read third time SJ-3532
06/03/86 Senate Returned SJ-3532
06/04/86 House Concurred in Senate amendment and enrolled HJ-3625
06/05/86 Ratified R 614
06/11/86 Signed By Governor
06/11/86 Effective date 06/11/86
06/11/86 See Act for explanation of effective date
06/11/86 Act No. 525
06/20/86 Copies available
(A525, R614, H3345)
AN ACT TO AMEND SECTIONS 20-7-1740, 20-7-1780, AS AMENDED, 20-7-1900, 20-7-1930
THROUGH 20-7-1970, 20-7-2000 THROUGH 20-7-2020, 20-7-2060, AND 20-7-2070, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION PROVISIONS IN THE
CHILDREN'S CODE, SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION, AND INTERSTATE COMPACT
ON THE PLACEMENT OF CHILDREN, SO AS TO DELETE ALL REFERENCES TO THE CHILDREN'S
BUREAU (BUREAU); SECTIONS 20-7-2300 THROUGH 20-7-2310, AND 20-7-2340, AS AMENDED,
RELATING TO THE BUREAU, SO AS TO DELETE ALL PROVISIONS PERTAINING TO THE BUREAU,
PROVIDE THAT THE CHILD IS THE PRIMARY CLIENT OF STATE ADOPTIVE PROGRAMS,
ESTABLISH A SINGLE PUBLIC ADOPTION SYSTEM WITHIN THE DEPARTMENT, PROVIDE FOR THE
ADMINISTRATION OF THE PUBLIC ADOPTION AGENCY BY THE DEPARTMENT, TO AUTHORIZE THE
DEPARTMENT TO ESTABLISH FEES FOR ADOPTION AND RELATED SERVICES; TO AMEND SECTIONS
20-7-1870 AND 20-7-1880, RELATING TO THE REQUIREMENTS THAT REPORTS OF REMOVALS
OF CHILDREN FROM THEIR NATURAL MOTHER MUST BE REPORTED TO THE BUREAU AND THE
REQUIREMENT THAT NO PERSON MAY BRING OR SEND INTO THIS STATE ANY CHILD IN A
FOSTER HOME UNLESS THE PERSON BRINGING OR SENDING THE CHILD HAS FIRST NOTIFIED
THE BUREAU, SO AS TO CHANGE ALL REFERENCES TO THE DEPARTMENT OF SOCIAL SERVICES;
TO ADD SECTION 20-7-1945 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES
(DEPARTMENT) TO CONDUCT A STUDY OF THE ADEQUACY OF MEDICAL, SHELTER, AND SUPPORT
SERVICES FOR BIRTH PARENTS AND DETERMINE WHAT IMPROVEMENTS ARE NEEDED; TO
ESTABLISH A TRANSITION COMMITTEE TO ASSIST IN THE TRANSFER OF ALL OPERATIONS FROM
THE BUREAU TO THE DEPARTMENT; AND TO PROVIDE FOR THE COMPOSITION, POWERS,
STAFFING, AND DISSOLUTION OF THE COMMITTEE; TO PROVIDE THAT THE COMMITTEE MUST
SUBMIT A PLAN TO THE BUDGET AND CONTROL BOARD BY OCTOBER 1, 1986, TRANSFERRING
ALL NECESSARY SERVICE DELIVERY AND SUPPORT FUNCTIONS, CURRENT APPROPRIATIONS,
ASSETS, AND LIABILITIES FROM THE BUREAU TO THE DEPARTMENT; TO PROVIDE THAT THE
STATE BUDGET AND CONTROL BOARD SHALL MAKE AS PROMPTLY AND PRACTICABLE AS POSSIBLE
THE NECESSARY TRANSFER TO CARRY OUT THE TRANSITION COMMITTEE'S PLAN; TO PROVIDE
THAT ALL APPLICATIONS ON FILE WITH THE BUREAU AND THE DEPARTMENT ON THE EFFECTIVE
DATE OF THIS ACT SHALL RECEIVE PRIORITY CONSIDERATION FOR ADOPTIVE PLACEMENTS
WITH THE DEPARTMENT; TO REQUIRE THE DEPARTMENT, BEFORE IT ACCEPTS A CLIENT, TO
PROVIDE HIM WITH AN INFORMATIONAL BROCHURE WHICH OUTLINES THE SERVICES AVAILABLE
FROM AND THE PROCEDURE USED TO SELECT ADOPTIVE PARENTS AND BY THE LICENSED
PRIVATE ADOPTION AGENCIES IN THIS STATE; TO PROVIDE THAT UPON COMPLETION OF THE
TRANSFER OF THE BUREAU INTO THE DEPARTMENT'S ADOPTION PROGRAM, THE BOARD OF
DIRECTORS OF THE BUREAU SHALL CONTINUE TO FUNCTION AS AN ADVISORY BOARD ON
ADOPTIONS TO THE STATE BOARD OF THE DEPARTMENT OF SOCIAL SERVICES, TO PROVIDE FOR
THE MEMBERSHIP OF THE BOARD OF DIRECTORS, TO PROVIDE FOR THE DISSOLUTION OF THE
ADVISORY BOARD, TO PROVIDE FOR STATUS REPORTS BY THE ADVISORY BOARD OF THE
EFFECTIVENESS OF THE ADOPTION PROGRAM FOLLOWING THE TRANSITION, AND TO REQUIRE
THAT THE STATE BOARD OF THE DEPARTMENT OF SOCIAL SERVICES MUST REPORT TO THE
GENERAL ASSEMBLY ON THE IMPLEMENTATION OF THE STATE-ADMINISTERED ADOPTION
PROGRAM, TO REQUIRE THE GENERAL ASSEMBLY TO MAKE FINAL DETERMINATION BY JUNE 30,
1989, WHETHER THE SINGLE ADOPTION SYSTEM WITHIN THE DEPARTMENT MUST BE
PERMANENTLY AUTHORIZED; TO REPEAL SECTIONS 20-7-1830 THROUGH 20-7-1860,
20-7-1890, 20-7-2320, 20-7-2325, 20-7-2330, AND 20-7-2350 THROUGH 20-7-2370
RELATING TO THE VARIOUS RESPONSIBILITIES OF THE BUREAU REGARDING ADOPTION, THE
PROVISIONS AUTHORIZING THE BOARD OF DIRECTORS OF THE BUREAU TO PRESCRIBE POLICIES
AND ADMINISTRATIVE DUTIES OF THE BUREAU, DISBURSEMENT OF FUNDS APPROPRIATED TO
THE BUREAU BY THE GENERAL ASSEMBLY, THE PROVISIONS CONCERNING THE FEES FOR
SERVICES PROVIDED BY THE BUREAU, REQUIREMENT THAT THE BOARD OF DIRECTORS MUST
HIRE A SUPERVISOR OF THE BUREAU, THE REQUIREMENT OF AN ANNUAL REPORT BY THE
BUREAU, AND THE PENALTY PROVISIONS FOR VIOLATION OF SUBARTICLE 3 OF ARTICLE 13
OF CHAPTER 20 OF TITLE 7 (CHILDREN'S BUREAU); AND TO PROVIDE THAT IF THIS
DETERMINATION IS NOT MADE BY JUNE 30, 1989, THIS ACT IS REPEALED AND THE
TRANSITION COMMITTEE MUST BE RECONVENED FOR THE PURPOSE OF RECONSTITUTING A
SINGLE PUBLIC ADOPTION AGENCY EFFECTIVE JANUARY 1, 1990, AND TO PROVIDE FOR A
BIFURCATED EFFECTIVE DATE.
Be it enacted by the General Assembly of the State of South Carolina:
Findings
SECTION 1. The General Assembly finds that there should no longer be two public
adoption agencies in South Carolina and that a single system within a
comprehensive children's services agency is needed to assure that public adoption
services are provided in the most effective and efficient manner. Therefore, the
functions of the Children's Bureau of South Carolina are transferred to the
adoption program within the Department of Social Services.
The public adoption agency shall monitor and evaluate all public placements so
as to insure that placements are suitable and in the best interests of the child.
Any administrative costs savings accrued through the establishment of a single
public adoptive system must be directed into the provision of adoption services.
Investigation
SECTION 2. Subsection (a) of Section 20-7-1740 of the 1976 Code is amended to
read:
"(a) Upon the filing of a petition for adoption the court shall order an
investigation to be made by a private or public welfare organization having as
one of its main purposes the care and placement of children, or by a
representative designated by the court, and shall further order that a report of
the investigation must be filed with the court by the designated investigator
within sixty days from the issuance of the order for investigation, unless time
therefor is extended by the court. The investigation may be dispensed with upon
good cause therefor being presented to the court. The investigation must include
the conditions and antecedents of the child for the purpose of determining
whether he is a proper subject for adoption, appropriate inquiry to determine
whether the proposed home and family are suitable for the child, and any other
circumstances and conditions which may have a bearing on the adoption and of
which the court should have knowledge."
Files are confidential
SECTION 3. Subsection (c) of Section 20-7-1780 of the 1976 Code is amended to
read:
"(c) All files and records pertaining to the adoption proceedings in the
Department of Social Services, or in any authorized agency, are confidential and
withheld from inspection except upon order of court for good cause shown."
Supplemental benefits
SECTION 4. Sections 20-7-1900 and 20-7-1930 through 20-7-1970 of the 1976 Code
are amended to read:
"Section 20-7-1900. The purpose of this subarticle is to supplement the
South Carolina adoption law by making possible through public supplemental
benefits the most appropriate adoption of each child certified by the Department
of Social Services as requiring a supplemental benefit to assure adoption.
Section 20-7-1930. The Department of Social Services shall establish and
administer an ongoing program of supplemental benefits for adoption. Supplemental
benefits and services for children under this program must be provided out of
funds appropriated to the Department of Social Services for the maintenance of
children in foster care or made available to them from other sources.
Section 20-7-1940. Any child meeting criteria specified in Section 20-7-1920
for whom the Department of Social Services believes supplemental benefits are
necessary to improve opportunities for adoption is eligible for the program. The
agency shall document that reasonable efforts have been made to place the child
in adoption without supplemental benefits through the use of adoption resource
exchanges, recruitment, and referral to appropriate specialized adoption
agencies.
Section 20-7-1950. When parents are found and approved for adoption of a child
certified as eligible for supplemental benefits, and before the final decree of
adoption is issued, there must be executed a written agreement between the family
entering the adoption and the Department of Social Services. In individual cases
supplemental benefits may commence with the adoptive placement or at the
appropriate time after the adoption decree and will vary with the needs of the
child as well as the availability of other resources to meet the child's needs.
The supplemental benefits may be for special services only, or for money
payments, and either for a limited period, for a long term, or for any
combination of the foregoing. The amount of time-limited, long-term supplemental
benefits may in no case exceed that which would be currently allowable for the
child under foster family care or, in the case of a special service, the
reasonable fee for the service rendered.
When supplemental benefits last for more than one year the adoptive parents
shall present an annual written certification that the child remains under the
parents' care and that the child's need for supplemental benefits continues.
Based on the written certification and investigation by the agency and available
funds, the agency may approve continued supplemental benefits. These benefits
must be extended so long as the continuing need of the child is certified and the
child is the legal dependent of the adoptive parents.
A child who is a resident of South Carolina when eligibility for supplemental
benefits is certified shall remain eligible and receive supplemental benefits,
if necessary for adoption, regardless of the domicile or residence of the
adopting parents at the time of application for adoption, placement, legal decree
of adoption, or thereafter.
All records regarding the adoption are confidential and may be disclosed only
in accordance with existing state law.
Section 20-7-1960. Any decision concerning supplemental benefits by the
Department of Social Services which the placement agency or the adoptive parents
consider adverse to the child is reviewable according to the provisions of the
agency's administrative procedure.
Section 20-7-1970. The Department of Social Services shall promulgate
regulations to carry out the provisions of this subarticle. The regulations must
provide for improvement of data and statistical information collection on
placement of children in adoption, increased outreach to birth parents, increased
recruitment of adoptive parents for minority and special needs children,
incentives to encourage the adoption of minority and special needs children, and
increased efforts to encourage foster parent adoption."
Study
SECTION 5. Subarticle 9 of Article 11 of Chapter 7 of Title 20 of the 1976 Code
is amended by adding:
"Section 20-7-1945. The Department of Social Services is directed to
conduct a study of the adequacy of medical, shelter, and support services for
birth parents and determine what improvements are needed."
Appropirate public authorities, various terms
SECTION 6. Sections 20-7-2000 through 20-7-2020, 20-7-2060, and 20-7-2070 of the
1976 Code are amended to read:
"Section 20-7-2000. The 'appropriate public authorities' as used in
subsection 3 of the Interstate Compact on the Placement of Children, with
reference to this State, means the South Carolina Department of Social Services
for adoptive and foster care purposes. The department shall receive and act with
reference to notices required by subsection 3.
Section 20-7-2010. As used in item (a) of subsection 5 of the Interstate
Compact on the Placement of Children, 'appropriate authority in the receiving
state' with reference to this State means the Department of Social Services as
the compact administrator.
Section 20-7-2020. The officers and agencies of this State and its
subdivisions having authority to place children are empowered to enter into
agreements with appropriate officers or agencies of or in other party states
pursuant to item (b) of subsection 5 of the Interstate Compact on the Placement
of Children. Any agreement which contains a financial commitment or imposes a
financial obligation of this State or subdivision or agency of it is not binding
unless it has the approval in writing of the State Treasurer in the case of the
State and of the Commissioner of the Department of Social Services in the case
of a subdivision of the State, as their respective functions and duties may
appear and be appropriate pursuant to this subarticle.
Section 20-7-2060. As used in subsection 7 of the Interstate Compact on the
Placement of Children, 'executive head' means the Governor. The Governor is
authorized to designate the Department of Social Services as the compact
administrator in accordance with the terms of subsection 7.
Section 20-7-2070. The Department of Social Services shall promulgate
procedures to govern all aspects of interstate adoptive and interstate foster
care placements."
Subarticle 3 to be reentitled
SECTION 7. The title to Subarticle 3 of Article 13 of Chapter 7 of Title 20 of
the 1976 Code is reentitled "Adoptive Services".
Purpose of subarticle
SECTION 8. Sections 20-7-2300 through 20-7-2310, and 20-7-2340, as amended
by Act 157 of 1985, are amended to read:
"Section 20-7-2300. It is the purpose of this subarticle to achieve the
objective of the best interests of the child, as the primary client. Adoption
programs must be structured so that all questions of interpretation are resolved
with that objective in mind. To achieve this objective, adoption services must
be delivered in the most effective and cost-efficient manner with assurances for
the provision of quality services.
Section 20-7-2310. The Department of Social Services shall administer an
adoption program on behalf of the State. Adoption services must be available
statewide. The adoption program provided by the department must be a centrally
administered state program. The department shall designate regions which will
be administered by the state office. The adoption unit shall constitute a
separate and distinct unit within the department so as to assure specialization
of effort and effective access to the commissioner. This unit must be staffed
with qualified personnel professionally trained in the social work or other
related fields.
The department shall continually evaluate its staffing, functions, policies,
and practices on the basis of nationally recognized standards.
A committee to advise the department on all children's services must be
appointed by the State Board of Social Services. Persons appointed to the
committee must be knowledgeable on adoption, protective services, foster care,
and other children's services.
Section 20-7-2340. The department shall establish fees for certain adoption
and related services. The fees must be charged on a scale related to income as
established by the state board, but the inability to pay a fee does not preclude
the providing of any service.
A fee may not be charged for the placement of a child with special needs, as
defined by the South Carolina Adoption Act of 1986, into an adoptive home.
Fees collected under this section must be forwarded to the State Treasurer who
shall hold them in a separate account. These funds may be expended only as
provided for by the General Assembly. Of the funds authorized to be expended,
not less than seventy-five percent must be used for the sole purpose of paying
for the medical and maternity home expenses incurred by clients (1) who are
pregnant, (2) who have requested the services of the Department of Social
Services in planning for permanence for their child, and (3) for whom other
public or private funds are not available, and the remainder of the funds may be
used to defray other operating expenses related to adoption service
delivery."
Transition Committee
SECTION 9. A Transition Committee is created to assist in the transfer of all
necessary operations from the Children's Bureau of South Carolina to the
Department of Social Services. The Transition Committee must approve the
structure for service delivery required by Section 11 of this act. The committee
shall include the State Auditor, the Chairman of the Human Services Subcommittee
of the State Reorganization Commission or his designee, a representative of the
Joint Legislative Committee on Personal Service Financing Budgeting to be
appointed by the chairman, the Chairman of the Board of the Department of Social
Services or his designee, the Chairman of the Board of the Children's Bureau of
South Carolina or his designee, such agency heads or others as the Governor
determines to appoint so long as the total membership of the committee does not
exceed ten, and the Chairman of the Joint Legislative Committee on Children who
shall serve as chairman of the Transition Committee. Joint staffing for the
Transition Committee must be provided by the Joint Legislative Committee on
Children, the State Reorganization Commission, and the Governor's Office. The
plan shall be submitted to the General Assembly by October 1, 1986. The plan
must be approved by the General Assembly by Concurrent Resolution prior to March
1, 1987, but the plan shall not take effect until approved by the General
Assembly. The plan will address, but not be limited to, the transfer of all
necessary service delivery and support functions, including classified personnel,
current appropriations, assets, and liabilities from the Children's Bureau to the
Department of Social Services. The Transition Committee is dissolved one year
after the effective date of this act.
Accreditation
SECTION 10. The department shall take all actions necessary to achieve
accreditation of its adoption program by a nationally recognized accreditation
organization, such as the Council on Accreditation of Services for Families and
Children, as soon as practicable.
Board to make transfers
SECTION 11. The State Budget and Control Board, as promptly as practicable,
shall make all transfers necessary to carry out the plan developed by a
transition committee and approved by the General Assembly for the implementation
of this act.
Assurances must be made that adoption direct service delivery personnel may not
be decreased below the combined adoption staffing levels of the Children's Bureau
and the Department of Social Services on the effective date of this act. Service
delivery and support staff and functions or programs which are transferred to the
Department of Social Services must be transferred with state merit system
coverage along with the staff, functions, or programs. The department must
develop an efficient and cost-effective organizational structure and all
transferred employees of the Children's Bureau and the employees of the existing
adoption program of the Department of Social Services shall have equal
opportunity to fill any positions in the combined unit with regard to salary,
grade level, classification, and location with the State.
The salaries and classifications of all classified employees of the Children's
Bureau and the adoption program of the Department of Social Services shall remain
the same, except for base pay or merit increases, until such time as a revised
organizational structure has been approved and existing employees have had an
opportunity to apply for available positions.
Applications to receive priority considerations
SECTION 12. All applications on file with the Children's Bureau and the
department at the time of the passage of this subarticle shall receive priority
consideration for adoptive placements by the department. The first applicant on
the priority list of the Children's Bureau must be first in the merged priority
list and the first applicant in the Department of Social Service's priority list
must be second on the merged priority list and the remaining applicants on the
priority list of each agency must alternately be assigned to the next position
on the merged priority list until all applications on the priority lists of both
agencies are incorporated into the merged list. The department is required to
insure that the applications are acted upon as soon as practicable.
Repeal
SECTION 13. Sections 20-7-1830 through 20-7-1860 and 20-7-1890, 20-7-2320,
20-7-2325, 20-7-2330 and 20-7-2350 through 20-7-2370 of the 1976 Code are
repealed upon certification by the Transition Committee to the State Budget and
Control Board that the transition has been completed.
Individuals to report to department
SECTION 14. Sections 20-7-1870 and 20-7-1880 of the 1976 Code are amended to
read:
"Section 20-7-1870. All private individuals, including midwives,
physicians and nurses, hospitals, and the offices of all private institutions,
as well as agencies and organizations, who shall remove a child within six months
after its birth from its natural mother shall report to the Department the names
and addresses of the parents of such child and the names and addresses of the
persons with whom the child is left, unless the person removing the child from
its natural mother knows of his own knowledge that the child was born in wedlock
and was not removed from its mother because of immoral surroundings.
Section 20-7-1880. No person shall bring or send into this State from any
territory or country any child and, leaving it, place such child in a foster home
or procure its adoption unless the person so bringing or sending such child shall
have first notified the Department of his intention to do so and provide the
appropriate information as required by the Department."
Informational brochure
SECTION 15. The Department of Social Services, before it may accept as a client
a parent or parents, or prospective parent or parents who wish to relinquish
their child for adoption, must first provide them with an informational brochure
which outlines the services available from and the procedure used to select
adoptive parents by the Department and by the licensed private adoption agencies
in this State. It must also contain a listing of the licensed private adoption
agencies in this State. The information contained in the brochure relating to
the private adoption agencies must be jointly authored by the private adoption
agencies and furnished to the Department. The Department may not accept the
above persons as clients until a period of forty-eight hours has elapsed from the
time they are furnished this brochure, and the Department upon accepting these
persons as clients must have them sign an affirmative statement that they have
received this brochure and this statement must be kept in the adoption file
maintained by the Department.
Board to continue to function as advisory board
SECTION 16. (A) Upon the completion of the transfer of the Children's Bureau
into the Department of Social Services' adoption program, the Board of Directors
of the Children's Bureau shall continue to function as an advisory board on
adoptions to the State Board of the Department of Social Services. The
membership of the Board of Directors of the Children's Bureau shall make up the
membership of the advisory board on adoption to the State Department of Social
Services. This advisory board on adoptions shall function until June 30, 1989.
The advisory board on adoptions is directed to provide the State Board of the
Department of Social Services with status reports every six months beginning
January 1, 1988, on the effectiveness of the adoption program following the
transition.
(B) The advisory board on adoptions shall issue its third report on January
1, 1989, which shall provide an in-depth assessment of the adoption program as
to the quality, effectiveness, and cost-efficiency of the program, the
effectiveness of the linkages between the adoption program and the other
children's services provided by the department, and a determination that services
are being provided in the best interests of the child. Upon receipt of this
report, the State Board of the Department of Social Services shall report to the
General Assembly on the implementation of the state administered adoption
program. The report shall address the findings of the advisory board. The
General Assembly must make the determination by June 30, 1989 whether the single
public adoption system within the Department of Social Services shall be
permanently authorized. In the event the General Assembly does not make the
determination by June 30, 1989, this act is repealed and the Transition Committee
must be reconvened for the purpose of reconstituting a single public adoption
agency effective January 1, 1990.
Time effective
SECTION 17. Sections 5, 9, 10, and this section shall take effect upon approval
by the Governor and Sections 1, 2, 3, 4, 6, 7, 8, 11, 12, 13, 14, 15, and 16
shall take effect upon approval by the General Assembly by Concurrent Resolution
of the plan required to be submitted to the Governor and the General Assembly by
the Transition Committee pursuant to Section 9 of this act. |