S 1218 Session 112 (1997-1998)
S 1218 General Bill, By Hayes
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
20-7-645 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE NOTICE
OF CERTAIN HEARINGS TO FOSTER PARENTS, PREADOPTIVE PARENTS, AND RELATIVES
PROVIDING CARE OF A CHILD; BY ADDING SECTION 20-7-763 SO AS TO CLARIFY WHAT IS
REQUIRED OF THE DEPARTMENT OF SOCIAL SERVICES WHEN IT MUST MAKE "REASONABLE
EFFORTS" IN WORKING WITH FAMILIES AND CHILDREN AND TO FURTHER AUTHORIZE THE
FAMILY COURT TO MAKE DETERMINATIONS AS TO WHEN REASONABLE EFFORTS MAY BE
REQUIRED AND WHEN THEY MAY BE TERMINATED OR DISPENSED WITH; BY ADDING SECTION
20-7-768 SO AS TO PROVIDE CONDITIONS UNDER WHICH THE DEPARTMENT SHALL INITIATE
OR JOIN IN A PROCEEDING FOR TERMINATION OF PARENTAL RIGHTS AND TO PROVIDE
EXCEPTIONS; TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO JUDICIAL
PROCEEDINGS FOR REMOVAL OF A CHILD FROM THE HOME, SO AS TO REVISE THE STANDARD
FOR REMOVAL; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY
PLANNING AND JUDICIAL REVIEW OF THE PLAN, SO AS TO REVISE THE STANDARD FOR
RETURNING THE CHILD HOME TO REFLECT THE CHANGES FOR REMOVAL OF THE CHILD AND
TO REQUIRE IN THE FINDINGS WHEN A CHILD IS NOT RETURNED TO THE PARENTS, THE
STEPS THE DEPARTMENT HAS TAKEN TO PROMOTE AND EXPEDITE THE ADOPTIVE PLACEMENT
OF THE CHILD; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR
TERMINATION OF PARENTAL RIGHTS, SO AS TO INCLUDE AS GROUNDS THAT A CHILD HAS
BEEN IN FOSTER CARE WITH THE STATE FOR FIFTEEN OF THE MOST RECENT TWENTY-TWO
MONTHS AND THAT PHYSICAL ABUSE CAUSED THE DEATH OR INPATIENT HOSPITALIZATION
OF A CHILD AND THE PARENT WAS CONVICTED FOR THE OFFENSE; TO AMEND SECTION
20-7-1642, AS AMENDED, RELATING TO PERSONS WITH WHOM A CHILD MAY NOT BE PLACED
FOR FOSTER CARE, SO AS TO INCLUDE A PERSON CONVICTED OF A FELONY DRUG-RELATED
OFFENSE AND TO PROVIDE THAT SIMILAR OFFENSES COMMITTED IN OTHER JURISDICTIONS
ARE ALSO A BAR TO PLACING A CHILD IN FOSTER CARE WITH SUCH AN OFFENDER; TO
AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY PETITION FOR
ADOPTION OF A CHILD, SO AS TO PROVIDE EXCEPTIONS AND TO PROVIDE FOR A HEARING
IF THE DEPARTMENT VIOLATES THIS SECTION; AND TO AMEND SECTION 20-7-1895
RELATING TO THE STATEWIDE ADOPTION EXCHANGE, SO AS TO DELETE THE PROVISION
THAT ONLY A "SPECIAL NEEDS CHILD" MAY BE REFERRED TO A REGIONAL OR NATIONAL
ADOPTION EXCHANGE.
04/29/98 Senate Introduced and read first time SJ-12
04/29/98 Senate Referred to Committee on Judiciary SJ-12
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 20-7-645 SO AS TO REQUIRE THE
DEPARTMENT OF SOCIAL SERVICES TO PROVIDE NOTICE
OF CERTAIN HEARINGS TO FOSTER PARENTS,
PREADOPTIVE PARENTS, AND RELATIVES PROVIDING
CARE OF A CHILD; BY ADDING SECTION 20-7-763 SO AS TO
CLARIFY WHAT IS REQUIRED OF THE DEPARTMENT OF
SOCIAL SERVICES WHEN IT MUST MAKE
"REASONABLE EFFORTS" IN WORKING WITH
FAMILIES AND CHILDREN AND TO FURTHER AUTHORIZE
THE FAMILY COURT TO MAKE DETERMINATIONS AS TO
WHEN REASONABLE EFFORTS MAY BE REQUIRED AND
WHEN THEY MAY BE TERMINATED OR DISPENSED WITH;
BY ADDING SECTION 20-7-768 SO AS TO PROVIDE
CONDITIONS UNDER WHICH THE DEPARTMENT SHALL
INITIATE OR JOIN IN A PROCEEDING FOR TERMINATION
OF PARENTAL RIGHTS AND TO PROVIDE EXCEPTIONS; TO
AMEND SECTION 20-7-736, AS AMENDED, RELATING TO
JUDICIAL PROCEEDINGS FOR REMOVAL OF A CHILD FROM
THE HOME, SO AS TO REVISE THE STANDARD FOR
REMOVAL; TO AMEND SECTION 20-7-766, AS AMENDED,
RELATING TO PERMANENCY PLANNING AND JUDICIAL
REVIEW OF THE PLAN, SO AS TO REVISE THE STANDARD
FOR RETURNING THE CHILD HOME TO REFLECT THE
CHANGES FOR REMOVAL OF THE CHILD AND TO REQUIRE
IN THE FINDINGS WHEN A CHILD IS NOT RETURNED TO
THE PARENTS, THE STEPS THE DEPARTMENT HAS TAKEN
TO PROMOTE AND EXPEDITE THE ADOPTIVE PLACEMENT
OF THE CHILD; TO AMEND SECTION 20-7-1572, AS
AMENDED, RELATING TO GROUNDS FOR TERMINATION
OF PARENTAL RIGHTS, SO AS TO INCLUDE AS GROUNDS
THAT A CHILD HAS BEEN IN FOSTER CARE WITH THE
STATE FOR FIFTEEN OF THE MOST RECENT TWENTY-TWO
MONTHS AND THAT PHYSICAL ABUSE CAUSED THE
DEATH OR INPATIENT HOSPITALIZATION OF A CHILD AND
THE PARENT WAS CONVICTED FOR THE OFFENSE; TO
AMEND SECTION 20-7-1642, AS AMENDED, RELATING TO
PERSONS WITH WHOM A CHILD MAY NOT BE PLACED FOR
FOSTER CARE, SO AS TO INCLUDE A PERSON CONVICTED
OF A FELONY DRUG-RELATED OFFENSE AND TO PROVIDE
THAT SIMILAR OFFENSES COMMITTED IN OTHER
JURISDICTIONS ARE ALSO A BAR TO PLACING A CHILD IN
FOSTER CARE WITH SUCH AN OFFENDER; TO AMEND
SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS
WHO MAY PETITION FOR ADOPTION OF A CHILD, SO AS TO
PROVIDE EXCEPTIONS AND TO PROVIDE FOR A HEARING
IF THE DEPARTMENT VIOLATES THIS SECTION; AND TO
AMEND SECTION 20-7-1895 RELATING TO THE STATEWIDE
ADOPTION EXCHANGE, SO AS TO DELETE THE PROVISION
THAT ONLY A "SPECIAL NEEDS CHILD" MAY BE
REFERRED TO A REGIONAL OR NATIONAL ADOPTION
EXCHANGE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-645. The department shall provide notice of
a hearing held in connection with an action filed or pursued under
Section 20-7-610, 20-7-736, 20-7-738, 20-7-762, 20-7-764,
20-7-766, or 20-7-1568 to the foster parent, the preadoptive parent,
or the relative who is providing care for a child. The notice must be
in writing and may be delivered in person or by regular mail. 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."
SECTION 2. The 1976 Code is amended by adding:
"Section 20-7-763. (A) When this chapter requires the
department to make reasonable efforts and requires the family court
to determine whether reasonable efforts have been made, the child's
health and safety must be the paramount concern.
(B) The family court may rule on whether reasonable efforts
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, or permanency planning.
(C) The family court may authorize the department to terminate
reasonable efforts or to forego reasonable efforts when the records of
a court of competent jurisdiction show or when the family court
determines that one or more of the following conditions exist:
(1) the parent has subjected the child to one or more of the
following aggravated circumstances:
(a) severe or repeated abuse;
(b) severe or repeated neglect;
(c) sexual abuse;
(d) acts that the judge may find constitute torture; or
(e) abandonment;
(2) the parent has been convicted of or pled guilty or nolo
contendere to murder of another child of the parent in an act which
would have been an offense under Section 1111(a) of Title 18, United
States Code, if the offense had occurred in the special maritime or
territorial jurisdiction of the United States;
(3) the parent has been convicted of or pled guilty or nolo
contendere to voluntary manslaughter of another child of the parent
in an act which would have been an offense under Section 1112(a) of
Title 18, United States Code, if the offense had occurred in the
special maritime or territorial jurisdiction of the United States;
(4) the parent has been convicted or pled guilty or nolo
contendere to aiding, abetting, attempting, soliciting, or conspiring to
commit murder or voluntary manslaughter pursuant to item (1), (2),
or (3);
(5) physical abuse of a child of the parent resulted in the death
or admission to the hospital for inpatient care of that child and the
abuse is the act for which the parent has been convicted of or pled
guilty or nolo contendere to committing, aiding, abetting, conspiring
to commit, or soliciting an offense against the person as provided for
in Title 16, Chapter 3, criminal domestic violence as defined in
Section 16-25-20, criminal domestic violence of a high and
aggravated nature as defined in Section 16-25-65, or the common law
offense of assault and battery of a high and aggravated nature;
(6) the parental rights of the parent to a sibling of the child have
been terminated involuntarily;
(7) other circumstances exist that the court finds make
continuation or implementation of reasonable efforts inconsistent
with the permanent plan for the child.
(D) The department 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.
(E) If the family court's decision that reasonable efforts are not
required results from a hearing other than a permanency planning
hearing, the court's order shall require that a permanency planning
hearing be held within thirty days of the date of the order."
SECTION 3. The 1976 Code is amended by adding:
"Section 20-7-768. (A) When a child is in the custody of
the department, the department shall file a petition to terminate
parental rights or shall join as party in a termination petition filed by
another party if:
(1) a child has been in foster care under the responsibility of the
State for fifteen of the most recent twenty-two months;
(2) a court of competent jurisdiction has determined the child to
be an abandoned infant;
(3) a court of competent jurisdiction has determined that the
parent has committed murder of another child of the parent or has
committed voluntary manslaughter or another child of the parent;
(4) a court of competent jurisdiction has determined that the
parent has aided, abetted, conspired, or solicited to commit murder or
voluntary manslaughter of another child of the parent; or
(5) a court of competent jurisdiction has determined that the
parent has committed a felony assault that has resulted in serious
bodily injury to the child or to another child of the parent.
(B) Concurrently with filing of the petition, the department shall
seek to identify, recruit, process, and approve a qualified family for
adoption of the child if an adoptive family has not yet been selected
and approved.
(C) This section does not apply:
(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 20-7-766(C), (E), or (F)
to select a permanent plan for the child from Section 20-7-766(C),
(E), or (F), and that this finding and permanent plan constitute a
compelling reason for not initiating termination of parental rights;
(2) if the family court finds that the department has not afforded
services to the parents provided for in the treatment plan approved
pursuant to Section 20-7-764 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:
(a) the parent did not delay the court proceedings without
cause or delay or refuse the services;
(b) successful completion of the services in question may
allow the child to be returned as provided for in Section 20-7-766(C)
within the extension period; and
(c) the case is not one for which the court has made a
determination that reasonable efforts are not necessary pursuant to
Section 20-7-763."
SECTION 4. Section 20-7-736(B) of the 1976 Code, as last
amended by Act 450 of 1996, is further amended to read:
"(B) Upon investigation of a report received under Section
20-7-650 or at any time during the delivery of services by the
department, the department may petition the family court to remove
the child from custody of the parent, guardian, or other person legally
responsible for the child's welfare if the department determines by a
preponderance of evidence that the child is an abused or neglected
child and that the child cannot be protected from unreasonable
risk of harm affecting the child's life, physical health or safety, or
mental well-being without removal. safely maintained in the
home without removal. If a noncustodial parent is not named as
a party in the removal petition, the agency shall exercise every
reasonable effort to promptly notify the noncustodial parent that a
removal proceeding has been initiated and of the date and time of any
hearings scheduled pursuant to this section."
SECTION 5. Section 20-7-766 of the 1976 Code, as last amended
by Act 132 of 1997, is further amended to read:
"Section 20-7-766. (A) The family court must 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.
(B) The department shall attach a supplemental report to the
pleadings which contain at least:
(1) that information necessary to support findings required in
subsection (F)(G);
(2) the recommended permanent plan and suggested timetable
for attaining permanence; and
(3) any reports of the local foster care review board which
pertain to the child. The department may use the same form for the
supplemental report, reports from the department to the local foster
care review board, and reports compiled for internal department
reviews.
(C) If the court determines at the permanency planning hearing
that the return of the child to the child's parent would not cause an
unreasonable risk of harm to the child's life, physical health or safety,
or mental well-being child may be returned safely to the
child's parent and maintained safely in 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 twelve
months. When determining whether the return of the child would
cause an unreasonable risk of harm child should be
returned, the court shall consider all evidence and the
supplemental report including whether the parent has substantially
complied with the terms and conditions of the plan approved pursuant
to Section 20-7-764.
(D) If the court determines at the permanency planning hearing
that the child should not be returned to the child's parent at that time,
the court's order shall require the department to file a petition to
terminate parental rights to the child not later than sixty days after
receipt of the order. However, if the court finds that the child
may be returned to the parents within a specified reasonable time not
to exceed six months and without an unreasonable risk of harm to the
child as provided for in subsection (C) and that the best interest of the
child would be served thereby, the court may order an extension of
the plan approved pursuant to Section 20-7-764 or may order
compliance with a modified plan. If a petition to terminate
parental rights is to be filed, the department must exercise and
document every reasonable effort to promote and expedite the
adoptive placement and adoption of the child, including a thorough
adoption assessment and child-specific recruitment. Adoptive
placements must be diligently sought for the child and failure to do
so solely because a child is classified as 'special needs' is expressly
prohibited. No adoption may be delayed or denied solely on these
special needs. If the department demonstrates to the court that
terminating parental rights is clearly not in the child's best interest
and one or more of the conditions specified under subsection
(E)(F) exists, a different disposition may be required.
For purposes of this subsection:
(1) 'thorough adoption assessment' means conducting and
documenting face-to-face interviews with the child, foster care
providers, and other significant parties; and
(2) 'child specific recruitment' means recruiting an adoptive
placement targeted to meet the individual needs of the specific child
including, but not be limited to, use of the media, use of photo
listings, and any other in-state or out-of-state resources which may be
utilized to meet the specific needs of the child, unless there are
extenuating circumstances that indicate that these efforts are not in
the best interest of the child.
(E) If the court determines that the child may be returned to
the parent as provided for in subsection (C) within a specified
reasonable time not to exceed six months and that the best interests
of the child will be served and if the court finds that initiating
termination of parental rights is not in the best interests of the child,
the court may order an extension of the plan approved pursuant to
Section 20-7-764 or may order compliance with a modified plan.
(E)(F) After assessing the viability of adoption, if
the department demonstrates that termination of parental rights is
clearly not in the child's best interest and if the court determines that
the:
(1) best interest of the child would be served, the court may
order that custody or legal guardianship, or both, be placed with a
suitable member of the child's extended family or a suitable
nonrelative; however, a home study on the relative or nonrelative
must be submitted to the court for consideration before placement.
The court may order a specified period of supervision and services
not to exceed twelve months;
(2) child has special needs or circumstances and that a
permanent foster caregiver has been identified by the department, the
court may order that the child be placed in permanent foster care with
a specified caregiver. If the child is under fourteen years of age, the
special needs or circumstances must be shown by clear and
convincing evidence;
(3) child has attained the age of sixteen, reasonable efforts to
place the child adoptively have been exhausted, and the child is
unwilling to accept or unable to adapt to a permanent placement, the
court may extend foster care to provide services needed to assist the
child to make the transition to independent living; or
(4) child has physical, mental, or psychological problems or
special treatment needs and must remain in a specialized foster care
setting or that the child is unwilling to accept or unable to adapt to a
permanent placement, the court may extend foster care pending
implementation of a permanent plan.
(F)(G) If the child is not returned to the parent, in
addition to the findings required under subsection (D) or
(E)(F), the court shall specify in its order:
(i) what services have been provided to or offered to the parents
to facilitate reunification;
(ii) the compliance or lack of compliance by all parties to the
plan approved pursuant to Section 20-7-764;
(iii) 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;
(iv) whether previous services should continue and whether
additional services are needed to facilitate reunification, identifying
the services and specifying the expected date for completion, which
must be less than six months from the date of the order;
(v) whether return 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
or retention in foster care;
(vi) whether the child's foster care is to continue for a specified
time and, if so, how long;
(vii) if the child has attained the age of sixteen, the services
needed to assist the child to make the transition to independent living;
(viii) whether the child's current placement is safe and
appropriate; and
(ix) whether the department has made reasonable efforts to assist
the parents in remedying the causes of the child's placement or
retention in foster care.; and
(x) 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.
(G)(H) After the permanency planning hearing, if
the child is retained in foster care, future permanency planning
hearings must be conducted in accordance with this subsection.
If the child is retained in foster care and the agency is required to
initiate termination of parental rights proceedings, the termination of
parental rights hearing may serve as the next permanency planning
hearing.
If the child is retained in permanent foster care with an identified
caregiver, no further permanency planning hearings are necessary if
the child is fourteen years of age or older.
If the court ordered extended foster care for the purpose of
reunification with the parent, the court must select a permanent plan
for the child other than another extension for reunification purposes
at the next permanency planning hearing. The hearing must be held
on or before the date specified in the plan for expected completion of
the plan; in no case may the hearing be held any later than six months
from the date of the last court order. The court also must fulfill the
remaining requirements of subsections (A) through
(F)(G).
After the termination of parental rights hearing, the requirements of
Section 20-7-1574 must be met. Permanency planning hearings must
be held annually, starting with the date of the termination of parental
rights hearing. No further permanency planning hearings may be
required after filing a decree of adoption of the child.
If the court places custody or guardianship with the parent,
extended family member, or suitable nonrelative and a period of
services and supervision is authorized, services and supervision
automatically terminate on the date specified in the court order.
Before the termination date, the department or the guardian ad litem
may file a petition with the court for a review hearing on the status of
the placement. Filing of the petition stays termination of the case
until further order from the court. If the court finds clear and
convincing evidence that the child will be threatened with harm if
services and supervision do not continue, the court may extend the
period of intervention for a specified time. The court's order shall
specify the services and supervision necessary to reduce or eliminate
the risk of harm to the child.
If the child is retained in foster care to pursue a plan of independent
living, future permanency planning hearings must be held annually.
If the child is retained in foster care because of special needs or
characteristics of the child as specified in subsection
(E)(F)(5), and the child is ten years of age or under,
future permanency planning hearings must be held every six months
to determine whether these special needs or characteristics still exist
or whether another disposition is appropriate.
If the child is retained in foster care because of special needs or
characteristics of the child specified in subsection
(E)(F)(5) and the child is more than ten years of age,
future permanency planning hearings must be held annually to
determine whether these special needs or characteristics still exist or
whether another disposition is appropriate.
(H)(I) All proceedings provided for in this section
must be initiated by filing of a summons and complaint with a
supplemental report attached. The summons, complaint,
supplemental report, and notice of the hearing must be served upon
all named parties at least forty days before the hearing.
(I)(J) A named party, the child's guardian ad
litem, 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
at least ten days before the hearing date. The motion shall state the
reason for review of the case and the relief requested."
SECTION 6. Section 20-7-1572 of the 1976 Code, as last amended
by Act 22 of 1992, is further amended to read:
"Section 20-7-1572. 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 interest
of the child:
(1) The child or another child in the home has been harmed as
defined in Section 20-7-490, 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 twelve months. In determining the likelihood
that the home can be made safe, the parent's previous abuse or neglect
of the child or another child in the home may be considered;
(2) The child has been removed from the parent pursuant to
Section 20-7-736, has been out of the home for a period of six
months, and the parent has not remedied the conditions which caused
the removal;
(3) The child has lived outside the home of either parent for a
period of six months, and during that time the parent has wilfully
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 distance of the child's placement from the parent's home
must be taken into consideration when determining the ability to
visit;
(4) The child has lived outside the home of either parent for a
period of six months, and during that time the parent has wilfully
failed to support the child. Failure to support means that the parent
has failed to make a material contribution to the child's care. A
material contribution consists of either financial contributions
according to the parent's means or contributions of food, clothing,
shelter, or other necessities for the care of the child according to the
parent's means. The court may consider all relevant circumstances in
determining whether or not the parent has wilfully failed to support
the child, including requests for support by the custodian and the
ability of the parent to provide support;
(5) 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;
(6) 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 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 by the department or the
family court to participate in a treatment program for alcohol or drug
addiction, and the parent has failed two or more times to complete the
program successfully or has refused at two or more separate meetings
with the department to participate in a treatment program; or
(7) The child has been abandoned as defined in Section
20-7-490(21).;
(8) The child has been in foster care under the responsibility of the
State for fifteen of the most recent twenty-two months; or
(9) The physical abuse of a child of the parent resulted in the
death or admission to the hospital for inpatient care of that child and
the abuse is the act for which the parent has been convicted of or pled
guilty or nolo contendere to committing, aiding, abetting, conspiring
to commit, or soliciting an offense against the person as provided for
in Title 16, Chapter 3, criminal domestic violence as defined in
Section 16-25-20, criminal domestic violence of a high and
aggravated nature as defined in Section 16-25-65, or the common law
offense of assault and battery of a high and aggravated
nature."
SECTION 7. Section 20-7-1642 of the 1976 Code, as last amended
by Act 22 of 1997, is further amended to read:
"Section 20-7-1642. (A) No child may be placed
in foster care with a person:
(1) with a substantiated history of child abuse or neglect; or
(2) who has pled guilty or nolo contendere to or who has been
convicted of:
(a) an 'Offense Against the Person' as provided for in Chapter
3, Title 16;
(b) an 'Offense Against Morality or Decency' as provided for
in Chapter 15, Title 16;
(c) contributing to the delinquency of a minor as provided for
in Section 16-17-490;
(d) the common law offense of assault and battery of a high
and aggravated nature when the victim was a person seventeen years
of age or younger;
(e) criminal domestic violence, as defined in Section
16-25-20; or
(f) criminal domestic violence of a high and aggravated
nature, as defined in Section 16-25-65.;
(g) a felony drug-related offense under the laws of this
State.
(B) A person who has been convicted of a criminal offense
similar in nature to a crime enumerated in subsection (A) when the
crime was committed in another jurisdiction or under federal law is
subject to the restrictions set out in this section."
SECTION 8. Section 20-7-1670 of the 1976 Code, as last amended
by Act 237 of 1996, is further amended to read:
"Section 20-7-1670. (A) Any South Carolina
resident may petition the court to adopt a child. Placement of children
for adoption pursuant to this Subarticle 7, Article 11, Chapter 7 of
Title 20 is limited to South Carolina residents with exceptions being
made in the following circumstances only:
(a) the child is a special needs child, as defined by Section
20-7-1650;
(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.
Before a child is placed within or outside the boundaries of this
State for adoption with nonresidents of this State, compliance with
Subarticle 11, Article 11, Chapter 7 of Title 20 (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 this section applies, whether
or not the adoption proceedings are instituted in South Carolina.
Additionally, in order to determine if any of the circumstances in
items (a) through (f) of this section 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
20-7-1690(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 nor to withdraw a
consent or relinquish at a later time as provided in this chapter. The
order must be merged with and made a part of any subsequent
adoption proceeding initiated in South Carolina.
(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. 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."
SECTION 9. Section 20-7-1895(F) of the 1976 Code, as added by
Act 358 of 1988, is amended to read:
"(F) The department shall refer appropriate children to
regional and national exchanges when an adoptive family has not
been identified within one hundred eighty days of the determination
of the child's adoptable status. The department shall establish criteria
by which a determination may be made that a referral to regional or
national exchanges is not necessary, and the department shall monitor
the status of those children not referred. Only a "special
needs child", as defined in Section 20-7-1650(j), may be
referred under the provisions of this subsection."
SECTION 10. This act takes effect upon approval by the Governor.
-----XX----- |