H*4971 Session 112 (1997-1998)
H*4971(Rat #0525, Act #0391 of 1998) General Bill, By Wilkins, Harrison and
Knotts
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 20-7-766, AS AMENDED, RELATING TO
PERMANENCY PLANNING, SO AS TO REVISE THE STANDARD FOR RETURNING THE CHILD HOME
AND TO INCLUDE IN THE FINDINGS THE STEPS THE DEPARTMENT HAS TAKEN TO PROMOTE
AND EXPEDITE THE ADOPTIVE PLACEMENT OF A CHILD WHEN THE CHILD IS NOT RETURNED
HOME; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF
PARENTAL RIGHTS, SO AS TO INCLUDE AS ADDITIONAL GROUNDS FOR TERMINATION, THE
CHILD HAVING BEEN IN FOSTER CARE FOR FIFTEEN OF THE LAST TWENTY-TWO MONTHS OR
PHYSICAL ABUSE OF A CHILD HAVING RESULTED IN DEATH OR IN-PATIENT
HOSPITALIZATION; 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 FELONY
DRUG-RELATED OFFENSE IN THE PROHIBITED CRIMINAL OFFENSES AND TO PROVIDE THAT
THE PROHIBITED CRIMINAL OFFENSES INCLUDE OFFENSES COMMITTED IN OTHER
JURISDICTIONS OR UDDER FEDERAL LAW; 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.-AMENDED TITLE
04/07/98 House Introduced and read first time HJ-415
04/07/98 House Referred to Committee on Judiciary HJ-416
04/22/98 House Committee report: Favorable with amendment
Judiciary HJ-48
04/23/98 House Member(s) added as co-sponsor(s): Rep(s) Knotts HJ-12
04/28/98 House Amended HJ-36
04/28/98 House Read second time HJ-44
04/29/98 House Read third time and sent to Senate HJ-16
04/30/98 Senate Introduced and read first time SJ-11
04/30/98 Senate Referred to Committee on Judiciary SJ-11
05/28/98 Senate Committee report: Favorable with amendment
Judiciary SJ-17
06/02/98 Senate Amended SJ-85
06/02/98 Senate Read second time SJ-85
06/03/98 Senate Read third time and returned to House with amendments
06/04/98 House Concurred in Senate amendment and enrolled HJ-25
06/10/98 Ratified R 525
06/15/98 Signed By Governor
06/23/98 Effective date 06/15/98
06/23/98 Copies available
06/30/98 Act No. 391
(A391, R525, H4971)
AN ACT 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; BY ADDING SECTION 20-7-1515 SO AS TO
REQUIRE THE COURT IN DETERMINING THE BEST INTEREST
OF THE CHILD TO CONSIDER THE CHILD'S PREFERENCE FOR
CUSTODY, GIVING WEIGHT TO THE CHILD'S AGE,
EXPERIENCE, AND OTHER FACTORS; TO AMEND SECTION
20-7-736 RELATING TO THE JURISDICTION OF THE FAMILY
COURT IN ABUSE AND NEGLECT MATTERS, SO AS TO
FURTHER SPECIFY THE STANDARD FOR PETITIONING THE
COURT FOR REMOVAL OF A CHILD; TO AMEND SECTION
20-7-766, AS AMENDED, RELATING TO PERMANENCY
PLANNING HEARINGS, SO AS TO REVISE THE STANDARD FOR
RETURNING THE CHILD HOME AND TO INCLUDE IN THE
FINDINGS THE STEPS THE DEPARTMENT HAS TAKEN TO
PROMOTE AND EXPEDITE THE ADOPTIVE PLACEMENT OF A
CHILD WHEN THE CHILD IS NOT RETURNED HOME; TO AMEND
SECTION 20-7-1572, AS AMENDED, RELATING TO
TERMINATION OF PARENTAL RIGHTS, SO AS TO INCLUDE AS
ADDITIONAL GROUNDS FOR TERMINATION, THE CHILD
HAVING BEEN IN FOSTER CARE FOR FIFTEEN OF THE LAST
TWENTY-TWO MONTHS OR PHYSICAL ABUSE OF A CHILD
HAVING RESULTED IN DEATH OR IN-PATIENT
HOSPITALIZATION; 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 FELONY DRUG-RELATED OFFENSE IN THE PROHIBITED
CRIMINAL OFFENSES AND TO PROVIDE THAT THE
PROHIBITED CRIMINAL OFFENSES INCLUDE OFFENSES
COMMITTED IN OTHER JURISDICTIONS OR UNDER FEDERAL
LAW; 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:
Hearing notices required
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."
Specifications for "reasonable efforts"; when required; termination
of
SECTION 2. The 1976 Code is amended by adding:
"Section 20-7-763. (A) When this chapter requires the department
to make reasonable efforts to preserve or reunify a family and requires the
family court to determine whether these 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 to
preserve or reunify a family should be required in hearings regarding
removal of custody, review of amendments to a placement plan, review
of the status of a child in foster care, or permanency planning.
(C) The family court may authorize the department to terminate or
forego reasonable efforts to preserve or reunify a family 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, or an equivalent
offense, in this jurisdiction or another;
(3) the parent has been convicted of or pled guilty or nolo
contendere to voluntary manslaughter of another child of the parent, or an
equivalent offense, in this jurisdiction or another;
(4) the parent has been convicted of 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),
or an equivalent offense, in this jurisdiction or another;
(5) physical abuse of a child of the parent resulted in the death or
admission to the hospital for in-patient care of that child and the abuse is
the act for which the parent has been convicted of or pled guilty or nolo
contendere to committing, aiding, abetting, conspiring to commit, or
soliciting (a) an offense against the person as provided for in Title 16,
Chapter 3, (b) criminal domestic violence as defined in Section 16-25-20,
(c) criminal domestic violence of a high and aggravated nature as defined
in Section 16-25-65, or (d) the common law offense of assault and battery
of a high and aggravated nature, or an equivalent offense in another
jurisdiction;
(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 to preserve or reunify the family
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 to preserve or
reunify a family 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.
(F) In determining whether to authorize the department to terminate
or forego reasonable efforts to preserve or reunify a family, the court must
consider whether initiation or continuation of reasonable efforts to
preserve or reunify the family is in the best interests of the child."
Standard for initiating termination of parental rights; exceptions
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 to preserve or reunify the family are
not necessary pursuant to Section 20-7-763."
Child's preference for custody to be considered
SECTION 4. Subarticle 1, Article 11 of Chapter 7 of Title 20 of the
1976 Code is amended by adding:
"Section 20-7-1515. In determining the best interests of the child, the
court must consider the child's reasonable preference for custody. The
court shall place weight upon the preference based upon the child's age,
experience, maturity, judgment, and ability to express a preference."
Standard for petitioning for removal of a child
SECTION 5. 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 safely maintained in the home in that he cannot be protected
from unreasonable risk of harm affecting the child's life, physical health,
safety, or mental well-being 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."
Standard for returning child to parents at permanency planning
hearing
SECTION 6. 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
planapproved 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 (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
child may be safely maintained in the home in 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, safety, or mental well-being, 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 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) Except as provided in subsection (E), 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. 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 (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.
(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.
(G) If the child is not returned to the parent, in addition to the findings
required under subsection (D) or (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.
(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 (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 (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 (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.
(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.
(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."
Steps taken to expedite adoptive placement
SECTION 7. Section 20-7-766(F) of the 1976 Code, as last amended
by Act 450 of 1996, is further amended by adding at the end:
"(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."
Grounds for termination of parental rights added
SECTION 8. Section 20-7-1572(6) and (7) of the 1976 Code, as last
amended by Act 22 of 1997, is further amended to read:
"(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;
(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 in-patient 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."
Crimes precluding placement of a child in foster care
SECTION 9. 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;
(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."
Exceptions to whom may petition for adoption; providing hearings for
violations
SECTION 10. 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
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
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."
Referral of children to regional or national adoption exchange
SECTION 11. 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."
Time effective
SECTION 12. This act takes effect upon approval by the Governor.
Approved the 15th day of June, 1998. |