H 4445 Session 112 (1997-1998)
H 4445 General Bill, By Harrison and Cotty
Similar(S 935) A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN
FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS TO FOSTER
HOMES AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO DELETE THE PROVISION
REQUIRING STATE EMPLOYEES TO REPORT VIOLATIONS OF THIS SECTION; TO REQUIRE
DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS
SECTION AND TO STATE THE DUTIES OF FOSTER PARENTS TO COMPLY WITH THIS SECTION. View full text
01/20/98 House Introduced and read first time HJ-24
01/20/98 House Referred to Committee on Judiciary HJ-25
02/18/98 House Committee report: Favorable with amendment
Judiciary HJ-2
02/24/98 House Amended HJ-25
02/24/98 House Read second time HJ-28
02/25/98 House Read third time and sent to Senate HJ-27
02/26/98 Senate Introduced and read first time SJ-8
02/26/98 Senate Referred to Committee on Judiciary SJ-8
05/19/98 Senate Committee report: Favorable with amendment
Judiciary SJ-16
05/26/98 Senate Amended SJ-21
05/26/98 Senate Read second time SJ-21
05/26/98 Senate Ordered to third reading with notice of
amendments SJ-21
05/28/98 Senate Amended SJ-63
06/04/98 Senate Amended SJ-179
06/04/98 Senate Read third time and returned to House with
amendments SJ-179
06/04/98 House Non-concurrence in Senate amendment HJ-192
06/10/98 Senate Senate insists upon amendment and conference
committee appointed Sens. Moore, Courtney,
Glover SJ-1
06/16/98 House Conference committee appointed Harrison, Scott &
Cotty HJ-5
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
June 4, 1998
H. 4445
Introduced by Reps. Harrison and Cotty
S. Printed 5/28/98--S.
Read the first time February 26, 1998.
A BILL
TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO DUTIES OF THE
DEPARTMENT OF SOCIAL SERVICES REGARDING
CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES
CONCERNING CONDUCTING VISITS TO FOSTER HOMES
AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO
DELETE THE PROVISION REQUIRING STATE EMPLOYEES
TO REPORT VIOLATIONS OF THIS SECTION; TO REQUIRE
DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS
TO ASSURE COMPLIANCE WITH THIS SECTION AND TO
STATE THE DUTIES OF FOSTER PARENTS TO COMPLY
WITH THIS SECTION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 20-7-767 of the 1976 Code, as added by Act
22 of 1997, is amended to read:
"Section 20-7-767. (A) To protect and nurture children in
foster care, the Department of Social Services and its employees
shall:
(1) adhere strictly to the prescribed number of personal contacts,
pursuant to Section 20-7-764(B)(3). These contacts must be
personal, face-to-face visits between the caseworker or member of the
casework team and the foster child. These visits may be conducted
in the foster home and in the presence of other persons who reside in
the foster home; however, if the caseworker suspects that the child
has been abused or neglected during the placement with the foster
parent, the caseworker must observe and interview the child outside
the presence of other persons who reside in the foster home;
(2) conduct contacts under item (1) as personal, face-to-face
visits between the caseworker, the foster child, the foster parents, and
any other adults living in the foster home. During the prescribed
contact, the caseworker must interview or observe the child in order
to determine if the child should be interviewed outside the presence
of other adults and other minors who reside in the home in order to
assess the health and safety of the child. If the caseworker suspects
abuse or neglect, the caseworker must interview and observe the child
outside the presence of other adults and other minors who reside in
the home ensure that a caseworker interviews the foster
parent, either in person or by telephone, at least once each month. No
less frequently than once every two months, ensure that a caseworker
or member of the casework team interviews the foster parent
face-to-face during a visit in the foster home;
(3) ensure that a caseworker interviews other adults residing
in the foster home, as defined in Section 20-7-30(8), face-to-face at
least once each quarter. A foster parent must notify the department
if another adult moves into the home, and the caseworker must
interview the adult face-to-face within one month after receiving
notice. Interviews of foster parents pursuant to item (2) and of other
adults residing in the home pursuant to this item may be conducted
together or separately at the discretion of the department;
(4) ensure that its staff visit in the foster home and
interview the foster parent or other adults in the home more
frequently when conditions in the home, circumstances of the foster
children, or other reasons defined in policy and procedure suggest
that increased oversight or casework support is appropriate. When
more than one caseworker is responsible for a child in the foster
home, the department may assign one caseworker to conduct the
required face-to-face interview with the other adults residing in the
foster home;
(3)(5) provide to the foster child, if age
appropriate, a printed card containing a telephone number the child
may use to contact a designated unit or individual within the
Department of Social Services and further provide an explanation to
the child that the number is to be used if problems occur which the
child believes his or her caseworker cannot or will not resolve;
(4)(6) strongly encourage by letter of
invitation, provided at least three weeks in advance, the attendance
of foster parents to all Foster Care Review Board proceedings held
for children in their care. If the foster parents are unable to attend the
proceedings, they must submit a progress report to the Office of the
Governor, Division of Foster Care Review, at least three days prior
to the proceeding. Failure of the a foster
parents parent to attend the Foster Care Review
Board proceeding or failure to submit a progress report to the
Division of Foster Care Review does not require the board to delay
the proceeding. The letter of invitation and the progress report form
must be supplied by the agency; and
(5)(7) be placed under the full authority of
sanctions and enforcement by the family court pursuant to Section
20-7-420(30) and Section 20-7-420(36) for failure to adhere to the
requirements of this subsection.
(B) If the department places a child in foster care in a county
which does not have jurisdiction of the case, the department may
designate a caseworker in the county of placement to make the visits
required by subsection (A).
(C) In fulfilling the requirements of subsection (A), the
Department of Social Services shall reasonably perform its tasks in
a manner which is least intrusive and disruptive to the lives of the
foster children and their foster families.
(C)(D) The Department of Social Services, in
executing its duties under subsection (A)(3)(4), must
provide a toll free telephone number which must operate twenty-four
hours a day.
(D)(E) Any public employee in this State who has
actual knowledge that a person has violated any of the provisions of
subsection (A) must report those violations to the state office of the
Department of Social Services; however, the Governor's Division of
Foster Care Review must report violations of subsection (A)(4) in
their regular submissions of advisory decisions and recommendations
which are submitted to the family court and the department. Any
employee who knowingly fails to report a violation of subsection (A)
is guilty of a misdemeanor and, upon conviction, must be fined not
more than five hundred dollars or imprisoned not more than thirty
days, or both.
(F) Foster parents have a duty to make themselves reasonably
available for the interviews required by subsection (A)(2) and to take
reasonable steps to facilitate caseworkers' interviews with other
adults who reside in the home as required by subsection (A)(3).
Failure to comply with either the duties in this subsection or those in
subsection (A)(3) constitutes grounds for revocation of a foster
parent's license or other form of approval to provide care to children
in the custody of the department. Revocation would depend on the
number of instances of noncompliance, the foster parents' wilfulness
in noncompliance, or other circumstances indicating that
noncompliance by the foster parents significantly and unreasonably
interferes with the department's ability to carry out its protective
functions under this section.
(E)(G) To further this state's long-term goals and
objectives on behalf of children in foster care, the Department of
Social Services shall give to the General Assembly by January 15,
1999, a report of the status of the foster care system which includes
improvements the department has made to ensure the safety and
quality of life of South Carolina's foster children. This report must
include:
(1) specific standards for the training of foster parents, including
the type of training which is provided;
(2) standards which address emergency situations affecting the
maximum number of children placed in each foster home;
(3) standards which provide for the periodic determination of
the medical condition of a child during his stay in foster care; and
(4) methods the department has developed to encourage the
receipt of information on the needs of children in foster care from
persons who have been recently emancipated from the foster care
system."
SECTION 2. Section 20-7-764(B) of the 1976 Code, as last
amended by Act 450 of 1996, is further amended to read:
"(B) The placement plan shall include, but is not limited to:
(1) the specific reasons for removal of the child from the
custody of the parent or guardian, and the changes that must
be made before the child may be returned, including:
(a) the nature of the harm or threatened harm that
necessitated removal, a description of the problems or conditions in
the home that caused the harm or threatened harm, and the reason
why the child could not be protected without
removal.;
(b) the nature of the changes in the home and family situation
that must be made in order to correct the problems and conditions
that necessitated removal, time frames for accomplishing these
objectives, and means for measuring whether the objectives have
been accomplished. The objectives stated in this part of the plan
must relate to problems and circumstances serious enough to justify
removal. The plan must be oriented to correcting these problems and
circumstances in the shortest possible time in order to expedite the
child's return to the home.;
(c) specific actions to be taken by the parents or guardian of
the child to accomplish the objectives identified in subitem (b) and
time frames for taking these actions.;
(2) other conditions in the home that warrant state intervention,
but would not alone have been sufficient to warrant removal, and the
changes that must be made in order to terminate intervention,
including:
(a) the nature of the harm or threatened harm that justifies
state intervention and a description of the problems or conditions of
the home that caused the harm or threatened harm.;
(b) the nature of the changes in the home and family situation
that must be made in order to correct the problems and conditions
that caused the harm or threatened harm, time frames for
accomplishing these objectives, and means for measuring whether the
objectives have been accomplished.;
(c) specific actions to be taken by the parents or guardian of
the child to accomplish the objectives identified in subitem (b) and
time frames for taking these actions.;
(3) the social and other services to be provided or made
available to the parents, guardian, or other relevant adult to assist the
parents or guardian in accomplishing the objectives, including a
specific finding as to the minimum number and frequency of contacts
a caseworker with the department must have with the child while in
foster care. For a child placed in foster care within this State, the
caseworker must meet with the child, at a minimum, once a month,
but based upon the particular needs and circumstances of the
individual child, more frequent contacts may be ordered by the
court.;
(4) the financial responsibilities and obligations, if any, of the
parents or guardian for the support of the child during the
placement.;
(5) the visitation rights and obligations of the parents, guardian,
siblings, or other relatives of the child during the placement. The
plan shall provide for as much contact as is reasonably possible and
consistent with the best interests of the child between the child and
the child's parents, guardian, siblings, and other appropriate relatives
with whom the child has a close relationship including visitation and
participation of the parents or guardian in the care of the child while
the child is in placement.;
(6) the nature and location of the placement for
of the child unless it is determined that disclosure
of the location of the placement to the parents, guardian, or any
other person would be contrary to the best interest of the child.
In making its determination of whether disclosure of the location
of the placement is in the best interest of the child, the department
must consider evidence of sexual abuse, physical abuse, or substance
abuse by an adult living in the child's home or evidence of criminal
domestic violence in the child's home. When disclosure of the
location of the placement is determined to be contrary to the best
interest of the child, disclosure must not be made to the abusing party
or to any member of the abusing party's household. The
placement must be as close to the child's home as is reasonably
possible, unless placement at a greater distance is necessary to
promote the child's well-being. In the absence of good cause to the
contrary, preference must be given to placement with a relative or
other person who is known to the child and has a constructive and
caring relationship with the child.;
(7) the social and other supportive services to be provided to the
child and the foster parents including counseling or other services to
assist the child in dealing with the effects of separation from the
child's home and family.;
(8) if the parents or guardian were not involved in the
development of the plan, the nature of the agency's efforts to secure
parental participation.;
(9) notice to the parents or guardians that failure to substantially
accomplish the objectives stated in the plan within the time frames
provided may result in termination of parental rights, subject to
notice and a hearing as provided in subarticle 3, Article 11."
SECTION 3. The 1976 Code is amended by adding:
"Section 20-7-775. The department shall disclose to the
foster parent at the time the department places the child in the home
all information known by the person making the placement or
reasonably accessible to the person making the placement which
could affect either the ability of the foster parent to care for the child
or the health and safety of the child or the foster family. This
information includes, but is not limited to, medical and mental health
conditions and history of the child, the nature of abuse or neglect to
which the child has been subjected, behavioral problems, and matters
related to educational needs. If a person lacking this necessary
information made the placement, a member of the child's casework
team or the child's caseworker shall contact the foster parent and
provide the information during the first working day following the
placement. The child's caseworker shall research the child's record
and shall supplement the information provided to the foster parent no
later than the end of the first week of placement if additional
information is found. When the child's caseworker acquires new
information which could affect either the ability of the foster parent
to care for the child or the health and safety of the child or the foster
family, the department shall disclose that information to the foster
parent. The obligation to provide this information continues until the
placement ends."
SECTION 4. Section 20-7-2725(A)(4) of the 1976 Code, as added
by Act 444 of 1996, is amended to read:
"(4) the offenses enumerated in Section 16-1-10(A),
except that this prohibition shall not apply to Section 56-5-2930, the
Class F felony of driving under the influence pursuant to Section
56-5-2940(4) if the conviction occurred at least ten years prior to the
application for employment;"
SECTION 5. Sections 19-1-180(A) and (C) of the 1976 Code are
amended to read:
"(A) An out-of-court statement made by a child who
is under twelve years of age or who functions cognitively,
adaptively, or developmentally under the age of twelve at the
time of the a family court proceeding brought
pursuant to Section 20-7-610 or 20-7-736 Title 20
concerning an act of alleged abuse or neglect as defined by
Section 20-7-490 that is not otherwise admissible in evidence
is admissible in the family court proceeding if the requirements of
this section are met regardless of whether the statement would be
otherwise inadmissible.
(C) The proponent of the statement shall inform the adverse party
of the proponent's intention to offer the statement and the content of
the statement sufficiently in advance of the proceeding to provide the
defendant with a fair opportunity to prepare a response to the
statement before the proceeding at which it is offered. If the
child is twelve years of age or older, the adverse party may challenge
the professional decision that the child functions cognitively,
adaptively, or developmentally under the age of twelve."
SECTION 6. Section 20-7-420 of the 1976 Code, as last amended
by Act 71 of 1997, is further amended by adding an appropriately
numbered item at the end to read:
"( ) To hear and determine actions concerning control of the
person of a minor, including guardianship of the minor."
SECTION 7. That portion of Section 20-7-490 of the 1976 Code
preceding the enumerated items, as last amended by Act 450 of 1996,
is further amended to read:
"When used in this article , or in Article 9, Article 11, or
subarticle 7 of Article 13, and unless the specific context
indicates otherwise:"
SECTION 8. Section 20-7-510 of the 1976 Code, as last amended
by Act 450 of 1996, is further amended to read:
"(A) A physician, nurse, dentist, optometrist, medical
examiner or coroner or an employee of a county medical examiner's
or coroner's office or any other medical, emergency medical services,
mental health, or allied health professional or Christian Science
practitioner, religious healer, school teacher, counselor, principal,
assistant principal, social or public assistance worker, substance
abuse treatment staff, or child care worker in any day care center or
foster care facility, police or law enforcement officer, undertaker,
funeral home director or employee of a funeral home or persons
responsible for processing of films or any judge shall report in
accordance with this section when in the person's professional
capacity the person has received information which gives the person
reason to believe that a child's physical or mental health or welfare
has been or may be adversely affected by abuse or neglect.
(B) Except as provided in subsection (A), any other person who
has reason to believe that a child's physical or mental health or
welfare has been or may be adversely affected by abuse and neglect
may report in accordance with this section. If a person
required to report pursuant to subsection (A) has received
information in the person's professional capacity which gives the
person reason to believe that a child's physical or mental health or
welfare has been or may be adversely affected by acts or omissions
that would be child abuse or neglect if committed by a parent,
guardian, or other person responsible for the child's welfare, but the
reporter believes that the act or omission was committed by a person
other than the parent, guardian, or other person responsible for the
child's welfare, the reporter must make a report to the appropriate law
enforcement agency.
(C) Except as provided in subsection (A), any person who has
reason to believe that a child's physical or mental health or welfare
has been or may be adversely affected by abuse and neglect may
report in accordance with this section.
(C) (D) Reports of child abuse or neglect may be made
orally by telephone or otherwise to the county department of social
services or to a law enforcement agency in the county where the child
resides or is found.
Where reports are made pursuant to this section to a law
enforcement agency, the law enforcement agency shall notify the
county department of social services of the law enforcement's
response to the report at the earliest possible time.
Where a county or contiguous counties have established
multicounty child protective services, pursuant to Section 20-7-650,
the county department of social services immediately shall transfer
reports pursuant to this section to the service.
(E) The identity of the person making a report pursuant to this
section must be kept confidential by the agency or department
receiving the report and must not be disclosed except as provided for
in this chapter.
When the department refers a report to a law enforcement agency
for a criminal investigation, the department must inform the law
enforcement agency of the identity of the person who reported the
child abuse or neglect. The identity of the reporter must only be used
by the law enforcement agency to further the criminal investigation
arising from the report, and the agency must not disclose the
reporter's identity to any person other than an employee of the agency
who is involved in the criminal investigation arising from the report.
If the reporter testifies in a criminal proceeding arising from the
report, it must not be disclosed that the reporter made the report.
When a law enforcement agency refers a report to the department
for an investigation or other response, the law enforcement agency
must inform the department of the identity of the person who
reported the child abuse or neglect. The department must not
disclose the identity of the reporter to any person except as
authorized by Section 20-7-690."
SECTION 9. Section 20-7-540 of the 1976 Code, as last amended
by Act 450 of 1996, is further amended to read:
"Section 20-7-540. A person required or permitted to report
pursuant to this article or who participates in an investigation
or judicial proceedings resulting from the report, acting in good
faith, is immune from civil and criminal liability which might
otherwise result by reason of these actions. In all such civil or
criminal proceedings, good faith is rebuttably presumed.
Immunity under this section extends to full disclosure by the
person of facts which gave the person reason to believe that the
child's physical or mental health or welfare had been or might be
adversely affected by abuse or neglect."
SECTION 10. Section 20-7-545 of the 1976 Code, as amended by
Act 101 of 1997, is further amended to read:
"Section 20-7-545. An employee, volunteer, or official of
the Department of Social Services required or authorized to perform
child protective or child welfare-related functions or an
individual with whom the department has contracted to convene
family group conferences or a law enforcement officer required
or authorized to perform child protective or child welfare related
functions is immune from civil or criminal liability which might
otherwise result by reason of acts or omissions within the scope of
the official duties of the employee, volunteer, convener,
officer, or official, so as long as the employee,
volunteer, convener, officer, or official acted in good faith
and was not reckless, wilful, wanton, or grossly negligent. In all such
civil or criminal proceedings good faith is rebuttably presumed. This
grant of immunity is cumulative to and does not replace any other
immunity provided under the South Carolina Tort Claims Act."
SECTION 11. Section 20-7-560 of the 1976 Code, as last amended
by Act 450 of 1996, is further amended to read:
"Section 20-7-560. A person required to report a case of
child abuse or neglect or a person required to perform any other
function under this article who knowingly fails to do so, or a person
who threatens or attempts to intimidate a witness is guilty of a
misdemeanor and, upon conviction, must be fined not more than five
hundred dollars or imprisoned not more than six months, or both.
The penalty provided for in this section shall be the exclusive
remedy for a failure to report a pregnant woman suspected of child
abuse or neglect."
SECTION 12. Section 20-7-610(A)(1), (I)(2), (M) and (N) of the
1976 Code, as last amended by Act 130 of 1997, is further amended
to read:
"(1) the officer has probable cause to believe that by
reason of abuse or neglect the child's life, health, or physical safety
is in substantial and imminent danger if the child is not taken into
emergency physical custody or emergency protective
custody, and there is not time to apply for a court order
pursuant to Section 20-7-736. When a child is taken into emergency
protective custody following an incident of excessive corporal
punishment, and the only injury to the child is external
lesions or minor bruises, other children in the home shall not be taken
into emergency protective custody solely on account of the injury of
one child through excessive corporal punishment. However, the
officer may take emergency protective custody of other children in
the home if a threat of harm to them is further indicated by factors
including, but not limited to, a prior history of domestic violence or
other abuse in the home, alcohol or drug abuse if known or evident
at the time of the initial contact, or other circumstances indicative of
danger to the children;
(2) both the relative or other person with whom the child is to
be placed and the child's parent or guardian have agreed to the
placement, the department may retain physical custody of the child
for no more than five additional days if necessary to enable the
relative or other person to make travel or other arrangements incident
to the placement. A probable cause hearing pursuant to
subsection (M) shall not be held unless the placement fails to occur
as planned within the five-day period or the child's parent or guardian
makes a written request for a hearing to the department. The
department must give the child's parent or guardian written notice of
the right to request a probable cause hearing to obtain a judicial
determination of whether removal of the child from the home was
and remains necessary. Upon receipt of a written request for a
hearing from the child's parent or guardian, the department shall
schedule a hearing for the next date on which the family court is
scheduled to hear probable cause hearings. If the placement
does not occur as planned within the five-day period, the
department immediately must determine whether to assume legal
custody of the child and file a petition as provided in subsection (K).
The department shall assure that the child is given age-appropriate
information about the plans for placement and any subsequent
changes in those plans at the earliest feasible time.
(M) The family court shall schedule a probable cause hearing to be
held within seventy-two hours of the time the child was taken into
emergency protective custody. If the third day falls upon a Saturday,
Sunday, or holiday, the probable cause hearing must be held no later
than the next working day. If there is no term of court in the county
when the probable cause hearing must be held, the hearing must be
held in another county in the circuit. If there is no term of family
court in another county in the circuit, the probable cause hearing may
be heard in another court in an adjoining circuit. The probable cause
hearing may be conducted by video conference at the discretion of
the judge. At the probable cause hearing, the family court shall
undertake to fulfill the requirements of Section 20-7-110 and shall
determine whether there was probable cause for taking emergency
protective custody and for the department to assume legal custody of
the child and shall determine whether probable cause to retain legal
custody of the child remains at the time of the hearing. At the
probable cause hearing, the respondents may submit affidavits as to
facts which are alleged to form the basis of the removal and to
cross-examine the department's witnesses as to whether there existed
probable cause to effect emergency removal. The hearing on the
merits to determine whether removal of custody is needed,
pursuant to Section 20-7-736, must be held within thirty-five days of
the date of receipt of the removal petition. At the probable cause
hearing, the court shall set the time and date for the hearing on the
merits. A party may request a continuance that would result in the
hearing being held more than thirty-five days after the petition was
filed, and the court may grant the request for continuance only if
exceptional circumstances exist. If a continuance is granted, the
hearing on the merits must be completed within sixty-five days
following receipt of the removal petition. The court may continue the
hearing on the merits beyond sixty-five days without returning the
child to the home only if the court issues a written order with findings
of fact supporting a determination that the following conditions are
satisfied, regardless of whether the parties have agreed to a
continuance:
(1) The court finds that the child should remain in the custody
of the department because there is probable cause to believe that
returning the child to the home would seriously endanger the child's
physical safety or emotional well-being;
(2) The court schedules the case for trial on a date and time
certain which is not more than thirty days after the date the hearing
was scheduled to be held; and
(3) The court finds that exceptional circumstances support the
continuance.
The court may continue the case past the date and time certain set
forth in subsection (M) only if the court issues a new order as
required in subsection (M).
The court may continue the case because a witness is unavailable
only if the court enters a finding of fact that the court cannot decide
the case without the testimony of the witness. The court shall
consider and rule on whether the hearing can begin and then recess
to have the witness' testimony taken at a later date or by deposition.
The court shall rule on whether the party offering the witness has
exercised due diligence to secure the presence of the witness or to
preserve the witness' testimony.
This subsection does not prevent the court from conducting a
pendente lite hearing on motion of any party and issuing an order
granting other appropriate relief pending a hearing on the merits.
If the child is returned to the home pending the merits hearing, the
court may impose such terms and conditions as it determines
appropriate to protect the child from harm, including measures to
protect the child as a witness.
When a continuance is granted pursuant to this subsection, the
family court shall ensure that the hearing is rescheduled within the
time limits provided herein and give the hearing priority over other
matters pending before the court except a probable cause hearing held
pursuant to this subsection.
(N) An order issued as a result of the probable cause hearing held
pursuant to subsection (K) concerning a child of whom the
department has assumed legal custody shall contain a finding by the
court of whether reasonable efforts were made by the department to
prevent removal of the child and a finding of whether continuation of
the child in the home would be contrary to the welfare of the child.
The order shall state:
(1) the services made available to the family before the
department assumed legal custody of the child and how they related
to the needs of the family;
(2) the efforts of the department to provide services to the
family before assuming legal custody of the child;
(3) why the efforts to provide services did not eliminate the
need for the department to assume legal custody;
(4) whether a meeting was convened as provided in subsection
(D), the persons present, and the outcome of the meeting or, if no
meeting was held, the reason for not holding a meeting;
(5) what efforts were made to place the child with a relative
known to the child or in another familiar environment;
(6) whether the efforts to eliminate the need for the department
to assume legal custody were reasonable including, but not limited to,
whether services were reasonably available and timely, reasonably
adequate to address the needs of the family, reasonably adequate to
protect the child and realistic under the circumstances, and whether
efforts to place the child in a familiar environment were reasonable.
If the court finds that reasonable services would not have
allowed the child to remain safely in the home, the court shall find
that removal of the child without services or without further services
was reasonable."
SECTION 13. That portion of Section 20-7-618(A) of the 1976
Code preceding the enumerated text, as added by Act 450 of 1996, is
amended to read:
"A physician or hospital to which a child has been brought for
treatment may detain the child in emergency physical custody
for up to twenty-four hours without the consent of the person
responsible for the child's welfare if the physician or hospital:"
SECTION 14. Section 20-7-650(C) of the 1976 Code, as last
amended by Act 450 of 1996, is further amended by adding at the
end:
"This section does not require the department to investigate
reports of child abuse or neglect which resulted in the death of the
child unless there are other children residing in the home, or a
resident of the home is pregnant, or the subject of the report is the
parent, guardian, or person responsible for the welfare of another
child regardless of whether that child resides in the home."
SECTION 15. Section 20-7-650(R) of the 1976 Code, as last
amended by Act 132 of 1997, is further amended to read:
"(R) The department must cooperate with law enforcement
agencies within the area it serves and establish procedures necessary
to facilitate the referral of child protection cases to the department.
Where the facts indicating abuse or neglect also appear to indicate a
violation of criminal law, the department must notify the appropriate
law enforcement agency of those facts within twenty-four hours of
the department's finding for the purposes of police investigation. The
law enforcement agency must file a formal incident report at the time
it is notified by the department of the finding. When the intake report
is of alleged sexual abuse, the department must notify the appropriate
law enforcement agency within twenty-four hours of receipt of the
report to determine if a joint investigation is necessary. The law
enforcement agency must file a formal incident report at the time it
is notified of the alleged sexual abuse. In cases where the agency
retains custody of the minor children and physical placement of the
children is in the care of relatives, the agency must provide the same
services along with financial benefits provided to other licensed
foster care placement and facilities, provided the adults with whom
the child is placed meet all qualifications applicable to foster parents."
SECTION 16. Section 20-7-690(B) (6), (7), (13), and (14), (C), and
(D) of the 1976 Code, as last amended by Act 450 of 1996, are
further amended to read:
"(6) a child ten fourteen years of age or
older who is the subject of a report named in a report as
a victim of child abuse or neglect, except in regard to
information that the department may determine to be detrimental to
the emotional well-being of the child;
(7) the parents or guardians of a child who is the subject of
a report named in a report as a victim of child abuse or
neglect;
(13) authorities in other states conducting child abuse and neglect
proceedings or child custody proceedings investigations
or providing child welfare services;
(14) courts in other states conducting child abuse and neglect
investigations or providing child welfare services
proceedings or child custody proceedings;
(C) The department may limit the information disclosed to
individuals and entities named in subsection (B) (13), (14),
(15), (16), (17), (18), and (20) to that information necessary to
accomplish the purposes for which it is requested or for which it is
being disclosed. Nothing in this subsection gives to these entities or
persons the right to review or copy the complete case record.
(D) When a request for access to the record comes from an
individual identified in subsection (A)(B)(5), (6), or
(7) or that person's attorney, the department shall review any reports
from medical care providers and mental health care providers to
determine whether the report contains information that does not
pertain to the case decision, to the treatment needs of the family as a
whole, or to the care of the child. If the department determines that
these conditions exist, before releasing the document, the department
shall provide a written notice identifying the report to the requesting
party and to the person whose treatment or assessment was the
subject of the report. The notice may be mailed to the parties
involved or to their attorneys or it may be delivered in person. The
notice shall state that the department will release the report after ten
days from the date notice was mailed to all parties and that any party
objecting to release may apply to the court of competent jurisdiction
for relief. When a medical or mental health provider or agency
furnishes copies of reports or records to the department and
designates in writing that those reports or records are not to be further
disclosed, the department must not disclose those documents to
persons identified in subsection (A)(B)(5), (6), or (7)
or that person's attorney. The department shall identify to the
requesting party the records or reports withheld pursuant to this
subsection and shall advise the requesting party that he may contact
the medical or mental health provider or agency about release of the
records or reports."
SECTION 17. Section 20-7-690 of the 1976 Code, as last amended
by Act 450 of 1996, is further amended by adding an appropriately
lettered subsection to read:
"( ) The department may disclose to participants in a family
group conference relevant information concerning the child or family
or other relevant information to the extent that the department
determines that the disclosure is necessary to accomplish the purpose
of the family group conference. Participants in the family group
conference must be instructed to maintain the confidentiality of
information disclosed by the agency."
SECTION 18. Section 20-7-736(F) of the 1976 Code, as last
amended by Act 450 of 1996, is further amended to read:
"(F) A The court shall not order that a child
must not be removed from the custody of the parent or
guardian unless the court finds that the allegations of the petition are
supported by a preponderance of evidence including a finding that the
child is an abused or neglected child as defined in Section 20-7-490
and that retention of the child in or return of the child to the home
would place the child at unreasonable risk of harm affecting the
child's life, physical health or safety, or mental well-being and the
child cannot reasonably be protected from this harm without being
removed."
SECTION 19. That portion of Section 20-7-765(A) of the 1976
Code preceding the enumerated items, added by Act 450 of 1996, is
amended to read:
"When the conditions justifying removal pursuant to Section
20-7-736 include the addiction of the parent or abuse by the parent of
controlled substances, the court may require as part of the
treatment placement plan ordered pursuant to Section
20-7-764:"
SECTION 20. Section 20-7-766(G) and (H) of the 1976 Code, as
last amended by Act 450 of 1996, are further amended to read:
"(G) 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).
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 courts
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)(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)(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) 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, A supplemental
report must be attached to a motion filed pursuant to subsection (A).
The supplemental report, and notice of the hearing must
be served upon all named parties at least forty ten
days before the hearing."
SECTION 21. Section 20-7-766 of the 1976 Code, as last
amended by Act 450 of 1996, is further amended by adding an
appropriately numbered subsection to read:
"( ) The pendency of an appeal concerning a child in foster
care does not deprive the court of jurisdiction to hear a case pursuant
to this section. The court shall retain jurisdiction to review the status
of the child and may act on matters not affected by the appeal."
SECTION 22. The 1976 Code is amended by adding:
"Section 20-7-768. (A) Beginning on January 1, 1999, or
on the date of compliance with subsection (D), whichever is later, and
on the first day of each month thereafter, each county clerk of court
must make a report to Court Administration concerning each child
protection case pending in family court in which a permanency
planning order has not been filed. The report must include the case
caption, the filing date, and, if applicable, the date of the permanency
planning hearing and the permanency planning order. The clerk is
not required to make a report concerning a case after a permanency
planning order has been filed in the case.
(B) Court Administration must provide the Administrative Judge
of the family court of each circuit with the information reported
concerning cases pending in the circuit.
(C) On August fifteenth of each year, the Director of Court
Administration must file with the Chief Justice of the South Carolina
Supreme Court, with copies to the Department of Social Services and
the Governor, a written report summarizing the information reported
by the clerks of court pursuant to this section. The report shall
contain, at a minimum, the following information summarized by
county, by circuit, and by state:
(1) The number of new cases brought by the department during
the preceding twelve months; and
(2) The number of cases filed more than twelve months in
which a permanency planning order has not been filed.
The annual report must contain an analysis of the progress of these
cases through the family court, identify impediments to complying
with statutory mandates, and make recommendations for improving
compliance.
(D) No later than January 1, 1999, Court Administration must
institute the use of a separate code to identify child protection cases
in its data systems. However, if the Chief Justice, upon
recommendation of Court Administration, determines that there is a
compelling reason why it is not feasible to institute the use of a
separate code by January 1, 1999, compliance with this subsection
may be deferred for up to twelve months, as necessary, for making
adjustments in the data systems. The date of compliance and the
compelling reason for any delay beyond January 1, 1999, shall be
included in the report required by subsection (E).
(E) Court Administration shall conduct a study of the feasibility of
collecting additional data necessary to monitor and ensure
compliance with statutory time frames for conducting hearings in
DSS cases, and no later than July 1, 1999, shall submit a report to the
Chief Justice, with copies to the Department of Social Services and
the Governor, containing recommendations for instituting the
necessary data collection system."
SECTION 23. The second item of Section 20-7-1572 of the 1976
Code, as last amended by Act 22 of 1997, is further amended to read:
"(2) The child has been removed from the parent pursuant
to Section 20-7-610 or Section 20-7-736, has been out of the
home for a period of six months following the adoption of a
placement plan by court order or by agreement between the
department and the parent, and the parent has not remedied the
conditions which caused the removal;"
SECTION 24. The 1976 Code is amended by adding:
"Section 20-7-1635. (A) When the Department of Social
Services has custody of a child and places that child with a relative
who is licensed to provide foster care, the agency must provide the
same services and financial benefits as provided to other licensed
foster homes. Children placed pursuant to this section are subject to
the permanency planning requirements in Section 20-7-766.
(B) If the department has determined that it is in the best interest
of a child requiring foster care that the child be placed with a relative,
and the relative is not licensed to provide foster care, or if a relative
advises the department that the relative is interested in providing
placement for a child requiring foster care, the department shall
inform the relative of the procedures for obtaining licensure and the
benefits of licensure. The department also shall provide information
and reasonable assistance to a relative seeking a foster care license to
the same extent that it provides this information and assistance to
other persons contacting the department about foster care
licensing."
SECTION 25. Section 20-7-1640(A) of the 1976 Code as last
amended by Act 164 of 1993, is further amended to read:
"(A) A person applying for licensure as a foster parent and
a person eighteen years of age or older, residing in a home in which
a person has applied to be licensed as a foster parent, must undergo
a state fingerprint review to be conducted by the State Law
Enforcement Division to determine any state criminal history and a
fingerprinting review to be conducted by the Federal Bureau of
Investigation to determine any other criminal history. No person
may be licensed as a foster parent until these fingerprint review have
been conducted and the results submitted to the Department of Social
Service. The Department of Social Services may issue a
temporary license to a person after the favorable completion of the
State Law Enforcement Division fingerprint review if each person
subject to the fingerprinting requirements affirms in writing on a
form provided by the department that he or she has not been
convicted of any crime provided for in Section 20-7-1642. The
temporary license shall be valid until such time as the Federal Bureau
of Investigation results are received by the department, and a
permanent license is issued or denied, unless the department
terminates the temporary license earlier."
SECTION 26. Section 20-7-2376(A) of the 1976 Code, as last
amended by Act 39 of 1987, is further amended to read:
"(A) To review every six months but no less frequently than
once every six months the cases of children who have resided in
public foster care for a period of more than four consecutive months
and to review every six months the cases of children who have
resided in private foster care for a period of more than six
consecutive months to determine what efforts have been made by the
supervising agency or child caring facility to acquire a permanent
home for the child. Following review of a case pursuant to this
section, the local foster care review board shall submit a written
report and recommendations to the court concerning the case. In
order for the report and recommendations of the foster care review
board to be easily identifiable and accessible by the judge, the report
and recommendations must be visually distinct from other documents
in the case file in their coloring or other prominent aspect. A
child's return home for temporary placements, trial placements, visits,
holidays, weekend visits, or changes from one foster care placement
to another must not be construed to mean a break or lapse in
determination of a consecutive four-month period for children in
public foster care or six-month period for children in private foster
care;"
SECTION 27. Section 59-63-31 of the 1976 Code, as added by Act
163 of 1991, is amended to read:
"Section 59-63-31. (A) Children within the ages
prescribed in Section 59-63-20 also are entitled to attend the public
schools of a school district, without charge, if:
(1) the child resides with one of the following who is a resident
of the school district:
(a) a person who is not the child's parent or legal guardian to
whom the child's custody has been awarded by a court of competent
jurisdiction;
(b) a foster parent or in a residential community-based care
facility licensed by the Department of Social Services or operated by
the Department of Social Services or the Department of Youth
Services Juvenile Justice; or
(c) the child resides with an adult resident of the school
district as a result of:
(i) the death, serious illness, or incarceration of a parent or
legal guardian;
(ii) the relinquishment by a parent or legal guardian of the
complete control of the child as evidenced by the failure to provide
substantial financial support and parental guidance;
(iii) abuse or neglect by a parent or legal guardian;
(iv) the physical or mental condition of a parent or legal
guardian is such that he or she cannot provide adequate care and
supervision of the child; or
(v) a parent's or legal guardian's homelessness, as that term
is defined by Public Law 100-77;
(2) the child is emancipated and resides in the school district; or
(3) the child is homeless or is a child of a homeless individual,
as defined in Public Law 100-77, as amended.
In addition to the above requirements of this section
subsection, the child shall also satisfy the requirements of
Section 59-63-30(d) and (e).
(B) A child between five and twenty-one years of age is
entitled to continue attending a particular public school or a successor
school in the same school district without charge if:
(1) the child has been attending the school or a predecessor
school in the same district prior to being taken into custody by the
Department of Social Services or prior to being moved from one
placement to another by the department;
(2) the Department of Social Services places the child outside
the school district or school attendance zone in a foster home or
residential community-based facility licensed or operated by the
department; and
(3) the Department of Social Services has determined that it is
in the child's best interests for the child to continue attending the
school, and that transportation for the child to and from the school is
reasonably available.
In addition to the requirements of this subsection, the child also
shall satisfy the requirements of Section 59-63-30(d) and
(e)."
SECTION 28. Section 1(C) of Joint Resolution 157 of 1997 is
amended by adding at the end:
"Notwithstanding any other provision of law, the evaluation
provided for in this subsection is the only evaluation or performance
audit of the child protective services system that is required to be
conducted by the department in counties participating in the pilot
project.
The department must take all reasonable steps to ensure that data
collection and reporting requirements and practices of the department
do not interfere with the implementation or evaluation of the pilot
project, or the achievement of the objectives of the pilot project.
Variations in or waivers from statewide data collection and reporting
requirements shall be among the reasonable steps used by the
department. Achievement of the objectives of the pilot project
requires that human resources available for serving the department's
client population be maximized. To this end, data collection,
reporting, and paperwork requirements on local staff shall be reduced
to the extent consistent with state and federal requirements and the
reasonable needs of the agency for data and documentation."
SECTION 29. Section 3(A) of Joint Resolution 157 of 1997 is
amended to read:
"(A) In cases determined to be appropriate for an assessment
track, the department must within twenty-four hours after acceptance
of the report commence an assessment to determine whether or not
the child is an abused or neglected child as defined in Section
20-7-490 of the 1976 Code and, if so, to identify and facilitate the
provision of services to minimize the threat of future abuse and
neglect. This determination must be made within thirty days after
the assessment is commenced forty-five days after
acceptance of the report. If the department determines that
children in the home have not been abused or neglected, the case
must be closed. When closing a case, the department may refer the
family to appropriate service providers or provide written information
to the family concerning problems identified in the assessment. An
assessment does not require an indication of abuse or neglect by the
department or placement of the alleged perpetrator on the Central
Registry of Child Abuse and Neglect."
SECTION 30. This act takes effect upon approval by the Governor.
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