H*2583 Session 105 (1983-1984)
H*2583(Rat #0193, Act #0111 of 1983) General Bill, By P. Evatt, D.M. Beasley and
Wilkins
Similar(S 265)
A Bill to amend Subarticle 1 of Article 9 of Chapter 7 of Title 20, Code of
Laws of South Carolina, 1976, relating to the South Carolina Children's Code,
by adding Sections 20-7-762, 20-7-764, and 20-7-766, so as to provide for a
treatment plan to be prepared by the Child Protective Services Agency and
approved by the Family Court upon a finding that the child shall remain in the
home, for a treatment plan to be prepared by a public or private agency and
approved by the Family Court upon a finding that the child must be removed
from the custody of the parent or guardian, for judicial review by the Family
Court of the status of a child removed from his home upon a petition brought
by the Protective Services Agency within twelve months following the child's
initial removal and every twelve months thereafter, and for the Family Court
to schedule a review hearing upon its own motion or upon the motion of any
party in interest at any time prior to the twelve months; and to amend Section
20-7-420, as amended, relating to jurisdiction of the Family Court in domestic
matters, so as to provide that the Court shall have jurisdiction to order
custody with all rights of guardianship.-amended title
02/24/83 House Introduced and read first time HJ-1174
02/24/83 House Referred to Committee on Judiciary HJ-1175
03/30/83 House Committee report: Favorable Judiciary HJ-1730
04/05/83 House Read second time HJ-1865
04/06/83 House Read third time and sent to Senate HJ-1903
04/06/83 Senate Introduced and read first time SJ-929
04/06/83 Senate Referred to Committee on Medical Affairs SJ-930
04/27/83 Senate Committee report: Favorable with amendment
Medical Affairs SJ-1130
04/28/83 Senate Amended SJ-1178
04/28/83 Senate Read second time SJ-1178
05/03/83 Senate Read third time SJ-1192
05/03/83 Senate Returned SJ-1192
06/01/83 House Concurred in Senate amendment and enrolled HJ-3384
06/08/83 Ratified R 193
06/13/83 Signed By Governor
06/13/83 Effective date 06/13/83
06/13/83 Act No. 111
06/21/83 Copies available
(A111, R193, H2583)
AN ACT TO AMEND SUBARTICLE 1 OF ARTICLE 9 OF CHAPTER 7 OF TITLE 20, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CHILDREN'S CODE, BY
ADDING SECTIONS 20-7-762, 20-7-764, AND 20-7-766, SO AS TO PROVIDE FOR A
TREATMENT PLAN TO BE PREPARED BY THE CHILD PROTECTIVE SERVICES AGENCY AND
APPROVED BY THE FAMILY COURT UPON A FINDING THAT THE CHILD SHALL REMAIN IN THE
HOME, FOR A TREATMENT PLAN TO BE PREPARED BY A PUBLIC OR PRIVATE AGENCY AND
APPROVED BY THE FAMILY COURT UPON A FINDING THAT THE CHILD MUST BE REMOVED FROM
THE CUSTODY OF THE PARENT OR GUARDIAN, FOR JUDICIAL REVIEW BY THE FAMILY COURT
OF THE STATUS OF A CHILD REMOVED FROM HIS HOME UPON A PETITION BROUGHT BY THE
PROTECTIVE SERVICES AGENCY WITHIN TWELVE MONTHS FOLLOWING THE CHILD'S INITIAL
REMOVAL AND EVERY TWELVE MONTHS THEREAFTER, AND FOR THE FAMILY COURT TO SCHEDULE
A REVIEW HEARING UPON ITS OWN MOTION OR UPON THE MOTION OF ANY PARTY IN INTEREST
AT ANY TIME PRIOR TO THE TWELVE MONTHS; AND TO AMEND SECTION 20-7-420, AS
AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS
TO PROVIDE THAT THE COURT SHALL HAVE JURISDICTION TO ORDER CUSTODY WITH ALL
RIGHTS OF GUARDIANSHIP.
Be it enacted by the General Assembly of the State of South Carolina:
Court to review and approve plan
SECTION 1. Subarticle 1 of Article 9 of Chapter 7 of Title 20 of the 1976 Code
is amended by adding:
"Section 20-7-762. At the close of a hearing pursuant to Section
20-7-650(H) or Section 20-7-736 and upon a finding that the child shall remain
in the home and that protective services shall continue, the Family Court shall
review and approve a treatment plan designed to alleviate any danger to the child
and to aid the parents so that the child will not be endangered in the future.
The plan must be prepared by the child protective services agency and shall
detail any changes in parental behavior or home conditions that must be made and
any services which will be provided to the family to ensure, to the greatest
extent possible, that the child will not be endangered. Whenever possible, the
plan must be prepared with the participation of the parents, the child, and any
other agency or individual that will be required to provide services. The plan
must be submitted to the court at the hearing. If any changes in the plan are
ordered, the agency shall submit a revised plan to the court within two weeks of
the hearing, with copies to the parties and legal counsel. Any dispute regarding
the plan must be resolved by the court. The terms of the plan must be included
as part of the court order.
Unless services are to terminate earlier, the agency shall schedule a review
hearing before the court at least once every twelve months to establish whether
the conditions which required the initial intervention exist. If the conditions
no longer exist, the court shall order termination of protective services, and
the court's jurisdiction shall end.
If the court finds that the conditions which required the initial
intervention are still present, it shall establish:
(1) What services have been offered to or provided
to the parents;
(2) Whether the parents are satisfied with the
delivery of services;
(3) Whether the agency is satisfied with the
cooperation given to it by the parents; and
(4) Whether additional services should be ordered
and when termination of supervision by the agency
can be expected.
Court jurisdiction shall terminate automatically eighteen months after the
initial intervention, unless, pursuant to a hearing on motion by any party, the
court finds that there is clear and convincing evidence that the child is
threatened with harm absent a continuation of services.
Section 20-7-764. At the close of a removal hearing pursuant to Section 20-7-736
and upon a finding that the child must be removed from the custody of the parent
or guardian to the custody of a public or private agency, the Family Court shall
review that agency's proposal and approve a plan for the placement of the child.
The agency shall provide the court with a specific plan as to where the child
will be placed, what steps will be taken to return the child home, and what
action the agency will take to maintain ties between the parent and child.
Whenever possible, the plan must be prepared with the participation of the
parents, the child, and any other agency or individual that will be required to
provide services. The plan must be submitted to the court at the hearing. If
any changes in the plan are ordered, the agency shall submit a revised plan to
the court within two weeks of the hearing, with copies to the parties and legal
counsel. The plan shall:
(1) Specify what obstacles exist to the return of the
child, what services the parents will receive, and what actions they
must take in order to enable them to resume custody;
(2) Provide for the greatest degree of contact between
parent and child possible, including regular visitation and
participation by the parents in the care of the child while the
child is in placement. However, the court may limit visitation or
other forms of contact which would be seriously detrimental to the
child;
(3) Provide the child's placement as close to home as
possible, unless the court finds that 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
the child's relatives; and
(4) Provide for all reasonable services which are
appropriate and available within the agency or within the community.
Any dispute regarding the plan must be resolved by the court. The terms of the
plan must be included as part of the court order.
Section 20-7-766. The status of a child removed from his home pursuant to
Section 20-7-736 must be reviewed by the Family Court upon a petition brought by
the protective services agency within twelve months following the child's initial
removal and every twelve months thereafter. The petition must be filed with the
court and served upon all parties at least seven days prior to the review
hearing.
The court may also schedule a review hearing upon its own motion or upon the
motion of any party in interest, at any time prior to the twelve months. A party
in interest includes but is not limited to the child, the child's legal counsel
and guardian ad litem, the natural parent, the individual or agency with legal
custody of the child, the foster parent, or the local advisory board for review
of foster care.
When the review is initiated by the protective services agency, the agency
shall attach a supplemental report to the petition which contains at least the
following information:
(1) A listing of the services that have been offered
to the parents and the child and an assessment of the progress that has been made
in the treatment plan;
(2) A determination as to whether the child's current
placement is appropriate;
(3) A listing of what obstacles remain which prevent
the return of the child home and what services are recommended to remove those
obstacles;
(4) The recommended disposition and a suggested time-
table for attaining permanency; and
(5) Any reports of the local advisory board for review
of foster care which pertain to the child.
The supplemental report, reports from the agency to the local advisory board
for review of foster care, and reports compiled for internal agency reviews may
be made on the same form. The agency may request a review based upon the
pleadings by submitting to the court affidavits from the natural parents, the
child's legal counsel and guardian ad litem, the individual or agency with legal
custody of the child if different from the petitioning agency, the foster
parents, and the local advisory board for review of foster care showing that all
are in agreement as to the recommended disposition. Upon conducting a review,
the court may issue an order consistent with the pleadings and affidavits or may
order all parties to appear for a full hearing.
The court may order the return of the child to his home unless it finds by
a preponderance of the evidence that the return would threaten the child with
harm as defined in Section 20-7-490(D). If the child is returned home, the court
may order agency supervision for a period not to exceed twelve months, at which
time there must be a court hearing on the need for continued intervention
pursuant to Section 20-7-762. If agency supervision is not ordered, the court's
jurisdiction shall end.
Where the child is not returned home, the court shall establish on the
record:
(1) What services have been provided to or offered to
the parents to facilitate reunion;
(2) Whether the parents are satisfied with the
services offered;
(3) The extent to which the parents have visited or
supported the child, and any reasons why visita-
tion or support has not occurred or has been infrequent;
(4) Whether the agency is satisfied with the coopera-
tion given it by the parents;
(5) Whether additional services are needed to enable
the child to return to the parents, and if so, the court may order the agency to
provide
additional services;
(6) Whether return of the child can be expected, and
if so, when;
(7) Whether the child is to remain in foster care for
a specified time;
(8) Whether proceedings should be initiated for
permanent guardianship, termination of parental rights, or adoption; or
(9) Whether the child should remain in foster care
on a long-term basis, and if so, the special circumstances that justify long-term
placement.
The court's jurisdiction shall end when an order of adoption or guardianship
has been granted."
Jurisdiction of Family Court
SECTION 2. Section 20-7-420 of the 1976 Code, as amended, is further amended by
adding the following item to be appropriately numbered which shall read:
"( ) To order custody with all rights of guardianship as described in
Section 21-21-50."
Time effective
SECTION 3. This act shall take effect upon approval by the Governor. |