S*0922(Rat #0302, Act #0277 of 1996)  General Bill, By Wilson
 A Bill to amend Section 20-7-2379, as amended, Code of Laws of South Carolina
 relating to the Division for Review of the Foster Care of Children, so as to
 revise the Division to make recommendations to the Governor rather than to the
 General Assembly and to delete obsolete provisions; and to amend Section
 20-7-2391, relating to petitions for relief from actions or recommendations of
 local foster care review boards, so as to delete the provision relating to
 procedures a child caring facility must comply with when the facility is not
 in agreement with a local board's recommendation for permanent placement at
 the facility.

   10/10/95  Senate Prefiled
   10/10/95  Senate Referred to Committee on General
   01/09/96  Senate Introduced and read first time SJ-61
   01/09/96  Senate Referred to Committee on General SJ-62
   01/25/96  Senate Committee report: Favorable General SJ-18
   01/30/96  Senate Read second time SJ-20
   01/30/96  Senate Ordered to third reading with notice of
                     amendments SJ-20
   02/01/96  Senate Read third time and sent to House SJ-8
   02/06/96  House  Introduced and read first time HJ-177
   02/06/96  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-178
   04/10/96  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-4
   04/17/96  House  Read second time HJ-22
   04/18/96  House  Read third time and enrolled HJ-19
   04/30/96         Ratified R 302
   05/06/96         Signed By Governor
   05/06/96         Effective date 05/06/96
   05/16/96         Copies available
   05/16/96         Act No. 277

AN ACT TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO REQUIRE THE DIVISION TO MAKE RECOMMENDATIONS TO THE GOVERNOR RATHER THAN TO THE GENERAL ASSEMBLY AND TO DELETE OBSOLETE PROVISIONS; AND TO AMEND SECTION 20-7-2391, RELATING TO PETITIONS FOR RELIEF FROM ACTIONS OR RECOMMENDATIONS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO DELETE THE PROVISION RELATING TO PROCEDURES A CHILD CARING FACILITY MUST COMPLY WITH WHEN THE FACILITY IS NOT IN AGREEMENT WITH A LOCAL BOARD'S RECOMMENDATION FOR PERMANENT PLACEMENT AT THE FACILITY.

Be it enacted by the General Assembly of the State of South Carolina:

Foster care recommendations

SECTION 1. Section 20-7-2379 of the 1976 Code, as last amended by Section 11, Part II, Act 497 of 1994, is further amended to read:

"Section 20-7-2379. (A) There is created, as part of the Office of the Governor, the Division for Review of the Foster Care of Children. The division must be supported by a board consisting of seven members, all of whom must be past or present members of local review boards. There must be one member from each congressional district and one member from the State at large, all appointed by the Governor with the advice and consent of the Senate.

(B) Terms of office for the members of the board are for four years and until their successors are appointed and qualify with terms to expire on June thirtieth of the appropriate year.

(C) The board shall elect from its members a chairman who shall serve for two years. Four members of the board constitute a quorum for the transaction of business. Members of the board shall receive per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees while engaged in the work of the board.

(D) The board shall meet at least quarterly and more frequently upon the call of the division director to review and coordinate the activities of the local review boards and make recommendations to the Governor with regard to foster care policies, procedures, and deficiencies of public and private agencies which arrange for foster care of children as determined by the review of cases provided for in items (A) and (B) of Section 20-7-2376. These recommendations must be submitted to the Governor at such times and in a format as the Governor prescribes.

(E) The board, upon recommendation of the division director, shall promulgate regulations to carry out the provisions of this subarticle. These regulations shall provide for and must be limited to procedures for: reviewing reports and other necessary information at state, county, and private agencies and facilities; scheduling of reviews and notification of interested parties; conducting local review board and board of directors' meetings; disseminating local review board recommendations, including reporting to the appropriate family court judges the status of judicially approved treatment plans; and developing policies for summary review of children privately placed in privately-owned facilities or group homes.

(F) The Governor may employ a division director to serve at the Governor's pleasure who may be paid an annual salary to be determined by the Governor. The director may be removed pursuant to the provisions of Section 1-3-240. The director shall employ staff as is necessary to carry out this subarticle, and the staff must be compensated in an amount and in a manner as may be determined by the Governor.

(G) This subarticle may not be construed to provide for subpoena authority."

Review of foster care

SECTION 2. Section 20-7-2391 of the 1976 Code is amended to read:

"Section 20-7-2391. A person or agency aggrieved by an action or recommendation of a local review board may seek relief by petition to the family court of that county which shall issue a rule to show cause why the action or recommendation of the local review board should not be set aside or modified."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 6th day of May, 1996.