S*0181(Rat #0215, Act #0219 of 2000)  General Bill, By Washington and Elliott
 A BILL TO AMEND SUBARTICLE 1, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH
 CAROLINA, 1976, RELATING TO DOMESTIC RELATIONS, BY ADDING SECTION 20-7-2275 SO
 AS TO ESTABLISH A KINSHIP FOSTER CARE PROGRAM IN THE DEPARTMENT OF SOCIAL
 SERVICE TO ENCOURAGE THE PLACEMENT OF CHILDREN REMOVED FROM THEIR HOMES INTO
 THE HOMES OF RELATIVES FOR KINSHIP FOSTER CARE INCLUDING REQUIRING THE
 DEPARTMENT TO ATTEMPT TO IDENTIFY A FAMILY MEMBER WITH WHOM A FOSTER CHILD MAY
 BE PLACED, AND ESTABLISHING PROCEDURES AND ELIGIBILITY REQUIREMENTS FOR
 LICENSURE AS A KINSHIP FOSTER PARENT; AND TO AMEND SECTION 20-7-1640, AS
 AMENDED, RELATING TO FINGERPRINTING OF FOSTER PARENTS, SO AS TO AUTHORIZE THE
 DEPARTMENT TO ISSUE A TEMPORARY LICENSE BEFORE THE FEDERAL BUREAU OF
 INVESTIGATION RESULTS ARE RECEIVED IF CERTAIN OTHER REPORTING REQUIREMENTS ARE
 MET.-AMENDED TITLE

   12/16/98  Senate Prefiled
   12/16/98  Senate Referred to Committee on Judiciary
   01/12/99  Senate Introduced and read first time SJ-70
   01/12/99  Senate Referred to Committee on Judiciary SJ-70
   02/24/99  Senate Committee report: Favorable with amendment
                     Judiciary SJ-8
   03/03/99  Senate Amended SJ-29
   03/03/99  Senate Read second time SJ-29
   03/03/99  Senate Ordered to third reading with notice of
                     amendments SJ-29
   03/04/99  Senate Read third time and sent to House SJ-22
   03/09/99  House  Introduced and read first time HJ-17
   03/09/99  House  Referred to Committee on Judiciary HJ-17
   05/26/99  House  Committee report: Favorable Judiciary HJ-11
   06/01/99  House  Requests for debate-Rep(s). Witherspoon,
                     Hamilton, Loftis, Davenport, Neilson, F. Smith,
                     Hinson, Bales, Littlejohn, McMahand and Riser HJ-34
   06/02/99  House  Requests for debate removed-Rep(s). McMahand, F.
                     Smith and Davenport
   06/03/99  House  Requests for debate removed-Rep(s). Riser,
                     Hinson, Hamilton, Loftis and Neilson HJ-27
   06/03/99  House  Debate adjourned HJ-27
   06/03/99  House  Debate adjourned until Tuesday, June 8, 1999 HJ-82
   06/30/99  House  Debate adjourned HJ-10
   01/12/00  House  Read second time HJ-25
   01/13/00  House  Read third time and enrolled HJ-18
   02/23/00         Ratified R 215
   02/25/00         Signed By Governor
   02/25/00         Effective date 02/25/00
   03/13/00         Copies available
   05/02/00         Act No. 219

AN ACT TO AMEND SUBARTICLE 1, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC RELATIONS, BY ADDING SECTION 20-7-2275 SO AS TO ESTABLISH A KINSHIP FOSTER CARE PROGRAM IN THE DEPARTMENT OF SOCIAL SERVICES TO ENCOURAGE THE PLACEMENT OF CHILDREN REMOVED FROM THEIR HOMES INTO THE HOMES OF RELATIVES FOR KINSHIP FOSTER CARE INCLUDING REQUIRING THE DEPARTMENT TO ATTEMPT TO IDENTIFY A FAMILY MEMBER WITH WHOM A FOSTER CHILD MAY BE PLACED, AND ESTABLISHING PROCEDURES AND ELIGIBILITY REQUIREMENTS FOR LICENSURE AS A KINSHIP FOSTER PARENT; AND TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINTING OF FOSTER PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A TEMPORARY LICENSE BEFORE THE FEDERAL BUREAU OF INVESTIGATION RESULTS ARE RECEIVED IF CERTAIN OTHER REPORTING REQUIREMENTS ARE MET.

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

Kinship Foster Care Program established

SECTION 1. Subarticle 1, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-2275. (A) As used in this section, unless the context otherwise requires:

(1) 'Department' means the Department of Social Services; and

(2) 'Foster parent' means any person with whom a child in the care, custody, or guardianship of the department is placed for temporary or long-term care.

(B) There is established a 'Kinship Foster Care Program' in the State Department of Social Services.

(C) When a child has been removed from his home and is in the care, custody, or guardianship of the department, the department shall attempt to identify a relative who would be appropriate for placement of the child in accordance with the preliminary investigation requirements of Section 20-7-610 and in accordance with Section 20-7-764(B)(6). If the department determines that it is in the best interest of a child requiring out-of-home placement that the child be placed with a relative for foster care, or if a relative advises the department that the relative is interested in providing placement for a child requiring foster care, and the relative is not already licensed to provide foster care, the department shall inform the relative of the procedures for being licensed as a kinship foster parent, assist the foster parent with the licensing process, and inform the relative of availability of payments and other services to kinship foster parents. If the relative is licensed by the department to provide kinship foster care services, in accordance with rules and regulations adopted by the department regarding kinship foster care, and a placement with the relative is made, the relative may receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in services.

(D) The department shall establish, in accordance with this section and the rules and regulations promulgated hereunder, eligibility standards for becoming a kinship foster parent.

(1) Relatives within the first, second, or third degree to the parent or stepparent of a child who may be related through blood, marriage, or adoption may be eligible for licensing as a kinship foster parent.

(2) The kinship foster parent must be twenty-one years of age or older, except that if the spouse or partner of the relative is twenty-one years of age or older and living in the home, and the relative is between eighteen and twenty-one years of age, the department may waive the age requirement.

(3)(a) A person may become a kinship foster parent only upon the completion of a full kinship foster care licensing study performed in accordance with rules and regulations promulgated pursuant to this section. Residents of the household who are age eighteen years of age or older must undergo the state and federal fingerprint review procedures as provided for in Section 20-7-1640. The department shall apply the screening criteria in Section 20-7-1642 to the results of the fingerprint reviews and the licensing study.

(b) The department shall maintain the confidentiality of the results of fingerprint reviews as provided for in state and federal regulations.

(4) The department shall determine, after a thorough review of information obtained in the kinship foster care licensing process, whether the person is able to care effectively for the foster child.

(E)(1) The department shall involve the kinship foster parents in development of the child's permanent plan pursuant to Section 20-7-766 and other plans for services to the child and the kinship foster home. The department shall give notice of proceedings and information to the kinship foster parent as provided for elsewhere in this article for other foster parents. If planning for the child includes the use of child daycare, the department shall pay for child care arrangements, according to established criteria for payment of these services for foster children. If the permanent plan for the child involves requesting the court to grant custody or guardianship of the child to the kinship foster parent, the department must ensure that it has informed the kinship foster parent about adoption, including services and financial benefits that might be available.

(2) The kinship foster parent shall cooperate with any activities specified in the case plan for the foster child, such as counseling, therapy or court sessions, or visits with the foster child's parents or other family members. Kinship foster parents and placements made in kinship foster care homes are subject to the requirements of Section 20-7-767."

Foster parent fingerprinting requirements; temporary licenses

SECTION 2. Section 20-7-1640(A) of the 1976 Code, as last amended by Act 104 of 1999, 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. 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."

Severability provisions

SECTION 3. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 23rd day of February, 2000.

Approved the 25th day of February, 2000.