South Carolina General Assembly
111th Session, 1995-1996

Bill 922

                    Current Status

Bill Number:                    922
Ratification Number:            302
Act Number:                     277
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19960109
Primary Sponsor:                Wilson 
All Sponsors:                   Wilson 
Drafted Document Number:        BBM\10404AC.96
Date Bill Passed both Bodies:   19960418
Governor's Action:              S
Date of Governor's Action:      19960506
Subject:                        Foster care review boards,
                                local
History



Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960515  Act No. A277
------  19960506  Signed by Governor
------  19960430  Ratified R302
House   19960418  Read third time, enrolled for
                  ratification
House   19960417  Read second time
House   19960410  Committee report: Favorable              27 H3M
House   19960206  Introduced, read first time,             27 H3M
                  referred to Committee
Senate  19960201  Read third time, sent to House
Senate  19960130  Read second time, notice of
                  general amendments
Senate  19960125  Committee report: Favorable              08 SG
Senate  19960109  Introduced, read first time,             08 SG
                  referred to Committee
Senate  19951010  Prefiled, referred to Committee          08 SG
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A277, R302, S922)

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.