Current Status Bill Number:79 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970114 Primary Sponsor:Hayes All Sponsors:Hayes Drafted Document Number:council\legis\bills\5264ac.97 Companion Bill Number: 3139 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Adoption assessments, parental rights, abandonment of child, foster care, minors, domestic relations
Body Date Action Description Com Leg Involved
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Senate 19970114 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 20-7-766, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO CONDUCT ADOPTION ASSESSMENTS AND CHILD-SPECIFIC RECRUITING FOR POTENTIAL ADOPTIVE FAMILIES AND TO REVISE VARIOUS DISPOSITION CRITERIA FOR CERTAIN CHILDREN IN FOSTER CARE; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATING PARENTAL RIGHTS, SO AS TO ADD ABANDONMENT OF A CHILD; AND TO AMEND SECTION 20-7-1574, AS AMENDED, RELATING TO COURT ORDERS TERMINATING PARENTAL RIGHTS, SO AS TO DECREASE THE TIME WITHIN WHICH AN AGENCY HAS TO DEVELOP AND SUBMIT A PLAN FOR PERMANENT PLACEMENT OF A CHILD WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-766(D) and (E) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(D) If the court determines at the permanency planning hearing that the child should not be returned to the child's parent, the court's order shall require the department to file a petition to terminate parental rights to the child not later than sixty days after receipt of the order, unless the department demonstrates to the court that initiating termination of parental rights is clearly not in the child's best interest because one or more of the conditions specified under subsection (E) exists requiring a different disposition. The department must exercise and document every reasonable effort to promote and expedite the adoptive placement and adoption of the child, including a thorough adoption assessment and child-specific recruitment. Adoptive placements must be diligently sought for the child and failure to do so solely because a child is classified as 'special needs' is expressly prohibited. No adoption may be delayed or denied solely on these special needs. If the department demonstrates to the court that terminating parental rights is clearly not in the child's best interests and one or both of the conditions specified under subsection (E) exists, a different disposition may be required. For purposes of this subsection:
(1) 'thorough adoption assessment' means conducting and documenting face-to-face interviews with the child, foster care providers, and other significant parties; and
(2) 'child specific recruitment' means recruiting an adoptive placement targeted to meet the individual needs of the specific child including, but not be limited to, use of the media, use of photo listings, and any other in-state or out-of-state resources which may be utilized to meet the specific needs of the child, unless there are extenuating circumstances that indicate that these efforts are not in the best interest of the child.
(E) If After assessing the viability of adoption, the department demonstrates under subsection (D) that termination of parental rights is clearly not in the child's best interest, and if the court determines that the:
(1) best interest of the child would be served, the court may order that custody or legal guardianship, or both, be placed with a suitable member of the child's extended family or a suitable nonrelative; however, a home study on the relative or nonrelative must be submitted to the court for consideration before placement. The court may order a specified period of supervision and services not to exceed twelve months;
(2) child has special needs or circumstances and that a permanent foster caregiver has been identified by the department, the court may order that the child be placed in permanent foster care with a specified caregiver. If the child is under ten fourteen years of age, the special needs or circumstances must be shown by clear and convincing evidence;
(3) best interests of the child would be served and that the child may be returned to the parents within a specified, reasonable time not to exceed six months and without an unreasonable risk of harm to the child as provided for in subsection (C), the court may order an extension of the plan approved pursuant to Section 20-7-764 or may order compliance with a modified plan;
(4) child has attained the age of sixteen, reasonable efforts to place the child adoptively have been exhausted, and the child is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care to provide services needed to assist the child to make the transition to independent living; or
(5) child has physical, mental, or psychological problems or special treatment needs and must remain in a specialized foster care setting or that the child is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care pending implementation of a permanent plan."
SECTION 2. Section 20-7-1572(5) and (6) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(5) The presumptive legal father is not the biological father of the child, and the welfare of the child can best be served by termination of the parental rights of the presumptive legal father; or
(6) The parent has a diagnosable condition unlikely to change within a reasonable time including, but not limited to, alcohol or drug addiction, mental deficiency, mental illness, or extreme physical incapacity, and the condition makes the parent unlikely to provide minimally acceptable care of the child. It is presumed that the parent's condition is unlikely to change within a reasonable time upon proof that the parent has been required by the department or the family court to participate in a treatment program for alcohol or drug addiction, and the parent has failed two or more times to complete the program successfully or has refused at two or more separate meetings with the department to participate in a treatment program.; or
(7) The child has been abandoned as defined in Section 20-7-490(21)."
SECTION 3. Section 20-7-1574(A) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(A) If the court finds that a ground for termination, as provided for in Section 20-7-1572, exists, the court may issue an order forever terminating parental rights to the child. Where the petitioner is an authorized agency, the court shall place the child in the custody of the petitioner or other child-placing agency for adoption and shall require the submission of a plan for permanent placement of the child within ninety thirty days after the close of the proceedings to the court and to the child's guardian ad litem. Within an additional ninety sixty days the agency shall submit a report to the court and to the guardian ad litem on the implementation of the plan. The court, on its own motion, may schedule a hearing to review the progress of the implementation of the plan."
SECTION 4. This act takes effect upon approval by the Governor.