Current Status Bill Number:935 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980120 Primary Sponsor:Courtney All Sponsors:Courtney Drafted Document Number:psd\7123ac.98 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Foster care, Social Services Department duties with foster home visits and foster family interviews; Minors
Body Date Action Description Com Leg Involved
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Senate 19980120 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS TO FOSTER HOMES AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO DELETE THE PROVISION REQUIRING STATE EMPLOYEES TO REPORT VIOLATIONS OF THIS SECTION; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION AND TO STATE THE DUTIES OF FOSTER PARENTS TO COMPLY WITH THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-767 of the 1976 Code, as added by Act 22 of 1997, is amended to read:
"Section 20-7-767. (A) To protect and nurture children in foster care, the Department of Social Services and its employees shall:
(1) adhere strictly to the prescribed number of personal contacts, pursuant to Section 20-7-764(B)(3) These contacts must be personal, face to face visits between the caseworker or member of the casework team and the foster child. These visits may be conducted in the foster home and in the presence of other persons who reside in the foster home, however, if the caseworker suspects that the child has been abused or neglected during the placement with the foster parent, the caseworker must observe and interview the child outside the presence of other persons who reside in the foster home;
(2) conduct contacts under item (1) as personal, face-to-face visits between the caseworker, the foster child, the foster parents, and any other adults living in the foster home. During the prescribed contact, the caseworker must interview or observe the child in order to determine if the child should be interviewed outside the presence of other adults and other minors who reside in the home in order to assess the health and safety of the child. If the caseworker suspects abuse or neglect, the caseworker must interview and observe the child outside the presence of other adults and other minors who reside in the home ensure that a caseworker conducts an interview of the foster parent, either in person or by telephone, at least once each month. Once each quarter an interview must be conducted by a personal, face to face visit between the caseworker or member of the casework team and the foster parent at the foster home;
(3) ensure that a caseworker conducts a personal, face to face interview at least once each quarter of each adult who resides in a foster home as defined in Section 20-7-30(8). The foster parent must notify the department in writing if a new adult moves into the home, and the caseworker must conduct a personal, face to face interview with the adult within one month after receiving notice. The interviews of foster parents pursuant to item (2) and of other adults residing in the home pursuant to this item may be conducted together or separately, at the discretion of the department.
(3)(4) provide to the foster child, if age appropriate, a printed card containing a telephone number the child may use to contact a designated unit or individual within the Department of Social Services and further provide an explanation to the child that the number is to be used if problems occur which the child believes his or her caseworker cannot or will not resolve;
(4)(5) strongly encourage by letter of invitation, provided at least three weeks in advance, the attendance of foster parents to all Foster Care Review Board proceedings held for children in their care. If the foster parents are unable to attend the proceedings, they must submit a progress report to the Office of the Governor, Division of Foster Care Review, at least three days prior to the proceeding. Failure of the foster parents to attend the Foster Care Review Board proceeding or failure to submit a progress report to the Division of Foster Care Review, does not require the board to delay the proceeding. The letter of invitation and the progress report form must be supplied by the agency; and
(5)(6) be placed under the full authority of sanctions and enforcement by the family court pursuant to Section 20-7-420(30) and Section 20-7-420(36) for failure to adhere to the requirements of this subsection.
(B) If the department places a child in foster care in a county that does not have jurisdiction of the case, the department may designate a caseworker in the county of placement to make the visits required by subsection (A).
(B)(C) In fulfilling the requirements of subsection (A), the Department of Social Services shall reasonably perform its tasks in a manner which is least intrusive and disruptive to the lives of the foster children and their foster families.
(C)(D) The Department of Social Services, in executing its duties under subsection (A)(3)(4), must provide a toll free telephone number which must operate twenty-four hours a day.
(D) Any public employee in this State who has actual knowledge that a person has violated any of the provisions of subsection (A) must report those violations to the state office of the Department of Social Services; however, the Governor's Division of Foster Care Review must report violations of subsection (A)(4) in their regular submissions of advisory decisions and recommendations which are submitted to the family court and the department. Any employee who knowingly fails to report a violation of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(E) It is the responsibility of supervisory personnel in the department, including the director, to take reasonable steps to ensure compliance with the requirements of this section. Failure to do so is enforceable through the contempt power of the family court on motion of any interested party or on the court's own motion.
(F) Foster parents have a duty to make themselves reasonably available for the interviews required by subsection (A)(2) and to take reasonable steps to facilitate caseworkers' interviews with other adults who reside in the home as required by subsection (A)(3). Failure to comply with either the duties in this subsection or those in subsection (A)(3) constitutes grounds for revocation of a foster parent's license or other form of approval to provide care to children in the custody of the department. Revocation would depend on the number of instances of noncompliance, the foster parents' wilfulness in noncompliance, or other circumstances indicating that noncompliance by the foster parents significantly and unreasonably interferes with the department's ability to carry out its protective functions under this section.
(E)(G) To further this state's long-term goals and objectives on behalf of children in foster care, the Department of Social Services shall give to the General Assembly by January 15, 1999, a report of the status of the foster care system which includes improvements the department has made to ensure the safety and quality of life of South Carolina's foster children. This report must include:
(1) specific standards for the training of foster parents, including the type of training which is provided;
(2) standards which address emergency situations affecting the maximum number of children placed in each foster home;
(3) standards which provide for the periodic determination of the medical condition of a child during his stay in foster care; and
(4) methods the department has developed to encourage the receipt of information on the needs of children in foster care from persons who have been recently emancipated from the foster care system."
SECTION 2. This act takes effect upon approval by the Governor.