A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-11-700, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN'S BOARD, SO AS TO CHANGE THE STANDARDS FOR SERVING ON THE BOARD AND THE PROCEDURE FOR TERMS OF OFFICE; TO AUTHORIZE THE DEPARTMENT OF CHILDREN'S ADVOCACY TO ESTABLISH CERTAIN STANDARDS FOR LOCAL REVIEW BOARDS; BY AMENDING SECTION 63-11-710, RELATING TO LOCAL BOARDS FOR REVIEW, SO AS TO GIVE THE DIRECTOR AUTHORIZATION TO APPOINT OR REMOVE A MEMBER OF A LOCAL BOARD; BY AMENDING SECTION 63-11-740, RELATING TO MEETINGS OF LOCAL BOARDS AND STAFFING, SO AS TO REQUIRE THE DEPARTMENT TO PROVIDE ASSISTANCE TO EACH LOCAL BOARD FOR MEETINGS; BY AMENDING SECTION 63-11-760, RELATING TO IMMUNITY FROM LIABILITY, SO AS TO CLARIFY THAT TRAINING WILL BE PROVIDED BY THE DEPARTMENT; AND BY AMENDING SECTION 63-11-770, RELATING TO COOPERATION OF PUBLIC AND PRIVATE AGENCIES, SO AS TO INCLUDE ALL PUBLIC AGENCIES PROVIDING SERVICES TO CHILDREN IN FOSTER CARE.

 

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

 

SECTION 1.  Section 63-11-700 of the S.C. Code is amended to read:

 

    Section 63-11-700. (A) There is created, within the Department of Children's Advocacy, the Division for Review of the Foster Care of Children Foster Care Review Division. 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, 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. Members may succeed themselves, but a member shall not serve on the board in a hold-over capacity at the conclusion of his term for more than one hundred eighty days. Appointments must be made by the Governor for terms of four years to expire on June thirtieth December thirty-first of the appropriate year. Vacancies on the board must be filled in the same manner as the initial appointment for the unexpired term.

    (C) The board shall elect from its members a chairman who shall serve for two years. Five 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 Director, the Governor, and the General Assembly 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 Section 63-11-720(A)(1) and (2). These recommendations must be submitted to the Governor and included in an the Department's annual report, filed with the General Assembly, of the activities of the state office and local review boards.

    (E) The Department of Children's Advocacy, upon recommendation of the division director, shall promulgate regulations to carry out the provisions of this article.  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;  participating and intervening in family court proceedings;  and developing policies for summary review of children privately placed in privately owned facilities or group homes; and the organization and administration of local review boards to include board jurisdiction, membership standards, and other necessary policies.

    (F) The Department of Children's Advocacy may employ a division director and staff as is necessary to carry out this article, and the funds for the division director, staff, and other purposes of this division must be provided for in the annual general appropriations act.

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

 

SECTION 2.  Section 63-11-710 of the S.C. Code is amended to read:

 

    Section 63-11-710. (A) There are created sixteen The Department shall create local boards for review of cases of children receiving foster care, pursuant to Section 63-11-700(E). Members of local boards will be appointed by the Director upon the recommendation of their county legislative delegation. one in each judicial circuit, composed of five members appointed by the Governor upon recommendation of the legislative delegation of each county within the circuit for terms of four years and until their successors are appointed and qualify. If the county legislative delegations within a judicial circuit have not recommended to the Governor a person to fill a review board vacancy within ninety days after being notified by certified mail that the vacancy exists, then the local review boards in the judicial circuit may recommend to the Governor someone to fill the vacancy. All local board members must be residents of the judicial circuit which they represent, except where a current or former member is substituting for an absent member. Local boards shall elect their chairman.

    (B) A member of a local board who is guilty of malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity must be subject to removal by the Director upon any of the foregoing causes being made to appear to the satisfaction of the Director. Before removing any such member, the Director shall inform him in writing of the specific grounds for removal brought against him and give him an opportunity on reasonable notice to be heard. The state board may recommend to the Director that a member of a local board be removed pursuant to this section.

    (B) If the board of directors determines that additional local review boards are necessary in a judicial circuit because of an excessively large case load for review or if the local board is no longer necessary because of a reduced case load, the board may create or dissolve local review boards by resolution, and the boards created have all authority and duties provided for the boards by the provisions of this article.

    (C) In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.

    (D) In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.

    (E) In the Fifth Judicial Circuit, the members of one of the local review boards authorized pursuant to subsection (B) must be appointed by the Kershaw County Legislative Delegation. The local review board appointed by the Kershaw County Legislative Delegation shall be the board in the Fifth Judicial Circuit which primarily deals with cases in Kershaw County.

 

SECTION 3.  Section 63-11-740 of the S.C. Code is amended to read:

 

    Section 63-11-740. Local boards shall conduct meetings in the judicial circuit which they represent. Each board must be provided sufficient staff The Department shall provide administrative and technical assistance to each board to perform its functions as set forth in this article with funds provided in the annual state general appropriations act. Members of the local boards and former members substituting for an absent member may not receive compensation for their services but must be allowed mileage, per diem, and subsistence as provided by law for state boards, committees, and commissions for attendance at board meetings. If needed to ensure a quorum at a board meeting, a current or former member of a local board may serve as a substitute on a board other than his own board, whether or not the substitute member is a resident of the judicial circuit of that board.

 

SECTION 4.  Section 63-11-760 of the S.C. Code is amended to read:

 

    Section 63-11-760. After participating in a the training program provided by the Department of the system for the review of foster care of children foster care review system, a local review board member is not liable for damages for personal injury as a result of an act or omission in the discharge of his duties as a member if he acts in good faith and his conduct does not constitute gross negligence, recklessness, wilfulness, or wantonness.

 

SECTION 5.  Section 63-11-770 of the S.C. Code is amended to read:

 

    Section 63-11-770. All public and private agencies and facilities which provide for or arrange foster care for children and all public agencies providing services to children in foster care shall cooperate with make records available for review as requested by the Department, the state board of directors, and or local review boards by making available for review records as may be requested.

 

SECTION 6.  This act takes effect upon approval by the Governor.

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