South Carolina Administrative Code

114-180. Eligibility Hearings. A. This section applies to any claims under the Family Independence and Food Stamp Programs, Administrative Disqualification Hearings and Electronic Benefit Transfers. B. These hearings shall be conducted by use of the telephone, with the client and…

114-190. Food Services. A. Summer Food Service Program (1) Adverse Action An applicant or participant in the Summer Food Service Program may appeal the following: (a) a denial of an application for participation; (b) a denial of a sponsor’s request for an advance payment; (c) a d…

114-1910. Definitions. A. Optional Supplementation (OS)—totally State-funded financial and jointly State and Federal funded medical assistance granted by the State to eligible individuals who reside in residential care facilities licensed by the Department of Social Services or t…

114-1920. Eligibility Determination. A. Individuals or couples shall be eligible for OS payments if they meet the following requirements: (1) Have been determined to be aged, blind or disabled by the Social Security Administration (SSA) or by the agency in accordance with SSA cri…

114-1930. Termination, Suspension or Reduction of Benefits. Eligibility for further OS payments shall be terminated as soon as information indicating ineligibility is reported. Procedures of South Carolina Regulation 114-1030 shall be followed. ARTICLE 27 FOOD STAMP ISSUANCE (Sta…

114-200. Definitions. A. Client - an applicant for or recipient of aid or services granted under programs administered by the Department. B. Complainant - a client who files a complaint of discrimination against the Department. C. Days - calendar days, unless otherwise specified.…

114-210. Non-Discriminatory Practices. A. The Department of Social Services shall administer its programs in accordance with Title VI, Section 601 of the Civil Rights Act of 1964, as amended; Title V, Section 504 of the Rehabilitation Act of 1973, as amended; Title III, Section 3…

114-220. Administrative Civil Rights Reviews. A. The OCR of the Department of Social Services shall review, at least biennially, appropriate programs and offices of the Department to assess compliance with federal and state civil rights laws. Recommendations, if any, will be prov…

114-230. Filing Complaints of Discrimination. A. Clients who believe that they have suffered from the unlawful discriminatory acts of the Department while applying for or accessing Department benefits or services may address a signed, written complaint to any of the following: 1.…

114-240. Investigation of Complaints. A. The OCR shall assess the complaint to be sure it meets mandated criteria for timeliness, adequacy, and jurisdiction and shall determine whether or not to accept the complaint for investiga- tion. 1. For complaints that are not accepted for…

114-250. Complaints against Providers. A. Clients who believe that they have experienced an unlawful discriminatory act of any provider of the Department may address a signed, written complaint to any of the following: 1. The Office of Civil Rights of the South Carolina Departmen…

114-2710. General. The Department of Social Services is designated by the United States Department of Agriculture as the single State agency to administer the Food Stamp Program. The Food Stamp Program, as provided for in the Food Stamp Act of 1977, is operated by the State under…

114-2720. Definitions. The South Carolina Department of Social Services (SCDSS) incorporates by reference the definitions found in Title 7, Code of Federal Regulations, Part 274. HISTORY: Added by State Register Volume 19, Issue No. 4, eff April 28, 1995. Amended by State Registe…

114-2730. Food Stamp Issuance. The South Carolina Department of Social Services issues food stamp benefits to eligible households through its Electronic Benefits Transfer (EBT) system. SCDSS is responsible for the establishment of EBT accounts and transfer of food stamp benefits …

114-2740. Ongoing Major Responsibilities. A. County SCDSS Office Staff. (1) Establish eligibility of Food Stamp Program households; (2) Authorize production of EBT cards; (3) Train eligible households on the EBT system, the use and protection of the EBT card, food stamp benefit a…

114-2750. EBT Services Interaction. The EBT process requires interactions between Food Stamp Program recipients (households), SCDSS, authorized food retailers and the EBT Contractor. A. Food Stamp Program Household/SCDSS Interaction (1) When Program eligibility and benefit levels…

114-310. Declaratory Rulings. A. Definitions (1) Agency—the South Carolina Department of Social Services (2) Commissioner—The Commissioner of the South Carolina Department of Social Services or his designee. (3) Declaratory Ruling—an agency ruling designed to clarify that which i…

114-3310. Definitions, General Requirements, and Purpose. A. The agency shall provide protective services for adults who have been determined to be in need of such services in order to remedy or prevent situations of abuse, neglect or exploitation. B. Protective services for adul…

114-3320. Initiation Procedures. A. Person may file complaints concerning situations of abuse, neglect, or exploitation with which they are familiar by writing or calling the local county Department of Social Services. The reporter may remain anonymous. B. Individuals in need of …

114-3330. Determination of Need. A. When complaints, reports, or requests are received by the county Department of Social Services, the agency shall investigate the circumstances complained of in order to determine whether the report is substantiated or unsubstantiated. The inves…

114-3340. Scope of the Program. A. Adults determined by the agency to be in need of protective services shall be eligible for such services without regard to income. All services shall be rendered pursuant to S.C.R. 114-35-70. B. Services provided may include, but not limited to,…

114-3350. Denial or Termination of Services. A. All cases involving unsubstantiated reports or voluntary requests for protective services may be terminated at the client’s request, or on initiative of the Department of Social Services. B. All cases involving substantiated reports…

114-3360. Prior Regulations Repealed. All regulations concerning Adult Protective Services previously promulgated by the agency are hereby repealed, including: regulation 114-410.1; and those listed on pages 485-486 of Volume 26 of the Code of Laws of South Carolina, 1976 [repeal…

114-4000. Division to Implement Procedures to Assist Minors Seeking Abortions. The Division of Adoption and Birth Parent Services of the Department of Social Services shall implement procedures to assist minors in the preparation and filing of petitions for court orders granting …

114-4010. Minors to Be Treated with Compassion, Dignity and Respect. All minors shall be treated with compassion, dignity and respect. HISTORY: Added by State Register Volume 16, Issue No. 4, eff April 24, 1992.

114-4020. Anonymity of Minor Protected. At all times the anonymity of the minor shall be protected, unless otherwise requested by the minor. HISTORY: Added by State Register Volume 16, Issue No. 4, eff April 24, 1992. ARTICLE 43 ADOPTION SERVICES (Statutory Authority: 1976 Code §…

114-410. Release of Information and Records. A. Definitions. (1) Agency—the South Carolina Department of Social Services. (2) Client—an applicant for or recipient of aid or services granted under programs administered by the agency. (3) Person—an individual, partnership, corporat…

114-4370. Certification of Adoption Investigators and Persons Obtaining Consents or Relinquishments. A. Definitions (1) Person - an individual, self-employed or employed by an agency. (2) Department - the South Carolina Department of Social Services. (3) Child placing agency or a…

114-4380. Supplemental Benefits for Adoption and Medical Assistance. (Statutory Authority: 1976 Code §§ 63-9-1700 through 63-9-1810 and §§ 63-9-2000 through 63-9-2050) A. Definitions. 1. Supplemental Benefits: State funded payments for the care and support of an adopted child. 2.…

114-4510. Purposes. A. The Department of Social Services (DSS) shall receive, investigate, and act on reports of suspected abuse or neglect of children residing in an institution, and where the person or persons alleged to be responsible are employees of that institution or are p…

114-4520. Investigations. A. The State Department of Social Services shall investigate reports of child abuse or neglect when the facility under whose jurisdiction such as abuse or neglect is alleged to have occurred provides residential group care to children under the age of ei…

114-4530. Agreements. DSS may enter into written agreements with other State Agencies as to procedures to be used in the conduct of Institutional Abuse or Neglect investigations and the issuance of reports; and such written agreements may vary the terms of these Regulations so lo…

114-4540. Further Action. DSS may petition the appropriate Family Court, pursuant to the Child Protection Act for inspection orders and other relief that may be necessary to complete an investigation of a report of alleged child abuse or neglect.

114-4550. Prior Regulation Repealed. All regulations concerning the provision of child protective services in institutions previously promulgated by DSS are hereby repealed. ARTICLE 47 CHILD SUPPORT GUIDELINES (Statutory Authority: 1976 Code §§ 43-5-580(b), 63-17-470(D), and 45 C…

114-4710. Use of the Guidelines. A. The Child Support Guidelines are available to be used for temporary and permanent orders, actions for separate maintenance and support, divorce and child support awards. Additionally, the guidelines are to be used to assess the adequacy of agre…

114-4720. Determination of Child Support Awards. A. Income 1. Definition The guidelines define income as the actual gross income of the parent, if employed to full capacity, or potential income if unemployed or underemployed. Gross income is used in order to avoid contention over…

114-4730. Unusual Custody Arrangements. A. Shared Parenting Arrangements When both parents are deemed fit, and other relevant logistical circumstances apply, active partic- ipation in the life of the child(ren) by the parent without custody should be encouraged in order to ensure…

114-4740. Periodic Review. Every three years, if there is an assignment under part A of Title IV of the Social Security Act, or upon the request of either parent where an assignment exists under part D of Title IV of the Social Security Act, the Department of Social Services shal…

114-4750. Child Support Guidelines Schedule and Worksheets. South Carolina Child Support Guidelines Schedule and worksheets are specifically incorporated into these regulations by reference. Copies of the Schedule and worksheets are on file with the Legislative Council and may al…

114-4910. Child Placing Agencies; Definitions and Application Procedures. A. Definitions As used in this article unless the context requires otherwise: (1) ‘‘Adoptive home’’ means a household of one or more persons which has been approved by a child placing agency licensed to pro…

114-4920. Administration and Organization of Child Placing Agencies. A. Administration (1) The child placing agency shall meet the following requirements: (a) Have an office and staff located within the state, or within a twenty five (25) mile radius, and (b) Shall be incorporate…

114-4930. Requirements for Licenses and Types of Licenses. A. Application. After the receipt of the application for licensure/relicensure by the Agency, the Department shall initiate a licensing study within two (2) weeks and shall complete the assessment within ninety (90) days.…

114-4940. Relicensing Procedures. A. Renewal Process. Each year, all licensed child placing agencies shall receive written notification from the Department within ninety (90) days prior to the renewal date of the license. Where the Department has failed to so notify, the license …

114-4950. Confidentiality Requirements. A. Child placing agencies and their personnel are subject to Sections 63-7-1990 and 63-9-780. B. Except as provided below, without written consent of the parent or legal guardian of the child, no officer, agency or employee of the Departmen…

114-4960. Personnel Requirements. A. Policies and Practices (1) The child placing agency shall make available written personnel procedures and practices conducive to recruitment, retention, and effective performance by qualified personnel. These procedures and practices shall inc…

114-4970. Child Placing Agency Records. A. Child’s Record (1) The Agency shall maintain a case record for each child or sibling group placed in a foster family home or adoptive home which shall be kept up to date and include information required by the contract with the Departmen…

114-4980. Procedures and Practices of Child Placing Agencies. A. Foster Home Licensing (1) Child placing agency foster homes shall be licensed/relicensed in accordance with R. 114-550. (2) The child placing agency shall complete a home study using the Department’s home study guid…