Title 63, South Carolina Children's Code

(A) If the court finds that a ground for termination, as provided for in Section 63-7-2570, 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 p…

(A) An order terminating the relationship between parent and child under this article divests the parent and the child of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other, except the right of the child to inherit from the parent…

All papers and records pertaining to a termination of parental rights are confidential and all court records must be sealed and opened only upon order of the judge for good cause shown.

The provisions of this article do not, except as specifically provided, modify or supersede the general adoption laws of this State.

This article must be liberally construed in order to ensure prompt judicial procedures for freeing minor children from the custody and control of their parents by terminating the parent-child relationship. The interests of the child shall prevail if the child's interest and the p…

The purpose of this article is to establish procedures for a child who is or was in the legal custody of the Department of Social Services on the child's eighteenth birthday and who has not attained age twenty-one to receive services and supports that promote emotional well-being…

For purposes of this article: (1) "Administrative case review" means a review open to the child and if the child consents, the child's parents, conducted by a panel of appropriate persons. Although at least one member of the panel must be a person who is not responsible for the c…

There is created within the Department of Social Services an extended foster care program for eligible children, as the term "child" is defined in Section 63-7-2710. An eligible child is under the placement and care responsibility of the department while participating in the prog…

(A) Before a child's eighteenth birthday, the child may provide written authorization to remain under the placement and care responsibility of the department after the child attains age eighteen and the court may conclude that it is in the child's best interests to remain under t…

(A) Within thirty days of entering a voluntary placement agreement, the department shall initiate proceedings for the review of the agreement by filing with the court a summons, petition, and supplemental report as outlined in subsection (B). The summons, petition, and supplement…

(A) A child who is in the legal custody of the department on the child's eighteenth birthday and who, due to a physical, intellectual, emotional, or psychiatric impairment, cannot execute a voluntary placement agreement in accordance with Section 63-7-2730 (B), may remain in fost…

(A) The department shall establish a developmentally appropriate administrative process to review the case of a child who remains under the placement and care responsibility or in the legal custody of the department beyond the child's eighteenth birthday pursuant to Section 63-7-…

(A) If a child remains in the legal custody of the department in accordance with Section 63-7-2750, permanency planning hearings must be held annually and in accordance with Section 63-7-1700. The court shall review the status of the child, the child's transition plan, and the pr…

Upon motion of the child or the department at any time, the court may review the child's case to address progress being made toward meeting the child's goals as set forth in the transition plan. The department must provide notice at least ten days before a hearing held pursuant t…

(A) If the department denies, disqualifies, terminates, or suspends a child from participation in the extended foster care program created pursuant to this article, the department shall notify the child in writing of the right to appeal the adverse decision through the department…

The purpose of this article is to supplement the South Carolina legal guardianship law by making possible through public supplemental benefits the most appropriate placement of a child with a legal guardian certified by the Department of Social Services as requiring a supplementa…

When used in this article: (1) "Child" means a person under the age of twenty-one. (2) "Department" means the Department of Social Services. (3) "Fictive kin" means an individual who is not related by birth, adoption, or marriage to a child but has an emotionally significant rela…

The department shall establish and administer an ongoing program of supplemental benefits for legal guardianship. Supplemental benefits and services for children under this program must be provided with funds appropriated to the department for these purposes.

(A) In order for a child to be eligible for supplemental legal guardianship benefits, the department shall determine that the following provisions apply: (1) the child is in the legal custody of the department by a removal action under Section 63-7-1660; (2) the child resided in …

(A) When the department determines that a child is eligible for supplemental legal guardianship benefits, the department and relative must execute a written agreement before the court may order legal guardianship. The department must provide a copy of the written agreement to the…

A decision regarding supplemental legal guardianship benefits by the department that is adverse to the relative, fictive kin, or legal guardian is reviewable according to the department's fair hearing regulations, unless there is an action pending in family court that can dispose…

The department may promulgate regulations as necessary to implement the provisions of this article, including regulations targeting certain age groups for participation in this program, conditions for legal guardians, and child support enforcement regarding the child's parents.

A person seeking assistance in meeting child care responsibilities may use the services and facilities established by this chapter, including the single statewide telephone number and local child protective services where available. These persons must be referred to appropriate c…

(A) The following persons must report in accordance with this section when, in such person's professional capacity, he has received information that gives him reason to believe that a child has been or may be abused or neglected as defined in Section 63-7-20: a physician, nurse, …

(A) An employer must not dismiss, demote, suspend, or otherwise discipline or discriminate against an employee who is required or permitted to report child abuse or neglect pursuant to Section 63-7-310 based on the fact that the employee has made a report of child abuse or neglec…

(A) Where reports are made pursuant to Section 63-7-310 to a law enforcement agency, the law enforcement agency shall notify the county department of social services of the law enforcement's response to the report at the earliest possible time. (B) Where a county or contiguous co…

(A) The identity of the person making a report pursuant to this section must be kept confidential by the agency or department receiving the report and must not be disclosed except as provided for in subsection (B) or (C) or as otherwise provided for in this chapter. (B) When the …

When a report is referred to the department for an investigation or other response, the department must determine whether previous reports have been made regarding the same child or the same subject of the report. In determining whether previous reports have been made, the depart…

If the department does not conduct an investigation as a result of information received pursuant to this subarticle, the department must make a record of the information and must classify the record as a Category IV unfounded report in accordance with Section 63-7-930. The depart…

A person required under Section 63-7-310 to report cases of suspected child abuse or neglect, including workers of the department, who has reason to believe a child has died as the result of child abuse or neglect, shall report this information to the appropriate medical examiner…

The law enforcement officer upon receipt of a report of domestic violence may report this information to the Department of Social Services. The department may treat the case as suspected report of abuse and may investigate the case as in other allegations of abuse in order to det…

A person required to report under Section 63-7-310 may take, or cause to be taken, color photographs of the areas of trauma visible on a child who is the subject of a report and, if medically indicated, a physician may cause to be performed a radiological examination or other med…

A person required or permitted to report pursuant to Section 63-7-310 or who participates in an investigation or judicial proceedings resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actio…

(A) A safe haven in this State must, without a court order, take temporary physical custody of an infant who is voluntarily left with the safe haven by a person who does not express an intent to return for the infant and the circumstances give rise to a reasonable belief that the…

An employee, volunteer, or official of the Department of Social Services required or authorized to perform child protective or child welfare-related functions or an individual with whom the department has contracted to convene family group conferences or a law enforcement officer…

A person required to report a case of child abuse or neglect or a person required to perform any other function under this article who knowingly fails to do so, or a person who threatens or attempts to intimidate a witness is guilty of a misdemeanor and, upon conviction, must be …

The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client or clergy member, including Christian Science Practitioner or religious healer, and penitent, is abrogated and does not …

(A) If the family court determines pursuant to Section 63-7-2000 that a person has made a report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 63-7-440, the department may bring a …

(A) It is unlawful to knowingly make a false report of abuse or neglect. (B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than ninety days, or both.

(A) The Department of Social Services Protective Services shall inform all persons required to report pursuant to Section 63-7-310(A) of the nature, problem, and extent of child abuse and neglect and of their duties and responsibilities in accordance with this article. The depart…

(A) A law enforcement officer investigating a case of suspected child abuse or neglect or responding to a request for assistance by the department as it investigates a case of suspected child abuse or neglect has authority to take emergency protective custody of the child pursuan…

(A) A law enforcement officer may take emergency protective custody of a child without the consent of the child's parents, guardians, or others exercising temporary or permanent control over the child if: (1) the officer has probable cause to believe that by reason of abuse or ne…

When an officer takes a child into emergency protective custody under this subarticle, the officer immediately shall notify the department. The department shall notify the parent, guardian, or other person exercising temporary or permanent control over the child as early as reaso…

The department shall conduct within twenty-four hours after the child is taken into emergency protective custody by law enforcement or pursuant to ex parte order a preliminary investigation to determine whether grounds for assuming legal custody of the child exist and whether rea…

(A) Before agreeing to or acquiescing in a corrective action that involves placement of the child with a relative or other person or making an interim placement with a relative while retaining custody of the child or as soon as possible after agreeing to or acquiescing in a corre…

If the department determines after the preliminary investigation that there is probable cause to believe that by reason of abuse or neglect the child's life, health, or physical safety is in imminent and substantial danger, the department may assume legal custody of the child wit…