Title 63, South Carolina Children's Code

The Adoption and Birth Parent Services Program within the South Carolina Department of Social Services is the only public adoption program in South Carolina.

The Department of Social Services shall administer an adoption program on behalf of the State. Adoption services must be available statewide. The adoption program provided by the department must be a centrally administered state program. The department shall designate regions whi…

(A) The General Assembly finds that there should no longer be two public adoption agencies in South Carolina and that a single system within a comprehensive children's services agency is needed to assure that public adoption services are provided in the most effective and efficie…

The department shall take all actions necessary to achieve accreditation of its adoption program by a nationally recognized accreditation organization, such as the Council on Accreditation of Services for Families and Children, as soon as practicable.

(A) The Department of Social Services, before it may accept as a client a parent or parents, or prospective parent or parents who wish to relinquish their child for adoption, must first provide them with an informational brochure which outlines the services available from and the…

(A) The department shall establish fees for certain adoption and related services. The fees must be charged on a scale related to income as established by the state board, but the inability to pay a fee does not preclude the providing of any service. (B) A fee may not be charged …

(A) The State Department of Social Services shall establish, either directly or through purchase of services, a statewide adoption exchange with a photograph listing component. (B) The adoption exchange must be available to serve all authorized, licensed child-placing agencies in…

This article may be cited as the "South Carolina Adoption Supplemental Benefits Act".

The purpose of this article is to supplement the South Carolina adoption law by making possible through public supplemental benefits the most appropriate adoption of each child certified by the Department of Social Services as requiring a supplemental benefit to assure adoption.

As used in this article: (1) "Child" means an individual up to twenty-one years of age. (2) "Supplemental benefits" means payments made by the State Department of Social Services to provide services, including medical subsidies for payment for treatment pursuant to Section 63-9-1…

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

At the time of placement for adoption, the department shall inform in writing the prospective adoptive parents of the: (1) availability of supplemental benefits; (2) conditions for which the supplemental benefits are available; (3) procedure for application for supplemental benef…

In order for a child to be eligible for supplemental benefits the department shall determine that the child legally is free for adoption, the child has been placed for adoption by the department, and one of the following provisions applies to the child: (1) is a special needs chi…

A child meeting criteria specified in Section 63-9-1750 for whom the department believes supplemental benefits are necessary to improve opportunities for adoption is eligible for the program. The agency shall document that reasonable efforts have been made to place the child in a…

(A) When the department determines that a child is eligible for supplemental benefits, a written agreement must be executed between the parents and the department. (B) In individual cases supplemental benefits may begin with the adoptive placement or at the appropriate time after…

Only certain children who have been certified as eligible for supplemental benefits may receive payments for medical, rehabilitative, or other treatment services under their supplemental benefits certification. To receive these payments, a child shall fall into one of the followi…

A decision concerning supplemental benefits by the department which the adoptive parents consider adverse to the child is reviewable according to department regulations.

Supplemental benefits may not end solely because the death or disability of the adoptive parents requires placement of the adopted child with another caregiver. The caregiver of the adopted child has the rights and duties imposed on the adoptive parents in this article.

The department shall promulgate regulations to carry out the provisions of this article.

The purpose of this article is to establish fair and reasonable procedures for the adoption of children and to provide for the well-being of the child, with full recognition of the interdependent needs and interests of the biological parents and the adoptive parents. However, whe…

(A) The Department of Social Services may develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of this State with other states to implement one or more of the purposes set forth in this article. The compact has the effect…

A compact entered into pursuant to the authority conferred by this article must contain: (1) a provision making it available for joinder by all states; (2) a provision for withdrawal from the compact upon written notice to the parties but one year between the date of the notice a…

A compact entered into pursuant to the authority conferred by this article may contain provisions in addition to those required by Section 63-9-2010 as follows: (1) establishing procedures and entitlements to medical, developmental, child care, or other social services for the ch…

(A) A child with special needs who is a resident in the State who is the subject of an adoption assistance agreement with another state may receive medical assistance identification from this State upon the filing with the Department of Social Services of a certified copy of the …

Consistent with federal law, the Department of Social Services in connection with the administration of this article and a compact pursuant to it must include in a state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980, Public Law 96-272, Titles IV (e) …

A person who submits a claim for payment or reimbursement for services or benefits pursuant to this article or makes a statement in connection with payment or reimbursement, which he knows or should know to be false, misleading, or fraudulent, is guilty of a misdemeanor. Upon con…

The Interstate Compact on the Placement of Children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows: INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN Subsection 1. Purpose and Policy: It is the purpo…

Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Subsection 5 thereof in the first instance. However, in the event of partial or complete defaul…

The "appropriate public authorities" as used in Subsection 3 of the Interstate Compact on the Placement of Children, with reference to this State, means the South Carolina Department of Social Services for adoptive and foster care purposes. The department shall receive and act wi…

As used in item (a) of Subsection 5 of the Interstate Compact on the Placement of Children, "appropriate authority in the receiving state" with reference to this State means the Department of Social Services as the compact administrator.

The officers and agencies of this State and its subdivisions having authority to place children are empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to item (b) of Subsection 5 of the Interstate Compact on the Placement…

Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this State or a…

There shall be no legal restrictions on out-of-state placements made pursuant to the Interstate Compact on the Placement of Children.

Any court having jurisdiction to place delinquent children may place such a child in an institution in another state pursuant to Subsection 6 of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Subsection 5 thereof.

As used in Subsection 7 of the Interstate Compact on the Placement of Children, "executive head" means the Governor. The Governor is authorized to designate the Department of Social Services as the compact administrator in accordance with the terms of Subsection 7.

The Department of Social Services shall promulgate procedures to govern all aspects of interstate adoptive and interstate foster care placements.

As used in this article unless the context requires otherwise: (1) "Adoptee" means a person who is proposed to be or who has been legally adopted. (2) "Adoption" means the judicial act of creating the relationship of parent and child where it did not exist previously. (3) "Adopti…

(A) Consent or relinquishment for the purpose of adoption is required of the following persons: (1) the adoptee, if over fourteen years of age, except where the court finds that the adoptee does not have the mental capacity to give consent, or that the best interests of the adopt…

(A) Notwithstanding the provisions of Section 63-9-310, consent or relinquishment for the purpose of adoption is not required of the following persons: (1) a parent whose rights with reference to the adoptee have been terminated pursuant to Article 7, Chapter 7; (2) a parent whom…

(A) Consent or relinquishment for the purpose of adoption, pursuant to Section 63-9-310, must be made by a sworn document, signed by the person or the head of the agency giving consent or relinquishment after the birth of the adoptee, and must specify the following: (1) the perma…

(A) The sworn document provided for in Section 63-9-330, which gives consent or relinquishment for the purpose of adoption, must be signed in the presence of two witnesses one of whom must be one of the following: (1) a judge of any family court in this State; (2) an attorney lic…

Withdrawal of any consent or relinquishment is not permitted except by order of the court after notice and opportunity to be heard is given to all persons concerned, and except when the court finds that the withdrawal is in the best interests of the child and that the consent or …

(A) With the exception of the persons provided for in Section 63-9-340(A)(1), (2), and (4), any person obtaining a consent or relinquishment for the purpose of adoption must be certified by the State Department of Social Services. Any person conducting an investigation for the ad…

(A) Consent or relinquishment for the purpose of adoption, pursuant to Section 63-9-310, for a minor child who is in the custody of the department by a removal action under Section 63-7-1660, is valid, binding, and enforceable. However, if a cause of action for the termination of…

(A) The family court has exclusive jurisdiction over all proceedings held pursuant to this article. Proceedings for adoption by residents of this State may be brought in the family court of the county in which the petitioner resides or is in military service, or in the county in …

Any child present within this State at the time the petition for adoption is filed, irrespective of place of birth or place of residence, may be adopted.