Title 43, Social Services

As required by the Federal Vocational Rehabilitation Acts, and any amendments thereto, including rules and regulation issued pursuant to such acts, the Vocational Rehabilitation Department shall give full consideration to any similar benefits available to a handicapped individual…

It shall be unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program, and in accordance with regulations, for any person to solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in or acquie…

In addition to the duties of the Department of Vocational Rehabilitation as set forth in Sections 43-31-20 and 43-31-60, the department shall provide services authorized by this chapter to individuals who have committed criminal offenses and are or have been incarcerated in the D…

A counselor for the state agency of Vocational Rehabilitation shall have: (1) a Master's degree in Rehabilitation Counseling; (2) a Master's degree in the field of counseling with a graduate course in theories and techniques of counseling; or (3) a Master's degree in any discipli…

It is hereby declared to be the policy of this State to provide rehabilitation services to the extent needed and feasible, to eligible handicapped individuals throughout the State, to the end that they may engage in useful and remunerative occupations to the extent of their capab…

For the purposes of this chapter: (1) The term "Agency" means the State Agency of Vocational Rehabilitation. (2) The term "Commissioner" means the Commissioner of Vocational Rehabilitation appointed by the Agency. (3) The term "vocational rehabilitation services" means diagnostic…

The Governor shall appoint a State Agency of Vocational Rehabilitation to be composed of seven members, and this agency shall provide for the administration of this chapter. The members of the agency shall consist of one member from each congressional district. The Governor, upon…

The agency shall elect a chairman and shall meet quarterly in regular session and on call by the chairman when necessary for the transaction of agency business. Agency members shall receive such per diem and mileage as is provided by law for members of boards, commissions and com…

The agency shall provide the vocational rehabilitation services authorized by this chapter to every physically handicapped individual determined by the commissioner to be eligible therefor, as defined by SECTION 43-31-30, item (10), and in carrying out the purposes of this chapte…

The agency shall appoint a Commissioner of Vocational Rehabilitation, in accordance with established personnel standards and on the basis of his education, training, experience and demonstrated ability. The commissioner shall serve as secretary and executive officer of the Agency…

In carrying out his duties under this chapter, the commissioner: (1) shall, with the approval of the agency, make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, and invest…

This chapter shall be administered under the general supervision and direction of the agency by the commissioner.

It is the policy of this State to encourage and enable the blind, the visually handicapped, and the otherwise physically disabled to participate fully in the social and economic life of the State and to engage in remunerative employment.

(a) The blind, the visually handicapped, and the otherwise physically disabled have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public facilities, and other public places; (b) The blind, the visually handicapped, and t…

For the purposes of this article: "Handicapped" shall mean any person who is visually impaired, legally blind, deaf or hearing-impaired, has a disability of incoordination or palsy resulting from brain, spinal or peripheral nerve damage, has an amputation of upper extremities, or…

The provisions of this article shall apply to any State agency which utilizes psychometric tests in its personnel procedures. Any such agency shall administer test materials in such manner, form and procedure as will prevent discrimination to persons with physical handicaps as pr…

Any applicant for employment or promotion may personally, or by his representative, file a written complaint of alleged violations of the provisions of this article with the agency concerned within ninety days of the alleged violations. The agency shall make a decision concerning…

For reasons set forth in SECTION 43-33-20, persons who are handicapped and who customarily use motorized wheelchairs or motorized carts for locomotion shall not be prohibited from using such wheelchairs or carts on the strand of the seacoast of this State.

The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white or metallic in color (with or without a red tip) or approaching a handicapped pedestrian using an assistance dog shall take all necessary precautions to avoid in…

The General Assembly finds that by executive order in 1977 the Governor designated an eleemosynary corporation now known as "Protection and Advocacy for People with Disabilities, Inc.", as the organization to perform the function of advocate for citizens with developmental disabi…

Protection and Advocacy for People with Disabilities, Inc. is governed by a board consisting of a minimum of twelve members and a maximum of sixteen members. Four members must be appointed by the Governor, one member from each of the system's four regions. Eight members must be e…

As used in this article, unless the context requires otherwise: (1) "System" means Protection and Advocacy for People with Disabilities, Inc. (2) "Developmental disability" means a severe, chronic disability of a person which: (a) is attributable to a mental or physical impairmen…

The system has the following powers and duties: (1) It shall protect and advocate for the rights of all persons with a developmental or other disability, including the requirements of Section 113 of Public Law 94-103, Section 105 of Public Law 99-319, and Section 112 of Public La…

Upon the receipt of a complaint, the System may interview the person making the complaint or the person on whose behalf the complaint is made.

Upon (A) the receipt of a written request to investigate a complaint that has been signed by a person with a developmental or other disability, his parent, legal guardian, any relative or a state agency; or upon (B) the receipt of a complaint of abuse or threatened abuse to a per…

The system shall not disclose the name or identity of any person, complainant, witness or subject of a complaint or any information or writing relating thereto unless the person or his parent or legal guardian authorizes in writing the release of such information but the system m…

Any person providing information to the System or who participates in judicial proceedings resulting therefrom, acting in good faith, shall be immune from civil and criminal liability which might otherwise result by reason of such actions. In all such civil or criminal proceeding…

(A) It is unlawful for a person or his agent to: (1) deny or interfere with admittance to or enjoyment of the public facilities enumerated in Section 43-33-20; or (2) interfere with the rights of a totally or partially blind or disabled person under Section 43-33-20. (B) A person…

All departments, officers, agencies and institutions of the State shall cooperate with the system in carrying out its duties. Notwithstanding any other provision of law, all departments, officers, agencies and institutions of the State may, on the behalf of a person with a develo…

Each year, the Governor shall take suitable public notice of October fifteenth as White Cane Safety Day. He shall issue a proclamation in which: (a) he comments upon the significance of the white cane; (b) he calls upon the citizens of the State to observe the provisions of the W…

This article may be cited as the South Carolina Bill of Rights for Handicapped Persons.

The opportunity to obtain housing, full and equal use of public accommodations, public services, and to make use of educational facilities without discrimination because of a handicap is guaranteed by this article and is a civil right.

No person may discriminate against a handicapped person with respect to public accommodations, public services, or housing without reasonable justification. No protection or right of access provided by law for handicapped persons is reduced or eliminated by the provisions of this…

A handicapped person aggrieved by the discrimination prohibited by this article has the right to seek injunctive relief or civil damages, not to exceed five thousand dollars actual damages, plus his attorney's fee and costs, in the court of common pleas.

Notwithstanding Section 2-7-35, "handicap" and "handicapped" as used in this article mean a substantial physical or mental impairment, whether congenital or acquired by accident, injury, or disease, where the impairment is verified by medical findings and appears reasonably certa…

For purposes of this article, "reasonable justification" in the context of housing and public services must be determined in light of the following factors, among others: (1) safety; (2) efficiency; and (3) cost.

It is the policy of this State that the blind, the visually handicapped, and the otherwise physically disabled shall be employed in the State service, the service of the political subdivisions of the State, in the public schools, and in all other employment supported in whole or …

(a) Blind persons, visually handicapped persons, and other physically disabled persons shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in this State, subject to the conditio…

As used in this chapter: (1) "Abuse" means physical abuse or psychological abuse. (2) "Caregiver" means a person who provides care to a vulnerable adult, with or without compensation, on a temporary or permanent or full or part-time basis and includes, but is not limited to, a re…

No vulnerable adult may be considered to be abused or neglected for the sole reason that, in lieu of medical treatment, the vulnerable adult is being furnished nonmedical remedial treatment by spiritual means through prayer alone which the vulnerable adult has practiced freely in…

(A) The Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division shall receive and coordinate the referral of all reports of alleged abuse, neglect, or exploitation of vulnerable adults in facilities operated or contracted for operation by the Office o…

In addition to all other powers and duties that an investigative entity is given in this article, the investigative entity may: (1) have access to facilities for the purpose of conducting investigations, as otherwise permitted by law; (2) request and receive written statements, d…

(A) There is created the Vulnerable Adult Guardian ad Litem Program in the Office on Aging to serve as a statewide system to recruit, train, and supervise volunteers to serve as court-appointed guardians ad litem for vulnerable adults in abuse, neglect, and exploitation proceedin…

In addition to the definitions contained in Section 43-35-10, for purposes of this article, "guardian ad litem" means an individual appointed by the family court pursuant to Section 43-35-45 to advocate for the best interests of a vulnerable adult.

(A) The duties and responsibilities of a guardian ad litem include, but are not limited to: (1) representing the best interests of the vulnerable adult by advocating for the welfare and rights of a vulnerable adult involved in an abuse, neglect, or exploitation proceeding; (2) co…

(A) A guardian ad litem may be either an attorney or a layperson. To be appointed as a guardian ad litem pursuant to Section 43-35-45(C) an individual: (1) must be twenty-one years of age or older; (2) shall possess a high school diploma or its equivalent; (3) shall have complete…