Title 63, South Carolina Children's Code

(A) Reports of child abuse and neglect must be classified in the department's data system and records in one of three categories: Suspected, Unfounded, or Indicated. If the report is categorized as unfounded, the entry must further state the classification of unfounded reports as…

(A) Information concerning reports classified as unfounded contained in the statewide data system and records must be maintained for not less than five years after the finding. Information contained in unfounded cases is not subject to disclosure under the Freedom of Information …

(A) Upon receipt of a report that a parent or other person responsible for the welfare of a child will not consent to health care needed by the child, the department shall investigate pursuant to Section 63-7-920. Upon a determination by a preponderance of evidence that adequate …

The department is charged with providing, directing, or coordinating the appropriate and timely delivery of services to children found to be abused or neglected and those responsible for their welfare or others exercising temporary or permanent control over these children. Servic…

The local office of the department responsible for the county of the mother's legal residence must provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child o…

(A) The department must cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the department. (B)(1) Where the facts indicating abuse or neglect also appear to indicate a violat…

Notwithstanding any other provision of law, upon request of the department, a criminal justice agency having custody of or access to state or local law enforcement records or county sex offender registries shall provide the department with information pertaining to the criminal h…

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

(A) Any person may adopt his spouse's child, and any person may adopt a child to whom he is related by blood or marriage. In the adoption of these children: (1) no investigation or report required under the provisions of Section 63-9-520 is required unless otherwise directed by t…

An adult person may be adopted by another adult person with the consent of the person to be adopted or his guardian and with the consent of the spouse, if any, of a sole adoptive parent, filed in writing with the court. The provisions of Section 62-2-109 and Sections 63-9-30 thro…

It is the purpose of this article to achieve the objective of the best interests of the child, as the primary client. Adoption programs must be structured so that all questions of interpretation are resolved with that objective in mind. To achieve this objective, adoption service…

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.