South Carolina General Assembly
104th Session, 1981-1982

Bill 359


                    Current Status

Bill Number:               359
Ratification Number:       110
Act Number                 71
Introducing Body:          Senate
Subject:                   Uniform Gift to Minors Act
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A71, R110, S359)

AN ACT TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARE AND SUPPORT OF CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE; TO REPEAL CHAPTER 21 OF TITLE 14, RELATING TO FAMILY COURTS; CHAPTER 45 OF TITLE 15, RELATING TO ADOPTION; SECTION 15-75-30, RELATING TO MALICIOUS INJURY TO PROPERTY BY A MINOR; SECTION 16-3-1030, RELATING TO UNLAWFUL NEGLECT OF A CHILD BY A LEGAL CUSTODIAN; SECTION 16-15-330, RELATING TO A MINOR GAINING ADMISSION TO THEATRE BY FALSELY CLAIMING TO BE EIGHTEEN YEARS OF AGE; SECTION 16-17-460, RELATING TO GIVING A NEGRO PERMANENT CUSTODY OF WHITE CHILD; CHAPTER 11 OF TITLE 20, RELATING TO CARE AND SUPPORT OF CHILDREN AND TO TERMINATION OF PARENTAL RIGHTS TO ABANDONED OR ABUSED CHILDREN; CHAPTER 21 OF TITLE 21, RELATING TO NATURAL AND PARENTALLY APPOINTED GUARDIANS; CHAPTERS 15 AND 17 OF TITLE 24, RELATING TO CORRECTION AND TREATMENT OF JUVENILES AND TO THE INTERSTATE COMPACT ON JUVENILES; CHAPTER FF OF TITLE 32, RELATING TO MINORS' CONTRACTS; CHAPTER 3 OF TITLE 35, RELATING TO THE UNIFORM GIFT TO MINORS ACT; CHAPTERS 9, 11, 13 AND 16 OF TITLE 43, RELATING TO AID TO DEPENDENT CHILDREN, TO THE CHILDREN'S BUREAU, TO FOSTER CARE REVIEW BOARD AND TO CHILD WELFARE AGENCIES; CHAPTER 45 OF TITLE 44, RELATING TO CONSENT OF MINORS TO HEALTH SERVICES; SECTION 52-11-130, RELATING TO PROHIBITION OF MINORS IN BILLIARD ROOMS UNDER CERTAIN CONDITIONS; SECTION 52-15-30, RELATING TO PROHIBITION OF MINORS USING PINBALL MACHINES; SECTION 61-9-80, RELATING TO PROHIBITION OF MINORS UNDER THE AGE OF EIGHTEEN FROM PURCHASING BEER; SECTION 61-13-270, RELATING TO PROHIBITION OF MINORS UNDER THE AGE OF TWENTY-ONE FROM PURCHASING ALCOHOLIC LIQUORS; SECTION 61-13-280, RELATING TO THE USE OR POSSESSION OF BEER OR ALCOHOLIC BEVERAGES BY MINORS IN THE HOME OF PARENTS OR GUARDIANS OR RELIGIOUS CEREMONIES; ACT 184 OF 1977, RELATING TO CHILD DAY CARE FACILITIES; ACT 187 OF 1977, RELATING TO CHILD PROTECTION; AND ACT 469 OF 1980, RELATING TO THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN.

Be it enacted by the General Assembly of the State of South Carolina:

Children's Code adopted

SECTION 1. Chapter 7 of Title 20 of the 1976 Code is amended to read:

"CHAPTER 7

CHILDREN'S CODE

ARTICLE 1

GENERAL PROVISIONS

Section 20-7-10. Short title. This chapter may be cited as The South Carolina Children's Code.

Section 20-7-20. Children's policy established. (A) A children's policy is hereby established for this State.

(B) This policy shall be interpreted in conjunction with all relevant laws and regulations and shall apply to all children who have need of services including, but not limited to, those mentally, socially, emotionally, physically, developmentally, culturally, educationally or economically disadvantaged or handicapped, those dependent, neglected, abused or exploited and those who by their circumstance or action violate the laws of this State and are found to be in need of treatment or rehabilitation.

(C) It shall be the policy of this State to concentrate on the prevention of children's problems as the most important strategy which can be planned and implemented on behalf of children and their families. The State shall encourage community involvement in the provision of children's services including, as an integral part, local government, public and private voluntary groups, public and private nonprofit groups and private-for-profit groups in order to encourage and provide innovative strategies for children's services. To maximize resources in providing services to children in need, all agencies providing services to children shall develop methods to coordinate their services and resources. For children with multiple needs, the furtherance of this policy requires all children's services agencies to recognize that their jurisdiction in meeting these children's needs is not mutually exclusive.

(D) When children or their families request help, state and local government resources shall be utilized to compliment community efforts to help meet the needs of children by aiding in the prevention and resolution of their problems. The State shall direct its efforts first to strengthen and encourage family life as the most appropriate environment for the care and nurturing of children. To this end, the State shall assist and encourage families to utilize all available resources. For children in need of services, care and guidance the State shall secure those services as are needed to serve the emotional, mental and physical welfare of children and the best interests of the community, preferably in their homes or the least restrictive environment possible. When children must be placed in care away from their homes, the State shall insure that they are protected against any harmful effects resulting from the temporary or permanent inability of parents to provide care and protection for their children. It is the policy of this State to reunite the child with his family in a timely manner, whether or not the child has been placed in the care of the State voluntarily. When children must be permanently removed from their homes, they shall be placed in adoptive homes so that they may become members of a family by legal adoption or, absent that possibility, other permanent settings.

(E) The children's policy provided for in this article shall be implemented through the cooperative efforts of state, county and municipal legislative, judicial and executive branches, as well as other public and private resources. Where resources are limited, services shall be targeted to those children in greatest need.

(F) In order to carry out this policy each state agency, department, institution, committee and commission which is concerned or responsible for children shall submit as a part of its annual budget request a comprehensive statement of how its program contributed to the implementation of this policy. This statement shall include, but not be limited to, a listing of programs and how they are placed in priority and a summary of the expenses incurred for the administration of children's services.

Section 20-7-30. Definitions. When used in this chapter and unless otherwise defined or the specific context indicates otherwise:

(1) 'Child' means a person under the age of eighteen.

(2) 'Court' means the family court.

(3) 'Guardian' means a person who legally has the care and management of a child.

(4) 'Judge' means the judge of the family court.

(5) 'Parent' means biological parent, adoptive parents, stepparent, or person with legal custody.

(6) 'Status offense' means any offense which would not be a misdemeanor or felony if committed by an adult, such as, but not limited to, incorrigibility (beyond the control of parents), truancy, running away, playing or loitering in a billiard room, playing a pinball machine or gaining admission to a theater by false identification.

ARTICLE 3

LEGAL STATUS OF CHILDREN

SUBARTICLE 1

Parent-Child Relationship

Section 20-7-40. Support of spouse and children. A husband or wife declared to be chargeable with the support of his or her spouse and children, if possessed of sufficient means or able to earn such means, may be required to pay for their support a fair and reasonable sum according to his or her means, as may be determined by the court.

Section 20-7-50. Unlawful neglect of child or helpless person by legal custodian. Any person having the legal custody of any child or helpless person, who shall, without lawful excuse, refuse or neglect to provide, as defined in Section 20-7-490, the proper care and attention for such child or helpless person, so that the life, health or comfort of such child or helpless person is endangered or is likely to be endangered, shall be guilty of a misdemeanor and shall be punished within the discretion of the court.

Section 20-7-60. Ill-treating children, apprentices, servants, incompetents or helpless persons. Whoever, being legally liable, either as parent, guardian, or other person having temporary or permanent custody, to provide for any child, mentally incompetent or helpless person, necessary food, clothing, lodging, or medical or other treatment as recognized by Section 40-47-40, shall wilfully and without lawful excuse refuse or neglect to provide, as defined in Section 20-7-490, therefor, or shall unlawfully and maliciously do, or cause to be done, any bodily harm to that person so that his life shall be endangered, or his health or comfort shall have been, or is likely to be, permanently injured, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred dollars or imprisoned for not exceeding two years with or without hard labor, or both, at the discretion of the court.

Section 20-7-70 Cruelty to children. Whoever tortures, torments, cruelly ill-treats, deprives of necessary sustenance or shelter or inflicts unnecessary pain or suffering upon any child or causes the same to be done, whether such person be the parent or guardian or have charge or custody of such child, shall, for every such offense, be guilty of a misdemeanor and be punished by imprisonment in jail not exceeding thirty days or by fine not exceeding one hundred dollars. All the provisions of Chapter 1 of Title 47 in reference to the prevention of cruelty to animals shall be extended to the enforcement of this section.

Section 20-7-80. Abandonment of children. It shall be unlawful for any parent, male or female, or any other person legally responsible for the care and support of a minor child under the age of sixteen years to wilfully abandon such child, as provided in Section 20-7-1570. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished with the discretion of the court.

Section 20-7-90. Obligation to support spouse and children. (A) Any able-bodied person capable of earning a livelihood who shall, without just cause or excuse, abandon or fail to provide reasonable support to his or her spouse or to his or her minor unmarried legitimate or illegitimate child dependent upon him or her shall be deemed guilty of a misdemeanor and upon conviction shall be imprisoned for a term of not exceeding one year or be fined not less than three hundred dollars nor more than one thousand five hundred dollars, or both, in the discretion of the court. A husband or wife abandoned by his or her spouse is not liable for the support of the abandoning spouse until such spouse offers to return unless the misconduct of the husband or wife justified the abandonment. If a fine be imposed the court may, in its discretion, order that a portion of the fine be paid to a proper and suitable person or agency for the maintenance and support of the defendant's spouse or minor unmarried legitimate or illegitimate child. As used in this section 'reasonable support' means an amount of financial assistance which, when combined with the support the member is reasonably capable of providing for himself or herself, will provide a living standard for the member substantially equal to that of the person owing the duty to support. It includes both usual and unusual necessities.

(B) Any person who fails to receive the support required by this section may petition to a court of competent jurisdiction for a rule to show cause why the obligated person should not be required to provide such support and after proper service and hearing the court shall in all appropriate cases order such support to be paid. Any such petition shall specify the amount of support required. Compliance with the court order shall bar prosecution under the provisions of subsection (A) of this section.

Section 20-7-100. Rights and duties of parents in regard to their minor children; generally. The mother and father are the joint natural guardians of their minor children and are equally charged with their welfare and education and the care and management of their estates and the mother and father shall have equal power, rights and duties and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of such minor or any other matter affecting the minor. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to its custody. The welfare of the minor shall be the first consideration and the court having jurisdiction shall determine all questions concerning the guardianship of the minor. Nothing herein contained shall be construed to relieve the father of his common-law obligation to support his children, nor shall it be construed to increase the liability of the mother to support the children.

SUBARTICLE 3

Representation of Child

Section 20-7-110. Legal representation. In all child abuse and neglect proceedings:

(A) Children shall be appointed legal counsel and a guardian ad litem by the Family Court. Counsel for the child shall in no case be the same as counsel for the parent, guardian or other person subject to the proceeding or any governmental or social agency involved in the proceeding.

(B) Parents, guardians or other persons subject to any judicial proceeding shall be entitled to legal counsel. Those persons unable to afford legal representation shall ,be appointed counsel by the Family Court.

(C) The interests of the State and the local child protective services agency shall be represented by the circuit solicitor or his representative in the appropriate judicial circuit in any judicial proceeding.

Section 20-7-120. Custodian shall have rights of guardian. Any person to whom the custody of any child has been so disposed or devised may take into his possession to and for the use, support and education of such child all property, real and personal, which by such deed or will shall have been conveyed, devised or ,bequeathed to such child, until he attains the age of eighteen years or for such lesser time as may be fixed by such deed or will, and may receive and receipt for the proceeds of any life insurance taken out by the parent for the benefit of such child and do all acts in relation thereto which a guardian appointed according to law might do. Section 20-7-130. Returns and accounts shall be made to probate judge. The custodian so appointed by deed or will shall make a return to the judge of probate of all the property which shall come into his possession and account annually for the rents, profits and income thereof and be liable therefor in the same manner and to the same extent as guardians appointed by law.

SUBARTICLE 5

Uniform Gifts to Minors Act

Section 20-7-140. Short title. This subarticle may be cited as the 'South Carolina Uniform Gifts to Minors Act'.

Section 20-7-150. Definitions. In this subarticle, unless the context otherwise requires:

(1) 'Adult' is a person who has attained the age of eighteen years.

(2) 'Bank' is any bank, trust company, national banking association or industrial bank.

(3) 'Broker' is a person lawfully engaged in the business of effecting transactions in securities for the account of others. The term includes a bank which effects such transactions. The term also includes a person lawfully engaged in buying and selling securities for his own account through a broker or otherwise as a part of a regular business.

(4) 'Court' means the circuit court.

(5) 'Custodial property' includes:

(a) All securities, life insurance policies, annuity contracts, real estate, tangible personal property and money and any other type of property under the supervision of the same custodian for the same minor as a consequence of a gift made to the minor in a manner prescribed in this subarticle.

(b) The income from the custodial property.

(c) The proceeds, immediate and remote, from the sale, exchange, conversion, investment, reinvestment, surrender or other disposition of such securities, money, life insurance policies, annuity contracts, real estate, tangible personal property and other property.

(6) 'Custodian' is a person so designated in manner prescribed in this chapter and the term includes a successor custodian.

(7) 'Guardian' of a minor means the general guardian, guardian, tutor or curator of his property or estate, appointed or qualified by a court of this State or another state.

(8) 'Issuer' is a person who places or authorizes the placing of his name on a security, other than as a transfer agent, to evidence that it represents a share, participation or other interest in his property or in an enterprise, or to evidence his duty or undertaking to perform an obligation evidenced by the security or who becomes responsible in place of any such person.

(9) 'Legal representative' of a person is his executor or the administrator, general guardian, guardian, committee, conservator, tutor or curator of his property or estate.

(10) 'Member of a minor's family' means any of the minor's parents, grandparents, brothers, sisters, uncles and aunts, whether of the whole blood or the half blood, or by or through legal adoption.

(11) 'Minor' is a person who has not attained the age of eighteen years.

(12) 'Savings and loan association' is a state-chartered savings and loan association or building and loan association or a federally chartered savings and loan association.

(13) 'Security' includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting-trust certificate or, in general, any interest or instrument commonly known as a security, any certificate of interest or participation in any temporary or interim certificate, receipt or certificate of deposit for or any warrant or right to subscribe to or purchase any of the foregoing. The term does not include a security of which the donor is the issuer. A security is in 'registered form' when it specifies a person entitled to it or to the rights it evidences and its transfer may be registered upon books maintained for that purpose by or on behalf of the issuer.

(14) 'Transfer agent' is a person who acts as authenticating trustee, transfer agent, registrar or other agent for an issuer in the registration of transfers of its securities or in the issue of new securities in the cancellation of surrendered securities.

(15) 'Trust company' is a ,bank, corporation or other legal entity authorized to exercise trust powers in this State.

(16) 'Financial institution' is a bank, a federal savings and loan association, a savings institution chartered and supervised as a savings and loan or similar institution under federal law or the laws of a state, a federal credit union or a credit union chartered and supervised under the laws of a state; a 'domestic financial institution' is one chartered and supervised under the laws of this State or chartered and supervised under federal law and having its principal office in this State; an 'insured financial institution' is one in which deposits (including a savings, share, certificate or deposit account) are, in whole or in part, insured by the Federal Deposit Insurance Corporation, by the Federal Savings and Loan Insurance Corporation or by a deposit insurance fund approved by this State.

(17) 'Life insurance policy or annuity contract' means a life insurance policy or annuity contract issued by an insurance company on the life of a minor to whom a gift of the policy or contract is made in the manner prescribed in this subarticle or on the life of a member of the minor's family.

Section 20-7-160. Manner of making gift of security, life insurance policy, annuity contract or money. ( 1) An adult person may, during his lifetime, make a gift of security, a life insurance policy or annuity contract or money or real estate, tangible personal property or any other property to a person who is a minor on the date of the gift:

(a) If the subject of the gift is a security in registered form, by registering it in the name of the donor, another adult person or a trust company followed in substance by the words: 'As custodian for_______ (name of minor)___________ under the Uniform Gifts to Minors Act'.

(b) If the subject of the gift is a security not in registered form, by delivering it to an adult other than the donor, a guardian of the minor or a trust company, accompanied by a statement of gift in the following form, in substance, signed by the donor and the person designated a custodian:

'GIFT UNDER THE SOUTH CAROLINA UNIFORM GIFTS TO MINORS ACT

________(name of donor)_______ hereby delivers to ____________ (name of custodian) as custodian for _______ (name of minor) __________ under the South Carolina Uniform Gifts to Minors Act the following security: (insert an appropriate description of the security delivered sufficient to identify it).

______________________

(signature of donor)

____________ (name of custodian)________ hereby acknowledges receipt of the above-described security as custodian for the above minor under the Uniform Gifts to Minors Act.

Dated:______________

____________________________

( Signature of custodian) '

(c) If the subject of the gift is money, by paying or delivering it to a broker or a domestic financial institution for credit to an account in the name of the donor, another adult or a trust company followed in substance by the words: 'as custodian for ________ (name of minor) _______ under the Uniform Gifts to Minors Act'.

(d) If the subject of the gift is a life insurance policy or annuity contract, by causing the ownership of the policy or contract to be registered with the issuing insurance company in the name of the donor, another adult or a trust company followed in substance by the words 'as custodian for __________ (name of minor) ________ under the Uniform Gifts to Minors Act'. (e) If the subject of the gift is an interest in real estate, by executing and delivering in the appropriate manner a deed, assignment or similar instrument in the name of the donor, another adult or guardian of the minor or a trust company followed in substance by the words: 'as custodian for ______ (name of minor) _______ under the Uniform Gifts to Minors Act'. (f) If the subject of the gift is an interest in any property not described in items (a) through (e) above, ,by causing the ownership of the property to be transferred by any written document in the name of the donor, another adult, a guardian or the minor or a trust company followed in substance by the words: 'as custodian for ______ (name of minor) ________ under the Uniform Gifts to Minors Act'.

(g) If the gift is by will, by stating in the will that the bequest or devise is made under the S.C. Uniform Gifts to Minors Act. Unless the testator in his will designates the custodian, who shall be an adult, a guardian of the minor or a trust company, his personal representative shall, subject to any limitations contained within the will, have the power to name as the custodian an adult, a guardian of the minor or a trust company and shall distribute the subject of the gift by transferring it in the manner and form provided in the preceding items of this subsection.

(h) If the gift is preceded by a gift in trust to some other person, by stating in the will or inter vivos trust instrument that it is made under the South Carolina Uniform Gifts to Minors Act. Unless the custodian, who shall be an adult, a guardian of the minor or a trust company, is designated in the will or inter vivos trust instrument, the trustee shall, subject to any limitations contained within the will or inter vivos trust instrument, have the power to name as custodian an adult, a guardian of the minor or a trust company, and shall distribute the subject of the gift by transferring it in the manner and form provided in the preceding items of this subsection.

(2) Any gift made in a manner prescribed in subsection (1) may be made to only one minor and only one person may be the custodian.

(3) A donor who makes a gift to a minor in the manner prescribed in subsection (1) shall promptly do all things within his power to put the subject of the gift in the possession and control of the custodian but the donor's failure to comply with this subsection, his designation of an ineligible person as custodian, or renunciation by the person designated as custodian shall not affect the consummation of the gift.

(4) Whether or not a gift of the ownership of a life insurance policy or annuity contract has been made, the owner of such a policy or contract may designate a custodian (or a successor custodian) as the beneficiary of any such policy or contract. When the custodian receives any proceeds of such policy or contract, the proceeds shall at that time become custodian property.

Section 20-7-170. Effect of gift. (1) A gift made in a manner prescribed in this subarticle is irrevocable and conveys to the minor indefeasibly vested legal title to the security, life insurance policy, annuity contract, money, real estate or any other property given, but no guardian of the minor has any right, power, duty or authority with respect to the custodial property except as provided in this subarticle.

(2) By making a gift in a manner prescribed in this subarticle, the donor incorporates in his gift, inter vivos trust instrument or will all provisions of this subarticle and grants to the custodian and to any issuer, transfer agent, bank, life insurance company, broker or third person, dealing with a person designated as custodian the respective powers, rights and immunities provided in this subarticle.

Section 20-7-180. Rights, powers and duties of custodian. (1) The custodian shall collect, hold, manage, invest and reinvest the custodial property.

(2) The custodian shall pay over to the minor for expenditure by him, or expend for the minor's benefit, so much of or all the custodial property as the custodian deems advisable for the support, maintenance, education and benefit of the minor in the manner, at the same time or times, and to the extent that the custodian in his discretion deems suitable and proper, with or without court order, with or without regard to the duty of himself or of any other person to support the minor or his ability to do so, and with or without regard to any other income or property of the minor which may be applicable or available for any such purpose.

(3) The court, on the petition of a parent or guardian of the minor or of the minor, if he has attained the age of fourteen years, may order the custodian to pay over to the minor for expenditure by him or to expend so much of or all of the custodial property as is necessary for the minor's support, maintenance or education.

(4) To the extent that the custodial property is not so expended, the custodian shall deliver or pay it over to the minor on his attaining the age of eighteen years or, if the minor dies before attaining the age of eighteen years, he shall thereupon deliver or pay it over to the estate of the minor.

(5) The custodian, notwithstanding statutes restricting investments by fiduciaries, shall invest and reinvest the custodial property as would a prudent man of discretion and intelligence who is seeking a reasonable income and the preservation of his capital, except that he may, in his discretion and without liability to the minor or his estate, retain custodial property given to the minor in a manner prescribed in this subarticle or hold money so given in an account in the financial institution to which it was paid or delivered by the donor.

(6) The custodian may sell, exchange, convert, surrender or otherwise dispose of custodial property in the manner, at the time or times, for the price or prices and upon the terms he deems advisable. He may vote in person or by general or limited proxy a security which is custodial property. He may consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of an issuer, a security of which is custodial property, and to the sale, lease, pledge or mortgage of any property by or to such an issuer, and to any other action by such an issuer. He may execute and deliver any and all instruments in writing which he deems advisable to carry out any of his powers as custodian. With respect to any interest in real estate, he may perform the same acts that any unmarried adult could perform, including, but not limited to, the power to buy, sell, assign, transfer, convey, dedicate, partition, exchange, mortgage, create or redeem ground rents, deeds, grant or exercise options, effect and keep in force fire, rent, liability, casualty, and other insurance; make, execute, acknowledge, and deliver deeds, conveyances, mortgages, releases, leases, including leases for ninety-nine years renewable forever, and leases extending beyond the minority of the minor; collect rents; improve, subdivide, or develop property; construct, alter, demolish or repair property; settle boundary lines and easements; pay taxes; and protect assessments.

(7) The custodian shall register each security which is custodial property and in registered form in the name of the custodian followed in substance by the words: 'as custodian for ______ (name of minor)______ under the Uniform Gifts to Minors Act'. The custodian shall hold all money which is custodial property in an account with a broker or in an insured financial institution in the name of the custodian followed in substance by the words: 'as custodian for __________(name of minor) __________ under the Uniform Gifts to Minors Act'. The custodian shall keep all other custodial property separate and distinct from his own property in a manner to identify it clearly as custodial property.

(8) The custodian shall keep records of all transactions with respect to the custodial property and make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor, if he has attained the age of fourteen years.

(9) A custodian has, with respect to the custodial property, in addition to the rights and powers provided in this subarticle, all the rights and powers which a guardian has with respect to property not held as custodial property.

(10) If the subject of the gift is a life insurance policy or annuity contract, the custodian:

(a) In his capacity as custodian, has all the incidents of ownership in the policy or contract to the same extent as if he were the owner, except that the designated beneficiary of any policy or contract on the life of the minor shall be the minor's estate and the designated beneficiary of any policy or contract on the life of a person other than the minor shall be the custodian as custodian for the minor for whom he is acting;

(b) May pay premiums on the policy or contract out of the custodial property.

Section 20-7-190. Custodian's expenses, compensation, bond and liability. (1) A custodian is entitled to reimbursement from the custodial property for his reasonable expenses incurred in the performance of his duties.

(2) A custodian may act without compensation for his services.

(3) Unless he is a donor, a custodian may receive from the custodial property reasonable compensation for his services determined by one of the following standards in the order stated:

(a) A direction by the donor when the gift is made;

(b) A statute of this State applicable to custodians;

(c) The statute of this State applicable to guardians;

(d) An order of the court.

(4) Except as otherwise provided in this subarticle, a custodian shall not be required to give a bond for the performance of his duties.

(5) A custodian not compensated for his services is not liable for losses to the custodial property unless they result from his bad faith, intentional wrongdoing or gross negligence or from his failure to maintain the standard of prudence in investing the custodial property provided in this subarticle.

Section 20-7-200. Exemption from liability of person dealing with donor, custodian or successor custodian. No issuer, transfer agent, bank, life insurance company, broker or other person or financial institution acting on the instructions of or otherwise dealing with any person purporting to act as a donor or in the capacity of a custodian is responsible for determining whether the person designated as custodian by the purported donor or by the custodian or purporting to act as a custodian has been duly designated or whether any purchase, sale or transfer to or by or any other act of any person purporting to act in the capacity of custodian is in accordance with or authorized by this subarticle, or is obliged to inquire into the validity or propriety under this subarticle of any instrument or instructions executed or given by a person purporting to act as a donor or in the capacity of a custodian, or is bound to see to the application by any person purporting to act in the capacity of a custodian of any money or other property paid or delivered to him. No issuer, transfer agent, bank, life insurance company, broker or other person or financial institution acting on any instrument of designation of a successor custodian, executed as provided in subsection (1) of Section 20-7-210 by a minor to whom a gift has been made in a manner prescribed in this subarticle and who has attained the age of fourteen years, is responsible for determining whether the person designated by the minor as successor custodian has been duly designated, or is obliged to inquire into the validity or propriety under this subarticle of the instrument of designation.

Section 20-7-210. Designation of successor custodian; transfer of custodial property; removal of custodian. (1) Only an adult member of the minor's family, a guardian of the minor or a trust company is eligible to become successor custodian. A custodian may designate his successor by executing and dating an instrument of designation before a subscribing witness other than the successor, the instrument of designation may, but need not, contain the resignation of the custodian. If the custodian does not so designate his successor before he dies or becomes legally incapacitated, and the minor has attained the age of fourteen years, the minor may designate a successor custodian by executing an instrument of designation before a subscribing witness other than the successor. A successor custodian has all the rights, powers, duties and immunities of a custodian designated in a manner prescribed by this subarticle.

(2) The designation of a successor custodian as provided in subsection (1) takes effect as to each item of the custodial property when the custodian resigns, dies or becomes legally incapacitated, and the custodian or his legal representative:

(a) Causes the item, if it is a security in registered form, or a lite insurance policy or annuity contract, to be registered with the issuing insurance company in the case of a life insurance policy or annuity contract, or an interest in real property in the name of the successor custodian followed in substance by the words: 'as custodian for _______ (name of minor) _______ under the Uniform Gifts to Minors Act';

(b) Delivers or causes to be delivered to the successor custodian any other item of the custodial property, together with the instrument of designation of the successor custodian or a true copy thereof, and any additional instruments required for the transfer thereof to the successor custodian.

(3) A custodian who executes an instrument of designation of his successor containing the custodian's resignation as provided in subsection (1) shall promptly do all things within his power to put each item of the custodial property in the possession and control of the successor custodian name(l in the instrument. The legal representative of a custodian who dies or becomes legally incapacitated shall promptly do all things within his power to put each item of the custodial property in the possession and control of the successor custodian named in an instrument of designation executed as provided in subsection (1) by the custodian or, if none, by the minor if he has no guardian and has attained the age of fourteen years, or in the possession and control of the guardian of the minor if he has a guardian. If the custodian has executed as provided in subsection (1) more than one instrument of designation, his legal representative shall treat the instrument dated on an earlier date as having been revoked by the instrument dated on a later date.

(4) If a person designated as custodian or as a successor custodian by the custodian as provided in subsection (1) is not eligible, dies or becomes legally incapacitated before the minor attains the age of eighteen years and if the minor has a guardian, the guardian of the minor shall be successor custodian. If the minor has no guardian and if no successor custodian who is eligible and has not died or became legally incapacitated has been designated as provided in subsection (1), a donor, his representative, the legal representative of the custodian or an adult members of the minor's family may petition the court for the designation of a successor custodian. The provisions of this subsection shall not affect the power of a personal representative or trustee to appoint a custodian pursuant to items (g) and (h) of subsection (1) of 20-7-lt)0, or the power of an owner of a life insurance policy or annuity contract to appoint a successor custodian pursuant to subsection (4) of 20-7-160.

(5) A donor, the legal representative of a donor, a successor custodian, an adult member of the minor's family, a guardian of the minor or the minor, if he has attained the age of fourteen years, may petition the court that, for cause shown in the petition, the custodian be removed and a successor custodian be designated or, in the alternative, that the custodian be required to give bond for the performance of his duties.

(6) Upon the filing of a petition as provided in this section, the court shall grant an order, directed to the persons and returnable on such notice as the court may require, to show cause why the relief prayed for in the petition should not be granted and, in due course, grant such relief as the court finds to be in the best interests of the minor.

Section 20-7-220. Requiring custodian to account. (1) The minor, if he has attained the age of fourteen years, or the legal representative of the minor, an adult member of the minor's family or a donor or his legal representative may petition the court for an accounting by the custodian or his legal representative.

(2) The court, in a proceeding under this subarticle or otherwise, may require or permit the custodian or his legal representative to account and, if the custodian is removed, shall so require and order delivery of all custodial property to the successor custodian and the execution of all instruments required for the transfer thereof.

Section 20-7-230. Construction of subarticle. (1) This subarticle shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

(2) This subarticle shall not be construed as providing an exclusive method for making gifts to minors.

Section 20-7-240. Amendment of subarticle shall not affect prior gifts. No amendment to this subarticle shall be construed to adversely affect any gift legally made under its provisions in effect prior to the amendment.

SUBARTICLE 7

Legal Capacity of Minors

Section 20-7-250. Ratification after reaching majority of contracts made by minor must be in writing. No action shall be maintained whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy or upon any ratification after full age of any promise (except upon contracts for necessaries) made during infancy unless such promise or ratification shall be made by some writing signed by the party to be charged therewith.

Section 20-7-260. Minors have full legal capacity to borrow money for higher education. Notwithstanding any other provisions of law to the contrary, any person who, not having attained his majority, contracts to borrow money to defray the expenses of attending any institution of higher learning, shall have full legal capacity to act in his own behalf and shall have all the rights, powers and privileges and be subject to the obligations of persons of full age with respect to any such contracts.

Section 20-7-270. Married minors and their spouses may consent to diagnostic, therapeutic and postmortem procedures. The consent of a married minor or, if a married minor be unable to give consent by reason of physical disability, then the consent of the spouse of the married minor to the performance by any licensed medical, surgical or dental practitioners, or any hospital, or their agents or employees, of any lawful diagnostic, therapeutic, surgical or postmortem procedure upon or in respect to such minor or any minor child of such minor, shall, notwithstanding the minority of such minor, be valid and legally effective for all purposes and shall be binding upon such minor, his parents, spouse, heirs, executors and administrators as effectively as if such minor or the spouse of such minor were eighteen years of age.

Section 20-7-280. Minor sixteen years old or over may consent to health services other than operations. Any minor who has reached the age of sixteen years may consent to any health services from a person authorized by law to render the particular health service for himself and the consent of no other person shall be necessary unless such involves an operation which shall be performed only if such is essential to the health or life of such child in the opinion of the performing physician and a consultant physician if one is available.

Section 20-7-290. Certain health services may be rendered to minor of any age without consent of parent or guardian. Health services of any kind may be rendered to minors of any age without the consent of a parent or legal guardian when, in the judgment of a person authorized by law to render a particular health service, such services are deemed necessary unless such involves an operation which shall be performed only if such is essential to the health or life of such child in the opinion of the performing physician and a consultant physician if one is available.

Section 20-7-300. Minor parent may consent to health services for child. Any minor who has been married or has borne a child may consent to health services for the child.

Section 20-7-310. Consent shall not be subject to disaffirmance. Any consent given pursuant to this subarticle shall not be subject to disaffirmance because of minority when such minor reaches majority.

Section 20-7-320. Use or possession of alcoholic beverages by minor in home of parents or guardian, or for religious purposes is not unlawful. No provision of law prohibiting the use or possession of beer, wine, or alcoholic beverages by minors shall apply to any minor in the home of his parents or guardian or to any such beverage used for religious ceremonies or purposes so long as such beverage was legally purchased.

SUBARTICLE 9

Offenses Involving Minors

Section 20-7-330. Minor gaining admission to theater by falsely claiming to be eighteen. Any minor who gains admission to any theater by falsely claiming to be eighteen years of age or older shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than fifty dollars.

Section 20-7-340. Malicious injury to property by minor. When any unmarried minor under the age of seventeen years and living with his parent shall maliciously and intentionally destroy, damage or steal property, real, personal or mixed, the owner of such property shall be entitled to recover from such parent of such minor actual damages in a civil action court of competent jurisdiction in an amount not exceeding one thousand dollars; provided, however, that nothing herein contained shall in any way limit the application of the family purpose doctrine.

Section 20-7-350. Minors. It shall be unlawful for any person under eighteen years of age to loiter in any billiard or pocket billiard room or to play billiards or pocket billiards in any such billiard room unless accompanied by his parent or guardian or with the written consent of his parent or guardian. Any such person violating the provisions of this section or Chapter 11 of Title 52 or any billiard room proprietor or manager who shall permit such violation shall be punished by a fine of not less than ten nor more than one hundred dollars or be imprisoned not less than two days nor more than thirty days. In the event the keeper of a billiard room is of the opinion that any person desiring admission thereto is under the age of eighteen years he shall require such person to certify his age in writing. It shall be a misdemeanor, punishable by a fine of not less than twenty-five nor more than one hundred dollars, for any minor to make a false certificate as to his age or use a forged permit from his parent or guardian.

Section 20-7-360. Unlawful for persons under eighteen to play pinball machines. It shall be unlawful for any minor under the age of eighteen to play a pinball machine.

Section 20-7-370. Purchase of or possession by minor under eighteen years. It shall be unlawful for any minor under the age of eighteen years to purchase, or knowingly have in his possession any beer, ale, porter, wine or any other similar malt or fermented beverage. Any such possession shall be prima facie evidence that it was knowingly possessed. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars nor more than one hundred dollars or be imprisoned for not more than thirty days.

This section shall not apply to any employee lawfully engaged in the sale or delivery of any such beverage in an unopened container.

Section 20-7-380. Purchase or possession of liquor by minor; misrepresenting age for purpose of procuring liquor unlawful; penalty.

It shall be unlawful for any person under the age of twenty-one years to purchase, or knowingly have in his possession any alcoholic liquors Any such possession shall be prima facie evidence that it was knowingly possessed. It shall also be unlawful for any person to falsely represent his age for the purpose of procuring alcoholic liquors.

Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars nor more than one hundred dollars or be imprisoned for not more than thirty days.

ARTICLE 5

JURISDICTION

Section 20-7-390. Definitions. When used in this article, unless the context otherwise requires, 'child' means a person less than seventeen years of age, where the child is dealt with as a juvenile delinquent. Where the child is dealt with as a dependent or neglected child and in all other matters in which the court has jurisdiction, the term 'child' shall mean a person under twenty-one years of age.

Section 20-7-400. Exclusive original jurisdiction of family court. (A) Except as otherwise provided herein, the court shall have exclusive original jurisdiction and shall be the sole court for initiating action:

(1) Concerning any child living or found within the geographical limits of its jurisdiction:

(a) Who is neglected as to proper or necessary support or education as required by law, or as to medical, psychiatric, psychological or other care necessary to his well-being, or who is abandoned by his parent or other custodian;

(b) Whose occupation, behavior, condition, environment or associations are such as to injure or endanger his welfare or that of others;

(c) Who is beyond the control of his parent or other custodian;

(d) Who is alleged to have violated or attempted to violate any state or local law or municipal ordinance, regardless of where the violation occurred except as provided in Section 20-7-410;

(e) Whose custody is the subject of controversy, except in those cases where the law now gives other courts concurrent jurisdiction. In the consideration of these cases, the court shall have concurrent jurisdiction to hear and determine the issue of custody and support.

(2) For the treatment or commitment to any mental institution of a mentally defective or mentally disordered or emotionally disturbed child. Provided, that nothing herein is intended to conflict with the authority of probate courts in dealing with mental cases.

(3) Concerning any child seventeen years of age or over, living or found within the geographical limits of the court's jurisdiction, alleged to have violated or attempted to violate any State or local law or municipal ordinance prior to having become seventeen years of age and such person shall be dealt with under the provisions of this chapter relating to children.

(B) Whenever the court shall have acquired the jurisdiction of any child under seventeen years of age, jurisdiction shall continue so long as, in the judgment of the court, it may be necessary to retain jurisdiction for the correction or education of the child, but jurisdiction shall terminate when such child shall attain the age of twenty-one years.

(C) Within two days after the filing of a petition in the family court, alleging the child has committed the offense of murder or criminal sexual assault, the person executing such petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against such child as a criminal rather than as a child coming within the purview of this chapter. The judge of the family court is authorized to determine this request. In the event the request is denied, the petitioner shall have the right of appeal within five days to the circuit court. Upon the hearing of such appeal, the judge of the circuit court shall be vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. In case the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he shall issue an order to that effect and thereafter the family court shall have no further jurisdiction in the matter. Provided, that when jurisdiction is relinquished by the court in favor of another court, the court shall have full authority and power to grant bail, hold a preliminary hearing and any other powers as now provided by law for magistrates in such cases. Provided, further, that the provision of Section 20-7-830 dealing with the confidentiality of identity and fingerprints will not be applicable when jurisdiction is relinquished by the court.

Section 20-7-410. Jurisdiction of traffic violations by juveniles; reports of convictions. Notwithstanding any other provisions of this article, the magistrate courts, municipal courts and circuit courts of this State shall have concurrent jurisdiction with the family courts for the trial of persons under seventeen years of age charged with traffic violations when such courts would have jurisdiction of the offense charged if committed by an adult. The family court shall report all convictions of juveniles for moving traffic violations to the Department of Highways and Public Transportation as required by other courts of this State pursuant to Section 56-1 -330.

Section 20-7-420. Jurisdiction of family court in domestic matters. The family court shall have jurisdiction:

(1) To hear and determine matters which come within the provisions of the Uniform Reciprocal Enforcement of Support Act.

(2) To hear and determine actions:

For divorce a vinculo matrimonii, separate support and maintenance, legal separation, and in other marital litigation between the parties, and for settlement of all legal and equitable rights of the parties in such actions in and to the real and personal property of the marriage and attorneys' fees, if requested by either party in the pleadings.

(3) To hear and determine actions for the adoption of children.

(4) To hear and determine actions for termination of parental rights, whether such action is in connection with an action for adoption or apart therefrom.

(5) To hear and determine actions to determine the validity of marriages.

(6) To hear and determine actions for the annulment of marriage.

(7) To hear and determine actions to determine the legitimacy of children.

(8) To hear and determine actions for changing names, whether in connection with divorce or apart therefrom.

(9) To hear and determine actions for the correction of birth records.

(10) To consent to the enlistment of a minor in the military service or the employment of a minor, if a minor has no one standing in loco parentis to do so.

(11) To hear and determine proceedings within the county to compel the support of a spouse or child, whether legitimate or illegitimate.

(12) For the protection, guardianship and disposition of neglected or dependent minors in proceedings properly brought before it for the support of a spouse or child.

(13) In all cases or proceedings within the county against persons charged with failure to obey an order of the court made pursuant to authority conferred by law.

(14) To order support of a spouse or child, or both, irrespective of whether they are likely to become a public charge.

(15) To include in the requirements of an order for support the providing of necessary shelter, food, clothing, care, medical attention, expenses of confinement, both before and after the birth, the expense of educating his or her child and other proper and reasonable expenses.

(16) To require of persons legally chargeable with the support of a spouse or child, who are possessed of sufficient means or who are able to earn such means, the payment weekly, or at other fixed periods, of a fair and reasonable sum for such support, or as a contribution toward such support, according to the means of the persons so chargeable.

(17) To make all orders for support run until further order of the court, except that orders for support of a child shall run until the child is eighteen years of age or until the child is sooner married or becomes self-supporting or, where there are physical or mental disabilities of the child or other exceptional circumstances that warrant it, in the discretion of the court, during any period and beyond the child's minority as such physical or mental disabilities may continue.

(18) To make an order for support of a husband or wife and children by his or her spouse, even though he or she may have left the home, in cases where the spouse's conduct or condition or his or her cruel or inhuman behavior made it unsafe or improper for the deserting spouse to continue to live with him or her.

Such orders may require either spouse or any other party to the proceeding:

A. To stay away from the home or from the other or either spouse or children;

B. To permit either spouse to visit the children at stated periods;

C. To abstain from offensive conduct against the other spouse or either of them, or against the children;

D. To give proper attention to the care of the home;

E. To refrain from acts of commission or omission that tend to make the home not a proper place for the other, or either spouse, or the children.

(19) In furtherance of the complete disposition of cases in the jurisdiction of the court, to bring in and make parties to any proceedings pending in the court any person or persons charged with or alleged to be interfering with the marital relationship between a husband and wife, in violation of the law or of the rights of either party to the marriage, or whose presence to the proceedings may be found necessary to a complete determination of the issues therein, or the relief to which the parties thereto, or any of them, may be entitled; and shall have the power to enjoin and restrain such interference and to punish for contempt of court violations of such injunctions or restraining orders.

(20) To award the custody of the children, during the term of any order of protection, to either spouse, or to any other proper person or institution.

(21) To determine the manner in which sums ordered paid for support shall be paid and applied, either to a person through the court or through the clerk of court.

(22 ) To require a person ordered to support another to give security by a written undertaking that he will pay the sums ordered by the court for such support and, upon the failure of any person to give such security by a written undertaking when required by order of the court, to punish such person for contempt and, when appropriate, to discharge such undertaking.

(23) In lieu of requiring an undertaking, to suspend sentence and place on probation a person who has failed to support another as required by law, and to determine the conditions of such probation and require them to be observed; to revoke such suspension of sentence and probation, where circumstances warrant it; and to discharge a respondent from probation.

(24) To release on probation prior to the expiration of the full term a person committed to jail for failure to obey an order of the court, where the court is satisfied that the best interest of the family and the community will be served thereby.

(25) To modify or vacate any order issued by the court.

(26) To order either before, during or after a hearing a mental, physical and psychiatric examination as circumstances warrant.

(27) To exclude the public from the courtroom in a proper case.

(28) To send processes or any other mandates in any matter in which it has jurisdiction into any county of the State for service or execution in like manner and with the same force and effect as similar processes or mandates of the circuit courts, as provided by law.

(29) To compel the attendance of witnesses.

(30) To make any order necessary to carry out and enforce the provisions of this chapter, and to hear and determine any questions of support, custody, separation or any other matter over which the court has jurisdiction, without the intervention of a jury.

(A) He is residing or domiciled in the county or when such area is the matrimonial domicile of the parties; or

(B) He is not residing or domiciled in the area referred to in subsection (A), but is found therein at such time, provided the petitioner is so residing or domiciled at such time; or

(C) He is neither residing or domiciled nor found in such area but, prior to such time and while so residing; or domiciled, he shall have child and thereafter shall have failed to furnish such support, provided that the petitioner is so residing or domiciled at that time.

(32) The petitioner need not continue to reside or be domiciled in such area where the cause of action arose, as provided in subsections (A) and (B) of this section, if the conduct of the respondent has been such as to make it unsafe or improper for her to so reside or be domiciled, and the petitioner may bring action in the court of the jurisdiction wherein she is thusly residing or has become domiciled.

Section 20-7-430. Transfer of jurisdiction by certain courts over juveniles. Jurisdiction over a case involving a juvenile may be transferred in the following instances:

(1) If, during the pendency of a criminal or quasi-criminal charge against any minor in a circuit court of this State, it shall be ascertained that the minor was under the age of seventeen years at the time of committing the alleged offense, it shall be the duty of such court forthwith to transfer the case, together with all the papers, documents, and testimony connected therewith, to the family court of competent jurisdiction, except in those cases where the Constitution gives to the circuit court exclusive jurisdiction or in those cases where jurisdiction has properly been transferred to the circuit court by the family court under the provisions of this section. The court making such transfer shall order the minor to be taken forthwith to the place of detention designed by the court or to that court itself, or shall release such minor to the custody of some suitable person to be brought before the court at a time designated. The court shall then proceed as provided in this article. Notwithstanding any other provision of law, the provisions of this section shall be applicable to all offenses embraced therein, irrespective of whether such offenses may be directed solely at children coming within the scope of this article and shall likewise be applicable to such offenses as shall be created in the future unless the General Assembly shall specifically otherwise direct.

(2) Whenever a person is brought before a magistrate or city recorder and, in the opinion of the magistrate or city recorder, the person should be brought to the family court of competent jurisdiction under the provisions of this section, the magistrate or city recorder shall thereupon transfer such case to the family court and direct that the persons involved be taken thereto.

(3) When an action is brought in any county court or circuit court which, in the opinion of the judge thereof, falls within the jurisdiction of the family court, he may transfer the action thereto upon his own motion or the motion of any party.

(4) If a child sixteen years of age or older is charged with an offense which would be a misdemeanor or felony if committed by an adult and if the court, after full investigation, deems it contrary to the best interest of such child or of the public to retain jurisdiction the court may, in its discretion, acting as committing magistrate, bind over such child for proper criminal proceedings to any court which would have trial jurisdiction of such offense if committed by an adult.

(5) If a child fourteen or fifteen years of age who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a high and aggravated nature, arson, housebreaking, burglary, kidnapping, attempted criminal sexual conduct or robbery and is currently charged with a third or subsequent such offense, the court may after full investigation and hearing, if it deems it contrary to the best interest of such child or of the public to retain jurisdiction, acting as committing magistrate, bind over such child for proper criminal proceedings to any court which would have trial jurisdiction of such offenses if committed by an adult.

(6) Within two days after the filing of a petition in the family court alleging the child has committed the offense of murder or criminal sexual assault, the person executing such petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against such child as a criminal rather than as a child coming within the purview of this article. The judge of the family court is authorized to determine this request. In the event the request is denied, the petitioner shall have the right of appeal within five days to the circuit court. Upon the hearing of such appeal, the judge of the circuit court shall be vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. ln case the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he shall issue an order to that effect and thereafter the family court shall have no further jurisdiction in the matter.

(7) Once the family court relinquishes its jurisdiction over the child and the child is bound over to be treated as an adult, the provisions of Section 20-7-830 dealing with the confidentiality of identity and fingerprints will not be applicable.

(8) When jurisdiction is relinquished by the family court in favor of another court, the court shall have full authority and power to grant bail, hold a preliminary hearing and any other powers as now provided by law for magistrates in such cases.

Section 20-7-440. Removal. (A) The family court shall have exclusive jurisdiction over all proceedings held pursuant to this article.

(B) Upon investigation of a report received under Section 20-7-650 or at any time during the delivery of services by the agency, the local child protective services agency may petition the family court in its jurisdiction to remove the child from custody of the parent or guardian when the agency has probable cause to believe removal is necessary to protect the child's health or welfare.

(C) The petition shall contain a full description of the reasons why the child cannot be protected adequately in the custody of the parent or guardian, including a description of the condition of the child, any previous efforts to work with the parent or guardian, in-home treatment programs which have been offered and proven inadequate and the attitude of the parent or guardian toward placement of the child in an alternative setting. The petition shall also contain a statement of the harm the child is likely to suffer as a result of removal and a description of the steps that will be taken to minimize the harm to the child that may result upon removal.

(D) Upon receipt of a removal petition under this section, the family court shall schedule a hearing to be held within thirty days of the date of receipt to determine whether removal is necessary.

(E) A child shall not be removed from the custody of the parent or guardian unless the court finds that:

(1) The child has been physically injured as defined in Section 20-7-490 and there is a preponderance of the evidence that the child cannot be protected from further physical injury without being removed.

(2) The child has been endangered as otherwise defined in Section 20-7-490 and there is clear and convincing evidence that the child cannot be protected from further harm of the type justifying intervention without being removed.

(3) There is an alternative placement available but in no case shall the placement be a facility for detention of criminal or juvenile offenders.

(F) The petition for removal may include a petition for termination of parental rights under the jurisdiction conferred on the family court by the Family Court Act.

Section 20-7-450. Post conviction proceedings. Post conviction proceedings, including habeas corpus actions, shall be instituted in the court in which the original action was concluded; provided, however, that the family courts shall also have original jurisdiction of habeas corpus actions if the person who is the subject of the action would otherwise be within the jurisdiction of the family court.

Section 20-7-460. Power to issue writ of habeas corpus. Any judge shall have the power to issue a writ of habeas corpus to produce any person under the age of seventeen in court where necessary.

Section 20-7-470. Construction of article. This article shall be liberally construed to the end that families whose unity or well-being is threatened shall be assisted and protected, and restored if possible as secure units of law-abiding members; and that each child coming within the jurisdiction of the court shall receive, preferably in his own home, the care, guidance and control that will conduce to his welfare and the best interests of the State, and that when he is removed from the control of his parents the court shall secure for him care as nearly as possible equivalent to that which they should have given him.

ARTICLE 7

INTAKE

SUBARTICLE 1

General Provisions

Section 20-7-480. Purpose. Recognizing that abused and neglected children in South Carolina need protection, it is the purpose of this article to save them from injury and harm by establishing an effective reporting system and encouraging the reporting of children in need of protection; by establishing an effective system of services throughout the State to safeguard the well-being and development of endangered children and to preserve and stabilize family life, whenever appropriate; by establishing fair and equitable procedures, compatible with due process of law to intervene in family life with due regard to the safety and welfare of all family members and by establishing an effective system of protection of children from injury and harm while living in public and private residential agencies and institutions meant to serve them.

Section 20-7-490. Definitions. When used in this article and unless the specific context indicates otherwise:

(A) 'Child' means a person under the age of eighteen.

(B) 'Abused or neglected child' means a child whose physical or mental health or welfare is harmed or threatened with harm, as defined by items (C) and (D) of this section, by the acts or omissions of his parent, guardian or other person responsible for his welfare.

(C) 'Harm' to a child's health or welfare can occur when the parent, guardian or other person responsible for his welfare:

(1) Inflicts or allows to be inflicted upon the child physical or mental injury, including injuries sustained as a result of excessive corporal punishment, but excluding corporal punishment or physical discipline which meets each of the following guidelines:

(a) The physical aggression must be administered by a parent or person in loco parentis.

(b) It must be perpetrated for the sole purpose of restraining or correcting the child.

(c) The force or violence of the discipline must be reasonable in manner and moderate in degree.

(d) The force and violence of the discipline must not have brought about permanent or lasting damage to the child.

(e) The behavior of the parent must not be reckless or grossly negligent.

(2) Commits or allows to be committed against the child a sexual offense as defined by the laws of this State.

(3) Fails to supply the child with adequate food, clothing, shelter, education as required under Article 1 of Chapter 65 of Title 59, or health care though financially able to do so or offered financial or other reasonable means to do so. For the purpose of this chapter 'adequate health care' includes any medical or nonmedical remedial health care permitted or authorized under state law.

(4) Abandons the child, as defined by Section 20-7-1570.

(5) Encourages, condones or approves the commission of delinquent acts by the child and the commission of the acts are shown to be the result of the encouragement, condonation or approval.

(D) 'Threatened harm' means a substantial risk of harm, as defined by item (C).

(E) 'A person responsible for a child's welfare' includes the child's parent, guardian, foster parent, an employee of a public or private residential home, institution or agency, or other person legally responsible for the child's welfare in a residential setting.

(F) 'Physical injury' means death, disfigurement or impairment of any bodily organ.

(G) 'Mental injury' means a substantial impairment of the intellectual, psychological or emotional capacity of a child as evidenced by inhumane, or unconscionable acts and conduct. Provided, nothing herein shall be construed as prohibiting a person responsible for a child's welfare from imposing reasonable restrictions deemed necessary by such person for the intellectual, psychological or emotional well-being of the child by any of the following means or methods:

(1) Restrictions relating to attendance at amusements, concerts, social events or activities, or theaters;

(2) restrictions on amount of exposure to secular activities such as television, extra-curricular school activities or community recreational activities;

(3) instructions, directions, or mandates relating to public or private elementary and secondary education or attendance at churches or other places of religious worship.

(H) 'Institutional child abuse and neglect' means situations of known or suspected child abuse or neglect where the person responsible for the child's welfare is the employee of a public or private residential home, institution or agency.

(I) 'Protective Services Unit' means the unit established within the Department of Social Services which shall have prime responsibility for state efforts to strengthen and improve the prevention, identification and treatment of child abuse and neglect.

(J) 'Subject of the report' means any person reported under this chapter, including any child or parent, guardian or other person responsible for the child's welfare.

(K) 'Suspected report' means all initial reports of child abuse or neglect received pursuant to this article.

(L) 'Unfounded report' means a report made pursuant to this chapter for which there is no probable cause to believe that the child is abused or neglected. For the purposes of this article, it is presumed that all reports are unfounded unless the local child protective service agency determines otherwise.

(M) 'Indicated report' means a report of child abuse or neglect supported by facts which warrant a finding that abuse or neglect is more likely than not to have occurred.

(N) 'Probable cause' means facts and circumstances based upon accurate and reliable information, including hearsay, that would justify a reasonable person to believe that a child subject to a report under this article is abused or neglected.

(O) 'Local child protective service agency' means the agency in a county or contiguous counties having prime responsibility for local efforts to strengthen and improve the prevention, identification and treatment of child abuse and neglect.

(P) 'Child protective investigation' means any inquiry conducted by the local child protective service agency in response to a report of child abuse or neglect made pursuant to this article.

(Q) 'Dependent child' means a child under the age of eighteen years who has been deprived of parental support or care by reason of the death, continued absence from home or physical or mental incapacity of a parent and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece in a place of residence maintained by one or more of such relatives as his or their own home and who, if not granted aid, is likely to become a public charge or who would otherwise be deprived of proper support, care or training or a child under the age of twenty-one years who is attending high school or college or regularly attending a course of vocational or technical training;

(R) The term 'dependent child' shall also include a child (a) who would meet the requirements of subsection (1) except for his removal, after April 30, 1961, from the home of a relative, specified in subsection (1) as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child, (b) whose placement and care are the responsibility of the State agency and (c) who has been placed in a foster family home or child care institution as a result of such determination. The term foster family home' or 'child care institution' means a foster family home or child care institution for children which is licensed by the State; and

(S) 'Aid to dependent children or needy relative' means money payments with respect to or medical care in behalf of or any type of remedial care recognized under state law in behalf of a dependent child or dependent children, or a needy relative with whom any dependent child is living.

SUBARTICLE 3

Identification

Section 20-7-500. Persons or families needing assistance encouraged to seek it. Any person seeking assistance in meeting child care responsibilities may use the services and facilities established by this article, including the single statewide telephone number and local child protective services where available. Such persons shall be referred to appropriate community resources or agencies, notwithstanding whether the problem presented involves child abuse or neglect as defined by this article.

Section 20-7-510. Persons to report. (A) Any physician, nurse, dentist, optometrist, medical examiner or coroner, or any other medical, mental health or allied health professional, Christian Science practitioner, religious healer, school teacher or counselor, social or public assistance worker, child care worker in any day care center or child caring institution, police or law enforcement officer or any judge having reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect is required to report or cause a report to be made in accordance with this section.

(B) Except as provided in (A) of this section, any other person who has reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse and neglect may report in accordance with this section.

(C) Reports of child abuse or neglect made pursuant to this section may be made orally, by telephone or otherwise to the county department of social services, or in the alternative, to a law enforcement agency in the county where the child resides or is found.

(1) Where reports are made pursuant to this section to a law enforcement agency, it shall notify the county department of social services of its response to the report at the earliest possible time.

(2) Where a county or contiguous counties have established local child protective services, pursuant to Section 20-7-650, county department of social services shall immediately transfer reports pursuant to this section to the service.

Section 20-7-520. Mandatory reporting to a medical examiner or coroner; postmortem examinations. Any person required under subsection (A) of Section 20-7-510 to report cases of suspected child abuse or neglect, including workers of the local child protective service agency, who has reason to ,believe that a child has died as result of child abuse or neglect, shall report that fact to the appropriate medical examiner or coroner. Any other person who has reason to believe that a child has died as a result of child abuse or neglect may report that fact to the appropriate medical examiner or coroner. The medical examiner or coroner shall accept the report for investigation and shall report his findings to the appropriate law enforcement agency, circuit solicitor's office, the local child protective service agency or county department of social services and, if the institution making a report is a hospital, to the hospital.

Section 20-7-530. Photographs and x-rays. Any person required to report under Section 20-7-510 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, cause to be performed a radiological examination of the child without The consent of the child's parents or guardians. All photographs, negatives, and copies of them shall be sent to the appropriate local child protective service agency or county department of social services at the time a report pursuant to Section 20-7-510 is made, or as soon thereafter as possible.

Section 20-7-540. Immunity from liability. Any person required or permitted to report pursuant to this article 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 proceedings good faith shall be rebuttably presumed. Section 20-7-550. Abrogation of privileged communication. 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 priest and penitent, is abrogated and shall not constitute grounds for failure to report or the exclusion of evidence in any civil child protective proceeding resulting from a report pursuant to this article.

Section 20-7-560. Penalties. Any person required to report a case of child abuse or neglect, or any person required to perform any other function under this article, who knowingly fails to do so, or any person who threatens or attempts to intimidate a witness shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or be imprisoned for not more than

six months, or both.

Section 20-7-570. Application for aid. Any person having knowledge that any child is dependent and that the interest of such child or of the public requires that such child be granted aid may bring such fact to the attention of the county department in the county in which the dependent child has residence or to the state department by making application for aid on such blanks as the state department shall prescribe and supply, furnishing such information as is required thereon and is necessary for the proper administration of these purposes.

Section 20-7-580. County department shall investigate and make report. The county department shall make an investigation and examination of the circumstances of such child. Such investigation and examination shall be made in accordance with rules prescribed by the state department. A report of such investigation and examination shall be made in writing and shall become a part of the records of the county department.

Section 20-7-590. Grant of aid; appeal if aid denied. If such child is found to be in need, the county department shall grant such aid as may be necessary for the support of such child in his own home or in the home of one of his relatives as set forth in this article, in a manner compatible with decency and health. In case application for aid for a dependent child is rejected by the county department, appeal may be made to the state department as elsewhere provided in this article.

SUBARTICLE 5

Intervention by Law Enforcement Agencies

Section 20-7-600. Taking child into custody; notice to parents or others; release; transportation; peace officers' records. (a) When a child found violating any law or ordinance, or whose surroundings are such as to endanger his welfare, is taken into custody such taking into custody shall not be termed an arrest. The jurisdiction of the court shall attach from the time of such taking into custody. When a child is so taken into custody, such officers shall notify the parent, guardian or custodian of the child as soon as possible. Unless otherwise ordered by the court, the person taking the child into custody may release the child to a parent, a responsible adult, a responsible agent of a court approved foster home, group home, facility or program separate from any secure facility upon the written promise, signed by such person, to bring the child to the court at a stated time or at such time as the court may direct. Such written promise, accompanied by a written report by the officer, shall be submitted to the Department of Juvenile Placement and Aftercare as soon as possible. If such person shall fail to produce the child as agreed, or upon notice from the court, a summons or a warrant may be issued for the apprehension of such person or of the child.

(b) When a child is not released pursuant to subsection (a), the officer taking the child into custody shall immediately notify the authorized representative of the South Carolina Department of Juvenile Placement and Aftercare, who shall review the facts in the officer's report or petition and any other relevant facts and determine if there is a need for detention of the child. The officer's written report shall be furnished to the authorized representative of the Department of Juvenile Placement and Aftercare within twenty-four hours from the time the child was taken into custody and such report shall state: (1) the facts of the offense; and (2) the reason why the child was not released to the parent. Unless detention is necessary for the protection of the community or to serve the best interest of the child, the child shall be released by the authorized representative of the Department of Juvenile Placement and Aftercare to the custody of his parents or other responsible adult upon their written promise to bring the child to the court at a stated time or at such time as the court may direct. Provided, if the offense for which the child was taken into custody would be a felony the child may only be released by the authorized representative of the Department of Juvenile Placement and Aftercare with the consent of the officer who took the child into custody.

When the authorized representative of the Department of Juvenile Placement and Aftercare determines that detention is necessary, he shall make a diligent effort to place the child in an approved home, facility or program separate from any secure facility, when such alternatives are appropriate and available. The Department of Juvenile Placement and Aftercare shall provide to the court a list of appropriate facilities to be utilized for such placement. When the Department of Juvenile Placement and Aftercare determines that a secure facility is necessary, a child may only be detained in a facility which has sight and sound separation from adults. The Department of Juvenile Placement and Aftercare shall develop specific written criteria to use in determining: (1) whether detention is necessary for the protection of the community to insure an orderly court process or to serve the best interest of the child; and (2) whether a secure or non-secure facility is appropriate for detention of the child. The Department of Juvenile Placement and Aftercare shall provide the court and law enforcement agencies with a copy of such criteria. The Department of Juvenile Placement and Aftercare shall also evaluate these criteria using accepted research methods.

After January 1, 1982, a child who is taken into custody because of a violation of law which would not be a criminal offense under the laws of this State if committed by an adult shall not be placed in a detention facility.

If the authorized representative of the Department of Juvenile Placement and Aftercare has not released the child to the custody of his parents or other responsible adult, the court shall hold a detention hearing within forty-eight hours from the time the child was taken into custody, excluding Sundays and holidays, in accordance with rules of practice in a family court. At this hearing, the authorized representative of the Department of Juvenile Placement and Aftercare shall submit to the court a written report stating the facts surrounding the case and a recommendation as to the child's continued detention pending the adjudicatory and dispositional hearings.

Section 20-7-610. Emergency protective custody. (A) A law enforcement officer may take a child into protective custody without the consent of parents, guardians or others exercising temporary or permanent control over the child if:

(1) He has probable cause to believe that by reason of abuse or neglect there exists an imminent danger to the child's life or physical safety.

(2) Parents, guardians or others exercising temporary or permanent control over the child are unavailable or do not consent to the child's removal from their custody.

(3) There is not time to apply for a court order pursuant to Section 20-7-440.

(B) When an officer takes custody of child under this section he shall transport the child to a place previously designated for this purpose by the family court of the appropriate judicial circuit. In no case shall the place designated be a facility for the detention of criminal or juvenile offenders.

(C) When an officer takes custody of a child under this section he shall immediately notify the appropriate local child protective service agency and family court of the circuit and shall make every reasonable effort to notify the parent, guardian or other person exercising temporary or permanent control over the child of the place of custody. The notification shall,be in writing and shall include notice of the right to a hearing and right to counsel pursuant to this chapter.

(D) The local child protective service agency shall, upon such notification, commence a child protective investigation, including immediate attention to the protection of other children in the home, or other setting where the child was found. The agency shall then initiate a removal proceeding pursuant to Section 20-7-440 on or before the next working day in the appropriate family court. The family court shall schedule a pretrial hearing pursuant to the provisions of Section 20-7-440 to be held within ten days of the initiation of the proceedings. At the pretrial hearing, the court shall undertake to fulfill the requirements of Section 20-7-110, shall consider such matters as will promote a fair and expeditious trial, including a prima facie review of any emergency action taken or initiated in behalf of the child. The hearing to determine whether removal of custody is needed, pursuant to Section 20-7-440, shall be held within thirty days of the date of receipt of the removal petition.

(E) The family court may order ex parte that a child be taken into emergency protective custody without the consent of parents, guardians or others exercising temporary or permanent control over the child if:

(1) The family court judge determines there is probable cause to believe that by reason of abuse or neglect there exists an imminent danger to the child's life or physical safety; and

(2) Parents, guardians or others exercising temporary or permanent control over the child are unavailable or do not consent to the child's removal from their custody.

(F) If the court issues such an order it shall schedule a pretrial hearing pursuant to the provisions of Section 20-7-440 and pursuant to the requirements of subsection (D) within ten days after the child was placed in custody.

(G) During the pendency of the removal proceeding, any child placed pursuant to this section shall remain in such placement until removal proceedings have been concluded.

Section 20-7-620. Temporary detention of children. Provisions shall be made for a detention home or homes for the temporary detention of children, to be conducted by the court, or, subject to the approval and supervision of the court, by other appropriate public agency; or the court may arrange for the use of private homes for such detention, subject to the supervision of the court or other agency, or may arrange with any institution or agency to receive for temporary care and custody children within the jurisdiction of the court.

Section 20-7-630. Juvenile intake and probation services; review of recommendations as to intake; secrecy of files. Beginning July 1, 1978, the South Carolina Department of Juvenile Placement and Aftercare shall provide intake and probation services for juveniles brought before the family courts of this State and for persons committed or referred to the Department of Youth Services in cooperation with all local officials or agencies concerned. All recommendations by the Department of Juvenile Placement and Aftercare as to intake shall be reviewed by the office of the solicitor in the circuit concerned and the final determination as to whether or not the juvenile shall be prosecuted in family court shall be made by the solicitor or of his authorized assistant. Statements of the juvenile contained in the Department of Juvenile Placement and Aftercare files shall not be furnished to the solicitor's office as part of the intake review procedure nor shall the solicitor's office be privy to such statements in connection with its intake review.

SUBARTICLE 7

Intervention by Child Welfare Agencies

Section 20-7-640. Duties of the State Department of Social Services. (A) The Department of Social Services may maintain a toll-free number available to persons throughout the State for the referral of family-related problems, including:

(1) The reporting of known or suspected cases of child abuse or neglect.

(2) Other problems of a nature which may affect the stability of family life.

Such telephone service shall operate continuously:

Upon receipt of a call involving suspected abuse or neglect, the Department of Social Services shall transmit the full contents of the report to the appropriate local child protective service agency. Immediately upon transmitting the report the Department of Social Services shall destroy the contents of the suspected report.

Upon receipt of a call involving other problems, of a nature which may affect the stability of family life, the Department of Social services shall refer the call to the appropriate local child protective service agency or other service agency where appropriate.

(B) The Department of Social Services shall have within it a separate organizational unit administered within the Department with qualified staff and resources sufficient to fulfill the purposes and functions assigned to it by this article.

(C) State Department of Social Services responsibilities shall include, but not be limited to: assigning and monitoring initial child protection responsibility through periodic review of services offered throughout the State; assisting in the diagnosis of child abuse and neglect; coordinating referrals of known or suspected child abuse and neglect; measuring the effectiveness of existing child protection programs and facilitating research, planning and program development; and establishing and monitoring a statewide central registry for child abuse and neglect as hereinafter provided.

(D) The County Department of Social Services in each county is designated as the Child Protective Service Agency, whose duties are set forth in Section 20-7-650. The county in which the child resides shall be the legal place of venue; provided, that in conjunction with the powers enumerated in this section, each County Board of Social Services shall appoint an advisory board to be composed of resident professionals in the county in which the child resides in the fields of medicine, including nurses, education, health, social workers, members of the clergy and law enforcement officials, if available for the purpose of determining the course of protective action to be taken by the County Department of Social Services. These recommendations are to be deemed advisory only. These appointments to the advisory board shall be made in a nondiscriminatory manner.

Section 20-7-650. Duties of the local child protective agency.

(A) It is the purpose of this section to encourage the voluntary acceptance of any service offered by the child protective service agency in connection with child abuse and neglect, or any other problem of a nature affecting the stability of family life.

(B) The local child protective service agencies shall be adequately staffed with persons trained in the investigation of suspected child abuse and neglect and in the provision of services to abused and neglected children and their families.

(C) Within twenty-four hours of the receipt of a report of suspected child abuse or neglect, the agency shall commence an appropriate and thorough investigation to determine whether a report of suspected child abuse or neglect is 'indicated' or 'unfounded'. The finding shall be made no later than sixty days from the receipt of the report. In conducting the investigation if the facts so warrant the agency investigator may petition the family court of the appropriate judicial circuit for a warrant to inspect the premises and condition of the child subject of the report. The family court shall issue the inspection warrant upon probable cause to believe the child is abused or neglected, as defined by this article.

(D) Indicated findings shall be based upon a finding of the facts available to the agency that abuse or neglect is more likely than not to have occurred; whenever the facts available to the agency indicate a lesser finding, determinations shall be deemed 'unfounded'. Indicated findings shall include a description of the services being provided the child and those responsible for his care, as well as all relevant dispositional information.

(E) Copies of indicated investigations of abuse and neglect shall be communicated immediately to the statewide Central Registry. The agency shall maintain a local registry and reports of child abuse shall be maintained in one of three categories: Suspected, Unfounded or Indicated. All initial reports shall be deemed suspected. Reports of suspected abuse and neglect shall be maintained for no more than sixty days after the report was received by the agency. On or before the expiration of that time, they shall be converted into either unfounded or indicated reports, pursuant to the agency's investigation

(1) Indicated reports shall be maintained on the central and local registries only when accompanied by supplemental information as required under subsection (D).

(2) Unfounded reports shall be classified 'Unfounded by reason of insufficient evidence'.

(3) If no finding has been made by the agency after sixty days from the date a report was received, it shall be classified 'Unfounded for want of an investigation'.

(F) The names, addresses and all other identifying characteristics of all persons named in all unfounded reports shall be destroyed one year from the date that the last report has been determined to be unfounded; provided however, that all information in any such report which is unnecessary for auditing purposes shall be destroyed immediately upon a determination that such report is unfounded and the remailing information shall be kept confidential except for auditing purposes. The names, addresses, birth dates and all other identifying characteristics of all persons named in indicated reports shall be destroyed seven years from the date services are terminated.

(G) The local child protective service agency shall be 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 care or others exercising temporary or permanent control over such children. 'Services' shall not be construed to include emergency protective custody provide a for in Section 20-7-440.

(H) Where the agency initiates protective services in cases of indicated physical, mental or sexual abuse, it shall notify the family court of the jurisdiction of the services offered within one week after the initiation of such services. The family court shall schedule a hearing within ninety days after receipt of the notice to determine:

(1) Whether the agency had reasonable cause to initiate the protective services offered.

(2) Whether the services being offered are reasonable in light of the agency's justification for intervention.

(3) In all proceedings under this section the agency shall have the burden of proof by a preponderance of the evidence, except in cases where the agency has alleged mental injury, in which case the evidence must be clear and convincing.

(I) In cases where a report has been filed with the Central Registry, the outcome of these proceedings shall be communicated immediately by the agency to the Central Registry.

(J) If at any time after the initiation of protective services by the agency those receiving services indicate a refusal to cooperate, the agency shall withdraw. If the facts so warrant, the agency may petition the family court to invoke the jurisdiction of the court under the Family Court Act to intervene, but in no case shall the agency threaten such action to coerce participation.

(K) The agency shall cooperate with law enforcement agencies and the circuit solicitor within the area it serves and establish such procedures as it deems necessary to facilitate the referral of child protection cases to the child protective services agency. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the agency shall notify the appropriate law enforcement agency of those facts for police investigation.

(L) The agency shall actively seek the cooperation and involvement of all local public and private institutions, groups, and programs concerned with matters of child protection and welfare within the area it serves.

Section 20-7-660. Information training and publicity. (A) The Department of Social Services Protective Services and the local child protective services agencies shall, on a continuing basis, inform all persons required to report under this article of the nature, problem and extent of child abuse and neglect and of their duties and responsibilities in accordance with this article. The Department of Social Services and local agencies shall also, on a continuing basis, conduct training programs for local agency staffs as well as appropriate training for persons required to report under this article.

(B) The Department of Social Services Protective Services and the local child protective services agencies shall, on a continuing basis, inform the public of the nature, problem and extent of the child abuse and neglect and of the remedial and therapeutic services available to children and their families. The Department of Social Services and the local agencies shall also encourage families to seek help consistent with Section 20-7-500.

(C) The Department of Social Services Protective Services and the local child protective services agencies shall, on a continuing basis, actively publicize the appropriate telephone numbers to receive reports of suspected child abuse and neglect, including the twenty-four hour, statewide, toll-free telephone service and respective numbers of the local child protective services agencies. Section 20-7-670. Institutional abuse and neglect. (A) The Department of Social Services Child Protective Services shall be empowered to receive and investigate reports of institutional abuse and neglect and shall promulgate regulations consistent with this authority to investigate such reports and take remedial action, if necessary. In no case shall the Department of Social Services have responsibility for investigating allegations of abuse and neglect in institutions operated by the Department of Social Services.

The Department of Social Services shall take whatever steps it deems necessary to inform potential reporters of institutional abuse and neglect of its responsibilities under this section.

(B) Subject to the provisions of subsection (A), the State Law Enforcement Division is empowered to receive and investigate reports of institutional abuse and neglect alleged to have occurred in any institution operated by the Department of Social ServiceS and may promulgate regulations consistent with this authority to investigate such reports and take remedial action, if necessary. The agency shall take whatever steps it deems necessary to inform potential reporters of institutional abuse and neglect of its responsibilities under this section.

Section 20-7-680. Central Registry. (A) The purpose of this section is to establish a system for the identification of abused and neglected children and those who are responsible for their care, to provide a system for the coordination of reports concerning abused and neglected children and to provide data for determining the incidence and prevalence of child abuse and neglect in this State.

(B) The State Department of Social Services shall maintain a Central Registry of Child Abuse and Neglect within the Department of Social Services child protective services unit. The registry shall receive and maintain indicated reports of child abuse and neglect from county departments of social services and from local child protective service agencies and it shall transmit information to authorized persons and agencies as provided in Section 20-7-690.

(C) Local child protective service agencies shall transmit monthly any data required by the Department of Social Services for purposes of statistical analysis and data gathering, subject to the limitations imposed on identifying characteristics contained in subsections (E) and (F) of Section 20-7-650.

(D) The Department of Social Services shall furnish annually to the Governor and the General Assembly a report on the incidence and prevalence of child abuse and neglect in South Carolina, the effectiveness of services provided throughout the State to protect children from such harm and any other data deemed instructive. (E) The names, addresses, birthdates, and all other identifying characteristics of all persons named in indicated reports contained in the Registry shall be destroyed seven years from the date services are terminated.

Section 20-7-690. Confidentiality of reports and records; penalties. (A) All reports made pursuant to this article maintained by the State Department of Social Services, local child protective service agencies and the Central Registry of Child Abuse and Neglect shall be confidential. Any person who disseminates or permits the unauthorized dissemination of such information shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.

(B) Information contained in reports described in subsection (A) shall not be made available to any individual or institution except:

(1) Appropriate staff of the State Department of Social Services, local child protective services agencies and multidisciplinary evaluation teams empaneled by the agencies and law enforcement agencies investigating suspected cases of abuse and neglect.

(2) Any person who is the subject of a report, subject to the qualifications provided in subsection (C).

(3) Family courts conducting child abuse and neglect or child protective proceedings.

(4) Any person engaged in a bona fide research purpose, with written permission of the Commissioner of the State Department of Social Services, but no information regarding the names, addresses and other identifying characteristics of subjects of the report shall be made available to the researcher.

(5) Any person appointed as a child's guardian ad litem pursuant to Section 20-7-110.

(C) Any person who is the subject of a report made pursuant to this article shall be immediately notified of the fact that his name has been recorded by the State Department of Social Services, the local child protective services agency and, if applicable, the Central Registry of Child Abuse and Neglect. He shall also be informed of the findings of the investigation and whether or not his name has been destroyed in accordance with this article. Any person who is the subject of a report shall be informed of his right to inspect the report and any substantiating data or evidence and his right to challenge any part of its contents. The only details of the report which shall be withheld from the subject's knowledge or inspection are the name address, occupation and all other identifying characteristics of the reporter.

(D) For the purpose of this section, 'any person who is the subject of a report' shall mean the child and any person who is alleged or determined to have abused or neglected the child, who is mentioned by name in a report or finding.

Section 20-7-700. State Department shall cooperate with Federal Government and administer funds. The state department may cooperate with the federal government in the development of plans and policies for aid to dependent children. It shall administer all funds appropriated or made available for this purpose.

Section 20-7-710. Amount of grants. In granting aid for dependent children the amount granted shall not exceed thirty dollars per month for one child in any home, nor twenty-one dollars per month for each additional child in the same home, and shall not exceed thirty dollars per month for a needy relative with whom any dependent child is living. Provided, the State agency shall with respect to any month disregard (1) all of the earned income of each dependent child receiving aid to families with dependent children who is a full-time student to part-time student, who is not a full-time employee, attending a school, college, or university, or a course of vocational or technical training designed to fit him for gainful employment, and (2) in the case of earned income of a dependent child not included under item (1), a relative receiving such aid, and any other individual (living in the same home as such relative and child) whose needs are taken into account in making such determination, the first thirty dollars of the total of such earned income for such month plus one third of the remainder of such income for such month. Provided, further, that the provisions of this item shall not apply to earned income derived from participation on a project maintained under the programs established by Paragraph 432(b) (2) and (3) of the Federal Social Security Act. Provided, further, that within the limitations of the state appropriation the maximum amount per caretaker and per child may be increased not in excess of the amount which may hereafter be matched by the federal government.

Section 20-7-720. County department shall make estimate of amount needed for dependent children. Each county department shall prepare, as required by the state department, an estimate of the amount needed for dependent children in its county. Such estimate shall set forth the number of children being aided, with the amounts of grants to each individual child and such information or data as is necessary for the state department to estimate the probable increase or decrease during the next ensuing period. A copy of such estimates from the various county departments shall be furnished each member of the legislative delegation of the respective counties.

Section 20-7-730. Receipt and deposit of Federal funds for aid to dependent children. The State Treasurer shall receive and deposit in the State Treasury any federal funds allotted to the State under Paragraph 403 of Title IV of the Federal Social Security Act, or otherwise, for aid to dependent children. Such sums shall be kept by the State Treasurer in a dependent children's aid account.

ARTICLE 9

PROCEDURES FOR FAMILY COURTS

SUBARTICLE 1

Abused, Neglected and Delinquent Children

Section 20-7-740. Persons who may institute proceeding respecting neglected or delinquent child. The parent or custodian of any child, an official of a child welfare board, any public official charged by law with the care of the poor, the recognized agents of any duly authorized agency, association, society or institution, any person having knowledge or information of a nature which convinces such person that a child, is neglected or delinquent or that a child, by reason of its condition, environment or its own acts, is, in accordance with the provisions of Article 5, subject to the jurisdiction of the court or any person who has suffered injury through the delinquency of any such child or is concerned in its guardianship or adoption or an officer having an arrested child in charge may institute a proceeding respecting such child.

Section 20-7-750. Preliminary inquiry and, informal action by court; contents, verification, and filing of petition; investigation notice. Whenever any person informs the court that a child is with the purview of Article 5, the court shall make preliminary inquiry to determine whether the interest of the public or of the child requires that further action be taken. Thereupon, the court may make such informal adjustment as is practicable without a petition, or may authorize a petition to be filed by any person. The petition and all subsequent court documents shall be entitled:

'In the Family Court of _______ County.

In the Interest of __________, a child under seventeen years of age'

The petition shall be verified and may be upon information and belief. It shall set forth plainly: (1) the facts which bring the child within the purview of this chapter; (2) the name, age and residence of the child; (3) the names and residences of his parents; (4) the name and residence of his legal guardian, if there be one, of the person or persons having custody of or control of the child, or of the nearest known relative if no parent or guardian can be found If any of the facts herein required are not known by the petitioner the petition shall so state. Prior to the hearing of a case of any child, the judge shall cause an investigation of all the facts pertaining to the issue to be made. Such investigation shall consist of an examination of the parentage and surroundings of the child, his age, habits and history, and shall include also any inquiry into the home conditions, habits and character of his parents or guardian, if such is necessary in the discretion of the court. In such cases the court shall also, if advisable, cause the child to be examined as to his mentality by a competent and experienced psychologist or psychiatrist who shall make a report of his findings. Prior to the hearing in the case of any child, if such child attends school, there shall be obtained from the school which he attends a report concerning him. The school officials shall furnish such report upon the request of the court or its probation counselor. The court shall, when it is considered necessary, cause a complete physical examination to be made of the child by a competent physician. In any case, where the delinquency proceedings may result in commitment to an institution in which the child's freedom is curtailed the child or his parents or guardian shall be given written notice, with particularity of the specific charge or factual allegations to be considered at the hearing. Such notice shall be given as soon as practicable and sufficiently in advance to permit preparation. The child or his parent or guardian shall also be advised in such notice of their right to be represented by counsel and that, if they are unable to employ counsel, counsel will be appointed to represent them. In any such hearing, the parent and child shall likewise be so expressly informed and shall be specifically required to consider whether they do or do not waive the right of counsel.

Section 20-7-760. Service of summons, process or notice Service of summons and any process of the court shall be made as provided by law for service in the court of common pleas. Provided, that if the judge is satisfied that it is impracticable to serve personally the summons or the process, he may order service by registered or certified mail, addressed to the last known address, or by publication thereof, or both. It shall be sufficient to confer jurisdiction if service is effected at least forty-eight hours before the time fixed in the summons or process for the return thereof.

Service of summons, process or notice required by this chapter may be made by any suitable person under the direction of the court, and upon request of the court shall be made by any peace officer.

Section 20-7-770. Failure to obey summons or process; issuance of warrant. If any person summoned as herein provided shall, without reasonable cause, fail appear, he may be proceeded against for contempt of court. In case the summons or process cannot be serviced or the parties served fail to obey the same, or in any case when it shall be made to appear to the judge that the service will be ineffectual, or that the welfare of the child requires that he be brought forthwith into custody of the court, a warrant may be issued for the child, parent or guardian of the child, or any person who may have control or possession of the child, to immediately bring the child before the court.

Section 20-7-780. Conduct of hearings. All cases of children shall be dealt with as separate hearings by the court and without a jury. The hearings shall be conducted in an informal manner and may be adjourned from time to time. Stenographic notes or other transcript of the hearings shall be required only if the court so orders. The general public shall be excluded and only such persons admitted as the judge shall find to have a direct interest in the case or in the work of the court. The presence of the child in court may be waived by the court at any stage of the proceedings. Hearings may be held at any time or place within the county designated by the judge. In any case where the delinquency proceedings may result in commitment to an institution in which the child's freedom is curtailed the privilege against self-incrimination and the right of cross-examination shall be preserved. In all cases where required by law, the child shall be accorded all rights enjoyed by adults, and where not required by law the child shall be accorded such adult rights as shall be consistent with the best interests of the child.

Section 20-7-790. Rules for conduct of hearings; evidence, adjournment; temporary order for support. Hearings shall be conducted in accordance with the rules of court, and the court may reconsider and receive as evidence the result of any investigation had or made by the probation counselor; provided, that either party shall be entitled to examine the probation counselor under oath thereon. The court may adjourn the hearing from time to time for proper cause. Where a petitioner's needs are so urgent as to require it, the court may make a temporary order for support pending a final determination.

Section 20-7-800. Venue. Venue of actions in the family Courts shall be in such county as may be provided by law. Trial of such actions shall be in such county unless a change of venue is granted as provided by law.

Section 20-7-810. Appeals; effect of pendency of, or application for, appeal. In all cases in which the court shall have jurisdiction, the right of appeal shall be to the Supreme Court of the State in the same manner and pursuant to the same rules, practices and procedure that govern appeals from the circuit court. The pendency of an appeal or application therefor shall not suspend the order of the family court regarding a child, nor shall it discharge the child from the custody of that court or of the person, institution or agency to whose care such child shall have been committed; nor shall it suspend payments for support and maintenance of the wife and child.

Section 20-7-820. Appeals from family court. Notice of intention to appeal shall be served on the adverse party or his attorney as provided by law within ten days from notice of the filing of the ruling by the court.

Section 20-7-830. Records; confidential information, names and pictures of children shalt not be made public; fingerprints. The court shall make and keep records of all cases brought before it and shall devise and cause to be printed such forms for social and legal records and such other papers as may be required. The official juvenile records of the courts, the Department of Youth Services and the Department of Juvenile Placement and Aftercare shall be open to inspection only by consent of the judge to persons having a legitimate interest but shall always be available to the legal counsel of the juvenile. All information obtained and social records prepared in the discharge of official duty by an employee of the court, Department of Youth Services and Department of Juvenile Placement and Aftercare shall be confidential and shall not be disclosed directly or indirectly to anyone, other than the judge or others entitled under this chapter to receive such information unless and until otherwise ordered by the judge. Provided, however, that such records shall be open to inspection without the consent of the judge where the records are necessary to defend against an action initiated by a juvenile. The name, identity or picture of any child under the jurisdiction of the court, pursuant to this chapter, shall not be made public by any newspaper, radio or television station except as authorized by order of the court nor shall the fingerprints of any child be taken without an order from the judge; provided, however, that the Department of Youth Services may fingerprint a juvenile upon his commitment to a juvenile correctional institution; provided, further, such fingerprints shall remain confidential information and shall not be transmitted to files of the State Law Enforcement Division or the

SUBARTICLE 3

Child Support

Section 20-7-840. Persons who may file petition for support. Any interested persons may file a petition to the court requesting the court to order persons legally chargeable to provide support as required by law.

Section 20-7-850. Judge shall make reconciliation efforts; support order. Except where the circumstances indicate it to be undesirable, in all cases where an application for support has been made, an effort should be made by the judge to restore harmonious relations between the husband and wife and to adjust the issues raised by the application through conciliation and agreement. Where an agreement for the support of the petitioner is brought about, it must be reduced to writing and submitted to the court for approval. Where possible, the court shall see both parties and shall inquire of each whether the agreement, which he must state to them, is what they have agreed to. If it is, and the court shall approve it, the court without further hearing may thereupon enter an order for the support of the petitioner by the respondent in accordance with such agreement, which shall be binding upon the respondent and shall in all respects be a valid order as though it had been made after process has been issued out of the court. The court record shall show that such order was made upon agreement.

Section 20-7-860. Summons or rule to show cause concerning support; hearing. The court shall in a proper case issue a summons or rule to show cause, requiring the respondent to appear at the court at a time and place named, to show cause why the order for support prayed for by the petition shall not be granted. A summons or rule to show cause shall not be refused without giving the petitioner an opportunity to present witnesses and be heard by the court.

Section 20-7-870. Authority to issue warrant upon refusal to obey court order for support. Where a respondent shall neglect or refuse to obey an order for support or upon agreement signed by the respondent and approved by the court, and the court is satisfied thereof by competent proof, it may, with or without notice, issue a warrant to commit the respondent to jail until the order is obeyed or until the respondent is discharged by law.

Section 20-7-880. Issuance and service of warrants of arrest; temporary ex parte orders. When a petition is presented to the court and it shall appear:

(1) That the summons or rule to show cause cannot be served; or (2) That the respondent has failed to obey the summons or rule to show cause; or

(3) That the respondent is likely to leave the jurisdiction; or (4) That a summons or rule to show cause would be ineffectual; or

(5) That the safety of the petitioner is endangered; or

(6) That a respondent on bond or on probation has failed to appear, the court may issue a warrant, in the form prescribed in Section 20-7-890, directing that the respondent be arrested and brought before the court. Warrants and other processes may be served by any peace officer, or by the probation counselor. The court shall make rules relative to the service of warrants. Warrants issued by the court shall be valid throughout the State. The judge may issue ex parte orders for temporary child support, temporary custody and restraining orders where conditions warrant. Section 20-7-890. Form of arrest warrant. A warrant of arrest may be substantially in the following form:

'STATE OF SOUTH CAROLINA IN THE FAMILY COURT COUNTY OF _______ . ORDER

A petition for nonsupport having been filed against the above named respondent, ______ , and a showing having been made to the Court that there exists one or more of the grounds for issuance of a warrant for the arrest of the respondent contained in The Family Court Act. Now, therefore, it is

ORDERED that the Sheriff of________ County or any

lawful deputy arrest the above

named _______ an

her)

commit him) to the ____________________ county Jail or any other

she)

jail in the county to be held until he) can be brought before the Court or otherwise released in accordance with the law.

AND IT IS SO ORDERED

_____________________________________

Judge

_______________________

South Carolina'

Section 20-7-900. Proceedings where an arrest is made when the court is not in session. If a respondent is arrested under a warrant of the court at a time when the court is not in session, he shall be taken to the most accessible magistrate and arraigned before him The production of the warrant shall be evidence of the filing of proper information, and the magistrate shall thereupon hold the respondent admit him to bond, or parole him for trial before the court. Ali subsequent proceedings shall be had in the court.

Section 20-7-910. Bond for support in lieu of punishment. If the defendant in any proceeding brought under the provisions of Section 20-7-90, either before or after conviction, shall give bond, with one or more sureties approved by the clerk of the court, in the sum of not less than one hundred dollars nor more than three thousand dollars under such terms and conditions as the court in its discretion may deem wise and proper for the maintenance and support of the defendant's wife or minor unmarried child or children, he shall not be imprisoned or the fine imposed unless the condition of such bond is broken.

Section 20-7-920. Bond of respondent; conditions; failure to appear. If the respondent be admitted to bond, the condition of the undertaking shall be for his future appearance according to the terms thereof, or in default of such appearance, that the surety will pay the clerk of court a specified sum as therein set forth. Instead of entering into such an undertaking a respondent may deposit money in an amount to be fixed by the court. If the respondent fails to appear in accordance with the terms of the undertaking, the court shall enter the fact of such nonappearance upon the record, and the undertaking for his appearance, or the money deposited in lieu thereof, shall be forfeited and upon order of the court the sum recovered shall be applied by the clerk of the court for the benefit of the petitioner. However, the court may, in its discretion, remit such forfeiture.

Section 20-7-930. Authority to place respondent on probation after refusing to obey court order for support. In the case of a respondent who shall have neglected or refused to obey an order for support, the court may suspend sentence or the execution of the warrant, as the case may be, and place him or her on probation under such conditions as the court may determine. No person, however shall be placed on probation unless an order to that effect is made by the court.

Section 20-7-940. Authority to revoke probation. The court may at any time where circumstances warrant it, after a hearing, revoke the probation of a respondent.

Section 20-7-950. Enforcement or modification of orders of other courts; transfer of cases. Any family court shall have jurisdiction and authority to enforce or modify an order or decree of any other court respecting support of wife or children, custody of children and visitation upon an order from the court of original jurisdiction, transferring jurisdiction to such family court. Petition may be made by either party to the original action to transfer the cause to the family court of the county where the other party resides, or petition may be made by the family court of the county to which transfer is sought, if it appears that such transfer will serve the ends of justice. The court of original jurisdiction may transfer the cause in its discretion. SUBARTICLE 5

Uniform Reciprocal Enforcement of Support Act

Section 20-7-960. Short title. This subarticle may be cited as the 'Uniform Reciprocal Enforcement of Support Act'.

Section 20-7-970. Declaration of purpose. The purposes of this subarticle are to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto.

Section 20-7-980. Definitions. As used in this article unless the context requires otherwise: (1) 'State' includes any state, territory or possession of the United States and the District of Columbia in which this or a substantially similar reciprocal law has been enacted;

(2) 'Initiating state' means any state in which a proceeding pursuant to this or a substantially similar reciprocal law is commenced;

(3) 'Responding state' means any state in which any proceeding pursuant to the proceeding in the initiating state is or may be commenced;

(4) 'Court' means any court in this State having jurisdiction to determine the liability of persons for the support of dependents and, when the context requires, means the court of any other state as defined in a substantially similar reciprocal law;

(5) 'Law' includes both common and statute law;

(6) 'Duty of support;' includes any duty of support imposed or imposable by law, or by any court order, decree or judgment, whether interlocutory or final, whether incidental to a proceeding for divorce, judicial separation, separate maintenance or otherwise;

(7) 'Obligor' means any person owing a duty of support

(8) 'Obligee' means any person to whom a duty of support is owed;

(9) 'Registering court' means any court of this State in which the support order of the rendering state is registered;

(10) 'Register' means to file in the registry of foreign support orders as required by the court; and

(11) 'Certification' shall be in accordance with the laws of the certifying state.

Section 20-7-990. Department of Social Services designated as State information agency; duties. The State Department of Social Services is hereby designated as the state information agency under this subarticle, and it shall be its duty:

(1) To compile a list of the courts and their addresses in this State having jurisdiction under this subarticle and transmit such list to the state information agency of every other state which has adopted this or a substantially similar act; and

(2) To maintain a register of such lists received from other states, and to transmit copies thereof as soon as possible after receipt to every court in this State having jurisdiction under this subarticle.

Section 20-7-1000. Remedies are additional. The remedies provided in this subarticle are in addition to and not in substitution for any other remedies.

Section 20-7-1010. No jurisdiction of parties conferred in other proceedings. Participation in any proceedings under this subarticle shall not confer upon any court jurisdiction of any of the parties thereto in any other proceeding.

Section 20-7-1020. Manner of conducting proceedings. The court shall conduct proceedings under this subarticle in the manner prescribed by law for an action for the enforcement of the type of duty of support claimed.

Section 20-7-1030. Duties of support applicable to obligor. Duties of support applicable under this subarticle are those imposed or imposable under the laws of any state where the obligor was present during the period for which support is sought. The obligor is presumed to have been present in the responding state during the period for which support is sought until otherwise shown.

Section 20-7-1040. Duties of support applicable to obligor; obligor present in State. Duties of support arising under the law of this State, when applicable under Section 20-7-1030, bind the obligor, present in this State, regardless of the presence or residence of the obligee.

Section 20-7-1050. Duties of support are enforceable by complaint; jurisdiction of court. All duties of support are enforceable by complaint irrespective of the relationship between the obligor and obligee. Jurisdiction of all proceedings under this subarticle shall be vested in the court as defined in subsection (4) of Section 20-7-980.

Section 20-7-1060. State or political subdivision furnishing support may invoke subarticle. Whenever the State or a political subdivision thereof furnishes support to an obligee, it has the same right to invoke the provisions of this subarticle as the obligee to whom the support was furnished for the purpose of securing reimbursement of expenditures so made and of obtaining continuing support .

Section 20-7-1070. Complaint by legal custodian of minor obligee. A complaint on behalf of a minor obligee may be brought by a person having legal custody of the minor without appointment as guardian ad litem.

Section 20-7-1080. Counsel for plaintiff. The circuit solicitor, county solicitor, or county attorney, upon the request of the court, the Department of Social Services, or other local welfare representative, shall represent the plaintiff in any proceeding under this subarticle.

Section 20-7-1090. Verification and contents of complaint. The complaint shall be verified and shall state the name and, so far as known to the plaintiff, the address and circumstances of the defendant and his dependents for whom support is sought and all other pertinent information. The plaintiff may include in or attach to the complaint any information which may help in locating or identifying the defendant including, but without limitation by enumeration, a photograph of the defendant, a description of any distinguishing marks of his person, other names and aliases, if any, by which he has been or is known, the name of his employer, his fingerprints or Social Security number.

Section 20-7-1100. Transmitting complaint and other papers to responding state court. If the court of this State acting as an initiating state finds that the complaint sets forth facts from which it may be determined that the defendant owes a duty of support and that a court of the responding state may obtain jurisdiction of the defendant or his property, it shall so certify and shall cause three copies of (a) the complaint, (b) its certificate and (c) this subarticle to be transmitted to the court in the responding state. If the name address of such court is unknown and the responding state has an information agency comparable to that established in the initiating state it shall cause such copies to be transmitted to the state information agency or other proper official of the responding state, with a request that it forward them to the proper court, and that the court of the responding state acknowledge their receipt to the court of the initiating state.

Section 20-7-1110. Responding state court may order defendant to furnish support. If the court of the responding state finds a duty of support, it may order the defendant to furnish support or reimbursement therefor and subject the property of the defendant to such order.

Section 20-7-1120. Duties of court of this State on receipt of complaint and other papers from initiating state. When the court of this State, acting as a responding state, receives from the court of an initiating state the copies mentioned in Section 20-7-1100, it shall (a) docket the cause, (b) notify the solicitor of the circuit, the county solicitor or the county attorney, (c) set a time and place for a hearing and (d) take such action as is necessary in accordance with the laws of this State to obtain jurisdiction.

Section 20-7-1130. Inability of this State to obtain jurisdiction after receipt of complaint and other papers from initiating state. If a court of this State, acting as a responding state, is unable to obtain jurisdiction of the defendant or his property due to inaccuracies or inadequacies in the complaint or otherwise, the court shall communicate this fact to the court in the initiating state, shall on its own initiative use all means at its disposal to trace the defendant or his property, and shall hold the case pending the receipt of more accurate information or an amended complaint from the court in the initiating state.

Section 20-7-1140. This State acting as responding state, order of support shall not supersede previous support order in divorce or separate maintenance action. Any order of support issued by a court of this State when acting as a responding state shall not supersede any previous order of support issued in a divorce or separate maintenance action, but the amounts for a particular period paid pursuant to either order shall be credited against amounts accruing or accrued for the same period under both.

Section 20-7-1150. This State acting as responding state; transmitting of copies of support orders. The court of this State when acting as a responding state shall cause to be transmitted to the court of the initiating state a copy of all orders of support or for reimbursement therefor. Section 20-7-1160. This State acting as responding state; transmitting support payments and furnishing certified statements thereof. The court of this State when acting as a responding state shall have the following duties which may be carried out through the clerk of the court:

(1) Upon the receipt of a payment made by the defendant pursuant to any order of the court or otherwise, to transmit such payment forthwith to the court of the initiating state; and

(2) Upon request to furnish to the court of the initiating state a certified statement of all payments made by the defendant.

Section 20-7-1170. Court of this State acting as responding state may impose conditions assuring compliance with orders. In addition to the other powers conferred, by this subarticle, the court of this State when acting as the responding state has the power to subject the defendant to such terms and conditions as the court may deem proper to assure compliance with its orders and in particular:

(1) To require the defendant to furnish recognizance in the form of a cash deposit or bond of such character and in such amount as the court may deem proper to assure payment of any amount required to be paid by the defendant;

(2) To require the defendant to make payments at specified intervals to the clerk of the court or the obligee and to report personally to such clerk at such times as may be deemed necessary; and

(3) To punish the defendant who shall violate any order of the court to the same extent as is provided by law for contempt of the court in any other suit or proceeding cognizable by the court.

Section 20-7-1180. Rules of evidence. In any hearing under this subarticle, the court shall be bound by the same rules of evidence that bind juvenile or domestic relations courts or similar courts in this State wherein the strict or technical rules of evidence have been relaxed.

Section 20-7-1190. Communications between spouses are not privileged; competency of spouses. Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable to proceedings under this subarticle. Husband and wife are competent witnesses to testify to any relevant matter, including marriage and parentage.

Section 20-7-1200. Fees and costs; payment. A court of this State acting either as an initiating or responding state may in its discretion direct that any part of or all fees and costs incurred in this State, including without limitation by enumeration, fees for filing service of process, seizure of property, and stenographic service of both plaintiff and defendant, or either, shall be paid by the county. Where the action is brought by or through the State or an agency thereof, there shall be no filing fee.

Section 20-7-1210. Duty of court to receive and disburse payments. The court of this State when acting as an initiating state shall have the duty which may be carried out through the clerk of the court to receive and disburse forthwith all payments made by the defendant or transmitted by the court of the responding state.

Section 20-7-1220. Extradition of persons charged with failure to provide support. The Governor of this State (a) may demand from the governor of any other state the surrender of any person found in such other state who is charged in this State with the crime of failing to provide for the support of any person in this State and (b) may surrender on demand by the governor of any other state any person found in this State who is charged in such other state with the crime of failing to provide for the support of a person in such other state. The provisions for extradition of criminals not inconsistent herewith shall apply to any such demand although the person whose surrender is demanded was not in the demanding state at the time of the commission of the crime and although he had not fled therefrom. Neither the demand, the oath nor any proceedings for extradition pursuant to this section need state or show that the person whose surrender is demanded has fled from justice, or at the time of the commission of the crime was in the demanding or other state.

Section 20-7-1230. Obligor who submits to jurisdiction and provides support relieved of extradition. Any obligor contemplated by Section 20-7-1220, who submits to the jurisdiction of the court of such other state and complies with the court's order of support, shall be relieved of extradition for desertion or nonsupport entered in the courts of this State during the period of such compliance.

Section 20-7-1240. Obtaining body of defendant when court thinks he may flee jurisdiction. When the court of this State, acting

either as an initiating or responding state, has reason to believe that the defendant may flee the jurisdiction it may (a) as an initiating state request in its certificate that the court of the responding state obtain the body of the defendant by appropriate process if that be permissible under the law of the responding state or (b) as a responding state, obtain the body of the defendant by appropriate process .

Section 20-7-1250. Subarticle is applicable between counties. This subarticle is applicable when both the obligee and the obligor are in this State but in different counties. If the court of the county in which this petition is filed finds that the petition sets forth facts from which it may be determined that the obligor owes a duty of support and finds that a court of another county in this State may obtain jurisdiction of the obligor or his property, the clerk of the court shall send three certified copies of the current and effective order which provides for the payment of support in said case together with three copies of a certified statement by the clerk of court setting forth in such statement the total amount of support due and payable but remaining unpaid at the date of the forwarding to the court of the county in which the obligor or his property is found. The clerk of the court of the county receiving these copies shall notify the solicitor of the circuit, the county solicitor or the county attorney of their receipt. The solicitor or county attorney and the court in the county to which the copies are forwarded shall then have duties corresponding to those imposed upon them when acting for the State as a responding state.

Section 20-7-1260. Additional remedies where duty of support is based on foreign support order. If the duty of support is based on a foreign support order, the obligee has the additional remedies provided in the following sections.

Section 20-7-1270. Registration of foreign support order generally. The obligee may register the foreign support order in a court of this State in the manner, with the effect and for the purposes herein provided.

Section 20-7-1280. Registry of foreign support orders. The clerk of the court shall maintain a registry of foreign support orders in which he shall file foreign support orders.

Section 20-7-1290. Petition for registration; foreign support order is registered upon filing of complaint. The petition for registration shall be verified and shall set forth the amount remaining unpaid and a list of any other states in which the support order is registered and shall have attached to it a certified copy of the support order with all modifications thereof. The foreign support order is registered upon the filing of the complaint subject only to subsequent order of confirmation.

Section 20-7-1300. Procedure to obtain jurisdiction; defenses; default of obligor; hearing. The procedure to obtain jurisdiction of the person or property of the obligor shall be as provided in civil cases. The obligor may assert any defense available to a defendant in an action on a foreign judgement. If the obligor defaults, the court shall enter an order confirming the registered support order and determining the amounts remaining unpaid. If the obligor appears and a hearing is held, the court shall adjudicate the issues including the amounts remaining unpaid.

Section 20-7-1310. Effect and enforcement of support order. The support order as confirmed shall have the same effect and may be enforced as if originally entered in the court of this State. The procedures for the enforcement thereof shall be as in civil cases, including the power to punish the obligor for contempt as in the case of other orders for payment of alimony, maintenance or support entered in this State.

Section 20-7-1320. Construction. This subarticle shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

SUBARTICLE 7

Dispositional Powers of Family Court

Section 20-7-1330. Disposition of cases; notice of adjudication; procedures upon committing a child to an institution. When a child is found by the court to come within the provisions of Section 20-7400, the court shall so decree and in its decree shall make a finding of the facts upon which the court exercises its jurisdiction over the child. Upon such decree, the court may, by order duly entered, proceed as follows:

(a) Place the child on probation or under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the Court may determine. Probation shall mean casework services during a continuance of the case. Probation shall not be ordered or administered as punishment, but as a measure for the protection, guidance and well-being of the child and his family. Probation methods shall be directed to the discovery and correction of the basic causes of maladjustment and to the development of the child's personality and character, with the aid of the social resources of the community. The court may impose restitution or participation in supervised work or community service as a condition of probation Juvenile Placement and Aftercare, in coordination with local community agencies, shall develop and encourage employment of a constructive nature designed to make reparation and to promote the rehabilitation of the child. If the Court imposes as a condition of probation a requirement that restitution in a specified amount be paid, the amount to be paid as restitution may not exceed five hundred dollars. The Department of Juvenile Placement and Aftercare shall develop a system for the transferring of any court ordered restitution from the juvenile to the victim or owner of any property injured, destroyed or stolen.

(b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children or to place them in family homes, or under the guardianship of a suitable person. Such commitment shall be for an indeterminate period, but in no event shall continue beyond the child's twenty-first birthday.

(c) Cause any child concerning whom a petition has been filed to be examined or treated by a physician, psychiatrist or psychologist and for such purpose may place the child in a hospital or other suitable facility.

(d) Order such other care and treatment as the court may deem best, except as herein otherwise provided. In support of any order or decree, the court may require the parents or other persons having custody of the child, or any other person who has been found by the court to be encouraging, causing or contributing to the acts or conditions which bring the child within the purview of this chapter, to do or omit to do any acts required or forbidden by law, when the judge deems such requirement necessary for the welfare of the child. In case of failure to comply with such requirement, the court may proceed against such persons for contempt of court.

(e) Dismiss the petition or otherwise terminate its jurisdiction at any time, on the motion of either party or on its own motion.

No adjudication by the court of the status of any child shall be deemed a conviction, nor shall such adjudication operate to impose any of the civil disabilities ordinarily resulting from conviction, nor shall any child be charged with crime or convicted in any court, except as provided in subsection (6) of Section 20-7-430. The disposition made of a child, or any evidence given in the court, shall not operate to disqualify the child in any future civil service application or appointment.

Whenever the court shall commit a child to any institution or agency, it shall transmit with the order of commitment a summary of its information concerning the child, and such institution or agency shall give to the court such information concerning the child as the court may at any time require. Counsel of record, if any shall be notified by the court of any adjudication hereunder, and in the event there is no counsel of record, the child, its parents or guardian shall be notified of such adjudication by regular mail from the court to the last address of such child, its parents or guardian.

Section 20-7-1340. Payment for support of treatment of child. Whenever a child is committed by the court to custody other than that of his parents, or is given medical, psychological or psychiatric treatment under order of the court, and no provision is otherwise made by law for the support of such child or payment for such treatment, compensation for the care and treatment of such child when approved by order of the court, shall be subject to whatever provision may be made (for the financial of indigents) by the county where such child is a resident. The court may, after giving the parent a reasonable opportunity to be heard, order and decree that such parent shall pay, in such manner as the court may direct, such sum within his ability to pay as to cover in whole or in part the support and treatment of such child. If the parent shall wilfully fail or refuse to pay such sum, the court may proceed against him or her as for contempt.

Section 20-7-1350. Penalties for violations by adults. Any adult who wilfully violates, neglects or refuses to obey or perform any lawful order of the court, or who violates any provision of this chapter, may be proceeded against for contempt of court. Any adult found in contempt of court may be punished by a fine or by imprisonment on the public works of the county, or both fine and imprisonment, in the discretion of the court, but not to exceed imprisonment for one year or a fine of fifteen hundred dollars, or both.

SUBARTICLE 9

Administrative Matters of the Family Court

Section 20-7-1360. Judges; chief family court judges; employment of court reporter and secretary. A. Each family court shall have one or more family court judges who shall devote full time to their duties as judges, shall be prohibited from engaging directly or indirectly in the practice of law except in the performance of their judicial duties and shall be bound by the Code of Judicial Conduct.

B. One family court judge in each circuit shall be designated chief family court judge which designation shall be made by the Chief Justice of the Supreme Court. Such chief family court judge, in addition to his other judicial duties, shall perform such administrative duties as may be prescribed by the Chief Justice.

C. The family courts shall be courts of record, and each family court judge shall appoint a court reporter and a secretary who shall hold office at the pleasure of the judge. The court reporter shall take down and record the testimony and judge's rulings and charges, and transcribe such portion of the proceedings as may be required. The court reporter and the secretary shall perform such other duties as the judge may prescribe.

D. Records in the family court concerning juveniles shall be kept confidential as prescribed in Sections 20-7-690 and 20-7-830.

Section 20-7-1370. Qualifications and terms of judges; elections; vacancies. A. No person shall be eligible to the office of family court judge who is not at the time of his assuming the duties of such office a citizen of the United States and of this State, and has not attained the age of twenty-six years, has not been a licensed attorney at law for at least five years, and has not been a resident of this State for five years next preceding his election, and is not a resident of the circuit wherein the family court of which he is a judge is located. Notwithstanding any other provision of law, any former member of the General Assembly may be elected to the office of family court judge.

B. Except for their initial terms, family court judges shall be elected by the General Assembly for terms of four years and until their successors are elected and qualify.

C. Upon the implementation of this act, where there are four judges to be elected initially in a circuit, two judges shall be elected for terms to expire March 1, 1980, and two judges shall be elected for terms to expire March 1, 1981; where there are three judges to be elected initially in a circuit, one judge shall be elected for a term to expire March 1, 1980, and two judges shall be elected for terms to expire March 1, 1981; where there are two judges to be elected initially, one judge shall be elected for a term to expire March 1, 1980, and one shall be elected for a term to expire March 1, 1981; where there is one judge to be elected initially, such judge shall be elected for a term to expire March 1, 1981. Where more than one judge from a circuit is to be elected initially, the length of their initial terms shall be determined by lot.

D. For the purpose of electing family court judges, if more than one judge is to be elected from a circuit, each judgeship in that circuit shall be serially numbered beginning with the number (1) and the General Assembly shall elect a judge for each such judgeship. Any candidate for the office of family court judge in a circuit shall specifically file and run for a serially-numbered judgeship in that circuit.

E. When a vacancy occurs for an unexpired term in an office of family court judge, the Governor, upon recommendation of the Chief Justice, shall commission a temporary family court judge to fill such vacancy until such time as the General Assembly shall elect a successor who shall serve for the remainder of the unexpired term. Such temporary family court judge shall receive as compensation for his services the salary paid to a regular family court judge and in addition thereto shall also receive the subsistence and mileage as authorized by law for family court judges.

Section 20-7-1380. Compensation of family court judges. Family court judges shall receive such compensation as shall be provided by the General Assembly. The compensation of a family court judge shall not be reduced during his term of office. All family court judges shall also receive such subsistence and mileage as may be authorized by law for circuit court judges while holding court without the county in which the judge resides.

Section 20-7-1390. Rotation of judges. All family court judges in a circuit, including the chief family court judge, shall rotate among all counties in the circuit as directed by the chief family court judge under the direction and supervision of the Chief Justice.

Section 20-7-140. Assignment of cases to judges. If two or more family court judges are presiding in the same county at the same time, the chief family court judge shall make assignments of the cases in such county to those judges.

Section 20-7-1410. Initial election of judges; additional judgeships. The General Assembly shall elect initially one family court judge for the Sixth Judicial Circuit; two family court judges for the First, Second, Third, Fourth, Eighth, Tenth, Eleventh, Fourteenth Fifteenth and Sixteenth Judicial Circuits; three family court judges for the Fifth, Seventh and Twelfth Judicial Circuits and four family court judges for the Ninth and Thirteenth Judicial Circuits; provided. however, that in the following judicial circuits at least one family court judge shall be a resident of each county in the circuit; fifth, seventh, ninth, tenth, twelfth, thirteenth, fifteenth and sixteenth; provided, further, that in those judicial circuits, except for the sixth circuit, made up of three or more counties at least one family court judge shall be a resident of one of the counties which does not have the largest population in the circuit.

In addition to the judges provided for above in this section, effective July 1, 1977, there shall be one additional family court judgeship created for the Third, Fifth, Eighth, Tenth, Eleventh and Fourteenth Judicial Circuits.

In addition to the judges provided for in this section, effective July 1 1978, there shall be an additional family court judgeship created for the fourth and sixth judicial circuits; provided, however, that no county in the sixth circuit shall have more than one resident family court judge.

Section 20-7-1420. Temporary assignment of judges. The Chief Justice, in his discretion and based upon caseload requirements and need, may temporarily assign a family court judge to preside in another circuit other than the one in which he is a resident.

Section 20-7-1430. Retirement benefits of abolished officers. A judge or master whose judicial office is eliminated by the provisions of this act shall be given credit for state retirement purposes for the time in which he served as judge or master under a formula to be determined by rule and regulation of the State Budget and Control Board.

Section 20-7-1440. Fees, costs and allowances. In delinquency, dependency and neglect actions, no court fee shall be charged against, and no witness fee shall be allowed to any party to a petition. No officer of the State or of any political subdivision thereof shall be entitled to receive any fee for the service of process or for attendance in court in any such proceeding, except that in divorce proceedings such officer shall be allowed such fee as is now provided by law. All other persons acting under orders of the court may be paid for services or service of process the fees provided by law for like services in cases before the circuit court, to be paid from the appropriation provided when the allowances are certified to by the judge.

The sheriff, municipal police, constable or any peace officer shall serve all papers in such cases without costs, except as noted above.

In actions for support for the spouse or dependent children, when

paid through the court and not directly, the court shall assess costs against the party required to pay such support in the amount of three percent thereof, which costs shall be in addition to the support money paid

Section 20-7-1450. Cooperation of societies and agencies; duty of counties and towns to assist. The court is authorized to seek the cooperation of all societies or organizations, public or private, having for their object the protection or aid of delinquent or neglected children, to the end that the court may be assisted in every reasonable way to give to all such children the care, protection and assistance which will conserve the welfare of such children. It is made the duty of every county, town or municipal official or department to render such assistance and cooperation within his or its Jurisdictional power to further the objects of this chapter. All institutions, associations or other custodial agencies in which any child may be, coming within the provisions of this chapter, are required to give such information to the court, or any of the officers appointed by it, as the court or officers may require for the purposes of this chapter.

Section 20-7-1460. Judicial circuit family courts created. There hereby are created courts of limited jurisdiction to be known and designated in this title as 'family courts'. The number and boundaries of such family courts shall be the same as the judicial circuits. Each court shall bear the name of 'The Family Court of ________ Judicial Circuit'.

Section 20-7-1470. Prosecutorial functions and duties vested in solicitors. All prosecutorial functions and duties in the family courts shall be a responsibility of and be vested in the solicitor of the circuit wherein the court is located.

Section 20-7-1480. Administration of family court system. The Supreme Court by rule shall provide for the administration of the family court system.

Section 20-7-1490. Physical facilities for family courts; juvenile intake and probation services to be provided by Department of Juvenile Placement and Aftercare. Each county shall provide sufficient physical facilities for the operation of the statewide family court system in that county. On July 1, 1978, the South Carolina Department of Juvenile Placement and Aftercare shall provide juvenile intake and probation services to the family courts of this State as provided in Section 20-7-630.

Section 20-7-1500. Expenses of family courts The General Assembly shall in the annual general appropriations act provide for the salaries, equipment and supplies of family court judges and the court reporters and secretaries authorized by the provisions of subsection (C) of Section 20-7-1360. All other costs necessary for the operation of the family court system in a county including the salaries of necessary support personnel shall be provided for by the governing body of that county.

Section 20-7-1510. Disposition of fines, forfeitures and other revenues. Except for those drug fines and forfeitures remitted to the Department of Mental Health as provided in Section 44-53-580, and except for those fines and forfeitures for game or fish law violations used for the purposes enumerated in Sections 50-1-150 and 50-1-170, on July 1, 1977, three-fourths of all costs, fees, fines, penalties, forfeitures and other revenues generated by the circuit courts and the family courts established by this act shall be paid over to the county in which the proceeding is instituted and one-fourth of such revenues shall be remitted to the State for use in deferring the costs of the unified court system. The provisions of this section shall specifically not apply to any fine, penalty, forfeiture or other revenue generated in the magistrates' or municipal courts of this State.

ARTICLE 11

DISPOSITION OF CASES BEFORE THE FAMILY COURT

SUBARTICLE 1

Special Custody Provisions

Section 20-7-1520. Religious faith shall be considered in determining custody. In placing the child in the custody of an individual or a private agency or institution, the court shall, whenever practicable, select a person or an agency or institution governed by persons of the same religious faith as that of the parents of such child, or, in case of a difference in the religious faith of the parents, then of the religious faith of the child, or, if the religious faith of the child is not ascertainable, then of the faith of either of the parents.

Section 20-7-1530. Manner in which custody of minors may be disposed of. The father of any child under the age of eighteen years and not married, if the mother be dead, or the mother of any such child, the father being dead, whether such father or mother be under the age of eighteen years or of full age, may by deed executed and recorded according to law or by last will and testament, made and child for and during such time as he remain under the age of eighteen years to any person, in possession or remainder. But no such deed shall be valid unless signed by both father and mother, if both be living and no such deed, except a deed to an agency or department of this State authorized by law to receive or place the custody of children, shall be of any effect unless approved by a court of common pleas of this State, or judge thereof, upon petition therefor.

Nothing herein shall be construed to abrogate, lessen or interfere with the right and duty of a court of competent jurisdiction at any time to transfer and assign the custody of a child for its best interest.

Section 20-7-1540. Persons against whom disposition of custody shall be valid. Such disposition of the custody of such child shall be good and effectual against all and every person claiming the custody of such child as guardian in socage or otherwise.

Section 20-7-1550. Custodian may maintain action for recovery of children and damages. Any person to whom the custody of any child has been so disposed or devised may maintain an action against any person who shall wrongfully take away or detain such child, for the recovery of such child and may recover damages for the same in such action for the use and benefit of such child.

SUBARTICLE 3

Termination of Parental Rights to Abandoned or Abused Children

Section 20-7-1560. Declaration of purpose. The purpose of this subarticle is to establish procedures for the reasonable and compassionate termination of parental rights where children are severely abused or abandoned in order to protect the health and welfare of such children and make them eligible for adoption by persons who will provide a suitable home environment and the love and care necessary for a happy, healthful and productive life.

Section 20-7-1570. Description of abandoned or abused child. For the purposes of this subarticle, an abandoned child shall be:

(1) A child whose parents have wilfully failed to visit or have wilfully failed to support or make payments toward his support for six consecutive months immediately preceding institution of an action or proceeding to declare the child to be an abandoned child; or

(2) When as the result of a petition filed in a court of competent jurisdiction:

(a) The court has previously found a child to be a dependent or neglected child, has removed the child from the home of the parents and placed the child in the temporary custody of the South Carolina Department of Social Services, the children's Bureau or the licensed child-placing agency and for a period of six months the Department or agency has given consistent help to the parents in an effort to establish a suitable home for the child, and thereafter the court finds that the parents have made no effort even with help to provide a suitable home, have shown no concern as to the child's welfare and have failed to achieve a degree of personal rehabilitation as would indicate that at some future date they would provide a suitable home for the child; or

(b) The parent has been judicially determined to be mentally ill or mentally retarded to such an extent that he or she can never function as a parent; or

(c) It is determined that the presumptive legal parent is not the natural parent of the child, and the welfare of the child can best be served by termination of his rights.

An abused child shall mean a child who it is determined has been severely battered or otherwise physically abused and the pattern of the abuse indicates that the safety of the child would be seriously endangered unless parental rights are terminated and the child be made eligible for adoption.

Section 20-7-1580. Summons and Petition; hearing. When a child is voluntarily abandoned for a period in excess of six months, or has been neglected or severely abused in the manner described in item (2) of Section 20-7-1570, the agency or an interested party may petition a court of competent jurisdiction in the county in which the child resides for an order determining whether or not the child has been abandoned or severely abused.

Section 20-7-1590. Order terminating parental or guardianship rights. If the court shall determine after the hearing that the child concerned, either voluntarily or through neglect, has been abandoned for a period in excess of six months or severely abused, it may issue an order forever terminating parental or guardianship rights to such child, award custody to such person or agency as it deems proper and the child shall be eligible for adoption.

Section 20-7-1600. Petition for restoration of parental rights. Natural parents whose parental rights have been terminated pursuant

to this subarticle may petition on the court in which they were terminated for restoration of such rights after the lapse of six months following termination unless the child has been placed in an adoptive home selected by the agency concerned. When the child has been placed or an adoption petition is pending, the court shall not grant a restoration of terminated parental rights. The welfare of the child shall in all cases be the primary factor in any determination to restore parental rights which have been terminated by a court proceeding

Section 20-7-1610. Effect of subarticle on general adoption laws. The provisions of this subarticle shall not, except as specifically provided herein, modify or supersede the general adoption laws of this State.

SUBARTICLE 5

Foster Care

Section 20-7-1620. 'Foster care' defined. As used in this subarticle and subarticle 5 of Article 13 of this chapter 'foster care' shall include foster family, institutional, and group home care.

Section 20-7-1630. Powers and duties of local boards. The functions and powers of the local review boards shall be as follows:

(1) To review every six months cases of children who have resided in public or private foster care for a period of more than six months to determine what efforts have been made by the supervising agency or child caring institution to acquire a permanent home for such child.

(2) To encourage and facilitate the return of all such children to their natural parents or, upon a determination that such return is not in the best interest of the child, to initiate such procedures pursuant to law as would make the child eligible for adoption or direct the appropriate agency to take such action followed by a maximum effort to place the child adoptively.

(3) To promote and encourage all agencies and institutions involved in placing children in foster care to place children with persons both suitable and eligible as adoptive parents.

(4) To advise foster parents of their right to petition the appropriate court for the termination of parental rights and the right of adoption for any child who has been in their care for a period of more than six months and to encourage such foster parents to initiate such proceedings in an appropriate case.

(5) To direct a child-caring institution or agency and exert all possible efforts to make arrangements for permanent foster care or guardianship for children for whom return to natural parents or adoption is determined to be unfeasible or impossible.

(6) To report to the State Office of the Department of Social Services and other adoptive or foster care agencies and institutions deficiencies in such agencies' efforts to secure permanent homes for children discovered in the board's review of such cases as provided for in item (1) of this section.

Section 20-7-1640. Right to hearing and appeal; notice of intent not to comply with review board decision relating to permanent placement of child. Any person or agency aggrieved by an action or decision of a local review board may request and shall receive a hearing before the board and thereafter may seek relief by petition to the circuit court, county court or family court of that county and rule to show cause why the action or decision of the local review board should not be set aside or modified. After having received a hearing before the board, if a child-caring institution or agency does not plan to comply with the review board decision relating to permanent placement of a child in its care, such child-caring institution or agency shall notify the local review board within twenty-one days after receipt of the decision.

SUBARTICLE 7

Adoption

Section 20 7-1650. Definitions. As used in this subarticle and subarticle 9 of Article 11 of this chapter, unless the context otherwise requires, 'child' means any minor person, and 'agency' means any person, authority or agency legally empowered to place children for adoption.

Section 20-7-1660. Children who may be adopted. 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.

Section 20-7-1670. Persons eligible to adopt child. The following persons are eligible to adopt a child:

(a) A husband and wife jointly, or either the husband or wife if the other spouse is a parent of the child.

(b) An unmarried person who is at least of legal age.

(c) A married person at least of legal age who is legally separated from the other spouse.

(d) The unmarried father or mother, regardless of his or her age, of his illegitimate child.

Section 20-7-1680. Jurisdiction and venue; adoption by nonresidents. Proceedings for adoption by bona fide residents of the State of South Carolina may be brought in the court of common pleas in which the petitioner resides or in such court of the county having concurrent jurisdiction with the court of common pleas or may be brought in such courts in the county in which the child resides. Courts may also order a change of venue as in other civil actions in this State Provided, under unusual or exceptional circumstances the court in its discretion may permit nonresidents to adopt a child, in which case the proceedings shall be brought in the county where the child resides or where the agency having custody of the child is located.

Section 20-7-1690. Child shall be served with a copy of petition appointment of guardian ad litem. Before any hearing shall be had on such a petition the child so sought to be adopted and whose name is sought to be changed shall be served with a copy of the petition and a guardian ad litem for such child shall be appointed as in other civil actions.

Section 20-7-1700. Service of summons and petition. The summons and petition in adoption proceedings shall be served in the manner prescribed by law for personal service of summons in civil actions, or, if service cannot be had in this manner, such service may be made by publication and mailing as provided by law for civil actions affecting real property or decree of divorce.

Section 20-7-1710. Written consent required. An adoption of a child may be decreed when there have been filed written consents to adoption executed, by:

(a) Both parents, if living, of the surviving parent, 'regardless of age' of a legitimate child; provided, that consent shall not be required from one whose parental rights have been judicially terminated or from one who has been made a party to the adoption proceedings and duly served; or

(b) If the child is illegitimate, the mother, regardless of age, and the child's natural father, if he has consistently on a continuing basis exercised rights and performed duties as a parent; provided that consent shall not be required if such father has been made a party of the adoption proceeding and duly served or when parental rights have been judicially terminated; or

(c) The legal guardian of the person of the child if both parents are dead or if the rights of the parents have been terminated by judicial proceedings and such guardian has authority by order of the court appointing him to consent to the adoption; or

(d) The executive head of an agency if both parents are dead or if the child has been relinquished for adoption to such agency or if the rights of the parents have been judicially terminated and custody of the child had been legally vested in such agency with authority to consent to adoption of the child; or

(e) Any person having legal custody of a child by court order if the parental rights of the parents have been judicially terminated, but in such case the court having jurisdiction of the custody of the child must consent to adoption, and a certified copy of its order shall be attached to the petition.

Section 20-7-1720. Withdrawal of consent. Withdrawal of any consent, filed in connection with a petition for adoption hereunder, shall not be permitted except by order of the court after notice and opportunity to be heard is given to all parties concerned. If it finds that the best interest of the child will be furthered thereby, the court may issue a written order permitting the withdrawal of such consent. The entry of the interlocutory or final decree of adoption renders any consent irrevocable.

Section 20-7-1730. Contents of petition for adoption; filing of written consent. (a) A petition for adoption shall be filed in duplicate, verified by the petitioners, and shall specify:

(1) The full names, ages and place of residence of the petitioners, and, if married, the place and date of the marriage. (2) When the petitioners acquired, or intend to acquire, custody of the child and from what person or agency.

(3) The date and place of ,birth of the child, if known.

(4) The name used for the child in the proceeding, and if a change in name is desired, the new name.

(5) That it is the desire of the petitioners that the relationship of parent and child be established between them and the child.

(6) A full description and statement of value of all property owned or possessed by the child.

(7) Facts, if any, which excuse consent on the part of a parent to the adoption.

(b) One copy of the petition shall be retained by the court. The other shall be sent to any agency or person participating in the adoption proceeding.

(c) Any written consent required by this subarticle and subarticle 9 of Article 11 of this chapter may be attached to the petition, or may be filed, after the filing of the petition, with the consent of the court.

Section 20-7-1740. Investigations and reports. (a) Upon the filing of a petition for adoption the court shall order an investigations to be made by the Children's Bureau of the State of South Carolina or by a private or public welfare organization having as one of its; main purposes the care and placement of children, or by a representative designated by the court and shall further order that a report of such investigation shall be filed with the court by the designated investigator within sixty days from the issuance of the order for investigation, unless time therefor is extended by the court. Such investigation may be dispensed with upon good cause therefor being presented to the court. Such investigation shall include the conditions and antecedents of the child for the purpose of determining whether he is a proper subject for adoption; appropriate inquiry to determined whether the proposed home is a suitable one for the child; and any' other circumstances and conditions which may have a bearing on the adoption and of which the court should have knowledge.

(b) The court may order agencies or persons named in subsection (a) of this section, located in one or more counties, to make separate investigations on separate parts of the inquiry as may be appropriate.

(c) The report of such investigation shall become a part of the files in the case and shall contain a definite recommendation for or against the proposed adoption and state reasons therefor.

Provided, that signer of such report and all persons participating in, conducting, or associated with the compiling, separation and filing of such report shall be available for examination and cross-examination by any party to an adoption proceeding concerning the contents and recommendation contained in such report, in complete detail.

Section 20-7-1750. Waiver of interlocutory decree and waiting period. If the child is related by blood or marriage to one of the petitioners, or is a stepchild of the petitioner, or there has been a trial placement with the adoptive parents deemed satisfactory by the placing agency, or the court finds that the best interests of the child will be furthered thereby, the court, after examination of the report required in Section 20-7-1740, in its discretion, may waive the entry of an interlocutory decree and the waiting period of six months provided in Section 20-7-1760 and grant a final decree of adoption i satisfied that the adoption is for the best interest of the child.

Section 20-7-1760. Issuance of interlocutory decree; final hearing and entry of final decree. Upon examination of the report required in Section 20-7-1740 and after hearing, the court may issue an interlocutory decree giving the care and custody of the child to the petitioners pending the further order of the court. Thereafter, the investigator, agency or its designee shall observe the child in his adoptive home and report in writing to the court within six months on any circumstances or conditions which may have a bearing on the adoption. After six months from the date of the interlocutory decree, the petitioners may apply to the court for a final decree of adoption. The court shall thereupon set a time and place for final hearing. Notice of the time and date of the hearing shall be served on the department, agency or individual making the investigation required in Section 20-7-1740. The investigator shall file with the court a written report of its findings and recommendations and certify that the required investigation has been made since the granting of the interlocutory decree. After hearing on the application, the court may enter a final decree of adoption if satisfied that the adoption is for the best interests of the child. The petitioners and the child need not appear at the final hearing if they were present at the interlocutory hearing unless the court shall otherwise order.

Section 20-7-1770. Effect of final decree. (a) After the final decree of adoption is entered, the relation of parent and child and all the rights, duties and other legal consequences of the natural relation of child and parent shall thereafter exist between such adopted child and the person adopting such child and the kindred of the adoptive parents. From the date the final decree of adoption is entered, the adopted child shall be considered a natural child of the adopting parents for all inheritance purposes, both by and from such child, to the exclusion of the natural or blood parents or kin of such child. These rules of inheritance shall also apply to all the parties where one of the natural parents is united in bonds of matrimony to the other adopting parent.

(b) After a final decree of adoption is entered, the natural parents of the adopted child, unless they are the adoptive parents, shall be relieved of all parental responsibilities for the child and have no rights over such adopted child.

Section 20-7-1780. Hearings and records shall be confidential; access to records, furnishing non-identifying information. (a) Unless the court shall otherwise order, all hearings held in proceedings under this subarticle and subarticle 9 of Article 11 of this chapter shall be confidential and shall be held in closed court without admittance of any person other than interested parties and their counsel.

(b) All papers and records pertaining to the adoption shall be sealed and kept as a permanent record of the court and withheld from inspection and filed in the office of the clerk of court of common pleas. No person shall have access to such records except on order of the judge of the court in which the decree of adoption was entered for good cause shown.

(c) All files and records pertaining to the adoption proceedings the Children's Bureau in the State of South Carolina, or in the Department of Social Services of the State of South Carolina, or any authorized agency, shall be confidential and withheld from inspection except upon order of court for good cause shown.

(d) The provisions of this section shall not be construed to prevent any adoption agency from furnishing to adoptive parents biological parents or adoptees non-identifying information when in the sole discretion of the chief executive officer of the agency such information would serve the best interests of the persons concerned either during the period of placement or at a subsequent time nor shall the provisions of this subarticle and subarticle 9 of Article 11 of this chapter be construed to prevent giving non-identifying information to any other person, party or agency who in the discretion of the chief executive officer of the agency has established a sufficient the reason justifying the release of that non-identifying information. As used in this subsection 'non-identifying information' may include but is not limited to the following:

1. the health of the biological parents;

2. the health of the child;

3. the child's general family background without name references;

4. the length of time the child has been in the care and custody of the adoptive parents.

The release of other non-identifying information shall be made at the discretion of the chief executive officer of the adoption agency.

Section 20-7-1790. Issuance and filing of amended birth certificates. A. For each adoption handled through an agency as defined in, Section 20-7-1650, the attorney for the plaintiffs shall, within fifteen days of the filing of the final decree, transmit to the appropriate agency, a certified copy of the adoption decree and a Certificate of Adoption with Part II completed and verified by the clerk of court. The agency shall complete Part I of the Certificate of Adoption and transmit the final decree.

B. For other adoptions, the attorney for the plaintiffs shall complete Parts I and II of the Certificate of Adoption form provided by the State Registrar of Vital Statistics and file with the clerk of court at the time of filing of the final decree. The clerk of the court shall certify Part III of the Certificate of Adoption and transmit the form to the State Registrar within thirty days of the filing of the final decree.

C. The State Registrar, upon receipt of a certified Certificate of Adoption, shall prepare a supplementary certificate of birth in the new name of the adopted person, free of any reference to or indication of the fact that the child was adopted, and showing the adoptive parents as the real parents, except that amended certificates for an adoption of an adult shall display the words 'By Adoption' on the face of the amended certificate. The State Registrar shall transmit certified Certificates of Adoption for persons born outside of the State of South Carolina to the State Registrar in the state of birth.

D. The Certificate of Adoption form provided by the State Registrar of Vital Statistics shall not be used in conjunction with any legal procedure affecting a birth certificate other than adoption.

E. The State Registrar shall require the county registrar to return the copy of the original Certificate special sealed file. Periodically the State Registrar shall transmit copies of amendatory certificates to the county registrars in the county of birth.

Section 20-7-1800. Appeals. An appeal shall be allowed from any final order, judgment or decree rendered hereunder to the court by any person against whom any such order, judgement or decree may be made or who may be affected thereby in the manner provided for appeals from such court in other civil matters, and no final decree of adoption shall be subject to collateral attack for any reason after a period of one year following its issuance.

Section 20-7-1810. Effect of foreign decrees of adoption. When the relationship of parent and child has been created by a decree of adoption of a court of any other state or nation, the rights and obligations of the parties as to matters within the jurisdiction of this State shall be determined by Section 20-7-1770.

Section 20-7-1820. Adoption of adults. An adult person may be adopted by any other 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 Sections 20-7-1650 through 20-7-1770 shall not apply to the adoption of an adult person. A petition therefor shall be filed with the court of common pleas, or a court having concurrent jurisdiction, in the county where the adoptive parents reside. After a hearing on the petition, and after such investigations as the court deems advisable, if the court finds that it is to the best interests of the persons involved, a decree of adoption may be entered which shall have the legal consequences stated in Section 20-7-1770.

Section 20-7-1830. Placement of children. The Bureau may place out in free family homes for adoption destitute, delinquent, neglected and dependent children committed to its care. Defective and otherwise handicapped children committed to its care shall be placed in such institutions as are provided by the State for their care, as may appear advisable for the best interest of the child. Section 20-7-1840. Investigation and supervision in behalf of each child. The Bureau in placing out destitute, neglected, dependent or delinquent children in private families shall safeguard the welfare of each child by a thorough investigation of each applicant, the home and its environment and shall personally and adequately supervise each child until the child receives legal adoption or attains legal age.

Section 20-7-1850. Records. The Bureau shall keep a record containing the name, ages and former residence, occupations and characters, so far as is known, of the parents of children coming under its supervision, the dates of reception, placing out and adoption of children, together with the name, occupation and residence of the person with whom the child is placed, the date and cause of any removal to another home and a brief history of each child until it shall have recalled the age of eighteen years or shall have been legally adopted or discharged according to law.

Section 20-7-1860. Bureau shall act as guardian; consent to adoption. The Bureau shall be the guardian of the persons of all destitute dependent, neglected or delinquent children who are committed to its care and shall, as soon as practicable, place such children in private homes, either temporarily or as members of families, and, when such action is deemed proper and desirable and does not conflict with any retained legal rights of natural parents, may consent in loco parentis to their legal adoption.

Section 20-7-1870. Report of removal of child from natural mother. All private individuals, including midwives, physicians and nurses, hospitals and the offices of all private institutions, as well as agencies and organizations, who shall remove a child within six months after its birth from its natural mother shall report to the Bureau the names and addresses of the persons with whom the child is left, unless the person removing the child from its natural mother knows of his own knowledge that the child was born in wedlock and was not removed from its mother because of immoral surroundings.

Section 20-7-1880. Children's Bureau to be notified of children brought into State; yearly report on location and well-being of child. No person shall bring or send into this State from any territory or county any child and, leaving it, place child in a foster home or procure its adoption unless the person so bringing or sending such child shall have first notified the Children's Bureau of his intention to do so and provide the appropriate information as required by the Children's Bureau. In cases where the Department of Social Services is contacted by a sending agency of another territory or country in regard to providing foster care placement in this State, the country in regard to providing foster care placement in this State, the Department shall notify the Children's Bureau of its intentions as to bringing and placing the child. The Department is also charged with informing the Bureau as to the location and well-being of the child on a yearly basis and to provide information on the disposition of the case.

The person bringing or sending the child into the State shall report at least once each year, and at such other times as the Bureau shall direct, as to the location and well-being of the child so long as the child remains in the State and until it shall have reached the age of eighteen years or has been legally adopted.

Section 20-7-1890. Investigations for state institutions. The Bureau shall act as a bureau of investigation and may be used by state institutions investigating application for admission and dismissal of children.

SUBARTICLE 9

Supplemental Benefits to Assure Adoption

Section 20-7-1900. Purpose. The purpose of this subarticle 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 and the Children's Bureau as requiring a supplemental benefit to assure adoption.

Section 20-7-1910. Short title. This subarticle shall be known and may be cited as the 'South Carolina Adoption Supplemental Benefits Act.'

Section 20-7-1920. Definitions. As used in this article, 'child' means a minor as defined by South Carolina law who is:

(A) a dependent of a public or voluntary licensed child-placing agency,

(B) legally free for adoption, and

(C) in special circumstances whether:

(1) because he has established significant emotional ties with prospective adoptive parents while in their care as a foster child, and it is deemed in the best interest of the child by the agency to be adopted by the foster parents, or

(2) because he is not likely to be adopted because of one or more of the following handicaps:

(a) Physical or mental disability.

(b) Emotional disturbance.

(c) Recognized high risk of physical or mental disease.

(d) Age.

(e) Sibling relationship.

(f) Racial or ethnic factors

(g) Any combination of these handicaps.

Section 20-7-1930. Establishment of program of supplemental benefits for adoption; funding. The Department of Social Services and Children's Bureau shall establish and administer an ongoing program of supplemental benefits for adoption. Supplemental benefits and vices for children under this program shall be provided out of funds appropriated to the Department of Social Services and the Child Bureau for the maintenance of children in foster care or made available to them from other sources.

Section 20-7-1940. Eligible children; need of supplemental benefits. Any child meeting criteria specified in Section 20-7-1920 for whom the Department of Social Services or the Children's Bureau feels supplemental benefits are necessary to improve opportunities for adoption will be eligible for the program. The agency shall document that reasonable efforts have been made to place the child in adoption without supplemental benefits through the use of adoption resource exchanges, recruitment and referral to appropriate specialized adoption agencies.

Section 20-7-1950. Adoptive parents; nature of supplemental benefits; written agreements. When parents are found and approved for adoption of a child certified as eligible for supplemental benefits, and before the final decree of adoption is issued, there shall be executed a written agreement between the family entering the adoption and the Department of Social Services or the Children's Bureau. In individual cases supplemental benefits may commence with the adoptive placement or at the appropriate time after the adoption decree and will vary with the needs of the child as well as the availability of other resources to meet the child's needs. The supplemental benefits may be for special services only, or for money payments, and either for a limited period, for a long term or for any combination of the foregoing. The amount of time-limited, long-term supplemental benefits may in no case exceed that which would be currently allowable for such child under foster family care or, in the case of a special service, the reasonable fee for the service rendered.

When supplemental benefits last for more than one year the adoptive parents shall present an annual written certification that the child remains under the parents' care and that the child's need for supplemental benefits continues. Based on such written certification and investigation by the agency and available funds, the agency may approve continued supplemental benefits. These benefits shall be extended so long as the continuing need of the child is certified and the child is the legal dependent of the adoptive parents.

A child who is a resident of South Carolina when eligibility for supplemental benefits is certified shall remain eligible and receive supplemental benefits, if necessary for adoption, regardless of the domicile or residence of the adopting parents at the time of application for adoption, placement, legal decree of adoption or thereafter. All records regarding such adoption shall be confidential and may be disclosed only in accordance with existing state law.

Section 20-7-1960. Review of adverse decision; administrative procedure. Any decision concerning supplemental benefits by the Department of Social Services or the Children's Bureau which the placement agency or the adoptive parents deem adverse to the child shall be reviewable according to the provisions of the agency's administrative procedure.

Section 20-7-1970. Regulations. The Department of Social Services and the Children's Bureau shall jointly promulgate regulations consistent with this subarticle within sixty days of its enactment. SUBARTICLE 11

Interstate Compact on the Placement of Children

Section 20-7-1980. Compact enacted. 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 purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:

(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.

(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.

(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made. (d) Appropriate jurisdictional arrangements for the care of children will be promoted.

Subsection 2. Definitions:

As used in this compact:

(a) 'Child' means a person who, by reason of minority, is legally subject to parental guardianship or similar control.

(b) 'Sending agency' means a party state, officer or employee thereof, a subdivision of a party state, or officer or employee thereof, a court of a party state, a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state. sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for

(c) 'Receiving state' means the state to which a child is placement with state or local public authorities or for placement with private agencies or persons.

(d) 'Placement' means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility. Subsection 3. Conditions for Placement:

(a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this subsection and with the applicable laws of the receiving state governing the placement of children therein.

(b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state.

The notice shall contain:

(1) The name, date and place of birth of the child.

(2) The identity and address or addresses of the parents or legal guardian.

(3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring or place the child.

(4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.

(c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to item (b) of this subsection may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.

(d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.

Subsection 4. Penalty for Illegal Placement:

The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place or care for children.

Subsection 5. Retention of Jurisdiction:

(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.

(b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.

(c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a Private charitable agency of the sending state, nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof.

Subsection 6. Institutional Care of Delinquent Children:

A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard prior to his being sent to such other party jurisdiction for institutional care and the court finds that:

1. Equivalent facilities for the child are not available in the sending agency's jurisdiction;

2. Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.

Subsection 7. Compact Administrator:

The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

Subsection 8. Limitations:

This compact shall not apply to:

(a) The sending or bringing of a child into a receiving state by his parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or non-agency guardian in the receiving state.

(b) Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party or to any other agreement between states which has the force of law.

Subsection 9. Enactment and Withdrawal:

This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and with the consent of Congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.

Subsection 10. Construction and Severability:

The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party, state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

Section 20-7-1990. Financial responsibility for child placed pursuant to Compact; default of financial performance. 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 default of performance thereunder, the provisions of subarticle 5 of Article 9 of this chapter also may be invoked.

Section 20-7-2000. 'Appropriate public authorities' defined. The 'appropriate public authorities' as used in subsection 3 of the Interstate Compact on the Placement of Children shall, with reference to this State, mean the Children's Bureau of South Carolina and for adoptive purposes a designee of the Children's Bureau of South Carolina and for foster care a designee of the South Carolina Department of Social Services. The Children's Bureau and the Department of Social Services shall receive and act with reference to notices required by subsection 3.

Section 20-7-2010. 'Appropriate authority in the receiving state' defined. As used in paragraph (a) of subsection 5 of the Interstate Compact on the Placement of Children, the phrase 'appropriate authority in the receiving state' with reference to this State shall mean the Children's Bureau of South Carolina as the compact administrator and a designee of the Children's Bureau of South Carolina as deputy administrator for adoption and a designee of the South Carolina Department of Social Services as deputy administrator for foster care.

Section 20-7-2020. Agreements with officers or agencies of other Compact states; approval required for agreements containing financial commitments. The officers and agencies of this State and its subdivisions having authority to place children are hereby 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 of Children. Any such agreement which contains a financial commitment or imposes a financial obligation of this State or subdivision or agency thereof shall not be binding unless it has the approval in writing of the State Treasurer in the case of the State and of the Executive Director of the Children's Bureau or the Commissioner of the Department of Social Services in the case of a subdivision of the State, as their respective functions and duties may appear and be appropriate pursuant to this subarticle.

Section 20-7-2030. Visitation, inspection or supervision performed pursuant to agreement deemed to comply with Section 20-7-1880. Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under Section 20-7-1880 shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this State or a subdivision thereof as contemplated by item (b) of subsection 5 of the Interstate Compact on the Placement of Children.

Section 20-7-2040. Out-of-state placements pursuant to Compact not subject to legal restrictions. There shall be no legal restrictions on out-of-state placements made pursuant to the Interstate Compact on the Placement of Children.

Section 20-7-2050. Placement of delinquent 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.

Section 20-7-2060. 'Executive head defined; designation of compact administrator and deputy administrators. As used in subsection 7 of the Interstate Compact on the Placement of Children, the term 'executive head' means the Governor. The Governor is hereby authorized to designate the Children's Bureau of South Carolina as the compact administrator in accordance with the terms of subsection 7 and a designee of the Children's Bureau of South Carolina as deputy administrator for adoptions and a designee of the Department of Social Services as the deputy administrator for foster care.

Section 20-7-2070. Reporting requirements of deputy administrator; promulgation of procedures governing interstate adoptive and foster care placements; role of administrator. Reporting requirements of the Deputy Compact Administrators to the Compact Administrator shall not exceed the reporting requirements of this State to the National Administrator. The Children's Bureau shall promulgate procedures to govern all aspects of interstate adoptive placements and the Department of Social Services shall promulgate procedures which govern all aspects of interstate foster care placements. The Compact Administrator will act in the role of coordinator to each Deputy Compact Administrator and shall not have veto authority.

SUBARTICLE 13

Interstate Compact on Juveniles

Section 20-7-2080. Compact entered into; terms. The State of South Carolina hereby contracts to enter into the 'Interstate Compact on Juveniles according to the terms set forth in this subarticle and solemnly agrees:

Subsection 1. That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare, and the health, morals and welfare of others. The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to (1) cooperative supervision of delinquent juveniles on probation or parole (2) the return, from one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from one state to another, of nondelinquent juveniles who have run away from home and (4) additional measures for the protection of juveniles and of the public, which any two or more of the party states may find desirable to undertake cooperatively. In carrying out the provisions of this compact the party states shall be guided by the noncriminal, reformative and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally. It shall be the policy of the states party to this compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the foregoing purposes

Subsection 2. That all remedies and procedures provided by this compact shall be in addition to and not in substitution for other rights, remedies and procedures, and shall not be in derogation of parental rights and responsibilities.

Subsection 3. That, for the purposes of this compact, 'delinquent juvenile' means any juvenile who has been adjudged delinquent and who, at the time the provisions of this compact are invoked, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or supervision of an agency or institution pursuant to an order of such court; 'probation or parole' means any kind of conditional release of juveniles authorized under the laws of the states party hereto; 'court' means any court having jurisdiction over delinquent, neglected or dependent children; state' means any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; and 'residence' or any variant thereof means a place at which a home or regular place of abode is maintained.

Subsection 4. (a) That the parent, guardian, person or agency entitled to legal custody of a juvenile who has not been adjudged delinquent but who has run away without the consent of such parent, guardian, person or agency may petition the appropriate court in the demanding state for the issuance of a requisition for his return. The petition shall state the name and age of the juvenile, the name o the petitioner and the basis of entitlement to the juvenile s custody, the circumstances of his running away, his location if known at the time application is made, and such other facts as may tend to show that the juvenile who has run away is endangering his own welfare or the welfare of others and is not an emancipated minor. The petition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the document or documents on which the petitioner's entitlement to the juvenile's custody is based, such as birth certificates, letters of guardianship, or custody decrees. Such further affidavits and other documents as may be deemed proper may be submitted with such petition. The judge of the court to which this application is made may hold a hearing thereon to determine whether for the purposes of this compact the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has in fact run away without consent, whether or not he is an emancipated minor, and whether or not it is the best interest of the juvenile to compel his return to the state. If the judge determines, either with or without a hearing, that the juvenile should be returned, he shall present to the appropriate court or to the executive authority of the state where the juvenile is alleged to be located a written requisition for the return of such juvenile. Such requisition shall set forth the name and age of the juvenile, the determination of the court that the juvenile has run away without the consent of a parent, guardian, person or agency entitled to his legal custody, and that it is in the best interest and for the protection of such juvenile that he be returned. In the event that a proceeding for the adjudication of the juvenile as a delinquent, neglected or dependent juvenile is pending in the court at the time when such juvenile runs away, the court may issue a requisition for the return of such juvenile upon its own motion, regardless of the consent of the parent, guardian, person or agency entitled to legal custody, reciting therein the nature and circumstances of the pending proceeding. The requisition shall in every case be executed in duplicate and shall be signed by the judge. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of such court. Upon the receipt of a requisition demanding the return of a juvenile who has run away, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such juvenile. Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No juvenile detained upon such order shall be delivered over to the officer whom the court demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of a court in the state, who shall inform him of the demand made for his return, and who may appoint counsel or guardian ad litem for him. If the judge of such court shall find that the requisition is in order, he shall deliver such juvenile over to the officer whom the court demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.

Upon reasonable information that a person is a juvenile who has run away from another state party to this compact without the consent of a parent, guardian, person or agency entitled to his legal custody, such juvenile may be taken into custody without a requisition and brought forthwith before a judge of the appropriate court who may appoint counsel or guardian ad litem for such juvenile and who shall determine after a hearing whether sufficient cause exists to hold the person, subject to the order of the court, for his own protection and welfare, for such a time not exceeding ninety days as will enable his return to another state party to this compact pursuant to a requisition for his return from a court of that state. If, at the time when a state seeks the return of a juvenile who has run away, there is pending in the state wherein he is found any criminal charge, or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he ran away, the juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.

(b) That the state to which a juvenile is returned under this subsection shall be responsible for payment of the transportation costs of such return.

(c) That 'juvenile', as used in this subsection, means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor.

Subsection 5. (a) That the appropriate person or authority from whose probation or parole supervision a delinquent juvenile has absconded, or from whose institutional custody he has escaped, shall present to the appropriate court or to the executive authority of the state where the delinquent juvenile is alleged to be located a written requisition for the return of such delinquent juvenile. Such requisition shall state the name and age of the delinquent juvenile, the particulars of his adjudication as a delinquent juvenile, the circumstances of the breach of the terms of his probation or parole or of his escape from an institution or agency vested with his legal custody or supervision, and the location of such delinquent juvenile, if known at the time the requisition is made. The requisition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the judgment, formal adjudication, or order of commitment which subjects such delinquent juvenile to probation or parole or to the legal custody of the institution or agency concerned. Such further affidavits and other documents as may be deemed proper may be submitted with such requisition. One copy of the requisition shall be filed with the compact administrator of the demanding state there to remain on file subject to the provisions of law governing records of the appropriate court. Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such delinquent juvenile. Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No delinquent juvenile detained upon such order shall be delivered over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of an appropriate court in the state, who shall inform him of the demand made for his return and who may appoint counsel or guardian ad litem for him. If the judge of such court shall find that the requisition is in order, he shall deliver such delinquent Juvenile over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.

Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, such person may be taken into custody in any other state party to this compact without a requisition. But in such event, he must be taken forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for such person and who shall determine, after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for such a time, not exceeding ninety days, as will enable his detention under a detention order issued on a requisition pursuant to this subsection. If, at the time when a state seeks the return of a delinquent juvenile who has either absconded while on probation or parole or escaped from an institution or agency vested with his legal custody or supervision, there is pending in the state wherein he is detained any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the delinquent juvenile being returned, shall be permitted to transport such delinquent juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he escaped or absconded, the delinquent juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.

(b) That the state to which a delinquent juvenile is returned under this subsection shall be responsible for the payment of the transportation costs of such return.

Subsection 6. That any delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, and any juvenile who has run away from any state party to this compact, who is taken into custody without a requisition in another state party to this compact under the provisions of subsection 4(a) or subsection 5(a) of this section, may consent to his immediate return to the state from which he absconded, escaped or ran away. Such consent shall be given by the juvenile or delinquent juvenile and his counsel or guardian ad litem, if any, by executing or subscribing a writing, in the presence of a judge of the appropriate court which states that the juvenile or delinquent juvenile and his counsel or guardian ad litem, if any, consent to his return to the demanding state. Before such consent shall be executed or subscribed, however, the judge, in the presence of counsel or guardian ad litem, if any, shall inform the juvenile or delinquent juvenile of his rights under this compact. When the consent has been duly executed, it shall be forwarded to and filed with the compact administrator of the state in which the court is located and the judge shall direct the officer having the juvenile or delinquent juvenile in custody to deliver him to the duly accredited officer or officers of the state demanding his return, and shall cause to be delivered to such officer or officers a copy of the consent. The court may, however, upon the request of the state to which the juvenile or delinquent juvenile is being returned, order him to return unaccompanied to such state and shall provide him with a copy of such court order; in such event a copy of the consent shall be forwarded to the compact administrator of the state to which such juvenile or delinquent juvenile is ordered to return.

Subsection 7. (a) That the duly constituted judicial and administrative authorities of a state party to this company (herein called sending state') may permit any delinquent juvenile within such state placed on probation or parole, to reside in any other state party to this company (herein called 'receiving state') while on probation or parole, and the receiving state shall accept such delinquent juvenile, if the parent, guardian or person entitled to the legal custody of such delinquent juvenile is residing or undertakes to reside within the receiving state. Before granting such permission, opportunity shall be given to the receiving state to make such investigations as it deems necessary. The authorities of the sending state shall send to the authorities of the receiving state copies of pertinent court orders, social case studies and all other available information which may be of value to and assist the receiving state in supervising a probationer or parolee under this compact. A receiving state, in its discretion, may agree to accept supervision of a probationer or parolee in cases where the parent, guardian or person entitled to the legal custody of the delinquent juvenile is not a resident of the receiving state, and if so accepted the sending state may transfer supervision accordingly. (b) That each receiving state will assume the duties of visitation and of supervision over any such delinquent juvenile and in the exercise of those duties will be governed by the same standards of visitation and supervision that prevail for its own delinquent juveniles released on probation or parole.

(c) That, after consultation between the appropriate authorities of the sending state and of the receiving state as to the desirability and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake any such delinquent juvenile on probation or parole. For that purpose, no formalities will be required, other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken and returned. The decision of the sending state to retake a delinquent juvenile on probation or parole shall be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to retake a delinquent juvenile on probation or parole, there is pending against him within the receiving state any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for any act committed in such state or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of the sending state shall be permitted to transport delinquent juveniles being so returned through any and all states party to this compact, without interference.

(d) That the sending state shall be responsible under this subsection for paying the costs of transporting any delinquent juvenile to the receiving state or of returning any delinquent juvenile to the sending state.

Subsection 8. (a) That the provisions of item (b) of subsection 4 and item (b) of subsection 5 and item (d) of subsection 7 of this compact shall not be construed to alter or affect any internal relationship among the departments, agencies and offices of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

(b) That nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to item (b) of subsection 4 and item (b) of subsection 5 and item (d) of subsection 7 of this compact.

Subsection 9. That, to every extent possible, it shall be the policy of states party to this compact that no juvenile or delinquent juvenile shall be placed or detained in any prison, jail or lockup nor be detained or transported in association with criminal, vicious or dissolute persons.

Subsection 10. That the duly constituted administrative authorities of a state party to this compact may enter into supplementary agreements with any other state or states party hereto for the cooperative care, treatment and rehabilitation of delinquent juveniles whenever they shall find that such agreements will improve the facilities or programs available for such care, treatment and rehabilitation. Such care, treatment and rehabilitation may be provided in an institution located within any state entering into such supplementary agreement. Such supplementary agreements shall (1) provide the rates to be paid for the care, treatment and custody of such delinquent juveniles, taking into consideration the character of facilities, services and subsistence furnished; (2) provide that the delinquent juvenile shall be given a court hearing prior to his being sent to another state for care, treatment and custody; (3) provide that the state receiving such a delinquent juvenile in one of its institutions shall act solely as agent for the state sending such delinquent juvenile; (4) provide that the sending state shall at all times retain jurisdiction over delinquent juveniles sent to an institution in another state; (5) provide for reasonable inspection of such institutions by the sending state; (6) provide that the consent of the parent, guardian, person or agency entitled to the legal custody of such delinquent juvenile shall be secured prior to his being sent to another state; and (7) make provision for such other matters and details as shall be necessary to protect the rights and equities of such delinquent juveniles and of the cooperating states.

Subsection 11. That any state party to this compact may accept any and all donations, gifts and grants of money, equipment and services from the federal or any local government, or any agency thereof, and from any person, firm or corporation, for any of the purposes and functions of this compact, and may receive and utilize the same subject to the terms, conditions and regulations governing such donations, gifts and grants.

Subsection 12. That the governor of each state party to this compact shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

Subsection 13. That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed, it shall have the full force and effect of law within such state, the form or execution to be in accordance with the laws of the executing state. Subsection 14. That this compact shall continue in force and remain binding upon each executing state until renounced by it. Renunciation of this compact shall be by the same authority which executed it, by sending six months' notice in writing of its intention to withdraw from the compact to the other states party hereto. The duties and obligations of a renouncing state under subsection 7 hereof shall continue as to parolees and probationers residing therein at the time of withdrawal until retaken or finally discharged. Supplementary agreements entered into under subsection 10 hereof shall be subject to renunciation as provided by such supplementary agreements, and shall not be subject to the six months' renunciation notice of the present subsection.

SUBARTICLE 15

Probation and Aftercare

Section 20-7-2090. Duties of probation counselors; when children shall be subject to visitation. It shall be the duty of the probation counselors to make such investigation of the child and home as may be required by the court; to be present in court at the hearing of cases and to furnish to the court such information and assistance as the judge may require; to take charge of any child before and after hearing as may be directed by the court. During the probationary period of any child and during the time that the child may be committed to any institution or to the care of any association or person for custodial or disciplinary purposes, the child shall always be subject to visitation of the probation counselors or other agents of the court.

Section 20-7-2100. Duties of Department. The Department shall have such duties as the Board of Juvenile Placement and Aftercare shall assign to it which shall include, but not be limited to, the following: (a) Serving, advising and counselling of children in the various institutions under the control of the Department of Youth Services as may be necessary to the placement of children in suitable jobs where necessary and proper.

(b) Supervising and guiding of children released or conditionally released from institutions under the control of the Department of Youth Services.

(c) Counselling children released or conditionally released by the Board of Juvenile Placement and Aftercare.

(d) Coordinating the activities of supporting community agencies which aid in the social adjustment of children released by the Board of Juvenile Placement and Aftercare.

(e) Providing or arranging for necessary services leading to the rehabilitation of delinquents either within the Department or through cooperative arrangements with other appropriate agencies.

(f) Providing counsel and supervision for any child under ten years of age who has been convicted of a crime or has entered a plea of guilty or nolo contendere, when other suitable personnel is not available and upon request of the court concerned.

Section 20-7-2110. Duties of counselors and director. The counselors shall live in their respective districts as shall be determined by the Board. Each counselor shall periodically visit the schools under the supervision of the Department of Youth Services in order to accomplish the duties as outlined in Section 20-7-2100. The director or assistant director shall meet with each counselor to familiarize himself with the records, background and needs of the children. In addition, the director shall make periodic reports to the school. The reports of the director shall be included in the annual report of the Board.

Section 20-7-2120. Inspection of records of committed children; temporary or final discharge or conditional release. The Board shall make periodic inspections, at least quarterly, of the records of persons committed to the custody of the Board of Youth Services and may in its discretion, issue temporary and final discharges or release such persons conditionally and prescribe conditions for such release.

In the determination of the type of discharges or conditional releases granted, the Board shall consider the interests of the person involved and the interests of society and shall employ the services of and consult with the personnel of the Reception and Evaluation Center of the Board of Youth Services. The Board may from time to time modify the conditions of discharges or conditional releases previously granted.

Section 20-7-2130. Aftercare and revocation investigations; director, assistant and counselors as representatives of Board of Juvenile Placement and Aftercare. The Department shall be charged with the responsibility of making aftercare investigations to determine suitable placement for children considered for conditional release from the correctional schools. The Department shall also have the responsibility of supervising the aftercare program, making revocation investigations and submitting findings to the Board of Juvenile Placement and Aftercare.

The director, assistant director and aftercare counselors, in the performance of their duties of aftercare investigation, counselling and supervision, and aftercare revocation investigations, shall be regarded as the official representative of the State Board of Juvenile Placement and Aftercare. Section 20-7-2140. Conditions and restrictions of conditional release. Any juvenile, who shall have been conditionally released from a correctional school, shall remain in legal custody of the Board of Youth Services until the expiration of the specified term imposed in his conditional aftercare release. The specified period of conditional release may expire before but not after the eighteenth birthday of the juvenile. Each juvenile conditionally released shall be subject to the conditions and restrictions of his release and may at any time on the order of the Board of Juvenile Placement and Aftercare be returned to the custody of a correctional school for violation of aftercare rules. As a condition of conditional release, the Board may impose participation in the restitution, work and community service programs as established by the Department of Juvenile Placement and Aftercare pursuant to item (a) of Section 20-7-1330.

Section 20-7-2150. Procedure for revocation of conditional release. At any time during the period of conditional release, an aftercare counselor may issue or cause to be issued a warrant for the juvenile to be taken into custody for violating any of the conditions of his release. Any police officer or other officer with power to arrest may, upon request of an aftercare counselor, take such juvenile into custody. The arresting officer shall obtain a warrant signed by the aftercare counselor setting forth that the juvenile, in his judgment, violated the conditions of his release which shall be authority for the detention of the juvenile in an appropriate place of detention. If an aftercare release revocation is necessary, the aftercare counselor shall submit in writing a thorough report to the Board, showing in what manner the delinquent child has violated his conditional release. Any child returned to the custody of a correctional school by aftercare revocation shall have a hearing or review of his case by the Board. The Board of Juvenile Placement and Aftercare shall be the sole judge as to whether or not the child failed to abide by the aftercare rules and conditions of release, and no appeal therefrom shall be allowed.

Section 20-7-2160. Revocation of conditional release after expiration of period of aftercare. The order of revocation of a conditional release may be issued and made effective after the period of aftercare supervision prescribed in such release has expired when the violations of the conditions of release occurred during the aftercare supervision period.

SUBARTICLE 17

Commitment

Section 20-7-2170. Age criteria and procedures for committing children to Board of Youth Services and Board of Juvenile Placement and Aftercare. A child, after his tenth and before his seventeenth birthday, may be committed to the custody of the State Board of Youth Services only by order of a circuit, county, probate or family court judge under procedures and subject to the conditions set forth in this subarticle. Children under the age of ten years may be committed only to the custody of the Board of Juvenile Placement and Aftercare which shall arrange for placement in a suitable corrective environment. No child under the age of seventeen years shall be committed or sentenced to any other penal or correctional institution of this State for a period exceeding thirty days. The provisions of this section shall not prevent magistrates or recorders from sentencing children under seventeen years of age to county or municipal jails for periods not to exceed thirty days where jurisdiction presently exists.

When a child is convicted of a crime or has entered a plea of guilty or nolo contendere in a court authorized to commit to the custody of the Board of Youth Services or the Board of Juvenile Placement and Aftercare, such child may be committed for an indeterminate period until he has reached his twenty-first birthday or until sooner released by the Board of Juvenile Placement and Aftercare under its discretional powers.

Provided, however that any sentence which includes commitment to the custody of the Board of Youth Services or the Board of Juvenile Placement and Aftercare for a crime which, when committed by an adult, would carry a maximum sentence of thirty years or more, shall include a further provision that the Board of Juvenile Placement and Aftercare may transfer such child to the Board o Youth Services, which may then transfer child to the State Department of Corrections for confinement for a period, including time served in its custody, not to exceed thirty years. Such transfer shall be within the discretion of the Board of Youth Services or the Board of Juvenile Placement and Aftercare as may be appropriate.

The court, before committing a child as a delinquent or as a part of a sentence, shall first temporarily commit such child to the Reception and Evaluation Center of the Board of Youth Services for a period not to exceed forty-five days for evaluation, and the Board shall make a recommendation to the court prior to final commitment, provided, however, that the committing judge may waive such temporary commitment in cases where the child concerned has previously been evaluated by the Center and such evaluation is available to the court. All commitments to the custody of the Board of Youth Services for delinquency, as opposed to the conviction of a specific crime shall be made only for the reasons and in the manner prescribed in Sections 20-7-400 through 20-7-1340 of the Family Court Act of 1968, with evaluations made and proceedings conducted only by the judges authorized to order commitments in this section, regardless of whether or not a family court has been established in the jurisdiction concerned. When a child is committed to the custody of the Board under such proceedings, commitment shall be for an indeterminate sentence, not extending beyond the twenty-first birthday of the child unless sooner released by the Board.

Section 20-7-2180. Children under exclusive care, custody and control of boards. From the time of the lawful reception of any child by the Board of Youth Services or the Board of Juvenile Placement and Aftercare, and during his stay in custody, he shall be under the exclusive care, custody and control of these boards. All expenses shall be borne.by the State.

Section 20-7-2190. Duration of authority under commitment. Any commitment under this subarticle shall be full and sufficient authority to the boards and to officers and agents thereof for the detention and keeping therein of any child until he arrives at the age of twenty-one years, unless sooner dismissed therefrom by order of the Board of Juvenile Placement and Aftercare or released therefrom by order of a judge of the Supreme Court or the circuit court of this State, rendered at chambers or otherwise, in a proceeding in the nature of an application for a writ of habeas corpus.

Section 20-7-2200. Duties of boards. From the time of the lawful reception of any child into custody by the boards, and during the period of such custody, the boards shall provide for, either solely or in cooperation with other agencies, the care, custody and control of such child, as well as make available instruction in such branches of useful knowledge as may be suited to his years and capacity that will enable such child to learn a useful trade.

Section 20-7-2210. Transfer of child to Youthful Offender Division of Department of Corrections. The Board of Youth Services when authorized by an order of any circuit judge, shall, after notice to the Department of Corrections, transfer temporarily to the custody of the Youthful Offender Division any child who has been committed to the custody of the Board who is more than seventeen years of age and whose presence in such custody appears to be seriously detrimental to the welfare of others in such custody. The Commissioner of the Department of Corrections, on behalf of the State Board of Corrections, shall receive such children as may be transferred thereto as herein provided and properly care for them. Each child thus transferred to the Youthful Offender Division shall be held therein subject to all the rules and discipline of the Division, until he shall reach the age of twenty-one years, or longer, as prescribed in the sentence resulting in original commitment, except that the Board of Youth Services may, by written requisition which the Commissioner of the State Department of Corrections shall honor, require the return of any child who may have been so transferred.

The Youthful Offender Division shall at least quarterly make recommendations to the Division of Placement and Aftercare concerning possible release of each child so transferred or his return to institutions of the Board of Youth Services.

Section 20-7-2220. Unlawful acts; penalties. It shall be unlawful for any person: (1) To cause, aid, encourage or influence any child who is a ward of the Board of Youth Services (a) to enter or remain in a house of prostitution, a house or lodging place used for immoral purposes or gambling place, (b) to violate any law of this State or ordinance of any city, (c) to indulge in vicious or immoral conduct or (d) to violate his conditional release or run away from the supervision of the Department of Youth Services.

(2) To harbor any child who has escaped from such authorities or who is running away from their supervision.

Any person who violates any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not exceeding five hundred dollars, to which may be added imprisonment for a period not exceeding six months. ARTICLE 13

ADMINISTRATIVE PROVISIONS OF CHILDREN'S SERVICE AGENCIES

SUBARTICLE 1

Child Welfare Agencies

Section 20-7-2230. Child welfare agency' defined. Any agency, institution or family home engaged in the business of receiving children for care and maintenance, either part or full time, shall be classed as a child welfare agency.

Section 20-7-2240. Agencies homes and institutions exempted from provisions of subarticle. The provisions of this subarticle shall not apply to:

(1) Child welfare agencies existing on March 9, 1956, and operating under the active supervision of a governing board representing an established religious denomination, except as these agencies voluntarily assume the obligations and acquire the rights provided by this subarticle.

(2) The State Children's Bureau.

(3) Any children's home or institution to which state funds are appropriated.

(4) The John de la Howe School in McCormick County; provided, that the board of trustees of that school may elect to be licensed by the Department, in which case the board of trustees shall request, by resolution, the Department to license the John de la Howe School. When a license has been issued to the John de la Howe School by the Department, pursuant to the terms of this subarticle, the school shall be bound by all rules and regulations promulgated by the Department relating to licensing standards and other matters pertaining thereto.

(5) Rescue missions, or other similar charitable institutions, organized before May 8, 1959, for the purpose of providing temporary care and custody of children and other needy persons and operating under a local board of trustees pursuant to and duly authorized by law.

Section 20-7-2250. Department shall administer subarticle and promulgate rules and regulations. The Department shall administer the provisions of this subarticle and shall make and promulgate such rules and regulations relating to licensing standards and other matters as may be necessary to carry out the purposes of this subarticle.

Section 20-7-2260. Revocation or refusal to renew license; notice and hearing. The Department may revoke the license of any child welfare agency which fails to maintain the proper standards of care and service to children in its charge or which violates any provision of this subarticle. No license shall be revoked or its renewal refused except upon thirty days' written notice thereof. Upon appeal from such revocation or refusal to renew a license, the Department shall after thirty days' written notice thereof, hold a hearing, at which time the agency shall be given an opportunity to present testimony and confront witnesses.

Section 20-7-2270. Placing of children in family homes and removal therefrom. A licensed child welfare agency may place children in family homes for care, if authorized to do so by the Department. Any child so placed may be taken from such family home when the child welfare agency responsible for his care is satisfied that the child's welfare requires such action.

Section 20-7-2280. Information about children their relatives and other persons shall not be disclosed. No officer, agent or employee of the Department or a child welfare agency shall directly or indirectly disclose information learned about the children, their parents or relatives or other persons having custody or control of them.

Section 20-7-2290. Penalties. Any person and any officer, agent or employee of the Department or of a child welfare agency who violates any of the provisions of this subarticle, or who shall intentionally make any false statement to the Department shall, upon conviction thereof be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment, in the discretion of the court.

SUBARTICLE 3

Children's Bureau

Section 20-7-2300. Establishment of Children's Bureau. The Children's Bureau of the State of South Carolina is established.

Section 20-7-2310. Board of Directors; appointment, compensation and terms of members. There is hereby created a Board of Directors for the Children's Bureau of South Carolina, to be composed of two members from each congressional district. The Governor shall also serve as an ex officio member of the Board. The members of the Board shall be appointed by the Governor with the advice and consent of the Senate, and shall receive such per diem and mileage as is provided by law for members of boards, commissions and committees while engaged in the work of the Board. Members shall hold office for a term of four years, except that of the six members first appointed, one shall be appointed for a term of four years, one for a term of three years, two for a term of two years and two for a term of one year.

Section 20-7-2320. Board of Directors shall prescribed policies and administrative duties. The Board of Directors shall prescribe such policies and administrative duties as are necessary for the proper governing of the Children's Bureau pursuant to the laws applicable thereto.

Section 20-7-2330. Supervisor and other personnel; selection and compensation. The Board of Directors shall employ and hire a supervisor of the Bureau, who shall be paid for her services, in addition to necessary traveling expenses, an annual salary to be determined by the General Assembly, payable in monthly installments. The Board of Directors shall cause to be employed such assistants and agents as shall be needed to carry out the provisions of the laws applicable to the Children's Bureau, such as, issuants and agents to be paid for their services in such amounts and in such manner as may be determined by the General Assembly.

Section 20-7-2340. Acceptance and use of gifts, donations and the like. The Bureau may accept and hold gifts, donations or contributions and may receive devises and bequests and such acquisitions shall be used for the purposes specified by the donors.

Section 20-7-2350. Disbursement of funds. The funds appropriated by the General Assembly for activities under this subarticle shall be paid by the State Treasurer on warrants of the Comptroller General, but no warrants shall be issued except upon vouchers approved by the supervisor of the Bureau.

Section 20-7-2360. Annual reports. The Bureau shall render annually to the Governor and General Assembly a complete report of its activities.

Section 20-7-2370. Penalties. Any person who shall violate any of the provisions of this subarticle or who shall make any false statements or reports to the Bureau with reference to the matters contained in this subarticle and any parent or guardian or person receiving a child who shall give a false name or address to the Bureau shall be guilty of a misdemeanor and, upon conviction, be punished by fine or imprisonment, or both, at the discretion of the court.

SUBARTICLE 5

Foster Care Review Board

Section 20-7-2380. Foster care defined. As used in this subarticle 'foster care' shall include foster family, institutional, and group home care.

Section 20-7-2390. South Carolina Advisory Board for Review of Foster Care of Children created; composition, meetings, duties, and other matters. There is hereby created the South Carolina Advisory Board for Review of Foster Care of Children consisting of sixteen members, all of whom shall be members of local review boards as hereinafter provided for, selected by the local boards which they represent. The Advisory Board shall meet at least twice annually and more frequently upon the call of the chairman to review and coordinate the activities of the local review boards and make recommendations to the General Assembly with regard to foster care policies, procedures and deficiencies of public and private agencies which arrange for foster care of children. The Advisory Board is authorized to promulgate rules and regulations relating to the function and procedures of local review boards in accordance with the policies established for such boards as provided for in this subarticle. The chairman of the Advisory Board shall be appointed by the Governor from among the membership of the Board for a term of two years. Terms of office of the members of the Advisory Board shall be coterminous with their terms as members of local review boards.

Section 20-7-2400. Local boards created; composition; qualifications of members; chairmen; terms of office; additional boards. There are hereby created sixteen local boards for review of cases of children receiving foster care, one in each judicial circuit, composed of five members, appointed by the Governor upon recommendation of the legislative delegations of each county within the circuit for terms of four years and until successors are appointed and qualify, except that of those initially appointed to each board two shall be appointed for two years only. If the county legislative delegations within a judicial circuit have not recommended to the Governor a person to fill a review board vacancy within ninety days after being notified by registered mail that the vacancy exists, then the local review boards in the judicial circuit may recommend to the Governor someone to fill the vacancy. All local board members shall be residents of the judicial circuit which they represent. Local boards shall elect their chairmen who shall represent the local boards on the State Advisory Board provided for in Section 20-7-2390. In the event the State Advisory Board determines that additional local review boards are necessary in any judicial circuit because of an excessively large case load for review, the board may create additional local review boards by resolution and the boards so created shall have all authority and duties provided for such boards by the provisions of this subarticle.

Section 20-7-2410. Location and meetings of local boards; clerical help; compensation. Local boards shall be housed and conduct meetings within the family court chambers of any family court in the judicial circuit which they represent as determined by the State Advisory Board. Each board may hire sufficient clerical help to perform its functions as set forth in this subarticle and subarticle 5 of Article 11 of this chapter with funds provided in the annual state appropriation act. Members of the board shall not receive compensation for their services but shall be allowed mileage, per diem and subsistence as is provided by law for state boards, committees and commissions for attendance at board meetings.

Section 20-7-2420. Cooperation of other agencies and institutions involved with foster care. All public and private agencies and institutions which provide for or arrange foster care for children shall cooperate with the Advisory Board and local review boards by furnishing such records to the boards as may from time to time be required. The Advisory Board shall promulgate regulations to implement the provisions of this section including regulations to provide for necessary reports and other information required from state, county and private agencies and institutions.

Section 20-7-2430. Construction. The provisions of this subarticle shall not be construed to limit or delay actions by agencies or institutions to arrange for adoptions, foster care, termination of parental rights or other related matters on their own initiative nor do these provisions in any manner alter or restrict the duties and authority of such agencies and institutions in those matters.

SUBARTICLE 7

Department and Board of Youth Services

Section 20-7-2440. Department and Board of Youth Services created; membership and terms. There is hereby created the Department of Youth Services and the Board of Youth Services as the governing body thereof. The Board shall be composed of five members appointed by the Governor, with the advice and consent of the Senate. In addition, the State Superintendent of Education, or his designee, shall serve ex officio as a voting member of the Board, and the supervising chaplain of the Department shall serve ex officio as a nonvoting member. If a vacancy occurs on the Board when the Senate is not in session, the Governor may appoint a member to fill the vacancy and such appointee shall be a de facto member until the Senate acts upon the appointment. Terms of office for members of the Board shall be for five years and until their successors are appointed and qualify. No member shall be reappointed to the Board until two years after the expiration of his term.

Section 20-7-2450. Compensation and expenses of Board members. The members of the Board shall be reimbursed for actual expenses incurred in attending Board meetings and shall receive as compensation the same per diem as provided by law for boards committees and commissions.

Section 20-7-2460. Officers of Board; rules and procedures. The Board shall elect annually from its members a chairman who may succeed himself as chairman. The Board may elect a vice-chairman and secretary and shall fix the time and place of meetings. Rules and procedures for Board meetings shall be adopted as deemed advisable by the Board.

Section 20-7-2470. Facilities or institutions under management of Board. The Board, as the governing body of the Department, is charged with the duty of managing, conducting and supervising the South Carolina School for Boys, the South Carolina School for Girls, the John G. Richards School for Boys, the Riverside School for Girls and such other facilities as the Board may establish, and shall have, subject to the provisions of Section 20-7-2560, exclusive power to supervise generally the respective schools and make rules and regulations for their conduct and management and for the government and discipline of employees and persons under their care.

Section 20-7-2480. State Director of Youth Services; Juvenile Corrections Division; Youth Bureau Division. The Board shall appoint a State Director of Youth Services who will carry out the policies of the Board in administering the functions within its jurisdiction, and shall create a Juvenile Corrections Division and a Youth Bureau Division. The Juvenile Corrections Division shall perform the custodial treatment functions of the Department as prescribed by the Board. The Youth Bureau Division shall in coordination with other state and local government agencies and the courts develop plans and facilities as may be necessary to implement an effective program of youth delinquency prevention throughout the State.

Section 20-7-2490. Appointment, compensation and removal of school superintendents and employees. The Board shall appoint a competent superintendent of each school and other employees as may be needed for their proper management, and shall fix their compensation and may, within its discretion, remove any superintendent or other employee to effect a more efficient and economical administration of the schools.

Section 20-7-2500. William J. Goldsmith Reception and Evaluation Center. The Board shall establish and maintain a Reception and Evaluation Center at which all persons referred or committed to its custody by any court or agency shall be received, examined and evaluated prior to assignment to one of its institutions or before other disposition or recommendation is made concerning such persons. Evaluation shall include but not be limited to:

(1) A complete physical, psychological and mental examination.

(2) An investigation and consideration of family and community environment and other facts in background of the person concerned that might relate to his delinquency.

(3) A determination of the correctional or custodial care that would be most appropriate. The Board shall create such facilities and employ such personnel as will enable the Center to conduct the necessary physical, mental and psychological examinations required by this section.

The center shall be designated 'The William J. Goldsmith Reception and Evaluation Center'. Section 20-7-2510. Willow Lane School. The facilities for girls operated in the Columbia area by the Department of Youth Services are hereby designated the 'Willow Lane School'.

Section 20-7-2520. Mentally ill and mentally retarded children standards of health for children committed. No person shall be committed to an institution under the control of the Board who is seriously handicapped by mental illness or retardation. If, after a person is referred to the Reception and Evaluation Center, it shall be determined that he is mentally ill, as defined in Section 44-23-10, or mentally retarded to an extent that he could not, be properly cared for in its custody, the Board may institute necessary legal action to accomplish the transfer of such person to such other state institution as in its judgment is best qualified to care for him in accordance with the laws of this State. Such legal actions shall be brought in the resident county of the subject person. The Board shall establish standards with regard to the physical and mental health of persons which it can accept for commitment.

Section 20-7-2530. Transfer of child from one institution to another. Any child committed to an institution under the provisions of this chapter may be transferred, in the discretion of the Board, to any of the schools or vocational training centers under its jurisdiction.

Section 20-7-2540. Contracts and expenditures; records and books. The Board may make contracts and expend public funds reasonably necessary for the management and support of the schools within the limits of the funds specifically appropriated for such purposes and shall provide for the keeping of accurate records relating to the person submitted to its care and a system of books showing the financial condition of the respective schools at all times, and the unexpended balance of any appropriation.

Section 20-7-2550. Agreements with boards of other state institutions. The Board may enter into agreements with the boards of and other state institutions for the purpose of effecting a more efficient and economical management of one or more of the institutions under its supervision. Section 20-7-2560. Academic and vocational training at institutions for children. Academic and vocational training at all institutions under the Board shall meet standards prescribed by the State Department of Education based upon standards required for public schools. The Department may prescribe such additional requirements as it may from time to time deem necessary. The State Superintendent of Education will administer the standards related to the high school and elementary school programs. Reports from the State Department of Education, evaluating the educational program at all juvenile corrections institutions and indicating whether or not the program meets the standards as prescribed, shall be made directly to the Board of Youth Services at regularly scheduled meetings. Such State Department of Education supervisory personnel as deemed appropriate shall be utilized for evaluating the programs and for reporting to the Board of Youth Services. The Board of Youth Services shall operate as the board of trustees for schools under its jurisdiction for all administrative purposes, including the receipt and expenditure of funds appropriated or granted to the schools for any purpose. Schools operated by the Board shall receive funds from the State Department of Education under the same provisions as other public schools in South Carolina.

Section 20-7-2570. Annual report. The Board shall prepare an annual report with respect to each of the schools on or before the first day of November in each year as to the state and condition of the schools, the persons committed thereto, the monies expended and received, and generally as to all proceedings done and had with respect to the management and conduct thereof.

Section 20-7-2580. Supervising chaplain. The Board shall appoint a supervising chaplain for the Department of Youth Services who shall be responsible to the Board for the spiritual welfare and guidance of children in the custody of the Board. Subject to the approval of the Director of the Department, the supervising chaplain shall employ chaplains for the schools operated by the Board who shall provide religious and spiritual counsel and guidance for the staff and children in those institutions. The duties of the supervising chaplain and the chaplains assigned to the various schools shall be prescribed by the Board and shall include, but not be limited to, conducting religious services at the various institutions, and insuring that each child has the opportunity for freedom of religious expression and development, including the observance of sectarian religious rites which are appropriate to his religious background or avowed convictions, either in or outside the institutions to which these children have been committed.

Section 20-7-2590. Fees for evaluation and treatment services; hearing and review; collection. The Board of the Department of Youth Services is authorized to charge and collect fees for evaluation and treatment services provided for any person referred or temporarily committed to its facilities either at the evaluation center in Columbia or any centers or other facility of the Department or the Youth Bureau. Fees may be charged to a parent or guardian or to the public or private agency responsible for the temporary commitment or referral. In cases where insurance coverage is available, fees of treatment or evaluation may be charged to the insurer. No fees shall be charged to any person who is finally committed to a custodial facility of the Department and no person shall be denied treatment or evaluation services because of inability to pay for such services.

The Board shall approve a schedule of maximum charges for the various services of the Department, including residential care, and shall review the schedule from time to time. The Board shall approve the procedures established to determine ability to pay and may authorize its designees to reduce or waive charges based upon their findings.

No charge for services rendered by the Department may exceed the actual cost of such services at the facility rendering such services. The Department shall establish a hearing and review procedure so that parents or legal guardians of a person under the Department's jurisdiction may appeal charges made for services or may present to the departmental officials information or evidence which, in their opinion, needs to be considered in establishing charges.

The Department may utilize all legal procedures to collect lawful claims. All funds collected pursuant to this section shall be deposited with the State Treasurer for use of the Department in defraying the cost of services for which such fees may be collected.

Section 20-7-2600. Sale of timber from lands owned by Department. The State Board of Youth Services is hereby authorized to sell mature trees and other timber suitable for commercial purposes from lands owned by the Department of Youth Services. Prior to such sales, the board shall consult with the State Forester to determine the economic feasibility of and obtain approval for such sales. Funds derived from timber sales shall be credited to the account of the Department of Youth Services to be used for capital improvements subject to the approval of the Budget and Control Board.

Section 20-7-2610. Sale of Bumper stickers. The Department of Youth Services is authorized to print or purchase for resale bumper stickers prepared to publicize and educate the public concerning activities of the department. All such material shall have 'South Carolina' inscribed thereon. After the costs of any such materials have been recovered, all proceeds from the sale of such materials shall be deposited in the student welfare fund of the department and used for the purposes prescribed for that fund.

Section 20-7-2620. Furloughs. The Department of Youth Services may grant furloughs, not to exceed thirty days, under prescribed conditions to children domiciled in its custody unaccompanied by a custodial agent. Failure by the child to return from such a furlough as directed shall be deemed an escape.

Section 20-7-2630. Transportation of children. Any child committed under the terms of subarticle 17 of Article 11 of this chapter shall be conveyed by the sheriff, deputy sheriff or persons appointed by the sheriff of the county in which such child resides, to the custody of the Board of Youth Services or the Board of Juvenile Placement and Aftercare, and the expense of such conveyance and delivery shall be borne by such county. The judge who commits may, in his discretion, order that such child be transferred to the custody of the Board without the attendance of an officer or in such manner as may be advisable.

SUBARTICLE 9

Department and Board of Juvenile Placement and Aftercare

Section 20-7-2640. State Board of Juvenile Placement and After care created; membership, terms, compensation, officers, rules and procedures. There is hereby created the State Board of Juvenile Placement and Aftercare, composed of five members appointed by the Governor with the advice and consent of the Senate. The Director of the Department of Youth Services shall serve ex officio as a voting member of the Board. Vacancies which occur when the Senate is not in session may be filled by appointees who shall be de facto members until acted upon by the Senate. Terms of office for appointed members shall be for five years and until successors are appointed and qualify. No member shall be reappointed to the Board until two years after the expiration of his term.

The members of the Board shall be reimbursed for actual expenses incurred in attending Board meetings and shall receive as compensation the same per diem as provided by law for boards, committees and commissions.

The Board shall elect from its members a chairman, who shall serve for two years and who shall not succeed himself as chairman. The Board may elect a vice-chairman and secretary and shall fix the time and place of meetings. Rules and procedures for Board meetings shall be adopted as deemed advisable by the Board.

Section 20-7-2650. Establishment of Placement and Aftercare Department for Juveniles. The Board shall establish and operate a Placement and Aftercare Department for Juveniles with functions and responsibilities as prescribed by this subarticle and subarticles 13 and 15 of Article 11 of this chapter. The Department shall be composed of a director, assistant director necessary clerical help and not less than fourteen counselors. The number of counselors or other personnel may be increased as the need therefor may be determined by the Board. The Board shall appoint the director and assistant director and, together with the director, shall appoint the counselors. Section 20-7-2660. Director and counselors subject to rules and regulations of State Board of Juvenile Placement and Aftercare. The director and counselors shall be subject to the rules and regulations promulgated by the State Board of Juvenile Placement and Aftercare and shall meet with the Board when requested.

Section 20-7-2670. Qualifications of probation counselor and other personnel. Only those persons who meet the following qualifications shall be eligible for appointment as probation counselors:

(1) A person having a college degree with special training in the field of Social Science, or its equivalent;

(2) Attributes of personality and character as would render the suitable for the functions of the office.

Section 20-7-2680. Contracts and expenditures; annual report The Board is authorized to make contracts and expend public funds as required to carry out the functions prescribed for it in this subarticle and subarticle 17 of Article 11 of this chapter within the limits of appropriated funds, and shall provide for the keeping of accurate records relating thereto.

An annual report shall be prepared by the Board which will include an account of all funds received and expended.

Section 20-7-2690. Transportation of children. Any child committed under the terms of subarticle 17 of Article 11 of this chapter shall be conveyed by the sheriff, deputy sheriff or persons appointed by the sheriff of the county in which such child resides, to the custody of the Board of Youth Services or the Board of Juvenile Placement and Aftercare, and the expense of such conveyance and delivery shall be borne by such county. The judge who commits may, in his discretion, order that such child be transferred to the custody of the Board without the attendance of an officer or in such manner as may be advisable.

SUBARTICLE 11

Child Day Care Facilities

Section 20-7-2700. Definitions. For the purpose of this subarticle:

a. 'Child day care' means the care, supervision or guidance of a child or children, unaccompanied by the parent, guardian or custodian, on a regular basis, for periods of less than twenty-four hours per day, but more than four hours, in a place other than the child's or the children's own home or homes.

b. 'Child day care facilities' means any facility which provides care, supervision or guidance for any minor child who is not related by blood, marriage or adoption to the owner or operator of such a facility whether or not the facility is operated for profit and whether or not the facility makes a charge for services offered by it. This definition includes, but is not limited to. day nurseries, nursery schools, day care centers, group day care homes and family day care homes. The term does not include (1) any educational facility, whether private or public, which operates solely for educational purposes in grades one or above; (2) five-year-old kindergarten programs operated by public school systems; (3) kindergartens or nursery schools or other day-time programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age; (4) kindergartens or nursery schools or other day-time programs operated as part of a private school and receiving children younger than lawful school age for four hours a day or less, with or without stated educational purposes; (5) facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis as defined in this subarticle while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available; provided, however, that such facilities meet local fire and sanitation requirements; (6) summer resident or day camps for children; (7) Bible schools normally conducted during vacation periods; (8) facilities for the mentally retarded provided for in Article 3 of Chapter 21 of Title 44; (9) facilities for the mentally ill as provided for in Section 44-17-10 of the 1976 Code; (10) child day care centers and group day care homes owned and operated by a local church congregation or an established religious denomination or a religious college or university which does not receive state or federal financial assistance for day care services; provided, however, that such facilities must comply with the provisions of Sections 20-7-2920 through 20-7-2990 and provided, further, that they may voluntarily elect to become licensed according to the process as set forth in Sections 20-7-2720 through 20-7-2800 and Sections 20-7-3000 through 20-7-3110.

c. 'Public child day care facility' means a facility as defined under item b of this section which was created and exists by act of the State or a county, city or other political subdivision, whose operation remains under the tutelage and control of a governmental agency.

d. 'Private child day care facility' means a facility as defined under item b of this section which is not a public child day care facility, and which is able to be further classified as follows (1) 'Entrepreneurial child day care facility' means a facility whose day care operator may receive public assistance funds directly or indirectly but which is managed as a profit-making business enterprise and whose corporation or private ownership is liable for payment of federal and state income taxes on profits earned by the facility.

(2) 'Nonprofit child day care facility' means a facility whose child day care operator may receive public assistance funds directly or indirectly but which is operated under the tutelage and control of a nonprofit or eleemosynary corporation, foundation, association or other organization whose ownership may or may not be liable for payment of federal and state income taxes on profits earned by the facility.

e. 'Child day care center' means any facility which regularly receives thirteen or more children for day care.

f. 'Group day care home' means any facility, generally within a dwelling unit, which regularly provides child day care for at least seven but not more than twelve children, unattended by a parent or a legal guardian, including those children living in the home and children received for day care who are related to the resident caregiver. Provided, however, that an occupied residence in which child day care is regularly provided only for a child or children related to the resident caregiver, or only for the child or children of one unrelated family, or only for a combination of such children is not a group day care home.

g. 'Family day care home' means an occupied residence in which child day care is regularly provided for no more than six children, unattended by a parent or legal guardian, including those children living in the home and children received for day care who are related to the resident caregiver. Provided, however, that an occupied residence in which child day care is regularly provided only for a child or children related to the resident caregiver, or only for the child or children of one unrelated family, or only for a combination of such children is not a family day care home.

h. 'Child day care operator' means the person, corporation, partnership, voluntary association or other public or private organization ultimately responsible for the overall operation of a child day care facility.

i. 'Caregiver' means any person whose duties include direct care, supervision and guidance of children in a child day care facility.

j. 'Minor child' means a person who has not reached the eighteenth birthday.

k. 'Department' means the State Department of Social Services, the agency designated to administer the regulation of child day care facilities under this subarticle, with the advice of the State Advisory Committee on the Regulation of Child Day Care Facilities.

l. 'Committee' means the State Advisory Committee on the Regulation of Child Day Care Facilities, named under this subarticle to advise the department on regulatory matters related to child day care facilities.

m. 'Commissioner' means the administrative head of the department.

n. 'Regularly, or on a regular basis': these terms refer to the frequency with which child day care services are available and provided at a facility in any one week; these terms mean the availability and provision of periods of day care on more than two days in such week.

o. 'Related' means any of the following relationships by marriage blood or adoption: parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, aunt, cousin of the first degree.

p. 'Regular license' means a license issued by the department for a two-year period to an operator of a private child day care center or group day care home showing that the licensee is in compliance with all provisions of this subarticle and the regulations of the department and the time of issuance and authorizing the licensee to operate in accordance with the provisions of the license, this subarticle and the regulations of the department.

q. 'Provisional license' means a license issued by the department to an operator of a private child day care center or group day care home authorizing the licensee to begin operations although the licensee is temporarily unable to comply with all of the requirements for a license.

r. 'Regular approval' means a written notice issued by the department for a two-year period to a department, agency or institution of the State, or a county, city or other political subdivision, approving the operation of a public child day care center or group day care home in accordance with the provisions of the notice, this subarticle and the regulations of the department.

s. 'Provisional approval' means a written notice issued by the department to a department, agency or institution of the State, or a county, city or other political subdivision approving the commencement of operations of a public child day care center or group day care home although the operator is temporarily unable to comply with all of the requirements for approval.

t. 'Registration' means the process whereby child day care centers and group day care homes owned and operated by a church or a publicly recognized religious educational or religious charitable institution are regulated under this subarticle and the process whereby all family day care homes are regulated under this subarticle.

u. Declaratory order' means a written statement on the part of the department approving plans for construction or renovation insuring against the imposition of more stringent regulations at a later date.

v. 'Renewal' means in regard to child day care centers and group day care homes, to grant an extension of a regular license or regular approval for another two-year period provided an investigation of such facilities verifies that they are in compliance with the applicable regulations; in regard to family day care homes, to place the name of the operator on the registration list for another year provided procedures indicated in this subarticle have been completed.

w. 'Revocation' means to void the regular license of a child day care center or group day care home.

x. 'Deficiency correction notice' means a written statement on the part of the department notifying a child day care facility which is not complying with any applicable regulations to correct the deficiencies stated in the notice within a reasonable time limit.

y. 'Complaint' means a written statement reporting unsatisfactory conditions in a child day care facility.

z. 'Curriculum' means and includes design of courses, teaching philosophy, methods and activities.

Section 20-7-2710. Purpose. a. The intent of this subarticle is to define the regulatory duties of government necessary to safeguard children in care in places other than their own homes, insuring for them minimum levels of protection and supervision. Toward that end, it is the purpose of this subarticle to establish statewide minimum regulations for the care and protection of children in child day care facilities, to insure maintenance of these regulations and to approve administration and enforcement to regulate conditions in such facilities. It shall be the policy of the State to insure protection of children under care in child day care facilities, and to encourage the improvement of child day care programs.

b. It is the further intent of this subarticle that the freedom of religion of all citizens shall be inviolate. Nothing in this subarticle shall give any governmental agency jurisdiction or authority to regulate, supervise or in any way be involved in any Sunday school, Sabbath school, religious services or any nursery service or other program conducted during religious or church services primarily for the convenience of those attending such services.

c. Nothing in this subarticle shall create authority for the Department of Social Services to influence or regulate the curriculum of child day care facilities.

Section 20-7-2720. Application of the law. No person, corporation, partnership, voluntary association or other organization may operate a private child day care center or group day care home unless licensed to do so by the department.

Section 20-7-2730. Issuance of license. a. Application for license shall be made on forms supplied by the department and in the manner it prescribes.

b. Before issuing a license the department shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a private child day care center or group day care home. If the results of the investigation verify that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, a license shall be issued. The applicant shall cooperate with the investigation and related inspections by providing access to the physical plant, records, excluding financial records, and staff. Failure to comply with the regulations promulgated by the department within the time period specified in this subarticle, provided that adequate notification of deficiencies has been made, is a ground for denial of application. The investigation and inspections may involve consideration of any facts, conditions or circumstances relevant to the operation of the child day care center or group day care home, including references and other information about the character quality of the personnel.

c. Each license shall be conditioned by stating clearly the name address of the licensee, the address of the child day care center or group day care home and the number of children who may be served.

d. Failure of the department, except as provided in Section 20-7-3070, to approve or deny any application within ninety days shall result in the granting of a provisional license.

Section 20-7-2740. License renewal. a. Regular licenses may be renewed upon application and approval. Notification of a child day care center or group day care home regarding renewal shall be the responsibility of the department.

b. Application for renewal shall be made on forms supplied by the department in the manner it prescribes.

c. Before renewing a license the department shall conduct an investigation of the child day care center or group day care home. If the results of the investigation verify that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, the license shall be renewed. The licensee shall cooperate with the investigation and related inspections by providing access to the physical plant, records and staff. Failure to comply with the regulations promulgated by the department within the time period specified in this subarticle provided adequate notification of deficiencies has been made is a ground for revocation of the license. The investigation and inspections may involve consideration of any facts, conditions or circumstances relevant to the operation of the child day care center or group day care home.

Section 20-7-2750. Deficiency correction notices. Whenever the department finds upon inspection that a private child day care center or group day care home is not complying with any applicable licensing regulations, the department shall notify the operator to correct such deficiencies.

a. Every correction notice shall be in writing and shall include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the subarticle and regulations relied upon. The period shall be reasonable and, except when the department finds an emergency dangerous to the health or safety of children. not less than thirty days from the receipt of such notice.

b. Within two weeks of receipt of such notice, the operator of the facility may file a written request with the department for administrative reconsideration of the notice or any portion thereof.

c. The department shall grant or deny a written request within seven days of filing and shall notify the operator of such grant or denial.

d. In the event that the operator of the facility fails to correct deficiencies within the period prescribed, the department may revoke the license.

Section 20-7-2760. Appeals. a. An applicant who has been denied a license by the department shall be given prompt written notice by certified or registered mail. The notice shall indicate the reasons for the proposed action and shall inform the applicant of the right to appeal the decision to the commissioner in writing within thirty days after the receipt of notice of denial. Upon receiving a written appeal the commissioner shall give the applicant reasonable notice and an opportunity for a prompt hearing before a hearing examiner appointed by the Board of the South Carolina Department of Social Services. On the basis of the evidence adduced at the hearing, the commissioner shall make the final decision of the department as to whether the application shall be denied. If no written appeal is made, the application shall be denied as of the termination of the thirty-day period.

b. A licensee whose application for renewal is denied or whose license is about to be revoked shall be given written notice by certified or registered mail. The notice shall contain the reasons for the proposed action and shall inform the licensee of the right to appeal the decision to the commissioner in writing within thirty calendar days after the receipt of the notice. Upon receiving a written appeal the commissioner shall give the licensee reasonable notice and an opportunity for a prompt hearing before a hearing examiner appointed by the Board of the South Carolina Department of Social Services. On the basis of the evidence adduced at the hearing, the commissioner shall make the final decision of the department as to whether the license shall be denied or revoked. If no written appeal is made, the license shall be denied or revoked as of the termination of the thirty-day period.

c. At the hearing provided for in this section, the applicant or licensee may be represented by counsel and has the right to call, examine and cross-examine witnesses and to otherwise introduce evidence. Parents appearing at the hearing may also be represented by counsel. The hearing examiner is empowered to require the presence of witnesses and evidence by subpoena on behalf of the appellant or department. The final decision of the department shall be in writing, shall contain the department's findings of fact and rulings of law and shall be mailed to the parties to the proceedings by certified or registered mail to their last known addresses as may be shown in the application, or otherwise. A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless the department's decision is appealed to the courts, or a transcript is requested by an interested party. Upon an appeal to the courts, the department shall furnish to any appellant, free of charges, a certified copy of the transcript of all evidentiary proceedings before it. Other parties shall pay the cost of transcripts prepared at their request.

d. The decision of the department shall become final unless appealed by a party to the hearing to the circuit court having jurisdiction for the county in which the facility is located for review within thirty days after the receipt by the party of the notice of the decision. The review shall consist of a trial de novo. The court shall have power to enter judgment upon the pleadings and a certified transcript of the record which shall include the evidence upon which the findings and decisions appealed are based.

Section 20-7-2770. Register. Every child day care center or group day care home shall maintain a register setting forth essential facts concerning each child enrolled under the age of eighteen years.

Section 20-7-2780. License. a. Each child day care center or group day care home shall maintain its current license displayed in a prominent place at all times.

b. No license shall be transferred nor shall the location of any child day care center or group day care home or place of performance of service be changed without the written consent of the department. The department shall consent to such change for a reasonable period of time when emergency conditions require it, so long as the new of time when emergency conditions require it, so long as the new location or place of performance substantially conforms to state fire and health requirements.

c. Upon occurrence of death of a child on the premises of a child day care center or group day care home in which such child is enrolled or while under the constructive control of the holder of the license of such facility, it shall be and hereby is the responsibility of the latter to notify the department within forty-eight hours and follow up with a written report as soon as is certified by the appropriate government official.

Section 20-7-2790. Application of the law. Every operator or potential operator of a public child day care center or group day care home must apply to the department for an investigation an a statement of standard conformity or approval, except those facilities designated in Section 20-7-2700.

Section 20-7-2800. Issuance of statement of approval. a. Application for a statement of standard conformity or approval shall be made on forms supplied by the department and in the manner It prescribes.

b. Before issuing approval the department shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a public child day care center or group day care home. If the results of the investigation verify that the provisions of the subarticle and the applicable regulations promulgated by the department are satisfied, approval shall be issued. The applicant shall cooperate with the investigation and inspections by providing access to the physical plant, records and staff. The investigations related inspections may involve consideration of any facts, conditions or circumstances relevant to the operation of the center or group day care home, including references and other information about the character and quality of the personnel. If the child day care center or group day care home fails to comply with the regulations promulgated by the department within the time period specified in this subarticle provided adequate notification regarding deficiencies has been given, the appropriate public officials of the state and local government shall be notified.

Section 20-7-2810. a. Regular approvals may be renewed upon application and approval. Notification of a child center or group care home regarding renewal shall be the responsibility of the department.

b. Application for renewal shall be made on forms supplied by the department and in the manner it prescribes.

c. Before renewing an approval the department shall conduct an investigation of the child day care center or group day care home. If the results of the investigation verify that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, the approval shall be renewed. The operator shall cooperate with the investigation and related inspections by providing access to the physical plant, records and staff. If the operator's statement of approval cannot be renewed, the appropriate public officials shall be notified.

Section 20-7-2820. Deficiency correction notices. Whenever the department finds upon inspection that a public child day care center or group day care home is not complying with any applicable regulations, the department may notify the operator to correct such deficiencies.

a. Every correction notice shall be in writing and shall include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the subarticle and regulations relied upon. The period shall be reasonable and, except when the department finds an emergency dangerous to the health or safety of children, not less than thirty days from the receipt of such notice.

b. Within two weeks of receipt of such notice, the operator of the public child day care center or group day care home may file a written request with the department for administrative reconsideration of the notice or any portion thereof.

c. The department shall grant or deny a written request within seven days of filing and shall notify the operator of the child day care center or group day care home of such grant or denial.

d. In the event that the operator fails to correct any deficiency within the period prescribed for correction, the department shall notify the appropriate public officials.

Section 20-7-2830. Review meeting. a. An applicant or operator who has been denied approval or renewal of approval by the department shall be given prompt written notice thereof, which shall include a statement of the reasons for the denial. The notice shall also inform the applicant or operator that it may, within thirty days after the receipt of the notice of denial, appeal the denial by making a written request to the commissioner for an opportunity to show cause why its application should not be denied.

b. Upon receiving a written petition, the commissioner shall give the applicant or operator reasonable notice and an opportunity for a prompt, informal meeting with the commissioner or his designee with respect to the action by the department, and an opportunity to submit written material. On the basis of the available evidence, including information obtained at the informal meeting and from the written material, the commissioner shall decide whether the application shall be granted for approval, provisional approval or denied. The decision of the commissioner shall be in writing, shall contain findings of fact and shall be mailed to the parties to the proceedings by certified or registered mail. Notification of the decision shall be sent to the Governor and appropriate officials of the state or local government.

Section 20-7-2840. Registration and penalty. a. As used in this subarticle, 'family day care home' means an occupied residence in which child day care is regularly provided for no more than six children, unattended by a parent or legal guardian, including those children living in the home, and the children received for day care who are related to the resident caregiver. Provided, however, that an occupied residence in which child day care is regularly provided only for a child or children related to the resident caregiver, or only for the child or children of one unrelated family, or only for a combination of such children is not a family day care home.

b. Every operator of a family day care home shall register with the department within six months of June 13, 1977.

Section 20-7-2850. Registration procedures. a. Registration shall be completed on forms supplied by the department and in the manner it prescribes.

b. Prior to becoming a registered operator, the applicant shall:

(1) sign a statement that he has read the suggested standards developed by the department under Section 20-7-2980;

(2) furnish the department with a signed statement by each consumer parent verifying that the operator has provided each consumer parent with a copy of the suggested standards for family day care homes and the procedures for filing complaints;

(3) upon request provide the department with any facts, conditions or circumstances relevant to the operation of the family day care home, including references and other information regarding the character of the family day care home operator.

Section 20-7-2860. Statement of registration. a. A statement of registration shall be issued when the family day care operator satisfactorily completes the procedures prescribed by this subarticle. The current statement shall be displayed in a prominent place in the facility at all times.

b. Registration expires at the end of one year from the date of issuance of the statement of registration. Registration may be renewed according to the procedures developed by the department.

c. The department shall have the power to withdraw the statement of registration if the health and safety of the children so require, if the facility has enrolled children beyond the limits defined in this subarticle, or if the operator fails to comply with the registration procedures provided in this subarticle.

Section 20-7-2870. Visits upon expressed concerns by the community. The department shall visit the facility when concerns are expressed by the community regarding the health and safety of the children, child abuse or enrollment beyond the limits set forth in this subarticle.

a. If the concern is in regard to the health and safety of the children, the department may call on other appropriate agencies (i.e., State Department of Health and Environmental Control, Office of the State Fire Marshal) as necessary to conduct an inspection.

b. If the concern indicates that the child has been abused, the department shall carry out its responsibility as authorized under Article 7 of this chapter.

c. If the visits and inspections verify conditions detrimental to the health and safety of the children or over-enrollment, the department shall carry out its responsibility as authorized by subsection C of Section 20-7-2860 and Section 20-7-3010.

Section 20-7-2880. Appeals. a. A registrant whose statement of registration has been withdrawn by the department shall be given written notice by certified or registered mail. The notice shall contain the reasons for the proposed action and shall inform the registrant of the right to appeal the decision to the commissioner in writing within thirty calendar days after the receipt of the notice. Upon receiving a written appeal the commissioner shall give the registrant reasonable notice and an opportunity for a prompt hearing before a hearing examiner appointed by the Board of the South Carolina Department of Social Services. On the basis of the evidence adduced at the hearing, the commissioner shall make the final decision of the department as to whether the statement of registration shall be withdrawn. If no written appeal is made, the statement of registration shall be withdrawn as of the termination of the thirty-day period.

b. At the hearing provided for in this section, the registrant may be represented by counsel, and has the right to call, examine and cross-examine witnesses and to otherwise introduce evidence. Parents appearing at the hearing may also be represented by counsel. The hearing examiner is empowered to require the presence of witnesses and evidence by subpoena on behalf of the appellant or department. The final decision of the department shall be in writing, shall contain the department's findings of fact and rulings of law and shall be mailed to the parties to the proceedings by certified or registered mail. A full and complete record shall be kept of all proceedings, and all testimony shall be reported and need not be transcribed unless the decision is appealed to the courts, or a transcript is requested by an interested party. Upon an appeal to the courts, the department shall furnish to any appellate, free of charge, a certified copy of the transcript of all evidentiary proceedings before it. Other parties shall pay the cost of transcripts.

c. The decision of the department shall become final unless appealed by a party to the hearing to the circuit court having jurisdiction for the county in which the facility is located for review within thirty days after the receipt by the party of the notice of the decision. The review shall consist of a trial de novo. The court shall have power to enter judgment upon the pleadings and a certified transcript of the record which shall include the evidence upon which the findings and decisions appealed are based.

Section 20-7-2890. Consultation. The department shall offer consultation through employed staff or other qualified persons to assist a potential applicant, an applicant or registered operator in meeting and maintaining the suggested standards for family day care homes.

Section 20-7-2900. Application of the law. No local church congregation or established religious denomination or religious college or university which does not receive state or federal financial assistance for day care services may operate a child day care center or group day care home unless it complies with the requirements for registration, inspection and the regulations for health and fire safety as set forth in Sections 20-7-2910 through 20-7-2970.

Section 20-7-2910. Registration and inspection. It shall be the responsibility of the child day care operator to notify the department of the fact of its operation and existence and to request inspection of the facility. It shall be the responsibility of the department to request that the local health and fire safety agencies conduct an inspection of the facility at least annually and more often if necessary to insure compliance with health and fire safety regulations. If there be no local health and safety agencies to conduct the inspection, then the appropriate State Agency will conduct the inspection. The department shall register any such day care facility upon notification from health and fire safety agencies that the day care facility is in compliance with such regulations. The regulations applied shall be the same health and fire safety regulations applied to other facilities regulated under this subarticle as set forth in the December 28, 1976 regulations as filed with the Secretary of State by the department for Child Day Care Centers and Group Day Care Homes.

Section 20-7-2920. Injunction. The department is empowered to seek an injunction against the continuing operation of a child day care center or group day care home in the circuit court having jurisdiction over the county in which the facility is located:

(1) When the facility is operating without having requested the appropriate inspections;

(2) When there is any violation of the health and fire safety regulations as set forth by Sections 20-7-2910 through 20-7-2970 which threaten serious harm to children in the child day care center or group day care home;

(3) When an operator has repeatedly violated the health and fire safety regulations.

Section 20-7-2930. Deficiency correction notice. Whenever the health or fire safety agency finds upon inspection that a child day care center or group day care home is not complying with the applicable regulations, the appropriate agency shall notify the department. The department shall then request the operator to correct such deficiencies.

a. Every correction notice shall be in writing and shall include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the subarticle and regulations relied upon. The period shall be reasonable and, except when the appropriate agency finds an emergency dangerous to the health or safety of children, not less than thirty days from the receipt of such notices.

b. Within two weeks of receipt of such notice, the operator of the facility may file a written request with the department for administrative reconsideration of the notice or any portion thereof.

c. The department shall grant or deny a written request and shall notify the operator of action taken.

d. In the event that the operator of the facility fails to correct deficiencies within the period prescribed, the department may suspend the registration of the facility to be effective thirty days after date of notice.

Section 20-7-2940. Appeals. a. When the registration of any facility has been suspended, the operator shall be given prompt written notice. The notice shall indicate the reasons for the suspension and shall inform the operator of the right to appeal the decision through administrative channels to the department and according to established appeals procedure for the department.

b. Upon appeal, the decision of the department shall become final unless appealed by a party to the hearing to the circuit court having jurisdiction for the county in which the facility is located for review within thirty days after the receipt by the party of the notice of the decision. The review shall consist of a trial de novo. The court shall have the power to enter judgment upon the pleadings and a certified transcript of the record which shall include the evidence upon which the findings and decisions appealed are based.

Section 20-7-2950. Implementation of Sections 20-7-2910 through 20-7-2970. In order to provide for the gradual implementation of the registration and inspection process, each child day care center and group day care home must apply to the department within six months of June 13, 1977. The health and fire safety agencies shall have one year from June 13, 1977 to complete initial inspection and make their report to the department.

Section 20-7-2960. Enforcement. It shall be the duty of every circuit solicitor to institute action for the enforcement of the provisions of Sections 20-7-2910 through 20-7-2970.

Section 20-7-2970. Penalties. Any operator violating the provisions of Sections 20-7-2910 through 20-7-2970 shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding five hundred dollars or imprisonment not exceeding six months, or both.

Section 20-7-2980. Development of regulations and suggested standards. a. The department shall with the advice and consent of the Advisory Committee develop and promulgate regulations depending upon the nature of services to be provided for the operation and maintenance of child day care centers and group day care homes. The department with the advice of the Advisory Committee shall develop suggested standards which shall serve as guidelines for the operators of family day care homes and the parents of children who use the service. In developing such regulations and suggested standards, the department shall consult with:

(1) Other state agencies, including the State Department of Health and Environmental Control, the Office of the State Fire Marshal and the Office of the Attorney General.

(2) Parents, guardians or custodians of children using the service.

(3) Child advocacy groups.

(4) The State Advisory Committee on the Regulation of Child Day Care Facilities established by this subarticle.

(5) Operators of child day care facilities from all sectors.

(6) Professionals in fields relevant to child care and development.

(7) Employers of parents, guardians or custodians of children using the service.

Draft formulations shall be widely circulated for criticism and comment.

b. The regulations for operating and maintaining child day care centers and group day care homes and the suggested standards for family day care homes shall be designed to promote the health, safety and welfare of the children who are to be served by assuring safe and adequate physical surroundings and healthful food; by assuring supervision and care of the children by capable, qualified personnel of sufficient number. The regulations with respect to licensing and approval, and the suggested standards with respect to registration of family day care homes shall be designed to promote the proper and efficient processing of matters within the cognizance of the department and to assure applicants, licensees, approved operators, and registrants fair and expeditious treatment under the law.

c. The department shall conduct a comprehensive review of its licensing and approval regulations and family day care home suggested standards at least once each three years.

d. No regulations for child day care facilities shall exceed policies or minimum standards set for public child day care facilities regulated under this subarticle.

e. The department shall publish a proposed final draft of the regulations and amendments; provided, however, that, in any event, they shall be sent to all licensed, approved or registered facilities and notice of how they can be procured published in media of general circulation in order to reach the public statewide at least sixty days before they are proposed to go into effect. The publication also shall invite comments by interested parties. A public hearing shall be held at least thirty days prior to adoption of the regulations by the department. Provided, further, that all rules and regulations promulgated under the provisions of this subarticle shall be null and void unless approved by a concurrent resolution of the General Assembly at the session of the General Assembly following their promulgation.

f. The department shall establish a procedure for its representatives to follow in receiving and recording complaints. Standard forms may be produced and made available to parents and users of facilities upon request to the department. A copy of any complaint shall be made available to the involved operator immediately upon his request.

Section 20-7-2990. Investigations and inspections. a. In exercising the powers of licensing, approving, renewing, revoking or making provisional licenses and approvals, the department shall investigate and inspect licensees and approved operators and applicants for a license or an approval. The authorized representative of the department may visit a child day care center or group day care home anytime during the hours of operation for purposes of investigations and inspections. Except in cases involving a complaint or expressed concerns of the community, inspections shall be made on not less than twenty-four hours notice. In conducting investigations and inspections, the department may call on political subdivisions and governmental agencies for appropriate assistance within their authorized fields. The inspection of the health and fire safety of child day care centers and group day care homes shall be completed upon the request of the department by the appropriate agencies (i.e. Department of Health and Environmental Control, the Office of the State Fire Marshal or local authorities). Inspection reports completed by state agencies and local authorities shall be furnished to the department and shall become a part of its determination of conformity for licensing and approval. After careful consideration of the reports and consultation where necessary, the Department shall assume responsibility for the final determination of licensing, approving, renewing, revoking or making provisional licenses and approvals.

b. Before issuing a license or approval the department shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a child day care center or a group day care home. If the results of the investigation satisfy the department that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, a license or approval shall be issued.

Section 20-7-3000. Consultation. The department shall offer consultation through employed staff or other qualified person to assist applicants and operators in meeting and maintaining regulations.

Section 20-7-3010. Injunction. The department is empowered to seek an injunction against the continuing operation of a child day care facility in the circuit court having jurisdiction over the county in which the facility is located:

(1) When a facility is operating without a license or statement of registration;

(2) When there is any violation of this subarticle or of the regulations promulgated by the department which threatens serious harm to children in the child day care facility;

(3) When an operator has repeatedly violated this subarticle or the regulations of the department.

Proceedings for securing such injunctions may be brought by the Attorney General or circuit solicitor of the jurisdiction in which the facility or its headquarters is located.

Section 20-7-3020. Provisional registration, provisional license or provisional approval. a. The department shall have power to issue a provisional registration, provisional license or provisional approval only when the department is satisfied that (1) the regulations can and will be met within a reasonable time, and (2) the deviations do not seriously threaten the health or safety of the children. Such provisional registration, provisional license, or provisional approval, may be extended for such period as may be determined by the department but in no case beyond July 1, 1981.

b. Except as noted in item c of this section, no provisional license or provisional approval may be issued effective for any longer than one year.

c. Any facility granted a license or exempt from obtaining a license under the act previously in effect in this State and which does not qualify for a regular license under this subarticle shall be granted a provisional license in accord with item a of this section. Such a provisional license may be issued without regard to the time limit of item b of this section. No provisional license issued under item c shall remain effective, either by its initial issue or by renewal, for a period greater than three years.

Section 20-7-3030. Declaratory order. The department shall have power to issue a declaratory order to any applicant regarding approval of drawings and specifications related to construction or renovations proposed by a facility. Such order shall specifically state each factor to be considered and shall clearly indicate the department's probable approval or disapproval of each factor. No appeal of a declaratory order shall be permitted. No facet of a facility constructed in compliance with a declaratory order of the department shall serve as a basis for a refusal by the department to license or approve a facility.

Section 20-7-3040. Creation and membership. a. A State Advisory Committee on the Regulation of Child Day Care Facilities is hereby established. It shall consist of seventeen members appointed by the Governor, in accordance with the following:

(1) Five of the members appointed shall be parents of children who are receiving child day care services at the time of appointment, with no less than three representing the entrepreneurial facilities.

(2) Eight of the members appointed shall be representative of owners and operators of child day care facilities, one of which shall be an operator of a day care home. No less than five other appointees shall be operators of facilities subject to regulation who are actively engaged in the operation for profit.

(3) One member appointed shall represent the educational community of the State.

Nominees for membership on the advisory-committee pursuant to items (1), (2) and (3) shall be made from lists furnished the Governor by South Carolina organizations representing the various types of child day care facilities defined in this subarticle.

(4) One member appointed shall represent the business community of the State. Nominees for membership pursuant to this item shall be made from lists furnished the Governor by the South Carolina Chamber of Commerce.

(5) Two members appointed shall represent church-operated child day care centers, one of whom shall be an operator of a church child day care center and one of whom shall be a parent of a child who is receiving child day care services in a church-operated child day care center at the time of appointment.

b. Members shall serve for terms of three years and until their successors are appointed and qualify, except that of those initially appointed five shall serve for one year, five for two years and five for three years. Vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. Reappointment to serve a full term may ensue, however, at the discretion of the Governor but no member shall be permitted to succeed himself after serving a full term.

c. The chairman of the committee shall be designated by the Governor from among the appointees selected pursuant to the provisions of items (l) and (2) of subsection a of this section.

Section 20-7-3050. Duties. The State Advisory Committee on the Regulation of Child Day Care Facilities shall:

a. After the initial promulgation of regulations following the adoption of this subarticle, the committee shall review changes in the regulations and suggested standards proposed by the department and make recommendations thereon to the commissioner. The committee shall evaluate the regulations and suggested standards at the three year review period (Subsection c of Section 20-7-2980) and recommend necessary changes to the department. After the promulgation of the initial regulations following the adoption of this subarticle, no regulation shall be promulgated by the department which has been disapproved by a simple majority of the committee.

b. Advise the department regarding the improvement of the regulation of child day care facilities.

c. Advise the department on matters of regulatory policy, planning and priorities.

d. As it deems necessary, hold a public hearing at least thirty days prior to adoption of the regulations by the department.

e. Plan with the department for the procedures to be used in notifying licensees, approved operators and registrants regarding regulatory changes sixty days prior to intended promulgation.

f. Maintain through the department the essential liaison with other departments and agencies of state and local government so as to preclude imposition of duplicate requirements upon operators subject to regulations under this subarticle.

g. Act to move the adoption of its recommendations and other pertinent disposition of matters before it by decision of a simple majority of those members present and voting, provided there is a quorum of eight members.

Section 20-7-3060. Secretarial and administrative support. The department shall provide reasonable secretarial and administrative support to the advisory committee.

Section 20-7-3070. Implementation. In order to provide for the gradual implementation of the licensing, approval and registration programs, each child day care facility not licensed under the act previously in effect in this State must apply to the department for licensing, approval or statement of registration within six months of June 13, 1977. The department shall have one year from June 13, 1977 to take action to issue or deny license or approval of child day care centers and group day care homes or issue a statement of registration to family day care homes. Section 20-7-3080. Enforcement. It shall be the duty of every circuit solicitor to institute action for the enforcement of the provisions of this subarticle.

Section 20-7-3090. Penalties. Any person violating the provisions of this subarticle shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding five hundred dollars or imprisonment not exceeding six months, or both."

Analysis lines

SECTION 2. The analysis lines in this act are not intended as part of the act but are only for purposes of identification.

Repeal

SECTION 3. Chapter 21 of Title 14, Chapter 45 of Title 15, Section 15-75-30, Section 16-3-1030, Section 16-15-330, Section 16-17-460, Chapter 11 of Title 20, Chapter 21 of Title 21, Chapters 15 and 17 of Title 24, Chapter 5 of Title 32, Chapter 3 of Title 35, Chapters 9, 11, 13 and 15 of Title 43, Chapter 45 of Title 44, Section 52-11-130, Section 52-15-30, Section 61-9-80, Section 61-13-270 and Section 61-13-280 of the 1976 Code and Act 184 of 1977, Act 187 of 1977 and Act 469 of 1980 are repealed.

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.