Bill 2583

                    Current Status

Bill Number:               2583
Ratification Number:       193
Act Number                 111
Introducing Body:          House
Subject:                   Child protective services treatment
                           plan

(A111, R193, H2583)

AN ACT TO AMEND SUBARTICLE 1 OF ARTICLE 9 OF CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CHILDREN'S CODE, BY ADDING SECTIONS 20-7-762, 20-7-764, AND 20-7-766, SO AS TO PROVIDE FOR A TREATMENT PLAN TO BE PREPARED BY THE CHILD PROTECTIVE SERVICES AGENCY AND APPROVED BY THE FAMILY COURT UPON A FINDING THAT THE CHILD SHALL REMAIN IN THE HOME, FOR A TREATMENT PLAN TO BE PREPARED BY A PUBLIC OR PRIVATE AGENCY AND APPROVED BY THE FAMILY COURT UPON A FINDING THAT THE CHILD MUST BE REMOVED FROM THE CUSTODY OF THE PARENT OR GUARDIAN, FOR JUDICIAL REVIEW BY THE FAMILY COURT OF THE STATUS OF A CHILD REMOVED FROM HIS HOME UPON A PETITION BROUGHT BY THE PROTECTIVE SERVICES AGENCY WITHIN TWELVE MONTHS FOLLOWING THE CHILD'S INITIAL REMOVAL AND EVERY TWELVE MONTHS THEREAFTER, AND FOR THE FAMILY COURT TO SCHEDULE A REVIEW HEARING UPON ITS OWN MOTION OR UPON THE MOTION OF ANY PARTY IN INTEREST AT ANY TIME PRIOR TO THE TWELVE MONTHS; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PROVIDE THAT THE COURT SHALL HAVE JURISDICTION TO ORDER CUSTODY WITH ALL RIGHTS OF GUARDIANSHIP.

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

Court to review and approve plan

SECTION 1. Subarticle 1 of Article 9 of Chapter 7 of Title 20 of the 1976 Code is amended by adding:

"Section 20-7-762. At the close of a hearing pursuant to Section 20-7-650(H) or Section 20-7-736 and upon a finding that the child shall remain in the home and that protective services shall continue, the Family Court shall review and approve a treatment plan designed to alleviate any danger to the child and to aid the parents so that the child will not be endangered in the future. The plan must be prepared by the child protective services agency and shall detail any changes in parental behavior or home conditions that must be made and any services which will be provided to the family to ensure, to the greatest extent possible, that the child will not be endangered. Whenever possible, the plan must be prepared with the participation of the parents, the child, and any other agency or individual that will be required to provide services. The plan must be submitted to the court at the hearing. If any changes in the plan are ordered, the agency shall submit a revised plan to the court within two weeks of the hearing, with copies to the parties and legal counsel. Any dispute regarding the plan must be resolved by the court. The terms of the plan must be included as part of the court order.

Unless services are to terminate earlier, the agency shall schedule a review hearing before the court at least once every twelve months to establish whether the conditions which required the initial intervention exist. If the conditions no longer exist, the court shall order termination of protective services, and the court's jurisdiction shall end.

If the court finds that the conditions which required the initial intervention are still present, it shall establish:

(1) What services have been offered to or provided

to the parents;

(2) Whether the parents are satisfied with the

delivery of services;

(3) Whether the agency is satisfied with the

cooperation given to it by the parents; and

(4) Whether additional services should be ordered

and when termination of supervision by the agency

can be expected.

Court jurisdiction shall terminate automatically eighteen months after the initial intervention, unless, pursuant to a hearing on motion by any party, the court finds that there is clear and convincing evidence that the child is threatened with harm absent a continuation of services.

Section 20-7-764. At the close of a removal hearing pursuant to Section 20-7-736 and upon a finding that the child must be removed from the custody of the parent or guardian to the custody of a public or private agency, the Family Court shall review that agency's proposal and approve a plan for the placement of the child. The agency shall provide the court with a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what action the agency will take to maintain ties between the parent and child. Whenever possible, the plan must be prepared with the participation of the parents, the child, and any other agency or individual that will be required to provide services. The plan must be submitted to the court at the hearing. If any changes in the plan are ordered, the agency shall submit a revised plan to the court within two weeks of the hearing, with copies to the parties and legal counsel. The plan shall:

(1) Specify what obstacles exist to the return of the

child, what services the parents will receive, and what actions they must take in order to enable them to resume custody;

(2) Provide for the greatest degree of contact between

parent and child possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. However, the court may limit visitation or other forms of contact which would be seriously detrimental to the child;

(3) Provide the child's placement as close to home as

possible, unless the court finds that placement

at a greater distance is necessary to promote the child's well-being. In the absence of good cause to the contrary, preference must be given to placement with the child's relatives; and

(4) Provide for all reasonable services which are

appropriate and available within the agency or within the community.

Any dispute regarding the plan must be resolved by the court. The terms of the plan must be included as part of the court order.

Section 20-7-766. The status of a child removed from his home pursuant to Section 20-7-736 must be reviewed by the Family Court upon a petition brought by the protective services agency within twelve months following the child's initial removal and every twelve months thereafter. The petition must be filed with the court and served upon all parties at least seven days prior to the review hearing.

The court may also schedule a review hearing upon its own motion or upon the motion of any party in interest, at any time prior to the twelve months. A party in interest includes but is not limited to the child, the child's legal counsel and guardian ad litem, the natural parent, the individual or agency with legal custody of the child, the foster parent, or the local advisory board for review of foster care.

When the review is initiated by the protective services agency, the agency shall attach a supplemental report to the petition which contains at least the following information:

(1) A listing of the services that have been offered

to the parents and the child and an assessment of the progress that has been made in the treatment plan;

(2) A determination as to whether the child's current

placement is appropriate;

(3) A listing of what obstacles remain which prevent

the return of the child home and what services are recommended to remove those obstacles;

(4) The recommended disposition and a suggested time-

table for attaining permanency; and

(5) Any reports of the local advisory board for review

of foster care which pertain to the child.

The supplemental report, reports from the agency to the local advisory board for review of foster care, and reports compiled for internal agency reviews may be made on the same form. The agency may request a review based upon the pleadings by submitting to the court affidavits from the natural parents, the child's legal counsel and guardian ad litem, the individual or agency with legal custody of the child if different from the petitioning agency, the foster parents, and the local advisory board for review of foster care showing that all are in agreement as to the recommended disposition. Upon conducting a review, the court may issue an order consistent with the pleadings and affidavits or may order all parties to appear for a full hearing.

The court may order the return of the child to his home unless it finds by a preponderance of the evidence that the return would threaten the child with harm as defined in Section 20-7-490(D). If the child is returned home, the court may order agency supervision for a period not to exceed twelve months, at which time there must be a court hearing on the need for continued intervention pursuant to Section 20-7-762. If agency supervision is not ordered, the court's jurisdiction shall end.

Where the child is not returned home, the court shall establish on the record:

(1) What services have been provided to or offered to

the parents to facilitate reunion;

(2) Whether the parents are satisfied with the

services offered;

(3) The extent to which the parents have visited or

supported the child, and any reasons why visita-

tion or support has not occurred or has been infrequent;

(4) Whether the agency is satisfied with the coopera-

tion given it by the parents;

(5) Whether additional services are needed to enable

the child to return to the parents, and if so, the court may order the agency to provide

additional services;

(6) Whether return of the child can be expected, and

if so, when;

(7) Whether the child is to remain in foster care for

a specified time;

(8) Whether proceedings should be initiated for

permanent guardianship, termination of parental rights, or adoption; or

(9) Whether the child should remain in foster care

on a long-term basis, and if so, the special circumstances that justify long-term placement.

The court's jurisdiction shall end when an order of adoption or guardianship has been granted."

Jurisdiction of Family Court

SECTION 2. Section 20-7-420 of the 1976 Code, as amended, is further amended by adding the following item to be appropriately numbered which shall read:

"( ) To order custody with all rights of guardianship as described in Section 21-21-50."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.