South Carolina General Assembly
105th Session, 1983-1984

Bill 440


 Current Status

BillNumber: 440
Ratification Number: 598
Act Number: 497
Introducing Body: Senate
Subject: Relating to foster care review boards

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

(A497, R598, S440)

AN ACT TO AMEND SECTION 20-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO FURTHER PROVIDE FOR THE REVIEW OF AND PLACEMENT RECOMMENDATIONS CONCERNING THE CASES OF CERTAIN CHILDREN; TO AMEND SECTION 20-7-2390, RELATING TO THE SOUTH CAROLINA ADVISORY BOARD FOR REVIEW OF FOSTER CARE OF CHILDREN, SO AS TO CHANGE THE NAME TO THE SOUTH CAROLINA BOARD OF DIRECTORS FOR REVIEW OF FOSTER CARE OF CHILDREN, TO REVISE THE MEMBERSHIP OF THE BOARD AND THE QUALIFICATIONS AND TERMS OF THE MEMBERS, TO PROVIDE FOR CERTAIN FUNCTIONS AND AUTHORITY OF THE BOARD, AND TO REVISE THE MANNER IN WHICH THE CHAIRMAN OF THE BOARD SHALL BE SELECTED; TO AMEND SECTION 20-7-2400, RELATING TO LOCAL BOARDS FOR REVIEW OF CASES INVOLVING CHILDREN RECEIVING FOSTER CARE, SO AS TO DELETE REFERENCES TO THE TERMS OF SOME INITIAL MEMBERS OF THESE BOARDS, AND TO PROVIDE THAT THESE LOCAL REVIEW BOARDS SHALL EACH APPOINT A REPRESENTATIVE TO AN ADVISORY BOARD WHICH SHALL MEET AT LEAST ONCE A YEAR TO MAKE RECOMMENDATIONS TO THE BOARD OF DIRECTORS WITH REGARD TO COORDINATION OF RESPONSIBILITIES AMONG THE LOCAL REVIEW BOARDS AND BETWEEN THE LOCAL BOARDS AND THE BOARD OF DIRECTORS; TO AMEND SECTION 20-7-2410, RELATING TO THE LOCATION OF AND THE MEETINGS OF THESE LOCAL REVIEW BOARDS, SO AS TO DELETE REQUIREMENTS THAT THESE LOCAL REVIEW BOARDS MUST BE HOUSED WITHIN THE FAMILY COURT CHAMBERS OF THEIR JUDICIAL CIRCUIT AND MUST CONDUCT THEIR MEETINGS THEREIN; TO AMEND SECTION 20-7-2420, RELATING TO MANDATED COOPERATION BETWEEN AGENCIES PROVIDING FOSTER CARE AND THE ADVISORY BOARD AND LOCAL REVIEW BOARDS, SO AS TO CHANGE CERTAIN REFERENCES AND REVISE PROVISIONS PERTAINING TO REGULATIONS THE BOARD MUST PROMULGATE; AND TO PROVIDE THAT BY JANUARY 1, 1985, CERTAIN REGULATIONS MUST BE SUBMITTED TO THE GENERAL ASSEMBLY FOR REVIEW PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT.

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

Powers and duties of boards

SECTION 1. Subsections (1) and (2) of Section 20-7-1630 of the 1976 Code, which were added by Act 71 of 1981, are amended to read:

"(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. Review boards will recommend continued placement in the child caring institution, unless the parent is able to resume care, in at least those instances when:

(a) children are privately placed in privately owned institutions or group homes;

(b) the conditions of the affidavit of summary review are met and the affidavit is made available to the review board every six months;

(c) the affidavit is accepted by the review board.

(2) Except as provided in subsection (1), to encourage and facilitate the return of all these children to their natural parents or, upon a determination that this 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."

Board to promulgate regulations

SECTION 2. Section 20-7-2420 of the 1976 Code, which was added by Act 71 of 1981, is amended to read:

"Section 20-7-2420. Pursuant to the Administrative Procedures Act, the Advisory Board shall promulgate regulations to establish policies, including policies for summary review of children privately placed in privately owned-institutions or group homes, and to carry out the provisions of this chapter. These regulations shall include but not be limited to provisions for reports and other h1formation required from state, county, and private agencies and institutions, provisions for scheduling and conducting reviews and appropriate notification of interested parties, regulations governing the proceedings of the local review boards and the Advisory Board including the establishment of quorums and dissemination of decisions, and the process modifying or appealing a board decision.

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, as set forth by regulations of the Advisory Board."

Board must submit regulations

SECTION 3. By January 1, 1985, the South Carolina Advisory Board for Review of Foster Care of Children must submit to the General Assembly for review pursuant to the Administrative Procedures Act, all regulations required by this act. The present policies, procedures, and regulations of the board shall remain in effect until appropriately changed.

Board created

SECTION 4. Section 20-7-2390 of the 1976 Code, as added by Act 71 of 1981, is amended to read:

"Section 20-7-2390. There is created the South Carolina Board of Directors for Review of Foster Care of Children consisting of seven members, all of whom must be past or present members of local review boards as provided for in this subarticle. There must be one member from each congressional district and one member from the State at large, all appointed by the Governor with advice and consent of the Senate.

Terms of office are four years, with terms expiring on the last day of June of the fourth year of the term. The board shall meet at least quarterly 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. These recommendations must be included in an annual report, filed with the General Assembly, of the activities of the state office and local review boards. The board is authorized to promulgate regulations pursuant to the provisions of Chapter 23 of Title 1 relating to the function and procedures of the state office and local review boards.

The board shall employ a director who must be paid an annual salary to be determined by the General Assembly. The board has the power to remove the director for inefficiency, improper conduct, or for other good cause. Before removing the director, the board shall inform the director in writing of the specific charges and shall give the director an opportunity, upon reasonable notice, to be heard. The director shall employ staff as is necessary to carry out the provisions of this subarticle and must be paid a salary in an amount and in a manner as may be determined by the General Assembly.

The board shall elect from its members a chairman who shall serve for two years. Four members of the board constitute a quorum for the transaction of business. Members of the board shall receive per them and mileage as provided by law for members of boards, commissions, and committees while engaged in the work of the board."

Local board created

SECTION 5. Section 20-7-2400 of the 1976 Code, as added by Act 71 of 1981, is amended to read:

"Section 20-7-2400. There are 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. 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 must 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. In the event the chairman of a local board is appointed to the board of directors, the local board members shall appoint a vice-chairman to represent the local board on the Advisory Board. The Advisory Board shall meet at least once a year to make recommendations to the board of directors with regard to coordination of responsibilities among the local review boards and between the local boards and the board of directors.

In the event the board of directors 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 have all authority and duties provided for the boards by the provisions of this subarticle."

Local boards must conduct meetings

SECTION 6. Section 20-7-2410 of the 1976 Code, as added by Act 71 of 1981, is amended to read:

"Section 20-7-2410. Local boards must conduct meetings in the judicial circuit which they represent as determined by the board of directors. 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 may not receive compensation for their services but must be allowed mileage, per diem, and subsistence as is provided by law for state boards, committees, and commissions for attendance at board meetings."

Agencies and institutions to cooperate

SECTION 7. Section 20-7-2420 of the 1976 Code, as added by Act 71 of 1981, is amended to read:

"Section 20-7-2420. All public and private agencies and institutions which provide for or arrange foster care for children shall cooperate with the board of directors and local review boards by furnishing records to the boards as may from time to time be required. The board of directors shall promulgate regulations pursuant to the provisions of Chapter 23 of Title 1 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."

Terms

SECTION 8. Of the members initially appointed to the South Carolina Board of Directors for Review of Foster Care of Children, the Governor shall designate one member whose term is for four years, two members whose terms are for three years, two members whose terms are for two years, and two members whose terms are for one year.

Time Effective

SECTION 9. This act shall take effect upon approval by the Governor.

Approved the 29th day of June, 1984.