Bill 3186

                    Current Status

Bill Number:               3186
Ratification Number:       329
Act Number:                322
Introducing Body:          House
Subject:                   Relating to definitions used in the
                           children's code

(A322, R329, H3186)

AN ACT TO AMEND SECTION 20-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE CHILDREN'S CODE, SO AS TO ADD THE DEFINITIONS OF "CHILD CARING FACILITY", "FOSTER HOME", AND "RESIDENTIAL GROUP CARE HOME", AND BY ADDING SUBARTICLE 4 TO ARTICLE 13 OF CHAPTER 7 OF TITLE 20 SO AS TO ESTABLISH A FOSTER CARE REVIEW BOARD SYSTEM FOR CHILDREN.

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

Definitions

SECTION 1. Section 20-7-30 of the 1976 Code is amended by adding:

"(7) 'Child caring facility' means a campus with one or more staffed residences and with a total population of twenty or more children who are in care apart from their parents, relatives, or guardians on a continuing full-time basis for protection and guidance.

(8) 'Foster home' means a household of one or more persons who are licensed or approved to provide full-time care for one to five children living apart from their parents or guardians.

(9) 'Residential group care home' means a staffed residence with a population fewer than twenty children who are in care apart from their parents, relatives, or guardians on a full-time basis."

Foster Care Review Board

SECTION 2. Article 13 of Chapter 7 of Title 20 of the 1976 Code is amended by adding:

"Subarticle 4

Foster Care Review Board

Section 20-7-2376. The functions and powers of local foster care review boards are:

(A) To review every six months cases of children who have resided in public or private foster care for a period of more than six consecutive months to determine what efforts have been made by the supervising agency or child caring facility to acquire a permanent home for the child. A child's return home for temporary placements, trial placements, visits, holidays, weekend visits, or changes from one foster care placement to another may not be construed to mean a break or lapse in determination of a consecutive six-month period.

(B) To recommend continued placement of a child in the child caring facility, unless the parent is able to resume care, in at least those instances when:

(1) Children are privately placed in privately-owned facilities or group homes.

(2) A notarized affidavit of summary review is executed by the child caring facility and is valid on its face. The affidavit of summary review must be submitted to the board every six months and accepted by the board if it is valid on its face. The affidavit must attest to the following conditions:

(a) The person who placed the child has legal custody of the child.

(b) No court has ordered or approved the placement of the child in the care of the child caring facility except as a part of an order granting legal custody of the child to a parent or legal guardian.

(c) The facility has no knowledge that a child has ever been abused, neglected, or abandoned while under the care of the person who placed the child in the facility.

(d) The person who placed the child contributes regularly to the support of the child to the level of his ability and has done so for a period of six months immediately prior to the date of the affidavit.

(e) The person who placed the child has maintained contact and visitation with the child to the best of his ability under existing circumstances.

(C) To encourage the return of children to their natural parents, except as provided in item (B) of this section, or, upon determination during a case review of the local review board that this return is not in the best interest of the child, to recommend to the appropriate agency action be taken for a maximum effort to place the child for adoption.

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

(E) To advise foster parents of their right to petition the family court for termination of parental rights and for adoption and to encourage these foster parents to initiate these proceedings in an appropriate case when it has been determined by the local review board that return to the natural parent is not in the best interest of the child.

(F) To recommend that a child caring facility or agency exert all possible efforts to make arrangements for permanent foster care or guardianship for children for whom return to natural parents or adoption is not feasible or possible as determined during a case review by the local review board.

(G) To report to the state office of the Department of Social Services and other adoptive or foster care agencies any deficiencies in these agencies' efforts to secure permanent homes for children discovered in the local board's review of these cases as provided for in items (A) and (B) of this section.

Any case findings or recommendations of a local review board are advisory.

Section 20-7-2379. 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. There must be one member from each congressional district and one member from the State at large, all appointed by the Governor with the advice and consent of the Senate.

Terms of office for the members of the board are for four years and until their successors are appointed and qualify. Of the initial appointments, the Governor shall designate two members to serve for one year, two for a term of two years, two for a term of three years, and one for a term of four years. Thereafter, appointments must be made by the Governor in the manner as prescribed above for terms of four years to expire on June thirtieth of the appropriate year.

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 diem and mileage as provided by law for members of boards, commissions, and committees while engaged in the work of the board.

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 as determined by the review of cases provided for in items (A) and (B) of Section 20-7-2376. 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 employ a director who may be paid an annual salary to be determined by the General Assembly. The board

may remove the director at any time for any reason. 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 of directors shall promulgate regulations to carry out the provisions of this subarticle. These regulations shall provide for and must be limited to procedures for: reviewing reports and other necessary information at state, county, and private agencies and facilities; scheduling of reviews and notification of interested parties; conducting local review board and board of directors' meetings; disseminating local review board recommendations, including reporting to the appropriate family court judges the status of judicially approved treatment plans; and developing policies for summary review of children privately placed in privately-owned facilities or group homes.

The provisions of this subarticle may not be construed to provide for subpoena authority.

Section 20-7-2385. 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 delegation of each county within the ircuit for terms of four years. 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 chairman.

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 or if the local board is no longer necessary because of a reduced case load, the board may create or dissolve local review boards by resolution and the boards created have all authority and duties provided for the boards by the provisions of this subarticle.

Section 20-7-2388. Local boards shall conduct meetings in the judicial circuit which they represent. Each board must be provided sufficient staff to perform its functions as set forth in this subarticle with funds provided in the annual state general appropriations act. Members of the local boards shall 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.

Section 20-7-2391. Any person or agency aggrieved by an action or recommendation of a local review board may seek relief by petition to the family court of that county which shall issue a rule to show cause why the action or recommendation of the local review board should not be set aside or modified. If a child caring facility or agency is not in agreement with the local review board recommendation relating to permanent placement of a child in its care, the child caring facility or agency shall notify the chairman of the local review board within twenty-one days after receipt of the recommendation.

Section 20-7-2394. All public and private agencies and facilities which provide for or arrange foster care for children shall cooperate with the board of directors and local review boards by making available for review records as may be requested.

Section 20-7-2397. The provisions of this subarticle may not be construed to limit or delay actions by agencies or facilities to arrange for adoptions, foster care, termination of parental rights, or other related matters on

their own initiative, nor do the provisions of this subarticle in any manner alter or restrict the duties and authority of these agencies and facilities in those matters."

Time effective

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