Bill 2648

                    Current Status

Bill Number:               2648
Ratification Number:       201
Act Number                 144
Introducing Body:          House
Subject:                   Filing of petition for adoption

(A144, R201, H2648)

AN ACT TO AMEND SECTION 20-7-1740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT AN INVESTIGATION BE MADE BY A PRIVATE OR PUBLIC WELFARE ORGANIZATION TO BE FILED WITH THE COUNTY WHEN THE FILING OF PETITION FOR ADOPTION IS MADE, SO AS TO ESTABLISH THE SPECIFIC TYPES OF INVESTIGATIONS AND REPORTS WHICH MUST BE COMPLETED PRIOR TO THE FINAL HEARING FOR ADOPTION; AND TO AMEND SECTION 20-7-1780, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL HEARINGS AND RECORDS HELD IN PROCEEDINGS UNDER ARTICLES 7, 9, AND 11, CHAPTER 7, TITLE 20 MUST BE CONFIDENTIAL AND HELD IN CLOSED COURT, SO AS TO REQUIRE THAT ALL FILES AND RECORDS PERTAINING TO ADOPTION PROCEEDINGS IN THE DEPARTMENT OF SOCIAL SERVICES ALSO MUST BE CONFIDENTIAL AND WITHHELD FROM INSPECTION IF THEY ARE MAINTAINED BY ANY PERSON CERTIFIED UNDER THE PROVISIONS OF SECTION 20-7-1750.

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

Preplacement investigation

SECTION 1. Section 20-7-1740(A) of the 1976 Code, as last amended by Act 525 of 1986, is further amended to read:

"(A) Prior to the placement of any child by any agency or by any person with a prospective adoptive parent, a preplacement investigation, a background investigation, and reports of these investigations must be completed.

(1) Preplacement investigations must answer all of the following:

(a) whether the home of the prospective adoptive parent is a suitable one for the placement of the child to be adopted;

(b) how the emotional maturity, finances, health, relationships, and any other relevant characteristics of the prospective adoptive parent affect the parent's ability to accept, care, and provide the adoptee with an adequate environment as the adoptee matures;

(c) whether the prospective adoptive parent has ever been involved in any proceeding concerning allegedly neglected, abandoned, abused, or delinquent children;

(d) the race, sex, and age of the adoptee, and whether the child is a suitable child for adoption by the prospective adoptive parent;

(e) the reason for the adoptee's placement away from the biological parents of the adoptee;

(f) whether the adoptee, if of appropriate age and mental capacity, desires to be adopted;

(g) whether placement with the prospective adoptive parent is in the best interests of the adoptee;

(h) whether the prospective adoptive parent

has completed a course or counseling in preparation for adoption;

(i) whether placement of the adoptee with the prospective adoptive parent is approved, and if not approved, a statement of the reasons for not approving the placement; and

(j) any other information that is disclosed by the investigation that would be of value to or would assist the court in deciding the case.

(2) If the waiting period for an adoptive placement exceeds one year from the date the preplacement investigation report is completed, the report must be updated at that time and every six months after that time to determine any change in circumstances.

(3) A background information investigation and a report of this investigation may not disclose the identity of the biological parents of the adoptee and shall provide the following:

(a) a medical history of the biological family of the adoptee, including parents, siblings, and other family members related to the adoptee including ages, sex, race, and any known genetic, psychological, metabolic, or familial disorders; and

(b) a medical and developmental history of the adoptee.

(4) Notwithstanding any provision of this section, upon good cause shown, the court in its discretion may permit the temporary custody and placement of a child with a prospective adoptive parent prior to the completion of the preplacement or background investigation and reports required pursuant to this subarticle."

Files and records are confidential

SECTION 2. Section 20-7-1780(C) of the 1976 Code, as last amended by Act 525 of 1986, is further amended to read:

"(C) All files and records pertaining to the adoption proceedings in the Department of Social Services, or in any authorized agency, or maintained by any person certified under the provisions of Section 20-7-1750, are confidential and must be withheld from inspection except upon order of court for good cause shown."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.