Current Status Bill Number:3139 Ratification Number:88 Act Number:22 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970114 Primary Sponsor:Wilkins All Sponsors:Wilkins, Meacham, Knotts and Robinson Drafted Document Number:pt\2801ac.97 Companion Bill Number:79 Date Bill Passed both Bodies:19970424 Date of Last Amendment:19970416 Governor's Action:S Date of Governor's Action:19970521 Subject:Adoptions, parental rights, abandonment of child, foster care; Minors, Domestic Relations, Social Services Department
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19970604 Act No. A22
------ 19970521 Signed by Governor
------ 19970515 Ratified R88
House 19970424 Concurred in Senate amendment,
enrolled for ratification
House 19970422 Debate adjourned on Senate
amendments until Wednesday, 19970423
Senate 19970416 Amended, read third time,
returned to House with amendment
Senate 19970320 Read second time, notice of
general amendments
Senate 19970319 Committee report: Favorable with 11 SJ
amendment
Senate 19970220 Introduced, read first time, 11 SJ
referred to Committee
House 19970219 Read third time, sent to Senate
House 19970218 Amended, read second time
House 19970212 Committee report: Favorable with 25 HJ
amendment
House 19970114 Introduced, read first time, 25 HJ
referred to Committee
House 19970108 Prefiled, referred to Committee 25 HJ
View additional legislative information at the LPITS web site.
(A22, R88, H3139)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-767 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE CERTAIN ADDITIONAL SERVICES TO CHILDREN IN FOSTER CARE AND FOSTER PARENTS, TO PROVIDE PENALTIES, AND TO REQUIRE THE DEPARTMENT TO REPORT TO THE GENERAL ASSEMBLY ON THE STATUS OF THE FOSTER CARE SYSTEM; TO AMEND SECTION 20-7-764, AS AMENDED, RELATING TO CONTENTS AND ENFORCEMENT OF THE PERMANENT PLAN FOR CHILDREN IN FOSTER CARE, SO AS TO ESTABLISH THE MINIMUM NUMBER OF CONTACTS A SOCIAL WORKER MUST HAVE WITH A CHILD IN FOSTER CARE AND TO REQUIRE THE PROVISIONS OF THE PLAN TO BE INCORPORATED IN A COURT ORDER REQUIRING THE DEPARTMENT TO PROVIDE SERVICES IN ACCORDANCE WITH THE PLAN; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO CONDUCT ADOPTION ASSESSMENTS AND CHILD-SPECIFIC RECRUITING FOR POTENTIAL ADOPTIVE FAMILIES AND TO REVISE VARIOUS DISPOSITION CRITERIA FOR CERTAIN CHILDREN IN FOSTER CARE; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATING PARENTAL RIGHTS, SO AS TO ADD ABANDONMENT OF A CHILD; TO AMEND SECTION 20-7-1574, AS AMENDED, RELATING TO COURT ORDERS TERMINATING PARENTAL RIGHTS, SO AS TO DECREASE THE TIME WITHIN WHICH AN AGENCY HAS TO DEVELOP AND SUBMIT A PLAN FOR PERMANENT PLACEMENT OF A CHILD WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED; AND TO AMEND SECTION 20-7-1642, AS AMENDED, RELATING TO PERSONS WITH WHOM CHILDREN MAY NOT BE PLACED FOR FOSTER CARE, SO AS TO ADD PERSONS WHO HAVE COMMITTED CERTAIN CRIMES.
Be it enacted by the General Assembly of the State of South Carolina:
Assistance to children in foster care
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-767. (A) To protect and nurture children in foster care, the Department of Social Services and its employees shall:
(1) adhere strictly to the prescribed number of personal contacts, pursuant to Section 20-7-764(B)(3);
(2) conduct contacts under item (1) as personal, face-to-face visits between the caseworker, the foster child, the foster parents, and any other adults living in the foster home. During the prescribed contact, the caseworker must interview or observe the child in order to determine if the child should be interviewed outside the presence of other adults and other minors who reside in the home in order to assess the health and safety of the child. If the caseworker suspects abuse or neglect, the caseworker must interview and observe the child outside the presence of other adults and other minors who reside in the home;
(3) provide to the foster child, if age appropriate, a printed card containing a telephone number the child may use to contact a designated unit or individual within the Department of Social Services and further provide an explanation to the child that the number is to be used if problems occur which the child believes his or her caseworker cannot or will not resolve;
(4) strongly encourage by letter of invitation, provided at least three weeks in advance, the attendance of foster parents to all Foster Care Review Board proceedings held for children in their care. If the foster parents are unable to attend the proceedings, they must submit a progress report to the Office of the Governor, Division of Foster Care Review, at least three days prior to the proceeding. Failure of the foster parents to attend the Foster Care Review Board proceeding or failure to submit a progress report to the Division of Foster Care Review, does not require the board to delay the proceeding. The letter of invitation and the progress report form must be supplied by the agency; and
(5) be placed under the full authority of sanctions and enforcement by the family court pursuant to Section 20-7-420(30) and Section 20-7-420(36) for failure to adhere to the requirements of this subsection.
(B) In fulfilling the requirements of subsection (A), the Department of Social Services shall reasonably perform its tasks in a manner which is least intrusive and disruptive to the lives of the foster children and their foster families.
(C) The Department of Social Services, in executing its duties under subsection (A)(3), must provide a toll free telephone number which must operate twenty-four hours a day.
(D) Any public employee in this State who has actual knowledge that a person has violated any of the provisions of subsection (A) must report those violations to the state office of the Department of Social Services; however, the Governor's Division of Foster Care Review must report violations of subsection (A)(4) in their regular submissions of advisory decisions and recommendations which are submitted to the family court and the department. Any employee who knowingly fails to report a violation of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(E) To further this state's long-term goals and objectives on behalf of children in foster care, the Department of Social Services shall give to the General Assembly by January 15, 1999, a report of the status of the foster care system which includes improvements the department has made to ensure the safety and quality of life of South Carolina's foster children. This report must include:
(1) specific standards for the training of foster parents, including the type of training which is provided;
(2) standards which address emergency situations affecting the maximum number of children placed in each foster home;
(3) standards which provide for the periodic determination of the medical condition of a child during his stay in foster care; and
(4) methods the department has developed to encourage the receipt of information on the needs of children in foster care from persons who have been recently emancipated from the foster care system."
Placement plan service
SECTION 2. Section 20-7-764(B)(3) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(3) The social and other services to be provided or made available to the parents, guardian, or other relevant adult to assist the parents or guardian in accomplishing the objectives, including a specific finding as to the minimum number and frequency of contacts a caseworker with the department must have with the child while in foster care. For a child placed in foster care within this State, the caseworker must meet with the child, at a minimum, once a month, but based upon the particular needs and circumstances of the individual child, more frequent contacts may be ordered by the court."
Contempt for failure to comply
SECTION 3. Section 20-7-764(I) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(I) Upon petition of a party in interest, the court may order the state or county director or other authorized representative of the department to show cause why the agency should not be required to provide services in accordance with the plan. The provisions of the plan must be incorporated as part of a court order issued pursuant to this section. A person who fails to comply with an order may be held in contempt and subject to appropriate sanctions imposed by the court."
Permanency planning
SECTION 4. Section 20-7-766(D) and (E) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(D) If the court determines at the permanency planning hearing that the child should not be returned to the child's parent at that time, the court's order shall require the department to file a petition to terminate parental rights to the child not later than sixty days after receipt of the order. However, if the court finds that the child may be returned to the parents within a specified reasonable time not to exceed six months and without an unreasonable risk of harm to the child as provided for in subsection (C) and that the best interest of the child would be served thereby, the court may order an extension of the plan approved pursuant to Section 20-7-764 or may order compliance with a modified plan. If a petition to terminate parental rights is to be filed, the department must exercise and document every reasonable effort to promote and expedite the adoptive placement and adoption of the child, including a thorough adoption assessment and child-specific recruitment. Adoptive placements must be diligently sought for the child and failure to do so solely because a child is classified as 'special needs' is expressly prohibited. No adoption may be delayed or denied solely on these special needs. If the department demonstrates to the court that terminating parental rights is clearly not in the child's best interest and one or more of the conditions specified under subsection (E) exists, a different disposition may be required. For purposes of this subsection:
(1) 'thorough adoption assessment' means conducting and documenting face-to-face interviews with the child, foster care providers, and other significant parties; and
(2) 'child specific recruitment' means recruiting an adoptive placement targeted to meet the individual needs of the specific child including, but not be limited to, use of the media, use of photo listings, and any other in-state or out-of-state resources which may be utilized to meet the specific needs of the child, unless there are extenuating circumstances that indicate that these efforts are not in the best interest of the child.
(E) After assessing the viability of adoption, if the department demonstrates that termination of parental rights is clearly not in the child's best interest and if the court determines that the:
(1) best interest of the child would be served, the court may order that custody or legal guardianship, or both, be placed with a suitable member of the child's extended family or a suitable nonrelative; however, a home study on the relative or nonrelative must be submitted to the court for consideration before placement. The court may order a specified period of supervision and services not to exceed twelve months;
(2) child has special needs or circumstances and that a permanent foster caregiver has been identified by the department, the court may order that the child be placed in permanent foster care with a specified caregiver. If the child is under fourteen years of age, the special needs or circumstances must be shown by clear and convincing evidence;
(3) child has attained the age of sixteen, reasonable efforts to place the child adoptively have been exhausted, and the child is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care to provide services needed to assist the child to make the transition to independent living; or
(4) child has physical, mental, or psychological problems or special treatment needs and must remain in a specialized foster care setting or that the child is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care pending implementation of a permanent plan."
Grounds for termination of parental rights
SECTION 5. Section 20-7-1572(5) and (6) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(5) The presumptive legal father is not the biological father of the child, and the welfare of the child can best be served by termination of the parental rights of the presumptive legal father;
(6) The parent has a diagnosable condition unlikely to change within a reasonable time including, but not limited to, alcohol or drug addiction, mental deficiency, mental illness, or extreme physical incapacity, and the condition makes the parent unlikely to provide minimally acceptable care of the child. It is presumed that the parent's condition is unlikely to change within a reasonable time upon proof that the parent has been required by the department or the family court to participate in a treatment program for alcohol or drug addiction, and the parent has failed two or more times to complete the program successfully or has refused at two or more separate meetings with the department to participate in a treatment program; or
(7) The child has been abandoned as defined in Section 20-7-490(21)."
Permanent placement plan
SECTION 6. Section 20-7-1574(A) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(A) If the court finds that a ground for termination, as provided for in Section 20-7-1572, exists, the court may issue an order forever terminating parental rights to the child. Where the petitioner is an authorized agency, the court shall place the child in the custody of the petitioner or other child-placing agency for adoption and shall require the submission of a plan for permanent placement of the child within thirty days after the close of the proceedings to the court and to the child's guardian ad litem. Within an additional sixty days the agency shall submit a report to the court and to the guardian ad litem on the implementation of the plan. The court, on its own motion, may schedule a hearing to review the progress of the implementation of the plan."
Prohibited foster care placements
SECTION 7. Section 20-7-1642 of the 1976 Code, as last amended by Act 101 of 1993, is further amended to read:
"Section 20-7-1642. No child may be placed in foster care with a person:
(1) with a substantiated history of child abuse or neglect; or
(2) who has pled guilty or nolo contendere to or who has been convicted of:
(a) an 'Offense Against the Person' as provided for in Chapter 3, Title 16;
(b) an 'Offense Against Morality or Decency' as provided for in Chapter 15, Title 16;
(c) contributing to the delinquency of a minor as provided for in Section 16-17-490;
(d) the common law offense of assault and battery of a high and aggravated nature when the victim was a person seventeen years of age or younger;
(e) criminal domestic violence, as defined in Section 16-25-20; or
(f) criminal domestic violence of a high and aggravated nature, as defined in Section 16-25-65."
Time effective
SECTION 8. This act takes effect upon approval by the Governor.
Approved the 21st day of May, 1997.