South Carolina General Assembly
112th Session, 1997-1998

Bill 3783


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       3783
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970401
Primary Sponsor:                   Allison 
All Sponsors:                      Allison 
Drafted Document Number:           egm\18591djc.97
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Child, placement of when
                                   removed from custody of parent or
                                   guardian, child's best interest;
                                   Minors, Courts, family



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
House   19970401  Introduced, read first time,             25 HJ
                  referred to Committee

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND SECTION 20-7-764, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OR AMENDMENT OF PLANS FOR PLACEMENT OF A CHILD AFTER REMOVAL FROM THE CUSTODY OF THE PARENTS OR GUARDIAN, SO AS TO PROVIDE THAT A DETERMINATION AS TO WHETHER IT IS IN THE CHILD'S BEST INTEREST FOR THE PARENTS OR GUARDIAN OR ANY OTHER PERSON TO KNOW OF THE NATURE AND LOCATION OF THE CHILD'S PLACEMENT MUST BE INCLUDED IN THE PLAN, AND TO PROVIDE FOR AS MUCH CONTACT AS IS REASONABLY POSSIBLE AND CONSISTENT WITH THE BEST INTEREST OF THE CHILD BETWEEN THE CHILD AND THE CHILD'S PARENTS, GUARDIAN, SIBLINGS, AND OTHER APPROPRIATE RELATIVES INCLUDING VISITATION AND PARTICIPATION OF THE PARENTS OR GUARDIAN IN THE CARE OF THE CHILD WHILE THE CHILD IS IN PLACEMENT WITHOUT GIVING NOTICE TO THE PARENTS OR GUARDIAN OF THE CHILD'S LOCATION UNLESS IT IS IN THE BEST INTEREST OF THE CHILD TO DO SO.

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

SECTION 1. Section 20-7-764(B) of the 1976 Code, as last amended by Act 450 of 1996, is amended to read:

"(B) The placement plan shall include, but is not limited to:

(1) the specific reasons for removal of the child from the custody of the parent or guardian, and the changes that must be made before the child may be returned, including:

(a) the nature of the harm or threatened harm that necessitated removal, a description of the problems or conditions in the home that caused the harm or threatened harm, and the reason why the child could not be protected without removal.

(b) the nature of the changes in the home and family situation that must be made in order to correct the problems and conditions that necessitated removal, time frames for accomplishing these objectives, and means for measuring whether the objectives have been accomplished. The objectives stated in this part of the plan must relate to problems and circumstances serious enough to justify removal. The plan must be oriented to correcting these problems and circumstances in the shortest possible time in order to expedite the child's return to the home.

(c) specific actions to be taken by the parents or guardian of the child to accomplish the objectives identified in subitem (b) and time frames for taking these actions.

(2) other conditions in the home that warrant state intervention, but would not alone have been sufficient to warrant removal, and the changes that must be made in order to terminate intervention, including:

(a) the nature of the harm or threatened harm that justifies state intervention and a description of the problems or conditions of the home that caused the harm or threatened harm.

(b) the nature of the changes in the home and family situation that must be made in order to correct the problems and conditions that caused the harm or threatened harm, time frames for accomplishing these objectives, and means for measuring whether the objectives have been accomplished.

(c) specific actions to be taken by the parents or guardian of the child to accomplish the objectives identified in subitem (b) and time frames for taking these actions.

(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.

(4) the financial responsibilities and obligations, if any, of the parents or guardian for the support of the child during the placement.

(5) the visitation rights and obligations of the parents, guardian, siblings, or other relatives of the child during the placement. The plan must include a determination of whether it is in the child's best interest for the parents, guardian, or any other person to know of the nature and location of the child's placement and shall provide for as much contact as is reasonably possible and consistent with the best interests of the child between the child and the child's parents, guardian, siblings, and other appropriate relatives with whom the child has a close relationship including visitation and participation of the parents or guardian in the care of the child while the child is in placement.

(6) the nature and location of the placement for the child unless disclosure of the location of the placement would be contrary to the best interest of the child. The department must consider evidence of sexual abuse, or physical abuse, or substance abuse by an adult living in the child's home, or criminal domestic violence in the child's home in making their determination whether disclosure of the location of the placement is in the best interest of the child. When disclosure of the location of the placement is determined to be contrary to the best interest of the child, disclosure shall not be made to the abusing party, or to any other member of the abusing party's household. The placement must be as close to the child's home as is reasonably possible, unless 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 a relative or other person who is known to the child and has a constructive and caring relationship with the child.

(7) the social and other supportive services to be provided to the child and the foster parents including counseling or other services to assist the child in dealing with the effects of separation from the child's home and family.

(8) if the parents or guardian were not involved in the development of the plan, the nature of the agency's efforts to secure parental participation.

(9) notice to the parents or guardians that failure to substantially accomplish the objectives stated in the plan within the time frames provided may result in termination of parental rights, subject to notice and a hearing as provided in Subarticle 3, Article 11."

SECTION 2. This act takes effect upon approval by the Governor.

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