South Carolina General Assembly
112th Session, 1997-1998

Bill 4971


                    Current Status

Bill Number:                    4971
Ratification Number:            525
Act Number:                     391
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19980407
Primary Sponsor:                Wilkins
All Sponsors:                   Wilkins, Harrison, Knotts 
Drafted Document Number:        bbm\9818ac.98
Date Bill Passed both Bodies:   19980604
Date of Last Amendment:         19980602
Governor's Action:              S
Date of Governor's Action:      19980615
Subject:                        Minors, Social Services
                                Department, adoption of child, foster
                                care, parental rights, custody, Courts,
                                Domestic Relations

History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19980624  Act No. A391
------  19980615  Signed by Governor
------  19980610  Ratified R525
House   19980604  Concurred in Senate amendment,
                  Enrolled for ratification
Senate  19980603  Read third time, returned to House
                  with amendment
Senate  19980602  Read second time
Senate  19980602  Amended
Senate  19980602  Committee amendment adopted
Senate  19980528  Committee report: Favorable with         11 SJ
                  amendment
Senate  19980430  Introduced, read first time,             11 SJ
                  referred to Committee
House   19980429  Read third time, sent to Senate
House   19980428  Amended, read second time
House   19980423  Co-Sponsor added (Rule 5.2) by Rep.              Knotts
House   19980422  Committee report: Favorable with         25 HJ
                  amendment
House   19980407  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.)

(A391, R525, H4971)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-645 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE NOTICE OF CERTAIN HEARINGS TO FOSTER PARENTS, PREADOPTIVE PARENTS, AND RELATIVES PROVIDING CARE OF A CHILD; BY ADDING SECTION 20-7-763 SO AS TO CLARIFY WHAT IS REQUIRED OF THE DEPARTMENT OF SOCIAL SERVICES WHEN IT MUST MAKE REASONABLE EFFORTS IN WORKING WITH FAMILIES AND CHILDREN AND TO FURTHER AUTHORIZE THE FAMILY COURT TO MAKE DETERMINATIONS AS TO WHEN REASONABLE EFFORTS MAY BE REQUIRED AND WHEN THEY MAY BE TERMINATED OR DISPENSED WITH; BY ADDING SECTION 20-7-768 SO AS TO PROVIDE CONDITIONS UNDER WHICH THE DEPARTMENT SHALL INITIATE, OR JOIN IN A PROCEEDING FOR, TERMINATION OF PARENTAL RIGHTS AND TO PROVIDE EXCEPTIONS; BY ADDING SECTION 20-7-1515 SO AS TO REQUIRE THE COURT IN DETERMINING THE BEST INTEREST OF THE CHILD TO CONSIDER THE CHILD'S PREFERENCE FOR CUSTODY, GIVING WEIGHT TO THE CHILD'S AGE, EXPERIENCE, AND OTHER FACTORS; TO AMEND SECTION 20-7-736 RELATING TO THE JURISDICTION OF THE FAMILY COURT IN ABUSE AND NEGLECT MATTERS, SO AS TO FURTHER SPECIFY THE STANDARD FOR PETITIONING THE COURT FOR REMOVAL OF A CHILD; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING HEARINGS, SO AS TO REVISE THE STANDARD FOR RETURNING THE CHILD HOME AND TO INCLUDE IN THE FINDINGS THE STEPS THE DEPARTMENT HAS TAKEN TO PROMOTE AND EXPEDITE THE ADOPTIVE PLACEMENT OF A CHILD WHEN THE CHILD IS NOT RETURNED HOME; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO INCLUDE AS ADDITIONAL GROUNDS FOR TERMINATION, THE CHILD HAVING BEEN IN FOSTER CARE FOR FIFTEEN OF THE LAST TWENTY-TWO MONTHS OR PHYSICAL ABUSE OF A CHILD HAVING RESULTED IN DEATH OR IN-PATIENT HOSPITALIZATION; TO AMEND SECTION 20-7-1642, AS AMENDED, RELATING TO PERSONS WITH WHOM A CHILD MAY NOT BE PLACED FOR FOSTER CARE, SO AS TO INCLUDE A FELONY DRUG-RELATED OFFENSE IN THE PROHIBITED CRIMINAL OFFENSES AND TO PROVIDE THAT THE PROHIBITED CRIMINAL OFFENSES INCLUDE OFFENSES COMMITTED IN OTHER JURISDICTIONS OR UNDER FEDERAL LAW; TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY PETITION FOR ADOPTION OF A CHILD, SO AS TO PROVIDE EXCEPTIONS AND TO PROVIDE FOR A HEARING IF THE DEPARTMENT VIOLATES THIS SECTION; AND TO AMEND SECTION 20-7-1895 RELATING TO THE STATEWIDE ADOPTION EXCHANGE, SO AS TO DELETE THE PROVISION THAT ONLY A "SPECIAL NEEDS CHILD" MAY BE REFERRED TO A REGIONAL OR NATIONAL ADOPTION EXCHANGE.

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

Hearing notices required

SECTION 1. The 1976 Code is amended by adding:

"Section 20-7-645. The department shall provide notice of a hearing held in connection with an action filed or pursued under Section 20-7-610, 20-7-736, 20-7-738, 20-7-762, 20-7-764, 20-7-766, or 20-7-1568 to the foster parent, the preadoptive parent, or the relative who is providing care for a child. The notice must be in writing and may be delivered in person or by regular mail. The notice shall inform the foster parent, preadoptive parent, or relative of the date, place, and time of the hearing and of the right to attend the hearing and to address the court concerning the child. Notice provided pursuant to this section does not confer on the foster parent, preadoptive parent, or relative the status of a party to the action."

Specifications for "reasonable efforts"; when required; termination of

SECTION 2. The 1976 Code is amended by adding:

"Section 20-7-763. (A) When this chapter requires the department to make reasonable efforts to preserve or reunify a family and requires the family court to determine whether these reasonable efforts have been made, the child's health and safety must be the paramount concern.

(B) The family court may rule on whether reasonable efforts to preserve or reunify a family should be required in hearings regarding removal of custody, review of amendments to a placement plan, review of the status of a child in foster care, or permanency planning.

(C) The family court may authorize the department to terminate or forego reasonable efforts to preserve or reunify a family when the records of a court of competent jurisdiction show or when the family court determines that one or more of the following conditions exist:

(1) the parent has subjected the child to one or more of the following aggravated circumstances:

(a) severe or repeated abuse;

(b) severe or repeated neglect;

(c) sexual abuse;

(d) acts that the judge may find constitute torture; or

(e) abandonment;

(2) the parent has been convicted of or pled guilty or nolo contendere to murder of another child of the parent, or an equivalent offense, in this jurisdiction or another;

(3) the parent has been convicted of or pled guilty or nolo contendere to voluntary manslaughter of another child of the parent, or an equivalent offense, in this jurisdiction or another;

(4) the parent has been convicted of or pled guilty or nolo contendere to aiding, abetting, attempting, soliciting, or conspiring to commit murder or voluntary manslaughter pursuant to item (1), (2), or (3), or an equivalent offense, in this jurisdiction or another;

(5) physical abuse of a child of the parent resulted in the death or admission to the hospital for in-patient care of that child and the abuse is the act for which the parent has been convicted of or pled guilty or nolo contendere to committing, aiding, abetting, conspiring to commit, or soliciting (a) an offense against the person as provided for in Title 16, Chapter 3, (b) criminal domestic violence as defined in Section 16-25-20, (c) criminal domestic violence of a high and aggravated nature as defined in Section 16-25-65, or (d) the common law offense of assault and battery of a high and aggravated nature, or an equivalent offense in another jurisdiction;

(6) the parental rights of the parent to a sibling of the child have been terminated involuntarily;

(7) other circumstances exist that the court finds make continuation or implementation of reasonable efforts to preserve or reunify the family inconsistent with the permanent plan for the child.

(D) The department may proceed with efforts to place a child for adoption or with a legal guardian concurrently with making efforts to prevent removal or to make it possible for the child to return safely to the home.

(E) If the family court's decision that reasonable efforts to preserve or reunify a family are not required results from a hearing other than a permanency planning hearing, the court's order shall require that a permanency planning hearing be held within thirty days of the date of the order.

(F) In determining whether to authorize the department to terminate or forego reasonable efforts to preserve or reunify a family, the court must consider whether initiation or continuation of reasonable efforts to preserve or reunify the family is in the best interests of the child."

Standard for initiating termination of parental rights; exceptions

SECTION 3. The 1976 Code is amended by adding:

"Section 20-7-768. (A) When a child is in the custody of the department, the department shall file a petition to terminate parental rights or shall join as party in a termination petition filed by another party if:

(1) a child has been in foster care under the responsibility of the State for fifteen of the most recent twenty-two months;

(2) a court of competent jurisdiction has determined the child to be an abandoned infant;

(3) a court of competent jurisdiction has determined that the parent has committed murder of another child of the parent or has committed voluntary manslaughter or another child of the parent;

(4) a court of competent jurisdiction has determined that the parent has aided, abetted, conspired, or solicited to commit murder or voluntary manslaughter of another child of the parent; or

(5) a court of competent jurisdiction has determined that the parent has committed a felony assault that has resulted in serious bodily injury to the child or to another child of the parent.

(B) Concurrently with filing of the petition, the department shall seek to identify, recruit, process, and approve a qualified family for adoption of the child if an adoptive family has not yet been selected and approved.

(C) This section does not apply:

(1) to a child for whom the family court has found that initiation of termination of parental rights is not in the best interests of the child, after applying the criteria of Section 20-7-766(C), (E), or (F) to select a permanent plan for the child from Section 20-7-766(C), (E), or (F), and that this finding and permanent plan constitute a compelling reason for not initiating termination of parental rights;

(2) if the family court finds that the department has not afforded services to the parents provided for in the treatment plan approved pursuant to Section 20-7-764 in a manner that was consistent with the time periods in the plan, or that court hearings have been delayed in such a way as to interfere with the initiation, delivery, or completion of services, but only if:

(a) the parent did not delay the court proceedings without cause or delay or refuse the services;

(b) successful completion of the services in question may allow the child to be returned as provided for in Section 20-7-766(C) within the extension period; and

(c) the case is not one for which the court has made a determination that reasonable efforts to preserve or reunify the family are not necessary pursuant to Section 20-7-763."

Child's preference for custody to be considered

SECTION 4. Subarticle 1, Article 11 of Chapter 7 of Title 20 of the 1976 Code is amended by adding:

"Section 20-7-1515. In determining the best interests of the child, the court must consider the child's reasonable preference for custody. The court shall place weight upon the preference based upon the child's age, experience, maturity, judgment, and ability to express a preference."

Standard for petitioning for removal of a child

SECTION 5. Section 20-7-736(B) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:

"(B) Upon investigation of a report received under Section 20-7-650 or at any time during the delivery of services by the department, the department may petition the family court to remove the child from custody of the parent, guardian, or other person legally responsible for the child's welfare if the department determines by a preponderance of evidence that the child is an abused or neglected child and that the child cannot be safely maintained in the home in that he cannot be protected from unreasonable risk of harm affecting the child's life, physical health, safety, or mental well-being without removal. If a noncustodial parent is not named as a party in the removal petition, the agency shall exercise every reasonable effort to promptly notify the noncustodial parent that a removal proceeding has been initiated and of the date and time of any hearings scheduled pursuant to this section."

Standard for returning child to parents at permanency planning hearing

SECTION 6. Section 20-7-766 of the 1976 Code, as last amended by Act 132 of 1997, is further amended to read:

"Section 20-7-766. (A) The family court must review the status of a child placed in foster care upon motion filed by the department to determine a permanent plan for the child. The permanency planning hearing must be held no later than one year after the date the child was first placed in foster care. At the initial permanency planning hearing, the court shall review the status of the child and the progress being made toward the child's return home or toward any other permanent planapproved at the removal hearing. The court's order shall make specific findings in accordance with this section.

(B) The department shall attach a supplemental report to the pleadings which contain at least:

(1) that information necessary to support findings required in subsection (G);

(2) the recommended permanent plan and suggested timetable for attaining permanence; and

(3) any reports of the local foster care review board which pertain to the child. The department may use the same form for the supplemental report, reports from the department to the local foster care review board, and reports compiled for internal department reviews.

(C) If the court determines at the permanency planning hearing that the child may be safely maintained in the home in that the return of the child to the child's parent would not cause an unreasonable risk of harm to the child's life, physical health, safety, or mental well-being, the court shall order the child returned to the child's parent. The court may order a specified period of supervision and services not to exceed twelve months. When determining whether the child should be returned, the court shall consider all evidence and the supplemental report including whether the parent has substantially complied with the terms and conditions of the plan approved pursuant to Section 20-7-764.

(D) Except as provided in subsection (E), 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. 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 (F) 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) If the court determines that the child may be returned to the parent as provided for in subsection (C) within a specified reasonable time not to exceed six months and that the best interests of the child will be served and if the court finds that initiating termination of parental rights is not in the best interests of the child, the court may order an extension of the plan approved pursuant to Section 20-7-764 or may order compliance with a modified plan.

(F) 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.

(G) If the child is not returned to the parent, in addition to the findings required under subsection (D) or (F), the court shall specify in its order:

(i) what services have been provided to or offered to the parents to facilitate reunification;

(ii) the compliance or lack of compliance by all parties to the plan approved pursuant to Section 20-7-764;

(iii) the extent to which the parents have visited or supported the child and any reasons why visitation or support has not occurred or has been infrequent;

(iv) whether previous services should continue and whether additional services are needed to facilitate reunification, identifying the services and specifying the expected date for completion, which must be less than six months from the date of the order;

(v) whether return of the child can be expected and identification of the changes the parent must make in circumstances, conditions, or behavior to remedy the causes of the child's placement or retention in foster care;

(vi) whether the child's foster care is to continue for a specified time and, if so, how long;

(vii) if the child has attained the age of sixteen, the services needed to assist the child to make the transition to independent living;

(viii) whether the child's current placement is safe and appropriate; and

(ix) whether the department has made reasonable efforts to assist the parents in remedying the causes of the child's placement or retention in foster care.

(H) After the permanency planning hearing, if the child is retained in foster care, future permanency planning hearings must be conducted in accordance with this subsection.

If the child is retained in foster care and the agency is required to initiate termination of parental rights proceedings, the termination of parental rights hearing may serve as the next permanency planning hearing.

If the child is retained in permanent foster care with an identified caregiver, no further permanency planning hearings are necessary if the child is fourteen years of age or older.

If the court ordered extended foster care for the purpose of reunification with the parent, the court must select a permanent plan for the child other than another extension for reunification purposes at the next permanency planning hearing. The hearing must be held on or before the date specified in the plan for expected completion of the plan; in no case may the hearing be held any later than six months from the date of the last court order. The court also must fulfill the remaining requirements of subsections (A) through (G).

After the termination of parental rights hearing, the requirements of Section 20-7-1574 must be met. Permanency planning hearings must be held annually, starting with the date of the termination of parental rights hearing. No further permanency planning hearings may be required after filing a decree of adoption of the child.

If the court places custody or guardianship with the parent, extended family member, or suitable nonrelative and a period of services and supervision is authorized, services and supervision automatically terminate on the date specified in the court order. Before the termination date, the department or the guardian ad litem may file a petition with the court for a review hearing on the status of the placement. Filing of the petition stays termination of the case until further order from the court. If the court finds clear and convincing evidence that the child will be threatened with harm if services and supervision do not continue, the court may extend the period of intervention for a specified time. The court's order shall specify the services and supervision necessary to reduce or eliminate the risk of harm to the child.

If the child is retained in foster care to pursue a plan of independent living, future permanency planning hearings must be held annually.

If the child is retained in foster care because of special needs or characteristics of the child as specified in subsection (F)(5), and the child is ten years of age or under, future permanency planning hearings must be held every six months to determine whether these special needs or characteristics still exist or whether another disposition is appropriate.

If the child is retained in foster care because of special needs or characteristics of the child specified in subsection (F)(5) and the child is more than ten years of age, future permanency planning hearings must be held annually to determine whether these special needs or characteristics still exist or whether another disposition is appropriate.

(I) All proceedings provided for in this section must be initiated by filing of a summons and complaint with a supplemental report attached. The summons, complaint, supplemental report, and notice of the hearing must be served upon all named parties at least forty days before the hearing.

(J) A named party, the child's guardian ad litem, or the local foster care review board may file a motion for review of the case at any time. Any other party in interest may move to intervene in the case pursuant to the rules of civil procedure and if the motion is granted, may move for review. Parties in interest include, but are not limited to, the individual or agency with legal custody or placement of the child and the foster parent. The notice of motion and motion for review must be served on the named parties at least ten days before the hearing date. The motion shall state the reason for review of the case and the relief requested."

Steps taken to expedite adoptive placement

SECTION 7. Section 20-7-766(F) of the 1976 Code, as last amended by Act 450 of 1996, is further amended by adding at the end:

"(x) the steps the department is taking to promote and expedite the adoptive placement and to finalize the adoption of the child, including documentation of child specific recruitment efforts."

Grounds for termination of parental rights added

SECTION 8. Section 20-7-1572(6) and (7) of the 1976 Code, as last amended by Act 22 of 1997, is further amended to read:

"(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;

(7) The child has been abandoned as defined in Section 20-7-490(21);

(8) The child has been in foster care under the responsibility of the State for fifteen of the most recent twenty-two months; or

(9) The physical abuse of a child of the parent resulted in the death or admission to the hospital for in-patient care of that child and the abuse is the act for which the parent has been convicted of or pled guilty or nolo contendere to committing, aiding, abetting, conspiring to commit, or soliciting an offense against the person as provided for in Title 16, Chapter 3, criminal domestic violence as defined in Section 16-25-20, criminal domestic violence of a high and aggravated nature as defined in Section 16-25-65, or the common law offense of assault and battery of a high and aggravated nature."

Crimes precluding placement of a child in foster care

SECTION 9. Section 20-7-1642 of the 1976 Code, as last amended by Act 22 of 1997, is further amended to read:

"Section 20-7-1642. (A) 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;

(f) criminal domestic violence of a high and aggravated nature, as defined in Section 16-25-65;

(g) a felony drug-related offense under the laws of this State.

(B) A person who has been convicted of a criminal offense similar in nature to a crime enumerated in subsection (A) when the crime was committed in another jurisdiction or under federal law is subject to the restrictions set out in this section."

Exceptions to whom may petition for adoption; providing hearings for violations

SECTION 10. Section 20-7-1670 of the 1976 Code, as last amended by Act 237 of 1996, is further amended to read:

"Section 20-7-1670. (A) Any South Carolina resident may petition the court to adopt a child. Placement of children for adoption pursuant to Subarticle 7, Article 11, Chapter 7 of Title 20 is limited to South Carolina residents with exceptions being made in the following circumstances only:

(a) the child is a special needs child, as defined by Section 20-7-1650;

(b) there has been public notoriety concerning the child or child's family, and the best interests of the child would be served by placement outside this State;

(c) the child is to be placed for adoption with a relative related biologically or by marriage;

(d) at least one of the adoptive parents is in the military service stationed in South Carolina;

(e) there are unusual or exceptional circumstances such that the best interests of the child would be served by placement with or adoption by nonresidents of this State; or

(f) the child has been in foster care for at least six months after having been legally freed for adoption and no South Carolina resident has been identified as a prospective adoptive home.

Before a child is placed within or outside the boundaries of this State for adoption with nonresidents of this State, compliance with Subarticle 11, Article 11, Chapter 7 of Title 20 (Interstate Compact on the Placement of Children) is required, and a judicial determination must be made in this State that one of the circumstances in items (a) through (f) of this section applies, whether or not the adoption proceedings are instituted in South Carolina. Additionally, in order to determine if any of the circumstances in items (a) through (f) of this section apply so as to permit placement with a nonresident for the purpose of adoption or adoption by a nonresident, a petition may be brought for the determination before the birth of the child or before placement of the child with the prospective adoptive parents. In ruling on this question the court must include in its order specific findings of fact as to the circumstances allowing the placement of a child with a nonresident or the adoption of a child by a nonresident. The court also must analyze the facts against the objective criteria established in Sections 16-3-1060 and 20-7-1690(F) and make specific findings in accordance with the pertinent law and evidence presented. The order resulting from this action does not prohibit or waive the right to refuse to consent to a release of rights or relinquish rights at later time nor to withdraw a consent or relinquish at a later time as provided in this chapter. The order must be merged with and made a part of any subsequent adoption proceeding initiated in South Carolina.

(B) This section does not apply to a child placed by the State Department of Social Services or any agency under contract with the department for purposes of placing that child for adoption. Neither the department nor its contractors may delay or deny the placement of a child for adoption by a nonresident if that nonresident has been approved for adoption of the child by another state authorized to approve such placements pursuant to the Interstate Compact on Placement of Children. The department shall provide an opportunity for a hearing, in accordance with the department's fair hearing procedures, to a nonresident who believes that the department, in violation of this section, has delayed or denied placement of a child for adoption."

Referral of children to regional or national adoption exchange

SECTION 11. Section 20-7-1895(F) of the 1976 Code, as added by Act 358 of 1988, is amended to read:

"(F) The department shall refer appropriate children to regional and national exchanges when an adoptive family has not been identified within one hundred eighty days of the determination of the child's adoptable status. The department shall establish criteria by which a determination may be made that a referral to regional or national exchanges is not necessary, and the department shall monitor the status of those children not referred."

Time effective

SECTION 12. This act takes effect upon approval by the Governor.

Approved the 15th day of June, 1998.