Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 24, 1999
S. 181
S. Printed 2/24/99--S.
Read the first time January 12, 1999.
To whom was referred a Bill (S. 181), to amend Subarticle 1, Chapter 7, Title 20, Code of Laws of South Carolina, 1976, relating to domestic relations, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Subarticle 1, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-2275. (A) As used in this section, unless the context otherwise requires:
(1) `Department' means the Department of Social Services; and
(2) `Foster Parent' means any person with whom a child in the care, custody, or guardianship of the department is
placed for temporary or long-term care.
(B) There is established a `Kinship Foster Care Program' in the State Department of Social Services.
(C) When a child has been removed from his home and is in the care, custody, or guardianship of the department, the department shall attempt to identify a relative who would be appropriate for placement of the child in accordance with the preliminary investigation requirements of Section 20-7-610 and in accordance with Section 20-7-764(B)(6). If the department determines that it is in the best interest of a child requiring out-of-home placement that the child be placed with a relative for foster care, or if a relative advises the department that the relative is interested in providing placement for a child requiring foster care, and the relative is not already licensed to provide foster care, the department shall inform the relative of the procedures for being licensed as a kinship foster parent, assist the foster parent with the licensing process, and inform the relative of availability of payments and other services to kinship foster parents. If the relative is licensed by the department to provide kinship foster care services, in accordance with rules and regulations adopted by the department regarding kinship foster care, and a placement with the relative is made, the relative may receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in services.
(D) The department shall establish, in accordance with this section and the rules and regulations promulgated hereunder, eligibility standards for becoming a kinship foster parent.
(1) Relatives within the first, second, or third degree to the parent or stepparent of a child who may be related through blood, marriage, or adoption may be eligible for licensing as a kinship foster parent.
(2) The kinship foster parent must be twenty-one years of age or older, except that if the spouse or partner of the relative is twenty-one years of age or older and living in the home, and the relative is between eighteen and twenty-one years of age, the department may waive the age requirement.
(3)(a) A person may become a kinship foster parent only upon the completion of a full kinship foster care licensing study performed in accordance with rules and regulations promulgated pursuant to this section. Residents of the household who are age eighteen years of age or older must undergo the state and federal fingerprint review procedures as provided for in Section 20-7-1640. The department shall apply the screening criteria in Section 20-7-1642 to the results of the fingerprint reviews and the licensing study.
(b) The department shall maintain the confidentiality of the results of fingerprint reviews as provided for in state and federal regulations.
(4) The department shall determine, after a thorough review of information obtained in the kinship foster care licensing process, whether the person is able to care effectively for the foster child.
(E)(1) The department shall involve the kinship foster parents in development of the child's permanent plan pursuant to Section 20-7-766 and other plans for services to the child and the kinship foster home. The department shall give notice of proceedings and information to the kinship foster parent as provided for elsewhere in this article for other foster parents. If planning for the child includes the use of child day care, the department shall pay for child care arrangements, according to established criteria for payment of these services for foster children. If the permanent plan for the child involves requesting the court to grant custody or guardianship of the child to the kinship foster parent, the department must ensure that it has informed the kinship foster parent about adoption, including services and financial benefits that might be available.
(2) The kinship foster parent shall cooperate with any activities specified in the case plan for the foster child, such as counseling, therapy or court sessions, or visits with the foster child's parents or other family members. Kinship foster parents and placements made in kinship foster care homes are subject to the requirements of Section 20-7-767."
SECTION 2. Section 20-7-1640(A) of the 1976 Code as added by Section 40A, Part II, Act No. 64 of 1993, is further amended to read:
"(A) A person applying for licensure as a foster parent and a person eighteen years of age or older, residing in a home in which a person has applied to be licensed as a foster parent, must undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprinting review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. No person may be licensed as a foster parent until these fingerprint review have been conducted and the results submitted to the Department of Social Service. The Department of Social Services may issue a temporary license to a person after the favorable completion of the State Law Enforcement Division fingerprint review if each person subject to the fingerprinting requirements affirms in writing on a form provided by the department that he or she has not been convicted of any crime provided for in Section 20-7-1642. The temporary license shall be valid until such time as the Federal Bureau of Investigation results are received by the department, and a permanent license is issued or denied, unless the department terminates the temporary license earlier."
SECTION 3. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.
SECTION 4. This act takes effect upon approval by the Governor. /
Amend title to conform.
C. TYRONE COURTNEY, for Committee.
TO AMEND SUBARTICLE 1, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC RELATIONS, BY ADDING SECTION 20-7-2275 SO AS TO ESTABLISH A KINSHIP FOSTER CARE PROGRAM TO ENCOURAGE THE PLACEMENT OF CHILDREN REMOVED FROM THEIR HOMES INTO THE HOMES OF RELATIVES FOR KINSHIP FOSTER CARE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Subarticle 1, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-2275. (A) As used in this section, unless the context otherwise requires:
(1) `Department' means the Department of Social Services; and
(2) `Foster Parent' means any person with whom a child in the care, custody, or guardianship of the department is placed for temporary or long-term care, but shall not include any persons with whom a child is placed for the purpose of adoption.
(B) There is established a `Kinship Foster Care Program' in the State Department of Social Services.
(C) When a child has been removed from his home and is in the care, custody, or guardianship of the department, the department shall attempt to place the child with a relative for kinship foster care. If the relative is approved by the department to provide foster care services, in accordance with rules and regulations adopted by the department regarding foster care services, and a placement with the relative is made, the relative may receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in services.
(D) The department shall establish, in accordance with the provisions of this act, eligibility standards for becoming a kinship foster parent.
(1) Relatives within the first, second, or third degree to the parent or step-parent of a child who may be related through blood, marriage, or adoption may be eligible for approval as a kinship foster parent.
(2) The kinship foster parent shall be twenty-one years of age or older, except that if the spouse or partner of the relative is twenty-one years of age or older and living in the home, and the relative is between eighteen and twenty-one years of age, the department may waive the age requirement.
(3)(a) A person may become a kinship foster parent only upon the completion of an investigation to ascertain if there is a state or federal record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective parent's home.
(b) The case worker assigned by the department shall conduct the investigation and shall make the results of the investigation available to the department in accordance with this section. The department shall maintain the confidentiality of the investigation results and shall use the results only for purposes of determining a person's eligibility to become a kinship foster parent.
(c) It is unlawful, except for the purpose of determining a person's eligibility for kinship foster care, for any person to disclose information obtained under this section. Any person violation this section commits a Class A misdemeanor.
(4) The department shall determine whether the person is able to care effectively for the foster child by:
(a) reviewing personal and professional references;
(b) observing during a home visit of the kinship foster parent with household member; and
(c) interviewing the kinship foster parent.
(E)(1) The department and the kinship foster parent shall develop a case plan for the foster care of the child. The plan shall be periodically reviewed and updated. If the plan includes the use of an approved day care center or family day care home, the department shall pay for child care arrangements, according to established rates.
(2) The kinship foster parent shall cooperate with any activities specified in the case plan for the foster child, such as counseling, therapy or court sessions, or visits with the foster child's parents or other family members.
(F) The Director of the Department of Social Services shall adopt rules and regulations necessary to carry out the provisions of this act pursuant to the Administrative Procedures Act, Title 1, Chapter 23, except that the director shall not commence the process under the Administrative Procedures Act until the proposed rules and regulations have been reviewed by the committee designated under the rules of the respective body for handling issues relating to children and the Department of Social Services."
SECTION 2. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on
Friday, June 26, 2009 at 2:56 P.M.