S.C. Code of Laws

S.C. Code § 63-7 - Child Protection and Permanency

Article 1. General Provisions

§ 63-7-10. Purpose.
§ 63-7-20. Definitions.
§ 63-7-25. Children in Out-of-home Care; Age or Developmentally Appropriate Activities.
§ 63-7-30. Seeking Assistance.
§ 63-7-40. Safe Haven for Abandoned Babies.

Article 3. Identification, Investigation, and Intervention

Subarticle 1. Identifying and Reporting Child Abuse and Neglect
§ 63-7-310. Persons Required to Report (Mandated Reporters).
§ 63-7-315. Civil Action Created for Wrongful Termination Based on Employee Having Reported Child Abuse or Neglect.
§ 63-7-320. Notification; Transfer; Notice to Designated Military Officials.
§ 63-7-330. Confidentiality of Information.
§ 63-7-340. Previous Reports.
§ 63-7-350. Reports for Lack of Investigation.
§ 63-7-360. Mandatory Reporting to Coroner.
§ 63-7-370. Domestic Violence Reporting.
§ 63-7-380. Photos and X-rays without Parental Consent; Release of Medical Records.
§ 63-7-390. Reporter Immunity from Liability.
§ 63-7-400. Department of Social Services Immunity from Liability.
§ 63-7-410. Failure to Report; Penalties.
§ 63-7-420. Abrogation of Privileged Communication; Exceptions.
§ 63-7-430. Civil Action for Bad Faith Reporting.
§ 63-7-440. Knowingly Making False Report.
§ 63-7-450. Department of Social Services to Provide Information to Public.
Subarticle 3. Emergency Protective Custody
§ 63-7-610. Statewide Jurisdiction.
§ 63-7-620. Emergency Protective Custody.
§ 63-7-630. Notification of Department of Social Services.
§ 63-7-640. Preliminary Investigation.
§ 63-7-650. Risk Assessment before Placement; Opportunity to Be Licensed as Kinship Foster Parent.
§ 63-7-660. Assumption of Legal Custody.
§ 63-7-670. Returning Child to Parents; Alternative Procedures.
§ 63-7-680. Emergency Protective Custody Extension.
§ 63-7-690. Relative Placement.
§ 63-7-700. Emergency Protective Custody Proceedings.
§ 63-7-710. Probable Cause Hearing.
§ 63-7-710(c). Appointment of Guardian ad Litem and Counsel at Probable Cause Hearing.
§ 63-7-710(e). Time Frame for Merits/Removal Hearing
§ 63-7-720. Reasonable Effort to Prevent Removal.
§ 63-7-730. Expedited Placement of Child with Relative.
§ 63-7-735. Right to Become a Licensed Kinship Foster Parent.
§ 63-7-740. Ex Parte Emergency Protective Custody.
§ 63-7-750. Doctor or Hospital May Detain Child; Civil Immunity.
§ 63-7-760. Protocols.
§ 63-7-765. Required Disclosure of Information to Kinship Care Providers.
§ 63-7-770. Required Disclosure of Information to Residential Health Facilities.
Subarticle 5. Intake and Investigation Duties of the Department of Social Services
§ 63-7-900. Purpose of the Subarticle.
§ 63-7-910. Duties of the Department.
§ 63-7-920. Investigations and Case Determination.
§ 63-7-930. Classification Categories.
§ 63-7-940. Use of Unfounded Case Information.
§ 63-7-950. Withholding Health Care.
§ 63-7-960. Consolidation and Delivery of Services.
§ 63-7-970. Children of Incarcerated Women.
§ 63-7-980. Cooperation between the Department and Law Enforcement.
§ 63-7-990. Access to Sex Offender Registry.
Subarticle 7. Institutional Abuse and Neglect
§ 63-7-1210. Department Investigation of Institutional Abuse.
§ 63-7-1220. SLED Investigation of DJJ and DSS Institutional Abuse Cases.
§ 63-7-1230. Immediate Entry in Central Registry of Name of Person Determined to Have Abused Child; Notification; Challenge.
Subarticle 9. Administrative Appeal of Indicated Cases
§ 63-7-1410. Purpose.
§ 63-7-1420. Appeal of Judicial Determinations.
§ 63-7-1430. Notice and Opportunity to be Heard.
§ 63-7-1440. Judicial Review.
Subarticle 11. Judicial Proceedings
§ 63-7-1610. Jurisdiction and Venue.
§ 63-7-1620. Legal Representation of Children.
§ 63-7-1630. Notice of Hearings.
§ 63-7-1640. Family Preservation.
§ 63-7-1650. Services without Removal (Intervention Action).
§ 63-7-1660. Services with Removal.
§ 63-7-1670. Treatment Plan.
§ 63-7-1680. Approval or Amendment of Plan (Placement Plan).
§ 63-7-1690. Placement Plans, Substance Abuse Issues.
§ 63-7-1700. Permanency Planning Hearing.
§ 63-7-1710. Standards for Terminating Parental Rights.
Subarticle 13. Central Registry of Child Abuse and Neglect
§ 63-7-1910. Purpose.
§ 63-7-1920. Department to Maintain Central Registry.
§ 63-7-1930. Petition for Placement in Central Registry.
§ 63-7-1940. Court Order for Placement in Central Registry of Child Abuse and Neglec.
§ 63-7-1950. Updated Records Requested.
§ 63-7-1960. Destruction of Certain Records.
§ 63-7-1970. Release of Information.
§ 63-7-1980. Screening Against the Central Registry.
§ 63-7-1990. Confidentiality and Release of Records and Information.
§ 63-7-2000. Retention and Disclosure of Records of Unfounded Cases.
§ 63-7-2010. Annual Reports.

Article 5. Foster Care

§ 63-7-2310. Protecting and Nurturing Children in Foster Care.
§ 63-7-2320. Kinship Foster Care Program.
§ 63-7-2330. Placement with Relatives.
§ 63-7-2340. Fingerprint Review.
§ 63-7-2345. Payment of Costs of Federal Bureau of Investigation Fingerprint Reviews.
§ 63-7-2350. Restrictions on Foster Care or Adoption Placements.
§ 63-7-2360. Placement of Minor Sex Offenders.
§ 63-7-2370. Disclosure of Information to Foster Parents.
§ 63-7-2380. Foster Parent Training.
§ 63-7-2390. Loss for Uninsured Damages.
§ 63-7-2400. Number of Foster Children Who May Be Placed in a Foster Home.

Article 7. Termination of Parental Rights

§ 63-7-2510. Purpose.
§ 63-7-2520. Jurisdiction.
§ 63-7-2530. Filing Procedures.
§ 63-7-2540. Content of Petition.
§ 63-7-2550. Service of Petition.
§ 63-7-2560. Representation by Counsel; Guardian ad Litem.
§ 63-7-2570. Grounds (for Termination of Parental Rights and Best Interest of Child).
§ 63-7-2580. Permanency of Order.
§ 63-7-2590. Effect of (Termination of Parental Rights) Order.
§ 63-7-2600. Confidentiality.
§ 63-7-2610. Effect on Adoption Laws.
§ 63-7-2620. Construction of Law.

S.C. Code § 63-9 – Adoptions
Article 1. South Carolina Adoption Act

Subarticle 1. General Provisions
§ 63-9-10. Short title.
§ 63-9-20. Legislative Purpose.
§ 63-9-30. Definitions.
§ 63-9-40. Jurisdiction; Venue.
§ 63-9-50. Children who May Be Adopted.
§ 63-9-60. Persons who May Adopt.
§ 63-9-70. Advertising Prohibited to Place or Accept Child for Adoption; Exception; Penalties.
§ 63-9-80. Required Disclosure of Information to Prospective Adoptive Parent.
Subarticle 3. Consent and Relinquishment
§ 63-9-310. Persons Who Must Give Consent or Relinquishment.
§ 63-9-320. Persons Not Required to Give Consent or Relinquishment.
§ 63-9-330. Form and Content of Consent and Relinquishment.
§ 63-9-340. Signing Consent and Relinquishment.
§ 63-9-350. Withdrawal of Consent or Relinquishment.
§ 63-9-360. Consent and Relinquishment Certification.
§ 63-9-370. Adoption of a Child in the Custody of DSS.
Subarticle 5. Investigations and Reports
§ 63-9-510. Temporary Placement and Custody of Adoptee.
§ 63-9-520. Investigations and Reports.
Subarticle 7. Judicial Procedures
§ 63-9-710. Petition for Adoption; Use of Fictitious Names.
§ 63-9-720. Appointment of Guardian ad Litem.
§ 63-9-730. Notice of Adoption Proceedings.
§ 63-9-740. Itemized Accounting of Disbursements.
§ 63-9-750. Final Hearing.
§ 63-9-760. Effect of Final Decree.
§ 63-9-770. Attacks on Final Orders; Appeals.
§ 63-9-780. Confidentiality of Hearings and Records.
§ 63-9-790. Amended Birth Certificates.
Subarticle 8. Responsible Father Registry
§ 63-9-810. State Interest; Purpose of Registry.
§ 63-9-820. Registry Established; Definitions; Claims of Paternity; Promulgation of Regulations; Unauthorized Use.
Subarticle 9. Foreign Adoptions
§ 63-9-910. Foreign Adoptions.
§ 63-9-920. Effect of Foreign Decrees of Adoption.
Subarticle 11. Stepparent, Relative, and Adult Adoptions
§ 63-9-1110. Adoption by Stepparent or Relative.
§ 63-9-1120. Adult Adoption.

Article 3. State Adoption Services

§ 63-9-1310. Declaration of Purpose.
§ 63-9-1320. DSS Adoption Program Only State Public Adoption Program.
§ 63-9-1330. DSS to Administer Program.
§ 63-9-1340. Children's Bureau Transferred; Monitoring Placements.
§ 63-9-1350. DSS to Obtain Accreditation.
§ 63-9-1360. Birth Parent Informational Brochure; Waiting Period.
§ 63-9-1370. Adoption Services Fees.
§ 63-9-1510. Statewide Adoption Exchange.

Article 7. Supplemental Benefits to Assure Adoption

§ 63-9-1700. Short Title.
§ 63-9-1710. Purpose.
§ 63-9-1720. Definitions.
§ 63-9-1730. Program Established.
§ 63-9-1740. Notice to Adoptive Parents.
§ 63-9-1750. Eligibility Criteria.
§ 63-9-1760. Eligible Children.
§ 63-9-1770. Adoptive Parents; Nature of Supplemental Benefits.
§ 63-9-1780. Eligibility for Supplemental Benefits.
§ 63-9-1790. Review of Decisions.
§ 63-9-1800. Benefits to Substitute Caregivers.
§ 63-9-1810. Authority to Promulgate Regulations.

Article 9. Interstate Compact for Adoption and Medical Assistance

§ 63-9-2000. Compact Authorized.
§ 63-9-2010. Compact Contents.
§ 63-9-2020. Additional Provisions.
§ 63-9-2030. Medical Assistance Identification.
§ 63-9-2040. Compliance with Federal Law.
§ 63-9-2050. Penalties.

Article 11.Interstate Compact on the Placement of Children

§ 63-9-2200. Compact Enacted.
§ 63-9-2210. Financial Responsibility for Children.
§ 63-9-2220. "Appropriate Public Authorities" Defined.
§ 63-9-2230. "Appropriate Authority in Receiving State" Defined.
§ 63-9-2240. Agreements with Other Compact States.
§ 63-9-2250. Visitation, Inspections by Agreement.
§ 63-9-2260. Out-of-state Placements.
§ 63-9-2270. Placement of Delinquent Children.
§ 63-9-2280. "Executive Head" Defined.
§ 63-9-2290. Promulgation of Procedures Governing Interstate Adoptive and Foster Care.

S.C. Code § 63-11 - Children's Services Agencies
Article 5. Guardian ad Litem Program
§ 63-11-510. Responsibilities of Guardian ad Litem.
§ 63-11-520. Persons Prohibited from Appointment as Guardians ad Litem.
§ 63-11-530. Guardian ad Litem to Represent Best Interests of the Child; Removal of Volunteer Guardian ad Litem..
§ 63-11-540. Right of Access to Information and Records.
§ 63-11-550. Confidentiality of Records and Information.
§ 63-11-560. Immunity from Liability for Guardian ad Litem.
§ 63-11-570. Funds.

Article 7. Foster Care Review Board
§ 63-11-700. Division for Review of the Foster Care of Children; Board.
§ 63-11-710. Local Boards for Review.
§ 63-11-720. Functions and Powers of Local Boards.
§ 63-11-750. Participation in Child Abuse and Neglect Proceedings.

S.C. Code § 16-3- Offenses against the Person
Article 1. Homicide
§ 16-3-85. Homicide by Child Abuse ; Definitions; Penalty; Sentencing.
§ 16-3-95. Infliction or Allowing Infliction of Great Bodily Injury upon a Child; Penalty; Definition; Corporal Punishment and Traffic Accident Exceptions.

Article 9. Kidnapping
§ 16-3-910. Kidnapping.

Article 13. Compensation of Victims of Crime
§ 16-3-1350. Medicolegal Examinations for Victims of Criminal Sexual Conduct or Child Sexual Abuse.

Article 15. Victim and Witness Service
§ 16-3-1505 - 1569. Victim and Witness Services.
§ 16-3-1550(E). Closed Courtroom or Taped Testimony.

S.C. Code § 16-15- Offenses against Morality and Decency
Article 1. Miscellaneous Offenses
§ 16-15-20. Incest.
§ 16-15-120. Buggery.
§ 16-15-130. Indecent Exposure.

S.C. Code § 16-17- Offenses Against Public Policy
Article 7. Miscellaneous Offenses
§ 16-17-490. Contributing to Delinquency of a Minor.
§ 16-17-495. Custodial Interference.
§ 16-17-510. Enticing Enrolled Child from Attendance in School.

S.C. Code § 17-23- Pleading and Trial
§ 17-23-175. Admissibility of Out-of-court Statement of Child under 12; Determination of Trustworthiness; Notice to Adverse Party..

S.C. Code § 19-1- Evidence: General Provisions
§ 19-1-180. Out-of-court Statements by Certain Children.

S.C. Code § 23-3- SC Law Enforcement Division
Article 7. Sex Offender Registry
§ 23-3-400 - 525. Sex Offender Registration.
§ 23-3-465. Residence in Campus Student Housing.
§ 23-3-535(B). Limitation on Places of Residence of Certain Sex Offenders.
§ 23-3-540. Electronic Monitoring; Reporting Damage to or Removing Monitoring Device; Penalty.
§ 23-3-545. Effect of Conviction of Willfully Violating Term or Condition of Active Electronic Monitoring.

S.C. Code § 44-29- Contagious and Infectious Diseases
§ 44-29-60. Sexually Transmitted Diseases Declared Dangerous to Public Health; Infection of Another with Sexually Transmitted Disease.
§ 44-29-145. Penalty for Exposing Others to HIV.

S.C. Code § 44-48- Sexually Violent Predator Act
§ 44-48-10-170. Involuntary Civil Commitment of Sexually Violent Predators.

S.C. Code § 44-53- Poisons, Drugs and Other Controlled Substances
§ 44-53-378. Exposing Child to Methamphetamine.

S.C. Code § 63-5- Legal Status of Children
Article 1. Parent-Child Relationship
§ 63-5-70. Unlawful Conduct Towards a Child.
§ 63-5-80. Cruelty to Children.

S.C. Code § 63-7- Child Protection and Permanency
Article 3. Subarticle 3. Emergency Protective Custody
§ 63-7-760. (Interagency) Protocols.
Article 3. Subarticle 5. Intake and Investigation Duties of DSS
§ 63-7-920(C). Number and Place of Interviews.
§ 63-7-980. Cooperation Between DSS and Law Enforcement.

S.C. Code § 63-11- Children's Service Agencies
Article 3. Children's Advocacy Centers
§ 63-11-310. Children's Advocacy Centers.
§ 63-11-1940. Purpose and Duties of (Department of Child Fatalities).
§ 63-11-1950. Purpose and Duties of (Child Fatality Advisory Committee).
§ 63-11-1970. Access to Information.

S.C. Code § 63-19- Juvenile Justice Code
Article 1. General Provisions
§ 63-19-10. Short Title.
§ 63-19-20. Definitions.
§ 63-19-30. Other State Agencies; Preexisting Obligations.

Article 3. Department of Juvenile Justice
§ 63-19-310. Department Created.
§ 63-19-330. Policy Setting Responsibilities of Director; Exec. Responsibilities of Director.
§ 63-19-340. Annual Report.
§ 63-19-350. Community Services.
§ 63-19-360. Institutional Services.
§ 63-19-370. Interdepartmental Agreements; Retention of Grant Revenues.
§ 63-19-380. Special School District Designation.
§ 63-19-390. Peace Officers and Constables.
§ 63-19-410. Fees.
§ 63-19-450. Youth Industries Program.
§ 63-19-460. Voluntary Participation in Program.
§ 63-19-480. Compensation of Victims Crime Fund.
§ 63-19-490. Authority to Promulgate Regulations.

Article 5.Board of Juvenile Parole
§ 63-19-610. Board.
§ 63-19-620. Removal of Member.
§ 63-19-630. Officers; Rules and Procedures.
§ 63-19-640. Compensation.

Article 7.Custody and Detention
§ 63-19-810. Taking a Child into Custody.
§ 63-19-820. Out-of-Home Placement.
§ 63-19-830. Detention Hearings; Screenings.
§ 63-19-840. Detention Homes; Temporary Care and Custody.
§ 63-19-850. Transportation to Detention Facility.

Article 9. Intake and Initiation of Proceedings
§ 63-19-1010. Intake and Probation.
§ 63-19-1020. Instituting Proceedings.
§ 63-19-1030. Prehearing Inquiry.
§ 63-19-1040. Indigent Defense.

Article 11. Transfer of Jurisdiction
§ 63-19-1210. Transfer of Jurisdiction.

Article 13. Dispositional Powers of the Court
§ 63-19-1410. Adjudication.
§ 63-19-1420. Driver's License Suspension.
§ 63-19-1430. Youth Mentor Act.
§ 63-19-1440. Commitment.
§ 63-19-1450. Commitment of Juvenile with Mental Illness or Mental Retardation.
§ 63-19-1460. Conveyance by Sherriff.
§ 63-19-1470. Adult Commitment.

Article 15. Department's Commitment Responsibilities
§ 63-19-1610. Exclusive Care; Payment by Local Governments for Use of Facilities.
§ 63-19-1620. Further Care; Education.
§ 63-19-1630. Institutional Transfer.
§ 63-19-1640. Furloughs.
§ 63-19-1650. Youthful Offender Division Transfer.
§ 63-19-1660. Interference.
§ 63-19-1670. Contraband.
§ 63-19-1680. Child Support Payments.

Article 17. Parole and Aftercare
§ 63-19-1810. Determination of Release.
§ 63-19-1820. Board of Juvenile Parole; Review and Appearance Procedures.
§ 63-19-1830. Legal Representation before Board.
§ 63-19-1840. Aftercare Investigations.
§ 63-19-1850. Conditional Release; Search and Seizure.
§ 63-19-1860. Conditional Release Violation.
§ 63-19-1870. Revocation of Conditional Release.
§ 63-19-1880. Probation Counselors.

Article 19. Juvenile Records
§ 63-19-2010. Records.
§ 63-19-2020. Confidentiality.
§ 63-19-2030. Law Enforcement Records.
§ 63-19-2040. Release of Information.
§ 63-19-2050. Petition for Expungement of Official Records.

Article 21. Interstate Compact for Juveniles
§ 63-19-2220. Interstate Compact for Juveniles.

Article 23. Offenses Involving Minors
§ 63-19-2410. Misrepresentation of Age for Admission to Theatre.
§ 63-19-2420. Loitering in a Billiard Room.
§ 63-19-2430. Playing Pinball.
§ 63-19-2440. Beer and Wine Purchase, Consumption, or Possession.
§ 63-19-2450. Alcoholic Beverage Purchase, Consumption, or Possession.
§ 63-19-2460. Alcoholic Beverages in Home; Religious Use Exception.

Joseph F. Rice School of Law

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