The period of emergency protective custody may be extended for up to twenty-four additional hours if:

(1) the department concludes that the child is to be placed with a relative or other person instead of taking legal custody of the child;

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Terms Used In South Carolina Code 63-7-680

  • Child: means a person under the age of eighteen. See South Carolina Code 63-7-20
  • Department: means the Department of Social Services. See South Carolina Code 63-7-20
  • Emergency protective custody: means the right to physical custody of a child for a temporary period of no more than twenty-four hours to protect the child from imminent danger. See South Carolina Code 63-7-20
  • Legal custody: means the right to the physical custody, care, and control of a child; the right to determine where the child shall live; the right and duty to provide protection, food, clothing, shelter, ordinary medical care, education, supervision, and discipline for a child and in an emergency to authorize surgery or other extraordinary care. See South Carolina Code 63-7-20

(2) the department requests the appropriate law enforcement agency to check for records concerning the relative or other person, or any adults in that person’s home; and

(3) the law enforcement agency notifies the department that the extension is needed to enable the law enforcement agency to complete its record check before the department’s decision on whether to take legal custody of the child.