South Carolina Code 63-7-2350. Restrictions on foster care, adoption, or legal guardian placements
(1) has a substantiated history of child abuse or neglect; or
Terms Used In South Carolina Code 63-7-2350
- Child: means a person under the age of eighteen. See South Carolina Code 63-7-20
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Social Services. See South Carolina Code 63-7-20
- Foster home: means a household of one or more persons who are licensed or approved to provide full-time care for one to five children living apart from their parents or guardians. See South Carolina Code 63-1-40
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who legally has the care and management of a child. See South Carolina Code 63-1-40
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Parent: means biological parent, adoptive parents, step-parent, or person with legal custody. See South Carolina Code 63-1-40
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Qualified residential treatment program: means a childcare institution that:
(a) has a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of children with serious emotional or behavioral disorders or disturbances and, with respect to a child, is able to implement the treatment identified for the child by the assessment of the child required pursuant to § 63-7-1730;
(b) has registered or licensed nursing staff and other licensed clinical staff who:
(i) provide care within the scope of their practice as defined by state law;
(ii) are on-site according to the treatment model referred to in subitem (a); and
(iii) are available twenty-four hours a day and seven days a week;
(c) to the extent appropriate, and in accordance with the child's best interests, facilitates participation of family members in the child's treatment program;
(d) facilitates outreach to the family members of the child, including siblings; documents how the outreach is made, including contact information; and maintains contact information for any known biological family and fictive kin of the child;
(e) documents how family members are integrated into the treatment process for the child, including postdischarge, and how sibling connections are maintained;
(f) provides discharge planning and family-based aftercare support for at least six months postdischarge; and
(g) is licensed by the department and is accredited by any of the following independent, not-for-profit organizations:
(i) Commission on Accreditation of Rehabilitation Facilities (CARF);
(ii) Joint Commission on Accreditation of Health Care Organizations (JCAHO);
(iii) Council on Accreditation (COA);
(iv) Teaching Family Association;
(v) Educational Assessment Guidelines Leading Toward Excellence (EAGLE); or
(vi) another organization approved by the department. See South Carolina Code 63-7-20
(2) has pled guilty or nolo contendere to or has been convicted of:
(a) an "Offense Against the Person" as provided for in Chapter 3 of Title 16;
(b) an "Offense Against Morality or Decency" as provided for in Chapter 15 of Title 16;
(c) contributing to the delinquency of a minor as provided for in § 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 § 16-25-20;
(f) criminal domestic violence of a high and aggravated nature as defined in § 16-25-65;
(g) a felony drug-related offense under the laws of this State;
(h) unlawful conduct toward a child as provided for in § 63-5-70;
(i) cruelty to children as provided for in § 63-5-80;
(j) child endangerment as provided for in § 56-5-2947; or
(k) criminal sexual conduct with a minor in the first degree as provided for in § 16-3-655(A).
(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.
(C) At a minimum, the department shall require that all persons referenced in subsection (A) undergo a fingerprint review to be conducted by the State Law Enforcement Division and a fingerprint review to be conducted by the Federal Bureau of Investigation. The department also shall check the State Central Registry of Child Abuse and Neglect, department records, the equivalent registry system for each state in which the person has resided for five years preceding an application for licensure as a foster parent, the National Sex Offender Registry, and the state sex offender registry for applicants and all persons twelve years of age and older residing in the home of an applicant.
(D) This section does not prevent placement in a foster home, adoptive home, legal guardian‘s home, or residential facility when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in subsection (A) has been pardoned. However, notwithstanding the entry of a pardon, the department or other entity making placement or licensing decisions may consider all information available, including the person’s pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited to provide foster care services.
(E) For the purposes of this section, "residential facility" means a group home, residential treatment center, or other facility that, pursuant to a contract with or a license or permit issued by the department, provides residential services to children in the custody of the department. This includes, but is not limited to, child caring institutions, emergency shelters, group homes, wilderness therapeutic camps, and organizations with supervised individual living facilities.