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Terms Used In South Carolina Code 63-7-2810

  • Child: means a person under the age of twenty-one. See South Carolina Code 63-7-2820
  • Department: means the Department of Social Services. See South Carolina Code 63-7-2820
  • Legal Guardianship: means :

    (a) a judicially established relationship between a child and caretaker that is intended to be permanent and self-sustaining and transfers to the caretaker the following parental rights and responsibilities with respect to the child:

    (i) the duty to provide protection, support, food, clothing, shelter, supervision, education, and care;

    (ii) physical custody of the child;

    (iii) legal custody when family court has not awarded legal custody to another person, agency, or institution;

    (iv) the right to consent to marriage, enlistment in the armed forces, and medical and surgical treatment;

    (v) the duty and authority to represent the child in legal actions and to make decisions of substantial legal significance affecting the child;

    (vi) the right to determine the nature and extent of the child's contact with other persons; and

    (vii) the right to manage the child's income and assets. See South Carolina Code 63-7-20
The purpose of this article is to supplement the South Carolina legal guardianship law by making possible through public supplemental benefits the most appropriate placement of a child with a legal guardian certified by the Department of Social Services as requiring a supplemental benefit to assure legal guardianship.