South Carolina Code 63-7-690. Relative placement
(1) the department has identified a specified relative or other person with whom it has determined that the child is to be placed instead of the department’s taking legal custody of the child; and
Terms Used In South Carolina Code 63-7-690
- Child: means a person under the age of eighteen. See South Carolina Code 63-7-20
- Court: means the family court. See South Carolina Code 63-7-20
- Department: means the Department of Social Services. See South Carolina Code 63-7-20
- 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
- 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
- Parent: means biological parent, adoptive parents, step-parent, or person with legal custody. See South Carolina Code 63-1-40
- Physical custody: means the lawful, actual possession and control of a child. See South Carolina Code 63-7-20
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probable cause: means facts and circumstances based upon accurate and reliable information, including hearsay, that would justify a reasonable person to believe that a child subject to a report under this chapter is abused or neglected. See South Carolina Code 63-7-20
(2) both the relative or other person with whom the child is to be placed and the child’s parent or guardian have agreed to the placement, the department may retain physical custody of the child for no more than five additional days if necessary to enable the relative or other person to make travel or other arrangements incident to the placement.
(B) A probable cause hearing pursuant to § 63-7-710 shall not be held unless the placement fails to occur as planned within the five-day period or the child’s parent or guardian makes a written request for a hearing to the department. The department must give the child’s parent or guardian written notice of the right to request a probable cause hearing to obtain a judicial determination of whether removal of the child from the home was and remains necessary. Upon receipt of a written request for a hearing from the child’s parent or guardian, the department shall schedule a hearing for the next date on which the family court is scheduled to hear probable cause hearings.
(C) If the placement does not occur as planned within the five-day period, the department immediately must determine whether to assume legal custody of the child and file a petition as provided in § 63-7-700(B). The department shall assure that the child is given age-appropriate information about the plans for placement and any subsequent changes in those plans at the earliest feasible time.