2015-2016 Bill 3104: Department of Social Services - South Carolina Legislature Online

1 South Carolina General Assembly 2 121st Session, 2015-2016 3 4 H. 3104 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. McEachern and Pitts 10 Document Path: l:\council\bills\dka\3017vr15.docx 11 12 Introduced in the House on January 13, 2015 13 Currently residing in the House Committee on Judiciary 14 15 Summary: Department of Social Services 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 12/11/2014 House Prefiled 22 12/11/2014 House Referred to Committee on Judiciary 23 1/13/2015 House Introduced and read first time ( House Journalpage 97) 24 1/13/2015 House Referred to Committee on Judiciary ( House Journalpage 97) 25 1/15/2015 House Member(s) request name added as sponsor: Pitts 26 27 View the latest legislative information at the website 28 29 30 VERSIONS OF THIS BILL 31 32 12/11/2014 33 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 637693 SO AS TO REQUIRE A 13 SAFETY PLAN TO PLACE A CHILD IN THE HOME OF A 14 RELATIVE OR OTHER PERSON INSTEAD OF THE 15 DEPARTMENT OF SOCIAL SERVICES TAKING CUSTODY 16 OF THE CHILD AND PROVIDE FOR ITS REQUIREMENTS 17 AND TO LIMIT THE EFFECTIVE DATES OF A SAFETY 18 PLAN TO NINETY DAYS AFTER ITS EXECUTION, AT 19 WHICH TIME THE DEPARTMENT SHALL RETURN THE 20 CHILD TO THE HOME, FILE A REMOVAL ACTION, OR 21 EXECUTE A TREATMENT PLAN, AS APPROPRIATE; BY 22 ADDING SECTION 637696 SO AS TO REQUIRE A 23 TREATMENT PLAN BEFORE A CHILD MAY REMAIN IN 24 THE HOME OF, OR BE PLACED WITH, A RELATIVE OR 25 OTHER PERSON AFTER EXPIRATION OF A SAFETY PLAN 26 INSTEAD OF THE DEPARTMENT TAKING CUSTODY OF 27 THE CHILD AND PROVIDE FOR ITS REQUIREMENTS AND 28 TO LIMIT THE EFFECTIVE DATES OF A TREATMENT 29 PLAN TO NINETY DAYS AFTER ITS EXECUTION, AT 30 WHICH TIME THE DEPARTMENT SHALL RETURN THE 31 CHILD TO THE HOME OR FILE A REMOVAL ACTION, AS 32 APPROPRIATE; TO AMEND SECTION 637650, RELATING 33 TO REQUIREMENTS BEFORE PLACING A CHILD WITH A 34 RELATIVE OR OTHER PERSON WHEN THE CHILD IS 35 TAKEN INTO EMERGENCY PROTECTIVE CUSTODY, SO 36 AS TO FURTHER PROVIDE FOR REQUIREMENTS TO 37 CONDUCT AN INTERVIEW AND A HOME VISIT; AND TO 38 AMEND SECTION 637690, RELATING TO PLACEMENT OF 39 A CHILD WITH A RELATIVE OR OTHER PERSON INSTEAD 40 OF TAKING THE CHILD INTO THE CUSTODY OF THE 41 DEPARTMENT OF SOCIAL SERVICES, SO AS TO REQUIRE 42 THE DEPARTMENT TO INTERVIEW THE RELATIVE OR

[3104] 2 1 OTHER PERSON, CONDUCT A HOME VISIT, AND OBTAIN 2 A CRIMINAL BACKGROUND CHECK BEFORE PLACING 3 THE CHILD WITH THE RELATIVE OR OTHER PERSON, 4 AND TO REQUIRE THE PARENT OR GUARDIAN, THE 5 RELATIVE OR OTHER PERSON, AND THE DEPARTMENT 6 TO EXECUTE A SAFETY PLAN BEFORE MAKING THE 7 PLACEMENT. 8 9 Be it enacted by the General Assembly of the State of South 10 Carolina: 11 12 SECTION 1. Subarticle 3, Article 3, Chapter 7, Title 63 of the 13 1976 Code is amended by adding: 14 15 “Section 637693. (A)(1) Before a child is placed with a 16 relative or other person pursuant to Section 637690, the parent or 17 guardian, the relative or other person, and the department shall 18 execute a safety plan, which sets forth the safety concerns, the 19 actions required of the parent or guardian for return of the child to 20 the home, the actions required of the relative or other person to 21 protect the child’s safety, and the actions required of the 22 department to monitor the child’s safety. 23 (2) While a child is living with a relative or other person 24 pursuant to Section 637690, the department weekly shall monitor 25 compliance with the safety plan by all individuals, or more 26 frequently as appropriate. 27 (3) The department continually shall assess the safety plan’s 28 appropriateness to address the immediate concerns for the safety of 29 the child and change the requirements of the plan as appropriate. 30 (B) A safety plan is not effective longer than ninety days, at 31 which time the department shall: 32 (1) return the child to the home if return of the child would 33 not cause an unreasonable risk of harm to the child’s physical 34 health, safety, and wellbeing; 35 (2) file a removal action pursuant to Section 6371660, if 36 there is an unreasonable risk of harm to the child if returned to the 37 home, and hold a probable cause hearing no later than ten days 38 after filing the action; or 39 (3) execute a treatment plan pursuant to Section 637696, as 40 part of which the child remains with the relative or other person, or 41 is placed with another relative or person, if there is an 42 unreasonable risk of harm to the child if returned to the home and 43 instead of the department taking custody of the child.

[3104] 3 1 2 Section 637696. (A) If the department decides to allow a child, 3 who is residing with a relative or other person as part of a safety 4 plan, executed pursuant to Section 637693, to continue to reside 5 with that relative or other person, or with another relative or 6 person, when the safety plan expires, instead of returning the child 7 to the home, the department shall prepare a treatment plan that 8 must be signed by the parent or guardian, the relative or other 9 person, and the department. The treatment plan must set forth the 10 safety and treatment concerns, the actions required of the parent or 11 guardian for return of the child to the home, the actions required of 12 the relative or other person in order to protect the child’s safety 13 and wellbeing, and the actions required of the department to 14 monitor the child’s safety and the parent’s or guardian’s and the 15 relative’s or other person’s compliance with the requirements of 16 treatment plan. 17 (B)(1) If the department places the child with a relative or other 18 person who was not the relative or other person with whom the 19 child was placed as part of the safety plan, the department and the 20 relative or other person shall comply with Section 637650 before 21 placement of the child pursuant to this section. 22 (2) The relative or other person with whom the child is 23 placed pursuant to this section shall agree as part of the treatment 24 plan to no later than thirty days after execution of the plan comply 25 with standards required of licensed foster parents pertaining to, at a 26 minimum: 27 (a) preservice training; 28 (b) criminal and child abuse and neglect history 29 background checks; 30 (c) home safety inspections by the State Fire Marshal and 31 health authorities; 32 (d) medical reports; and 33 (e) references. 34 (3) The department as soon as executing the treatment plan 35 shall: 36 (a) facilitate processes to assist the relative or other person 37 to meet the requirements of item (2); 38 (b) assess the relative’s or other person’s need for 39 supportive services to care for the child during the effective dates 40 of the treatment plan; and 41 (c) facilitate access to the supportive services.

[3104] 4 1 (C) The department shall monitor the placement of a child 2 pursuant to a treatment plan at least as frequently as it monitors a 3 foster care placement. The department continually shall: 4 (1) assess the treatment plan for its appropriateness to 5 address the department’s concerns that led to placement of the 6 child with the relative or other person and modify the treatment 7 plan as needed; and 8 (2) determine whether the parent or guardian, relative or 9 other person, and the department are adhering to the terms of the 10 treatment plan. 11 (D) A treatment plan executed pursuant to this section must be 12 executed before the safety plan’s expiration date and is effective 13 no longer than ninety days after execution at which time the 14 department shall: 15 (1) return the child to the home if return of the child would 16 not cause an unreasonable risk of harm to the child’s physical 17 health, safety, and wellbeing; or 18 (2) file a removal action pursuant to Section 6371660, if 19 there is an unreasonable risk of harm to the child if returned to the 20 home, and hold a probable cause hearing no later than ten days 21 after filing the action.” 22 23 SECTION 2. Section 637650 of the 1976 Code is amended to 24 read: 25 26 “Section 637650. (A) Before agreeing to or acquiescing in a 27 corrective action that involves placement of the child with a 28 relative or other person or making an interim placement with a 29 relative or other person while retaining custody of the child or as 30 soon as possible after agreeing to or acquiescing in a corrective 31 action, the department shall: 32 (1) interview the relative or other person to determine his 33 willingness, fitness, and suitability to serve as a placement; 34 (2) visit the home to ensure that the placement is safe and 35 appropriate for the needs of the child; 36 (3) secure from the relative or other person and other adults 37 in the home an affidavit attesting to information necessary to 38 determine whether a criminal history or history of child abuse or 39 neglect exists and whether this history indicates there is a 40 significant risk that the child would be threatened with abuse or 41 neglect in the home of the relative or other person.; and 42 (4) as soon as possible, the department shall confirm the 43 information supplied in the affidavit by checking the Central

[3104] 5 1 Registry of Child Abuse and Neglect, other relevant department 2 records, county sex offender registries, and records for the 3 preceding five years of law enforcement agencies in the 4 jurisdiction in which the relative or other person resides and, to the 5 extent reasonably possible, jurisdictions in which the relative or 6 other person has resided during that period. 7 (B) The department must not agree to or acquiesce in a 8 placement if the interview, home visit, affidavit, or these records 9 obtained pursuant to subsection (A)(4) reveal information 10 indicating there is a significant risk that the child would be 11 threatened with abuse or neglect in the home of the relative or 12 other person. The relative or other person must shall consent to a 13 background check of the above records by the department as 14 provided for in subsection (A)(4).” 15 16 SECTION 3. Section 637690 of the 1976 Code is amended to 17 read: 18 19 “Section 637690. (A) The department may place the child with 20 a relative or other person instead of taking legal custody of the 21 child if within the twentyfour hours following removal of the 22 child: 23 (1) the department has identified a specified relative or other 24 person with whom it has determined that the child is to be placed 25 instead of the department’s taking legal custody of the child; and 26 (2) the department and the relative or other person have 27 complied with the requirements of Section 637650; and 28 (3) both the relative or other person with whom the child is 29 to be placed and the child’s parent or guardian have agreed to the 30 placement, and signed a safety plan. 31 (B) The department may retain physical custody of the child for 32 no more than five additional days if necessary to enable the 33 relative or other person to make travel or other arrangements 34 incident to the placement. 35 (B)(C) A probable cause hearing pursuant to Section 637710 36 shall must not be held unless the placement fails to occur as 37 planned within the fiveday period or the child’s parent or guardian 38 makes a written request for a hearing to the department. The 39 department must shall give the child’s parent or guardian written 40 notice of the right to request a probable cause hearing to obtain a 41 judicial determination of whether removal of the child from the 42 home was and remains necessary. Upon receipt of a written 43 request for a hearing from the child’s parent or guardian, the

[3104] 6 1 department shall schedule a hearing for the next date on which the 2 family court is scheduled to hear probable cause hearings. 3 (C)(D) If the placement does not occur as planned within the 4 fiveday period, the department immediately must shall determine 5 whether to assume legal custody of the child and file a petition as 6 provided in Section 637700(B). The department shall assure that 7 the child is given ageappropriate information about the plans for 8 placement and any subsequent changes in those plans at the 9 earliest feasible time.” 10 11 SECTION 4. The repeal or amendment by this act of any law, 12 whether temporary or permanent or civil or criminal, does not 13 affect pending actions, rights, duties, or liabilities founded thereon, 14 or alter, discharge, release or extinguish any penalty, forfeiture, or 15 liability incurred under the repealed or amended law, unless the 16 repealed or amended provision shall so expressly provide. After 17 the effective date of this act, all laws repealed or amended by this 18 act must be taken and treated as remaining in full force and effect 19 for the purpose of sustaining any pending or vested right, civil 20 action, special proceeding, criminal prosecution, or appeal existing 21 as of the effective date of this act, and for the enforcement of 22 rights, duties, penalties, forfeitures, and liabilities as they stood 23 under the repealed or amended laws. 24 25 SECTION 5. This act takes effect upon approval by the 26 Governor. 27 XX 28

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