Committee Report

1 COMMITTEE REPORT 2 May 14, 2008 3 4 H. 4747 5 6 Introduced by Rep. Harrison 7 8 S. Printed 5/14/08--S. 9 Read the first time March 4, 2008. 10 11 12 THE COMMITTEE ON JUDICIARY 13 To whom was referred a Bill (H. 4747) to amend the Code of 14 Laws of South Carolina, 1976, by adding Title 63 entitled “South 15 Carolina Children’s Code” so as to transfer provisions from 16 Chapter 7, Title 20, etc., respectfully 17 REPORT: 18 That they have duly and carefully considered the same and 19 recommend that the same do pass with amendment: 20 21 Amend the bill, as and if amended, page 10, by striking lines 22 3-17 and inserting: 23 / (D) In actions initiated by the department pursuant to Section 24 63-7-1650 or 63-7-1660, the court, only after a hearing on the 25 merits, may impose a fee of one hundred dollars against the 26 defendant. If the court does not order removal of custody or 27 intervention and protective services with the child remaining in the 28 home, the fee must be waived. The court may assess the fee 29 against any one defendant or apportion the fee among multiple 30 defendants. The fee may be paid in installments as the court may 31 order; however, the court may not assess a defendant a fee if the 32 defendant’s legal assistance is paid for with public funds or if the 33 defendant is qualified for court appointment in accordance with 34 Section 63-7-1620. The clerk of court shall collect the fee and 35 remit it to the department. The department shall retain the fees 36 remitted to be used to offset the expenses associated with its legal 37 representation in child abuse and neglect cases. / 38 Amend the bill further, as and if amended, pages 256-258, by 39 striking Section 63-17-730 in its entirety and inserting: 40 / Section 63-17-730. The director shall issue a notice of 41 financial responsibility to an obligor who owes a child support 42 debt or who is responsible for the support of a child on whose

1 [4747-1] 1 behalf the custodian of that child is receiving support enforcement 2 services from the division pursuant to Title IV-D of the Social 3 Security Act. The notice shall state that: 4 (1) the obligor is required to appear at the time and location 5 indicated in the notice for a negotiation conference to determine 6 the obligor’s duty of support; 7 (2) the division may issue an order of default setting forth the 8 amount of the obligor’s duty of support, if the obligor: 9 (a) fails to appear for the negotiation conference as 10 scheduled in the notice; 11 (b) fails to reschedule a negotiation conference before the 12 date and time stated in the notice or within thirty days of service of 13 the notice of financial responsibility, whichever is later; or 14 (c) fails to send the division a written request for a court 15 hearing before the time scheduled for the negotiation conference or 16 within thirty days of service of the notice of financial 17 responsibility, whichever is later; 18 (3) the obligor may request a court hearing within thirty days 19 after the receipt of the notice of financial responsibility pursuant to 20 Section 63-17-780; 21 (4) the order of default must be filed with the clerk of court of 22 the county in which the obligor resides or, if the obligor does not 23 reside in the State, with the clerk of court of the county in which 24 the obligee resides; that as soon as the order of the default is filed, 25 it shall have all the force, effect, and remedies of an order of the 26 court including, but not limited to, income withholding or 27 contempt of court; and that execution may be issued on the order 28 in the same manner and with the same effect as if it were an order 29 of the court; 30 (5) no court order for judgment nor verified entry of judgment 31 may be required in order for the clerk of court and division to 32 certify past due amounts of child support to the Internal Revenue 33 Service or Department of Revenue for purposes of intercepting a 34 federal or state tax refund; 35 (6) the name of the custodian of the child on whose behalf 36 support is being sought and the name and birth date of the child; 37 (7) the amount of the monthly support obligation must be 38 based upon the child support guidelines as set forth in Sections 39 63-17-470 and 43-5-580; 40 (8) the division may issue an administrative subpoena to obtain 41 income information from the obligor; 42 (9) the amount of any arrearage which has accrued under an 43 administrative or court order from support;

1 [4747-2] 1 (10) the costs of collections may be assessed against and 2 collected from the obligor; 3 (11) the obligor may assert the following objections in the 4 negotiation conference and that, if the objects are not resolved, the 5 division shall schedule a court hearing pursuant to Section 6 63-17-750(C): 7 (a) that the dependent child has been adopted by a person 8 other than the obligor; 9 (b) that the dependent child is emancipated; or 10 (c) that there is an existing court or administrative order for 11 support as to the monthly support obligation; 12 (12) the duty to provide medical support must be established 13 under this article in accordance with the state child support 14 guidelines; 15 (13) an order issued pursuant to this article or an existing order 16 of a court also may be modified under this article in accordance 17 with the Uniform Interstate Family Support Act; 18 (14) the obligor is responsible for notifying the division of any 19 change of address or employment within ten days of the change; 20 (15) if the obligor has any questions, the obligor should 21 telephone or visit the division; 22 (16) the obligor has the right to consult an attorney and the right 23 to be represented by an attorney at the negotiation conference; 24 (17) other information as set forth in regulations promulgated 25 pursuant to the Administrative Procedures Act. / 26 Amend the bill further, as and if amended, page 280, by striking 27 line 16 and inserting: 28 / purpose of imposing and enforcing income withholding under 29 Section 63-17-1410. / 30 Amend the bill further, as and if amended, page 326, by striking 31 line 40 in its entirety. 32 Amend the bill further, as and if amended, page 408, by striking 33 line 39 in its entirety and inserting: 34 / ______in the action, on the ___ day of ______, 35 20__, [in / 36 Amend the bill further, as and if amended, page 409, by striking 37 line 4 in its entirety and inserting: 38 / statutory rate from the ___ day of ______, 20__, 39 together with / 40 Amend the bill further, as and if amended, page 410, by striking 41 lines 1 through 5 in their entirety and inserting: 42 / (a) who could meet the requirements of this section except 43 for his removal from the home of a relative, specified in this

1 [4747-3] 1 section as a result of a judicial determination to the effect that 2 continuation therein would be contrary to the welfare of the child; / 3 Renumber sections to conform. 4 Amend title to conform. 5 6 JAMES H. RITCHIE, JR. for Committee. 7

1 [4747-4] 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 TITLE 63 ENTITLED “SOUTH CAROLINA 13 CHILDREN’S CODE” SO AS TO TRANSFER PROVISIONS 14 FROM CHAPTER 7, TITLE 20 TO TITLE 63, TO INCLUDE 15 THE STATE POLICY ON CHILDREN, FAMILY COURT AND 16 FAMILY COURT JUDGES, LEGAL STATUS OF CHILDREN, 17 CHILD PROTECTION AND PERMANENCY, ADOPTIONS, 18 CHILDREN’S SERVICE AGENCIES, CHILDCARE 19 FACILITIES, CUSTODY AND VISITATION, PATERNITY 20 AND CHILD SUPPORT, AND JUVENILE JUSTICE; TO ADD 21 ARTICLE 5 TO CHAPTER 3, TITLE 20, RELATING TO 22 DIVORCE, SO AS TO TRANSFER THE PROVISIONS OF 23 ARTICLE 6, CHAPTER 7, TITLE 20, RELATING TO 24 EQUITABLE APPORTIONMENT OF PROPERTY, TO THIS 25 ARTICLE; TO ADD ARTICLE 5 TO CHAPTER 5, TITLE 43, 26 RELATING TO PUBLIC AID TO CHILDREN, SO AS TO 27 TRANSFER THE PROVISIONS OF SUBARTICLE 7, ARTICLE 28 13, CHAPTER 7, TITLE 20, RELATING TO PUBLIC AID, TO 29 THIS ARTICLE; TO ADD SECTION 44-53-378 SO AS TO 30 TRANSFER THE PROVISIONS OF SECTION 20-7-105, 31 WHICH CREATES A CRIMINAL OFFENSE FOR EXPOSING 32 A CHILD TO METHAMPHETAMINES, TO THIS SECTION; 33 AND TO REPEAL CHAPTER 7, TITLE 20, RELATING TO 34 THE CHILDREN’S CODE; TO REPEAL SECTION 43-5-585, 35 RELATING TO REPORTING CHILD SUPPORT 36 ARREARAGES TO CREDIT REPORTING AGENCIES, 37 WHICH WAS TRANSFERRED TO ARTICLE 21, CHAPTER 38 17, TITLE 63; AND TO REPEAL SECTIONS 43-5-595, 39 43-5-596, AND 43-5-597, RELATING TO CHILD SUPPORT 40 ENFORCEMENT THROUGH FINANCIAL INSTITUTION 41 DATA MATCHES, WHICH WERE TRANSFERRED TO 42 ARTICLE 17, CHAPTER 17, TITLE 63.

1 [4747] 1 1 Be it enacted by the General Assembly of the State of South 2 Carolina: 3 4 SECTION 1. The South Carolina Children’s Code was created in 5 Chapter 7, Title 20 of the Code of Laws of South Carolina, 1976, 6 by Act 71 of 1981, a pioneering effort at the time and a significant 7 recognition of the importance of children and children’s issues in 8 South Carolina. Over the past twenty-six years this has been an 9 active and evolving area of law with hundred of amendments and 10 additions to the Children’s Code. 11 Consequently, the Children’s Code has outgrown its original 12 location as one chapter in Title 20. That growth has resulted in a 13 densely numbered chapter containing an extensive body of law, the 14 placement and organization of which necessarily has, in many 15 instances, been dictated solely by the availability of code section 16 numbers. 17 Accordingly, the current Children’s Code has become 18 cumbersome and often difficult to use. 19 Therefore, the General Assembly has determined that 20 transferring the Children’s Code to its own new title in the Code of 21 Laws is necessary and ultimately will be a more accessible, 22 practical resource for those working in the area of children’s law. 23 The transfer and reorganization of the code provisions in this act 24 are technical for the purposes stated in this section and are not 25 intended to be substantive. 26 27 SECTION 2. The 1976 Code is amended by adding: 28 29 “TITLE 63 30 31 South Carolina Children’s Code 32 33 CHAPTER 1 34 35 State Policy 36 and 37 General Provisions 38 39 Section 63-1-10. This title may be cited as the “South Carolina 40 Children’s Code”. 41 42 Section 63-1-20. (A) A children’s policy is hereby established 43 for this State.

1 [4747] 2 1 (B) This policy shall be interpreted in conjunction with all 2 relevant laws and regulations and shall apply to all children who 3 have need of services including, but not limited to, those mentally, 4 socially, emotionally, physically, developmentally, culturally, 5 educationally or economically disadvantaged or handicapped, 6 those dependent, neglected, abused or exploited and those who by 7 their circumstance or action violate the laws of this State and are 8 found to be in need of treatment or rehabilitation. 9 (C) It shall be the policy of this State to concentrate on the 10 prevention of children’s problems as the most important strategy 11 which can be planned and implemented on behalf of children and 12 their families. The State shall encourage community involvement 13 in the provision of children’s services including, as an integral 14 part, local government, public and private voluntary groups, public 15 and private nonprofit groups and private-for-profit groups in order 16 to encourage and provide innovative strategies for children’s 17 services. To maximize resources in providing services to children 18 in need, all agencies providing services to children shall develop 19 methods to coordinate their services and resources. For children 20 with multiple needs, the furtherance of this policy requires all 21 children’s services agencies to recognize that their jurisdiction in 22 meeting these children’s needs is not mutually exclusive. 23 (D) When children or their families request help, state and local 24 government resources shall be utilized to compliment community 25 efforts to help meet the needs of children by aiding in the 26 prevention and resolution of their problems. The State shall direct 27 its efforts first to strengthen and encourage family life as the most 28 appropriate environment for the care and nurturing of children. To 29 this end, the State shall assist and encourage families to utilize all 30 available resources. For children in need of services, care and 31 guidance the State shall secure those services as are needed to 32 serve the emotional, mental and physical welfare of children and 33 the best interests of the community, preferably in their homes or 34 the least restrictive environment possible. When children must be 35 placed in care away from their homes, the State shall insure that 36 they are protected against any harmful effects resulting from the 37 temporary or permanent inability of parents to provide care and 38 protection for their children. It is the policy of this State to reunite 39 the child with his family in a timely manner, whether or not the 40 child has been placed in the care of the State voluntarily. When 41 children must be permanently removed from their homes, they 42 shall be placed in adoptive homes so that they may become

1 [4747] 3 1 members of a family by legal adoption or, absent that possibility, 2 other permanent settings. 3 (E) The children’s policy provided for in this chapter shall be 4 implemented through the cooperative efforts of state, county and 5 municipal legislative, judicial and executive branches, as well as 6 other public and private resources. Where resources are limited, 7 services shall be targeted to those children in greatest need. 8 (F) In order to carry out this policy each agency, department, 9 institution, committee, and commission which is concerned or 10 responsible for children shall submit as a part of its annual budget 11 request a listing of programs and services for children, the priority 12 order of these programs and services in relation to other services, if 13 any, that are provided by the agency, department, institution, 14 committee, or commission, and a summary of the expenses 15 incurred for the administration of its children’s services and 16 programs. In addition, each agency, department, institution, 17 committee, and commission which must submit pursuant to law an 18 annual report to the General Assembly shall include as part of the 19 report a comprehensive statement of how its children’s services 20 and programs contributed to the implementation of this policy. 21 Copies of all these budget requests and annual reports must be 22 provided to the Office of the Governor by the agency, department, 23 institution, committee, or commission. 24 25 Section 63-1-30. This title shall be liberally construed to the end 26 that families whose unity or well-being is threatened shall be 27 assisted and protected, and restored if possible as secure units of 28 law-abiding members; and that each child coming within the 29 jurisdiction of the court shall receive, preferably in his own home, 30 the care, guidance and control that will conduce to his welfare and 31 the best interests of the State, and that when he is removed from 32 the control of his parents the court shall secure for him care as 33 nearly as possible equivalent to that which they should have given 34 him. 35 36 Section 63-1-40. When used in this title and unless otherwise 37 defined or the specific context indicates otherwise: 38 (1) ‘Child’ means a person under the age of eighteen. 39 (2) ‘Court’ means the family court. 40 (3) ‘Guardian’ means a person who legally has the care and 41 management of a child. 42 (4) ‘Judge’ means the judge of the family court.

1 [4747] 4 1 (5) ‘Parent’ means biological parent, adoptive parents, 2 step-parent, or person with legal custody. 3 (6) ‘Status offense’ means any offense which would not be a 4 misdemeanor or felony if committed by an adult, such as, but not 5 limited to, incorrigibility (beyond the control of parents), truancy, 6 running away, playing or loitering in a billiard room, playing a 7 pinball machine or gaining admission to a theater by false 8 identification. 9 (7) ‘Child caring facility’ means a campus with one or more 10 staffed residences and with a total population of twenty or more 11 children who are in care apart from their parents, relatives, or 12 guardians on a continuing full-time basis for protection and 13 guidance. 14 (8) ‘Foster home’ means a household of one or more persons 15 who are licensed or approved to provide full-time care for one to 16 five children living apart from their parents or guardians. 17 (9) ‘Residential group care home’ means a staffed residence 18 with a population fewer than twenty children who are in care apart 19 from their parents, relatives, or guardians on a full-time basis. 20 21 CHAPTER 3 22 23 Family Court 24 25 Article 1 26 27 Family Court and 28 Family Court Judges 29 30 Section 63-3-10. There hereby are created courts of limited 31 jurisdiction to be known and designated in this title as ‘family 32 courts.’ The number and boundaries of such family courts shall be 33 the same as the judicial circuits. Each court shall bear the name of 34 ‘The Family Court of ______Judicial Circuit.’ 35 36 Section 63-3-20. (A) Each family court shall have one or more 37 family court judges who shall devote full time to their duties as 38 judges, shall be prohibited from engaging directly or indirectly in 39 the practice of law except in the performance of their judicial 40 duties and shall be bound by the Code of Judicial Conduct. 41 (B) One family court judge in each circuit shall be designated 42 chief family court judge which designation shall be made by the 43 Chief Justice of the Supreme Court. Such chief family court

1 [4747] 5 1 judge, in addition to his other judicial duties, shall perform such 2 administrative duties as may be prescribed by the Chief Justice. 3 (C) The family courts shall be courts of record, and each family 4 court judge shall appoint a court reporter and a secretary who shall 5 hold office at the pleasure of the judge. The court reporter shall 6 take down and record the testimony and judge’s rulings and 7 charges, and transcribe such portion of the proceedings as may be 8 required. The court reporter and the secretary shall perform such 9 other duties as the judge may prescribe. 10 (D) Records in the family court concerning juveniles shall be 11 kept confidential as prescribed in Sections 63-7-1990 and 12 63-19-2020. 13 14 Section 63-3-30. (A)(1) No person shall be eligible to the office 15 of family court judge who is not at the time of his assuming the 16 duties of such office a citizen of the United States and of this State, 17 and has not attained the age of thirty-two years, has not been a 18 licensed attorney at law for at least eight years, and has not been a 19 resident of this State for five years next preceding his election, and 20 is not a resident of the circuit wherein the family court of which he 21 is a judge is located. Notwithstanding any other provision of law, 22 any former member of the General Assembly may be elected to the 23 office of family court judge. 24 (2) Any family court judge serving in office on the effective 25 date of the provisions of this section requiring a family court judge 26 to be at least thirty-two years of age and to have at least eight years 27 of service as a licensed attorney at law who is not of that age or 28 who has not been licensed for this required period of time may 29 continue to serve for the remainder of his current term and is 30 considered to have the requisite age and years of service as a 31 licensed attorney at law for purposes of future re-elections to the 32 office of family court judge. 33 (B) Family court judges must be elected by the General 34 Assembly for terms of six years and until their successors are 35 elected and qualify. 36 (C) The terms of all family court judges expire on the thirtieth 37 day of June of the year in which their terms are scheduled to 38 expire. 39 (D) For the purpose of electing family court judges, if more 40 than one judge is to be elected from a circuit, each judgeship in 41 that circuit shall be serially numbered beginning with the number 42 (1) and the General Assembly shall elect a judge for each such 43 judgeship. Any candidate for the office of family court judge in a

1 [4747] 6 1 circuit shall specifically file and run for a serially-numbered 2 judgeship in that circuit. 3 (E) When a vacancy occurs for an unexpired term in an office 4 of family court judge, the Governor, upon recommendation of the 5 Chief Justice, shall commission a temporary family court judge to 6 fill such vacancy until such time as the General Assembly shall 7 elect a successor who shall serve for the remainder of the 8 unexpired term. Such temporary family court judge shall receive 9 as compensation for his services the salary paid to a regular family 10 court judge and in addition thereto shall also receive the 11 subsistence and mileage as authorized by law for family court 12 judges. 13 14 Section 63-3-40. (A)The General Assembly shall elect a number 15 of family court judges from each judicial circuit as follows: 16 First Circuit Three Judges 17 Second Circuit Two Judges 18 Third Circuit Three Judges 19 Fourth Circuit Three Judges 20 Fifth Circuit Four Judges 21 Sixth Circuit Two Judges 22 Seventh Circuit Three Judges 23 Eighth Circuit Three Judges 24 Ninth Circuit Six Judges 25 Tenth Circuit Three Judges 26 Eleventh Circuit Three Judges 27 Twelfth Circuit Three Judges 28 Thirteenth Circuit Six Judges 29 Fourteenth Circuit Three Judges 30 Fifteenth Circuit Three Judges 31 Sixteenth Circuit Two Judges 32 (B) In the following judicial circuits at least one family court 33 judge must be a resident of each county in the circuit: fifth, 34 seventh, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those 35 judicial circuits made up of three or more counties at least one 36 family court judge must be a resident of one of the counties which 37 does not have the largest population in the circuit. In the ninth 38 circuit, both counties in the circuit must have at least two resident 39 family court judges. 40 (C) No county in the sixth circuit shall have more than one 41 resident family court judge. 42

1 [4747] 7 1 Section 63-3-50. Family court judges shall receive such 2 compensation as shall be provided by the General Assembly. The 3 compensation of a family court judge shall not be reduced during 4 his term of office. All family court judges shall also receive such 5 subsistence and mileage as may be authorized by law for circuit 6 court judges while holding court without the county in which the 7 judge resides. 8 9 Section 63-3-60. A judge or master whose judicial office is 10 eliminated by the provisions of this act shall be given credit for 11 state retirement purposes for the time in which he served as judge 12 or master under a formula to be determined by rule and regulation 13 of the State Budget and Control Board. 14 15 Article 3 16 17 Administrative Matters of the Family Court 18 19 Section 63-3-310. The Supreme Court by rule shall provide for 20 the administration of the family court system. 21 22 Section 63-3-320. All family court judges in a circuit, including 23 the chief family court judge, shall rotate among all counties in the 24 circuit as directed by the chief family court judge under the 25 direction and supervision of the Chief Justice. 26 27 Section 63-3-330. If two or more family court judges are 28 presiding in the same county at the same time, the chief family 29 court judge shall make assignments of the cases in such county to 30 those judges. 31 32 Section 63-3-340. The Chief Justice, in his discretion and based 33 upon caseload requirements and need, may temporarily assign a 34 family court judge to preside in another circuit other than the one 35 in which he is a resident. 36 37 Section 63-3-350. Each county shall provide sufficient physical 38 facilities for the operation of the statewide Family Court system in 39 that county, including facilities necessary for the provision of 40 intake and probation services by the Department of Juvenile 41 Justice. 42

1 [4747] 8 1 Section 63-3-360. The General Assembly shall in the annual 2 general appropriations act provide for the salaries, equipment and 3 supplies of family court judges and the court reporters and 4 secretaries authorized by the provisions of subsection (C) of 5 Section 63-3-20. All other costs necessary for the operation of the 6 family court system in a county including the salaries of necessary 7 support personnel shall be provided for by the governing body of 8 that county. 9 10 Section 63-3-370. (A) In delinquency and neglect actions no 11 court fee may be charged against and no witness fee is allowed to a 12 party to a petition. No officer of this State or of a political 13 subdivision of this State may receive a fee for the service of 14 process or for attendance in court in the proceeding, except that in 15 divorce proceedings the officer is allowed the fee provided by law 16 and except when the sheriff or clerk of court has entered into a 17 cooperative agreement with the South Carolina Department of 18 Social Services pursuant to Title IV-D of the Social Security Act 19 for the reimbursement of federal matching funds. All other 20 persons acting under orders of the court may be paid for services 21 or service of process fees provided by law for like services in cases 22 before the circuit court, to be paid from the appropriation provided 23 when the allowances are certified to by the judge. 24 (B) The sheriff, municipal police, constable, or any peace 25 officer shall serve all papers in delinquency, dependency, and 26 neglect cases without costs, except as provided for in subsection 27 (A). 28 (C) In actions for support for the spouse or dependent children, 29 when paid through the court or through a centralized wage 30 withholding system operated by the Department of Social Services 31 and not directly, the court shall assess costs against the party 32 required to pay the support in the amount of five percent of the 33 support paid, which costs must be in addition to the support money 34 paid. The revenue from the costs must be remitted as provided in 35 Section 14-1-203. 36 By making the additional five percent payment on child support 37 required by this subsection to the court or through the centralized 38 wage withholding system operated by the Department of Social 39 Services, the payor agrees: 40 (1) that this payment is in satisfaction of court costs 41 assessed; 42 (2) that this payment is not child support under 45 CFR 43 302.51 but is in addition to all child support paid;

1 [4747] 9 1 (3) to the distribution of this payment to the State for court 2 costs. 3 (D) In actions initiated by the department pursuant to Section 4 63-7-1650 or 63-17-1660, the court, only after a hearing on the 5 merits, may impose a fee of one hundred dollars against the 6 defendant. If the court does not order removal of custody or 7 intervention and protective services with the child remaining in the 8 home, the fee must be waived. The court may assess the fee 9 against any one defendant or apportion the fee among multiple 10 defendants. The fee may be paid in installments as the court may 11 order; however, the court may not assess a defendant a fee if the 12 defendant’s legal assistance is paid for with public funds or if the 13 defendant is qualified for court appointment in accordance with 14 Section 63-7-1620. The clerk of court shall collect the fee and 15 remit it to the department. The department shall retain the fees 16 remitted to be used to offset the expenses associated with its legal 17 representation in child abuse and neglect cases. 18 19 Article 5 20 21 Jurisdiction and Court Powers and Procedures 22 23 Section 63-3-510. (A) Except as otherwise provided herein, 24 the court shall have exclusive original jurisdiction and shall be the 25 sole court for initiating action: 26 (1) Concerning any child living or found within the 27 geographical limits of its jurisdiction: 28 (a) who is neglected as to proper or necessary support or 29 education as required by law, or as to medical, psychiatric, 30 psychological or other care necessary to his well-being, or who is 31 abandoned by his parent or other custodian; 32 (b) whose occupation, behavior, condition, environment 33 or associations are such as to injure or endanger his welfare or that 34 of others; 35 (c) who is beyond the control of his parent or other 36 custodian; 37 (d) who is alleged to have violated or attempted to violate 38 any state or local law or municipal ordinance, regardless of where 39 the violation occurred except as provided in Section 63-3-520; 40 (e) whose custody is the subject of controversy, except in 41 those cases where the law now gives other courts concurrent 42 jurisdiction. In the consideration of these cases, the court shall

1 [4747] 10 1 have concurrent jurisdiction to hear and determine the issue of 2 custody and support. 3 (2) For the treatment or commitment to any mental 4 institution of a mentally defective or mentally disordered or 5 emotionally disturbed child. Provided, that nothing herein is 6 intended to conflict with the authority of probate courts in dealing 7 with mental cases. 8 (3) Concerning any child seventeen years of age or over, 9 living or found within the geographical limits of the court’s 10 jurisdiction, alleged to have violated or attempted to violate any 11 State or local law or municipal ordinance prior to having become 12 seventeen years of age and such person shall be dealt with under 13 the provisions of this title relating to children. 14 (4) For the detention of a juvenile in a juvenile detention 15 facility who is charged with committing a criminal offense when 16 detention in a secure facility is found to be necessary pursuant to 17 the standards set forth in Section 63-19-820 and when the facility 18 exists in, or is otherwise available to, the county in which the 19 crime occurred. 20 (B) Whenever the court has acquired the jurisdiction of any 21 child under seventeen years of age, jurisdiction continues so long 22 as, in the judgment of the court, it may be necessary to retain 23 jurisdiction for the correction or education of the child, but 24 jurisdiction shall terminate when the child attains the age of 25 twenty-one years. Any child who has been adjudicated delinquent 26 and placed on probation by the court remains under the authority 27 of the court only until the expiration of the specified term of his 28 probation. This specified term of probation may expire before but 29 not after the eighteenth birthday of the child. 30 31 Section 63-3-520. (A) The magistrate courts and municipal 32 courts of this State have concurrent jurisdiction with the family 33 courts for the trial of persons under seventeen years of age charged 34 with traffic violations or violations of the provisions of Title 50 35 relating to fish, game, and watercraft when these courts would 36 have jurisdiction of the offense charged if committed by an adult. 37 (B) The family court shall report to the Department of Motor 38 Vehicles all adjudications of a juvenile for moving traffic 39 violations and other violations that affect the juvenile’s privilege to 40 operate a motor vehicle including, but not limited to, controlled 41 substance and alcohol violations as required by other courts of this 42 State pursuant to Section 56-1-330 and shall report to the

1 [4747] 11 1 Department of Natural Resources adjudications of the provisions 2 of Title 50. 3 4 Section 63-3-530. (A) The family court has exclusive 5 jurisdiction: 6 (1) to hear and determine matters which come within the 7 provisions of the Uniform Interstate Family Support Act; 8 (2) to hear and determine actions for divorce a vinculo 9 matrimonii, separate support and maintenance, legal separation, 10 and in other marital litigation between the parties, and for 11 settlement of all legal and equitable rights of the parties in the 12 actions in and to the real and personal property of the marriage and 13 attorney’s fees, if requested by either party in the pleadings; 14 (3) to hear and determine actions for and related to the 15 adoption of children and adults; 16 (4) to hear and determine actions for termination of parental 17 rights, whether such action is in connection with an action for 18 adoption or apart therefrom; 19 (5) (Reserved) 20 (6) to hear and determine actions for the annulment of 21 marriage; 22 (7) (Reserved) 23 (8) to hear and determine actions for changing names, 24 whether in connection with a divorce or a separate support and 25 maintenance action or apart therefrom; 26 (9) to hear and determine actions for the correction of birth 27 records; 28 (10) to consent to the enlistment of a minor in the military 29 service or the employment of a minor, if a minor has no one 30 standing in loco parentis to do so; 31 (11) to hear and determine proceedings within the county to 32 compel the support of a spouse or child, whether legitimate or 33 illegitimate; 34 (12) for the protection, guardianship and disposition of 35 neglected or dependent minors in proceedings properly brought 36 before it for the support of a spouse or child; 37 (13) in all cases or proceedings within the county against 38 persons charged with failure to obey an order of the court made 39 pursuant to authority conferred by law; 40 (14) to order support of a spouse or child, or both, irrespective 41 of whether they are likely to become a public charge; 42 (15) to include in the requirements of an order for support the 43 providing of necessary shelter, food, clothing, care, medical

1 [4747] 12 1 attention, expenses of confinement, both before and after the birth, 2 the expense of educating his or her child and other proper and 3 reasonable expenses; 4 (16) to require of persons legally chargeable with the support 5 of a spouse or child, who are possessed of sufficient means or who 6 are able to earn such means, the payment weekly, or at other fixed 7 periods, of a fair and reasonable sum for such support, or as a 8 contribution toward such support, according to the means of the 9 persons so chargeable; 10 (17) to make all orders for support run until further order of 11 the court, except that orders for child support run until the child is 12 eighteen years of age or until the child is married or becomes 13 self-supporting, as determined by the court, whichever occurs first 14 or to provide for child support past the age of eighteen years if the 15 child is in high school and is making satisfactory progress toward 16 completion of high school, not to exceed the nineteenth birthday 17 unless exceptional circumstances are found to exist or unless there 18 is a preexisting agreement or order to provide for child support 19 past the age of eighteen years; and in the discretion of the court, to 20 provide for child support past age eighteen where there are 21 physical or mental disabilities of the child or other exceptional 22 circumstances that warrant the continuation of child support 23 beyond age eighteen for as long as the physical or mental 24 disabilities or exceptional circumstances continue. 25 (18) to make an order for support of a husband or wife and 26 children by his or her spouse, even though he or she may have left 27 the home, in cases where the spouse’s conduct or condition or his 28 or her cruel or inhuman behavior made it unsafe or improper for 29 the deserting spouse to continue to live with him or her. 30 Such orders may require either spouse or any other party to the 31 proceeding: 32 (a) to stay away from the home or from the other or either 33 spouse or children; 34 (b) to permit either spouse to visit the children at stated 35 periods; 36 (c) to abstain from offensive conduct against the other 37 spouse or either of them, or against the children; 38 (d) to give proper attention to the care of the home; 39 (e) to refrain from acts of commission or omission that tend 40 to make the home not a proper place for the other, or either spouse, 41 or the children; 42 (19) in furtherance of the complete disposition of cases in the 43 jurisdiction of the court, to bring in and make parties to any

1 [4747] 13 1 proceedings pending in the court any person or persons charged 2 with or alleged to be interfering with the marital relationship 3 between a husband and wife, in violation of the law or of the rights 4 of either party to the marriage, or whose presence to the 5 proceedings may be found necessary to a complete determination 6 of the issues therein, or the relief to which the parties thereto, or 7 any of them, may be entitled; and shall have the power to enjoin 8 and restrain such interference and to punish for contempt of court 9 violations of such injunctions or restraining orders; 10 (20) to award the custody of the children, during the term of 11 any order of protection, to either spouse, or to any other proper 12 person or institution; 13 (21) to determine the manner in which sums ordered paid for 14 support shall be paid and applied, either to a person through the 15 court, through the clerk of court, or through a centralized wage 16 withholding system if required by federal statute or regulation; 17 (22) to require a person ordered to support another to give 18 security by a written undertaking that he will pay the sums ordered 19 by the court for such support and, upon the failure of any person to 20 give such security by a written undertaking when required by order 21 of the court, to punish such person for contempt and, when 22 appropriate, to discharge such undertaking; 23 (23) in lieu of requiring an undertaking, to suspend sentence 24 and place on probation a person who has failed to support another 25 as required by law, and to determine the conditions of such 26 probation and require them to be observed; to revoke such 27 suspension of sentence and probation, where circumstances 28 warrant it; and to discharge a respondent from probation; 29 (24) to release on probation prior to the expiration of the full 30 term a person committed to jail for failure to obey an order of the 31 court, where the court is satisfied that the best interest of the 32 family and the community will be served thereby; 33 (25) to modify or vacate any order issued by the court; 34 (26) to order either before, during or after a hearing a mental, 35 physical and psychiatric examination as circumstances warrant; 36 (27) to exclude the public from the courtroom in a proper 37 case; 38 (28) to send processes or any other mandates in any matter in 39 which it has jurisdiction into any county of the State for service or 40 execution in like manner and with the same force and effect as 41 similar processes or mandates of the circuit courts, as provided by 42 law; 43 (29) to compel the attendance of witnesses;

1 [4747] 14 1 (30) to make any order necessary to carry out and enforce the 2 provisions of this title, and to hear and determine any questions of 3 support, custody, separation, or any other matter over which the 4 court has jurisdiction, without the intervention of a jury; however, 5 the court may not issue an order which prohibits a custodial parent 6 from moving his residence to a location within the State unless the 7 court finds a compelling reason or unless the parties have agreed to 8 such a prohibition; 9 (31) to require spouse to furnish support or to be liable for 10 nonsupport, as provided above, if, at the time of the filing of the 11 petition for supports: 12 (a) he is residing or domiciled in the county or when such 13 area is the matrimonial domicile of the parties; or 14 (b) he is not residing or domiciled in the area referred to 15 in subsection (A), but is found therein at such time, provided the 16 petitioner is so residing or domiciled at such time; or 17 (c) he is neither residing or domiciled nor found in such 18 area but, prior to such time and while so residing or domiciled, he 19 shall have failed to furnish such support, or shall have abandoned 20 his spouse or child and thereafter shall have failed to furnish such 21 support, provided that the petitioner is so residing or domiciled at 22 that time; 23 (32) the petitioner need not continue to reside or be domiciled 24 in such area where the cause of action arose, as provided in 25 subitems (a) and (b) of item (31) of this section, if the conduct of 26 the respondent has been such as to make it unsafe or improper for 27 her to so reside or be domiciled, and the petitioner may bring 28 action in the court of the jurisdiction wherein she is residing or has 29 become domiciled; 30 (33) to order periods of visitation for the grandparents of a 31 minor child where either or both parents of the minor child is or 32 are deceased, or are divorced, or are living separate and apart in 33 different habitats regardless of the existence of a court order or 34 agreement, and upon a written finding that the visitation rights 35 would be in the best interests of the child and would not interfere 36 with the parent/child relationship. In determining whether to order 37 visitation for the grandparents, the court shall consider the nature 38 of the relationship between the child and his grandparents prior to 39 the filing of the petition or complaint; 40 (34) to order custody with all rights of guardianship as 41 described in Section 21-21-55; 42 (35) to hear and determine actions for protection from 43 domestic abuse;

1 [4747] 15 1 (36) to issue orders compelling public officials and officers to 2 perform official acts under Title 63, the Children’s Code, 3 Protection from Domestic Abuse Act, and Chapter 35, Title 43, 4 Omnibus Adult Protection Act; 5 (37) to appoint guardians ad litem in actions pertaining to 6 custody or visitation pursuant to Section 63-3-810; 7 (38) to hear and determine an action where either party in his 8 or her complaint, answer, counterclaim, or motion for pendente lite 9 relief prays for the allowance of suit money pendente lite and 10 permanently. In this action the court shall allow a reasonable sum 11 for the claim if it appears well-founded. Suit money, including 12 attorney’s fees, may be assessed for or against a party to an action 13 brought in or subject to the jurisdiction of the family court. An 14 award of temporary attorney’s fees or suit costs must not be stayed 15 by an appeal of the award; 16 (39) to require the parties to engage in court-mandated 17 mediation pursuant to Family Court Mediation Rules or to issue 18 consent orders authorizing parties to engage in any form of 19 alternate dispute resolution which does not violate the rules of the 20 court or the laws of South Carolina; provided however, the parties 21 in consensual mediation must designate any arbiter or mediator by 22 unanimous consent subject to the approval of the court; 23 (40) to require the parent of a child brought before the court 24 for adjudication of a delinquency matter and agencies providing 25 services to the family to cooperate and participate in a plan 26 adopted by the court to meet the needs and best interests of the 27 child and to hold a parent or agency in contempt for failing to 28 cooperate and participate in the plan adopted by the court. In 29 imposing its contempt powers the Family Court must take into 30 consideration mitigating circumstances including the parent’s or 31 legal custodian’s participation in the treatment plan, the level of 32 services being offered by the lead and participating agencies, and 33 the level of cooperation by the lead and participating agencies as 34 the court may deem appropriate; 35 (41) to order a person required to pay support under a court 36 order being enforced under Title IV-D of the Social Security Act 37 who is unemployed or underemployed and who is the parent of a 38 child receiving Temporary Assistance to Needy Families benefits 39 to participate in an employment training program or public service 40 employment pursuant to regulations promulgated by the 41 department. The Division of Child Support Enforcement of the 42 State Department of Social Services also has jurisdiction under this

1 [4747] 16 1 item in cases under Title IV-D of the Social Security Act brought 2 pursuant to Article 5, Chapter 17, Title 63 of the 1976 Code; 3 (42) to order joint or divided custody where the court finds it 4 is in the best interests of the child; 5 (43) to enforce an administrative subpoena or subpoena duces 6 tecum issued by the Department of Social Services pursuant to 7 Section 63-17-850 and to enforce fines assessed by the department 8 pursuant to Sections 63-17-850, 63-17-2310(C), and 43-5-598(G); 9 (44) to order sibling visitation where the court finds it is in the 10 best interest of the children; 11 (45) to hear and determine actions concerning control of the 12 person of a minor, including guardianship of the minor; 13 (46) to order custody of a minor child to the de facto 14 custodian under the circumstances specified in Section 63-15-60. 15 (B) Notwithstanding another provision of law, the family court 16 and the probate court have concurrent jurisdiction to hear and 17 determine matters relating to paternity, common-law marriage, and 18 interpretation of marital agreements; except that the concurrent 19 jurisdiction of the probate court extends only to matters dealing 20 with the estate, trust, and guardianship and conservatorship actions 21 before the probate court. 22 23 Section 63-3-540. The court is authorized to seek the 24 cooperation of all societies or organizations, public or private, 25 having for their object the protection or aid of delinquent or 26 neglected children, to the end that the court may be assisted in 27 every reasonable way to give to the children the care, protection, 28 and assistance which will conserve their welfare. Every state, 29 county, town, or municipal official or department shall assist and 30 cooperate within his or its jurisdictional power to further the 31 objects of this title. All institutions, associations, or other 32 custodial agencies in which a child may be, coming within the 33 provisions of this title, are required to give information to the 34 court, or an officer appointed by it, the court or officer requires for 35 the purposes of this title. 36 37 Section 63-3-550. The parent or custodian of any child, an 38 official of a child welfare board, any public official charged by law 39 with the care of the poor, the recognized agents of any duly 40 authorized agency, association, society or institution, any person 41 having knowledge or information of a nature which convinces 42 such person that a child is neglected or delinquent or that a child, 43 by reason of its condition, environment or its own acts, is, in

1 [4747] 17 1 accordance with the provisions of this article, subject to the 2 jurisdiction of the court or any person who has suffered injury 3 through the delinquency of any such child or is concerned in its 4 guardianship or adoption or an officer having an arrested child in 5 charge may institute a proceeding respecting such child. 6 7 Section 63-3-560. Venue of actions in the family courts shall 8 be in such county as may be provided by law. Trial of such 9 actions shall be in such county unless a change of venue is granted 10 as provided by law. 11 12 Section 63-3-570. Service of summons and any process of the 13 court shall be made as provided by law for service in the court of 14 common pleas. Provided, that if the judge is satisfied that it is 15 impracticable to serve personally the summons or the process, he 16 may order service by registered or certified mail, addressed to the 17 last known address, or by publication thereof, or both. It shall be 18 sufficient to confer jurisdiction if service is effected at least 19 forty-eight hours before the time fixed in the summons or process 20 for the return thereof. 21 Service of summons, process or notice required by this title may 22 be made by any suitable person under the direction of the court, 23 and upon request of the court shall be made by any peace officer. 24 25 Section 63-3-580. If any person summoned as herein provided 26 shall, without reasonable cause, fail to appear, he may be 27 proceeded against for contempt of court. In case the summons or 28 process cannot be served, or the parties served fail to obey the 29 same, or in any case when it shall be made to appear to the judge 30 that the service will be ineffectual, or that the welfare of the child 31 requires that he be brought forthwith into custody of the court, a 32 warrant may be issued for the child, parent or guardian of the 33 child, or any person who may have control or possession of the 34 child, to immediately bring the child before the court. 35 36 Section 63-3-590. All cases of children must be dealt with as 37 separate hearings by the court and without a jury. The hearings 38 must be conducted in a formal manner and may be adjourned from 39 time to time. The general public must be excluded and only 40 persons the judge finds to have a direct interest in the case or in the 41 work of the court may be admitted. The presence of the child in 42 court may be waived by the court at any stage of the proceedings. 43 Hearings may be held at any time or place within the county

1 [4747] 18 1 designated by the judge. In any case where the delinquency 2 proceedings may result in commitment to an institution in which 3 the child’s freedom is curtailed, the privilege against 4 self-incrimination and the right of cross-examination must be 5 preserved. In all cases where required by law, the child must be 6 accorded all rights enjoyed by adults, and where not required by 7 law the child must be accorded adult rights consistent with the best 8 interests of the child. 9 10 Section 63-3-600. Hearings shall be conducted in accordance 11 with the rules of court, and the court may consider and receive as 12 evidence the result of any investigation had or made by the 13 probation counselor; provided, that either party shall be entitled 14 to examine the probation counselor under oath thereon. The court 15 may adjourn the hearing from time to time for proper cause. 16 Where a petitioner’s needs are so urgent as to require it, the court 17 may make a temporary order for support pending a final 18 determination. 19 20 Section 63-3-610. All prosecutorial functions and duties in the 21 family courts shall be a responsibility of and be vested in the 22 solicitor of the circuit wherein the court is located. 23 24 Section 63-3-620. An adult who wilfully violates, neglects, or 25 refuses to obey or perform a lawful order of the court, or who 26 violates any provision of this title, may be proceeded against for 27 contempt of court. An adult found in contempt of court may be 28 punished by a fine, a public work sentence, or by imprisonment in 29 a local correctional facility, or any combination of them, in the 30 discretion of the court, but not to exceed imprisonment in a local 31 correctional facility for one year, a fine of fifteen hundred dollars, 32 or public work sentence of more than three hundred hours, or any 33 combination of them. An adult sentenced to a term of 34 imprisonment under this section may earn good time credits 35 pursuant to Section 24-13-210 and work credits pursuant to 36 Section 24-13-230 and may participate in a work/punishment 37 program pursuant to Section 24-13-910 unless his participation in 38 any of these programs is prohibited by order of the sentencing 39 judge. 40 41 Section 63-3-630. (A) Any appeal from an order, judgment, or 42 decree of the family court shall be taken in the manner provided by 43 the South Carolina Appellate Court Rules. The right to appeal

1 [4747] 19 1 must be governed by the same rules, practices, and procedures that 2 govern appeals from the circuit court. 3 (B) The pendency of an appeal or application may not suspend 4 the order of the family court regarding a child, nor shall it 5 discharge the child from the custody of that court or of the person, 6 institution, or agency to whose care the child shall have been 7 committed; nor shall it suspend payments for support and 8 maintenance of the wife and child. 9 10 Section 63-3-640. Post conviction proceedings, including 11 habeas corpus actions, shall be instituted in the court in which the 12 original action was concluded; provided, however, that the family 13 courts shall also have original jurisdiction of habeas corpus actions 14 if the person who is the subject of the action would otherwise be 15 within the jurisdiction of the family court. 16 17 Section 63-3-650. Any judge shall have the power to issue a 18 writ of habeas corpus to produce any person under the age of 19 seventeen in court where necessary. 20 21 Article 7 22 23 Private Guardians ad Litem 24 25 Section 63-3-810. (A) In a private action before the family 26 court in which custody or visitation of a minor child is an issue, the 27 court may appoint a guardian ad litem only when it determines 28 that: 29 (1) without a guardian ad litem, the court will likely not be 30 fully informed about the facts of the case and there is a substantial 31 dispute which necessitates a guardian ad litem; or 32 (2) both parties consent to the appointment of a guardian ad 33 litem who is approved by the court; 34 (B) The court has absolute discretion in determining who will 35 be appointed as a guardian ad litem in each case. A guardian ad 36 litem must be appointed to a case by a court order. 37 38 Section 63-3-820. (A) A guardian ad litem may be either an 39 attorney or a layperson. A person must not be appointed as a 40 guardian ad litem pursuant to Section 63-3-810 unless he possesses 41 the following qualifications: 42 (1) a guardian ad litem must be twenty-five years of age or 43 older;

1 [4747] 20 1 (2) a guardian ad litem must possess a high school diploma 2 or its equivalent; 3 (3) an attorney guardian ad litem must annually complete a 4 minimum of six hours of family law continuing legal education 5 credit in the areas of custody and visitation; however, this 6 requirement may be waived by the court; 7 (4) for initial qualification, a lay guardian ad litem must 8 have completed a minimum of nine hours of continuing education 9 in the areas of custody and visitation and three hours of continuing 10 education related to substantive law and procedure in family court. 11 The courses must be approved by the Supreme Court Commission 12 on Continuing Legal Education and Specialization; 13 (5) a lay guardian ad litem must observe three contested 14 custody merits hearings prior to serving as a guardian ad litem. 15 The lay guardian must maintain a certificate showing that 16 observation of these hearings has been completed. This certificate, 17 which shall be on a form approved by Court Administration, shall 18 state the names of the cases, the dates and the judges involved and 19 shall be attested to by the respective judge; and 20 (6) lay guardians ad litem must complete annually six hours 21 of continuing education courses in the areas of custody and 22 visitation. 23 (B) A person shall not be appointed as a guardian ad litem 24 pursuant to Section 63-3-810 who has been convicted of any crime 25 listed in Chapter 3 of Title 16, Offenses Against the Person; in 26 Chapter 15 of Title 16, Offenses Against Morality and Decency; 27 in Chapter 25 of Title 16, Criminal Domestic Violence; in Article 28 3 of Chapter 53 of Title 44, Narcotics and Controlled Substances; 29 or convicted of the crime of contributing to the delinquency of a 30 minor, provided for in Section 16-17-490. 31 (C) No person may be appointed as a guardian ad litem 32 pursuant to Section 63-3-810 if he is or has ever been on the 33 Department of Social Services Central Registry of Abuse and 34 Neglect. 35 (D) Upon appointment to a case, a guardian ad litem must 36 provide an affidavit to the court and to the parties attesting to 37 compliance with the statutory qualifications. The affidavit must 38 include, but is not limited to, the following: 39 (1) a statement affirming that the guardian ad litem has 40 completed the training requirements provided for in subsection 41 (A); 42 (2) a statement affirming that the guardian ad litem has 43 complied with the requirements of this section, including a

1 [4747] 21 1 statement that the person has not been convicted of a crime 2 enumerated in subsection (B); and 3 (3) a statement affirming that the guardian ad litem is not 4 nor has ever been on the Department of Social Services Central 5 Registry of Child Abuse and Neglect pursuant to Subarticle 13, 6 Article 3, Chapter 7. 7 (E) The court may appoint an attorney for a lay guardian ad 8 litem. A party or the guardian ad litem may petition the court by 9 motion for the appointment of an attorney for the guardian ad 10 litem. This appointment may be by consent order. The order 11 appointing the attorney must set forth the reasons for the 12 appointment and must establish a method for compensating the 13 attorney. 14 15 Section 63-3-830. (A) The responsibilities and duties of a 16 guardian ad litem include, but are not limited to: 17 (1) representing the best interest of the child; 18 (2) conducting an independent, balanced, and impartial 19 investigation to determine the facts relevant to the situation of the 20 child and the family. An investigation must include, but is not 21 limited to: 22 (a) obtaining and reviewing relevant documents, except 23 that a guardian ad litem must not be compensated for reviewing 24 documents related solely to financial matters not relevant to the 25 suitability of the parents as to custody, visitation, or child support. 26 The guardian ad litem shall have access to the child’s school 27 records and medical records. The guardian ad litem may petition 28 the family court for the medical records of the parties; 29 (b) meeting with and observing the child on at least one 30 occasion; 31 (c) visiting the home settings if deemed appropriate; 32 (d) interviewing parents, caregivers, school officials, law 33 enforcement, and others with knowledge relevant to the case; 34 (e) obtaining the criminal history of each party when 35 determined necessary; and 36 (f) considering the wishes of the child, if appropriate; 37 (3) advocating for the child’s best interest by making 38 specific and clear suggestions, when necessary, for evaluation, 39 services, and treatment for the child and the child’s family. 40 Evaluations or other services suggested by the guardian ad litem 41 must not be ordered by the court, except upon proper approval by 42 the court or by consent of the parties;

1 [4747] 22 1 (4) attending all court hearings related to custody and 2 visitation issues, except when attendance is excused by the court or 3 the absence is stipulated by both parties. A guardian must not be 4 compensated for attending a hearing related solely to a financial 5 matter if the matter is not relevant to the suitability of the parents 6 as to custody, visitation, or child support. The guardian must 7 provide accurate, current information directly to the court, and that 8 information must be relevant to matters pending before the court; 9 (5) maintaining a complete file, including notes. A 10 guardian’s notes are his work product and are not subject to 11 subpoena; and 12 (6) presenting to the court and all parties clear and 13 comprehensive written reports including, but not limited to, a final 14 written report regarding the child’s best interest. The final written 15 report may contain conclusions based upon the facts contained in 16 the report. The final written report must be submitted to the court 17 and all parties no later than twenty days prior to the merits hearing, 18 unless that time period is modified by the court, but in no event 19 later than ten days prior to the merits hearing. The ten-day 20 requirement for the submission of the final written report may only 21 be waived by mutual consent of both parties. The final written 22 report must not include a recommendation concerning which party 23 should be awarded custody, nor may the guardian ad litem make a 24 recommendation as to the issue of custody at the merits hearing 25 unless requested by the court for reasons specifically set forth on 26 the record. The guardian ad litem is subject to cross-examination 27 on the facts and conclusions contained in the final written report. 28 The final written report must include the names, addresses, and 29 telephone numbers of those interviewed during the investigation. 30 (B) A guardian ad litem may submit briefs, memoranda, 31 affidavits, or other documents on behalf of the child. A guardian 32 ad litem may also submit affidavits at the temporary hearing. Any 33 report or recommendation of a guardian ad litem must be 34 submitted in a manner consistent with the South Carolina Rules of 35 Evidence and other state law. 36 37 Section 63-3-840. A guardian ad litem must not mediate, 38 attempt to mediate, or act as a mediator in a case to which he has 39 been appointed. However, nothing in this section shall prohibit a 40 guardian ad litem from participating in a mediation or a settlement 41 conference with the consent of the parties. 42

1 [4747] 23 1 Section 63-3-850. (A) At the time of appointment of a 2 guardian ad litem, the family court judge must set forth the method 3 and rate of compensation for the guardian ad litem, including an 4 initial authorization of a fee based on the facts of the case. If the 5 guardian ad litem determines that it is necessary to exceed the fee 6 initially authorized by the judge, the guardian must provide notice 7 to both parties and obtain the judge’s written authorization or the 8 consent of both parties to charge more than the initially authorized 9 fee. 10 (B) A guardian appointed by the court is entitled to reasonable 11 compensation, subject to the review and approval of the court. In 12 determining the reasonableness of the fees and costs, the court 13 must take into account: 14 (1) the complexity of the issues before the court; 15 (2) the contentiousness of the litigation; 16 (3) the time expended by the guardian; 17 (4) the expenses reasonably incurred by the guardian; 18 (5) the financial ability of each party to pay fees and costs; 19 and 20 (6) any other factors the court considers necessary. 21 (C) The guardian ad litem must submit an itemized billing 22 statement of hours, expenses, costs, and fees to the parties and 23 their attorneys pursuant to a schedule as directed by the court. 24 (D) At any time during the action, a party may petition the 25 court to review the reasonableness of the fees and costs submitted 26 by the guardian ad litem or the attorney for the guardian ad litem. 27 28 Section 63-3-860. A guardian ad litem appointed by the family 29 court in a custody or visitation action must, upon notice of the 30 appointment, provide written disclosure to each party: 31 (1) of the nature, duration, and extent of any relationship the 32 guardian ad litem or any member of the guardian’s immediate 33 family residing in the guardian’s household has with any party; 34 (2) of any interest adverse to any party or attorney which might 35 cause the impartiality of the guardian ad litem to be challenged; 36 (3) any membership or participation in any organization related 37 to child abuse, domestic violence, or drug and alcohol abuse. 38 39 Section 63-3-870. A guardian ad litem may be removed from a 40 case at the discretion of the court. 41 42 CHAPTER 5 43

1 [4747] 24 1 Legal Status of Children 2 3 Article 1 4 5 Parent-Child Relationship 6 7 Section 63-5-10. A husband or wife declared to be chargeable 8 with the support of his or her spouse and children, if possessed of 9 sufficient means or able to earn such means, may be required to 10 pay for their support a fair and reasonable sum according to his or 11 her means, as may be determined by the court. 12 13 Section 63-5-20. (A) Any able-bodied person capable of 14 earning a livelihood who shall, without just cause or excuse, 15 abandon or fail to provide reasonable support to his or her spouse 16 or to his or her minor unmarried legitimate or illegitimate child 17 dependent upon him or her shall be deemed guilty of a 18 misdemeanor and upon conviction shall be imprisoned for a term 19 of not exceeding one year or be fined not less than three hundred 20 dollars nor more than one thousand five hundred dollars, or both, 21 in the discretion of the circuit court. A husband or wife abandoned 22 by his or her spouse is not liable for the support of the abandoning 23 spouse until such spouse offers to return unless the misconduct of 24 the husband or wife justified the abandonment. If a fine be 25 imposed the circuit court may, in its discretion, order that a portion 26 of the fine be paid to a proper and suitable person or agency for the 27 maintenance and support of the defendant’s spouse or minor 28 unmarried legitimate or illegitimate child. As used in this section 29 ‘reasonable support’ means an amount of financial assistance 30 which, when combined with the support the member is reasonably 31 capable of providing for himself or herself, will provide a living 32 standard for the member substantially equal to that of the person 33 owing the duty to support. It includes both usual and unusual 34 necessities. 35 (B) Any person who fails to receive the support required by this 36 section may petition to a circuit court of competent jurisdiction for 37 a rule to show cause why the obligated person should not be 38 required to provide such support and after proper service and 39 hearing the circuit court shall in all appropriate cases order such 40 support to be paid. Any such petition shall specify the amount of 41 support required. Compliance with the circuit court order shall bar 42 prosecution under the provisions of subsection (A) of this section. 43

1 [4747] 25 1 Section 63-5-30. The mother and father are the joint natural 2 guardians of their minor children and are equally charged with the 3 welfare and education of their minor children and the care and 4 management of the estates of their minor children; and the mother 5 and father have equal power, rights, and duties, and neither parent 6 has any right paramount to the right of the other concerning the 7 custody of the minor or the control of the services or the earnings 8 of the minor or any other matter affecting the minor. Each parent, 9 whether the custodial or noncustodial parent of the child, has equal 10 access and the same right to obtain all educational records and 11 medical records of their minor children and the right to participate 12 in their children’s school activities unless prohibited by order of 13 the court. Neither parent shall forcibly take a child from the 14 guardianship of the parent legally entitled to custody of the child. 15 16 Section 63-5-40. (A) A woman may breastfeed her child in any 17 location where the mother and her child are authorized to be. 18 (B) Breastfeeding a child in a location where the mother is 19 authorized to be is not considered indecent exposure. 20 21 Section 63-5-50. A parent, guardian, or other person responsible 22 for the care and support of a child may not be charged with 23 unlawful neglect of a child, cruelty to a child, failure to provide 24 reasonable support of a child, or a similar offense based on the 25 exclusion from the home of a seventeen-year-old child where there 26 is a demonstrable record that the child is incorrigible (beyond the 27 control of parents). 28 29 Section 63-5-60. (A) The State of South Carolina, a political 30 subdivision of the State including, but not limited to, a school 31 district, or any other person including, but not limited to, an 32 individual, a religious organization, a corporation, a partnership, or 33 other entity, whether incorporated or unincorporated, is entitled to 34 recover damages in an amount not to exceed five thousand dollars 35 in a civil action in a court of competent jurisdiction from the 36 parents or legal guardian of the person of a minor under the age of 37 eighteen years and residing with the parents or the legal guardian 38 of the person who maliciously or wilfully causes personal injury to 39 the individual or destroys, damages, or steals property, real, 40 personal, or mixed, belonging to the State of South Carolina, the 41 political subdivision of the State including, but not limited to, a 42 school district, or other person including, but not limited to, an

1 [4747] 26 1 individual, religious organization, corporation, partnership, or 2 other entity, whether incorporated or unincorporated. 3 (B) Recovery under this section is limited to actual damages. 4 (C) Nothing in this section limits the application of the family 5 purpose doctrine. 6 (D) The liability of parents or legal guardians under subsection 7 (A) is joint and several with the minor for the injury or the 8 destruction, damage, or theft, as the case may be, as long as the 9 minor would have been liable for the injury or the destruction, 10 damage, or theft if the minor had been an adult. Nothing in this 11 section may be construed to relieve the minor from personal 12 liability for the injury or the destruction, damage, or theft. The 13 liability in this section is in addition to and not in lieu of other 14 liability which may exist by law. 15 (E) This section does not apply to persons having custody or 16 charge of a minor under the authority of a state agency or a county 17 social services department or to state agencies or county 18 departments of social services which have legal custody or charge 19 of a minor. 20 21 Section 63-5-70. (A) It is unlawful for a person who has charge 22 or custody of a child, or who is the parent or guardian of a child, or 23 who is responsible for the welfare of a child as defined in Section 24 63-7-20 to: 25 (1) place the child at unreasonable risk of harm affecting the 26 child’s life, physical or mental health, or safety; 27 (2) do or cause to be done unlawfully or maliciously any 28 bodily harm to the child so that the life or health of the child is 29 endangered or likely to be endangered; or 30 (3) wilfully abandon the child. 31 (B) A person who violates subsection (A) is guilty of a felony 32 and for each offense, upon conviction, must be fined in the 33 discretion of the court or imprisoned not more than ten years, or 34 both. 35 36 Section 63-5-80. Whoever cruelly ill-treats, deprives of 37 necessary sustenance or shelter, or inflicts unnecessary pain or 38 suffering upon a child or causes the same to be done, whether the 39 person is the parent or guardian or has charge or custody of the 40 child, for every offense, is guilty of a misdemeanor and, upon 41 conviction, must be imprisoned not more than thirty days or fined 42 not more than two hundred dollars, at the discretion of the 43 magistrate.

1 [4747] 27 1 2 Article 3 3 4 Legal Capacity of Minors 5 6 Section 63-5-310. No action shall be maintained whereby to 7 charge any person upon any promise made after full age to pay any 8 debt contracted during infancy or upon any ratification after full 9 age of any promise (except upon contracts for necessaries) made 10 during infancy unless such promise or ratification shall be made by 11 some writing signed by the party to be charged therewith. 12 13 Section 63-5-320. Notwithstanding any other provisions of law 14 to the contrary, any person who, not having attained his majority, 15 contracts to borrow money to defray the expenses of attending any 16 institution of higher learning, shall have full legal capacity to act in 17 his own behalf and shall have all the rights, powers and privileges 18 and be subject to the obligations of persons of full age with respect 19 to any such contracts. 20 21 Section 63-5-330. The consent of a married minor or, if a 22 married minor be unable to give consent by reason of physical 23 disability, then the consent of the spouse of the married minor to 24 the performance by any licensed medical, surgical or dental 25 practitioners, or any hospital, or their agents or employees, of any 26 lawful diagnostic, therapeutic surgical or postmortem procedure 27 upon or in respect to such minor or any minor child of such minor, 28 shall, notwithstanding the minority of such minor, be valid and 29 legally effective for all purposes and shall be binding upon such 30 minor, his parents, spouse, heirs, executors and administrators as 31 effectively as if such minor or the spouse of such minor were 32 eighteen years of age. 33 34 Section 63-5-340. Any minor who has reached the age of 35 sixteen years may consent to any health services from a person 36 authorized by law to render the particular health service for 37 himself and the consent of no other person shall be necessary 38 unless such involves an operation which shall be performed only if 39 such is essential to the health or life of such child in the opinion of 40 the performing physician and a consultant physician if one is 41 available. 42

1 [4747] 28 1 Section 63-5-350. Health services of any kind may be rendered 2 to minors of any age without the consent of a parent or legal 3 guardian when, in the judgment of a person authorized by law to 4 render a particular health service, such services are deemed 5 necessary unless such involves an operation which shall be 6 performed only if such is essential to the health or life of such 7 child in the opinion of the performing physician and a consultant 8 physician if one is available. 9 10 Section 63-5-360. Any minor who has been married or has 11 borne a child may consent to health services for the child. 12 13 Section 63-5-370. Any consent given pursuant to this article 14 shall not be subject to disaffirmance because of minority when 15 such minor reaches majority. 16 17 Article 5 18 19 Uniform Gift to Minors Act 20 21 Section 63-5-500. This article may be cited as the ‘South 22 Carolina Uniform Gifts to Minors Act’. 23 24 Section 63-5-510. In this article, unless the context otherwise 25 requires: 26 (1) ‘Adult’ is a person who has attained the age of twenty-one 27 years. 28 (2) ‘Bank’ is any bank, trust company, national banking 29 association or industrial bank. 30 (3) ‘Broker’ is a person lawfully engaged in the business of 31 effecting transactions in securities for the account of others. The 32 term includes a bank which effects such transactions. The term 33 also includes a person lawfully engaged in buying and selling 34 securities for his own account through a broker or otherwise as a 35 part of a regular business. 36 (4) ‘Court’ means the court or branch having jurisdiction. 37 (5) ‘Custodial property’ includes: 38 (a) all securities, life insurance policies, annuity contracts, 39 real estate, tangible personal property and money and any other 40 type of property under the supervision of the same custodian for 41 the same minor as a consequence of a gift made to the minor in a 42 manner prescribed in this article; 43 (b) the income from the custodial property;

1 [4747] 29 1 (c) the proceeds, immediate and remote, from the sale, 2 exchange, conversion, investment, reinvestment, surrender or other 3 disposition of such securities, money, life insurance policies, 4 annuity contracts, real estate, tangible personal property and other 5 property. 6 (6) ‘Custodian’ is a person so designated in manner prescribed 7 in this article and the term includes a successor custodian. 8 (7) ‘Financial institution’ is a bank, a federal savings and loan 9 association, a savings institution chartered and supervised as a 10 savings and loan or similar institution under federal law or the 11 laws of a state, a federal credit union or a credit union chartered 12 and supervised under the laws of a state; a ‘domestic financial 13 institution’ is one chartered and supervised under the laws of this 14 State or chartered and supervised under federal law and having its 15 principal office in this State; an ‘insured financial institution’ is 16 one in which deposits (including a savings, share, certificate or 17 deposit account) are, in whole or in part, insured by the Federal 18 Deposit Insurance Corporation, by the Federal Savings and Loan 19 Insurance Corporation or by a deposit insurance fund approved by 20 this State. 21 (8) ‘Guardian’ of a minor means the general guardian, 22 guardian, tutor or curator of his property or estate, appointed or 23 qualified by a court of this State or another state. 24 (9) ‘Issuer’ is a person who places or authorizes the placing of 25 his name on a security, other than as a transfer agent, to evidence 26 that it represents a share, participation or other interest in his 27 property or in an enterprise, or to evidence his duty or undertaking 28 to perform an obligation evidenced by the security or who 29 becomes responsible for in place of any such person. 30 (10) ‘Legal representative’ of a person in his executor or the 31 administrator, general guardian, guardian, committee, conservator, 32 tutor or curator of his property or estate. 33 (11) ‘Life insurance policy or annuity contract’ means a life 34 insurance policy or annuity contract issued by an insurance 35 company on the life of a minor to whom a gift of the policy or 36 contract is made in the manner prescribed in this article or on the 37 life of a member of the minor’s family. 38 (12) ‘Member of a minor’s family’ means any of the minor’s 39 parents, grandparents, brothers, sisters, uncles and aunts, whether 40 of the whole blood or the half blood, or by or through legal 41 adoption.

1 [4747] 30 1 (13) ‘Minor’ is a person who has not attained the age of 2 twenty-one years, excluding a person under the age of twenty-one 3 who is married or emancipated as decreed by the family court. 4 (14) ‘Savings and loan association’ is a state-chartered savings 5 and loan association or building and loan association or a 6 federally-chartered savings and loan association. 7 (15) ‘Security’ includes any note, stock, treasury stock, bond, 8 debenture, evidence of indebtedness, certificate of interest or 9 participation in an oil, gas or mining title or lease or in payments 10 out of production under such a title or lease, collateral trust 11 certificate, transferable share, voting -trust certificate or, in 12 general, any interest or instrument commonly known as a security, 13 any certificate of interest or participation in any temporary or 14 interim certificate, receipt or certificate of deposit for or any 15 warrant or right to subscribe to or purchase any of the foregoing. 16 The term does not include a security of which the donor is the 17 issuer. A security is in ‘registered form’ when it specifies a person 18 entitled to it or to the rights it evidences and its transfer may be 19 registered upon books maintained for that purpose by or on behalf 20 of the issuer. 21 (16) ‘Transfer agent’ is a person who acts as authenticating 22 trustee, transfer agent, registrar or other agent for an issuer in the 23 registration of transfers of its securities or in the issue of new 24 securities in the cancellation of surrendered securities. 25 (17) ‘Trust company’ is a bank, corporation or other legal entity 26 authorized to exercise trust powers in this State. 27 28 Section 63-5-520. (A) An adult person may, during his 29 lifetime, make a gift of security, a life insurance policy or annuity 30 contract or money or real estate, tangible personal property or any 31 other property to a person who is a minor on the date of the gift: 32 (1) If the subject of the gift is a security in registered form, 33 by registering it in the name of the donor, another adult person or a 34 trust company followed in substance by the words: ‘As custodian 35 for ______(name of minor) ______under the Uniform 36 Gifts to Minors Act’. 37 (2) If the subject of the gift is a security not in registered 38 form, by delivering it to an adult other than the donor, a guardian 39 of the minor or a trust company, accompanied by a statement of 40 gift in the following form, in substance, signed by the donor and 41 the person designated as custodian: 42 ‘GIFT UNDER THE SOUTH CAROLINA UNIFORM GIFTS TO 43 MINORS ACT

1 [4747] 31 1 ______(name of donor) ______hereby delivers to 2 ______(name of custodian) ______as custodian for 3 ______(name of minor) ______under the South 4 Carolina Uniform Gifts to Minors Act the following security: 5 (insert an appropriate description of the security delivered 6 sufficient to identify it) 7 8 (signature of donor) 9 ______(name of custodian) ______hereby 10 acknowledges receipt of the above-described security as custodian 11 for the above minor under the Uniform Gifts to Minors Act. 12 Dated: ______13 14 (Signature of custodian)’ 15 (3) If the subject of the gift is money, by paying or 16 delivering it to a broker or a domestic financial institution for 17 credit to an account in the name of the donor, another adult or a 18 trust company followed in substance by the words: ‘as custodian 19 for ______(name of minor) ______under the Uniform 20 Gifts to Minors Act’. 21 (4) If the subject of the gift is a life insurance policy or 22 annuity contract, by causing the ownership of the policy or 23 contract to be registered with the issuing insurance company in the 24 name of the donor, another adult or a trust company followed in 25 substance by the words ‘as custodian for ______(name of 26 minor) ______under the Uniform Gifts to Minors Act’. 27 (5) If the subject of the gift is an interest in real estate, by 28 executing and delivering in the appropriate manner a deed, 29 assignment or similar instrument in the name of the donor, another 30 adult or guardian of the minor or a trust company followed in 31 substance by the words: ‘as custodian for ______(name of 32 minor) ______under the Uniform Gifts to Minors Act’. 33 (6) If the subject of the gift is an interest in any property not 34 described in items (1) through (5) above, by causing the ownership 35 of the property to be transferred by any written document in the 36 name of the donor, another adult, a guardian or the minor or a trust 37 company followed in substance by the words: ‘as custodian for 38 ______(name of minor) ______under the Uniform 39 Gifts to Minors Act’. 40 (7) If the gift is by will, by stating in the will that the bequest 41 or devise is made under the South Carolina Uniform Gifts to 42 Minors Act. Unless the testator in his will designates the 43 custodian, who shall be an adult, a guardian of the minor or a trust

1 [4747] 32 1 company, his personal representative shall, subject to any 2 limitations contained within the will, have the power to name as 3 the custodian an adult, a guardian of the minor or a trust company 4 and shall distribute the subject of the gift by transferring it in the 5 manner and form provided in the preceding items of this 6 subsection. 7 (8) If the gift is preceded by a gift in trust to some other 8 person, by stating in the will or inter vivos trust instrument that it 9 is made under the South Carolina Uniform Gifts to Minors Act. 10 Unless the custodian, who shall be an adult, a guardian of the 11 minor or a trust company, is designated in the will or inter vivos 12 trust instrument, the trustee shall, subject to any limitations 13 contained within the will or inter vivos trust instrument, have the 14 power to name as custodian an adult, a guardian of the minor or a 15 trust company, and shall distribute the subject of the gift by 16 transferring it in the manner and form provided in the preceding 17 items of this subsection. 18 (B) Any gift made in a manner prescribed in subsection (A) 19 may be made to only one minor and only one person may be the 20 custodian. 21 (C) A donor who makes a gift to a minor in the manner 22 prescribed in subsection (A) shall promptly do all things within his 23 power to put the subject of the gift in the possession and control of 24 the custodian but the donor’s failure to comply with this 25 subsection, his designation of an ineligible person as custodian, or 26 renunciation by the person designated as custodian shall not affect 27 the consummation of the gift. 28 (D) Whether or not a gift of the ownership of a life insurance 29 policy or annuity contract has been made, the owner of such a 30 policy or contract may designate a custodian (or a successor 31 custodian) as the beneficiary of any such policy or contract. When 32 the custodian receives any proceeds of such policy or contract, the 33 proceeds shall at that time become custodian property. 34 35 Section 63-5-530. (A) A gift made in a manner prescribed in 36 this article is irrevocable and conveys to the minor indefeasibly 37 vested legal title to the security, life insurance policy, annuity 38 contract, money, real estate or any other property given, but no 39 guardian of the minor has any right, power, duty or authority with 40 respect to the custodial property except as provided in this article. 41 (B) By making a gift in a manner prescribed in this article, the 42 donor incorporates in his gift, inter vivos trust instrument or will 43 all provisions of this article and grants to the custodian and to any

1 [4747] 33 1 issuer, transfer agent, bank, life insurance company, broker or third 2 person, dealing with a person designated as custodian the 3 respective powers, rights and immunities provided in this article. 4 5 Section 63-5-540. (A) The custodian shall collect, hold, 6 manage, invest and reinvest the custodial property. 7 (B) The custodian shall pay over to the minor for expenditure 8 by him, or expend for the minor’s benefit, so much of or all the 9 custodial property as the custodian deems advisable for the 10 support, maintenance, education and benefit of the minor in the 11 manner, at the same time or times, and to the extent that the 12 custodian in his discretion deems suitable and proper, with or 13 without court order, with or without regard to the duty of himself 14 or of any other person to support the minor or his ability to do so, 15 and with or without regard to any other income or property of the 16 minor which may be applicable or available for any such purpose. 17 (C) The court, on the petition of a parent or guardian of the 18 minor or of the minor, if he has attained the age of fourteen years, 19 may order the custodian to pay over to the minor for expenditure 20 by him or to expend so much of or all of the custodial property as 21 is necessary for the minor’s support, maintenance or education. 22 (D) To the extent that the custodial property is not so expended, 23 the custodian must deliver or pay over the custodial property to the 24 minor on his attaining the age of twenty-one years or, if the minor 25 dies before attaining the age of twenty-one years, the custodian 26 must then deliver or pay over the custodial property to the estate of 27 the minor. Notwithstanding the requirements of this section, the 28 custodian, in his discretion, may deliver or pay over the custodial 29 property to the payee when the payee attains the age of eighteen. 30 (E) The custodian, notwithstanding statutes restricting 31 investments by fiduciaries, shall invest and reinvest the custodial 32 property as would a prudent man of discretion and intelligence 33 who is seeking a reasonable income and the preservation of his 34 capital, except that he may, in his discretion and without liability 35 to the minor or his estate, retain custodial property given to the 36 minor in a manner prescribed in this article or hold money so given 37 in an account in the financial institution to which it was paid or 38 delivered by the donor. 39 (F) The custodian may sell, exchange, convert, surrender or 40 otherwise dispose of custodial property in the manner, at the time 41 or times, for the price or prices and upon the terms he deems 42 advisable. He may vote in person or by general or limited proxy a 43 security which is custodial property. He may consent, directly or

1 [4747] 34 1 through a committee or other agent, to the reorganization, 2 consolidation, merger, dissolution or liquidation of an issuer, a 3 security of which is custodial property, and to the sale, lease, 4 pledge or mortgage of any property by or to such an issuer, and to 5 any other action by such an issuer. He may execute and deliver 6 any and all instruments in writing which he deems advisable to 7 carry out any of his powers as custodian. With respect to any 8 interest in real estate, he may perform the same acts that any 9 unmarried adult could perform, including, but not limited to, the 10 power to buy, sell, assign, transfer, convey, dedicate, partition, 11 exchange, mortgage, create or redeem ground rents, deeds, grant or 12 exercise options, effect and keep in force fire, rent, liability, 13 casualty, and other insurance; make, execute, acknowledge, and 14 deliver deeds, conveyances, mortgages, releases, leases, including 15 leases for ninety-nine years renewable forever, and leases 16 extending beyond the minority of the minor; collect rents; 17 improve, subdivide, or develop property; construct, alter, 18 demolish or repair property; settle boundary lines and easements; 19 pay taxes; and protect assessments. 20 (G) The custodian shall register each security which is custodial 21 property and in registered form in the name of the custodian 22 followed in substance by the words: ‘as custodian for ______23 (name of minor) ______under the Uniform Gifts to Minors 24 Act’. The custodian shall hold all money which is custodial 25 property in an account with a broker or in an insured financial 26 institution in the name of the custodian followed in substance by 27 the words: ‘as custodian for ______(name of minor) 28 ______under the Uniform Gifts to Minors Act’. The 29 custodian shall keep all other custodial property separate and 30 distinct from his own property in a manner to identify it clearly as 31 custodial property. 32 (H) The custodian shall keep records of all transactions with 33 respect to the custodial property and make them available for 34 inspection at reasonable intervals by a parent or legal 35 representative of the minor or by the minor, if he has attained the 36 age of fourteen years. 37 (I) A custodian has, with respect to the custodial property, in 38 addition to the rights and powers provided in this article, all the 39 rights and powers which a guardian has with respect to property 40 not held as custodial property. 41 (J) If the subject of the gift is a life insurance policy or annuity 42 contract, the custodian:

1 [4747] 35 1 (1) in his capacity as custodian, has all the incidents of 2 ownership in the policy or contract to the same extent as if he were 3 the owner, except that the designated beneficiary of any policy or 4 contract on the life of the minor shall be the minor’s estate and the 5 designated beneficiary of any policy or contract on the life of a 6 person other than the minor shall be the custodian as custodian for 7 the minor for whom he is acting; 8 (2) may pay premiums on the policy or contract out of the 9 custodial property. 10 11 Section 63-5-550. (A) A custodian is entitled to 12 reimbursement from the custodial property for his reasonable 13 expenses incurred in the performance of his duties. 14 (B) A custodian may act without compensation for his services. 15 (C) Unless he is a donor, a custodian may receive from the 16 custodial property reasonable compensation for his services 17 determined by one of the following standards in the order stated: 18 (1) a direction by the donor when the gift is made; 19 (2) a statute of this State applicable to custodians; 20 (3) the statute of this State applicable to guardians and 21 conservators; 22 (4) an order of the court. 23 (D) Except as otherwise provided in this article, a custodian 24 shall not be required to give a bond for the performance of his 25 duties. 26 (E) A custodian not compensated for his services is not liable 27 for losses to the custodial property unless they result from his bad 28 faith, intentional wrongdoing or gross negligence or from his 29 failure to maintain the standard of prudence in investing the 30 custodial property provided in this article. 31 32 Section 63-5-560. No issuer, transfer agent, bank, life 33 insurance company, broker or other person or financial institution 34 acting on the instructions of or otherwise dealing with any person 35 purporting to act as a donor or in the capacity of a custodian is 36 responsible for determining whether the person designated as 37 custodian by the purported donor or by the custodian or purporting 38 to act as a custodian has been duly designated or whether any 39 purchase, sale or transfer to or by or any other act of any person 40 purporting to act in the capacity of custodian is in accordance with 41 or authorized by this article, or is obliged to inquire into the 42 validity or propriety under this article of any instrument or 43 instructions executed or given by a person purporting to act as a

1 [4747] 36 1 donor or in the capacity of a custodian, or is bound to see to the 2 application by any person purporting to act in the capacity of a 3 custodian of any money or other property paid or delivered to him. 4 No issuer, transfer agent, bank, life insurance company, broker or 5 other person or financial institution acting on any instrument of 6 designation of a successor custodian, executed as provided in 7 subsection (A) of Section 63-5-570 by a minor to whom a gift has 8 been made in a manner prescribed in this article and who has 9 attained the age of fourteen years, is responsible for determining 10 whether the person designated by the minor as successor custodian 11 has been duly designated, or is obliged to inquire into the validity 12 or propriety under this article of the instrument of designation. 13 14 Section 63-5-570. (A) Only an adult member of the minor’s 15 family, a guardian of the minor or a trust company is eligible to 16 become successor custodian. A custodian may designate his 17 successor by executing and dating an instrument of designation 18 before a subscribing witness other than the successor, the 19 instrument of designation may, but need not, contain the 20 resignation of the custodian. If the custodian does not so designate 21 his successor before he dies or becomes legally incapacitated, and 22 the minor has attained the age of fourteen years, the minor may 23 designate a successor custodian by executing an instrument of 24 designation before a subscribing witness other than the successor. 25 A successor custodian has all the rights, powers, duties and 26 immunities of a custodian designated in a manner prescribed by 27 this article. 28 (B) The designation of a successor custodian as provided in 29 subsection (A) takes effect as to each item of the custodial 30 property when the custodian resigns, dies or becomes legally 31 incapacitated, and the custodian or his legal representative: 32 (1) Causes the item, if it is a security in registered form, or a 33 life insurance policy or annuity contract, to be registered with the 34 issuing insurance company in the case of a life insurance policy or 35 annuity contract, or an interest in real property in the name of the 36 successor custodian followed in substance by the words: ‘as 37 custodian for ______(name of minor) ______under the 38 Uniform Gifts to Minors Act’; 39 (2) Delivers or causes to be delivered to the successor 40 custodian any other item of the custodial property, together with 41 the instrument of designation of the successor custodian or a true 42 copy thereof, and any additional instruments required for the 43 transfer thereof to the successor custodian.

1 [4747] 37 1 (C) A custodian who executes an instrument of designation of 2 his successor containing the custodian’s resignation as provided in 3 subsection (A) shall promptly do all things within his power to put 4 each item of the custodial property in the possession and control of 5 the successor custodian named in the instrument. The legal 6 representative of a custodian who dies or becomes legally 7 incapacitated shall promptly do all things within his power to put 8 each item of the custodial property in the possession and control of 9 the successor custodian named in an instrument of designation 10 executed as provided in subsection (A) by the custodian or, if 11 none, by the minor if he has no guardian and has attained the age 12 of fourteen years, or in the possession and control of the guardian 13 of the minor if he has a guardian. If the custodian has executed as 14 provided in subsection (A) more than one instrument of 15 designation, his legal representative shall treat the instrument dated 16 on an earlier date as having been revoked by the instrument dated 17 on a later date. 18 (D) If a person designated as custodian or as a successor 19 custodian by the custodian as provided in subsection (A) is not 20 eligible, dies, or becomes legally incapacitated before the minor 21 attains the age of eighteen years and if the minor has a guardian, 22 the guardian of the minor is successor custodian. If the minor has 23 no guardian and if no successor custodian who is eligible and has 24 not died or became legally incapacitated has been designated as 25 provided in subsection (A), a donor, his representative, the legal 26 representative of the custodian, or an adult member of the minor’s 27 family may petition the court for the designation of a successor 28 custodian. The provisions of this subsection do not affect the 29 power of a personal representative or trustee to appoint a custodian 30 pursuant to items (7) and (8) of subsection (A) of Section 31 63-5-520, or the power of an owner of a life insurance policy or 32 annuity contract to appoint a successor custodian pursuant to 33 subsection (D) of Section 63-5-520. 34 (E) A donor, the legal representative of a donor, a successor 35 custodian, an adult member of the minor’s family, a guardian of 36 the minor or the minor, if he has attained the age of fourteen years, 37 may petition the court that, for cause shown in the petition, the 38 custodian be removed and a successor custodian be designated or, 39 in the alternative, that the custodian be required to give bond for 40 the performance of his duties. 41 (F) Upon the filing of a petition as provided in this section, the 42 court shall grant an order, directed to the persons and returnable on 43 such notice as the court may require, to show cause why the relief

1 [4747] 38 1 prayed for in the petition should not be granted and, in due course, 2 grant such relief as the court finds to be in the best interests of the 3 minor. 4 5 Section 63-5-580. (A) The minor, if he has attained the age of 6 fourteen years, or the legal representative of the minor, an adult 7 member of the minor’s family or a donor or his legal 8 representative may petition the court for an accounting by the 9 custodian or his legal representative. 10 (B) The court, in a proceeding under this article or otherwise, 11 may require or permit the custodian or his legal representative to 12 account and, if the custodian is removed, shall so require and order 13 delivery of all custodial property to the successor custodian and the 14 execution of all instruments required for the transfer thereof. 15 16 Section 63-5-590. (A) This article shall be so construed as to 17 effectuate its general purpose to make uniform the law of those 18 states which enact it. 19 (B) This article shall not be construed as providing an exclusive 20 method for making gifts to minors. 21 22 Section 63-5-600. No amendment to this article shall be 23 construed to adversely affect any gift legally made under its 24 provisions in effect prior to the amendment. 25 26 CHAPTER 7 27 28 Child Protection and Permanency 29 30 Article 1 31 32 General Provisions 33 34 Section 63-7-10. (A) Any intervention by the State into family 35 life on behalf of children must be guided by law, by strong 36 philosophical underpinnings, and by sound professional standards 37 for practice. Child welfare services must be based on these 38 principles: 39 (1) Parents have the primary responsibility for and are the 40 primary resource for their children. 41 (2) Children should have the opportunity to grow up in a 42 family unit if at all possible.

1 [4747] 39 1 (3) State and community agencies have a responsibility to 2 implement prevention programs aimed at identifying high risk 3 families and to provide supportive intervention to reduce 4 occurrence of maltreatment. 5 (4) Services for families should be accessible and designed 6 to encourage and enable families to adequately deal with their 7 problems within their own family system. 8 (5) All child welfare intervention by the State has as its 9 primary goal the welfare and safety of the child. 10 (6) Child welfare intervention into a family’s life should be 11 structured so as to avoid a child’s entry into the protective service 12 and foster care systems if at all possible. 13 (7) The state’s child welfare system must be designed to be 14 child-centered, family-focused, community-based, and culturally 15 competent in its prevention and protection efforts. 16 (8) Neighborhoods and communities are the primary source 17 of opportunities and supports for families and have a primary 18 responsibility in assuring the safety and vitality of their members. 19 (9) The Department of Social Services shall collaborate with 20 the community to identify, support, and treat families in a 21 nonthreatening manner, in both investigative and family 22 assessment situations. 23 (10) A family assessment approach, stressing the safety of the 24 child, building on the strengths of the family, and identifying and 25 treating the family’s needs is the appropriate approach for cases 26 not requiring law enforcement involvement or the removal of the 27 child. 28 (11) Only a comparatively small percentage of current child 29 abuse and neglect reports are criminal in nature or will result in the 30 removal of the child or alleged perpetrator. 31 (12) Should removal of a child become necessary, the state’s 32 foster care system must be prepared to provide timely and 33 appropriate placements for children with relatives or in licensed 34 foster care settings and to establish a plan which reflects a 35 commitment by the State to achieving permanency for the child 36 within reasonable timelines. 37 (13) The Department of Social Services staff who investigates 38 serious child abuse and neglect reports with law enforcement must 39 be competent in law enforcement procedures, fact finding, 40 evidence gathering, and effective social intervention and 41 assessment. 42 (14) Services should be identified quickly and should build on 43 the strengths and resources of families and communities.

1 [4747] 40 1 (B) It is the purpose of this chapter to: 2 (1) acknowledge the different intervention needs of families; 3 (2) establish an effective system of services throughout the 4 State to safeguard the well-being and development of endangered 5 children and to preserve and stabilize family life, whenever 6 appropriate; 7 (3) ensure permanency on a timely basis for children when 8 removal from their homes is necessary; 9 (4) establish fair and equitable procedures, compatible with 10 due process of law to intervene in family life with due regard to 11 the safety and welfare of all family members; and 12 (5) establish an effective system of protection of children 13 from injury and harm while living in public and private residential 14 agencies and institutions meant to serve them. 15 16 Section 63-7-20. When used in this chapter or Chapter 9 or 11 17 and unless the specific context indicates otherwise: 18 (1) ‘Abandonment of a child’ means a parent or guardian 19 wilfully deserts a child or wilfully surrenders physical possession 20 of a child without making adequate arrangements for the child’s 21 needs or the continuing care of the child. 22 (2) ‘Affirmative determination’ means a finding by a 23 preponderance of evidence that the child was abused or neglected 24 by the person who is alleged or determined to have abused or 25 neglected the child and who is mentioned by name in a report or 26 finding. This finding may be made only by: 27 (a) the court; 28 (b) the Department of Social Services upon a final agency 29 decision in its appeals process; or 30 (c) waiver by the subject of the report of his right to appeal. 31 If an affirmative determination is made by the court after an 32 affirmative determination is made by the Department of Social 33 Services, the court’s finding must be the affirmative determination. 34 (3) ‘Child’ means a person under the age of eighteen. 35 (4) ‘Child abuse or neglect’ or ‘harm’ occurs when the parent, 36 guardian, or other person responsible for the child’s welfare: 37 (a) inflicts or allows to be inflicted upon the child physical 38 or mental injury or engages in acts or omissions which present a 39 substantial risk of physical or mental injury to the child, including 40 injuries sustained as a result of excessive corporal punishment, but 41 excluding corporal punishment or physical discipline which: 42 (i) is administered by a parent or person in loco parentis;

1 [4747] 41 1 (ii) is perpetrated for the sole purpose of restraining or 2 correcting the child; 3 (iii) is reasonable in manner and moderate in degree; 4 (iv) has not brought about permanent or lasting damage to 5 the child; and 6 (v) is not reckless or grossly negligent behavior by the 7 parents. 8 (b) commits or allows to be committed against the child a 9 sexual offense as defined by the laws of this State or engages in 10 acts or omissions that present a substantial risk that a sexual 11 offense as defined in the laws of this State would be committed 12 against the child; 13 (c) fails to supply the child with adequate food, clothing, 14 shelter, or education as required under Article 1 of Chapter 65 of 15 Title 59, supervision appropriate to the child’s age and 16 development, or health care though financially able to do so or 17 offered financial or other reasonable means to do so and the failure 18 to do so has caused or presents a substantial risk of causing 19 physical or mental injury. However, a child’s absences from 20 school may not be considered abuse or neglect unless the school 21 has made efforts to bring about the child’s attendance, and those 22 efforts were unsuccessful because of the parents’ refusal to 23 cooperate. For the purpose of this chapter ‘adequate health care’ 24 includes any medical or nonmedical remedial health care permitted 25 or authorized under state law; 26 (d) abandons the child; 27 (e) encourages, condones, or approves the commission of 28 delinquent acts by the child and the commission of the acts are 29 shown to be the result of the encouragement, condonation, or 30 approval; or 31 (f) has committed abuse or neglect as described in 32 subsections (a) through (e) such that a child who subsequently 33 becomes part of the person’s household is at substantial risk of one 34 of those forms of abuse or neglect. 35 (5) ‘Child protective investigation’ means an inquiry 36 conducted by the department in response to a report of child abuse 37 or neglect made pursuant to this chapter. 38 (6) ‘Child protective services’ means assistance provided by 39 the department as a result of indicated reports or affirmative 40 determinations of child abuse or neglect, including assistance 41 ordered by the family court or consented to by the family. The 42 objectives of child protective services are to: 43 (a) protect the child’s safety and welfare; and

1 [4747] 42 1 (b) maintain the child within the family unless the safety of 2 the child requires placement outside the home. 3 (7) ‘Court’ means the family court. 4 (8) ‘Department’ means the Department of Social Services. 5 (9) ‘Emergency protective custody’ means the right to physical 6 custody of a child for a temporary period of no more than 7 twenty-four hours to protect the child from imminent danger. 8 Emergency protective custody may be taken only by a law 9 enforcement officer pursuant to this chapter. 10 (10) ‘Guardianship of a child’ means the duty and authority 11 vested in a person by the family court to make certain decisions 12 regarding a child, including: 13 (a) consenting to a marriage, enlistment in the armed forces, 14 and medical and surgical treatment; 15 (b) representing a child in legal actions and to make other 16 decisions of substantial legal significance affecting a child; and 17 (c) rights and responsibilities of legal custody when legal 18 custody has not been vested by the court in another person, 19 agency, or institution. 20 (11) ‘Indicated report’ means a report of child abuse or neglect 21 supported by facts which warrant a finding by a preponderance of 22 evidence that abuse or neglect is more likely than not to have 23 occurred. 24 (12) ‘Institutional child abuse and neglect’ means situations of 25 known or suspected child abuse or neglect where the person 26 responsible for the child’s welfare is the employee of a public or 27 private residential home, institution, or agency. 28 (13) ‘Legal custody’ means the right to the physical custody, 29 care, and control of a child; the right to determine where the child 30 shall live; the right and duty to provide protection, food, clothing, 31 shelter, ordinary medical care, education, supervision, and 32 discipline for a child and in an emergency to authorize surgery or 33 other extraordinary care. The court may in its order place other 34 rights and duties with the legal custodian. Unless otherwise 35 provided by court order, the parent or guardian retains the right to 36 make decisions of substantial legal significance affecting the child, 37 including consent to a marriage, enlistment in the armed forces, 38 and major nonemergency medical and surgical treatment, the 39 obligation to provide financial support or other funds for the care 40 of the child, and other residual rights or obligations as may be 41 provided by order of the court. 42 (14) ‘Mental injury’ means an injury to the intellectual, 43 emotional, or psychological capacity or functioning of a child as

1 [4747] 43 1 evidenced by a discernible and substantial impairment of the 2 child’s ability to function when the existence of that impairment is 3 supported by the opinion of a mental health professional or 4 medical professional. 5 (15) ‘Party in interest’ includes the child, the child’s attorney 6 and guardian ad litem, the natural parent, an individual with 7 physical or legal custody of the child, the foster parent, and the 8 local foster care review board. 9 (16) ‘Person responsible for a child’s welfare’ includes the 10 child’s parent, guardian, foster parent, an operator, employee, or 11 caregiver, as defined by Section 63-13-20, of a public or private 12 residential home, institution, agency, or childcare facility or an 13 adult who has assumed the role or responsibility of a parent or 14 guardian for the child, but who does not necessarily have legal 15 custody of the child. A person whose only role is as a caregiver 16 and whose contact is only incidental with a child, such as a 17 babysitter or a person who has only incidental contact but may not 18 be a caretaker, has not assumed the role or responsibility of a 19 parent or guardian. An investigation pursuant to Section 63-7-920 20 must be initiated when the information contained in a report 21 otherwise sufficient under this section does not establish whether 22 the person has assumed the role or responsibility of a parent or 23 guardian for the child. 24 (17) ‘Physical custody’ means the lawful, actual possession and 25 control of a child. 26 (18) ‘Physical injury’ means death or permanent or temporary 27 disfigurement or impairment of any bodily organ or function. 28 (19) ‘Preponderance of evidence’ means evidence which, when 29 fairly considered, is more convincing as to its truth than the 30 evidence in opposition. 31 (20) ‘Probable cause’ means facts and circumstances based 32 upon accurate and reliable information, including hearsay, that 33 would justify a reasonable person to believe that a child subject to 34 a report under this chapter is abused or neglected. 35 (21) ‘Protective services unit’ means the unit established within 36 the Department of Social Services which has prime responsibility 37 for state efforts to strengthen and improve the prevention, 38 identification, and treatment of child abuse and neglect. 39 (22) ‘Subject of the report’ means a person who is alleged or 40 determined to have abused or neglected the child, who is 41 mentioned by name in a report or finding. 42 (23) ‘Suspected report’ means all initial reports of child abuse or 43 neglect received pursuant to this chapter.

1 [4747] 44 1 (24) ‘Unfounded report’ means a report made pursuant to this 2 chapter for which there is not a preponderance of evidence to 3 believe that the child is abused or neglected. For the purposes of 4 this chapter, it is presumed that all reports are unfounded unless 5 the department determines otherwise. 6 7 Section 63-7-30. A person seeking assistance in meeting child 8 care responsibilities may use the services and facilities established 9 by this chapter, including the single statewide telephone number 10 and local child protective services where available. These persons 11 must be referred to appropriate community resources or agencies, 12 notwithstanding whether the problem presented involves child 13 abuse or neglect. 14 15 Section 63-7-40. (A) A safe haven in this State must, without a 16 court order, take temporary physical custody of an infant who is 17 voluntarily left with the safe haven by a person who does not 18 express an intent to return for the infant and the circumstances give 19 rise to a reasonable belief that the person does not intend to return 20 for the infant. If the safe haven is a hospital or hospital outpatient 21 facility, the hospital or hospital facility shall perform any act 22 necessary to protect the physical health or safety of the infant; any 23 other safe haven shall, as soon as possible, but no later than six 24 hours after receiving an infant, transport the infant to a hospital or 25 hospital outpatient facility. The person leaving the infant is not 26 required to disclose his or her identity; however, the person must 27 leave the infant in the physical custody of a staff member or 28 employee of the safe haven. 29 (B)(1) The safe haven must offer the person leaving the infant 30 information concerning the legal effect of leaving the infant with 31 the safe haven. 32 (2) The safe haven must ask the person leaving the infant to 33 identify any parent of the infant other than the person leaving the 34 infant with the safe haven. The safe haven also must attempt to 35 obtain from the person information concerning the infant’s 36 background and medical history as specified on a form provided 37 by the Department of Social Services. This information includes, 38 but is not limited to, information concerning the use of a controlled 39 substance by the infant’s mother, provided that information 40 regarding the use of a controlled substance by the infant’s mother 41 is not admissible as evidence of the unlawful use of a controlled 42 substance in any court proceeding. The safe haven shall give the 43 person a copy of the form and a prepaid envelope for mailing the

1 [4747] 45 1 form to the Department of Social Services if the person does not 2 wish to provide the information to the safe haven. These materials 3 must be provided to safe havens by the department. 4 (3) Any identifying information disclosed by the person 5 leaving the infant must be kept confidential by the safe haven and 6 disclosed to no one other than the department. However, if a court 7 determines that the immunity provisions of subsection (H) do not 8 apply, the safe haven may disclose the information as permitted by 9 confidentiality protections applicable to records of the safe haven, 10 if the safe haven has such confidentiality protections for records. 11 The department shall maintain confidentiality of this information 12 in accordance with Section 63-7-1990. 13 (C) Not later than the close of the first business day after the 14 date on which a hospital or hospital outpatient facility takes 15 possession of an infant pursuant to subsection (A), the hospital or 16 hospital outpatient facility shall notify the department that it has 17 taken temporary physical custody of the infant. The department 18 has legal custody of the infant immediately upon receipt of the 19 notice. The department shall assume physical control of the infant 20 as soon as practicable upon receipt of the notice, but no later than 21 twenty-four hours after receiving notice that the infant is ready for 22 discharge from the hospital or hospital outpatient facility. 23 Assumption of custody by the department pursuant to this 24 subsection does not constitute emergency protective custody, and 25 the provisions of Subarticle 3 of Article 3 do not apply. The 26 department is not required to initiate a child protective services 27 investigation solely because an infant comes into its custody under 28 this subsection. 29 (D) Immediately after receiving notice from a hospital or 30 hospital outpatient facility pursuant to subsection (C), the 31 department shall contact the South Carolina Law Enforcement 32 Division for assistance in assuring that the infant is not a missing 33 infant. The South Carolina Law Enforcement Division shall treat 34 the request as ongoing for a period of thirty days and shall contact 35 the department if a missing infant report is received that might 36 relate to the infant. 37 (E)(1) Within forty-eight hours after taking legal custody of the 38 infant, the department shall publish notice, in a newspaper of 39 general circulation in the area where the safe haven that initially 40 took the infant is located, and send a news release to broadcast and 41 print media in the area. The notice and the news release must state 42 the circumstances under which the infant was left at the safe 43 haven, a description of the infant, and the date, time, and place of

1 [4747] 46 1 the permanency planning hearing provided for in subsection (E) 2 (2). The notice and the news release must also state that any 3 person wishing to assert parental rights in regard to the infant must 4 do so at the hearing. If the person leaving the infant identified 5 anyone as being a parent of the infant, the notice must be sent by 6 certified mail to the last known address of the person identified as 7 a parent at least two weeks prior to the hearing. 8 (2) Within forty-eight hours after obtaining legal custody of 9 the infant, the department shall file a petition alleging that the 10 infant has been abandoned, that the court should dispense with 11 reasonable efforts to preserve or reunify the family, that 12 continuation of keeping the infant in the home of the parent or 13 parents would be contrary to the welfare of the infant, and that 14 termination of parental rights is in the best interest of the infant. A 15 hearing on the petition must be held no earlier than thirty and no 16 later than sixty days after the department takes legal custody of the 17 infant. This hearing is the permanency planning hearing for the 18 infant. If the court approves the permanent plan of termination of 19 parental rights, the order must also provide that a petition for 20 termination of parental rights on the grounds of abandonment must 21 be filed within ten days after receipt of the order by the 22 department. 23 (F) The act of leaving an infant with a safe haven pursuant to 24 this section is conclusive evidence that the infant has been abused 25 or neglected for purposes of Department of Social Services’ 26 jurisdiction and for evidentiary purposes in any judicial proceeding 27 in which abuse or neglect of an infant is an issue. It is also 28 conclusive evidence that the requirements for termination of 29 parental rights have been satisfied as to any parent who left the 30 infant or acted in concert with the person leaving the infant. 31 (G) A person who leaves an infant at a safe haven or directs 32 another person to do so must not be prosecuted for any criminal 33 offense on account of such action if: 34 (1) the person is a parent of the infant or is acting at the 35 direction of a parent; 36 (2) the person leaves the infant in the physical custody of a 37 staff member or an employee of the safe haven; and 38 (3) the infant is not more than thirty days old or the infant is 39 reasonably determined by the hospital or hospital outpatient 40 facility to be not more than thirty days old. 41 This subsection does not apply to prosecution for the infliction 42 of any harm upon the infant other than the harm inherent in 43 abandonment.

1 [4747] 47 1 (H) A safe haven and its agents, and any health care 2 professionals practicing within a hospital or hospital outpatient 3 facility, are immune from civil or criminal liability for any action 4 authorized by this section, so long as the safe haven, or health care 5 professional, complies with all provisions of this section. 6 (I) The department, either alone or in collaboration with any 7 other public entity, shall take appropriate measures to achieve 8 public awareness of the provisions of this section. 9 (J) For purposes of this section: 10 (1) ‘infant’ means a person not more than thirty days old; 11 and 12 (2) ‘safe haven’ means a hospital or hospital outpatient 13 facility, a law enforcement agency, a fire station, an emergency 14 medical services station, or any staffed house of worship during 15 hours when the facility is staffed. 16 (K) Annually the department shall submit a report to the 17 General Assembly containing data on infants who come into the 18 custody of the department pursuant to this section. The data must 19 include, but are not limited to, the date, time, and place where the 20 infant was left, the hospital to which the infant was taken, the 21 health of the infant at the time of being admitted to the hospital, 22 disposition and placement of the infant, and, if available, 23 circumstances surrounding the infant being left at the safe haven. 24 No data in the report may contain identifying information. 25 26 Article 3 27 28 Identification, Investigation, and Intervention 29 30 Subarticle 1 31 32 Identifying and Reporting 33 Child Abuse and Neglect 34 35 Section 63-7-310. (A) A physician, nurse, dentist, optometrist, 36 medical examiner, or coroner, or an employee of a county medical 37 examiner’s or coroner’s office, or any other medical, emergency 38 medical services, mental health, or allied health professional, 39 member of the clergy including a Christian Science Practitioner or 40 religious healer, school teacher, counselor, principal, assistant 41 principal, social or public assistance worker, substance abuse 42 treatment staff, or childcare worker in a childcare center or foster 43 care facility, police or law enforcement officer, undertaker, funeral

1 [4747] 48 1 home director or employee of a funeral home, persons responsible 2 for processing films, computer technician, or a judge must report 3 in accordance with this section when in the person’s professional 4 capacity the person has received information which gives the 5 person reason to believe that a child has been or may be abused or 6 neglected as defined in Section 63-7-20. 7 (B) If a person required to report pursuant to subsection (A) has 8 received information in the person’s professional capacity which 9 gives the person reason to believe that a child’s physical or mental 10 health or welfare has been or may be adversely affected by acts or 11 omissions that would be child abuse or neglect if committed by a 12 parent, guardian, or other person responsible for the child’s 13 welfare, but the reporter believes that the act or omission was 14 committed by a person other than the parent, guardian, or other 15 person responsible for the child’s welfare, the reporter must make 16 a report to the appropriate law enforcement agency. 17 (C) Except as provided in subsection (A), any person who has 18 reason to believe that a child’s physical or mental health or welfare 19 has been or may be adversely affected by abuse and neglect may 20 report in accordance with this section. 21 (D) Reports of child abuse or neglect may be made orally by 22 telephone or otherwise to the county department of social services 23 or to a law enforcement agency in the county where the child 24 resides or is found. 25 26 Section 63-7-320. (A) Where reports are made pursuant to 27 Section 63-7-310 to a law enforcement agency, the law 28 enforcement agency shall notify the county department of social 29 services of the law enforcement’s response to the report at the 30 earliest possible time. 31 (B) Where a county or contiguous counties have established 32 multicounty child protective services, the county department of 33 social services immediately shall transfer reports pursuant to this 34 section to the service. 35 36 Section 63-7-330. (A) The identity of the person making a 37 report pursuant to this section must be kept confidential by the 38 agency or department receiving the report and must not be 39 disclosed except as provided for in subsection (B) or (C) or as 40 otherwise provided for in this chapter. 41 (B) When the department refers a report to a law enforcement 42 agency for a criminal investigation, the department must inform 43 the law enforcement agency of the identity of the person who

1 [4747] 49 1 reported the child abuse or neglect. The identity of the reporter 2 must only be used by the law enforcement agency to further the 3 criminal investigation arising from the report, and the agency must 4 not disclose the reporter’s identity to any person other than an 5 employee of the agency who is involved in the criminal 6 investigation arising from the report. If the reporter testifies in a 7 criminal proceeding arising from the report, it must not be 8 disclosed that the reporter made the report. 9 (C) When a law enforcement agency refers a report to the 10 department for an investigation or other response, the law 11 enforcement agency must inform the department of the identity of 12 the person who reported the child abuse or neglect. The department 13 must not disclose the identity of the reporter to any person except 14 as authorized by Section 63-7-1990. 15 16 Section 63-7-340. When a report is referred to the department 17 for an investigation or other response, the department must 18 determine whether previous reports have been made regarding the 19 same child or the same subject of the report. In determining 20 whether previous reports have been made, the department must 21 determine whether there are any suspected, indicated, or 22 unfounded reports maintained pursuant to Section 63-7-930 23 regarding the same child or the same subject of the report. 24 25 Section 63-7-350. If the department does not conduct an 26 investigation as a result of information received pursuant to this 27 subarticle, the department must make a record of the information 28 and must classify the record as a Category IV unfounded report in 29 accordance with Section 63-7-930. The department and law 30 enforcement are authorized to use information recorded pursuant 31 to this section for purposes of assessing risk and safety if 32 additional contacts are made concerning the child, the family, or 33 the subject of the report. 34 35 Section 63-7-360. A person required under Section 63-7-310 to 36 report cases of suspected child abuse or neglect, including workers 37 of the department, who has reason to believe a child has died as the 38 result of child abuse or neglect, shall report this information to the 39 appropriate medical examiner or coroner. Any other person who 40 has reason to believe that a child has died as a result of child abuse 41 or neglect may report this information to the appropriate medical 42 examiner or coroner. The medical examiner or coroner shall 43 accept the report for investigation and shall report his findings to

1 [4747] 50 1 the appropriate law enforcement agency, circuit solicitor’s office, 2 the county department of social services and, if the institution 3 making a report is a hospital, to the hospital. 4 5 Section 63-7-370. The law enforcement officer upon receipt of 6 a report of domestic violence may report this information to the 7 Department of Social Services. The department may treat the case 8 as suspected report of abuse and may investigate the case as in 9 other allegations of abuse in order to determine if the child has 10 been harmed. 11 12 Section 63-7-380. A person required to report under Section 13 63-7-310 may take, or cause to be taken, color photographs of the 14 areas of trauma visible on a child who is the subject of a report 15 and, if medically indicated, a physician may cause to be performed 16 a radiological examination or other medical examinations or tests 17 of the child without the consent of the child’s parents or guardians. 18 Copies of all photographs, negatives, radiological, and other 19 medical reports must be sent to the department at the time a report 20 pursuant to Section 63-7-310 is made, or as soon as reasonably 21 possible after the report is made. 22 23 Section 63-7-390. A person required or permitted to report 24 pursuant to Section 63-7-310 or who participates in an 25 investigation or judicial proceedings resulting from the report, 26 acting in good faith, is immune from civil and criminal liability 27 which might otherwise result by reason of these actions. In all such 28 civil or criminal proceedings, good faith is rebuttably presumed. 29 Immunity under this section extends to full disclosure by the 30 person of facts which gave the person reason to believe that the 31 child’s physical or mental health or welfare had been or might be 32 adversely affected by abuse or neglect. 33 34 Section 63-7-400. An employee, volunteer, or official of the 35 Department of Social Services required or authorized to perform 36 child protective or child welfare-related functions or an individual 37 with whom the department has contracted to convene family group 38 conferences or a law enforcement officer required or authorized to 39 perform child protective or child welfare related functions is 40 immune from civil or criminal liability which might otherwise 41 result by reason of acts or omissions within the scope of the 42 official duties of the employee, volunteer, convener, officer, or 43 official, as long as the employee, volunteer, convener, officer, or

1 [4747] 51 1 official acted in good faith and was not reckless, wilful, wanton, or 2 grossly negligent. In all such civil or criminal proceedings good 3 faith is rebuttably presumed. This grant of immunity is cumulative 4 to and does not replace any other immunity provided under the 5 South Carolina Tort Claims Act. 6 7 Section 63-7-410. A person required to report a case of child 8 abuse or neglect or a person required to perform any other function 9 under this article who knowingly fails to do so, or a person who 10 threatens or attempts to intimidate a witness is guilty of a 11 misdemeanor and, upon conviction, must be fined not more than 12 five hundred dollars or imprisoned not more than six months, or 13 both. 14 15 Section 63-7-420. The privileged quality of communication 16 between husband and wife and any professional person and his 17 patient or client, except that between attorney and client or clergy 18 member, including Christian Science Practitioner or religious 19 healer, and penitent, is abrogated and does not constitute grounds 20 for failure to report or the exclusion of evidence in a civil 21 protective proceeding resulting from a report pursuant to this 22 article. However, a clergy member, including Christian Science 23 Practitioner or religious healer, must report in accordance with this 24 subarticle except when information is received from the alleged 25 perpetrator of the abuse and neglect during a communication that 26 is protected by the clergy and penitent privilege as provided for in 27 Section 19-11-90. 28 29 Section 63-7-430. (A) If the family court determines pursuant 30 to Section 63-7-2000 that a person has made a report of suspected 31 child abuse or neglect maliciously or in bad faith or if a person has 32 been found guilty of making a false report pursuant to Section 33 63-7-440, the department may bring a civil action to recover the 34 costs of the department’s investigation and proceedings associated 35 with the investigation, including attorney’s fees. The department 36 also is entitled to recover costs and attorney’s fees incurred in the 37 civil action authorized by this section. The decision of whether to 38 bring a civil action pursuant to this section is in the sole discretion 39 of the department. 40 (B) If the family court determines pursuant to Section 41 63-7-2000 that a person has made a false report of suspected child 42 abuse or neglect maliciously or in bad faith or if a person has been 43 found guilty of making a false report pursuant to Section 63-7-440,

1 [4747] 52 1 a person who was subject of the false report has a civil cause of 2 action against the person who made the false report and is entitled 3 to recover from the person who made the false report such relief as 4 may be appropriate, including: 5 (1) actual damages; 6 (2) punitive damages; and 7 (3) a reasonable attorney’s fee and other litigation costs 8 reasonably incurred. 9 10 Section 63-7-440. (A) It is unlawful to knowingly make a false 11 report of abuse or neglect. 12 (B) A person who violates subsection (A) is guilty of a 13 misdemeanor and, upon conviction, must be fined not more than 14 five thousand dollars or imprisoned not more than ninety days, or 15 both. 16 17 Section 63-7-450. (A) The Department of Social Services 18 Protective Services shall inform all persons required to report 19 under this subarticle of the nature, problem, and extent of child 20 abuse and neglect and of their duties and responsibilities in 21 accordance with this article. The department also, on a continuing 22 basis, shall conduct training programs for department staff and 23 appropriate training for persons required to report under this 24 subarticle. 25 (B) The department, on a continuing basis, shall inform the 26 public of the nature, problem, and extent of the child abuse and 27 neglect and of the remedial and therapeutic services available to 28 children and their families. The department shall encourage 29 families to seek help consistent with Section 63-7-30. 30 (C) The department, on a continuing basis, shall actively 31 publicize the appropriate telephone numbers to receive reports of 32 suspected child abuse and neglect, including the twenty-four hour, 33 statewide, toll-free telephone service and respective numbers of 34 the county department offices. 35 36 Subarticle 3 37 38 Emergency Protective Custody 39 40 Section 63-7-610. (A) A law enforcement officer investigating 41 a case of suspected child abuse or neglect or responding to a 42 request for assistance by the department as it investigates a case of 43 suspected child abuse or neglect has authority to take emergency

1 [4747] 53 1 protective custody of the child pursuant to this subarticle in all 2 counties and municipalities. 3 (B) Immediately upon taking emergency protective custody, 4 the law enforcement officer shall notify the local office of the 5 department responsible to the county in which the activity under 6 investigation occurred. 7 (C) The department shall designate by policy and procedure the 8 local department office responsible for procedures required by this 9 subarticle when a child resides in a county other than the one in 10 which the activity under investigation occurred. The probable 11 cause hearing required by Section 63-7-710 may be held in the 12 county of the child’s residence or the county of the law 13 enforcement officer’s jurisdiction. 14 15 Section 63-7-620. (A) A law enforcement officer may take 16 emergency protective custody of a child without the consent of the 17 child’s parents, guardians, or others exercising temporary or 18 permanent control over the child if: 19 (1) the officer has probable cause to believe that by reason 20 of abuse or neglect the child’s life, health, or physical safety is in 21 substantial and imminent danger if the child is not taken into 22 emergency protective custody, and there is not time to apply for a 23 court order pursuant to Section 63-7-1660. When a child is taken 24 into emergency protective custody following an incident of 25 excessive corporal punishment, and the only injury to the child is 26 external lesions or minor bruises, other children in the home shall 27 not be taken into emergency protective custody solely on account 28 of the injury of one child through excessive corporal punishment. 29 However, the officer may take emergency protective custody of 30 other children in the home if a threat of harm to them is further 31 indicated by factors including, but not limited to, a prior history of 32 domestic violence or other abuse in the home, alcohol or drug 33 abuse if known or evident at the time of the initial contact, or other 34 circumstances indicative of danger to the children; 35 (2) the child’s parent, parents, or guardian has been arrested 36 or the child has become lost accidentally and as a result the child’s 37 welfare is threatened due to loss of adult protection and 38 supervision; and 39 (a) in the circumstances of arrest, the parent, parents, or 40 guardian does not consent in writing to another person assuming 41 physical custody of the child; 42 (b) in the circumstances of a lost child, a search by law 43 enforcement has not located the parent, parents, or guardian.

1 [4747] 54 1 (B)(1) If the child is in need of emergency medical care at the 2 time the child is taken into emergency protective custody, the 3 officer shall transport the child to an appropriate health care 4 facility. Emergency medical care may be provided to the child 5 without consent, as provided in Section 63-5-350. The parent or 6 guardian is responsible for the cost of emergency medical care that 7 is provided to the child. However, the parent or guardian is not 8 responsible for the cost of medical examinations performed at the 9 request of law enforcement or the department solely for the 10 purpose of assessing whether the child has been abused or 11 neglected unless it is determined that the child has been harmed as 12 defined in this chapter. 13 (2) If the child is not in need of emergency medical care, the 14 officer or the department shall transport the child to a place agreed 15 upon by the department and law enforcement, and the department 16 within two hours shall assume physical control of the child and 17 shall place the child in a licensed foster home or shelter within a 18 reasonable period of time. In no case may the child be placed in a 19 jail or other secure facility or a facility for the detention of criminal 20 or juvenile offenders. While the child is in its custody, the 21 department shall provide for the needs of the child and assure that 22 a child of school age who is physically able to do so continues 23 attending school. 24 25 Section 63-7-630. When an officer takes a child into 26 emergency protective custody under this subarticle, the officer 27 immediately shall notify the department. The department shall 28 notify the parent, guardian, or other person exercising temporary 29 or permanent control over the child as early as reasonably possible 30 of the location of the child unless there are compelling reasons for 31 believing that disclosure of this information would be contrary to 32 the best interests of the child. 33 34 Section 63-7-640. The department shall conduct within 35 twenty-four hours after the child is taken into emergency 36 protective custody by law enforcement or pursuant to ex parte 37 order a preliminary investigation to determine whether grounds for 38 assuming legal custody of the child exist and whether reasonable 39 means exist for avoiding removal of the child from the home of the 40 parent or guardian or for placement of the child with a relative and 41 means for minimizing the emotional impact on the child of 42 separation from the child’s home and family. During this time the 43 department, if possible, shall convene, a meeting with the child’s

1 [4747] 55 1 parents or guardian, extended family, and other relevant persons to 2 discuss the family’s problems that led to intervention and possible 3 corrective actions, including placement of the child. 4 5 Section 63-7-650. Before agreeing to or acquiescing in a 6 corrective action that involves placement of the child with a 7 relative or other person or making an interim placement with a 8 relative while retaining custody of the child or as soon as possible 9 after agreeing to or acquiescing in a corrective action, the 10 department shall secure from the relative or other person and other 11 adults in the home an affidavit attesting to information necessary 12 to determine whether a criminal history or history of child abuse or 13 neglect exists and whether this history indicates there is a 14 significant risk that the child would be threatened with abuse or 15 neglect in the home of the relative or other person. As soon as 16 possible, the department shall confirm the information supplied in 17 the affidavit by checking the Central Registry of Child Abuse and 18 Neglect, other relevant department records, county sex offender 19 registries, and records for the preceding five years of law 20 enforcement agencies in the jurisdiction in which the relative or 21 other person resides and, to the extent reasonably possible, 22 jurisdictions in which the relative or other person has resided 23 during that period. The department must not agree to or acquiesce 24 in a placement if the affidavit or these records reveal information 25 indicating there is a significant risk that the child would be 26 threatened with abuse or neglect in the home of the relative or 27 other person. The relative or other person must consent to a check 28 of the above records by the department. 29 30 Section 63-7-660. If the department determines after the 31 preliminary investigation that there is probable cause to believe 32 that by reason of abuse or neglect the child’s life, health, or 33 physical safety is in imminent and substantial danger, the 34 department may assume legal custody of the child without the 35 consent of the child’s parent, guardian, or custodian. The 36 department shall make every reasonable effort to notify the child’s 37 parent, guardian, or custodian of the location of the child and shall 38 make arrangements for temporary visitation unless there are 39 compelling reasons why visitation or notice of the location of the 40 child would be contrary to the best interests of the child. The 41 notification must be in writing and shall include notice of the right 42 to a hearing and right to counsel pursuant to this article. Nothing 43 in this section authorizes the department to physically remove a

1 [4747] 56 1 child from the care of the child’s parent or guardian without an 2 order of the court. The department may exercise the authority to 3 assume legal custody only after a law enforcement officer has 4 taken emergency protective custody of the child or the family court 5 has granted emergency protective custody by ex parte order, and 6 the department has conducted a preliminary investigation pursuant 7 to Section 63-7-640. 8 9 Section 63-7-670. If emergency protective custody of the child 10 was taken by a law enforcement officer pursuant to this subarticle, 11 and the department concludes after the preliminary investigation 12 that the child should be returned to the child’s parent, guardian, or 13 custodian, the department shall consult with the law enforcement 14 officer who took emergency protective custody unless the 15 department and the law enforcement agency have agreed to an 16 alternative procedure. If the officer objects to the return of the 17 child, the department must assume legal custody of the child until 18 a probable cause hearing can be held. The alternative procedure 19 agreed to by the department and the law enforcement agency may 20 provide that the child must be retained in custody if the officer 21 cannot be contacted, conditions under which the child may be 22 returned home if the officer cannot be contacted, other persons 23 within the law enforcement agency who are to be consulted instead 24 of the officer, or other procedures. If no alternative procedure has 25 been agreed to and the department is unable to contact the law 26 enforcement officer after reasonable efforts to do so, the 27 department shall consult with the officer’s designee or the officer’s 28 agency. 29 30 Section 63-7-680. The period of emergency protective custody 31 may be extended for up to twenty-four additional hours if: 32 (1) the department concludes that the child is to be placed 33 with a relative or other person instead of taking legal custody of 34 the child; 35 (2) the department requests the appropriate law enforcement 36 agency to check for records concerning the relative or other 37 person, or any adults in that person’s home; and 38 (3) the law enforcement agency notifies the department that 39 the extension is needed to enable the law enforcement agency to 40 complete its record check before the department’s decision on 41 whether to take legal custody of the child. 42

1 [4747] 57 1 Section 63-7-690. (A) If within the twenty-four hours 2 following removal of the child: 3 (1) the department has identified a specified relative or other 4 person with whom it has determined that the child is to be placed 5 instead of the department’s taking legal custody of the child; and 6 (2) both the relative or other person with whom the child is 7 to be placed and the child’s parent or guardian have agreed to the 8 placement, the department may retain physical custody of the child 9 for no more than five additional days if necessary to enable the 10 relative or other person to make travel or other arrangements 11 incident to the placement. 12 (B) A probable cause hearing pursuant to Section 63-7-710 13 shall not be held unless the placement fails to occur as planned 14 within the five-day period or the child’s parent or guardian makes 15 a written request for a hearing to the department. The department 16 must give the child’s parent or guardian written notice of the right 17 to request a probable cause hearing to obtain a judicial 18 determination of whether removal of the child from the home was 19 and remains necessary. Upon receipt of a written request for a 20 hearing from the child’s parent or guardian, the department shall 21 schedule a hearing for the next date on which the family court is 22 scheduled to hear probable cause hearings. 23 (C) If the placement does not occur as planned within the 24 five-day period, the department immediately must determine 25 whether to assume legal custody of the child and file a petition as 26 provided in Section 63-7-700(B). The department shall assure that 27 the child is given age-appropriate information about the plans for 28 placement and any subsequent changes in those plans at the 29 earliest feasible time. 30 31 Section 63-7-700. (A) If a law enforcement officer clearly 32 states to the department at the time the officer delivers physical 33 control of the child to the department that the child is not to be 34 returned to the home or placed with a relative before a probable 35 cause hearing regardless of the outcome of a preliminary 36 investigation, the department immediately must take legal custody 37 of the child. In this case, at a minimum, the department shall 38 conduct a preliminary investigation as provided in Section 39 63-7-640 within seventy-two hours after the child was taken into 40 emergency protective custody and shall make recommendations 41 concerning return of the child to the home or placement with a 42 relative or other person to the family court at the probable cause 43 hearing or take other appropriate action as provided in this chapter.

1 [4747] 58 1 (B)(1) The department, upon assuming legal custody of the 2 child, shall begin a child protective investigation, including 3 immediate attention to the protection of other children in the home, 4 or other setting where the child was found. The department shall 5 initiate a removal proceeding in the appropriate family court 6 pursuant to Section 63-7-1660 on or before the next working day 7 after initiating the investigation. If a noncustodial parent is not 8 named as a party, the department shall exercise every reasonable 9 effort to promptly notify the noncustodial parent that a removal 10 proceeding has been initiated and of the date and time of any 11 hearings scheduled pursuant to this subarticle. 12 (2) Upon a determination by the department before the 13 probable cause hearing that there is not a preponderance of 14 evidence that child abuse or neglect occurred, the department may 15 place physical custody of the child with the parent, parents, 16 guardian, immediate family member, or relative, with the 17 department retaining legal custody pending the probable cause 18 hearing. 19 (3) When the facts and circumstances of the report clearly 20 indicate that no abuse or neglect occurred, the report promptly 21 must be determined to be unfounded, and the department shall 22 exercise reasonable efforts to expedite the placement of the child 23 with the parent, parents, guardian, immediate family member, or 24 relative. 25 (C) If the child is returned to the child’s parent, guardian, or 26 custodian following the preliminary investigation, a probable cause 27 hearing must be held if requested by the child’s parent, guardian, 28 or custodian or the department or the law enforcement agency that 29 took emergency protective custody of the child. The request must 30 be made in writing to the court within ten days after the child is 31 returned. A probable cause hearing pursuant to Section 63-7-710 32 must be scheduled within seven days of the request to determine 33 whether there was probable cause to take emergency physical 34 custody of the child. 35 36 Section 63-7-710. (A) The family court shall schedule a 37 probable cause hearing to be held within seventy-two hours of the 38 time the child was taken into emergency protective custody. If the 39 third day falls upon a Saturday, Sunday, or holiday, the probable 40 cause hearing must be held no later than the next working day. If 41 there is no term of court in the county when the probable cause 42 hearing must be held, the hearing must be held in another county 43 in the circuit. If there is no term of family court in another county

1 [4747] 59 1 in the circuit, the probable cause hearing may be heard in another 2 court in an adjoining circuit. 3 (B)The probable cause hearing may be conducted by video 4 conference at the discretion of the judge. 5 (C) At the probable cause hearing, the family court shall 6 undertake to fulfill the requirements of Section 63-7-1620 and 7 shall determine whether there was probable cause for taking 8 emergency protective custody and for the department to assume 9 legal custody of the child and shall determine whether probable 10 cause to retain legal custody of the child remains at the time of the 11 hearing. 12 (D) At the probable cause hearing, the respondents may submit 13 affidavits as to facts which are alleged to form the basis of the 14 removal and to cross-examine the department’s witnesses as to 15 whether there existed probable cause to effect emergency removal. 16 (E) The hearing on the merits to determine whether removal of 17 custody is needed, pursuant to Section 63-7-1660, must be held 18 within thirty-five days of the date of receipt of the removal 19 petition. At the probable cause hearing, the court shall set the time 20 and date for the hearing on the merits. A party may request a 21 continuance that would result in the hearing being held more than 22 thirty-five days after the petition was filed, and the court may grant 23 the request for continuance only if exceptional circumstances exist. 24 If a continuance is granted, the hearing on the merits must be 25 completed within sixty-five days following receipt of the removal 26 petition. The court may continue the hearing on the merits beyond 27 sixty-five days without returning the child to the home only if the 28 court issues a written order with findings of fact supporting a 29 determination that the following conditions are satisfied, regardless 30 of whether the parties have agreed to a continuance: 31 (1) the court finds that the child should remain in the 32 custody of the department because there is probable cause to 33 believe that returning the child to the home would seriously 34 endanger the child’s physical safety or emotional well-being; 35 (2) the court schedules the case for trial on a date and time 36 certain which is not more than thirty days after the date the hearing 37 was scheduled to be held; and 38 (3) the court finds that exceptional circumstances support the 39 continuance or the parties and the guardian ad litem agree to a 40 continuance. 41 (F) The court may continue the case past the date and time 42 certain set forth in subsection (E) only if the court issues a new 43 order as required in subsection (E).

1 [4747] 60 1 (G) The court may continue the case because a witness is 2 unavailable only if the court enters a finding of fact that the court 3 cannot decide the case without the testimony of the witness. The 4 court shall consider and rule on whether the hearing can begin and 5 then recess to have the witness’ testimony taken at a later date or 6 by deposition. The court shall rule on whether the party offering 7 the witness has exercised due diligence to secure the presence of 8 the witness or to preserve the witness’ testimony. 9 (H) This section does not prevent the court from conducting a 10 pendente lite hearing on motion of any party and issuing an order 11 granting other appropriate relief pending a hearing on the merits. 12 (I) If the child is returned to the home pending the merits 13 hearing, the court may impose such terms and conditions as it 14 determines appropriate to protect the child from harm, including 15 measures to protect the child as a witness. 16 (J) When a continuance is granted pursuant to this section, the 17 family court shall ensure that the hearing is rescheduled within the 18 time limits provided in this section and give the hearing priority 19 over other matters pending before the court except a probable 20 cause hearing held pursuant to this section, a detention hearing 21 held pursuant to Section 63-19-830, or a hearing held pursuant to 22 Section 63-19-1030 or 63-19-1210 concerning a child who is in 23 state custody pursuant to Chapter 19. An exception also may be 24 made for child custody hearings if the court, in its discretion, 25 makes a written finding stating compelling reasons, relating to the 26 welfare of the child, for giving priority to the custody hearing. 27 28 Section 63-7-720. (A) An order issued as a result of the 29 probable cause hearing held pursuant to Section 63-7-710 30 concerning a child of whom the department has assumed legal 31 custody shall contain a finding by the court of whether reasonable 32 efforts were made by the department to prevent removal of the 33 child and a finding of whether continuation of the child in the 34 home would be contrary to the welfare of the child. The order shall 35 state: 36 (1) the services made available to the family before the 37 department assumed legal custody of the child and how they 38 related to the needs of the family; 39 (2) the efforts of the department to provide services to the 40 family before assuming legal custody of the child; 41 (3) why the efforts to provide services did not eliminate the 42 need for the department to assume legal custody;

1 [4747] 61 1 (4) whether a meeting was convened as provided in Section 2 63-7-640, the persons present, and the outcome of the meeting or, 3 if no meeting was held, the reason for not holding a meeting; 4 (5) what efforts were made to place the child with a relative 5 known to the child or in another familiar environment; 6 (6) whether the efforts to eliminate the need for the 7 department to assume legal custody were reasonable including, but 8 not limited to, whether services were reasonably available and 9 timely, reasonably adequate to address the needs of the family, 10 reasonably adequate to protect the child and realistic under the 11 circumstances, and whether efforts to place the child in a familiar 12 environment were reasonable. 13 (B) If the court finds that reasonable services would not have 14 allowed the child to remain safely in the home, the court shall find 15 that removal of the child without services or without further 16 services was reasonable. 17 18 Section 63-7-730. If the court orders the child to remain in the 19 legal custody of the department at the probable cause hearing, the 20 family court may order expedited placement of the child with a 21 relative of the first or second degree. The court shall require the 22 department to check the names of all adults in the home against the 23 Central Registry of Child Abuse and Neglect, other relevant 24 records of the department, county sex abuse registers, and records 25 for the preceding five years of law enforcement agencies in the 26 jurisdiction in which the person resides and, to the extent 27 reasonably possible, jurisdictions in which the person has resided 28 during that period. The court may hold open the record of the 29 probable cause hearing for twenty-four hours to receive the reports 30 and based on these reports and other information introduced at the 31 probable cause hearing, the court may order expedited placement 32 of the child in the home of the relative. Nothing in this section 33 precludes the department from requesting or the court from 34 ordering pursuant to the department’s request either a full study of 35 the relative’s home before placement or the licensing or approval 36 of the relative’s home before placement. 37 38 Section 63-7-740. (A) The family court may order ex parte 39 that a child be taken into emergency protective custody without the 40 consent of parents, guardians, or others exercising temporary or 41 permanent control over the child if: 42 (1) the family court judge determines there is probable cause 43 to believe that by reason of abuse or neglect there exists an

1 [4747] 62 1 imminent and substantial danger to the child’s life, health, or 2 physical safety; and 3 (2) parents, guardians, or others exercising temporary or 4 permanent control over the child are unavailable or do not consent 5 to the child’s removal from their custody. 6 (B) If the court issues such an order, the department shall 7 conduct a preliminary investigation and otherwise proceed as 8 provided in this subarticle. 9 10 Section 63-7-750. (A) A physician or hospital to which a child 11 has been brought for treatment may detain the child for up to 12 twenty-four hours without the consent of the person responsible 13 for the child’s welfare if the physician or hospital: 14 (1) has reason to believe that the child has been abused or 15 neglected; 16 (2) has made a report to a law enforcement agency and the 17 department pursuant to Section 63-7-310, stating the time the 18 physician notified the agency or department that the child was 19 being detained until a law enforcement officer could arrive to 20 determine whether the officer should take emergency physical 21 custody of the child pursuant to Subarticle 3; and 22 (3) has reason to believe that release of the child to the 23 child’s parent, guardian, custodian, or caretaker presents an 24 imminent danger to the child’s life, health, or physical safety. A 25 hospital must designate a qualified person or persons within the 26 hospital who shall have sole authority to detain a child on behalf of 27 the hospital. 28 (B) A physician or hospital that detains a child in good faith as 29 provided in this section is immune from civil or criminal liability 30 for detaining the child. 31 32 Section 63-7-760. The department and local law enforcement 33 agencies shall develop written protocols to address issues related 34 to emergency protective custody. The protocols shall cover at a 35 minimum information exchange between the department and local 36 law enforcement agencies, consultation on decisions to assume 37 legal custody, and the transfer of responsibility over the child, 38 including mechanisms and assurances for the department to 39 arrange expeditious placement of the child. 40 41 Subarticle 5 42 43 Intake and Investigation Duties

1 [4747] 63 1 of the Department of Social Services 2 3 Section 63-7-900. (A) It is the purpose of this subarticle to 4 encourage the voluntary acceptance of any service offered by the 5 department in connection with child abuse and neglect or another 6 problem of a nature affecting the stability of family life. 7 (B) The department must be staffed adequately with persons 8 trained in the investigation of suspected child abuse and neglect 9 and in the provision of services to abused and neglected children 10 and their families. 11 (C) The department actively must seek the cooperation and 12 involvement of local public and private institutions, groups, and 13 programs concerned with matters of child protection and welfare 14 within the area it serves. 15 (D) In all instances, the agency must act in accordance with the 16 policies, procedures, and regulations promulgated and distributed 17 by the State Department of Social Services pursuant to this 18 chapter. 19 20 Section 63-7-910. (A)(1) The Department of Social Services 21 may maintain a toll-free number available to persons throughout 22 the State for the referral of family-related problems, including: 23 (a) the reporting of known or suspected cases of child 24 abuse or neglect; . 25 (b) other problems of a nature which may affect the 26 stability of family life. 27 (2) This telephone service shall operate continuously. Upon 28 receipt of a call involving suspected abuse or neglect, the 29 Department of Social Services shall transmit the full contents of 30 the report to the appropriate county department office. 31 Immediately upon transmitting the report the department shall 32 destroy the contents of the suspected report. Upon receipt of a call 33 involving other problems of a nature which may affect the stability 34 of family life, the department shall refer the call to the appropriate 35 county department office or other service agency where 36 appropriate. 37 (B) The department shall have within it a separate 38 organizational unit administered within the department with 39 qualified staff and resources sufficient to fulfill the purposes and 40 functions assigned to it by this article. 41 (C) The department’s responsibilities shall include, but are not 42 limited to:

1 [4747] 64 1 (1) assigning and monitoring initial child protection 2 responsibility through periodic review of services offered 3 throughout the State; 4 (2) assisting in the diagnosis of child abuse and neglect; 5 (3) coordinating referrals of known or suspected child abuse 6 and neglect; 7 (4) measuring the effectiveness of existing child protection 8 programs and facilitating research, planning, and program 9 development; and 10 (5) establishing and monitoring a statewide Central Registry 11 for Child Abuse and Neglect. 12 (D) The department may contract for the delivery of 13 protective services, family preservation services, foster care 14 services, family reunification services, adoptions services, and 15 other related services or programs. The department shall remain 16 responsible for the quality of the services or programs and shall 17 ensure that each contract contains provisions requiring the provider 18 to deliver services in accordance with departmental policies and 19 state and federal law. 20 (E) The department may promulgate regulations and formulate 21 policies and methods of administration to carry out effectively 22 child protective services, activities, and responsibilities. 23 24 Section 63-7-920. (A)(1) Within twenty-four hours of the 25 receipt of a report of suspected child abuse or neglect or within 26 twenty-four hours after the department has assumed legal custody 27 of a child pursuant to Section 63-7-660 or 63-7-670 or within 28 twenty-four hours after being notified that a child has been taken 29 into emergency protective custody, the department must begin an 30 appropriate and thorough investigation to determine whether a 31 report of suspected child abuse or neglect is ‘indicated’ or 32 ‘unfounded’. 33 (2) The finding must be made no later than forty-five days 34 from the receipt of the report. A single extension of no more than 35 fifteen days may be granted by the director of the department, or 36 the director’s designee, for good cause shown, pursuant to 37 guidelines adopted by the department. 38 (3) If the investigation cannot be completed because the 39 department is unable to locate the child or family or for other 40 compelling reasons, the report may be classified as unfounded 41 Category III and the investigation may be reopened at a later date 42 if the child or family is located or the compelling reason for failure 43 to complete the investigation is removed. The department must

1 [4747] 65 1 make a finding within forty-five days after the investigation is 2 reopened. 3 (B) The department may file with the family court an affidavit 4 and a petition to support issuance of a warrant at any time after 5 receipt of a report. The family court must issue the warrant if the 6 affidavit and petition establish probable cause to believe the child 7 is an abused or neglected child and that the investigation cannot be 8 completed without issuance of the warrant. The warrant may 9 authorize the department to interview the child, to inspect the 10 condition of the child, to inspect the premises where the child may 11 be located or may reside, and to obtain copies of medical, school, 12 or other records concerning the child. 13 (C) The department or law enforcement, or both, may interview 14 the child alleged to have been abused or neglected and any other 15 child in the household during the investigation. The interviews 16 may be conducted on school premises, at childcare facilities, at the 17 child’s home or at other suitable locations and in the discretion of 18 the department or law enforcement, or both, may be conducted 19 outside the presence of the parents. To the extent reasonably 20 possible, the needs and interests of the child must be 21 accommodated in making arrangements for interviews, including 22 time, place, method of obtaining the child’s presence, and conduct 23 of the interview. The department or law enforcement, or both, shall 24 provide notification of the interview to the parents as soon as 25 reasonably possible during the investigation if notice will not 26 jeopardize the safety of the child or the course of the investigation. 27 All state, law enforcement, and community agencies providing 28 child welfare intervention into a child’s life should coordinate their 29 services to minimize the number of interviews of the child to 30 reduce potential emotional trauma to the child. 31 (D) The department must furnish to parents or guardians on a 32 standardized form the following information as soon as reasonably 33 possible after commencing the investigation: 34 (1) the names of the investigators; 35 (2) the allegations being investigated; 36 (3) whether the person’s name has been recorded by the 37 department as a suspected perpetrator of abuse or neglect; 38 (4) the right to inspect department records concerning the 39 investigation; 40 (5) statutory and family court remedies available to complete 41 the investigation and to protect the child if the parent or guardian 42 or subject of the report indicates a refusal to cooperate;

1 [4747] 66 1 (6) how information provided by the parent or guardian may 2 be used; 3 (7) the possible outcomes of the investigation; and 4 (8) the telephone number and name of a department 5 employee available to answer questions. 6 (E) This subarticle does not require the department to 7 investigate reports of child abuse or neglect which resulted in the 8 death of the child unless there are other children residing in the 9 home, or a resident of the home is pregnant, or the subject of the 10 report is the parent, guardian, or person responsible for the welfare 11 of another child regardless of whether that child resides in the 12 home. 13 14 Section 63-7-930. (A) Reports of child abuse and neglect must 15 be classified in the department’s data system and records in one of 16 three categories: Suspected, Unfounded, or Indicated. If the report 17 is categorized as unfounded, the entry must further state the 18 classification of unfounded reports as set forth in subsection (C). 19 All initial reports must be considered suspected. Reports must be 20 maintained in the category of suspected for no more than sixty 21 days after the report was received by the department. By the end of 22 the sixty-day time period, suspected reports must be classified as 23 either unfounded or indicated pursuant to the agency’s 24 investigation. 25 (B)(1) Indicated findings must be based upon a finding of the 26 facts available to the department that there is a preponderance of 27 evidence that the child is an abused or neglected child. Indicated 28 findings must include a description of the services being provided 29 the child and those responsible for the child’s welfare and all 30 relevant dispositional information. 31 (2) If the family court makes a determination or the process 32 described in Subarticle 9 results in a determination that the 33 indicated finding is not supported by a preponderance of evidence 34 that there was any act of child abuse or neglect, the case 35 classification must be converted to unfounded and Section 36 63-7-940 applies. 37 (3) If the family court makes a specific determination, or the 38 process described in Subarticle 9 results in a determination that 39 there is not a preponderance of evidence that the person who was 40 the subject of the report committed an act of child abuse or 41 neglect, but that the child was abused or neglected by an unknown 42 person, the department must maintain the case as an indicated case 43 and access to records of the case may be granted as provided in

1 [4747] 67 1 Section 63-7-1990. The department shall not delete from its data 2 system or records information indicating that the person was the 3 subject of the report. The department’s data system and records 4 must clearly record the results of the court or administrative 5 proceeding. If the case record and data system included a 6 designation with the name of the subject of the report indicating 7 that the person committed the abuse or neglect, that designation 8 must be removed following the determination that there is not a 9 preponderance of evidence that the subject of the report committed 10 an act of child abuse or neglect. 11 (C) All reports that are not indicated at the conclusion of the 12 investigation and all records of information for which an 13 investigation was not conducted pursuant to Section 63-7-350 must 14 be classified as unfounded. Unfounded reports must be further 15 classified as Category I, Category II, Category III, or Category IV. 16 (1) Category I unfounded reports are those in which abuse 17 and neglect were ruled out following the investigation. A report 18 falls in this category if evidence of abuse or neglect as defined in 19 this chapter was not found regardless of whether the family had 20 other problems or was in need of services. 21 (2) Category II unfounded reports are those in which the 22 investigation did not produce a preponderance of evidence that the 23 child is an abused or neglected child. 24 (3) Category III unfounded reports are those in which an 25 investigation could not be completed because the department was 26 unable to locate the child or family or for some other compelling 27 reason. 28 (4) Category IV unfounded reports are records of 29 information received pursuant to Section 63-7-350, but which were 30 not investigated by the department. 31 32 Section 63-7-940. (A) Information concerning reports 33 classified as unfounded contained in the statewide data system and 34 records must be maintained for not less than five years after the 35 finding. Information contained in unfounded cases is not subject to 36 disclosure under the Freedom of Information Act as provided for 37 in Chapter 4, Title 30. Access to and use of information contained 38 in unfounded cases must be strictly limited to the following 39 purposes and entities: 40 (1) a prosecutor or law enforcement officer or agency, for 41 purposes of investigation of a suspected false report pursuant to 42 Section 63-7-440;

1 [4747] 68 1 (2) the department or a law enforcement officer or agency, 2 for the purpose investigating allegations of abuse or neglect; 3 (3) the department or a law enforcement officer or agency, 4 when information is received that allows the reopening of a 5 Category III unfounded report pursuant to Section 63-7-920(A) 6 (4) as evidence in a court proceeding, if admissible under the 7 rules of evidence as determined by a judge of competent 8 jurisdiction; 9 (5) a person who is the subject of a report in an action 10 brought by a prosecutor or by the department, if otherwise subject 11 to discovery under the applicable rules of procedure; 12 (6) the department, for program improvement, auditing, and 13 statistical purposes; 14 (7) as authorized in Section 63-7-2000; and 15 (8) the Department of Child Fatalities pursuant to Section 16 63-11-1960. 17 (B) Except as authorized in this section, no person may 18 disseminate or permit dissemination of information maintained 19 pursuant to subsection (A). A person who disseminates or permits 20 dissemination in violation of this subsection is guilty of a 21 misdemeanor and, upon conviction, must be fined not more than 22 one thousand five hundred dollars or imprisoned not more than one 23 year, or both. A person aggrieved by an unlawful dissemination in 24 violation of this subsection may bring a civil action to recover 25 damages incurred as a result of the unlawful act and to enjoin its 26 dissemination or use. 27 28 Section 63-7-950. (A) Upon receipt of a report that a parent or 29 other person responsible for the welfare of a child will not consent 30 to health care needed by the child, the department shall investigate 31 pursuant to Section 63-7-920. Upon a determination by a 32 preponderance of evidence that adequate health care was withheld 33 for religious reasons or other reasons reflecting an exercise of 34 judgment by the parent or guardian as to the best interest of the 35 child, the department may enter a finding that the child is in need 36 of medical care and that the parent or other person responsible 37 does not consent to medical care for religious reasons or other 38 reasons reflecting an exercise of judgment as to the best interests 39 of the child. The department may not enter a finding by a 40 preponderance of evidence that the parent or other person 41 responsible for the child has abused or neglected the child because 42 of the withholding of medical treatment for religious reasons or for 43 other reasons reflecting an exercise of judgment as to the best

1 [4747] 69 1 interests of the child. However, the department may petition the 2 family court for an order finding that medical care is necessary to 3 prevent death or permanent harm to the child. Upon a 4 determination that a preponderance of evidence shows that the 5 child might die or suffer permanent harm, the court may issue its 6 order authorizing medical treatment without the consent of the 7 parent or other person responsible for the welfare of the child. The 8 department may move for emergency relief pursuant to family 9 court rules when necessary for the health of the child. 10 (B) Proceedings brought under this section must be considered 11 child abuse and neglect proceedings only for purposes of 12 appointment of representation pursuant to Section 63-7-1620. 13 (C) This section does not authorize intervention if the child is 14 under the care of a physician licensed under Chapter 47, Title 40, 15 who supports the decision of the parent or guardian as a matter of 16 reasonable medical judgment. 17 18 Section 63-7-960. The department is charged with providing, 19 directing, or coordinating the appropriate and timely delivery of 20 services to children found to be abused or neglected and those 21 responsible for their welfare or others exercising temporary or 22 permanent control over these children. Services must not be 23 construed to include emergency protective custody provided for in 24 Subarticle 3. 25 26 Section 63-7-970. The local office of the department 27 responsible for the county of the mother’s legal residence must 28 provide, direct, or coordinate the appropriate and timely delivery 29 of services to children born of incarcerated mothers where no 30 provision has been made for placement of the child outside the 31 prison setting. Referral of these cases to the appropriate local 32 office is the responsibility of the agency or institution having 33 custody of the mother. 34 35 Section 63-7-980. (A) The department must cooperate with 36 law enforcement agencies within the area it serves and establish 37 procedures necessary to facilitate the referral of child protection 38 cases to the department. 39 (B)(1) Where the facts indicating abuse or neglect also appear 40 to indicate a violation of criminal law, the department must notify 41 the appropriate law enforcement agency of those facts within 42 twenty-four hours of the department’s finding for the purposes of 43 police investigation. The law enforcement agency must file a

1 [4747] 70 1 formal incident report at the time it is notified by the department of 2 the finding. 3 (2) When the intake report is of alleged sexual abuse, the 4 department must notify the appropriate law enforcement agency 5 within twenty-four hours of receipt of the report to determine if a 6 joint investigation is necessary. The law enforcement agency must 7 file a formal incident report at the time it is notified of the alleged 8 sexual abuse. 9 (C) The law enforcement agency must provide to the 10 department copies of incident reports generated in any case 11 reported to law enforcement by the department and in any case in 12 which the officer responsible for the case knows the department is 13 involved with the family or the child. The law enforcement officer 14 must make reasonable efforts to advise the department of 15 significant developments in the case, such as disposition in 16 summary court, referral of a juvenile to the Department of Juvenile 17 Justice, arrest or detention, trial date, and disposition of charges. 18 (D) The department must include in its records copies of 19 incident reports provided under this section and must record the 20 disposition of charges. 21 22 Section 63-7-990. Notwithstanding any other provision of law, 23 upon request of the department, a criminal justice agency having 24 custody of or access to state or local law enforcement records or 25 county sex offender registries shall provide the department with 26 information pertaining to the criminal history of an adult residing 27 in the home of a child who is named in a report of suspected child 28 abuse or neglect or in a home in which it is proposed that the child 29 be placed. This information shall include conviction data, 30 nonconviction data, arrests, and incident reports accessible to the 31 agency. The department shall not be charged a fee for this service. 32 33 Subarticle 7 34 35 Institutional Abuse and Neglect 36 37 Section 63-7-1210. (A) The Department of Social Services is 38 authorized to receive and investigate reports of abuse and neglect 39 of children who reside in or receive care or supervision in 40 residential institutions, foster homes, and childcare facilities. 41 Responsibility for investigating these entities must be assigned to a 42 unit or units not responsible for selecting or licensing these 43 entities. In no case does the Department of Social Services have

1 [4747] 71 1 responsibility for investigating allegations of abuse and neglect in 2 institutions operated by the Department of Social Services. 3 (B) Foster homes subject to this section are those which are 4 supervised by or recommended for licensing by the department or 5 by child placing agencies. Indicated reports must be based upon a 6 finding that abuse or neglect is supported by a preponderance of 7 the evidence available to the department. 8 (C) The Department of Social Services may initiate 9 proceedings in the circuit court to enjoin the operations of a foster 10 home, an institution, or a child placing agency or to require other 11 corrective action if necessary for the safety of the children. The 12 department shall take whatever steps it considers necessary to 13 inform potential reporters of abuse and neglect of its 14 responsibilities under this section. 15 (D) The Department of Social Services must investigate an 16 allegation of abuse or neglect of a child where the child is in the 17 custody of or a resident of a residential treatment facility or 18 intermediate care facility for the mentally retarded licensed by the 19 Department of Health and Environmental Control or operated by 20 the Department of Mental Health. 21 (E) The Department of Social Services has access to facilities 22 for the purpose of conducting investigations and has authority to 23 request and receive written statements, documents, exhibits, and 24 other information pertinent to an investigation including, but not 25 limited to, hospital records. The appropriate officials, agencies, 26 departments, and political subdivisions of the State must assist and 27 cooperate with the court and the Department of Social Services in 28 furtherance of the purposes of this section. 29 (F) The Department of Social Services may file with the family 30 court an affidavit and a petition to support issuance of a warrant at 31 any time during an investigation. The family court must issue the 32 warrant if the affidavit and petition establish probable cause to 33 believe the child is an abused or neglected child and that the 34 investigation cannot be completed without issuance of the warrant. 35 The warrant may authorize the department to interview the child, 36 to inspect the premises of the child, to inspect the premise where 37 the child may be located or may reside, and to obtain copies of 38 medical, school, or other records necessary for investigation of the 39 allegations of abuse or neglect. 40 (G) The department shall promulgate regulations consistent 41 with this authority. The regulations shall cover at a minimum 42 investigation of reports, notice to the institutions and sponsoring 43 agencies, and remedial action.

1 [4747] 72 1 2 Section 63-7-1220. The State Law Enforcement Division is 3 authorized to receive and investigate reports of institutional abuse 4 and neglect alleged to have occurred in any institution or foster 5 home operated by the Department of Juvenile Justice and any 6 institution or childcare facility operated by the Department of 7 Social Services. The State Law Enforcement Division may 8 promulgate regulations consistent with this authority to investigate 9 these reports and take remedial action, if necessary. 10 11 Section 63-7-1230. When the investigation performed pursuant 12 to this subarticle results in a determination that an individual has 13 harmed a child or threatened a child with harm, as defined in 14 Section 63-7-20, the name of that individual must be entered 15 immediately in the Central Registry of Child Abuse and Neglect. 16 The department must notify the individual in writing by certified 17 mail that his name has been entered in the registry, of his right to 18 request an appeal of the decision to enter his name in the registry, 19 and of the possible ramifications regarding future employment and 20 licensing if he allows his name to remain in the registry. The 21 procedures set forth in Subarticle 9 apply when an individual 22 challenges the entry of his name in the registry and challenges of 23 the entry in the registry pursuant to this section must be given 24 expedited review in the appellate process. 25 26 Subarticle 9 27 28 Administrative Appeal 29 of Indicated Cases 30 31 Section 63-7-1410. The purpose of this subarticle is to provide a 32 child protective services appeals process for reports that have been 33 indicated pursuant to Subarticles 5 and 13 and are not being 34 brought before the family court for disposition and for reports 35 indicated and entered in the Central Registry pursuant to Section 36 63-7-1230 and not being brought before the family court for 37 disposition. The appeals hearing must be scheduled and conducted 38 in accordance with the department’s fair hearing regulations. This 39 process is available only to the person determined to have abused 40 or neglected the child. 41 42 Section 63-7-1420. If a person requests an appeal under this 43 subarticle and the family court has determined that the person is

1 [4747] 73 1 responsible for abuse or neglect of the child, an appeal pursuant to 2 this subarticle is not available. If the family court reaches such a 3 determination after the initiation of the appeal provided for in this 4 subarticle, the department shall terminate the appeal upon receipt 5 of an order that disposes of the issue. If a proceeding is pending in 6 the family court that may result in a finding that will dispose of an 7 appeal under this subarticle, the department shall stay the appeal 8 pending the court’s decision. 9 10 Section 63-7-1430. (A) If the department determines that a 11 report of suspected child abuse or neglect is indicated and the 12 department is not taking the case to the family court for 13 disposition, or if the case was entered in the Central Registry 14 pursuant to Section 63-7-1230 and the department is not taking the 15 case to family court for disposition, the department shall provide 16 notice of the case decision by certified mail to the person 17 determined to have abused or neglected the child. The notice must 18 inform the person of the right to appeal the case decision and that, 19 if he intends to appeal the decision, he must notify the department 20 of his intent in writing within thirty days of receipt of the notice. 21 The notice also must advise the person that the appeal process is 22 for the purpose of determining whether a preponderance of 23 evidence supports the case decision that the person abused or 24 neglected the child. If the person does not notify the department of 25 his intent to appeal in writing within thirty days of receipt of the 26 notice, the right to appeal is waived by the person and the case 27 decision becomes final. 28 (B) Within fourteen days after receipt of a notice of intent to 29 appeal, an appropriate official of the department designated by the 30 director must conduct an interim review of case documentation 31 and the case determination. The interim review may not delay the 32 scheduling of the contested case hearing. If the official conducting 33 the interim review decides that the determination against the 34 appellant is not supported by a preponderance of evidence, this 35 decision must be reflected in the department’s case record and 36 database as provided in Section 63-7-930(B)(2) or (3). If the 37 person’s name was in the Central Registry as a result of a 38 determination pursuant to Section 63-7-1230 and the interim 39 review results in a reversal of the decision that supports that entry, 40 the person’s name must be removed from the Central Registry. 41 (C) The state director shall appoint a hearing officer to conduct 42 a contested case hearing for each case decision appealed. The 43 hearing officer shall prepare recommended findings of fact and

1 [4747] 74 1 conclusions of law for review by the state director or the state 2 director’s designee who shall render the final decision. The 3 designee under this subsection must not be a person who was 4 involved in making the original case decision or who conducted 5 the interim review of the original case decision. The purpose of the 6 hearing is to determine whether there is a preponderance of 7 evidence that the appellant was responsible for abuse or neglect of 8 the child. 9 (D) After a contested case hearing, if the state director or the 10 director’s designee decides that the determination against the 11 appellant is not supported by a preponderance of evidence, this 12 decision must be reflected in the department’s case record and 13 database as provided in Section 63-7-930(B)(2) or (3). If the 14 person’s name was in the Central Registry as a result of a 15 determination pursuant to Section 63-7-1230 and the state director 16 or the director’s designee reverses the decision that supports that 17 entry, the person’s name must be removed from the Central 18 Registry. If the state director or the director’s designee affirms the 19 determination against the appellant, the appellant has the right to 20 seek judicial review in the family court of the jurisdiction in which 21 the case originated. 22 23 Section 63-7-1440. An appellant seeking judicial review shall 24 file a petition in the family court within thirty days after the final 25 decision of the department. The appellant shall serve a copy of the 26 petition upon the department. The family court shall conduct a 27 judicial review in accordance with the standards of review 28 provided for in Section 1-23-380. The court may enter judgment 29 upon the pleadings and a certified transcript of the record which 30 must include the evidence upon which the findings and decisions 31 appealed are based. The judgment must include a determination of 32 whether the decision of the department that a preponderance of 33 evidence shows that the appellant abused or neglected the child 34 should be affirmed or reversed. The appellant is not entitled to a 35 trial de novo in the family court. 36 37 Subarticle 11 38 39 Judicial Proceedings 40 41 Section 63-7-1610. (A) The family court has exclusive 42 jurisdiction over all proceedings held pursuant to this article.

1 [4747] 75 1 (B) The county in which the child resides is the legal place of 2 venue. 3 4 Section 63-7-1620. In all child abuse and neglect proceedings: 5 (1) Children must be appointed legal counsel and a guardian ad 6 litem by the family court. Counsel for the child in no case may be 7 the same as counsel for the parent, guardian, or other person 8 subject to the proceeding or any governmental or social agency 9 involved in the proceeding. 10 (2) Parents, guardians, or other persons subject to any judicial 11 proceeding are entitled to legal counsel. Those persons unable to 12 afford legal representation must be appointed counsel by the 13 family court. 14 (3) The interests of the State and the Department of Social 15 Services must be represented by the legal representatives of the 16 Department of Social Services in any judicial proceeding. 17 18 Section 63-7-1630. The department shall provide notice of a 19 hearing held in connection with an action filed or pursued under 20 Subarticle 3 or Sections 63-7-1650, 63-7-1660, 63-7-1670, 21 63-7-1680, 63-7-1700, or 63-7-2550 to the foster parent, the 22 preadoptive parent, or the relative who is providing care for a 23 child. The notice must be in writing and may be delivered in 24 person or by regular mail. The notice shall inform the foster 25 parent, preadoptive parent, or relative of the date, place, and time 26 of the hearing and of the right to attend the hearing and to address 27 the court concerning the child. Notice provided pursuant to this 28 section does not confer on the foster parent, preadoptive parent, or 29 relative the status of a party to the action. 30 31 Section 63-7-1640. (A) When this chapter requires the 32 department to make reasonable efforts to preserve or reunify a 33 family and requires the family court to determine whether these 34 reasonable efforts have been made, the child’s health and safety 35 must be the paramount concern. 36 (B) The family court may rule on whether reasonable efforts to 37 preserve or reunify a family should be required in hearings 38 regarding removal of custody, review of amendments to a 39 placement plan, review of the status of a child in foster care, or 40 permanency planning. 41 (C) The family court may authorize the department to terminate 42 or forego reasonable efforts to preserve or reunify a family when 43 the records of a court of competent jurisdiction show or when the

1 [4747] 76 1 family court determines that one or more of the following 2 conditions exist: 3 (1) the parent has subjected the child to one or more of the 4 following aggravated circumstances: 5 (a) severe or repeated abuse; 6 (b) severe or repeated neglect; 7 (c) sexual abuse; 8 (d) acts that the judge may find constitute torture; or 9 (e) abandonment; 10 (2) the parent has been convicted of or pled guilty or nolo 11 contendere to murder of another child of the parent, or an 12 equivalent offense, in this jurisdiction or another; 13 (3) the parent has been convicted of or pled guilty or nolo 14 contendere to voluntary manslaughter of another child of the 15 parent, or an equivalent offense, in this jurisdiction or another; 16 (4) the parent has been convicted of or pled guilty or nolo 17 contendere to aiding, abetting, attempting, soliciting, or conspiring 18 to commit murder or voluntary manslaughter pursuant to item (1), 19 (2), or (3), or an equivalent offense, in this jurisdiction or another; 20 (5) physical abuse of a child of the parent resulted in the 21 death or admission to the hospital for in-patient care of that child 22 and the abuse is the act for which the parent has been convicted of 23 or pled guilty or nolo contendere to committing, aiding, abetting, 24 conspiring to commit, or soliciting: 25 (a) an offense against the person as provided for in Title 26 16, Chapter 3; 27 (b) criminal domestic violence as defined in Section 28 16-25-20; 29 (c) criminal domestic violence of a high and aggravated 30 nature as defined in Section 16-25-65; or 31 (d) the common law offense of assault and battery of a 32 high and aggravated nature, or an equivalent offense in another 33 jurisdiction; 34 (6) the parental rights of the parent to a sibling of the child 35 have been terminated involuntarily; 36 (7) other circumstances exist that the court finds make 37 continuation or implementation of reasonable efforts to preserve or 38 reunify the family inconsistent with the permanent plan for the 39 child. 40 (D) The department may proceed with efforts to place a child 41 for adoption or with a legal guardian concurrently with making 42 efforts to prevent removal or to make it possible for the child to 43 return safely to the home.

1 [4747] 77 1 (E) If the family court’s decision that reasonable efforts to 2 preserve or reunify a family are not required results from a hearing 3 other than a permanency planning hearing, the court’s order shall 4 require that a permanency planning hearing be held within thirty 5 days of the date of the order. 6 (F) In determining whether to authorize the department to 7 terminate or forego reasonable efforts to preserve or reunify a 8 family, the court must consider whether initiation or continuation 9 of reasonable efforts to preserve or reunify the family is in the best 10 interests of the child. 11 12 Section 63-7-1650. (A) Upon investigation of a report under 13 Section 63-7-920 or at any time during the delivery of services by 14 the department, the department may petition the family court for 15 authority to intervene and provide protective services without 16 removal of custody if the department determines by a 17 preponderance of evidence that the child is an abused or neglected 18 child and that the child cannot be protected from harm without 19 intervention. 20 (B) The petition shall contain a full description of the basis for 21 the department’s belief that the child cannot be protected 22 adequately without department intervention, including a 23 description of the condition of the child, any previous efforts by 24 the department to work with the parent or guardian, treatment 25 programs which have been offered and proven inadequate, and the 26 attitude of the parent or guardian towards intervention and 27 protective services. 28 (C) Upon receipt of a petition under this section, the family 29 court shall schedule a hearing to be held within thirty-five days of 30 the filing date of receipt to determine whether intervention is 31 necessary. 32 (D) The parties to the petition must be served with a summons 33 and notices of right to counsel and of the hearing date and time 34 along with the petition. Personal jurisdiction over the parties is 35 effected if they are served at least seventy-two hours before the 36 hearing. No responsive pleading to the petition is required. The 37 court may authorize service by publication in appropriate cases 38 and may waive the thirty-five days requirement when necessary to 39 achieve service. A party may waive service or appear voluntarily. 40 (E) Intervention and protective services must not be ordered 41 unless the court finds that the allegations of the petition are 42 supported by a preponderance of the evidence including a finding 43 that the child is an abused or neglected child as defined in Section

1 [4747] 78 1 63-7-20 and the child cannot be protected from further harm 2 without intervention. 3 4 Section 63-7-1660. (A) Upon investigation of a report received 5 under Section 63-7-310 or at any time during the delivery of 6 services by the department, the department may petition the family 7 court to remove the child from custody of the parent, guardian, or 8 other person legally responsible for the child’s welfare if the 9 department determines by a preponderance of evidence that the 10 child is an abused or neglected child and that the child cannot be 11 safely maintained in the home in that he cannot be protected from 12 unreasonable risk of harm affecting the child’s life, physical 13 health, safety, or mental well-being without removal. If a 14 noncustodial parent is not named as a party in the removal petition, 15 the agency shall exercise every reasonable effort to promptly 16 notify the noncustodial parent that a removal proceeding has been 17 initiated and of the date and time of any hearings scheduled 18 pursuant to this section. 19 (B)(1) The petition shall contain a full description of the reasons 20 why the child cannot be protected adequately in the custody of the 21 parent or guardian, including facts supporting the department’s 22 allegation that the child is an abused or neglected child as defined 23 in Section 63-7-20 and that retention of the child in or return of the 24 child to the home would place the child at unreasonable risk of 25 harm affecting the child’s life, physical health or safety, or mental 26 well-being and the child cannot reasonably be protected from this 27 harm without being removed, a description of the condition of the 28 child, any previous efforts to work with the parent or guardian, 29 in-home treatment programs which have been offered and proven 30 inadequate, and the attitude of the parent or guardian towards 31 placement of the child in an alternative setting. The petition also 32 shall contain a statement of the harms the child is likely to suffer 33 as a result of removal and a description of the steps that will be 34 taken to minimize the harm to the child that may result upon 35 removal. 36 (2) The petition for removal may include a petition for 37 termination of parental rights. 38 (C)(1) Whether or not the petition for removal includes a 39 petition for termination of parental rights, the petition shall contain 40 a notice informing the parents of the potential effect of the hearing 41 on their parental rights and a notice to all interested parties that 42 objections to the sufficiency of a placement plan, if ordered, or of 43 any recommendations for provisions in the plan or court order

1 [4747] 79 1 must be raised at the hearing. The notice must be printed in 2 boldface print or in all upper case letters and set off in a box. 3 (2) If the petition includes a petition for termination of 4 parental rights, the notice shall state: ‘As a result of this hearing, 5 you could lose your rights as a parent’. 6 (3) If the petition does not include a petition for termination 7 of parental rights, the notice shall state: ‘At this hearing the court 8 may order a treatment plan. If you fail to comply with the plan, 9 you could lose your rights as a parent’. 10 (D) Upon receipt of a removal petition under this section, the 11 family court shall schedule a hearing to be held within thirty-five 12 days of the date of receipt to determine whether removal is 13 necessary. The parties to the petition must be served with a 14 summons and notices of right to counsel and the hearing date and 15 time along with the petition. Personal jurisdiction over the parties 16 is effected if they are served at least seventy-two hours before the 17 hearing. No responsive pleading to the petition is required. The 18 court may authorize service by publication in appropriate cases 19 and may waive the thirty-five days requirement when necessary to 20 achieve service. A party may waive service or appear voluntarily. 21 (E) The court shall not order that a child be removed from the 22 custody of the parent or guardian unless the court finds that the 23 allegations of the petition are supported by a preponderance of 24 evidence including a finding that the child is an abused or 25 neglected child as defined in Section 63-7-20 and that retention of 26 the child in or return of the child to the home would place the child 27 at unreasonable risk of harm affecting the child’s life, physical 28 health or safety, or mental well-being and the child cannot 29 reasonably be protected from this harm without being removed. 30 (F)(1) It is presumed that a newborn child is an abused or 31 neglected child as defined in Section 63-7-20 and that the child 32 cannot be protected from further harm without being removed 33 from the custody of the mother upon proof that: 34 (a) a blood or urine test of the child at birth or a blood or 35 urine test of the mother at birth shows the presence of any amount 36 of a controlled substance or a metabolite of a controlled substance 37 unless the presence of the substance or the metabolite is the result 38 of medical treatment administered to the mother of the infant or 39 the infant, or 40 (b) the child has a medical diagnosis of fetal alcohol 41 syndrome; and 42 (c) a blood or urine test of another child of the mother or a 43 blood or urine test of the mother at the birth of another child

1 [4747] 80 1 showed the presence of any amount of a controlled substance or a 2 metabolite of a controlled substance unless the presence of the 3 substance or the metabolite was the result of medical treatment 4 administered to the mother of the infant or the infant, or 5 (d) another child of the mother has the medical diagnosis 6 of fetal alcohol syndrome. 7 (2) This presumption may be rebutted by proof that the 8 father or another adult who will assume the role of parent is 9 available and suitable to provide care for the child in the home of 10 the mother. The father or the other adult must be made a party to 11 the action and subject to the court’s order establishing the 12 conditions for maintaining the child in the mother’s home. This 13 statutory presumption does not preclude the court from ordering 14 removal of a child upon other proof of alcohol or drug abuse or 15 addiction by the parent or person responsible for the child who has 16 harmed the child or threatened the child with harm. 17 (G) If the court removes custody of the child, the court’s order 18 shall contain a finding by the court of whether reasonable efforts 19 were made by the department to prevent removal of the child and a 20 finding of whether continuation of the child in the home would be 21 contrary to the welfare of the child. The order shall state: 22 (1) the services made available to the family before the 23 removal of the child and how they related to the needs of the 24 family; 25 (2) the efforts of the agency to provide these services to the 26 family before removal; 27 (3) why the efforts to provide services did not eliminate the 28 need for removal; and 29 (4) whether the efforts to eliminate the need for removal 30 were reasonable including, but not limited to, whether they were 31 reasonably available and timely, reasonably adequate to address 32 the needs of the family, reasonably adequate to protect the child 33 and realistic under the circumstances. If the department’s first 34 contact with the child occurred under such circumstances that 35 reasonable services would not have allowed the child to remain 36 safely in the home, the court shall find that removal of the child 37 without services or without further services was reasonable. 38 39 Section 63-7-1670. (A) At the close of a hearing pursuant to 40 Section 63-7-1650 or 63-7-1660 and upon a finding that the child 41 shall remain in the home and that protective services shall 42 continue, the family court shall review and approve a treatment

1 [4747] 81 1 plan designed to alleviate any danger to the child and to aid the 2 parents so that the child will not be endangered in the future. 3 (B) The plan must be prepared by the department and shall 4 detail any changes in parental behavior or home conditions that 5 must be made and any services which will be provided to the 6 family to ensure, to the greatest extent possible, that the child will 7 not be endangered. Whenever possible, the plan must be prepared 8 with the participation of the parents, the child, and any other 9 agency or individual that will be required to provide services. The 10 plan must be submitted to the court at the hearing. If any changes 11 in the plan are ordered, the department shall submit a revised plan 12 to the court within two weeks of the hearing, with copies to the 13 parties and legal counsel. Any dispute regarding the plan must be 14 resolved by the court. The terms of the plan must be included as 15 part of the court order. The court order shall specify a date when 16 treatment goals must be achieved and court jurisdiction ends, 17 unless the court specifically finds that the matter must be brought 18 back before the court for further review before the case may be 19 closed. If the order requires further court review before case 20 closure, the order shall specify a time limit for holding the next 21 hearing. 22 (C)(1) Unless services are to terminate earlier, the department 23 shall schedule a review hearing before the court at least once every 24 twelve months to establish whether the conditions which required 25 the initial intervention exist. If the conditions no longer exist, the 26 court shall order termination of protective services, and the court’s 27 jurisdiction shall end. If the court finds that the conditions which 28 required the initial intervention are still present, it shall establish: 29 (a) what services have been offered to or provided to the 30 parents; 31 (b) whether the parents are satisfied with the delivery of 32 services; 33 (c) whether the department is satisfied with the 34 cooperation given to the department by the parents; 35 (d) whether additional services should be ordered and 36 additional treatment goals established; and 37 (e) the date when treatment goals must be achieved and 38 court jurisdiction ends. 39 (2) The court order shall specify a date upon which 40 jurisdiction will terminate automatically, which must be no later 41 than eighteen months after the initial intervention. Jurisdiction 42 may be extended pursuant to a hearing on motion by any party, if

1 [4747] 82 1 the court finds that there is clear and convincing evidence that the 2 child is threatened with harm absent a continuation of services. 3 4 Section 63-7-1680. (A) If the court orders that a child be 5 removed from the custody of the parent or guardian, the court must 6 approve a placement plan. A plan must be presented to the court 7 for its approval at the removal hearing or within ten days after the 8 removal hearing. If the plan is presented subsequent to the 9 removal hearing, the court shall hold a hearing on the plan if 10 requested by a party. The plan must be a written document 11 prepared by the department. To the extent possible, the plan must 12 be prepared with the participation of the parents or guardian of the 13 child, the child, and any other agency or individual that will be 14 required to provide services in order to implement the plan. 15 (B) The placement plan shall include, but is not limited to: 16 (1) the specific reasons for removal of the child from the 17 custody of the parent or guardian and the changes that must be 18 made before the child may be returned, including: 19 (a) the nature of the harm or threatened harm that 20 necessitated removal, a description of the problems or conditions 21 in the home that caused the harm or threatened harm, and the 22 reason why the child could not be protected without removal; 23 (b) the nature of the changes in the home and family 24 situation that must be made in order to correct the problems and 25 conditions that necessitated removal, time frames for 26 accomplishing these objectives, and means for measuring whether 27 the objectives have been accomplished. The objectives stated in 28 this part of the plan must relate to problems and circumstances 29 serious enough to justify removal. The plan must be oriented to 30 correcting these problems and circumstances in the shortest 31 possible time in order to expedite the child’s return to the home; 32 (c) specific actions to be taken by the parents or guardian 33 of the child to accomplish the objectives identified in subitem (b) 34 and time frames for taking these actions; 35 (2) other conditions in the home that warrant state 36 intervention, but would not alone have been sufficient to warrant 37 removal, and the changes that must be made in order to terminate 38 intervention, including: 39 (a) the nature of the harm or threatened harm that justifies 40 state intervention and a description of the problems or conditions 41 of the home that caused the harm or threatened harm; 42 (b) the nature of the changes in the home and family 43 situation that must be made in order to correct the problems and

1 [4747] 83 1 conditions that caused the harm or threatened harm, time frames 2 for accomplishing these objectives, and means for measuring 3 whether the objectives have been accomplished; 4 (c) specific actions to be taken by the parents or guardian 5 of the child to accomplish the objectives identified in subitem (b) 6 and time frames for taking these actions; 7 (3) the social and other services to be provided or made 8 available to the parents, guardian, or other relevant adult to assist 9 the parents or guardian in accomplishing the objectives, including 10 a specific finding as to the minimum number and frequency of 11 contacts a caseworker with the department must have with the 12 child while in foster care. For a child placed in foster care within 13 this State, the caseworker must meet with the child, at a minimum, 14 once a month, but based upon the particular needs and 15 circumstances of the individual child, more frequent contacts may 16 be ordered by the court; 17 (4) the financial responsibilities and obligations, if any, of 18 the parents or guardian for the support of the child during the 19 placement; 20 (5) the visitation rights and obligations of the parents, 21 guardian, siblings, or other relatives of the child during the 22 placement. The plan shall provide for as much contact as is 23 reasonably possible and consistent with the best interests of the 24 child between the child and the child’s parents, guardian, siblings, 25 and other appropriate relatives with whom the child has a close 26 relationship including visitation and participation of the parents or 27 guardian in the care of the child while the child is in placement; 28 (6) the nature and location of the placement of the child 29 unless it is determined that disclosure of the location of the 30 placement to the parents, guardian, or any other person would be 31 contrary to the best interest of the child. In making its 32 determination of whether disclosure of the location of the 33 placement is in the best interest of the child, the department must 34 consider evidence of sexual abuse, physical abuse, or substance 35 abuse by an adult living in the child’s home or evidence of 36 criminal domestic violence in the child’s home. When disclosure 37 of the location of the placement is determined to be contrary to the 38 best interest of the child, disclosure must not be made to the 39 abusing party or to any member of the abusing party’s household. 40 The placement must be as close to the child’s home as is 41 reasonably possible, unless placement at a greater distance is 42 necessary to promote the child’s well-being. In the absence of 43 good cause to the contrary, preference must be given to placement

1 [4747] 84 1 with a relative or other person who is known to the child and has a 2 constructive and caring relationship with the child; 3 (7) the social and other supportive services to be provided to 4 the child and the foster parents including counseling or other 5 services to assist the child in dealing with the effects of separation 6 from the child’s home and family; 7 (8) if the parents or guardian were not involved in the 8 development of the plan, the nature of the agency’s efforts to 9 secure parental participation; 10 (9) notice to the parents or guardians that failure to 11 substantially accomplish the objectives stated in the plan within 12 the time frames provided may result in termination of parental 13 rights, subject to notice and a hearing as provided in Article 7. 14 (C) The placement plan clearly shall state the conditions 15 necessary to bring about return of the child and the reasonable 16 efforts that will be made by the department to reunite the child 17 with the child’s family. ‘Reasonable efforts’ include location of 18 the placement and visitation arrangements as well as services to 19 the parents or guardian and the child. 20 (D) The court shall approve the plan only if it finds that: 21 (1) the plan is consistent with the court’s order placing the 22 child in the custody of the department; 23 (2) the plan is consistent with the requirements for the 24 content of a placement plan set forth in subsection (B); 25 (3) if the parents or guardian of the child did not participate 26 in the development of the plan, that the department made 27 reasonable efforts to secure their participation; and 28 (4) the plan is meaningful and designed to address facts and 29 circumstances upon which the court based the order of removal. 30 If the court determines that any of these criteria are not satisfied, 31 the court shall require that necessary amendments to the plan be 32 submitted to the court within a specified time but no later than 33 seven days. A hearing on the amended plan must be held if 34 requested by a party. 35 (E) The court shall include in its order and shall advise 36 defendants on the record that failure to substantially accomplish 37 the objectives stated in the plan within the time frames provided 38 may result in termination of parental rights, subject to notice and a 39 hearing as provided in Article 7. 40 (F) The department immediately shall give a copy of the plan 41 to the parents or guardian of the child, and any other parties 42 identified by the court including the child if the court considers it 43 appropriate. If a copy of the plan is not given to the child, the

1 [4747] 85 1 department shall provide the child with age-appropriate 2 information concerning the substance of the plan unless the court 3 finds that disclosure of any part of the plan to the child would be 4 inconsistent with the child’s best interests. A copy of any part of 5 the plan that directly pertains to the foster family or the foster child 6 must be provided to the foster parents. 7 (G) The plan may be amended at any time if all parties agree 8 regarding the revisions, and the revisions are approved by the 9 court. The amended plan must be submitted to the court with a 10 written explanation for the proposed change. The plan also may be 11 amended by the court upon motion of a party after a hearing based 12 on evidence demonstrating the need for the amendment. A copy of 13 the amended plan immediately must be given to the parties 14 specified in subsection (F). Any additions to the elements set forth 15 in subsections (B)(1)(b) and (c) must relate to problems or 16 conditions that are serious enough to justify removal of the child 17 from the home based on the criteria in Section 63-7-1660(E). 18 (H) Any objections to the sufficiency of a plan or the process 19 by which a plan was developed must be made at the hearing on the 20 plan. Failure to request a hearing or to enter an objection at the 21 hearing constitutes a waiver of the objection. The sufficiency of 22 the plan or of the process for developing the plan may not be 23 raised as an issue in a proceeding for termination of parental rights 24 under Article 7. 25 (I) Upon petition of a party in interest, the court may order the 26 state or county director or other authorized representative of the 27 department to show cause why the agency should not be required 28 to provide services in accordance with the plan. The provisions of 29 the plan must be incorporated as part of a court order issued 30 pursuant to this section. A person who fails to comply with an 31 order may be held in contempt and subject to appropriate sanctions 32 imposed by the court. 33 34 Section 63-7-1690. (A) When the conditions justifying removal 35 pursuant to Section 63-7-1660 include the addiction of the parent 36 or abuse by the parent of controlled substances, the court may 37 require as part of the placement plan ordered pursuant to Section 38 63-7-1680: 39 (1) The parent successfully must complete a treatment 40 program operated by the Department of Alcohol and Other Drug 41 Abuse Services or another treatment program approved by the 42 department before return of the child to the home;

1 [4747] 86 1 (2) Any other adult person living in the home who has been 2 determined by the court to be addicted to or abusing controlled 3 substances or alcohol and whose conduct has contributed to the 4 parent’s addiction or abuse of controlled substances or alcohol 5 successfully must complete a treatment program approved by the 6 department before return of the child to the home; and 7 (3) The parent or other adult, or both, identified in item (2) 8 must submit to random testing for substance abuse and must be 9 alcohol or drug free for a period of time to be determined by the 10 court before return of the child. The parent or other adult 11 identified in item (2) must continue random testing for substance 12 abuse and must be alcohol or drug free for a period of time to be 13 determined by the court after return of the child before the case 14 will be authorized closed. 15 (B) Results of tests ordered pursuant to this section must be 16 submitted to the department and are admissible only in family 17 court proceedings brought by the department. 18 19 Section 63-7-1700. (A) The family court shall review the status 20 of a child placed in foster care upon motion filed by the 21 department to determine a permanent plan for the child. The 22 permanency planning hearing must be held no later than one year 23 after the date the child was first placed in foster care. At the initial 24 permanency planning hearing, the court shall review the status of 25 the child and the progress being made toward the child’s return 26 home or toward any other permanent plan approved at the removal 27 hearing. The court’s order shall make specific findings in 28 accordance with this section. An action for permanency planning 29 must be brought for a child who enters the custody of the 30 department by any mechanism, including Subarticle 3 or Section 31 63-7-1660 or 63-9-330. If the child enters the custody of the 32 department pursuant to Section 63-9-330 and no action is pending 33 in the family court concerning the child, the department may 34 initiate the permanency planning hearing with a summons and 35 petition for review. All parties must be served with the motion or 36 the summons and petition at least ten days before the hearing, and 37 no responsive pleading is required. 38 (B) The department shall attach a supplemental report to the 39 motion or other pleadings which must contain at least: 40 (1) that information necessary to support findings required in 41 subsection (H); 42 (2) the recommended permanent plan and suggested 43 timetable for attaining permanence; and

1 [4747] 87 1 (3) any reports of the local foster care review board which 2 pertain to the child. 3 The department may use the same form for the supplemental 4 report, reports from the department to the local foster care review 5 board, and reports compiled for internal department reviews. 6 (C) At the permanency planning hearing, the court shall review 7 the department’s plan for achieving permanence for the child. If 8 the department’s plan is not reunification with the parents, custody 9 or guardianship with a fit and willing relative, or termination of 10 parental rights, the department must show compelling reasons for 11 the selection of another permanent plan. If the court approves a 12 plan that is not reunification with the parents, custody or 13 guardianship with a fit and willing relative, or termination of 14 parental rights, the court must find compelling reasons for 15 approval of the plan and that the plan is in the child’s best 16 interests. 17 (D) If the court determines at the permanency planning hearing 18 that the child may be safely maintained in the home in that the 19 return of the child to the child’s parent would not cause an 20 unreasonable risk of harm to the child’s life, physical health, 21 safety, or mental well-being, the court shall order the child 22 returned to the child’s parent. The court may order a specified 23 period of supervision and services not to exceed twelve months. 24 When determining whether the child should be returned, the court 25 shall consider all evidence and the supplemental report including 26 whether the parent has substantially complied with the terms and 27 conditions of the plan approved pursuant to Section 63-7-1680. 28 (E) Unless subsection (C), (F), or (G) applies, if the court 29 determines at the permanency planning hearing that the child 30 should not be returned to the child’s parent at that time, the court’s 31 order shall require the department to file a petition to terminate 32 parental rights to the child not later than sixty days after receipt of 33 the order. If a petition to terminate parental rights is to be filed, the 34 department shall exercise and document every reasonable effort to 35 promote and expedite the adoptive placement and adoption of the 36 child, including a thorough adoption assessment and child-specific 37 recruitment. Adoptive placements must be diligently sought for the 38 child and failure to do so solely because a child is classified as 39 ‘special needs’ is expressly prohibited. An adoption may not be 40 delayed or denied solely on these special needs. For purposes of 41 this subsection:

1 [4747] 88 1 (1) ‘thorough adoption assessment’ means conducting and 2 documenting face-to-face interviews with the child, foster care 3 providers, and other significant parties; and 4 (2) ‘child specific recruitment’ means recruiting an adoptive 5 placement targeted to meet the individual needs of the specific 6 child including, but not be limited to, use of the media, use of 7 photo listings, and any other in-state or out-of-state resources 8 which may be utilized to meet the specific needs of the child, 9 unless there are extenuating circumstances that indicate that these 10 efforts are not in the best interest of the child. 11 (F) If the court determines that the criteria in subsection (D) are 12 not met but that the child may be returned to the parent within a 13 specified reasonable time not to exceed eighteen months after the 14 child was placed in foster care, the court may order an extension of 15 the plan approved pursuant to Section 63-7-1680 or may order 16 compliance with a modified plan. Before continuing foster care for 17 this purpose, the court must find that, at the time of the hearing, 18 initiation of termination of parental rights is not in the best 19 interests of the child and that the best interests of the child will be 20 served by the extended or modified plan. 21 (G) If after assessing the viability of adoption, the department 22 demonstrates that termination of parental rights is not in the child’s 23 best interests, and if the court finds that the best interests of the 24 child would be served, the court may award custody or legal 25 guardianship, or both, to a suitable, fit, and willing relative or 26 nonrelative; however, a home study on the individual whom the 27 department is recommending for custody of the child must be 28 submitted to the court for consideration before custody of legal 29 guardianship, or both, are awarded. The court may order a 30 specified period of supervision and services not to exceed twelve 31 months, and the court may authorize a period of visitation or trial 32 placement prior to receiving a home study. 33 (H) If at the initial permanency planning hearing the court does 34 not order return of the child pursuant to subsection (D), in addition 35 to those findings supporting the selection of a different plan, the 36 court shall specify in its order: 37 (1) what services have been provided to or offered to the 38 parents to facilitate reunification; 39 (2) the compliance or lack of compliance by all parties to the 40 plan approved pursuant to Section 63-7-1680; 41 (3) the extent to which the parents have visited or supported 42 the child and any reasons why visitation or support has not 43 occurred or has been infrequent;

1 [4747] 89 1 (4) whether previous services should continue and whether 2 additional services are needed to facilitate reunification, 3 identifying the services, and specifying the expected date for 4 completion, which must be no longer than eighteen months from 5 the date the child was placed in foster care; 6 (5) whether return of the child can be expected and 7 identification of the changes the parent must make in 8 circumstances, conditions, or behavior to remedy the causes of the 9 child’s placement or retention in foster care; 10 (6) whether the child’s foster care is to continue for a 11 specified time and, if so, how long; 12 (7) if the child has attained the age of sixteen, the services 13 needed to assist the child to make the transition to independent 14 living; 15 (8) whether the child’s current placement is safe and 16 appropriate; 17 (9) whether the department has made reasonable efforts to 18 assist the parents in remedying the causes of the child’s placement 19 or retention in foster care; and 20 (10) the steps the department is taking to promote and 21 expedite the adoptive placement and to finalize the adoption of the 22 child, including documentation of child specific recruitment 23 efforts. 24 (I) If after the permanency planning hearing, the child is 25 retained in foster care, future permanency planning hearings must 26 be held as follows: 27 (1) If the child is retained in foster care and the agency is 28 required to initiate termination of parental rights proceedings, the 29 termination of parental rights hearing may serve as the next 30 permanency planning hearing, but only if it is held no later than 31 one year from the date of the previous permanency planning 32 hearing. 33 (2) If the court ordered extended foster care for the purpose 34 of reunification with the parent, the court must select a permanent 35 plan for the child other than another extension for reunification 36 purposes at the next permanency planning hearing. The hearing 37 must be held on or before the date specified in the plan for 38 expected completion of the plan; in no case may the hearing be 39 held any later than six months from the date of the last court order. 40 (3) After the termination of parental rights hearing, the 41 requirements of Section 63-7-2580 must be met. Permanency 42 planning hearings must be held annually, starting with the date of 43 the termination of parental rights hearing. No further permanency

1 [4747] 90 1 planning hearings may be required after filing a decree of adoption 2 of the child. 3 (4) If the court places custody or guardianship with the 4 parent, extended family member, or suitable nonrelative and a 5 period of services and supervision is authorized, services and 6 supervision automatically terminate on the date specified in the 7 court order. Before the termination date, the department or the 8 guardian ad litem may file a petition with the court for a review 9 hearing on the status of the placement. Filing of the petition stays 10 termination of the case until further order from the court. If the 11 court finds clear and convincing evidence that the child will be 12 threatened with harm if services and supervision do not continue, 13 the court may extend the period of services and supervision for a 14 specified time. The court’s order must specify the services and 15 supervision necessary to reduce or eliminate the risk of harm to the 16 child. 17 (5) If the child is retained in foster care pursuant to a plan 18 other than one described in items (1) through (4), future 19 permanency planning hearings must be held at least annually. 20 (J) A supplemental report must be attached to a motion filed 21 pursuant to subsection (A). The supplemental report and notice of 22 the hearing must be served upon all named parties at least ten days 23 before the hearing. 24 (K) A named party, the child’s guardian ad litem, or the local 25 foster care review board may file a motion for review of the case at 26 any time. Any other party in interest may move to intervene in the 27 case pursuant to the rules of civil procedure and if the motion is 28 granted, may move for review. Parties in interest include, but are 29 not limited to, the individual or agency with legal custody or 30 placement of the child and the foster parent. The notice of motion 31 and motion for review must be served on the named parties at least 32 ten days before the hearing date. The motion shall state the reason 33 for review of the case and the relief requested. 34 (L) The pendency of an appeal concerning a child in foster care 35 does not deprive the court of jurisdiction to hear a case pursuant to 36 this section. The court shall retain jurisdiction to review the status 37 of the child and may act on matters not affected by the appeal. 38 39 Section 63-7-1710. (A) When a child is in the custody of the 40 department, the department shall file a petition to terminate 41 parental rights or shall join as party in a termination petition filed 42 by another party if:

1 [4747] 91 1 (1) a child has been in foster care under the responsibility of 2 the State for fifteen of the most recent twenty-two months; 3 (2) a court of competent jurisdiction has determined the 4 child to be an abandoned infant; 5 (3) a court of competent jurisdiction has determined that the 6 parent has committed murder of another child of the parent or has 7 committed voluntary manslaughter or another child of the parent; 8 (4) a court of competent jurisdiction has determined that the 9 parent has aided, abetted, conspired, or solicited to commit murder 10 or voluntary manslaughter of another child of the parent; or 11 (5) a court of competent jurisdiction has determined that the 12 parent has committed a felony assault that has resulted in serious 13 bodily injury to the child or to another child of the parent. 14 (B) Concurrently with filing of the petition, the department 15 shall seek to identify, recruit, process, and approve a qualified 16 family for adoption of the child if an adoptive family has not yet 17 been selected and approved. 18 (C) This section does not apply: 19 (1) to a child for whom the family court has found that 20 initiation of termination of parental rights is not in the best 21 interests of the child, after applying the criteria of Section 22 63-7-1700(C), (D), (F), or (G) and entering the findings required to 23 select a permanent plan for the child from Section 63-7-1700(C), 24 (D), (F), or (G). For this exemption to apply, the court must find 25 that there are compelling reasons for selection of a permanent plan 26 other than termination of parental rights; 27 (2) if the family court finds that the department has not 28 afforded services to the parents provided for in the treatment plan 29 approved pursuant to Section 63-7-1680 in a manner that was 30 consistent with the time periods in the plan or that court hearings 31 have been delayed in such a way as to interfere with the initiation, 32 delivery, or completion of services, but only if: 33 (a) the parent did not delay the court proceedings without 34 cause or delay or refuse the services; 35 (b) successful completion of the services in question may 36 allow the child to be returned as provided for in Section 37 63-7-1700(F) within the extension period; and 38 (c) the case is not one for which the court has made a 39 determination that reasonable efforts to preserve or reunify the 40 family are not necessary pursuant to Section 63-7-1640. 41 42 Section 63-7-1720. (A) Beginning on January 1, 2000, or on the 43 date of compliance with subsection (D), whichever is later, and on

1 [4747] 92 1 the first day of each month thereafter, each county clerk of court 2 must make a report to Court Administration concerning each child 3 protection case pending in family court in which a permanency 4 planning order has not been filed. The report must include the case 5 caption, the filing date, and, if applicable, the date of the 6 permanency planning hearing and the permanency planning order. 7 The clerk is not required to make a report concerning a case after a 8 permanency planning order has been filed in the case. 9 (B) Court Administration must provide the administrative judge 10 of the family court of each circuit with the information reported 11 concerning cases pending in the circuit. 12 (C) On August fifteenth of each year, the Director of Court 13 Administration must file with the Chief Justice of the South 14 Carolina Supreme Court, with copies to the Department of Social 15 Services and the Governor, a written report summarizing the 16 information reported by the clerks of court pursuant to this section. 17 The report shall contain, at a minimum, the following information 18 summarized by county, by circuit, and by state: 19 (1) the number of new cases brought by the department 20 during the preceding twelve months; and 21 (2) the number of cases filed more than twelve months in 22 which a permanency planning order has not been filed. 23 The annual report must contain an analysis of the progress of 24 these cases through the family court, identify impediments to 25 complying with statutory mandates, and make recommendations 26 for improving compliance. 27 (D) No later than January 1, 2000, Court Administration must 28 institute the use of a separate code to identify child protection 29 cases in its data systems. However, if the Chief Justice, upon 30 recommendation of Court Administration, determines that there is 31 a compelling reason why it is not feasible to institute the use of a 32 separate code by January 1, 2000, compliance with this subsection 33 may be deferred for up to twelve months, as necessary, for making 34 adjustments in the data systems. The date of compliance and the 35 compelling reason for any delay beyond January 1, 2000, shall be 36 included in the report required by subsection (E). 37 (E) Court Administration shall conduct a study of the 38 feasibility of collecting additional data necessary to monitor and 39 ensure compliance with statutory time frames for conducting 40 hearings in department cases, and no later than July 1, 2000, shall 41 submit a report to the Chief Justice, with copies to the Department 42 of Social Services and the Governor, containing recommendations 43 for instituting the necessary data collection system.

1 [4747] 93 1 2 Subarticle 13 3 4 Central Registry of Child Abuse and Neglect 5 Records and Reports 6 7 Section 63-7-1910. The purpose of this subarticle is to establish 8 a system for the identification of abused and neglected children 9 and those who are responsible for their welfare, to provide a 10 system for the coordination of reports concerning abused and 11 neglected children, and to provide data for determining the 12 incidence and prevalence of child abuse and neglect in this State. 13 To further these purposes, the department must maintain one or 14 more statewide data systems concerning cases reported to it 15 pursuant to this article. 16 17 Section 63-7-1920. (A) The Department of Social Services 18 must maintain a Central Registry of Child Abuse and Neglect 19 within the department’s child protective services unit in 20 accordance with this subarticle and Subarticles 5 and 7 and Section 21 17-25-135. Perpetrators of child abuse and neglect must be entered 22 in the registry only by order of a court as provided for in this 23 subarticle and Section 17-25-135, or as provided for in Section 24 63-7-1230. Each entry in the registry must be accompanied by 25 information further identifying the person including, but not 26 limited to, the person’s date of birth, address, and any other 27 identifying characteristics, and describing the abuse or neglect 28 committed by the person. 29 (B) The Central Registry of Child Abuse and Neglect must not 30 contain information from reports classified as unfounded. Other 31 department records and databases must treat unfounded cases as 32 provided for in Section 63-7-930. 33 34 Section 63-7-1930. (A) At any time following receipt of a 35 report, the department may petition the family court for an order 36 directing that the person named as perpetrator be entered in the 37 Central Registry of Child Abuse and Neglect. The petition must 38 have attached a written case summary stating facts sufficient to 39 establish by a preponderance of evidence that the person named as 40 perpetrator abused or neglected the child and that the nature and 41 circumstances of the abuse indicate that the person named as 42 perpetrator would present a significant risk of committing physical 43 or sexual abuse or wilful or reckless neglect if placed in a position

1 [4747] 94 1 or setting outside of the person’s home that involves care of or 2 substantial contact with children. The department must serve a 3 copy of the petition and summary on the person named as 4 perpetrator. The petition must include a statement that the judge 5 must rule based on the facts stated in the petition unless the clerk 6 of court or the clerk’s designee receives a written request for a 7 hearing from the person named as perpetrator within five days 8 after service of the petition. The name, address, and telephone 9 number of the clerk of court or the clerk’s designee must be stated 10 in the petition. If the person named as perpetrator requests a 11 hearing, the court must schedule a hearing on the merits of the 12 allegations in the petition and summary to be held no later than 13 five working days following the request. 14 (B) The department must seek an order placing a person in the 15 Central Registry pursuant to subsection (A) in all cases in which 16 the department concludes that there is a preponderance of evidence 17 that the person committed sexual abuse. 18 19 Section 63-7-1940. (A) At a hearing pursuant to Section 20 63-7-1650 or 63-7-1660, at which the court orders that a child be 21 taken or retained in custody or finds that the child was abused or 22 neglected, the court: 23 (1) must order that a person’s name be entered in the Central 24 Registry of Child Abuse and Neglect if the court finds that there is 25 a preponderance of evidence that the person physically or sexually 26 abused or wilfully or recklessly neglected the child. Placement on 27 the Central Registry cannot be waived by any party or by the court. 28 However, if the only form of physical abuse that is found by the 29 court is excessive corporal punishment, the court only may order 30 that the person’s name be entered in the Central Registry if item 31 (2) applies; 32 (2) may, except as provided for in item (1), order that the 33 person’s name be entered in the Central Registry if the court finds 34 by a preponderance of evidence: 35 (a) that the person abused or neglected the child in any 36 manner, including the use of excessive corporal punishment; and 37 (b) that the nature and circumstances of the abuse indicate 38 that the person would present a significant risk of committing 39 physical or sexual abuse or wilful or reckless neglect if the person 40 were in a position or setting outside of the person’s home that 41 involves care of or substantial contact with children.

1 [4747] 95 1 (B) At the probable cause hearing, the court may order that the 2 person be entered in the Central Registry if there is sufficient 3 evidence to support the findings required by subsection (A). 4 5 Section 63-7-1950. In cases where a person has been placed in 6 the Central Registry of Child Abuse and Neglect, the outcome of 7 any further proceedings must be entered immediately by the 8 department into the Central Registry of Child Abuse and Neglect. 9 If it is determined that a report is unfounded, the department must 10 immediately purge information identifying that person as a 11 perpetrator from the registry and from department records as 12 provided in Sections 63-7-1920 and 63-7-1960. 13 14 Section 63-7-1960. The names, addresses, birth dates, 15 identifying characteristics, and other information unnecessary for 16 auditing and statistical purposes of persons named in department 17 records of indicated cases other than the Central Registry of Child 18 Abuse and Neglect must be destroyed seven years from the date 19 services are terminated. This section does not prohibit the 20 department from maintaining an ‘indicated case’ which contains 21 identifying information on the child who is the subject of the 22 indicated report and those responsible for the child’s welfare 23 without identifying a person as perpetrator, and it does not prohibit 24 the department from providing child protective services to the 25 child who is the subject of an indicated report and those 26 responsible for the child’s welfare. 27 28 Section 63-7-1970. Information in the central registry and other 29 department records may be released only as authorized in Section 30 63-7-1990 or as otherwise specifically authorized by statute. 31 Information in records of the department other than the Central 32 Registry of Child Abuse and Neglect must not be used for 33 screening potential employees or volunteers of any public or 34 private entity, except as specifically provided by Section 35 63-7-1990 or as otherwise provided by statute. However, nothing 36 in this section prevents the department from using other 37 information in its records when making decisions associated with 38 administration or delivery of the department’s programs and 39 services. 40 41 Section 63-7-1980. (A) When a statute or regulation makes 42 determination of a person’s history of child abuse or neglect a 43 condition for employment or volunteer service in a facility or other

1 [4747] 96 1 entity regulated by the department, the person must be screened 2 against the Central Registry of Child Abuse and Neglect before 3 employment or service in the volunteer role. The person must be 4 screened each time the license, registration, or other operating 5 approval of the facility or other entity is renewed. 6 (B) When a statute or regulation makes determination of an 7 applicant’s history of child abuse or neglect, a condition for 8 issuance of a license, registration, or other operating approval by 9 the department, the applicant must be screened against the Central 10 Registry of Child Abuse and Neglect before issuance of the initial 11 license, registration, or other approval and each time the license, 12 registration, or other operating approval is renewed. 13 14 Section 63-7-1990. (A) All reports made and information 15 collected pursuant to this article maintained by the Department of 16 Social Services and the Central Registry of Child Abuse and 17 Neglect are confidential. A person who disseminates or permits 18 the dissemination of these records and the information contained in 19 these records except as authorized in this section, is guilty of a 20 misdemeanor and, upon conviction, must be fined not more than 21 one thousand five hundred dollars or imprisoned not more than one 22 year, or both. 23 (B) The department is authorized to grant access to the records 24 of indicated cases to the following persons, agencies, or entities: 25 (1) the ombudsman of the office of the Governor or the 26 Governor’s designee; 27 (2) a person appointed as the child’s guardian ad litem, the 28 attorney for the child’s guardian ad litem, or the child’s attorney; 29 (3) appropriate staff of the department; 30 (4) a law enforcement agency investigating or prosecuting 31 known or suspected abuse or neglect of a child or any other crime 32 against a child, attempting to locate a missing child, investigating 33 or prosecuting the death of a child, or investigating or prosecuting 34 any other crime established in or associated with activities 35 authorized under this article; 36 (5) a person who is named in a report or investigation 37 pursuant to this article as having abused or neglected a child, that 38 person’s attorney, and that person’s guardian ad litem; 39 (6) a child fourteen years of age or older who is named in a 40 report as a victim of child abuse or neglect, except in regard to 41 information that the department may determine to be detrimental 42 to the emotional well-being of the child;

1 [4747] 97 1 (7) the parents or guardians of a child who is named in a 2 report as a victim of child abuse or neglect; 3 (8) county medical examiners or coroners who are 4 investigating the death of a child; 5 (9) the State Child Fatality Advisory Committee and the 6 Department of Child Fatalities in accordance with the exercise of 7 their purposes or duties pursuant to Article 19, Chapter 11; 8 (10) family courts conducting proceedings pursuant to this 9 article; 10 (11) the parties to a court proceeding in which information in 11 the records is legally relevant and necessary for the determination 12 of an issue before the court, if before the disclosure the judge has 13 reviewed the records in camera, has determined the relevancy and 14 necessity of the disclosure, and has limited disclosure to legally 15 relevant information under a protective order; 16 (12) a grand jury by subpoena upon its determination that 17 access to the record is necessary in the conduct of its official 18 business; 19 (13) authorities in other states conducting child abuse and 20 neglect investigations or providing child welfare services; 21 (14) courts in other states conducting child abuse and neglect 22 proceedings or child custody proceedings; 23 (15) the director or chief executive officer of a childcare 24 facility, child placing agency, or child caring facility when the 25 records concern the investigation of an incident of child abuse or 26 neglect that allegedly was perpetrated by an employee or volunteer 27 of the facility or agency against a child served by the facility or 28 agency; 29 (16) a person or agency with authorization to care for, 30 diagnose, supervise, or treat the child, the child’s family, or the 31 person alleged to have abused or neglected the child; 32 (17) any person engaged in bona fide research with the 33 written permission of the state director or the director’s designee, 34 subject to limitations the state director may impose; 35 (18) multidisciplinary teams impaneled by the department or 36 impaneled pursuant to statute; 37 (19) circuit solicitors and their agents investigating or 38 prosecuting known or suspected abuse or neglect of a child or any 39 other crime against a child, attempting to locate a missing child, 40 investigating or prosecuting the death of a child, or investigating or 41 prosecuting any other crime established in or associated with 42 activities authorized under this article; 43 (20) prospective adoptive or foster parents before placement;

1 [4747] 98 1 (21) the Division for the Review of the Foster Care of 2 Children, Office of the Governor, for purposes of certifying in 3 accordance with Section 63-11-730 that no potential employee or 4 no nominee to and no member of the state or a local foster care 5 review board is a subject of an indicated report or affirmative 6 determination; 7 (22) employees of the Division for the Review of the Foster 8 Care of Children, Office of the Governor and members of local 9 boards when carrying out their duties pursuant to Article 7 of 10 Chapter 11; the department and the division shall limit by written 11 agreement or regulation, or both, the documents and information to 12 be furnished to the local boards; 13 (23) The Division of Guardian ad Litem, Office of the 14 Governor, for purposes of certifying that no potential employee or 15 volunteer is the subject of an indicated report or an affirmative 16 determination. 17 (C) The department may limit the information disclosed to 18 individuals and entities named in subsection (B) (13), (14), (15), 19 (16), (17), (18), and (20) to that information necessary to 20 accomplish the purposes for which it is requested or for which it is 21 being disclosed. Nothing in this subsection gives to these entities 22 or persons the right to review or copy the complete case record. 23 (D) When a request for access to the record comes from an 24 individual identified in subsection (B)(5), (6), or (7) or that 25 person’s attorney, the department shall review any reports from 26 medical care providers and mental health care providers to 27 determine whether the report contains information that does not 28 pertain to the case decision, to the treatment needs of the family as 29 a whole, or to the care of the child. If the department determines 30 that these conditions exist, before releasing the document, the 31 department shall provide a written notice identifying the report to 32 the requesting party and to the person whose treatment or 33 assessment was the subject of the report. The notice may be mailed 34 to the parties involved or to their attorneys or it may be delivered 35 in person. The notice shall state that the department will release the 36 report after ten days from the date notice was mailed to all parties 37 and that any party objecting to release may apply to the court of 38 competent jurisdiction for relief. When a medical or mental health 39 provider or agency furnishes copies of reports or records to the 40 department and designates in writing that those reports or records 41 are not to be further disclosed, the department must not disclose 42 those documents to persons identified in subsection (B)(5), (6), or 43 (7) or that person’s attorney. The department shall identify to the

1 [4747] 99 1 requesting party the records or reports withheld pursuant to this 2 subsection and shall advise the requesting party that he may 3 contact the medical or mental health provider or agency about 4 release of the records or reports. 5 (E) A disclosure pursuant to this section shall protect the 6 identity of the person who reported the suspected child abuse or 7 neglect. The department also may protect the identity of any other 8 person identified in the record if the department finds that 9 disclosure of the information would be likely to endanger the life 10 or safety of the person. Nothing in this subsection prohibits the 11 department from subpoenaing the reporter or other persons to court 12 for the purpose of testimony if the department determines the 13 individual’s testimony is necessary to protect the child; the fact 14 that the reporter made the report must not be disclosed. 15 (F) The department is authorized to summarize the outcome of 16 an investigation to the person who reported the suspected child 17 abuse or neglect if the person requests the information at the time 18 the report is made. The department has the discretion to limit the 19 information disclosed to the reporter based on whether the reporter 20 has an ongoing professional or other relationship with the child or 21 the family. 22 (G) The state director of the department or the director’s 23 designee may disclose to the media information contained in child 24 protective services records if the disclosure is limited to discussion 25 of the department’s activities in handling the case including 26 information placed in the public domain by other public officials, a 27 criminal prosecution, the alleged perpetrator or the attorney for the 28 alleged perpetrator, or other public judicial proceedings. For 29 purposes of this subsection, information is considered ‘placed in 30 the public domain’ when it has been reported in the news media, is 31 contained in public records of a criminal justice agency, is 32 contained in public records of a court of law, or has been the 33 subject of testimony in a public judicial proceeding. 34 (H) The state director or the director’s designee is authorized to 35 prepare and release reports of the results of the department’s 36 investigations into the deaths of children in its custody or receiving 37 child welfare services at the time of death. 38 (I) The department is authorized to disclose information 39 concerning an individual named in the Central Registry of Child 40 Abuse and Neglect as a perpetrator when screening of an 41 individual’s background is required by statute or regulation for 42 employment, licensing, or any other purposes, or a request is made 43 in writing by the person being screened. Nothing in this section

1 [4747] 100 1 prevents the department from using other information in 2 department records when making decisions concerning licensing, 3 employment, or placement, or performing other duties required by 4 this act. The department also is authorized to consult any 5 department records in providing information to persons conducting 6 preplacement investigations of prospective adoptive parents in 7 accordance with Section 63-9-520. 8 (J) The department is authorized to maintain in its childcare 9 regulatory records information about investigations of suspected 10 child abuse or neglect occurring in childcare facilities. 11 (1) The department must enter child abuse or neglect 12 investigation information in its regulatory record from the 13 beginning of the investigation and must add updated information 14 as it becomes available. Information in the regulatory records must 15 include at least the date of the report, the nature of the alleged 16 abuse or neglect, the outcome of the investigation, any corrective 17 action required, and the outcome of the corrective action plan. 18 (2) The department’s regulatory records must not contain the 19 identity of the reporter or of the victim child. 20 (3) The identity of the perpetrator must not appear in the 21 record unless the family court has confirmed the department’s 22 determination or a criminal prosecution has resulted in conviction 23 of the perpetrator. 24 (4) Nothing in this subsection may be construed to limit the 25 department’s authority to use information from investigations of 26 suspected child abuse or neglect occurring in childcare facilities to 27 pursue an action to enjoin operation of a facility as provided in 28 Chapter 13. 29 (5) Record retention provisions applicable to the 30 department’s child protective services case records are not 31 applicable to information contained in regulatory records 32 concerning investigations of suspected child abuse or neglect 33 occurring in childcare facilities. 34 (K) All reports made available to persons pursuant to this 35 section must indicate whether or not an appeal is pending on the 36 report pursuant to Subarticle 9. 37 (L) The department may disclose to participants in a family 38 group conference relevant information concerning the child or 39 family or other relevant information to the extent that the 40 department determines that the disclosure is necessary to 41 accomplish the purpose of the family group conference. 42 Participants in the family group conference must be instructed to

1 [4747] 101 1 maintain the confidentiality of information disclosed by the 2 agency. 3 (M) Nothing in this section may be construed to waive the 4 confidential nature of the case record, to waive any statutory or 5 common law privileges attaching to the department’s internal 6 reports or to information in case records, to create a right to access 7 under the Freedom of Information Act, or to require the 8 department to search records or generate reports for purposes of 9 the Freedom of Information Act. 10 11 Section 63-7-2000. (A) Notwithstanding other provisions of the 12 law affecting confidentiality of child protective services records 13 and use and disclosure of records of unfounded cases, records 14 concerning unfounded reports must be retained and disclosed as 15 provided in this section. 16 (B) The alleged perpetrator in an unfounded report who has 17 reason to believe that the report was made maliciously or in bad 18 faith has the right to request in writing that records of the report be 19 retained by the department for up to two years from the date of the 20 case decision. The written request must be received by the 21 department within thirty days of the person’s receiving notice of 22 the case decision. A person exercising this right may request a 23 copy of the record of the unfounded case and the department shall 24 provide a copy of the record, subject to subsection (C). 25 (C) The department shall disclose to persons exercising the 26 rights afforded them under this section whether the report was 27 made anonymously. However, the identity of a reporter must not 28 be made available to the person except by order of the family 29 court. 30 (D) An alleged perpetrator in an unfounded case who believes 31 the report was made maliciously or in bad faith may petition the 32 family court to determine whether there is probable cause to 33 believe that the reporter acted maliciously or in bad faith. The 34 court shall determine probable cause based on an in camera review 35 of the case record and oral or written argument, or both. If the 36 court finds probable cause, the identity of the reporter must be 37 disclosed to the moving party. 38 (E) Notwithstanding other provisions of the law affecting 39 confidentiality of child protective services records and use and 40 disclosure of records of unfounded cases, a court conducting civil 41 or criminal proceedings resulting from disclosures authorized by 42 this section may order the department to release the record to any 43 party to the case or the law enforcement.

1 [4747] 102 1 2 Section 63-7-2010. The Department of Social Services must 3 furnish annually to the Governor and the General Assembly a 4 report on the incidence and prevalence of child abuse and neglect 5 in South Carolina, the effectiveness of services provided 6 throughout the State to protect children from this harm, and any 7 other data considered instructive. 8 9 Article 5 10 11 Foster Care 12 13 Section 63-7-2310. (A) To protect and nurture children in foster 14 care, the Department of Social Services and its employees shall: 15 (1) adhere strictly to the prescribed number of personal 16 contacts, pursuant to Section 63-7-1680(B)(3). These contacts 17 must be personal, face-to-face visits between the caseworker or 18 member of the casework team and the foster child. These visits 19 may be conducted in the foster home and in the presence of other 20 persons who reside in the foster home; however, if the caseworker 21 suspects that the child has been abused or neglected during the 22 placement with the foster parent, the caseworker must observe and 23 interview the child outside the presence of other persons who 24 reside in the foster home; 25 (2) ensure that a caseworker interviews the foster parent, 26 either in person or by telephone, at least once each month. No less 27 frequently than once every two months, ensure that a caseworker 28 or member of the casework team interviews the foster parent 29 face-to-face during a visit in the foster home; 30 (3) ensure that a caseworker interviews other adults residing 31 in the foster home, as defined in Section 63-1-40, face-to-face at 32 least once each quarter. A foster parent must notify the department 33 if another adult moves into the home, and the caseworker must 34 interview the adult face-to-face within one month after receiving 35 notice. Interviews of foster parents pursuant to item (2) and of 36 other adults residing in the home pursuant to this item may be 37 conducted together or separately at the discretion of the 38 department; 39 (4) ensure that its staff visit in the foster home and interview 40 the foster parent or other adults in the home more frequently when 41 conditions in the home, circumstances of the foster children, or 42 other reasons defined in policy and procedure suggest that 43 increased oversight or casework support is appropriate. When

1 [4747] 103 1 more than one caseworker is responsible for a child in the foster 2 home, the department may assign one caseworker to conduct the 3 required face-to-face interview with the other adults residing in the 4 foster home; 5 (5) provide to the foster child, if age appropriate, a printed 6 card containing a telephone number the child may use to contact a 7 designated unit or individual within the Department of Social 8 Services and further provide an explanation to the child that the 9 number is to be used if problems occur which the child believes his 10 or her caseworker cannot or will not resolve; 11 (6) strongly encourage by letter of invitation, provided at 12 least three weeks in advance, the attendance of foster parents to all 13 Foster Care Review Board proceedings held for children in their 14 care. If the foster parents are unable to attend the proceedings, they 15 must submit a progress report to the Office of the Governor, 16 Division of Foster Care Review, at least three days prior to the 17 proceeding. Failure of a foster parent to attend the Foster Care 18 Review Board proceeding or failure to submit a progress report to 19 the Division of Foster Care Review does not require the board to 20 delay the proceeding. The letter of invitation and the progress 21 report form must be supplied by the agency; 22 (7) be placed under the full authority of sanctions and 23 enforcement by the family court pursuant to Section 63-3-530(30) 24 and Section 63-3-530(36) for failure to adhere to the requirements 25 of this subsection. 26 (B) If the department places a child in foster care in a county 27 which does not have jurisdiction of the case, the department may 28 designate a caseworker in the county of placement to make the 29 visits required by subsection (A). 30 (C) In fulfilling the requirements of subsection (A), the 31 Department of Social Services shall reasonably perform its tasks in 32 a manner which is least intrusive and disruptive to the lives of the 33 foster children and their foster families. 34 (D) The Department of Social Services, in executing its duties 35 under subsection (A)(4), must provide a toll free telephone number 36 which must operate twenty-four hours a day. 37 (E) Any public employee in this State who has actual 38 knowledge that a person has violated any of the provisions of 39 subsection (A) must report those violations to the state office of 40 the Department of Social Services; however, the Governor’s 41 Division of Foster Care Review must report violations of 42 subsection (A)(4) in their regular submissions of advisory 43 decisions and recommendations which are submitted to the family

1 [4747] 104 1 court and the department. Any employee who knowingly fails to 2 report a violation of subsection (A) is guilty of a misdemeanor and, 3 upon conviction, must be fined not more than five hundred dollars 4 or imprisoned not more than thirty days, or both. 5 (F) Foster parents have a duty to make themselves reasonably 6 available for the interviews required by subsection (A)(2) and to 7 take reasonable steps to facilitate caseworkers’ interviews with 8 other adults who reside in the home as required by subsection (A) 9 (3). Failure to comply with either the duties in this subsection or 10 those in subsection (A)(3) constitutes grounds for revocation of a 11 foster parent’s license or other form of approval to provide care to 12 children in the custody of the department. Revocation would 13 depend on the number of instances of noncompliance, the foster 14 parents’ wilfulness in noncompliance, or other circumstances 15 indicating that noncompliance by the foster parents significantly 16 and unreasonably interferes with the department’s ability to carry 17 out its protective functions under this section. 18 (G) To further this state’s long-term goals and objectives on 19 behalf of children in foster care, the Department of Social Services 20 shall give to the General Assembly by January 15, 2000, a report 21 of the status of the foster care system which includes 22 improvements the department has made to ensure the safety and 23 quality of life of South Carolina’s foster children. This report must 24 include: 25 (1) specific standards for the training of foster parents, 26 including the type of training which is provided; 27 (2) standards which address emergency situations affecting 28 the maximum number of children placed in each foster home; 29 (3) standards which provide for the periodic determination 30 of the medical condition of a child during his stay in foster care; 31 and 32 (4) methods the department has developed to encourage the 33 receipt of information on the needs of children in foster care from 34 persons who have been recently emancipated from the foster care 35 system. 36 37 Section 63-7-2320. (A) As used in this section, unless the 38 context otherwise requires: 39 (1) ‘Department’ means the Department of Social Services; 40 and 41 (2) ‘Foster parent’ means any person with whom a child in 42 the care, custody, or guardianship of the department is placed for 43 temporary or long-term care.

1 [4747] 105 1 (B) There is established a ‘Kinship Foster Care Program’ in the 2 State Department of Social Services. 3 (C) When a child has been removed from his home and is in the 4 care, custody, or guardianship of the department, the department 5 shall attempt to identify a relative who would be appropriate for 6 placement of the child in accordance with the preliminary 7 investigation requirements of Subarticle 3, Article 3 and in 8 accordance with Section 63-7-1680(B)(6). If the department 9 determines that it is in the best interest of a child requiring 10 out-of-home placement that the child be placed with a relative for 11 foster care, or if a relative advises the department that the relative 12 is interested in providing placement for a child requiring foster 13 care, and the relative is not already licensed to provide foster care, 14 the department shall inform the relative of the procedures for being 15 licensed as a kinship foster parent, assist the foster parent with the 16 licensing process, and inform the relative of availability of 17 payments and other services to kinship foster parents. If the 18 relative is licensed by the department to provide kinship foster care 19 services, in accordance with rules and regulations adopted by the 20 department regarding kinship foster care, and a placement with the 21 relative is made, the relative may receive payment for the full 22 foster care rate for the care of the child and any other benefits that 23 might be available to foster parents, whether in money or in 24 services. 25 (D) The department shall establish, in accordance with this 26 section and the rules and regulations promulgated hereunder, 27 eligibility standards for becoming a kinship foster parent. 28 (1) Relatives within the first, second, or third degree to the 29 parent or stepparent of a child who may be related through blood, 30 marriage, or adoption may be eligible for licensing as a kinship 31 foster parent. 32 (2) The kinship foster parent must be twenty-one years of 33 age or older, except that if the spouse or partner of the relative is 34 twenty-one years of age or older and living in the home, and the 35 relative is between eighteen and twenty-one years of age, the 36 department may waive the age requirement. 37 (3)(a) A person may become a kinship foster parent only 38 upon the completion of a full kinship foster care licensing study 39 performed in accordance with rules and regulations promulgated 40 pursuant to this section. Residents of the household who are age 41 eighteen years of age or older must undergo the state and federal 42 fingerprint review procedures as provided for in Section 43 63-7-2340. The department shall apply the screening criteria in

1 [4747] 106 1 Section 63-7-2350 to the results of the fingerprint reviews and the 2 licensing study. 3 (b) The department shall maintain the confidentiality of 4 the results of fingerprint reviews as provided for in state and 5 federal regulations. 6 (4) The department shall determine, after a thorough review 7 of information obtained in the kinship foster care licensing 8 process, whether the person is able to care effectively for the foster 9 child. 10 (E)(1) The department shall involve the kinship foster parents 11 in development of the child’s permanent plan pursuant to Section 12 63-7-1700 and other plans for services to the child and the kinship 13 foster home. The department shall give notice of proceedings and 14 information to the kinship foster parent as provided for elsewhere 15 in this chapter for other foster parents. If planning for the child 16 includes the use of childcare, the department shall pay for 17 childcare arrangements, according to established criteria for 18 payment of these services for foster children. If the permanent plan 19 for the child involves requesting the court to grant custody or 20 guardianship of the child to the kinship foster parent, the 21 department must ensure that it has informed the kinship foster 22 parent about adoption, including services and financial benefits 23 that might be available. 24 (2) The kinship foster parent shall cooperate with any 25 activities specified in the case plan for the foster child, such as 26 counseling, therapy or court sessions, or visits with the foster 27 child’s parents or other family members. Kinship foster parents 28 and placements made in kinship foster care homes are subject to 29 the requirements of Section 63-7-2310. 30 31 Section 63-7-2330. (A) When the Department of Social 32 Services has custody of a child and places that child with a relative 33 who is licensed to provide foster care, the agency must provide the 34 same services and financial benefits as provided to other licensed 35 foster homes. Children placed pursuant to this section are subject 36 to the permanency planning requirements in Section 63-7-1700. 37 (B) If the department has determined that it is in the best 38 interest of a child requiring foster care that the child be placed with 39 a relative, and the relative is not licensed to provide foster care, or 40 if a relative advises the department that the relative is interested in 41 providing placement for a child requiring foster care, the 42 department shall inform the relative of the procedures for 43 obtaining licensure and the benefits of licensure. The department

1 [4747] 107 1 also shall provide information and reasonable assistance to a 2 relative seeking a foster care license to the same extent that it 3 provides this information and assistance to other persons 4 contacting the department about foster care licensing. 5 6 Section 63-7-2340. (A) A person applying for licensure as a 7 foster parent and a person eighteen years of age or older, residing 8 in a home in which a person has applied to be licensed as a foster 9 parent, must undergo a state fingerprint review to be conducted by 10 the State Law Enforcement Division to determine any state 11 criminal history and a fingerprinting review to be conducted by the 12 Federal Bureau of Investigation to determine any other criminal 13 history. 14 (B) Any fee charged by the Federal Bureau of Investigation for 15 the fingerprint review must be paid by the individual. 16 17 Section 63-7-2350. (A) No child may be placed in foster care 18 with a person: 19 (1) with a substantiated history of child abuse or neglect; or 20 (2) who has pled guilty or nolo contendere to or who has 21 been convicted of: 22 (a) an ‘Offense Against the Person’ as provided for in 23 Chapter 3, Title 16; 24 (b) an ‘Offense Against Morality or Decency’ as provided 25 for in Chapter 15, Title 16; 26 (c) contributing to the delinquency of a minor as provided 27 for in Section 16-17-490; 28 (d) the common law offense of assault and battery of a 29 high and aggravated nature when the victim was a person 30 seventeen years of age or younger; 31 (e) criminal domestic violence, as defined in Section 32 16-25-20; 33 (f) criminal domestic violence of a high and aggravated 34 nature, as defined in Section 16-25-65; 35 (g) a felony drug-related offense under the laws of this 36 State. 37 (B) A person who has been convicted of a criminal offense 38 similar in nature to a crime enumerated in subsection (A) when the 39 crime was committed in another jurisdiction or under federal law is 40 subject to the restrictions set out in this section. 41 (C) This section does not prevent foster care placement when a 42 conviction or plea of guilty or nolo contendere for one of the 43 crimes enumerated in subsection (A) has been pardoned. However,

1 [4747] 108 1 notwithstanding the entry of a pardon, the department or other 2 entity making placement or licensing decisions may consider all 3 information available, including the person’s pardoned convictions 4 or pleas and the circumstances surrounding them, to determine 5 whether the applicant is unfit or otherwise unsuited to provide 6 foster care services. 7 8 Section 63-7-2360. (A) No agency may place a minor in a 9 foster home if the agency has actual knowledge that the minor has 10 been adjudicated delinquent for, or has pled guilty or nolo 11 contendere to, or has been convicted of a sex offense, unless the 12 placement is in a therapeutic foster home or unless the minor is the 13 only child in the foster home at the time of placement and for the 14 length of that minor’s placement in the foster home. 15 Notwithstanding this provision, the placing agency may petition 16 the court for an order allowing the minor to be placed in a foster 17 home, other than a therapeutic home, if good cause is shown. Good 18 cause shall include, but not be limited to, the fact that the minor is 19 being placed in a home with his siblings. 20 (B) The placing agency must inform the foster parent in whose 21 home the minor is placed of that minor’s prior history of a sex 22 offense. For purposes of this section the term ‘sex offense’ means: 23 (1) criminal sexual conduct in the first degree, as provided in 24 Section 16-3-652; 25 (2) criminal sexual conduct in the second degree, as 26 provided in Section 16-3-653; 27 (3) criminal sexual conduct in the third degree, as provided 28 in Section 16-3-654; 29 (4) criminal sexual conduct with minors in the first degree, 30 as provided in Section 16-3-655(A); 31 (5) criminal sexual conduct with minors in the second 32 degree, as provided in Section 16-3-655(B); 33 (6) engaging a child for a sexual performance, as provided in 34 Section 16-3-810; 35 (7) producing, directing, or promoting sexual performance 36 by a child, as provided in Section 16-3-820; 37 (8) assault with intent to commit criminal sexual conduct, as 38 provided in Section 16-3-656; 39 (9) incest, as provided in Section 16-15-20; 40 (10) buggery, as provided in Section 16-15-120; 41 (11) committing or attempting lewd act upon child under 42 sixteen, as provided in Section 16-15-140;

1 [4747] 109 1 (12) violations of Article 3, Chapter 15 of Title 16 involving a 2 child when the violations are felonies; 3 (13) accessory before the fact to commit an offense 4 enumerated in this item and as provided for in Section 16-1-40; 5 (14) attempt to commit any of the offenses enumerated 6 herein; or 7 (15) any offense for which the judge makes a specific finding 8 on the record that based on the circumstances of the case, the 9 minor’s offense should be considered a sex offense. 10 11 Section 63-7-2370. The department shall disclose to the foster 12 parent at the time the department places the child in the home all 13 information known by the person making the placement or 14 reasonably accessible to the person making the placement which 15 could affect either the ability of the foster parent to care for the 16 child or the health and safety of the child or the foster family. This 17 information includes, but is not limited to, medical and mental 18 health conditions and history of the child, the nature of abuse or 19 neglect to which the child has been subjected, behavioral 20 problems, and matters related to educational needs. If a person 21 lacking this necessary information made the placement, a member 22 of the child’s casework team or the child’s caseworker shall 23 contact the foster parent and provide the information during the 24 first working day following the placement. The child’s caseworker 25 shall research the child’s record and shall supplement the 26 information provided to the foster parent no later than the end of 27 the first week of placement if additional information is found. 28 When the child’s caseworker acquires new information which 29 could affect either the ability of the foster parent to care for the 30 child or the health and safety of the child or the foster family, the 31 department shall disclose that information to the foster parent. The 32 obligation to provide this information continues until the 33 placement ends. 34 35 Section 63-7-2380. The Department of Social Services shall 36 establish standards for foster parent training so as to ensure 37 uniform preparedness for foster parents who care for abused or 38 neglected children in the custody of the State. These standards 39 shall specifically prohibit the viewing of standard television 40 programs or reading of articles from popular magazines or daily 41 newspapers as complying with the completion of pre-service or 42 annual foster parent training requirements. 43

1 [4747] 110 1 Section 63-7-2390. A state agency which places a child in a 2 foster home may compensate a foster family, who has made its 3 private residence available as a foster home, for the uninsured loss 4 it incurs when its personal or real property is damaged, destroyed, 5 or stolen by a child placed in its home, if the loss is found by the 6 director of the placing state agency, or his designee, to have 7 occurred, to have been caused solely or primarily by the acts of the 8 child placed with the foster family, and if the acts of the foster 9 family have not in any way caused or contributed to the loss. 10 Compensation may not be in excess of the actual cost of repair or 11 replacement of the damaged or destroyed property but in no case 12 may compensation exceed five hundred dollars for each 13 occurrence. 14 15 Article 7 16 17 Termination of Parental Rights 18 19 Section 63-7-2510. The purpose of this article is to establish 20 procedures for the reasonable and compassionate termination of 21 parental rights where children are abused, neglected, or abandoned 22 in order to protect the health and welfare of these children and 23 make them eligible for adoption by persons who will provide a 24 suitable home environment and the love and care necessary for a 25 happy, healthful, and productive life. 26 27 Section 63-7-2520. The family court has exclusive jurisdiction 28 over all proceedings held pursuant to this article. For purposes of 29 this article jurisdiction may continue until the child becomes 30 eighteen years of age, unless emancipated earlier. 31 32 Section 63-7-2530. (A) A petition seeking termination of 33 parental rights may be filed by the Department of Social Services 34 or any interested party. 35 (B) The department may file an action for termination of 36 parental rights without first seeking the court’s approval of a 37 change in the permanency plan pursuant to Section 63-7-1680 and 38 without first seeking an amendment of the placement plan pursuant 39 to Section 63-7-1700. 40 41 Section 63-7-2540. A petition for the termination of parental 42 rights must set forth the: 43 (1) basis of the court’s jurisdiction;

1 [4747] 111 1 (2) name, sex, date, and place of birth of the child, if known; 2 (3) name and address of the petitioner and the petitioner’s 3 relationship to the child; 4 (4) names, dates of birth, and addresses of the parents, if 5 known; 6 (5) names and addresses of a: 7 (i) legal guardian of the child; or 8 (ii) person or agency having legal custody of the child; and 9 (6) grounds on which termination of parental rights are sought 10 and the underlying factual circumstances. 11 12 Section 63-7-2550. A summons and petition for termination of 13 parental rights must be filed with the court and served on: 14 (1) the child; 15 (2) the parents of the child; and 16 (3) an agency with placement or custody of the child. 17 18 Section 63-7-2560. (A) Parents, guardians, or other persons 19 subject to a termination of parental rights action are entitled to 20 legal counsel. Those persons unable to afford legal representation 21 must be appointed counsel by the family court, unless the 22 defendant is in default. 23 (B) A child subject to any judicial proceeding under this article 24 must be appointed a guardian ad litem by the family court. If a 25 guardian ad litem who is not an attorney finds that appointment of 26 counsel is necessary to protect the rights and interests of the child, 27 an attorney must be appointed. If the guardian ad litem is an 28 attorney, the judge must determine on a case-by-case basis whether 29 counsel is required for the guardian ad litem. However, counsel 30 must be appointed for a guardian ad litem who is not an attorney in 31 any case that is contested. 32 33 Section 63-7-2570. The family court may order the termination 34 of parental rights upon a finding of one or more of the following 35 grounds and a finding that termination is in the best interest of the 36 child: 37 (1) The child or another child in the home has been harmed as 38 defined in Section 63-7-20, and because of the severity or 39 repetition of the abuse or neglect, it is not reasonably likely that 40 the home can be made safe within twelve months. In determining 41 the likelihood that the home can be made safe, the parent’s 42 previous abuse or neglect of the child or another child in the home 43 may be considered.

1 [4747] 112 1 (2) The child has been removed from the parent pursuant to 2 Subarticle 3 or Section 63-7-1660, has been out of the home for a 3 period of six months following the adoption of a placement plan 4 by court order or by agreement between the department and the 5 parent, and the parent has not remedied the conditions which 6 caused the removal. 7 (3) The child has lived outside the home of either parent for a 8 period of six months, and during that time the parent has wilfully 9 failed to visit the child. The court may attach little or no weight to 10 incidental visitations, but it must be shown that the parent was not 11 prevented from visiting by the party having custody or by court 12 order. The distance of the child’s placement from the parent’s 13 home must be taken into consideration when determining the 14 ability to visit. 15 (4) The child has lived outside the home of either parent for a 16 period of six months, and during that time the parent has wilfully 17 failed to support the child. Failure to support means that the parent 18 has failed to make a material contribution to the child’s care. A 19 material contribution consists of either financial contributions 20 according to the parent’s means or contributions of food, clothing, 21 shelter, or other necessities for the care of the child according to 22 the parent’s means. The court may consider all relevant 23 circumstances in determining whether or not the parent has 24 wilfully failed to support the child, including requests for support 25 by the custodian and the ability of the parent to provide support. 26 (5) The presumptive legal father is not the biological father of 27 the child, and the welfare of the child can best be served by 28 termination of the parental rights of the presumptive legal father. 29 (6) The parent has a diagnosable condition unlikely to change 30 within a reasonable time including, but not limited to, alcohol or 31 drug addiction, mental deficiency, mental illness, or extreme 32 physical incapacity, and the condition makes the parent unlikely to 33 provide minimally acceptable care of the child. It is presumed that 34 the parent’s condition is unlikely to change within a reasonable 35 time upon proof that the parent has been required by the 36 department or the family court to participate in a treatment 37 program for alcohol or drug addiction, and the parent has failed 38 two or more times to complete the program successfully or has 39 refused at two or more separate meetings with the department to 40 participate in a treatment program. 41 (7) The child has been abandoned as defined in Section 42 63-7-20.

1 [4747] 113 1 (8) The child has been in foster care under the responsibility of 2 the State for fifteen of the most recent twenty-two months. 3 (9) The physical abuse of a child of the parent resulted in the 4 death or admission to the hospital for in-patient care of that child 5 and the abuse is the act for which the parent has been convicted of 6 or pled guilty or nolo contendere to committing, aiding, abetting, 7 conspiring to commit, or soliciting an offense against the person as 8 provided for in Title 16, Chapter 3, criminal domestic violence as 9 defined in Section 16-25-20, criminal domestic violence of a high 10 and aggravated nature as defined in Section 16-25-65, or the 11 common law offense of assault and battery of a high and 12 aggravated nature. 13 (10) A parent of the child pleads guilty or nolo contendere to or 14 is convicted of the murder of the child’s other parent. 15 (11) Conception of a child as a result of the criminal sexual 16 conduct of a biological parent, as found by a court of competent 17 jurisdiction, is grounds for terminating the rights of that biological 18 parent, unless the sentencing court makes specific findings on the 19 record that the conviction resulted from consensual sexual conduct 20 where neither the victim nor the actor were younger than fourteen 21 years of age nor older than eighteen years of age at the time of the 22 offense. 23 24 Section 63-7-2580. (A) If the court finds that a ground for 25 termination, as provided for in Section 63-7-2570, exists, the court 26 may issue an order forever terminating parental rights to the child. 27 Where the petitioner is an authorized agency, the court shall place 28 the child in the custody of the petitioner or other child-placing 29 agency for adoption and shall require the submission of a plan for 30 permanent placement of the child within thirty days after the close 31 of the proceedings to the court and to the child’s guardian ad litem. 32 Within an additional sixty days the agency shall submit a report to 33 the court and to the guardian ad litem on the implementation of the 34 plan. The court, on its own motion, may schedule a hearing to 35 review the progress of the implementation of the plan. 36 (B) If the court finds that no ground for termination exists and 37 the child is in the custody of the Department of Social Services, 38 the order denying termination must specify a new permanent plan 39 for the child or order a hearing on a new permanent plan. 40 (C) If the court determines that an additional permanency 41 hearing is not needed, the court may order: 42 (1) the child returned to the child’s parent if the parent has 43 counterclaimed for custody and the court determines that the return

1 [4747] 114 1 of the child to the parent would not cause an unreasonable risk of 2 harm to the child’s life, physical health or safety, or mental 3 well-being. The court may order a specified period of supervision 4 and services not to exceed twelve months; 5 (2) a disposition provided for in Section 63-7-1700(E) if the 6 court determines that the child should not be returned to a parent. 7 (D)(1) If the court determines that an additional permanency 8 hearing is required, the court’s order shall schedule a permanency 9 hearing to be held within fifteen days of the date the order is filed. 10 The court’s order must be sufficient to continue jurisdiction over 11 the parties without any need for filing or service of pleadings by 12 the department. The permanency hearing must be held before the 13 termination of parental rights trial if reasonably possible. 14 (2) At the hearing, the department shall present a proposed 15 disposition and permanent plan in accordance with Section 16 63-7-1700. No supplemental report may be required. The hearing 17 and any order issuing from the hearing shall conform to Section 18 63-7-1700. 19 (3) If the court approves retention of the child in foster care 20 pursuant to Section 63-7-1700(E), any new plan for services and 21 placement of the child must conform to the requirements of 22 Section 63-7-1680. Section 63-7-1680 requires the plan to address 23 conditions that necessitated removal of the child, but the plan 24 approved pursuant to this subsection shall address conditions that 25 necessitate retention of the child in foster care. 26 27 Section 63-7-2590. (A) An order terminating the relationship 28 between parent and child under this article divests the parent and 29 the child of all legal rights, powers, privileges, immunities, duties, 30 and obligations with respect to each other, except the right of the 31 child to inherit from the parent. A right of inheritance is 32 terminated only by a final order of adoption. 33 (B) The relationship between a parent and child may be 34 terminated with respect to one parent without affecting the 35 relationship between the child and the other parent. 36 37 Section 63-7-2600. All papers and records pertaining to a 38 termination of parental rights are confidential and all court records 39 must be sealed and opened only upon order of the judge for good 40 cause shown. 41

1 [4747] 115 1 Section 63-7-2610. The provisions of this article do not, except 2 as specifically provided, modify or supersede the general adoption 3 laws of this State. 4 5 Section 63-7-2620. This article must be liberally construed in 6 order to ensure prompt judicial procedures for freeing minor 7 children from the custody and control of their parents by 8 terminating the parent-child relationship. The interests of the child 9 shall prevail if the child’s interest and the parental rights conflict. 10 11 CHAPTER 9 12 13 Adoptions 14 15 Article 1 16 17 South Carolina Adoption Act 18 19 Subarticle 1 20 21 General Provisions 22 23 Section 63-9-10. This article may be cited as the ‘South Carolina 24 Adoption Act’. 25 26 Section 63-9-20. The purpose of this article is to establish fair 27 and reasonable procedures for the adoption of children and to 28 provide for the well-being of the child, with full recognition of the 29 interdependent needs and interests of the biological parents and the 30 adoptive parents. However, when the interests of a child and an 31 adult are in conflict, the conflict must be resolved in favor of the 32 child. Children may be adopted by or placed for adoption with 33 residents of South Carolina only, except in unusual or exceptional 34 circumstances. 35 36 Section 63-9-30. As used in this article unless the context 37 requires otherwise: 38 (1) ‘Adoptee’ means a person who is proposed to be or who 39 has been legally adopted. 40 (2) ‘Adoption’ means the judicial act of creating the 41 relationship of parent and child where it did not exist previously. 42 (3) ‘Adoptive parent’ means an adult who has become a parent 43 of a child through the legal process of adoption.

1 [4747] 116 1 (4) ‘Child’ means any person under eighteen years of age. 2 (5) ‘Child placing agency’ or ‘agency’ means the State 3 Department of Social Services and any person or entity who holds 4 legal or physical custody of a child for the purpose of placement 5 for adoption or a person or entity who facilitates the placement of 6 children for the purpose of adoption. For the purposes of this 7 subsection, a person or entity who offers services for compensation 8 where the intent of those services is to arrange or secure adoptions 9 must be considered ‘facilitating the placement of children for 10 adoption’, whether those services constitute counseling, referrals, 11 searches, or any other form of adoption services. However, an 12 attorney engaged in the practice of law who represents a client in 13 an adoption or who otherwise facilitates an adoption in the course 14 of that practice is exempt from this definition. 15 (6) ‘Consent’ means the informed and voluntary release in 16 writing of all parental rights with respect to a child by a parent for 17 the purpose of adoption, or the informed and voluntary release in 18 writing of all custodial or guardianship rights, or both, with respect 19 to a child by the child placing agency or person facilitating the 20 placement of the child for adoption where the child’s parent 21 previously has executed a relinquishment to that agency or person. 22 (7) ‘Court’ means any family court in this State. 23 (8) ‘Relinquishment’ means the informed and voluntary release 24 in writing of all parental rights with respect to a child by a parent 25 to a child placing agency or to a person who facilitates the 26 placement of a child for the purpose of adoption and to whom the 27 parent has given the right to consent to the adoption of the child. 28 (9) ‘South Carolina resident’ means a person who has 29 established a true, fixed principal residence and place of habitation 30 in this State, and who intends to remain or expects to return upon 31 leaving without establishing residence in another state. Temporary 32 absences for short periods of time do not affect the establishment 33 of residency. 34 (10) ‘Special needs child’ means children who fall into one or 35 more of the following categories: 36 (a) children who are members of a sibling group; 37 (b) children of mixed racial heritage; 38 (c) children aged six or older; or 39 (d) children with physical, mental, or emotional disabilities. 40 41 Section 63-9-40. (A) The family court has exclusive jurisdiction 42 over all proceedings held pursuant to this article. Proceedings for 43 adoption by residents of this State may be brought in the family

1 [4747] 117 1 court of the county in which the petitioner resides or is in military 2 service, or in the county in which the child resides or is born. For 3 nonresidents of this State proceedings for adoption must be 4 brought in the county in which the child resides, in which the child 5 is born, or in which the agency having custody of the child is 6 located. 7 (B) The family court may order a change of venue as in civil 8 proceedings in this State. 9 10 Section 63-9-50. Any child present within this State at the time 11 the petition for adoption is filed, irrespective of place of birth or 12 place of residence, may be adopted. 13 14 Section 63-9-60. (A)(1) Any South Carolina resident may 15 petition the court to adopt a child. Placement of children for 16 adoption pursuant to this article is limited to South Carolina 17 residents with exceptions being made in the following 18 circumstances only: 19 (a) the child is a special needs child, as defined by Section 20 63-9-30; 21 (b) there has been public notoriety concerning the child or 22 child’s family, and the best interests of the child would be served 23 by placement outside this State; 24 (c) the child is to be placed for adoption with a relative 25 related biologically or by marriage; 26 (d) at least one of the adoptive parents is in the military 27 service stationed in South Carolina; 28 (e) there are unusual or exceptional circumstances such that 29 the best interests of the child would be served by placement with 30 or adoption by nonresidents of this State; or 31 (f) the child has been in foster care for at least six months 32 after having been legally freed for adoption and no South Carolina 33 resident has been identified as a prospective adoptive home. 34 (2) Before a child is placed within or outside the boundaries of 35 this State for adoption with nonresidents of this State, compliance 36 with Article 11 (Interstate Compact on the Placement of Children) 37 is required, and a judicial determination must be made in this State 38 that one of the circumstances in items (a) through (f) of this section 39 applies, whether or not the adoption proceedings are instituted in 40 South Carolina. Additionally, in order to determine if any of the 41 circumstances in items (a) through (f) of this section apply so as to 42 permit placement with a nonresident for the purpose of adoption or 43 adoption by a nonresident, a petition may be brought for the

1 [4747] 118 1 determination before the birth of the child or before placement of 2 the child with the prospective adoptive parents. In ruling on this 3 question the court must include in its order specific findings of fact 4 as to the circumstances allowing the placement of a child with a 5 nonresident or the adoption of a child by a nonresident. The court 6 also must analyze the facts against the objective criteria 7 established in Sections 16-3-1060 and 63-9-310(F) and make 8 specific findings in accordance with the pertinent law and evidence 9 presented. The order resulting from this action does not prohibit or 10 waive the right to refuse to consent to a release of rights or 11 relinquish rights at later time nor to withdraw a consent or 12 relinquish at a later time as provided in this article. The order must 13 be merged with and made a part of any subsequent adoption 14 proceeding initiated in South Carolina. 15 (B) This section does not apply to a child placed by the State 16 Department of Social Services or any agency under contract with 17 the department for purposes of placing that child for adoption. 18 Neither the department nor its contractors may delay or deny the 19 placement of a child for adoption by a nonresident if that 20 nonresident has been approved for adoption of the child by another 21 state authorized to approve such placements pursuant to the 22 Interstate Compact on Placement of Children. The department 23 shall provide an opportunity for a hearing, in accordance with the 24 department’s fair hearing procedures, to a nonresident who 25 believes that the department, in violation of this section, has 26 delayed or denied placement of a child for adoption. 27 28 Subarticle 3 29 30 Consent and Relinquishment 31 32 Section 63-9-310. (A) Consent or relinquishment for the 33 purpose of adoption is required of the following persons: 34 (1) the adoptee, if over fourteen years of age, except where 35 the court finds that the adoptee does not have the mental capacity 36 to give consent, or that the best interests of the adoptee are served 37 by not requiring consent; and either 38 (2) the parents or surviving parent of a child conceived or 39 born during the marriage of the parents; or 40 (3) the mother of a child born when the mother was not 41 married; and either 42 (4) the father of a child born when the father was not 43 married to the child’s mother, if the child was placed with the

1 [4747] 119 1 prospective adoptive parents more than six months after the child’s 2 birth, but only if the father has maintained substantial and 3 continuous or repeated contact with the child as demonstrated by: 4 (a) payment by the father toward the support of the child 5 of a fair and reasonable sum, based on the father’s financial ability; 6 and either 7 (b) visits by the father to the child at least monthly when 8 the father is physically and financially able to do so, and when the 9 father is not prevented from doing so by the person or agency 10 having lawful custody of the child; or 11 (c) regular communication by the father with the child or 12 with the person or agency having lawful custody of the child, when 13 the father is physically and financially unable to visit the child, or 14 when the father is prevented from visiting the child by the person 15 or agency having lawful custody of the child. 16 The subjective intent of the father, if unsupported by evidence of 17 the acts specified in subitems (a), (b), and (c) of this item (4) of 18 subsection (A) of this section, does not preclude a determination 19 that the father failed to maintain substantial and continuous or 20 repeated contact with the child. In making this determination, the 21 court may not require a showing of diligent efforts by any person 22 or agency having lawful custody of the child to encourage the 23 father to perform the acts. A father of a child born when the father 24 was not married to the child’s mother, who openly lived with the 25 child for a period of six months within the one-year period 26 immediately preceding the placement of the child for adoption, and 27 who during the six-months period openly held himself out to be 28 the father of the child is considered to have maintained substantial 29 and continuous or repeated contact with the child for the purpose 30 of this item (4) of subsection (A) of this section; or 31 (5) the father of a child born when the father was not 32 married to the child’s mother, if the child was placed with the 33 prospective adoptive parents six months or less after the child’s 34 birth, but only if: 35 (a) the father openly lived with the child or the child’s 36 mother for a continuous period of six months immediately 37 preceding the placement of the child for adoption, and the father 38 openly held himself out to be the father of the child during the six 39 months period; or 40 (b) the father paid a fair and reasonable sum, based on the 41 father’s financial ability, for the support of the child or for 42 expenses incurred in connection with the mother’s pregnancy or

1 [4747] 120 1 with the birth of the child, including, but not limited to, medical, 2 hospital, and nursing expenses. 3 (B) Consent or relinquishment for the purpose of adoption is 4 required of the legal guardian, child placing agency, or legal 5 custodian of the child if authority to execute a consent or 6 relinquishment has been vested legally in the agency or person 7 and: 8 (1) both the parents of the child are deceased; or 9 (2) the parental rights of both the parents have been 10 judicially terminated. 11 (C) Consent is required of the child placing agency or person 12 facilitating the placement of the child for adoption if the child has 13 been relinquished for adoption to the agency or person. 14 (D) If the consent of a child placing agency required by this 15 subsection is not provided to any person eligible under Section 16 63-9-60, the agency has an affirmative duty to inform the person 17 who is denied consent of all of his rights for judicial review of the 18 denial. 19 (E) Consent or relinquishment for the purpose of adoption 20 given by a parent who is a child is not subject to revocation by 21 reason of the parent’s minority. 22 (F) Under no circumstances may a child-placing agency or any 23 person receive a fee, compensation, or any other thing of value as 24 consideration for giving a consent or relinquishment of a child for 25 the purpose of adoption and no child-placing agency or person 26 may receive a child for payment of such fee, compensation, or any 27 other thing of value. 28 However, costs may be assessed and payment made, subject to 29 the court’s approval, for the following: 30 (1) reimbursements for necessary, actual medical, and 31 reasonable living expenses incurred by the mother and child for a 32 reasonable period of time; 33 (2) the fee for obtaining investigations and reports as 34 required by Section 63-9-520; 35 (3) the fee of the individuals required to take the consent or 36 relinquishment, as required by Section 63-9-340(A); 37 (4) the fee of a guardian ad litem appointed pursuant to 38 Section 63-9-720; 39 (5) reasonable attorney’s fees and costs for actual services 40 rendered; 41 (6) reasonable fees to child-placing agencies; and

1 [4747] 121 1 (7) reasonable fees to sending agencies as defined in Section 2 63-9-2200(2)(b), the Interstate Compact on the Placement of 3 Children. 4 The court may approve an adoption while not approving 5 unreasonable fees and costs. 6 7 Section 63-9-320. (A) Notwithstanding the provisions of 8 Section 63-9-310, consent or relinquishment for the purpose of 9 adoption is not required of the following persons: 10 (1) a parent whose rights with reference to the adoptee have 11 been terminated pursuant to Article 7, Chapter 7; 12 (2) a parent whom the family court finds to be mentally 13 incapable of giving consent or relinquishment for the purpose of 14 adoption and whom the court finds to be unlikely to provide 15 minimally acceptable care of the adoptee and whose capacity is 16 unlikely to be restored for a reasonable period of time, and, in the 17 court’s judgment, it would be detrimental to the adoptee to delay 18 adoption. The court shall appoint a guardian ad litem for an 19 incompetent parent for whom there has been no prior appointment 20 and shall appoint independent counsel for an incompetent parent 21 who is indigent. However, upon good cause shown, the court may 22 waive the requirement for the appointment of independent counsel 23 for an incompetent and indigent parent; 24 (3) the biological parent of a child conceived as a result of 25 that parent’s criminal sexual conduct or incest as found by a court 26 of competent jurisdiction unless, with respect to a conviction for 27 criminal sexual conduct, the sentencing court makes specific 28 findings on the record that the conviction resulted from consensual 29 sexual conduct where neither the victim nor the actor were 30 younger than fourteen years of age nor older than eighteen years of 31 age at the time of the offense. 32 (B) A parent who has executed a relinquishment pursuant to 33 Section 63-9-330 to a person facilitating the adoption or to a child 34 placing agency for the purpose of adoption of his child is not 35 required to execute a separate consent document also. 36 37 Section 63-9-330. (A) Consent or relinquishment for the 38 purpose of adoption, pursuant to Section 63-9-310, must be made 39 by a sworn document, signed by the person or the head of the 40 agency giving consent or relinquishment after the birth of the 41 adoptee, and must specify the following: 42 (1) the permanent address of the person or agency making 43 the sworn written statement;

1 [4747] 122 1 (2) the date, time, and place of the signing of the statement; 2 (3) the date of birth, race, and sex of the adoptee and any 3 names by which the adoptee has been known; 4 (4) the relationship of the adoptee to the person or agency 5 giving consent or relinquishment; 6 (5) the name and address of the adoptee’s mother or father; 7 (6) that the consent or relinquishment by the person or 8 agency forfeits all rights and obligations of the person or agency 9 with respect to the named adoptee, including any future child 10 support obligation. Giving consent or relinquishment does not 11 relieve a person from the obligation to pay a child support 12 arrearage unless approved by the court; 13 (7) that consent or relinquishment once given must not be 14 withdrawn except by order of the court upon a finding that it is in 15 the best interests of the child, and that the consent or 16 relinquishment was not given voluntarily or was obtained under 17 duress or through coercion; and that the entry of the final decree 18 of adoption renders any consent or relinquishment irrevocable; 19 (8) that the person or agency giving the consent or 20 relinquishment understands that consent or relinquishment must 21 not be given if psychological or legal advice, guidance, or 22 counseling is needed or desired and that none is needed or desired; 23 (9) that the person or agency giving the consent or 24 relinquishment waives further notice of the adoption proceedings, 25 unless the proceedings are contested by another person or agency; 26 (10) that the person or agency giving the consent or 27 relinquishment is doing so voluntarily, and the consent or 28 relinquishment is not being obtained under duress or through 29 coercion; and 30 (11) that the person or agency giving the consent or 31 relinquishment has received a copy of the document. 32 (B) When a child placing agency accepts a relinquishment for 33 the purpose of adoption, which gives the agency the right to 34 consent to an adoption of the child, and which contains the 35 information required in subsection (A) of this section, the consent 36 of the agency for the purpose of adoption is not required to meet 37 the requirements of subsection (A). However, the sworn document 38 relinquishing the child must be filed with the court pursuant to 39 subsection (C) of Section 63-9-710. 40 41 Section 63-9-340. (A) The sworn document provided for in 42 Section 63-9-330, which gives consent or relinquishment for the

1 [4747] 123 1 purpose of adoption, must be signed in the presence of two 2 witnesses one of whom must be one of the following: 3 (1) a judge of any family court in this State; 4 (2) an attorney licensed to practice law in South Carolina 5 who does not represent the prospective adoption petitioners; 6 (3) a person certified by the State Department of Social 7 Services, pursuant to Section 63-9-360, to obtain consents or 8 relinquishments; 9 (4) when the consent or relinquishment is obtained outside 10 of this State, by an attorney licensed to practice law in that state, 11 by a person designated by an agency of that state, by a person or 12 agency authorized by that state’s law to obtain consents or 13 relinquishments or to conduct investigations for adoptions, or by a 14 qualified resident of that state authorized by a South Carolina 15 family court. When a consent or relinquishment is obtained 16 outside of this State, it may be accepted as valid in this State, 17 provided the court determines: 18 (a) the consent or relinquishment complies with the laws 19 of the state where it is obtained; and 20 (b) the relinquishing party or agency is domiciled in that 21 state at the time of the signing of the consent or relinquishment; or 22 (c) the content of the consent or relinquishment is in 23 substantial compliance with the intent of Section 63-9-330(A). 24 (B) The persons who witness the signing of the sworn 25 document, as provided for in subsection (A) of this section shall 26 attach to the document written certification signed by each witness 27 that before the signing of the document, the provisions of the 28 document were discussed with the person giving consent or 29 relinquishment, and that based on this discussion, it is each 30 witness’ opinion that consent or relinquishment is being given 31 voluntarily and that it is not being obtained under duress or 32 through coercion. 33 (C) A copy of the document must be delivered to the person 34 giving the consent or relinquishment at the time of the signing of 35 the document. 36 37 Section 63-9-350. Withdrawal of any consent or 38 relinquishment is not permitted except by order of the court after 39 notice and opportunity to be heard is given to all persons 40 concerned, and except when the court finds that the withdrawal is 41 in the best interests of the child and that the consent or 42 relinquishment was not given voluntarily or was obtained under 43 duress or through coercion. Any person attempting to withdraw

1 [4747] 124 1 consent or relinquishment shall file the reasons for withdrawal 2 with the family court. The entry of the final decree of adoption 3 renders any consent or relinquishment irrevocable. 4 5 Section 63-9-360. (A) With the exception of the persons 6 provided for in Section 63-9-340(A)(1), (2), and (4), any person 7 obtaining a consent or relinquishment for the purpose of adoption 8 must be certified by the State Department of Social Services. Any 9 person conducting an investigation for the adoption of a child 10 pursuant to Section 63-9-520 also must be certified by the 11 department. However, where the adoption petitioner or 12 prospective adoption petitioner is a nonresident of this State, a 13 South Carolina family court may authorize a qualified nonresident 14 to conduct any investigations required under Section 63-9-520. 15 (B) The department shall promulgate regulations to provide for 16 the following: certification of investigators; issuance, monitoring, 17 and revocation of certificates; and sanctioning of noncompliance 18 with regulations. Any person certified by the department may 19 charge a fee which may not exceed the reasonable costs of the 20 services rendered. The fee must be approved by the department 21 during the certification process. 22 (C) The department shall develop, revise, and publish quarterly 23 a directory of persons certified pursuant to this section. A 24 reasonable fee may be charged by the department for copies of this 25 directory. 26 27 Subarticle 5 28 29 Investigations and Reports 30 31 Section 63-9-510. Once a petitioner has received the adoptee 32 into his home and a petition for adoption has been filed, the 33 petitioner has temporary custody of the adoptee and is responsible 34 for the care, maintenance, and support of the adoptee, including 35 necessary medical or surgical treatment, except as provided in 36 Article 7. A postplacement investigation and report of this 37 investigation pursuant to Section 63-9-520 must be completed 38 before the final hearing. Unless the adoptee is removed pursuant 39 to Subarticle 3, Article 3, Chapter 7, when adoptive parents have 40 received the adoptee into their home for the purpose of adoption 41 but no petition has been filed pursuant to Section 63-9-710, the 42 child-placing agency shall secure an order from the family court 43 before removal of the child from the adoptive parents. At the

1 [4747] 125 1 hearing the burden of proof is on the child-placing agency to prove 2 that continued placement with the adoptive family is not in the 3 adoptee’s best interest. 4 5 Section 63-9-520. (A) Before the final hearing for adoption of 6 a child, investigations and reports must be completed in 7 accordance with the following: 8 (1) Before the placement of any child by any agency or by any 9 person with a prospective adoptive parent, a preplacement 10 investigation, a background investigation, and reports of these 11 investigations must be completed: 12 (a) preplacement investigations must answer all of the 13 following: 14 (i) whether the home of the prospective adoptive parent 15 is a suitable one for the placement of a child; 16 (ii) how the emotional maturity, finances, health, 17 relationships, and any other relevant characteristics of the 18 prospective adoptive parent affect the parent’s ability to accept, 19 care, and provide a child with an adequate environment as the 20 child matures; 21 (iii) whether the prospective adoptive parent has ever 22 been involved in any proceeding concerning allegedly neglected, 23 abandoned, abused, or delinquent children; 24 (iv) whether the prospective adoptive parent has 25 completed a course or counseling in preparation for adoption; 26 (v) whether the prospective adoptive parent is approved 27 for placement of a child for purposes of adoption, and if not 28 approved, a statement of the reasons for not approving the 29 prospective adoptive parent; and 30 (vi) any other information that is disclosed by the 31 investigation that would be of value to or would assist the court in 32 deciding the case; 33 (b) if the waiting period for an adoptive placement 34 exceeds one year from the date the preplacement investigation 35 report is completed, the report must be updated before the 36 placement of a child for the purpose of adoption to determine any 37 change in circumstances; 38 (c) A background information investigation and a report 39 of this investigation may not disclose the identity of the biological 40 parents of the adoptee and shall provide the following: 41 (i) a medical history of the biological family of the 42 adoptee, including parents, siblings, and other family members

1 [4747] 126 1 related to the adoptee including ages, sex, race, and any known 2 genetic, psychological, metabolic, or familial disorders; and 3 (ii) a medical and developmental history of the adoptee. 4 (d) notwithstanding any provision of this section, upon 5 good cause shown, the court in its discretion may permit the 6 temporary custody and placement of a child with a prospective 7 adoptive parent before the completion of the preplacement or 8 background investigation and reports required pursuant to this 9 article. 10 (2) A postplacement investigation and report of this 11 investigation must be completed after the filing of the adoption 12 petition. Copies of this report must be provided to the adoption 13 petitioner and must be filed with the court at the final hearing on 14 the adoption provided for in Section 63-9-750. A postplacement 15 investigation and report of this investigation must: 16 (a) answer all of the following: 17 (i) the race, sex, and age of the adoptee and whether 18 the child is a suitable child for adoption by the prospective 19 adoptive parent; 20 (ii) the reason for the adoptee’s placement away from 21 the biological parents; 22 (iii) whether the adoptee, if of appropriate age and 23 mental capacity, desires to be adopted; 24 (b) review and where indicated, investigate the allegations 25 of the adoption petition and its attachments and of the accounting 26 of disbursements required under Section 63-9-740; 27 (c) evaluate the progress of the placement of the adoptee; 28 and 29 (d) determine whether adoption by the petitioner is in the 30 best interests of the adoptee. 31 (B) The investigators and all persons participating in, 32 conducting, or associated with the preparation of reports required 33 under this section must be available for examination and 34 cross-examination by any party to an adoption proceeding 35 concerning the contents of and recommendations contained in the 36 reports. 37 38 Subarticle 7 39 40 Judicial Procedures 41 42 Section 63-9-710. (A) A petition for adoption shall specify:

1 [4747] 127 1 (1) the full name, age, address, and place of residence of 2 each petitioner, and, if married, the place and date of the marriage; 3 (2) when the petitioner acquired, or intends to acquire, 4 custody or placement of the child and from what person or agency; 5 (3) the date and place of birth of the child, if known; 6 (4) the name used for the child in the proceeding, and if a 7 change in name is desired, the new name; 8 (5) that it is the desire of the petitioner to establish the 9 relationship of parent and child between the petitioner and the 10 child, and that the petitioner is a fit and proper person and able to 11 care for the child and to provide for the child’s welfare; 12 (6) a full description and statement of value of all real 13 property and of any personal property of value owned or possessed 14 by the child; 15 (7) facts, if any, which excuse consent on the part of a parent 16 to the adoption or which excuse notice of the adoption proceedings 17 to a parent; 18 (8) facts, if any, which may permit placement with or 19 adoption by nonresidents of this State, pursuant to Section 20 63-9-60; 21 (9) the existence and nature of any prior court orders known 22 to the petitioner which affect the custody, support, or visitation of 23 the child; 24 (10) the relationship, if any, of each petitioner to the child; 25 and 26 (11) the name and address of the child placing agency or the 27 person facilitating placement of the child for adoption, if any. 28 (B) The petition must be filed within sixty days of the date the 29 adoptee is placed for the purpose of adoption in the home of the 30 petitioner. 31 (C) All of the following must be filed at the time the adoption 32 petition is filed or, after the filing, upon good cause shown: 33 (1) any consent or relinquishment required by Section 34 63-9-310; 35 (2) the preplacement investigation report; 36 (3) the background investigation report; 37 (4) a statement of all payments of money or anything of 38 value made within the past five years or agreed to be made in the 39 future by or on behalf of the petitioner to any person, agency, or 40 organization connected with the adoption that is not a 41 disbursement made and reported pursuant to Section 63-9-740. 42 (D) For purposes of this article, the petitioner may employ the 43 use of fictitious names where necessary to avoid disclosure of

1 [4747] 128 1 identities of parties or persons, so long as service of process or 2 notice is considered sufficient by the court. 3 4 Section 63-9-720. Before any hearing is held on the adoption or 5 any matter related to the adoption, the court shall appoint a 6 guardian ad litem for the adoptee as in other family court actions, 7 and the adoptee must be served with a copy of the pleadings. 8 However, if the adoptee is fourteen years of age or younger, the 9 child may be served by service upon his guardian ad litem or other 10 person with whom he resides. 11 12 Section 63-9-730. (A) Notice of any proceeding initiated 13 pursuant to this article must be given to the persons or agencies 14 specified in subsection (B) of this section, unless the person has 15 given consent or relinquishment or parental rights have been 16 terminated. 17 (B) The following persons or agencies are entitled to notice as 18 provided in subsection (A) of this section: 19 (1) any person adjudicated by a court in this State to be the 20 father of the child; 21 (2) any person or agency required to give consent or 22 relinquishment pursuant to subsections (A) or (B) of Section 23 63-9-310 from whom consent or relinquishment cannot be 24 obtained; 25 (3) the father of the child whose consent or relinquishment is 26 not required pursuant to items (4) or (5) of subsection (A) of 27 Section 63-9-310; 28 (4) any person who is recorded on the child’s birth 29 certificate as the child’s father; 30 (5) any person who is openly living with the child or the 31 child’s mother, or both, at the time the adoption proceeding is 32 initiated, and who is holding himself out to be the child’s father; 33 (6) any person who has been identified as the child’s father 34 by the mother in a sworn, written statement; and 35 (7) any person from whom consent or relinquishment is not 36 required pursuant to item (2) of subsection (A) of Section 37 63-9-320. 38 (C) Persons specified in subsection (B) of this section are not 39 entitled to notice if the child who is the subject of the adoption 40 proceeding was conceived as a result of criminal sexual conduct or 41 incest. 42 (D) Any person or agency entitled to notice pursuant to this 43 section must be given notice that adoption proceedings have been

1 [4747] 129 1 initiated. Notice must be given in the manner prescribed by law 2 for personal service of summons in civil actions. If notice cannot 3 be effected by personal service, notice may be given by publication 4 or by the manner the court decides will provide notice. 5 (E) Notice given pursuant to this section must include notice of 6 the following: 7 (1) within thirty days of receiving notice the person or 8 agency shall respond in writing by filing with the court in which 9 the adoption is pending notice and reasons to contest, intervene, or 10 otherwise respond; 11 (2) the court must be informed of the person’s or agency’s 12 current address and of any changes in address during the adoption 13 proceedings; and 14 (3) failure to file a response within thirty days of receiving 15 notice constitutes consent to adoption of the child and forfeiture of 16 all rights and obligations of the person or agency with respect to 17 the child. 18 (F) When notice of intent to contest, intervene, or otherwise 19 respond is filed with the court within the required time period, the 20 person or agency must be given an opportunity to appear and to be 21 heard before the final hearing on the merits of the adoption. 22 (G) Petitioners must be notified by the court of notice and 23 reasons to contest, intervene, or otherwise respond, and petitioners 24 also must be given the opportunity to be represented or to appear 25 and to be heard at any hearing held relating to the adoption. 26 27 Section 63-9-740. (A) At the final hearing on the adoption, the 28 petitioner shall file a full, itemized accounting of disbursements of 29 anything of value made, agreed to be made, or anticipated being 30 made by or on behalf of the petitioner for expenses incurred or fees 31 for services rendered in connection with the adoption. The 32 accounting must be verified by the petitioner under penalty of 33 perjury. 34 (B) The accounting by the petitioner must include: 35 (1) dates and amounts of disbursements made, agreed to be 36 made, or anticipated being made and by whom the disbursements 37 were or are to be made; 38 (2) names and addresses of persons to whom the 39 disbursements were made or are to be made; 40 (3) services received for the disbursements and by whom the 41 services were received; 42 (4) receipts for reasonable living expenses incurred by the 43 mother and child assessed as costs under Section 63-9-310(F)(1).

1 [4747] 130 1 No assessment is allowed for a cost which does not have a 2 corresponding receipt or which is unreasonable. 3 4 Section 63-9-750. (A) The final hearing on the adoption 5 petition must not be held before ninety days and no later than six 6 months after the filing of the adoption petition. In the case of a 7 special needs child, the hearing must not be held before ninety 8 days and no later than twelve months after the filing of the 9 adoption petition. In its discretion, upon good cause shown, the 10 court may extend, or in the case of a special needs child extend or 11 shorten the time within which the final hearing on the adoption 12 petition may be held. 13 (B) Upon satisfactory examination by the court of the record, 14 including the reports required in Section 63-9-520, and following 15 the final hearing on the adoption petition the court shall issue an 16 order granting the adoption if it finds that: 17 (1) the adoptee has been in the actual custody of the 18 petitioner for a period of ninety days unless the court finds as 19 provided in subsection (A) that there is good cause for modifying 20 the time within which the final hearing may be held; 21 (2) all necessary consents or relinquishments for the purpose 22 of adoption have been obtained; 23 (3) notice of the adoption proceeding has been given to all 24 persons entitled to receive notice under Sections 63-9-310 and 25 63-9-730, and any hearing resulting from the notice has been held 26 and handled according to the satisfaction of the court; 27 (4) the disbursements made and accounted for pursuant to 28 Section 63-9-740 are reasonable costs for expenses incurred or for 29 fees for services rendered; 30 (5) the petitioner is a fit and proper person and able to care 31 for the child and to provide for the child’s welfare, and the 32 petitioner desires to establish the relationship of parent and child 33 with the adoptee; 34 (6) the best interests of the adoptee are served by the 35 adoption; and 36 (7) if the petitioner is a nonresident of this State, the findings 37 pursuant to Section 63-9-50 are included in the order, and there has 38 been compliance with Article 11 (Interstate Compact on the 39 Placement of Children). 40 (C) The court shall enter its findings in a written decree which 41 shall also include the new name of the adoptee, if appropriate, and 42 may not include any other name by which the adoptee has been 43 known or the names of the biological or presumed parents of the

1 [4747] 131 1 adoptee. The final adoption decree shall order what effect, if any, 2 the adoption has on the legal rights and responsibilities of the 3 adoptee’s biological parents, that the adoptee is the child of the 4 petitioner, and that the adoptee must be accorded the status 5 provided for in Section 63-9-760. 6 7 Section 63-9-760. (A) After the final decree of adoption is 8 entered, the relationship of parent and child and all the rights, 9 duties, and other legal consequences of the natural relationship of 10 parent and child exist between the adoptee, the adoptive parent, 11 and the kindred of the adoptive parent. 12 (B) After a final decree of adoption is entered, the biological 13 parents of the adoptee are relieved of all parental responsibilities 14 and have no rights over the adoptee. 15 (C) Notwithstanding any other provision to the contrary in this 16 section, the adoption of a child by an adoptive parent does not in 17 any way change the legal relationship between the child and either 18 biological parent of the child whose parental responsibilities and 19 rights are not expressly affected by the final decree. 20 (D) The validity of the final decree of adoption is not affected 21 by an agreement entered into before the adoption between adoptive 22 parents and biological parents concerning visitation, exchange of 23 information, or other interaction between the child and any other 24 person. Such an agreement does not preserve any parental rights 25 with the biological parents and does not give to them any rights 26 enforceable in the courts of this State. 27 28 Section 63-9-770. (A) Except as provided in subsection (B), 29 after the final order, judgment, or decree of adoption is entered, no 30 party to an adoption proceeding, and no one claiming under a 31 party, may question the validity of the adoption because of any 32 defect or irregularity, jurisdictional or otherwise, in the 33 proceeding, and a party, and anyone claiming under a party, is 34 fully bound by the order. No adoption may be attacked either 35 directly or collaterally because of any procedural or other defect by 36 anyone who was not a party to the adoption. The failure on the part 37 of the court or an agency to perform duties or acts within the time 38 required by this article does not affect the validity of any adoption 39 proceeding. 40 (B) A party to an adoption proceeding may appeal a final order, 41 judgment, or decree of adoption in the manner provided for 42 appeals from the court in other family court matters. In addition, 43 this section may not be construed to preclude a court’s inherent

1 [4747] 132 1 authority to grant collateral relief from a judgment on the ground 2 of extrinsic fraud. For purposes of this subsection, ‘extrinsic fraud’ 3 is fraud that induces a person not to present a case or deprives a 4 person of the opportunity to be heard. However, a court is under no 5 obligation to grant a person relief from a judgment based upon 6 extrinsic fraud if the person might have prevented the judgment by 7 the exercise of proper diligence. 8 9 Section 63-9-780. (A) Unless the court otherwise orders, all 10 hearings held in proceedings under this article and Article 7 are 11 confidential and must be held in closed court without admittance 12 of any person other than those persons involved in the proceedings 13 and their counsel. 14 (B) All papers and records pertaining to the adoption and filed 15 with the clerk of court are confidential from the time of filing and 16 upon entry of the final adoption decree must be sealed and kept as 17 a permanent record of the court and withheld from inspection. No 18 person may have access to the records except for good cause 19 shown by order of the judge of the court in which the decree of 20 adoption was entered. 21 (C) All files and records pertaining to the adoption proceedings 22 in the State Department of Social Services, or in any authorized 23 agency, or maintained by any person certified by the department 24 under the provisions of Section 63-9-360, are confidential and 25 must be withheld from inspection except upon court order for good 26 cause shown. 27 (D) The provisions of this section must not be construed to 28 prevent any adoption agency from furnishing to adoptive parents, 29 biological parents, or adoptees nonidentifying information when in 30 the sole discretion of the chief executive officer of the agency the 31 information would serve the best interests of the persons 32 concerned either during the period of placement or at a subsequent 33 time nor must the provisions of this article and Article 7 be 34 construed to prevent giving nonidentifying information to any 35 other person, party, or agency who in the discretion of the chief 36 executive officer of the agency has established a sufficient reason 37 justifying the release of that nonidentifying information. As used 38 in this subsection ‘nonidentifying information’ includes but is not 39 limited to the following: 40 (1) the health and medical histories of the biological 41 parents; 42 (2) the health and medical history of the adoptee;

1 [4747] 133 1 (3) the adoptee’s general family background without name 2 references or geographical designations; and 3 (4) the length of time the adoptee has been in the care and 4 custody of the adoptive parent. 5 (E)(1) The public adoption agencies responsible for the 6 placement shall furnish to an adoptee the identity of the adoptee’s 7 biological parents and siblings and to the biological parents and 8 siblings the identity of the adoptee under the following conditions: 9 (a) the adoptee must be twenty-one years of age or older, 10 and the applicants shall apply in writing to the adoption agency for 11 the information; 12 (b) the adoption agency must have a current file 13 containing affidavits from the adoptee and the biological parents 14 and siblings that they are willing to have their identities revealed to 15 each other. The affidavit also must include a statement releasing 16 the agency from any liability due to the disclosure. It is the 17 responsibility of the person furnishing the affidavit to advise the 18 agency of a change in his status, name, and address; 19 (c) the adoption agency shall establish and maintain a 20 confidential register containing the names and addresses of the 21 adoptees and biological parents and siblings who have filed 22 affidavits. It is the responsibility of a person whose name and 23 address are in the register to provide the agency with his current 24 name and address; 25 (d) the adoptee and his biological parents and siblings 26 shall undergo counseling by the adoption agency concerning the 27 effects of the disclosure. The adoption agency may charge a fee 28 for the services, but services must not be denied because of 29 inability to pay. 30 (2) No disclosure may be made within thirty days after 31 compliance with these conditions. The director of the adoption 32 agency may waive the thirty-day period in extreme circumstances. 33 (3) The adoption agency may delay disclosure for twenty 34 days from the expiration of the thirty-day period to allow time to 35 apply to a court of competent jurisdiction to enjoin the disclosure 36 for good cause shown. 37 (F)(1) It is unlawful for a person having custody of or access to 38 the papers, records, or files described in subsections (B) or (C) to 39 disseminate or permit dissemination of information contained in 40 them except as otherwise authorized in this section. 41 (2) A person who violates the provisions of this section is 42 guilty of a misdemeanor and, upon conviction, must be fined not

1 [4747] 134 1 more than five hundred dollars or imprisoned for not more than six 2 months, or both. 3 4 Section 63-9-790. (A) For each adoption handled through a 5 child placing agency as defined in Section 63-9-30, the attorney for 6 the petitioner shall, within fifteen days of the filing of the final 7 decree, transmit to the appropriate agency a certified copy of the 8 adoption decree and a Certificate of Adoption with Part II 9 completed and verified by the adoptive parent and Part III certified 10 by the clerk of court. The agency shall complete Part I of the 11 Certificate of Adoption and transmit the form to the State Registrar 12 of Vital Statistics within thirty days of the filing of the final 13 decree. 14 (B) For other adoptions, the attorney for the petitioner shall 15 complete Parts I and II of the Certificate of Adoption form 16 provided by the State Registrar of Vital Statistics and file with the 17 clerk of court at the time of filing of the final decree. The clerk of 18 court shall certify Part III of the Certificate of Adoption and 19 transmit the form to the State Registrar within thirty days of the 20 filing of the final decree. 21 (C) In the case of a person who was born in a foreign country 22 and who was not a United States citizen at birth, the court shall 23 require evidence from sources determined to be reliable by the 24 court as to the date and place of birth of the person and shall set 25 forth in the order of the court the date and place of birth as 26 established by the evidence. The court order and evidence 27 submitted to the court must be attached to the Certificate of 28 Adoption and transmitted to the State Registrar. 29 (D) The Certificate of Adoption form provided by the State 30 Registrar must not be used in conjunction with any legal procedure 31 affecting a birth certificate other than adoption. 32 (E) The State Registrar, upon receipt of a certified Certificate 33 of Adoption, shall take action as provided by Section 44-63-140 34 with respect to the issuance and filing of an amended certificate. 35 36 Subarticle 9 37 38 Foreign Adoptions 39 40 Section 63-9-910. (A) Notwithstanding the provisions of 41 Section 63-9-790(A) and (B), in the case of a child born in a 42 foreign country who was not a United States citizen at birth and 43 whose adoption was finalized in a foreign country, the court shall

1 [4747] 135 1 review the documentation as required by this section and, if it finds 2 the documentation to be satisfactory, shall issue an order stating 3 that the documentation required by this section has been submitted 4 and is satisfactory and that the foreign adoption must be 5 recognized and domesticated in South Carolina. The court shall 6 transmit the order and the certificate of adoption to the State 7 Registrar of Vital Statistics without the necessity of a hearing 8 unless the court finds the documentation submitted pursuant to 9 subsection (B) is unsatisfactory and such finding is stated in the 10 order resulting from the hearing. 11 (B) Documentation required to be submitted to the court 12 includes, but is not limited to: 13 (1) a verified petition seeking domestication of the foreign 14 adoption; 15 (2) a post foreign adoption home study completed by a 16 person certified pursuant to Section 63-9-360 which evaluates the 17 adjustment and progress of the child and family since adoption; 18 (3) naturalization papers, if available; 19 (4) other documentation as the court may request as stated in 20 materials developed pursuant to subsection (C). 21 (C) Court administration in consultation with the Department 22 of Health and Environmental Control shall develop petition forms, 23 including documentation required to be filed with the petition, and 24 guidelines for obtaining the domestication of a foreign adoption. 25 These forms and guidelines must be available to the public upon 26 request at all county clerks of court offices and at Department of 27 Health and Environmental Control offices. 28 (D) The state registrar, upon receipt of the order and certificate 29 of adoption shall take action as provided in Section 44-63-140 with 30 respect to the issuance and filing of an amended certificate of birth. 31 32 Section 63-9-920. When the relationship of parent and child 33 has been created by a decree of adoption of a court of any other 34 state or nation, the rights and obligations of the parties as to 35 matters within the jurisdiction of this State must be determined by 36 Section 63-9-760. 37 38 Subarticle 11 39 40 Stepparent, Relative, and Adult Adoptions 41

1 [4747] 136 1 Section 63-9-1110. Any person may adopt his spouse’s child, 2 and any person may adopt a child to whom he is related by blood 3 or marriage. In the adoption of these children: 4 (1) no investigation or report required under the provisions of 5 Section 63-9-520 is required unless otherwise directed by the 6 court; 7 (2) no accounting by the petitioner of all disbursements 8 required under the provisions of Section 63-9-740 is required 9 unless the accounting is ordered by the court; 10 (3) upon good cause shown, the court may waive the 11 requirement, pursuant to Section 63-9-750, that the final hearing 12 must not be held before ninety days after the filing of the adoption 13 petition; and 14 (4) upon good cause shown, the court may waive the 15 requirement, pursuant to Section 63-9-320(A)(2), of the 16 appointment of independent counsel for an indigent parent. 17 18 Section 63-9-1120. An adult person may be adopted by another 19 adult person with the consent of the person to be adopted or his 20 guardian and with the consent of the spouse, if any, of a sole 21 adoptive parent, filed in writing with the court. The provisions of 22 Section 62-2-109 and Sections 63-9-30 through 63-9-760, 23 excluding Section 63-9-740, do not apply to the adoption of an 24 adult person. A petition for the adoption must be filed with the 25 family court in the county where the adoptive parents reside. After 26 a hearing on the petition and after those investigations as the court 27 considers advisable, if the court finds that it is in the best interests 28 of the persons involved, a decree of adoption may be entered 29 which has the legal consequences stated in Section 62-2-109. 30 31 Article 3 32 33 State Adoption Services 34 35 Section 63-9-1310. It is the purpose of this article to achieve the 36 objective of the best interests of the child, as the primary client. 37 Adoption programs must be structured so that all questions of 38 interpretation are resolved with that objective in mind. To achieve 39 this objective, adoption services must be delivered in the most 40 effective and cost-efficient manner with assurances for the 41 provision of quality services. 42

1 [4747] 137 1 Section 63-9-1320. The Adoption and Birth Parent Services 2 Program within the South Carolina Department of Social Services 3 is the only public adoption program in South Carolina. 4 5 Section 63-9-1330. The Department of Social Services shall 6 administer an adoption program on behalf of the State. Adoption 7 services must be available statewide. The adoption program 8 provided by the department must be a centrally administered state 9 program. The department shall designate regions which will be 10 administered by the state office. The adoption unit shall constitute 11 a separate and distinct unit within the department so as to assure 12 specialization of effort and effective access to the department 13 director. This unit must be staffed with qualified personnel 14 professionally trained in the social work or other related fields. 15 The department shall continually evaluate its staffing, functions, 16 policies, and practices on the basis of nationally recognized 17 standards. A committee to advise the department on all children’s 18 services must be appointed by the department director. Persons 19 appointed to the committee must be knowledgeable on adoption, 20 protective services, foster care, and other children’s services. 21 22 Section 63-9-1340. (A) The General Assembly finds that there 23 should no longer be two public adoption agencies in South 24 Carolina and that a single system within a comprehensive 25 children’s services agency is needed to assure that public adoption 26 services are provided in the most effective and efficient manner. 27 Therefore, the functions of the Children’s Bureau of South 28 Carolina are transferred to the adoption program within the 29 Department of Social Services. 30 (B) The public adoption agency shall monitor and evaluate all 31 public placements so as to insure that placements are suitable and 32 in the best interests of the child. Any administrative costs savings 33 accrued through the establishment of a single public adoptive 34 system must be directed into the provision of adoption services. 35 36 Section 63-9-1350. The department shall take all actions 37 necessary to achieve accreditation of its adoption program by a 38 nationally recognized accreditation organization, such as the 39 Council on Accreditation of Services for Families and Children, as 40 soon as practicable. 41 42 Section 63-9-1360. (A) The Department of Social Services, 43 before it may accept as a client a parent or parents, or prospective

1 [4747] 138 1 parent or parents who wish to relinquish their child for adoption, 2 must first provide them with an informational brochure which 3 outlines the services available from and the procedure used to 4 select adoptive parents by the department and by the licensed 5 private adoption agencies in this State. It must also contain a 6 listing of the licensed private adoption agencies in this State. The 7 information contained in the brochure relating to the private 8 adoption agencies must be jointly authored by the private adoption 9 agencies and furnished to the department. 10 (B) The department may not accept in subsection (A) persons 11 as clients until a period of forty-eight hours has elapsed from the 12 time they are furnished this brochure, and the department upon 13 accepting these persons as clients must have them sign an 14 affirmative statement that they have received this brochure and this 15 statement must be kept in the adoption file maintained by the 16 department. 17 18 Section 63-9-1370. (A) The department shall establish fees for 19 certain adoption and related services. The fees must be charged on 20 a scale related to income as established by the state board, but the 21 inability to pay a fee does not preclude the providing of any 22 service. 23 (B) A fee may not be charged for the placement of a child with 24 special needs, as defined in Section 63-9-30, into an adoptive 25 home. 26 (C) Fees collected under this section must be forwarded to the 27 State Treasurer who shall hold them in a separate account. These 28 funds may be expended only as provided for by the General 29 Assembly. Of the funds authorized to be expended, not less than 30 seventy-five percent must be used for the sole purpose of paying 31 for the medical and maternity home expenses incurred by clients: 32 (1) who are pregnant; 33 (2) who have requested the services of the Department of 34 Social Services in planning for permanence for their child; and 35 (3) for whom other public or private funds are not available, 36 and the remainder of the funds may be used to defray other 37 operating expenses related to adoption service delivery. 38 39 Article 5 40 41 Statewide Adoption Exchange 42

1 [4747] 139 1 Section 63-9-1510. (A) The State Department of Social 2 Services shall establish, either directly or through purchase of 3 services, a statewide adoption exchange with a photograph listing 4 component. 5 (B) The adoption exchange must be available to serve all 6 authorized, licensed child-placing agencies in the State as a means 7 of recruiting adoptive families for any child who meets one or 8 more of the following criteria: 9 (1) the child is legally free for adoption; 10 (2) the child has been permanently committed to the 11 department or to a licensed child-placing agency; 12 (3) the court system requires identification of an adoptive 13 family for the child before ties to the biological parents are 14 severed; 15 (4) the department has identified adoption as the child’s 16 treatment plan. 17 (C) The department shall register with the adoption exchange 18 each child in its care who meets any one or more of the above 19 criteria and for whom no adoptive family has been identified. This 20 registration must be made at least thirty days from the 21 determination date of the child’s adoptable status and updated at 22 least monthly. 23 (D) If an adoption plan has not been made within at least three 24 months from the determination date of the child’s adoptable status, 25 the department shall provide the adoption exchange with a 26 photograph, description of the child, and any other necessary 27 information for the purpose of recruitment of an adoptive family 28 for the child, including registration with the photograph listing 29 component of the exchange which must be updated monthly. The 30 department shall establish criteria by which a determination may 31 be made that recruitment or photograph listing is not required for a 32 child. The department also shall establish procedures for 33 monitoring the status of children for whom that determination is 34 made. 35 (E) In accordance with guidelines established by the 36 department, the adoption exchange may accept from licensed 37 child-placing agencies, referrals and registration for recruitment 38 and photograph listing of children meeting the criteria of this 39 section. 40 (F) The department shall refer appropriate children to regional 41 and national exchanges when an adoptive family has not been 42 identified within one hundred eighty days of the determination of 43 the child’s adoptable status. The department shall establish criteria

1 [4747] 140 1 by which a determination may be made that a referral to regional 2 or national exchanges is not necessary, and the department shall 3 monitor the status of those children not referred. 4 (G) The department shall provide orientation and training to 5 appropriate staff regarding the adoption exchange procedures and 6 utilization of the photograph listing component. 7 8 Article 7 9 10 Supplemental Benefits to Assure Adoption 11 12 Section 63-9-1700. This article may be cited as the ‘South 13 Carolina Adoption Supplemental Benefits Act’. 14 15 Section 63-9-1710. The purpose of this article is to supplement 16 the South Carolina adoption law by making possible through 17 public supplemental benefits the most appropriate adoption of each 18 child certified by the Department of Social Services as requiring a 19 supplemental benefit to assure adoption. 20 21 Section 63-9-1720. As used in this article: 22 (1) ‘Child’ means an individual up to twenty-one years of age. 23 (2) ‘Supplemental benefits’ means payments made by the State 24 Department of Social Services to provide services, including 25 medical subsidies for payment for treatment pursuant to Section 26 63-9-1780, for children who without these services may not have 27 been adopted;. 28 (3) ‘Department’ means the Department of Social Services. 29 30 Section 63-9-1730. The department shall establish and 31 administer an ongoing program of supplemental benefits for 32 adoption. Supplemental benefits and services for children under 33 this program must be provided out of funds appropriated to the 34 department for these purposes. 35 36 Section 63-9-1740. At the time of placement for adoption, the 37 department shall inform in writing the prospective adoptive parents 38 of the: 39 (1) availability of supplemental benefits; 40 (2) conditions for which the supplemental benefits are 41 available; 42 (3) procedure for application for supplemental benefits. 43

1 [4747] 141 1 Section 63-9-1750. In order for a child to be eligible for 2 supplemental benefits the department shall determine that the child 3 legally is free for adoption, the child has been placed for adoption 4 by the department, and one of the following provisions applies to 5 the child: 6 (1) is a special needs child pursuant to Section 63-9-30; 7 (2) is at high risk of developing a physical, mental, or 8 emotional disability; 9 (3) is one for whom other factors, as determined by the 10 department, interfere with the child’s ability to be placed for 11 adoption; 12 (4) has established significant emotional ties with prospective 13 adoptive parents while in their care as a foster child, and it is 14 considered by the agency to be in the best interest of the child to be 15 adopted by the foster parents. 16 17 Section 63-9-1760. A child meeting criteria specified in Section 18 63-9-1750 for whom the department believes supplemental 19 benefits are necessary to improve opportunities for adoption is 20 eligible for the program. The agency shall document that 21 reasonable efforts have been made to place the child in adoption 22 without supplemental benefits through the use of adoption resource 23 exchanges, recruitment, and referral to appropriate specialized 24 adoption agencies. 25 26 Section 63-9-1770. (A) When the department determines that a 27 child is eligible for supplemental benefits, a written agreement 28 must be executed between the parents and the department. 29 (B) In individual cases supplemental benefits may begin with 30 the adoptive placement or at the appropriate time after the adoption 31 decree and will vary with the needs of the child as well as the 32 availability of other resources to meet the child’s needs. 33 (C) The supplemental benefits may be for special services only, 34 or for money payments, and either for a limited period, for a long 35 term, or for a combination of them. The amount of time-limited, 36 long-term supplemental benefits may not exceed that which 37 currently would be allowable for the child under foster family care 38 or, in the case of a special service, the reasonable fee for the 39 service rendered. 40 (D) When supplemental benefits last for more than one year the 41 adoptive parents shall certify that the child remains under the 42 parents’ care and that the child’s need for supplemental benefits 43 continues. Based on the certification and investigation by the

1 [4747] 142 1 agency and available funds, the agency may approve continued 2 supplemental benefits. These benefits may be extended so long as 3 the continuing need of the child is verified and the child is the 4 legal dependent of the adoptive parents. 5 (E) A child who is certified as eligible for supplemental 6 benefits remains eligible and shall receive supplemental benefits, if 7 necessary for adoption, regardless of the domicile or residence of 8 the adopting parents at the time of application for adoption, 9 placement, legal decree of adoption, or after adoption. 10 11 Section 63-9-1780. Only certain children who have been 12 certified as eligible for supplemental benefits may receive 13 payments for medical, rehabilitative, or other treatment services 14 under their supplemental benefits certification. To receive these 15 payments, a child shall fall into one of the following categories: 16 (1) receiving payments for medical, rehabilitative, or other 17 treatment services immediately before adoption for a physical, 18 mental, or emotional condition; 19 (2) identified before adoption as being at a high risk for 20 developing a physical, mental, or emotional condition in the 21 future; or 22 (3) with a physical, mental, or emotional condition diagnosed 23 after adoption if the condition existed before adoption but was not 24 recognized or if substantial risk factors for the condition existed 25 before adoption but were not recognized. 26 27 Section 63-9-1790. A decision concerning supplemental benefits 28 by the department which the adoptive parents consider adverse to 29 the child is reviewable according to department regulations. 30 31 Section 63-9-1800. Supplemental benefits may not end solely 32 because the death or disability of the adoptive parents requires 33 placement of the adopted child with another caregiver. The 34 caregiver of the adopted child has the rights and duties imposed on 35 the adoptive parents in this article. 36 37 Section 63-9-1810. The department shall promulgate regulations 38 to carry out the provisions of this article. 39 40 Article 9 41 42 Interstate Compact for Adoption and Medical Assistance 43

1 [4747] 143 1 Section 63-9-2000. (A) The Department of Social Services may 2 develop, participate in the development of, negotiate, and enter 3 into one or more interstate compacts on behalf of this State with 4 other states to implement one or more of the purposes set forth in 5 this article. The compact has the effect of law. 6 (B) For the purposes of this article: 7 (1) ‘State’ means a state of the United States, the District of 8 Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 9 Guam, the Commonwealth of the Northern Mariana Islands, or a 10 territory or possession of or administered by the United States. 11 (2) ‘Adoption assistance state’ means the state that is 12 signatory to an adoption assistance agreement in a particular case. 13 (3) ‘Residence state’ means the state of which the child is a 14 resident by virtue of the residence of the adoptive parents. 15 16 Section 63-9-2010. A compact entered into pursuant to the 17 authority conferred by this article must contain: 18 (1) a provision making it available for joinder by all states; 19 (2) a provision for withdrawal from the compact upon written 20 notice to the parties but one year between the date of the notice and 21 the effective date of the withdrawal; 22 (3) a requirement that the protections afforded by or pursuant 23 to the compact continue in force for the duration of the adoption 24 assistance and be applicable to all children and their adoptive 25 parents who on the effective date of the withdrawal are receiving 26 adoption assistance from a party state other than the one in which 27 they are resident and have their principal place of abode; 28 (4) a requirement that each instance of adoption assistance to 29 which the compact applies be covered by an adoption assistance 30 agreement in writing between the adoptive parents and the state 31 child welfare agency of the state which undertakes to provide the 32 adoption assistance, and that the agreement be expressly for the 33 benefit of the adopted child and enforceable by the adoptive 34 parents and the state agency providing the adoption assistance; 35 (5) other provisions as may be appropriate to implement the 36 proper administration of the compact. 37 38 Section 63-9-2020. A compact entered into pursuant to the 39 authority conferred by this article may contain provisions in 40 addition to those required by Section 63-9-2010 as follows: 41 (1) establishing procedures and entitlements to medical, 42 developmental, child care, or other social services for the child in 43 accordance with applicable laws, even though the child and the

1 [4747] 144 1 adoptive parents are in a state other than the one responsible for or 2 providing the services or the funds to defray part or all of the costs 3 of the services; 4 (2) other provisions as may be appropriate or incidental to the 5 proper administration of the compact. 6 7 Section 63-9-2030. (A) A child with special needs who is a 8 resident in the State who is the subject of an adoption assistance 9 agreement with another state may receive medical assistance 10 identification from this State upon the filing with the Department 11 of Social Services of a certified copy of the agreement obtained 12 from the adoption assistance state. In accordance with regulations 13 of the department, the adoptive parents at least annually shall show 14 that the agreement is still in force or has been renewed. 15 (B) The Department of Health and Human Services shall 16 consider the holder of medical assistance identification pursuant to 17 this section as any other holder of medical assistance identification 18 under the laws of this State and shall process and make payment 19 on claims on account of the holder in the same manner and 20 pursuant to the same conditions and procedures as for other 21 recipients of medical assistance. 22 (C) The Department of Health and Human Services or the 23 Department of Social Services shall provide coverage and benefits 24 for a child who is in another state and who is covered by an 25 adoption assistance agreement made by the department for the 26 coverage or benefits, if any, not provided by the residence state. 27 To this end, the adoptive parents acting for the child may submit 28 evidence of payment for services or benefit amounts not payable in 29 the residence state and must be reimbursed for them. However, 30 there is no reimbursement for services or benefit amounts covered 31 under insurance or other third party medical contract or 32 arrangement held by the child or the adoptive parents. The 33 department shall promulgate regulations implementing this 34 subsection. The additional coverages and benefit amounts 35 provided pursuant to this subsection are for the costs of services 36 for which there is no federal contribution, or which, if federally 37 aided, are not provided by the residence state. The regulations 38 must include, but are not limited to, procedures to be followed in 39 obtaining prior approval for services in those instances where 40 required for the assistance. 41 (D) The provisions of this section apply only to medical 42 assistance for children under adoption assistance agreements from 43 states that have entered into a compact with this State under which

1 [4747] 145 1 the other state provides medical assistance to children with special 2 needs under adoption assistance agreements made by this State. 3 All other children entitled to medical assistance pursuant to 4 adoption assistance agreements entered into by this State are 5 eligible to receive assistance in accordance with the laws and 6 procedures applicable to the agreements. 7 8 Section 63-9-2040. Consistent with federal law, the Department 9 of Social Services in connection with the administration of this 10 article and a compact pursuant to it must include in a state plan 11 made pursuant to the Adoption Assistance and Child Welfare Act 12 of 1980, Public Law 96-272, Titles IV (e) and XIX of the Social 13 Security Act, and other applicable federal laws, the provision of 14 adoption assistance and medical assistance for which the federal 15 government pays some or all of the cost. The department shall 16 apply for and administer all relevant federal aid in accordance with 17 the law. 18 19 Section 63-7-2050. A person who submits a claim for payment 20 or reimbursement for services or benefits pursuant to this article or 21 makes a statement in connection with payment or reimbursement, 22 which he knows or should know to be false, misleading, or 23 fraudulent, is guilty of a misdemeanor. Upon conviction, the 24 person must be fined not more than ten thousand dollars or 25 imprisoned not more than two years, or both. 26 27 Article 11 28 29 Interstate Compact on the Placement of Children 30 31 Section 63-9-2200. The Interstate Compact on the Placement of 32 Children is hereby enacted into law and entered into with all other 33 jurisdictions legally joining therein in form substantially as 34 follows: 35 INTERSTATE COMPACT ON THE PLACEMENT OF 36 CHILDREN 37 38 Subsection 1. Purpose and Policy: 39 It is the purpose and policy of the party states to cooperate with 40 each other in the interstate placement of children to the end that: 41 (a) Each child requiring placement shall receive the maximum 42 opportunity to be placed in a suitable environment and with 43 persons or institutions having appropriate qualifications and

1 [4747] 146 1 facilities to provide a necessary and desirable degree and type of 2 care. 3 (b) The appropriate authorities in a state where a child is to be 4 placed may have full opportunity to ascertain the circumstances of 5 the proposed placement, thereby promoting full compliance with 6 applicable requirements for the protection of the child. 7 (c) The proper authorities of the state from which the 8 placement is made may obtain the most complete information on 9 the basis of which to evaluate a projected placement before it is 10 made. 11 (d) Appropriate jurisdictional arrangements for the care of 12 children will be promoted. 13 14 Subsection 2. Definitions: 15 As used in this compact: 16 (a) ‘Child’ means a person who, by reason of minority, is 17 legally subject to parental guardianship or similar control. 18 (b) ‘Sending agency’ means a party state, officer or 19 employee thereof, a subdivision of a party state, or officer or 20 employee thereof, a court of a party state, a person, corporation, 21 association, charitable agency or other entity which sends, brings, 22 or causes to be sent or brought any child to another party state. 23 (c) ‘Receiving state’ means the state to which a child is sent, 24 brought, or caused to be sent or brought, whether by public 25 authorities or private persons or agencies, and whether for 26 placement with state or local public authorities or for placement 27 with private agencies or persons. 28 (d) ‘Placement’ means the arrangement for the care of a 29 child in a family free or boarding home or in a child-caring agency 30 or institution but does not include any institution caring for the 31 mentally ill, mentally defective or epileptic or any institution 32 primarily educational in character, and any hospital or other 33 medical facility. 34 35 Subsection 3. Conditions for Placement: 36 (a) No sending agency shall send, bring, or cause to be sent or 37 brought into any other party state any child for placement in foster 38 care or as a preliminary to a possible adoption unless the sending 39 agency shall comply with each and every requirement set forth in 40 this subsection and with the applicable laws of the receiving state 41 governing the placement of children therein. 42 (b) Prior to sending, bringing or causing any child to be sent or 43 brought into a receiving state for placement in foster care or as a

1 [4747] 147 1 preliminary to a possible adoption, the sending agency shall 2 furnish the appropriate public authorities in the receiving state 3 written notice of the intention to send, bring, or place the child in 4 the receiving state. 5 The notice shall contain: 6 (1) the name, date and place of birth of the child; 7 (2) the identity and address or addresses of the parents or 8 legal guardian; 9 (3) the name and address of the person, agency or institution 10 to or with which the sending agency proposes to send, bring or 11 place the child; 12 (4) a full statement of the reasons for such proposed action 13 and evidence of the authority pursuant to which the placement is 14 proposed to be made; 15 (c) Any public officer or agency in a receiving state which is in 16 receipt of a notice pursuant to item (b) of this subsection may 17 request of the sending agency, or any other appropriate officer or 18 agency of or in the sending agency’s state, and shall be entitled to 19 receive therefrom, such supporting or additional information as it 20 may deem necessary under the circumstances to carry out the 21 purpose and policy of this compact. 22 (d) The child shall not be sent, brought, or caused to be sent or 23 brought into the receiving state until the appropriate public 24 authorities in the receiving state shall notify the sending agency, in 25 writing, to the effect that the proposed placement does not appear 26 to be contrary to the interests of the child. 27 28 Subsection 4. Penalty for Illegal Placement: 29 The sending, bringing, or causing to be sent or brought into any 30 receiving state of a child in violation of the terms of this compact 31 shall constitute a violation of the laws respecting the placement of 32 children of both the state in which the sending agency is located or 33 from which it sends or brings the child and of the receiving state. 34 Such violation may be punished or subjected to penalty in either 35 jurisdiction in accordance with its laws. In addition to liability for 36 any such punishment or penalty, any such violation shall constitute 37 full and sufficient grounds for the suspension or revocation of any 38 license, permit, or other legal authorization held by the sending 39 agency which empowers or allows it to place or care for children. 40 41 Subsection 5. Retention of Jurisdiction: 42 (a) The sending agency shall retain jurisdiction over the child 43 sufficient to determine all matters in relation to the custody,

1 [4747] 148 1 supervision, care, treatment and disposition of the child which it 2 would have had if the child had remained in the sending agency’s 3 state, until the child is adopted, reaches majority, becomes 4 self-supporting or is discharged with the concurrence of the 5 appropriate authority in the receiving state. Such jurisdiction shall 6 also include the power to effect or cause the return of the child or 7 its transfer to another location and custody pursuant to law. The 8 sending agency shall continue to have financial responsibility for 9 support and maintenance of the child during the period of the 10 placement. Nothing contained herein shall defeat a claim of 11 jurisdiction by a receiving state sufficient to deal with an act of 12 delinquency or crime committed therein. 13 (b) When the sending agency is a public agency, it may enter 14 into an agreement with an authorized public or private agency in 15 the receiving state providing for the performance of one or more 16 services in respect of such case by the latter as agent for the 17 sending agency. 18 (c) Nothing in this compact shall be construed to prevent a 19 private charitable agency authorized to place children in the 20 receiving state from performing services or acting as agent in that 21 state for a private charitable agency of the sending state, nor to 22 prevent the agency in the receiving state from discharging 23 financial responsibility for the support and maintenance of a child 24 who has been placed on behalf of the sending agency without 25 relieving the responsibility set forth in paragraph (a) hereof. 26 27 Subsection 6. Institutional Care of Delinquent Children: 28 A child adjudicated delinquent may be placed in an institution in 29 another party jurisdiction pursuant to this compact but no such 30 placement shall be made unless the child is given a court hearing 31 on notice to the parent or guardian with opportunity to be heard 32 prior to his being sent to such other party jurisdiction for 33 institutional care and the court finds that: 34 1. equivalent facilities for the child are not available in the 35 sending agency’s jurisdiction; 36 2. institutional care in the other jurisdiction is in the best interest 37 of the child and will not produce undue hardship. 38 39 Subsection 7. Compact Administrator: 40 The executive head of each jurisdiction party to this compact 41 shall designate an officer who shall be general coordinator of 42 activities under this compact in his jurisdiction and who, acting 43 jointly with like officers of other party jurisdictions, shall have

1 [4747] 149 1 power to promulgate rules and regulations to carry out more 2 effectively the terms and provisions of this compact. 3 4 Subsection 8. Limitations: 5 This compact shall not apply to: 6 (a) the sending or bringing of a child into a receiving state by 7 his parent, stepparent, grandparent, adult brother or sister, adult 8 uncle or aunt, or his guardian and leaving the child with any such 9 relative or nonagency guardian in the receiving state; 10 (b) any placement, sending or bringing of a child into a 11 receiving state pursuant to any other interstate compact to which 12 both the state from which the child is sent or brought and the 13 receiving state are party or to any other agreement between states 14 which has the force of law. 15 16 Subsection 9. Enactment and Withdrawal: 17 This compact shall be open to joinder by any state, territory or 18 possession of the United States, the District of Columbia, the 19 Commonwealth of Puerto Rico, and with the consent of Congress, 20 the Government of Canada or any province thereof. It shall 21 become effective with respect to any such jurisdiction when such 22 jurisdiction has enacted the same into law. Withdrawal from this 23 compact shall be by the enactment of a statute repealing the same, 24 but shall not take effect until two years after the effective date of 25 such statute and until written notice of the withdrawal has been 26 given by the withdrawing state to the Governor of each other party 27 jurisdiction. Withdrawal of a party state shall not affect the rights, 28 duties and obligations under this compact of any sending agency 29 therein with respect to a placement made prior to the effective date 30 of withdrawal. 31 32 Subsection 10. Construction and Severability: 33 The provisions of this compact shall be liberally construed to 34 effectuate the purposes thereof. The provisions of this compact 35 shall be severable and if any phrase, clause, sentence or provision 36 of this compact is declared to be contrary to the constitution of any 37 party, state or of the United States or the applicability thereof to 38 any government, agency, person or circumstance is held invalid, 39 the validity of the remainder of this compact and the applicability 40 thereof to any government, agency, person or circumstance shall 41 not be affected thereby. If this compact shall be held contrary to 42 the constitution of any state party thereto, the compact shall remain

1 [4747] 150 1 in full force and effect as to the remaining states and in full force 2 and effect as to the state affected as to all severable matters. 3 4 Section 63-9-2210. Financial responsibility for any child placed 5 pursuant to the provisions of the Interstate Compact on the 6 Placement of Children shall be determined in accordance with the 7 provisions of Subsection 5 thereof in the first instance. However, 8 in the event of partial or complete default of performance 9 thereunder, the provisions of Article 23, Chapter 17 also may be 10 invoked. 11 12 Section 63-9-2220. The ‘appropriate public authorities’ as used 13 in Subsection 3 of the Interstate Compact on the Placement of 14 Children, with reference to this State, means the South Carolina 15 Department of Social Services for adoptive and foster care 16 purposes. The department shall receive and act with reference to 17 notices required by Subsection 3. 18 19 Section 63-9-2230. As used in item (a) of Subsection 5 of the 20 Interstate Compact on the Placement of Children, ‘appropriate 21 authority in the receiving state’ with reference to this State means 22 the Department of Social Services as the compact administrator. 23 24 Section 63-9-2240. The officers and agencies of this State and 25 its subdivisions having authority to place children are empowered 26 to enter into agreements with appropriate officers or agencies of or 27 in other party states pursuant to item (b) of Subsection 5 of the 28 Interstate Compact on the Placement of Children. Any agreement 29 which contains a financial commitment or imposes a financial 30 obligation of this State or subdivision or agency of it is not binding 31 unless it has the approval in writing of the State Treasurer in the 32 case of the State and of the Commissioner of the Department of 33 Social Services in the case of a subdivision of the State, as their 34 respective functions and duties may appear and be appropriate 35 pursuant to this article. 36 37 Section 63-9-2250. Any requirements for visitation, inspection 38 or supervision of children, homes, institutions or other agencies in 39 another party state which may apply shall be deemed to be met if 40 performed pursuant to an agreement entered into by appropriate 41 officers or agencies of this State or a subdivision thereof as 42 contemplated by item (b) of Subsection 5 of the Interstate Compact 43 on the Placement of Children.

1 [4747] 151 1 2 Section 63-9-2260. There shall be no legal restrictions on 3 out-of-state placements made pursuant to the Interstate Compact 4 on the Placement of Children. 5 6 Section 63-9-2270. Any court having jurisdiction to place 7 delinquent children may place such a child in an institution in 8 another state pursuant to Subsection 6 of the Interstate Compact on 9 the Placement of Children and shall retain jurisdiction as provided 10 in Subsection 5 thereof. 11 12 Section 63-9-2280. As used in Subsection 7 of the Interstate 13 Compact on the Placement of Children, ‘executive head’ means 14 the Governor. The Governor is authorized to designate the 15 Department of Social Services as the compact administrator in 16 accordance with the terms of Subsection 7. 17 18 Section 6-9-2290. The Department of Social Services shall 19 promulgate procedures to govern all aspects of interstate adoptive 20 and interstate foster care placements. 21 22 CHAPTER 11 23 24 Children’s Services Agencies 25 26 Article 1 27 28 Child Welfare Agencies 29 30 Section 63-11-10. Any agency, institution or family home 31 engaged in the business of receiving children for care and 32 maintenance, either part or full time, shall be classed as a child 33 welfare agency. 34 35 Section 63-11-20. (A) This article does not apply to: 36 (1) child welfare agencies operating under the active 37 supervision of a governing board representing an established 38 religious denomination, except as these agencies voluntarily 39 assume the obligations and acquire the rights provided by this 40 article; 41 (2) any children’s home or institution to which state funds 42 are appropriated;

1 [4747] 152 1 (3) the John de la Howe School in McCormick County; 2 provided, that the board of trustees of that school may elect to be 3 licensed by the department, in which case the board of trustees 4 shall request, by resolution, the department to license the John de 5 la Howe School. When a license has been issued to the John de la 6 Howe School by the department, pursuant to this article, the school 7 is bound by all regulations promulgated by the department relating 8 to licensing standards and other matters pertaining to licensing 9 standards; 10 (4) rescue missions or other similar charitable institutions 11 organized before May 8, 1959, for the purpose of providing 12 temporary care and custody of children and other needy persons 13 and operating under a local board of trustees pursuant to and 14 authorized by law. 15 (B) However, a foster care facility which does not receive state 16 or federal financial assistance, operated by a local church 17 congregation or established religious denomination or religious 18 college or university must register with the department and report 19 the number of children kept at the facility with the State 20 Department of Social Services by January second of every year. 21 These facilities must pass annual inspections by state or local 22 authorities for compliance with the fire, health, and sanitation 23 requirements. 24 25 Section 63-11-30. The department shall administer the 26 provisions of this article and shall make and promulgate such rules 27 and regulations relating to licensing standards and other matters as 28 may be necessary to carry out the purposes of this article. 29 30 Section 63-11-40. (A) The department is authorized to develop 31 a network of homes and facilities to use for temporary crisis 32 placements for children. 33 (B) Temporary crisis placements may be made with licensed 34 child welfare agencies including foster homes and residential 35 group facilities. The department also may use volunteers who are 36 screened by the department for the sole purpose of these 37 placements. The screening of volunteer crisis homes shall include 38 Central Registry of Child Abuse and Neglect and criminal history 39 records checks in accordance with Section 63-7-2340. The 40 department shall develop criteria for screening volunteer crisis 41 homes through promulgation of regulations in accordance with the 42 Administrative Procedures Act.

1 [4747] 153 1 (C) Children in temporary crisis placements are not in the 2 custody of the department and must not be considered to be in 3 foster care. No placement of a child in a temporary crisis home or 4 facility may occur unless it is agreed to by the child’s parent, 5 guardian, or custodian and the department. Temporary crisis 6 placements may last no longer than seventy-two hours. 7 8 Section 63-11-50. The department may revoke the license of 9 any child welfare agency which fails to maintain the proper 10 standards of care and service to children in its charge or which 11 violates any provision of this article. No license shall be revoked 12 or its renewal refused except upon thirty days’ written notice 13 thereof. Upon appeal from such revocation or refusal to renew a 14 license, the department shall, after thirty days’ written notice 15 thereof, hold a hearing, at which time the agency shall be given an 16 opportunity to present testimony and confront witnesses. An 17 appeal of the agency’s decision may be made to an administrative 18 law judge pursuant to the Administrative Procedures Act. 19 20 Section 63-11-60. A licensed child welfare agency may place 21 children in family homes for care, if authorized to do so by the 22 department. Any child so placed may be taken from such family 23 home when the child welfare agency responsible for his care is 24 satisfied that the child’s welfare requires such action. 25 26 Section 63-11-70. When a provision of law or regulation 27 provides for a criminal history background check in connection 28 with licensing, placement, service as a volunteer, or employment 29 with a child welfare agency, the provision of law or regulation may 30 not operate to prohibit licensing, placement, service as a volunteer, 31 or employment when a conviction or plea of guilty or nolo 32 contendere has been pardoned. However, notwithstanding the entry 33 of a pardon, the department, child welfare agency, or employer 34 may consider all information available, including the person’s 35 pardoned convictions or pleas and the circumstances surrounding 36 them, to determine whether the person is unfit or otherwise 37 unsuited for licensing, placement, service as a volunteer, or 38 employment. 39 40 Section 63-11-80. No officer, agent or employee of the 41 department or a child welfare agency shall directly or indirectly 42 disclose information learned about the children, their parents or 43 relatives or other persons having custody or control of them.

1 [4747] 154 1 2 Section 63-11-90. Any person and any officer, agent or 3 employee of the department or of a child welfare agency who 4 violates any of the provisions of this article, or who shall 5 intentionally make any false statement to the department shall, 6 upon conviction thereof, be punished by a fine of not more than 7 one hundred dollars, or by imprisonment for not more than one 8 year, or by both such fine and imprisonment, in the discretion of 9 the court. 10 11 Article 3 12 13 Children’s Advocacy Centers 14 15 Section 63-11-310. (A) ‘Children’s Advocacy Centers’ mean 16 centers which must coordinate a multi-agency response to child 17 maltreatment and assist in the investigation and assessment of 18 child abuse. These centers must provide: 19 (1) a neutral, child-friendly facility for forensic interviews; 20 (2) the coordination of services for children reported to have 21 been abused; 22 (3) services including, but not limited to, forensic 23 interviews, forensic medical examinations, and case reviews by 24 multidisciplinary teams to best determine whether maltreatment 25 has occurred; and 26 (4) therapeutic counseling services, support services for the 27 child and nonoffending family members, court advocacy, 28 consultation, and training for professionals who work in the area of 29 child abuse and neglect, to reduce negative impact to the child and 30 break the cycle of abuse. 31 (B)(1) Children’s Advocacy Centers must establish memoranda 32 of agreement with governmental entities charged with the 33 investigation and prosecution of child abuse. Fully operational 34 centers must function in a manner consistent with standards of the 35 National Children’s Alliance, and all centers must strive to achieve 36 full membership in the National Children’s Alliance. 37 (2) Children’s Advocacy Centers must establish written 38 policies and procedures for standards of care including, but not 39 limited to, the timely intervention of services between initial 40 contact with the child and the event which led to the child’s being 41 referred to the center. Children’s Advocacy Centers must make 42 available these written policies and procedures to all professionals 43 who provide services relating to the investigation, treatment, and

1 [4747] 155 1 prosecution of child abuse and neglect within the geographical 2 vicinity of the center. 3 (3) Children’s Advocacy Center records must be released to 4 the Department of Social Services for purposes of investigation, 5 assessment of allegations of child abuse or neglect, and provision 6 of treatment services to the children or their families. The records 7 must be released to law enforcement agencies and circuit solicitors 8 or their agents who are: 9 (a) investigating or prosecuting known or suspected abuse 10 or neglect of a child; 11 (b) investigating or prosecuting the death of a child; 12 (c) investigating or prosecuting any crime against a child; 13 or 14 (d) attempting to locate a missing child. 15 This provision does not preclude or override the release of 16 information based upon a subpoena or court order, unless 17 otherwise prohibited by law. 18 (C) The South Carolina Network of Children’s Advocacy 19 Centers and the South Carolina Chapter of the National Children’s 20 Alliance must coordinate and facilitate the exchange of 21 information among statewide centers and provide technical 22 assistance to communities in the establishment, growth, and 23 certification of local centers. The network must also educate the 24 public and legislature regarding the needs of abused children and 25 provide or coordinate multidisciplinary training opportunities 26 which support the comprehensive response to suspected child 27 maltreatment. 28 (D) Nothing in this section requires the exclusive use of a 29 Children’s Advocacy Center. 30 31 Article 5 32 33 South Carolina Guardian Ad Litem Program 34 35 Section 63-11-500. There is created the South Carolina Guardian 36 ad Litem Program to serve as a statewide system to provide 37 training and supervision to volunteers who serve as 38 court-appointed special advocates for children in abuse and neglect 39 proceedings within the family court, pursuant to Section 40 63-7-1620. This program must be administered by the Office of 41 the Governor. 42

1 [4747] 156 1 Section 63-11-510. The responsibilities and duties of a guardian 2 ad litem are to: 3 (1) represent the best interests of the child; 4 (2) advocate for the welfare and rights of a child involved in an 5 abuse or neglect proceeding; 6 (3) conduct an independent assessment of the facts, the needs 7 of the child, and the available resources within the family and 8 community to meet those needs; 9 (4) maintain accurate, written case records; 10 (5) provide the family court with a written report, consistent 11 with the rules of evidence and the rules of the court, which 12 includes without limitation evaluation and assessment of the issues 13 brought before the court and recommendations for the case plan, 14 the wishes of the child, if appropriate, and subsequent disposition 15 of the case; 16 (6) monitor compliance with the orders of the family court and 17 to make the motions necessary to enforce the orders of the court or 18 seek judicial review; 19 (7) protect and promote the best interests of the child until 20 formally relieved of the responsibility by the family court. 21 22 Section 63-11-520. No person may be appointed as a guardian 23 ad litem for a child in an abuse or neglect proceeding who has been 24 convicted of any crime listed in Chapter 3 of Title 16, Offenses 25 Against the Person, in Chapter 15 of Title 16, Offenses Against 26 Morality and Decency, in Article 3 of Chapter 53 of Title 44, 27 Narcotics and Controlled Substances, or for the crime of 28 contributing to the delinquency of a minor, provided for in Section 29 16-17-490. 30 31 Section 63-11-530. (A) The guardian ad litem is charged in 32 general with the duty of representation of the child’s best interests. 33 After appointment by the family court to a case involving an 34 abused or neglected child, the guardian ad litem shall receive 35 appropriate notice of all court hearings and proceedings regarding 36 the child. The obligation of the guardian ad litem to the court is a 37 continuing one and continues until formally relieved by the court. 38 (B) The guardian ad litem is authorized to: 39 (1) conduct an independent assessment of the facts; 40 (2) confer with and observe the child involved; 41 (3) interview persons involved in the case; 42 (4) participate on any multidisciplinary evaluation team for 43 the case on which the guardian ad litem has been appointed;

1 [4747] 157 1 (5) make recommendations to the court concerning the 2 child’s welfare; 3 (6) make motions necessary to enforce the orders of the 4 court, seek judicial review, or petition the court for relief on behalf 5 of the child. 6 (C) The guardian ad litem is authorized through counsel to 7 introduce, examine, and cross-examine witnesses in any 8 proceeding involving the child and participate in the proceedings 9 to any degree necessary to represent the child adequately. 10 11 Section 63-11-540. All reports made and information collected 12 as described in Section 63-7-1990(A) must be made available to 13 the guardian ad litem by the Department of Social Services. Upon 14 proof of appointment as guardian ad litem and upon the guardian 15 ad litem request, access to information must be made available to 16 the guardian ad litem by the appropriate medical and dental 17 authorities, psychologists, social workers, counselors, schools, and 18 any agency providing services to the child. 19 20 Section 63-11-550. (A) All reports and information collected 21 pursuant to this article maintained by the Guardian ad Litem 22 Program are confidential except as provided for in Section 23 63-7-1990(C). A person who disseminates or permits the 24 unauthorized dissemination of the information is guilty of 25 contempt of court and, upon conviction, may be fined or 26 imprisoned, or both, pursuant to Section 63-3-620. 27 (B) The name, address, and other identifying characteristics of 28 a person named in a report determined to be judicially unfounded 29 must be destroyed one year from the date of the determination. 30 The name, address, and other identifying characteristics of any 31 person named in a report determined to be judicially indicated 32 must be destroyed seven years from the date that the guardian ad 33 litem formally is relieved of responsibility as guardian ad litem by 34 the family court. 35 (C) The Director of the Guardian ad Litem Program or the 36 director’s designee may disclose to the media information 37 contained in child protective services records if disclosure is 38 limited to discussion of the program’s activities in handling the 39 case. The program may incorporate into its discussion of the 40 handling of the case any information placed in the public domain 41 by other public officials, a criminal prosecution, the alleged 42 perpetrator or the attorney for the alleged perpetrator, or other 43 public judicial proceedings. For purposes of this subsection,

1 [4747] 158 1 information is considered ‘placed in the public domain’ when it 2 has been reported in the news media, is contained in public records 3 of a criminal justice agency, is contained in public records of a 4 court of law, or has been the subject of testimony in a public 5 judicial proceeding. 6 7 Section 63-11-560. After participating in the training program of 8 the Guardian ad Litem Program, a person who is appointed to 9 serve as guardian ad litem and serves without compensation is not 10 liable for any civil damages for any personal injury as a result of 11 any act or omission by the person in the discharge of the 12 responsibilities of a guardian ad litem if the person acts in good 13 faith and is not guilty of gross negligence. 14 15 Section 63-11-570. The General Assembly shall provide the 16 funds necessary to carry out the provisions of Sections 63-11-500 17 through 63-11-560 and 63-7-1990. 18 19 Article 7 20 21 Foster Care Review Board 22 23 Section 63-11-700. (A) There is created, as part of the Office of 24 the Governor, the Division for Review of the Foster Care of 25 Children. The division must be supported by a board consisting of 26 seven members, all of whom must be past or present members of 27 local review boards. There must be one member from each 28 congressional district and one member from the State at large, all 29 appointed by the Governor with the advice and consent of the 30 Senate. 31 (B) Terms of office for the members of the board are for four 32 years and until their successors are appointed and qualify. 33 Appointments must be made by the Governor for terms of four 34 years to expire on June thirtieth of the appropriate year. 35 (C) The board shall elect from its members a chairman who 36 shall serve for two years. Four members of the board constitute a 37 quorum for the transaction of business. Members of the board 38 shall receive per diem, mileage, and subsistence as provided by 39 law for members of boards, commissions, and committees while 40 engaged in the work of the board. 41 (D) The board shall meet at least quarterly and more frequently 42 upon the call of the division director to review and coordinate the 43 activities of the local review boards and make recommendations to

1 [4747] 159 1 the Governor and the General Assembly with regard to foster care 2 policies, procedures, and deficiencies of public and private 3 agencies which arrange for foster care of children as determined by 4 the review of cases provided for in Section 63-11-720(A)(1) and 5 (2). These recommendations must be submitted to the Governor 6 and included in an annual report, filed with the General Assembly, 7 of the activities of the state office and local review boards. 8 (E) The board, upon recommendation of the division director, 9 shall promulgate regulations to carry out the provisions of this 10 article. These regulations shall provide for and must be limited to 11 procedures for: reviewing reports and other necessary information 12 at state, county, and private agencies and facilities; scheduling of 13 reviews and notification of interested parties; conducting local 14 review board and board of directors’ meetings; disseminating 15 local review board recommendations, including reporting to the 16 appropriate family court judges the status of judicially approved 17 treatment plans; participating and intervening in family court 18 proceedings; and developing policies for summary review of 19 children privately placed in privately-owned facilities or group 20 homes. 21 (F) The Governor may employ a division director to serve at 22 the Governor’s pleasure who may be paid an annual salary to be 23 determined by the Governor. The director may be removed 24 pursuant to Section 1-3-240. The director shall employ staff as is 25 necessary to carry out this article, and the staff must be 26 compensated in an amount and in a manner as may be determined 27 by the Governor. 28 (G) This article may not be construed to provide for subpoena 29 authority. 30 31 Section 63-11-710. (A) There are created sixteen local boards 32 for review of cases of children receiving foster care, one in each 33 judicial circuit, composed of five members appointed by the 34 Governor upon recommendation of the legislative delegation of 35 each county within the circuit for terms of four years and until 36 their successors are appointed and qualify. If the county 37 legislative delegations within a judicial circuit have not 38 recommended to the Governor a person to fill a review board 39 vacancy within ninety days after being notified by certified mail 40 that the vacancy exists, then the local review boards in the judicial 41 circuit may recommend to the Governor someone to fill the 42 vacancy. All local board members must be residents of the judicial 43 circuit which they represent, except where a current or former

1 [4747] 160 1 member is substituting for an absent member. Local boards shall 2 elect their chairman. 3 (B) If the board of directors determines that additional local 4 review boards are necessary in a judicial circuit because of an 5 excessively large case load for review or if the local board is no 6 longer necessary because of a reduced case load, the board may 7 create or dissolve local review boards by resolution, and the boards 8 created have all authority and duties provided for the boards by the 9 provisions of this article. 10 (C) In Dorchester County, appointments made pursuant to this 11 section are governed by the provisions of Act 512 of 1996. 12 (D) In Georgetown County, appointments made pursuant to this 13 section are governed by the provisions of Act 515 of 1996. 14 15 Section 63-11-720. (A) The functions and powers of local foster 16 care review boards are: 17 (1) to review every six months but no less frequently than 18 once every six months the cases of children who have resided in 19 public foster care for a period of more than four consecutive 20 months and to review every six months the cases of children who 21 have resided in private foster care for a period of more than six 22 consecutive months to determine what efforts have been made by 23 the supervising agency or child caring facility to acquire a 24 permanent home for the child. Following review of a case pursuant 25 to this section, the local foster care review board shall submit a 26 written report and recommendations to the court concerning the 27 case. In order for the report and recommendations of the foster 28 care review board to be easily identifiable and accessible by the 29 judge, the report and recommendations must be visually distinct 30 from other documents in the case file in their coloring or other 31 prominent aspect. A child’s return home for temporary placements, 32 trial placements, visits, holidays, weekend visits, or changes from 33 one foster care placement to another must not be construed to 34 mean a break or lapse in determination of a consecutive 35 four-month period for children in public foster care or six-month 36 period for children in private foster care; 37 (2) to recommend continued placement of a child in the 38 child caring facility, unless the parent is able to resume care, in at 39 least those instances when: 40 (a) Children are privately placed in privately-owned 41 facilities or group homes; 42 (b) a notarized affidavit of summary review is executed by 43 the child caring facility and is valid on its face. The affidavit of

1 [4747] 161 1 summary review must be submitted to the board every six months 2 and accepted by the board if it is valid on its face. The affidavit 3 must attest to the following conditions: 4 (i) the person who placed the child has legal custody of 5 the child; 6 (ii) no court has ordered or approved the placement of 7 the child in the care of the child caring facility except as a part of 8 an order granting legal custody of the child to a parent or legal 9 guardian; 10 (iii) the facility has no knowledge that a child has ever 11 been abused, neglected, or abandoned while under the care of the 12 person who placed the child in the facility; 13 (iv) the person who placed the child contributes 14 regularly to the support of the child to the level of his ability and 15 has done so for a period of six months immediately prior to the 16 date of the affidavit; 17 (v) the person who placed the child has maintained 18 contact and visitation with the child to the best of his ability under 19 existing circumstances. 20 (3) to encourage the return of children to their natural 21 parents, except as provided in item (2) of this section, or, upon 22 determination during a case review of the local review board that 23 this return is not in the best interest of the child, to recommend to 24 the appropriate agency action be taken for a maximum effort to 25 place the child for adoption; 26 (4) to promote and encourage all agencies and facilities 27 involved in placing children in foster care to place children with 28 persons suitable and eligible as adoptive parents; 29 (5) to advise foster parents of their right to petition the 30 family court for termination of parental rights and for adoption and 31 to encourage these foster parents to initiate these proceedings in an 32 appropriate case when it has been determined by the local review 33 board that return to the natural parent is not in the best interest of 34 the child; 35 (6) to recommend that a child caring facility or agency exert 36 all possible efforts to make arrangements for permanent foster care 37 or guardianship for children for whom return to natural parents or 38 adoption is not feasible or possible as determined during a case 39 review by the local review board; 40 (7) to report to the state office of the Department of Social 41 Services and other adoptive or foster care agencies any 42 deficiencies in these agencies’ efforts to secure permanent homes

1 [4747] 162 1 for children discovered in the local board’s review of these cases 2 as provided for in items (1) and (2) of this section. 3 (B) Any case findings or recommendations of a local review 4 board are advisory. 5 6 Section 63-11-730. (A) No person may be employed by the 7 Division for Review of the Foster Care of Children, Office of the 8 Governor, or may serve on the state or a local foster care review 9 board if the person: 10 (1) is the subject of an indicated report or affirmative 11 determination of abuse or neglect as maintained by the Department 12 of Social Services in the Central Registry of Child Abuse and 13 Neglect pursuant to Subarticle 13, Article 3, Chapter 7; 14 (2) has been convicted of or pled guilty or nolo contendere 15 to: 16 (a) an ‘offense against the person’ as provided for in Title 17 16, Chapter 3; 18 (b) an ‘offense against morality or decency’ as provided 19 for in Title 16, Chapter 15; or 20 (c) contributing to the delinquency of a minor, as 21 provided for in Section 16-17-490. 22 (B) Before a person is employed by the Division for Review of 23 the Foster Care of Children or before an appointment or 24 reappointment is made to the state or a local foster care review 25 board, the division shall submit the name of the potential employee 26 or a list containing the names, addresses, and social security 27 numbers of persons nominated to serve on the state or local boards 28 to the Department of Social Services for a records check of 29 indicated reports or affirmative determinations from the Central 30 Registry of Child Abuse and Neglect and to SLED for a criminal 31 records background check to certify that no potential employee or 32 person nominated to serve on the state or a local board is in 33 violation of subsection (A). A list of the persons employed by the 34 division or serving on the state or local boards also must be 35 submitted annually to the Department of Social Services for a 36 records check of indicated reports or affirmative determinations to 37 certify that no person employed by the division or serving on a 38 board is in violation of subsection (A)(1). The division may not be 39 charged by the Department of Social Services for these records 40 checks. 41 42 Section 63-11-740. Local boards shall conduct meetings in the 43 judicial circuit which they represent. Each board must be provided

1 [4747] 163 1 sufficient staff to perform its functions as set forth in this article 2 with funds provided in the annual state general appropriations act. 3 Members of the local boards and former members substituting for 4 an absent member may not receive compensation for their services 5 but must be allowed mileage, per diem, and subsistence as 6 provided by law for state boards, committees, and commissions for 7 attendance at board meetings. If needed to ensure a quorum at a 8 board meeting, a current or former member of a local board may 9 serve as a substitute on a board other than his own board, whether 10 or not the substitute member is a resident of the judicial circuit of 11 that board. 12 13 Section 63-11-750. The Foster Care Review Board may 14 participate in judicial reviews pursuant to Sections 63-7-1660, 15 63-7-1700, and 63-7-2520 but shall file a motion to intervene if it 16 intends to become a party to the action. 17 18 Section 63-11-760. After participating in a training program of 19 the system for the review of foster care of children, a local review 20 board member is not liable for damages for personal injury as a 21 result of an act or omission in the discharge of his duties as a 22 member if he acts in good faith and his conduct does not constitute 23 gross negligence, recklessness, wilfulness, or wantonness. 24 25 Section 63-11-770. All public and private agencies and facilities 26 which provide for or arrange foster care for children shall 27 cooperate with the board of directors and local review boards by 28 making available for review records as may be requested. 29 30 Section 63-11-780. A person or agency aggrieved by an action 31 or recommendation of a local review board may seek relief by 32 petition to the family court of that county which shall issue a rule 33 to show cause why the action or recommendation of the local 34 review board should not be set aside or modified. 35 36 Section 63-11-790. The provisions of this article may not be 37 construed to limit or delay actions by agencies or facilities to 38 arrange for adoptions, foster care, termination of parental rights, or 39 other related matters on their own initiative, nor do the provisions 40 of this article in any manner alter or restrict the duties and 41 authority of these agencies and facilities in those matters. 42 43 Article 9

1 [4747] 164 1 2 South Carolina Children’s Trust Fund 3 4 Section 63-11-910. (A) There is established the Children’s 5 Trust Fund of South Carolina, an eleemosynary corporation, the 6 resources of which must be used to award grants to private 7 nonprofit organizations and qualified state agencies in order to 8 stimulate a broad range of innovative: 9 (1) child abuse and neglect prevention programs to meet 10 critical needs of South Carolina’s children; or 11 (2) programs that enhance or promote the adoption of 12 special needs children in state custody. 13 (B) The trust fund must accept gifts, bequests, and grants from 14 any person or foundation. The trust fund must supplement and 15 augment but not take the place of services provided by state 16 agencies. A state agency is eligible to receive funds under this 17 article only when the state agency: 18 (1) proposes a program that meets grant qualifications under 19 this article; and 20 (2) provides matching funds in an amount at least equal to 21 the grant to maximize the effectiveness of the grant. 22 (C) The board of trustees for the trust fund shall carry out 23 activities necessary to administer the fund including assessing 24 service needs and gaps, soliciting proposals to address identified 25 service needs, and establishing criteria for the awarding of grants. 26 27 Section 63-11-920. (A) There is created the Board of Trustees 28 for the Children’s Trust Fund of South Carolina composed of nine 29 members appointed by the Governor with the advice and consent 30 of the Senate. The Governor shall give consideration to 31 recommendations for appointment made by the Joint Legislative 32 Committee on Children. One member must be appointed from 33 each congressional district of the State, and three members must be 34 appointed at large for terms of four years and until successors are 35 appointed and qualify, except members appointed from 36 even-numbered congressional districts and one at-large member 37 must be initially appointed for terms of two years only. Vacancies 38 for any reason must be filled in the manner of the original 39 appointment for the unexpired term. No member shall serve more 40 than two terms or eight years, whichever is longer. 41 (B) Three members must be knowledgeable in banking, 42 finance, investments, tax laws, or business. Three members must 43 be knowledgeable in the organization and administration of

1 [4747] 165 1 volunteer community services and grant administration. Three 2 members must be knowledgeable in child development, child 3 health, child psychology, education, juvenile delinquency, or other 4 related field. 5 (C) Members may be paid per diem, mileage, and subsistence 6 as established by the board not to exceed standards provided by 7 law for boards, committees, and commissions. A complete report 8 of the activities of the Trust Fund must be made annually to the 9 General Assembly. 10 11 Section 63-11-930. To carry out its assigned functions, the board 12 is authorized, but not limited to: 13 (1) assess the critical needs for: 14 (a) child abuse and neglect prevention; and 15 (b) special needs children in state custody whose plan is 16 adoption, and in cooperation with state agencies, establish 17 priorities, and develop goals and objectives for the trust fund; 18 (2) receive gifts, bequests, and devises for deposit and 19 investment into the trust fund and to award grants to private 20 nonprofit organizations and state agencies that meet certain 21 qualifications; 22 (3) invest trust fund monies; 23 (4) solicit proposals for programs which will be aimed at 24 meeting identified child abuse and neglect prevention needs or 25 assisting in the adoption of special needs children in state custody; 26 (5) provide technical assistance to private, nonprofit 27 organizations, when requested, in preparing proposals for 28 submission to the trust fund; 29 (6) establish criteria for awarding of grants for child abuse and 30 neglect prevention or to assist in the adoption of special needs 31 children in state custody which shall include the consideration of at 32 least: 33 (a) the priority of the service need that the proposal 34 addresses; 35 (b) the quality and soundness of the proposal and its 36 probable effectiveness in accomplishing its objectives; 37 (c) a cost-benefit analysis of the project; 38 (d) the degree of community support for the proposal; 39 (e) the utilization of local resources including volunteers, 40 when appropriate, and matching or in-kind contributions which 41 may be, but are not required; 42 (f) the qualifications of employees to be hired under the 43 grant;

1 [4747] 166 1 (g) the experience of the proposed project administrators in 2 providing ongoing accountability for the program; 3 (7) enter into contracts for the awarding of grants to private, 4 nonprofit organizations for child abuse and neglect prevention or 5 to assist in the adoption of special needs children in state custody. 6 7 Section 63-11-940. The board of trustees may employ a director 8 and other staff as necessary to carry out the duties and 9 responsibilities assigned by the board. 10 11 Section 63-11-950. (A) The amount deposited in the trust fund 12 from contributions plus all earnings from the investment of monies 13 of the trust fund credited during the previous fiscal year, after 14 allowances for operating expenses, is available for disbursement 15 upon the authorization of the board of trustees. 16 (B) At least six of the board members must authorize the 17 disbursement of funds. 18 19 Section 63-11-960. Funds from the receipt of contributions 20 pursuant to Section 12-6-5060 must be deposited in the Trust Fund 21 for disbursement as prescribed by this article. 22 23 Article 11 24 25 Children’s Case Resolution System 26 27 Section 63-11-1110. There is created the Children’s Case 28 Resolution System, referred to in this article as the System, which 29 is a process of reviewing cases on behalf of children for whom the 30 appropriate public agencies collectively have not provided the 31 necessary services. The System must be housed in and staffed by 32 the Governor’s Office. 33 34 Section 63-11-1120. The purposes of the System are: 35 (1) to review cases of children referred to the System to 36 determine the need to facilitate or recommend services for the 37 children, or both, and to designate the responsibilities of each 38 public agency as they relate to the children; 39 (2) to arbitrate cases where the public agencies charged with 40 administering services to a child are unable to agree upon the 41 services to be provided or where the proportion of the expense for 42 the services to be paid by the agencies cannot be agreed upon; and

1 [4747] 167 1 (3) to collectively review the cases of children to recommend 2 changes or improvements, or both, in the delivery of service by 3 public agencies serving children. 4 5 Section 63-11-1130. (A) Cases may be reviewed by the 6 System when there is a disagreement between the child’s parent 7 and the local educational agency state operated programs, and all 8 due process rights and procedures provided under Public Law 9 94-142 have been exhausted or terminated by written agreement by 10 the parties; or there is no disagreement between the child’s parent 11 and the local educational agency state operated programs as to the 12 services necessary for the child, but there has been an inability to 13 obtain appropriate services. 14 (B) Decisions made through the System are binding on all 15 parties subject to item (5) of Section 63-11-1140. The decisions 16 must comply with all principles of ‘least restrictive environment’, 17 as used in Public Law 94-142 and of the other provisions of the 18 public law; must serve the children through their families and 19 communities except where not possible; and must comply with all 20 provisions of law regarding division of financial responsibility 21 among public agencies, if any. 22 23 Section 63-11-1140. The functions of the System include, but 24 are not limited to, the following: 25 (1) receive case referrals from any source; 26 (2) review each case referred and continue in the System only 27 the cases in which individual public agency and interagency efforts 28 to resolve the case have been exhausted; 29 (3) conduct meetings with public agency representatives 30 designated by the System as relevant to the case for the purpose of 31 obtaining the unanimous consent of the designated agencies in the 32 development of a plan for each child and designating the 33 responsibilities of each agency pursuant to that plan. Each agency 34 requested by the System shall send a representative to the meetings 35 and shall provide information and assistance as may be required by 36 the System. Parties that have prior experience with the child or 37 who logically are presumed to have service delivery responsibility 38 for the child shall participate; 39 (4) convene a committee composed of public agency heads 40 designated by the System as relevant to the case when unanimous 41 consent is not obtained as required in item (3) for the purpose of 42 obtaining the unanimous consent of the designated agencies in 43 determining the child’s service needs and designating the

1 [4747] 168 1 responsibilities of each agency as they relate to the child’s service 2 needs. Each agency must be represented by the agency head or by 3 a member of the agency staff having the power to make final 4 decisions on behalf of the agency head; 5 (5) when unanimous consent is not obtained as required in item 6 (4), a panel must be convened composed of the following persons: 7 (a) one public agency board member and one agency head 8 appointed by the Governor. Recommendations for appointments 9 may be submitted by the Human Services Coordinating Council. 10 No member may be appointed who represents any agency involved 11 in the resolution of the case; 12 (b) one legislator appointed by the Governor; and 13 (c) two members appointed by the Governor, drawn from a 14 list of qualified individuals not employed by a child-serving public 15 agency, established in advance by the System, who have 16 knowledge of public services for children in South Carolina. 17 The chairman must be appointed by the Governor from 18 members appointed as provided in subitem (c) of this item. A 19 decision is made by a majority of the panel members present and 20 voting, but in no case may a decision be rendered by less than 21 three members. The panel shall review a case at the earliest 22 possible date after sufficient staff review and evaluation pursuant 23 to items (3) and (4) and shall make a decision by the next 24 scheduled panel meeting. When private services are necessary, 25 financial responsibility must be apportioned among the appropriate 26 public agencies based on the reasons for the private services. 27 Agencies designated by the panel shall carry out the decisions of 28 the panel, but the decisions may not substantially affect the funds 29 appropriated for the designated agency to such a degree that the 30 intent of the General Assembly is changed. Substantial impact of 31 the decisions must be defined by regulations promulgated by the 32 State Budget and Control Board. When the panel identifies similar 33 cases that illustrate a break in the delivery of service to children, 34 either because of restrictions by law or substantial lack of funding, 35 the panel shall report the situation to the General Assembly and 36 subsequently may not accept any similar cases for decision until 37 the General Assembly takes appropriate action, however, the 38 System may continue to perform the functions provided in items 39 (3) and (4). 40 Each member of the panel is entitled to subsistence, per diem, 41 and mileage authorized for members of state boards, committees, 42 and commissions. The respective agency is responsible for the 43 compensation of the members appointed in subitems (a) and (b) of

1 [4747] 169 1 this item, and the System is responsible for the compensation of 2 the members appointed in subitem (c) of this item; 3 (6) monitor the implementation of case findings and panel 4 recommendations to assure compliance with the decisions made by 5 the System for each child; 6 (7) recommend improvements for the purpose of enhancing the 7 effective operation of the System and the delivery of service to 8 children by public agencies; 9 (8) submit an annual report on the activities of the System to 10 the Governor, the General Assembly, and agencies designated by 11 the System as relevant to the cases; and 12 (9) compile and transmit additional reports on the activities of 13 the System, and recommendations for service delivery 14 improvements, as necessary, to the Governor and the Joint 15 Legislative Committee on Children. 16 17 Section 63-11-1150. Except as provided in this section, all 18 emotionally disturbed children considered for placement in a 19 substitute care setting outside South Carolina must be referred to 20 the Children’s Case Resolution System. No child may be placed in 21 a substitute care setting outside South Carolina without written 22 explanation in the child’s records by the involved agencies. The 23 explanation must include, but is not limited to, what services have 24 been utilized within South Carolina and what resources have been 25 secured outside this State that are not available within South 26 Carolina. If the appropriate substitute care setting is located 27 outside South Carolina but within fifty miles of the state line and is 28 closer to the child’s home than an appropriate setting within South 29 Carolina, the child’s case is not required to be referred to the 30 Children’s Case Resolution System. 31 32 Section 63-11-1160. No additional staff nor state funds may be 33 provided to carry out the administrative provisions of this article. 34 35 Article 13 36 37 Continuum of Care for Emotionally Disturbed Children 38 39 Section 63-11-1310. It is the purpose of this article to develop 40 and enhance the delivery of services to severely emotionally 41 disturbed children and youth and to ensure that the special needs of 42 this population are met appropriately to the extent possible within 43 this State. To achieve this objective, the Continuum of Care for

1 [4747] 170 1 Emotionally Disturbed Children Division is established in the 2 office of the Governor. This article supplements and does not 3 supplant existing services provided to this population. 4 5 Section 63-11-1320. (A)(1) The Continuum of Care serves 6 children: 7 (a) who have been diagnosed as severely emotionally 8 disturbed; 9 (b) who have exhausted existing available treatment 10 resources or services; 11 (c) whose severity of emotional, mental, or behavioral 12 disturbance requires a comprehensive and organized system of 13 care. 14 (2) Priority in the selection of clients must be based on 15 criteria to be established by the Continuum of Care. 16 (B) Before a court refers a child to the Continuum of Care, it 17 must be given the opportunity to evaluate the child and make a 18 recommendation to the court regarding: 19 (1) the child’s suitability for placement with the Continuum 20 of Care pursuant to the provisions of this article, related 21 regulations, and policies and procedures of administration and 22 operation; 23 (2) the agencies which offer services most appropriate to 24 meet the child’s needs and the proportionate share of the costs 25 among the agencies to meet those needs; 26 (3) the necessity of obtaining other services for the child if 27 the services provided in item (2) are not available through the 28 existing service delivery system. 29 30 Section 63-11-1330. The Continuum of Care shall perform the 31 following duties and functions: 32 (1) identify needs and develop plans to address the needs of 33 severely emotionally disturbed children and youth; 34 (2) coordinate planning, training, and service delivery among 35 public and private organizations which provide services to severely 36 emotionally disturbed children and youth; 37 (3)(a) augment existing resources by providing or procuring 38 services to complete the range of services needed to serve this 39 population in the least restrictive, most appropriate setting. The 40 scope of services includes, but is not limited to: 41 (i) in-home treatment programs; 42 (ii) residential treatment programs; 43 (iii) education services;

1 [4747] 171 1 (iv) counseling services; 2 (v) outreach services; 3 (vi) volunteer and community services; 4 (b) provide needed services until they can be procured; 5 (4) provide case management services directly; 6 (5) supervise and administer the development and operation of 7 its activities and services on a statewide regional basis. 8 9 Section 63-11-1340. The Governor may employ a director to 10 serve at his pleasure who is subject to removal pursuant to the 11 provisions of Section 1-3-240. The director shall employ staff 12 necessary to carry out the provisions of this article. The funds for 13 the director, staff, and other purposes of the Continuum of Care 14 Division must be provided in the annual general appropriations act. 15 The division shall promulgate regulations in accordance with this 16 article and the provisions of the Administrative Procedures Act 17 and formulate necessary policies and procedures of administration 18 and operation to carry out effectively the objectives of this article. 19 20 Section 63-11-1350. (A) Records, reports, applications, and 21 files kept on any client or potential client of the Continuum of Care 22 are confidential and only may be disclosed in order to develop or 23 provide appropriate services for the client or potential client 24 unless: 25 (1) the client or potential client or his guardian consents; 26 (2) a court orders the disclosure for conduct of proceedings 27 before it upon a showing that disclosure is in the public interest; 28 (3) disclosure is necessary for research conducted or 29 authorized by the Continuum of Care; or 30 (4) disclosure is necessary to any entity or state agency 31 providing or potentially providing services to the client or potential 32 client. 33 (B) Nothing in this section: 34 (1) precludes disclosure, upon proper inquiry, of information 35 as to a client’s or potential client’s current condition to members of 36 his family; or 37 (2) requires the release of records of which disclosure is 38 prohibited or regulated by federal law. 39 (C) A person who violates this section is guilty of a 40 misdemeanor and, upon conviction, must be fined not more than 41 five hundred dollars or imprisoned not more than one year, or 42 both. 43

1 [4747] 172 1 Section 63-11-1360. The Continuum of Care Division shall 2 submit an annual report to the Governor and General Assembly on 3 its activities and recommendations for changes and improvements 4 in the delivery of services by public agencies serving children. 5 6 Article 15 7 8 Interagency System for Caring for 9 Emotionally Disturbed Children 10 11 Section 63-11-1510. There is established the Interagency 12 System for Caring for Emotionally Disturbed Children, an 13 integrated system of care to be developed by the Continuum of 14 Care for Emotionally Disturbed Children of the Governor’s Office, 15 the Department of Disabilities and Special Needs, the State Health 16 and Human Services Finance Commission, the Department of 17 Mental Health, and the Department of Social Services to be 18 implemented by November 1, 1994. The goal of the system is to 19 implement South Carolina’s Families First Policy and to support 20 children in a manner that enables them to function in a community 21 setting. The system shall provide assessment and evaluation 22 procedures to insure a proper service plan and placement for each 23 child. This system must have as a key component the clear 24 identification of the agency accountable for monitoring on a 25 regular basis each child’s care plan and procedures to evaluate and 26 certify the programs offered by providers. 27 28 Section 63-11-1520. The Department of Social Services, in 29 conjunction with the other agencies involved in the Families First 30 Initiative, shall design and manage a component of the Interagency 31 System for Caring for Emotionally Disturbed Children, for 32 families and children identified as in need of special support in the 33 community or when necessary, in a substitute care setting. In an 34 effort to reduce the number of children developing emotional and 35 behavioral disorders, this component of the system must be 36 designed to provide intense services for children who are at risk 37 for removal or who must be removed from their families or who 38 are having difficulty in substitute care and must include age 39 appropriate substitute care. Services provided under this 40 component of the system may be provided by the department to 41 children who are not in the custody of the State. This component 42 of the system must be implemented by January 1, 1995, and the 43 department shall report quarterly to the Senate Finance Committee

1 [4747] 173 1 and the House Ways and Means Committee on the activities of this 2 component of the system including, but not limited to, services 3 provided clients served, and assessment of the progress and 4 success of this component in carrying out the purposes of this 5 section. 6 7 Section 63-11-1530. There is established the Services Fund for 8 Emotionally Disturbed Children. The Interagency System for 9 Caring for Emotionally Disturbed Children, as provided for in 10 Section 63-11-1510, must be paid for solely by the fund and 11 money in the fund must be used only to support the system. The 12 fund must be administered by the Department of Social Services. 13 The Department of Education shall continue to be billed a share of 14 costs for covered children in the system as provided for under the 15 Children’s Case Resolution System. The Department of Social 16 Services, in conjunction with other agencies participating in the 17 system, shall develop billing and management protocols that 18 maximize the use of the funds available. 19 20 Article 17 21 22 First Steps to School Readiness 23 Board of Trustees 24 25 Section 63-11-1710. (A) There is established the South 26 Carolina First Steps to School Readiness Board of Trustees, an 27 eleemosynary corporation, which shall oversee the South Carolina 28 First Steps to School Readiness initiative, a broad range of 29 innovative early childhood development and education, family 30 support, health services, and prevention efforts to meet critical 31 needs of South Carolina’s children through the awarding of grants 32 to partnerships at the county level as provided for in Section 33 59-152-90. 34 (B) The board may accept gifts, bequests, and grants from any 35 person or foundation. The fund and grants from the fund shall 36 supplement and augment, but not take the place of, services 37 provided by local, state, or federal agencies. The board of trustees 38 shall carry out activities necessary to administer the fund including 39 assessing service needs and gaps, soliciting proposals to address 40 identified service needs, and establishing criteria for the awarding 41 of grants. 42

1 [4747] 174 1 Section 63-11-1720. (A) There is created the South Carolina 2 First Steps to School Readiness Board of Trustees which must be 3 chaired by the Governor and must include the State Superintendent 4 of Education who shall serve as ex officio voting members of the 5 board. The board is composed of the twenty appointed, voting 6 members as follows: 7 (1) The Governor shall appoint two members from each of 8 the following sectors: 9 (a) parents of young children; 10 (b) business community; 11 (c) early childhood educators; 12 (d) medical or child care and development providers; and 13 (e) the General Assembly, one member from the Senate 14 and one member from the House of Representatives. 15 (2) The President Pro Tempore of the Senate shall appoint 16 one member from each of the following sectors: 17 (a) parents of young children; 18 (b) business community; 19 (c) early childhood educators; and 20 (d) medical or child care and development providers. 21 (3) The Speaker of the House of Representatives shall 22 appoint one member from each of the following sectors: 23 (a) parents of young children; 24 (b) business community; 25 (c) early childhood educators; and 26 (d) medical or child care and development. 27 (4) The chairman of the Senate Education Committee or his 28 designee. 29 (5) The chairman of the House Education and Public Works 30 Committee or his designee. 31 (6) The chief executive officer of each of the following shall 32 serve as an ex officio nonvoting member: 33 (a) Department of Social Services or his designee; 34 (b) Department of Health and Environmental Control or 35 his designee; 36 (c) Department of Health and Human Services or his 37 designee; 38 (d) Department of Mental Health or his designee; 39 (e) Department of Disabilities and Special Needs or his 40 designee; 41 (f) Department of Alcohol and Other Drug Abuse 42 Services or his designee; 43 (g) Department of Transportation or his designee;

1 [4747] 175 1 (h) Budget and Control Board, Division of Research and 2 Statistics or his designee; and 3 (i) State Board for Technical and Comprehensive 4 Education. 5 (7) The following organizations shall designate one member 6 to serve as an ex officio nonvoting member: 7 (a) South Carolina State Library; 8 (b) Transportation Association of South Carolina; and 9 (c) State Advisory Committee on the Regulation of 10 Childcare Facilities. 11 (B) The terms of the members are for four years and until their 12 successors are appointed and qualify, except of those first 13 appointed. When making the initial appointments, the Governor, 14 the President Pro Tempore of the Senate, and the Speaker of the 15 House of Representatives shall designate half of their 16 appointments to serve two-year terms only. The appointments of 17 the members from the General Assembly shall be coterminous 18 with their terms of office. 19 (C) Vacancies for any reason must be filled in the manner of 20 the original appointment for the unexpired term. A member may 21 not serve more than two terms or eight years, whichever is longer. 22 A member who misses more than three consecutive meetings 23 without excuse or a member who resigns must be replaced in the 24 same manner as his predecessor. Members may be paid per diem, 25 mileage, and subsistence as established by the board not to exceed 26 standards provided by law for boards, committees, and 27 commissions. A complete report of the activities of the First Steps 28 to School Readiness Board of Trustees must be made annually to 29 the General Assembly. 30 31 Section 63-11-1730. To carry out its assigned functions, the 32 board is authorized, but not limited to: 33 (1) develop a comprehensive long-range initiative for 34 improving early childhood development and increasing school 35 readiness; 36 (2) promulgate regulations, establish guidelines, policies and 37 procedures for implementation of the South Carolina First Steps to 38 School Readiness initiative; 39 (3) provide oversight on the implementation of the South 40 Carolina First Steps to School Readiness initiative at the state and 41 county levels;

1 [4747] 176 1 (4) facilitate and direct the establishment of developing County 2 First Steps Partnerships and establish the criteria for designation of 3 County First Steps Partnerships; 4 (5) establish criteria and procedures for awarding state First 5 Steps grants to County First Steps Partnerships; 6 (6) provide technical assistance, consultation services and 7 support to County First Steps Partnerships including: the creation 8 and annual revision of county needs assessments; the 9 prioritization, implementation, and evaluation of each First Steps 10 Partnership’s strategic plans based on needs assessments; and the 11 identification of assets from other funding sources; 12 (7) assess and develop recommendations: for ensuring 13 coordination and collaboration among service providers at both the 14 state and county level, for increasing the efficiency and 15 effectiveness of state programs and funding and other programs 16 and funding sources, as allowable, as necessary to carry out the 17 First Steps to School Readiness initiative, including additional 18 fiscal strategies, redeployment of state resources, and development 19 of new programs; 20 (8) establish results oriented measures and objectives and 21 assess whether services provided by County First Steps 22 Partnerships to children and families are meeting the goals and 23 achieving the results established for the First Steps initiative 24 pursuant to Chapter 152, Title 59; 25 (9) receive gifts, bequests, and devises for deposit for awarding 26 grants to First Steps Partnerships; and 27 (10) report annually to the General Assembly by January first on 28 activities and progress to include recommendations for changes 29 and legislative initiatives and results of program evaluations. 30 31 Section 63-11-1740. The South Carolina First Steps to School 32 Readiness Board of Trustees shall employ, by a majority vote, a 33 director of the Office of South Carolina First Steps to School 34 Readiness and other staff as necessary to carry out the South 35 Carolina First Steps to School Readiness initiative, established in 36 Title 59, Chapter 152, and other duties and responsibilities as 37 assigned by the board. The director, with the approval of the board, 38 shall hire such staff as is considered necessary to carry out the 39 provisions of the initiative. 40 41 Section 63-11-1750. (A) A separate fund must be established 42 to accept nongovernmental grants, gifts, and donations from any 43 public or private source for the South Carolina First Steps to

1 [4747] 177 1 School Readiness initiative. Each donor may designate up to 2 one-half of their contribution to specific counties or a county. Both 3 the designated and undesignated funds may be used to meet the 4 local match required in Section 59-152-130. All funds may be 5 carried forward from fiscal year to fiscal year. The State Treasurer 6 shall invest the monies in this fund in the same manner as other 7 funds under his control are invested and all interest derived from 8 the investment of these funds shall remain in the fund. The South 9 Carolina First Steps to School Readiness Board of Trustees shall 10 administer and authorize any disbursements from the fund. Private 11 individuals and groups must be encouraged to contribute to this 12 endeavor. 13 (B) In addition, a separate fund within the state general fund 14 must be established for monies that may be appropriated by the 15 General Assembly for the South Carolina First Steps to School 16 Readiness initiative. These funds may be carried forward from 17 fiscal year to fiscal year. The State Treasurer shall invest the 18 monies in this fund in the same manner as other funds under his 19 control are invested. The South Carolina First Steps to School 20 Readiness Board of Trustees shall administer and authorize any 21 disbursements from the fund. 22 (C) All interest derived from the investment of the funds in 23 subsections (A) and (B) shall remain a part of each respective 24 fund. 25 26 Article 19 27 28 Department of Child Fatalities 29 State Child Fatality Advisory Committee 30 31 Section 63-11-1900. It is the policy of this State that: 32 (1) every child is entitled to live in safety and in health and to 33 survive into adulthood; 34 (2) responding to child deaths is a state and a community 35 responsibility; 36 (3) when a child dies, the response by the State and the 37 community to the death must include an accurate and complete 38 determination of the cause of death, the provision of services to 39 surviving family members, and the development and 40 implementation of measures to prevent future deaths from similar 41 causes and may include court action, including prosecution of 42 persons who may be responsible for the death and family court

1 [4747] 178 1 proceedings to protect other children in the care of the responsible 2 person; 3 (4) professionals from disparate disciplines and agencies who 4 have responsibilities for children and expertise that can promote 5 child safety and well-being should share their expertise and 6 knowledge toward the goals of determining the causes of 7 children’s deaths, planning and providing services to surviving 8 children and nonoffending family members, and preventing future 9 child deaths; 10 (5) a greater understanding of the incidence and causes of child 11 deaths is necessary if the State is to prevent future child deaths; 12 (6) multi-disciplinary and multi-agency reviews of child deaths 13 can assist the State in the investigation of child deaths, in the 14 development of a greater understanding of the incidence and 15 causes of child deaths and the methods for preventing such deaths, 16 and in identifying gaps in services to children and families; 17 (7) access to information regarding deceased children and their 18 families by the Department of Child Fatalities is necessary to 19 achieve the department’s purposes and duties; and 20 (8) competent investigative services must be sensitive to the 21 needs of South Carolina’s children and their families and not 22 unnecessarily intrusive and should be achieved through training, 23 awareness, and technical assistance. 24 25 Section 63-11-1910. For purposes of this article: 26 (1) ‘Child’ means a person under eighteen years of age. 27 (2) ‘Committee’ means the State Child Fatality Advisory 28 Committee. 29 (3) ‘Department’ means the State Law Enforcement Division’s 30 Department of Child Fatalities. 31 (4) ‘Local child protective services agency’ means the county 32 department of social services for the jurisdiction where a deceased 33 child resided. 34 (5) ‘Meeting’ means both in-person meetings and meetings 35 through telephone conferencing. 36 (6) ‘Preventable death’ means a death which reasonable 37 medical, social, legal, psychological, or educational intervention 38 may have prevented. 39 (7) ‘Provider of medical care’ means a licensed health care 40 practitioner who provides, or a licensed health care facility through 41 which is provided, medical evaluation or treatment, including 42 dental and mental health evaluation or treatment.

1 [4747] 179 1 (8) ‘Working day’ means Monday through Friday, excluding 2 official state holidays. 3 (9) ‘Unexpected death’ includes all child deaths which, before 4 investigation, appear possibly to have been caused by trauma, 5 suspicious or obscure circumstances, or child abuse or neglect. 6 7 Section 63-11-1920. There is created within the State Law 8 Enforcement Division (SLED) the Department of Child Fatalities 9 which is under the supervision of the Chief of SLED. 10 11 Section 63-11-1930. (A) There is created a multi-disciplinary 12 State Child Fatality Advisory Committee composed of: 13 (1) the director of the South Carolina Department of Social 14 Services; 15 (2) the director of the South Carolina Department of Health 16 and Environmental Control; 17 (3) the State Superintendent of Education; 18 (4) the executive director of the South Carolina Criminal 19 Justice Academy; 20 (5) the chief of the State Law Enforcement Division; 21 (6) the director of the Department of Alcohol and Other 22 Drug Abuse Services; 23 (7) the director of the State Department of Mental Health; 24 (8) the director of the Department of Disabilities and Special 25 Needs; 26 (9) the director of the Department of Juvenile Justice; 27 (10) an attorney with experience in prosecuting crimes against 28 children; 29 (11) a county coroner or medical examiner; 30 (12) a pediatrician with experience in diagnosing and treating 31 child abuse and neglect, appointed from recommendations 32 submitted by the State Chapter of the American Academy of 33 Pediatrics; 34 (13) a solicitor; 35 (14) a forensic pathologist; and 36 (15) two members of the public at large, one of which must 37 represent a private nonprofit organization that advocates children 38 services. 39 (B) Those state agency members in items (1)-(9) shall serve ex 40 officio and may appoint a designee to serve in their place from 41 their particular departments or agencies who have administrative 42 or program responsibilities for children and family services. The 43 remaining members, including the coroner or medical examiner

1 [4747] 180 1 and solicitor who shall serve ex officio, must be appointed by the 2 Governor for terms of four years and until their successors are 3 appointed and qualify. 4 (C) A chairman and vice chairman of the committee must be 5 elected from among the members by a majority vote of the 6 membership for a term of two years. 7 (D) Meetings of the committee must be held at least quarterly. 8 A majority of the committee constitutes a quorum. 9 (E) Each ex officio member shall provide sufficient staff and 10 administrative support to carry out the responsibilities of this 11 article. 12 13 Section 63-11-1940. (A) The purpose of the department is to 14 expeditiously investigate child deaths in all counties of the State. 15 (B) To achieve its purpose, the department shall: 16 (1) upon receipt of a report of a child death from the county 17 coroner or medical examiner, as required by Section 17-5-540, 18 investigate and gather all information on the child fatality. The 19 coroner or medical examiner immediately shall request an autopsy 20 if SLED determines that an autopsy is necessary. The autopsy 21 must be performed by a pathologist with forensic training as soon 22 as possible. The pathologist shall inform the department of the 23 findings within forty-eight hours of completion of the autopsy. If 24 the autopsy reveals the cause of death to be pathological or an 25 unavoidable accident, the case must be closed by the department. 26 If the autopsy reveals physical or sexual trauma, suspicious 27 markings, or other findings that are questionable or yields no 28 conclusion to the cause of death, the department immediately must 29 begin an investigation; 30 (2) request assistance of any other local, county, or state 31 agency to aid in the investigation; 32 (3) upon receipt of additional investigative information, 33 reopen a SLED case, and request in writing as soon as possible for 34 the coroner to reopen a case for another coroner’s inquest; 35 (4) upon receipt of the notification required by item (1), 36 review agency records for information regarding the deceased 37 child or family. Information available to the department pursuant 38 to Section 63-11-1960 and information which is public under 39 Chapter 4, Title 30, the Freedom of Information Act, must be 40 available as needed to the county coroner or medical examiner and 41 county department of social services; 42 (5) report the activities and findings related to a child fatality 43 to the State Child Fatality Advisory Committee;

1 [4747] 181 1 (6) develop a protocol for child fatality reviews; 2 (7) develop a protocol for the collection of data regarding 3 child deaths as related to Section 17-5-540 and provide training to 4 local professionals delivering services to children, county coroners 5 and medical examiners, and law enforcement agencies on the use 6 of the protocol; 7 (8) study the operations of local investigations of child 8 fatalities, including the statutes, regulations, policies, and 9 procedures of the agencies involved with children’s services and 10 child death investigations; 11 (9) examine confidentiality and access to information 12 statutes, regulations, policies, and procedures for agencies with 13 responsibilities for children, including, but not limited to, health, 14 public welfare, education, social services, mental health, alcohol 15 and other substance abuse, and law enforcement agencies and 16 determine whether those statutes, regulations, policies, or 17 procedures impede the exchange of information necessary to 18 protect children from preventable deaths. If the department 19 identifies a statute, regulation, policy, or procedure that impedes 20 the necessary exchange of information, the department shall notify 21 the committee and the agencies serving on the committee and the 22 committee shall include proposals for changes to statutes, 23 regulations, policies, or procedures in the committee’s annual 24 report; 25 (10) develop a Forensic Pathology Network available to 26 coroners and medical examiners for prompt autopsy findings; 27 (11) submit to the Governor and the General Assembly, an 28 annual report and any other reports prepared by the department, 29 including, but not limited to, the department’s findings and 30 recommendations; 31 (12) promulgate regulations necessary to carry out its 32 purposes and responsibilities under this article. 33 34 Section 63-11-1950. (A) The purpose of the State Child 35 Fatality Advisory Committee is to decrease the incidences of 36 preventable child deaths by: 37 (1) developing an understanding of the causes and 38 incidences of child deaths; 39 (2) developing plans for and implementing changes within 40 the agencies represented on the committee which will prevent 41 child deaths; and

1 [4747] 182 1 (3) advising the Governor and the General Assembly on 2 statutory, policy, and practice changes which will prevent child 3 deaths. 4 (B) To achieve its purpose, the committee shall: 5 (1) meet with the department no later than one month after 6 the department receives notification by the county coroner or 7 medical examiner pursuant to Section 17-5-540 to review the 8 investigation of the death; 9 (2) undertake annual statistical studies of the incidences and 10 causes of child fatalities in this State. The studies shall include an 11 analysis of community and public and private agency involvement 12 with the decedents and their families before and subsequent to the 13 deaths; 14 (3) the committee shall consider training, including 15 cross-agency training, consultation, technical assistance needs, and 16 service gaps. If the committee determines that changes to any 17 statute, regulation, policy, or procedure is needed to decrease the 18 incidence of preventable child deaths, the committee shall include 19 proposals for changes to statutes, regulations, policies, and 20 procedures in the committee’s annual report; 21 (4) educate the public regarding the incidences and causes of 22 child deaths, the public role in preventing these deaths, and 23 specific steps the public can undertake to prevent child deaths. 24 The committee shall enlist the support of civic, philanthropic, and 25 public service organizations in performing the committee’s 26 education duties; 27 (5) develop and implement policies and procedures for its 28 own governance and operation; 29 (6) submit to the Governor and the General Assembly, an 30 annual written report and any other reports prepared by the 31 committee, including, but not limited to, the committee’s findings 32 and recommendations. Annual reports must be made available to 33 the public. 34 35 Section 63-11-1960. Upon request of the department and as 36 necessary to carry out the department’s purpose and duties, the 37 department immediately must be provided: 38 (1) by a provider of medical care, access to information and 39 records regarding a child whose death is being reviewed by the 40 department, including information on prenatal care; 41 (2) access to all information and records maintained by any 42 state, county, or local government agency, including, but not 43 limited to, birth certificates, law enforcement investigation data,

1 [4747] 183 1 county coroner or medical examiner investigation data, parole and 2 probation information and records, and information and records of 3 social services and health agencies that provided services to the 4 child or family, including information made strictly confidential in 5 Section 63-7-940 concerning unfounded reports of abuse or 6 neglect. 7 8 Section 63-11-1970. When necessary in the discharge of the 9 duties of the department and upon application of the department, 10 the clerks of court shall issue a subpoena or subpoena duces tecum 11 to any state, county, or local agency, board, or commission or to 12 any representative of any state, county, or local agency, board, or 13 commission or to a provider of medical care to compel the 14 attendance of witnesses and production of documents, books, 15 papers, correspondence, memoranda, and other relevant records to 16 the discharge of the department’s duties. Failure to obey a 17 subpoena or subpoena duces tecum issued pursuant to this section 18 may be punished as contempt. 19 20 Section 63-11-1980. (A) Meetings of the committee and 21 department are closed to the public and are not subject to Chapter 22 4, Title 30, the Freedom of Information Act, when the committee 23 and department are discussing individual cases of child deaths. 24 (B) Except as provided in subsection (C), meetings of the 25 committee are open to the public and subject to the Freedom of 26 Information Act when the committee is not discussing individual 27 cases of child deaths. 28 (C) Information identifying a deceased child or a family 29 member, guardian, or caretaker of a deceased child, or an alleged 30 or suspected perpetrator of abuse or neglect upon a child may not 31 be disclosed during a public meeting and information regarding the 32 involvement of any agency with the deceased child or family may 33 not be disclosed during a public meeting. 34 (D) Violation of this section is a misdemeanor and, upon 35 conviction, a person must be fined not more than five hundred 36 dollars or imprisoned not more than six months, or both. 37 38 Section 63-11-1990. (A) All information and records acquired 39 by the committee and by the department in the exercise of their 40 purposes and duties pursuant to this article are confidential, 41 exempt from disclosure under Chapter 4, Title 30, the Freedom of 42 Information Act, and only may be disclosed as necessary to carry 43 out the committee’s and department’s duties and purposes.

1 [4747] 184 1 (B) Statistical compilations of data which do not contain 2 information that would permit the identification of a person to be 3 ascertained are public records. 4 (C) Reports of the committee and department which do not 5 contain information that would permit the identification of a 6 person to be ascertained are public information. 7 (D) Except as necessary to carry out the committee’s and 8 department’s purposes and duties, members of the committee and 9 department and persons attending their meeting may not disclose 10 what transpired at a meeting which is not public under Section 11 63-11-1970 and may not disclose information, the disclosure of 12 which is prohibited by this section. 13 (E) Members of the committee, persons attending a committee 14 meeting, and persons who present information to the committee 15 may not be required to disclose in any civil or criminal proceeding 16 information presented in or opinions formed as a result of a 17 meeting, except that information available from other sources is 18 not immune from introduction into evidence through those sources 19 solely because it was presented during proceedings of the 20 committee or department or because it is maintained by the 21 committee or department. Nothing in this subsection may be 22 construed to prevent a person from testifying to information 23 obtained independently of the committee or which is public 24 information. 25 (F) Information, documents, and records of the committee and 26 department are not subject to subpoena, discovery, or the Freedom 27 of Information Act, except that information, documents, and 28 records otherwise available from other sources are not immune 29 from subpoena, discovery, or the Freedom of Information Act 30 through those sources solely because they were presented during 31 proceedings of the committee or department or because they are 32 maintained by the committee or department. 33 (G) Violation of this section is a misdemeanor and, upon 34 conviction, a person must be fined not more than five hundred 35 dollars or imprisoned for not more than six months, or both. 36 37 CHAPTER 13 38 39 Childcare Facilities 40 41 Article 1 42 43 General Provisions

1 [4747] 185 1 2 Section 63-13-10. (A) The intent of this chapter is to define 3 the regulatory duties of government necessary to safeguard 4 children in care in places other than their own homes, ensuring for 5 them minimum levels of protection and supervision. Toward that 6 end, it is the purpose of this chapter to establish statewide 7 minimum regulations for the care and protection of children in 8 childcare facilities, to ensure maintenance of these regulations and 9 to approve administration and enforcement to regulate conditions 10 in such facilities. It is the policy of the State to ensure protection of 11 children under care in childcare facilities, and to encourage the 12 improvement of childcare programs. 13 (B) It is the further intent of this chapter that the freedom of 14 religion of all citizens is inviolate. Nothing in this chapter shall 15 give any governmental agency jurisdiction or authority to regulate, 16 supervise, or in any way be involved in any Sunday school, 17 Sabbath school, religious services or any nursery service or other 18 program conducted during religious or church services primarily 19 for the convenience of those attending the services. 20 (C) Nothing in this chapter shall create authority for the 21 Department of Social Services to influence or regulate the 22 curriculum of childcare facilities. 23 24 Section 63-13-20. For the purpose of this chapter: 25 (1) ‘Caregiver’ means any person whose duties include direct 26 care, supervision, and guidance of children in a childcare facility. 27 (2) ‘Childcare’ means the care, supervision, or guidance of a 28 child or children, unaccompanied by the parent, guardian, or 29 custodian, on a regular basis, for periods of less than twenty-four 30 hours per day, but more than four hours, in a place other than the 31 child’s or the children’s own home or homes. 32 (3) ‘Childcare center’ means any facility which regularly 33 receives thirteen or more children for childcare. 34 (4) ‘Childcare facilities’ means a facility which provides care, 35 supervision, or guidance for a minor child who is not related by 36 blood, marriage, or adoption to the owner or operator of the 37 facility whether or not the facility is operated for profit and 38 whether or not the facility makes a charge for services offered by 39 it. This definition includes, but is not limited to, day nurseries, 40 nursery schools, childcare centers, group childcare homes, and 41 family childcare homes. The term does not include: 42 (a) an educational facility, whether private or public, which 43 operates solely for educational purposes in grade one or above;

1 [4747] 186 1 (b) five-year-old kindergarten programs; 2 (c) kindergartens or nursery schools or other daytime 3 programs, with or without stated educational purposes, operating 4 no more than four hours a day and receiving children younger than 5 lawful school age; 6 (d) facilities operated for more than four hours a day in 7 connection with a shopping center or service or other similar 8 facility, where the same children are cared for less than four hours 9 a day and not on a regular basis as defined in this chapter while 10 parents or custodians of the children are occupied on the premises 11 or are in the immediate vicinity and immediately available; 12 however, these facilities must meet local fire and sanitation 13 requirements and maintain documentation on these requirements 14 on file at the facility available for public inspection; 15 (e) school vacation or school holiday day camps for children 16 operating in distinct sessions running less than three weeks per 17 session unless the day camp permits children to enroll in 18 successive sessions so that their total attendance may exceed three 19 weeks; 20 (f) summer resident camps for children; 21 (g) bible schools normally conducted during vacation 22 periods; 23 (h) facilities for the mentally retarded provided for in 24 Chapter 21, Title 44; 25 (i) facilities for the mentally ill as provided for in Chapter 26 17, Title 44; 27 (j) childcare centers and group childcare homes owned and 28 operated by a local church congregation or an established religious 29 denomination or a religious college or university which does not 30 receive state or federal financial assistance for childcare services; 31 however, these facilities must comply with the provisions of 32 Article 9, and Sections 63-13-60 and 63-13-110 and that these 33 facilities voluntarily may elect to become licensed according to the 34 process as set forth in Article 3 and Sections 63-13-30, 63-13-40, 35 63-13-70, 63-13-80, 63-13-90, 63-13-100, 63-13-160, and 36 63-13-170. 37 (5) ‘Childcare operator’ means the person, corporation, 38 partnership, voluntary association, or other public or private 39 organization ultimately responsible for the overall operation of a 40 childcare facility. 41 (6) ‘Committee’ means the State Advisory Committee on the 42 Regulation of Childcare Facilities, named under this chapter to

1 [4747] 187 1 advise the department on regulatory matters related to childcare 2 facilities. 3 (7) ‘Complaint’ means a written statement reporting 4 unsatisfactory conditions in a childcare facility. 5 (8) ‘Curriculum’ means and includes design of courses, 6 teaching philosophy, methods, and activities. 7 (9) ‘Declaratory order’ means a written statement on the part 8 of the department approving plans for construction or renovation 9 ensuring against the imposition of more stringent regulations at a 10 later date. 11 (10) ‘Deficiency correction notice’ means a written statement on 12 the part of the department notifying a childcare facility which is 13 not complying with any applicable regulations to correct the 14 deficiencies stated in the notice within a reasonable time limit. 15 (11) ‘Department’ means the State Department of Social 16 Services, the agency designated to administer the regulation of 17 childcare facilities under this chapter, with the advice of the State 18 Advisory Committee on the Regulation of Childcare Facilities. 19 (12) ‘Director’ means the administrative head of the department. 20 (13) ‘Family childcare home’ means a facility within a residence 21 occupied by the operator in which childcare is regularly provided 22 for no more than six children, unattended by a parent or legal 23 guardian, including those children living in the home and children 24 received for childcare who are related to the resident caregiver. 25 However, an occupied residence in which childcare is provided 26 only for a child or children related to the resident caregiver or only 27 for the child or children of one unrelated family or only for a 28 combination of these children is not a family childcare home. 29 (14) ‘Group childcare home’ means a facility within a residence 30 occupied by the operator which regularly provides childcare for at 31 least seven but not more than twelve children, unattended by a 32 parent or a legal guardian including those children living in the 33 home and children received for childcare who are related to the 34 resident caregiver. However, an occupied residence in which 35 childcare is provided only for a child or children related to the 36 resident caregiver or only for the child or children of one unrelated 37 family or only for a combination of these children is not a group 38 childcare home. 39 (15) ‘Infant’ means a child age twelve months or younger for 40 the purposes of this chapter. 41 (16) ‘Minor child’ means a person who has not reached the 42 eighteenth birthday.

1 [4747] 188 1 (17) ‘Private childcare facility’ means a facility as defined under 2 item b. of this section which is not a public childcare facility, and 3 which is able to be further classified as follows: 4 (a) ‘Entrepreneurial childcare facility’ means a facility 5 whose childcare operator may receive public assistance funds 6 directly or indirectly but which is managed as a profit-making 7 business enterprise and whose corporation or private ownership is 8 liable for payment of federal and state income taxes on profits 9 earned by the facility. 10 (b) ‘Nonprofit childcare facility’ means a facility whose 11 childcare operator may receive public assistance funds directly or 12 indirectly but which is operated under the tutelage and control of a 13 nonprofit or eleemosynary corporation, foundation, association, or 14 other organization whose ownership may or may not be liable for 15 payment of federal and state income taxes on profits earned by the 16 facility. 17 (18) ‘Provisional approval’ means a written notice issued by the 18 department to a department, agency, or institution of the State, or a 19 county, city, or other political subdivision approving the 20 commencement of the operations of a public childcare center or 21 group childcare home although the operator is temporarily unable 22 to comply with all of the requirements for approval. 23 (19) ‘Provisional license’ means a license issued by the 24 department to an operator of a private childcare center or group 25 childcare home or a family childcare home which elects to be 26 licensed authorizing the licensee to begin operations although the 27 licensee temporarily is unable to comply with all of the 28 requirements for a license. 29 (20) ‘Public childcare facility’ means a facility as defined under 30 item b of this section which was created and exists by act of the 31 State, or a county, city or other political subdivision, whose 32 operation remains under the tutelage and control of a governmental 33 agency. 34 (21) ‘Registration’ means the process whereby childcare centers 35 and group childcare homes owned and operated by a church or a 36 publicly recognized religious educational or religious charitable 37 institution are regulated under this chapter and the process 38 whereby all family childcare homes are regulated under this 39 chapter. 40 (22) ‘Regular approval’ means a written notice issued by the 41 department for a two-year period to a department, agency, or 42 institution of the State, or a county, city, or other political 43 subdivision, approving the operation of a public childcare center or

1 [4747] 189 1 group childcare home in accordance with the provisions of the 2 notice, this chapter, and the regulations of the department. 3 (23) ‘Regular license’ means a license issued by the department 4 for two years to an operator of a private childcare center or group 5 childcare home or a family childcare home which elects to be 6 licensed showing that the licensee is in compliance with the 7 provisions of this chapter and the regulations of the department at 8 the time of issuance and authorizing the licensee to operate in 9 accordance with the license, this chapter, and the regulations of the 10 department. 11 (24) ‘Regularly, or on a regular basis’: these terms refer to the 12 frequency with which childcare services are available and provided 13 at a facility in any one week; these terms mean the availability and 14 provision of periods of daycare on more than two days in such 15 week. 16 (25) ‘Related’ means any of the following relationships by 17 marriage, blood, or adoption: parent, grandparent, brother, sister, 18 stepparent, stepsister, stepbrother, uncle, aunt, cousin of the first 19 degree. 20 (26) ‘Renewal’ means in regard to childcare centers and group 21 childcare homes, to grant an extension of a regular license or 22 regular approval for another two-year period provided an 23 investigation of such facilities verifies that they are in compliance 24 with the applicable regulations, in regard to family childcare 25 homes, to place the name of the operator on the registration list for 26 another year provided procedures indicated in this chapter have 27 been completed. 28 (27) ‘Revocation’ means to void the regular license of a 29 childcare center or group childcare home. 30 (28) ‘Summer day camp for children’ means a program offered 31 during the summer that provides recreational activities primarily 32 during daytime hours throughout the period of the program and 33 may include an occasional overnight activity under the supervision 34 of the operator. 35 (29) ‘Summer resident camp for children’ means a twenty- 36 four-hour residential program offered during the summer that 37 provides recreational activities for children. 38 39 Section 63-13-30. (A) A caregiver who begins employment in 40 a licensed or approved childcare center in South Carolina after 41 June 30, 1994, must have at least a high school diploma or General 42 Educational Development (GED) and at least six months’ 43 experience as a caregiver in a licensed or approved childcare

1 [4747] 190 1 facility. If a caregiver does not meet the experience requirements, 2 the caregiver must be directly supervised for six months by a staff 3 person with at least one year experience as a caregiver in a 4 licensed or approved childcare facility. Within six months of being 5 employed, a caregiver must have six clock hours of training in 6 child growth and development and early childhood education or 7 shall continue to be under the direct supervision of a caregiver who 8 has at least one year of experience as a caregiver in a licensed or 9 approved childcare facility. 10 (B) A caregiver who has two years’ experience as a caregiver 11 in a licensed or approved facility and is employed as of July 1, 12 1994, in a licensed or approved childcare center in South Carolina 13 is exempt from the high school diploma and General Educational 14 Development (GED) requirements of subsection (A). 15 16 Section 63-13-40. (A) No childcare center, group childcare 17 home, family childcare home, or church or religious childcare 18 center may employ a person or engage the services of a caregiver 19 who is required to register under the sex offender registry act 20 pursuant to Section 23-3-430 or who has been convicted of: 21 (1) a crime listed in Chapter 3 of Title 16, Offenses Against 22 the Person; 23 (2) a crime listed in Chapter 15 of Title 16, Offenses Against 24 Morality and Decency; 25 (3) the crime of contributing to the delinquency of a minor, 26 contained in Section 16-17-490; 27 (4) the felonies classified in Section 16-1-10(A), except that 28 this prohibition does not apply to Section 56-5-2930, the Class F 29 felony of driving under the influence pursuant to Section 30 56-5-2940(4) if the conviction occurred at least ten years prior to 31 the application for employment and the following conditions are 32 met: 33 (a) the person has not been convicted in this State or any 34 other state of an alcohol or drug violation during the previous 35 ten-year period; 36 (b) the person has not been convicted of and has no 37 charges pending in this State or any other state for a violation of 38 driving while his license is canceled, suspended, or revoked during 39 the previous ten-year period; and 40 (c) the person has completed successfully an alcohol or 41 drug assessment and treatment program provided by the South 42 Carolina Department of Alcohol and Other Drug Abuse Services 43 or an equivalent program designated by that agency.

1 [4747] 191 1 A person who has been convicted of a first-offense violation of 2 Section 56-5-2930 must not drive a motor vehicle or provide 3 transportation while in the official course of his duties as an 4 employee of a childcare center, group childcare home, family 5 childcare home, or church or religious childcare center. 6 If the person subsequently is convicted of, receives a sentence 7 upon a plea of guilty or of nolo contendere, or forfeits bail posted 8 for a violation of Section 56-5-2930 or for a violation of another 9 law or ordinance of this State or any other state or of a 10 municipality of this State or any other state that prohibits a person 11 from operating a motor vehicle while under the influence of 12 intoxicating liquor, drugs, or narcotics, the person’s employment 13 must be terminated; 14 (5) the offenses enumerated in Section 16-1-10(D); or 15 (6) a criminal offense similar in nature to the crimes listed in 16 this subsection committed in other jurisdictions or under federal 17 law. 18 This section does not prohibit employment or provision of 19 caregiver services when a conviction or plea of guilty or nolo 20 contendere for one of the crimes enumerated in this subsection has 21 been pardoned. However, notwithstanding the entry of a pardon, 22 an operator or the department may consider all information 23 available, including the person’s pardoned convictions or pleas and 24 the circumstances surrounding them, to determine whether the 25 applicant is unfit or otherwise unsuited for employment or to 26 provide caregiver services. 27 (B) A person who has been convicted of a crime enumerated in 28 subsection (A) who applies for employment with, is employed by, 29 or is a caregiver at a childcare center, group childcare home, 30 family childcare home, or church or religious childcare center is 31 guilty of a misdemeanor and, upon conviction, must be fined not 32 more than five thousand dollars or imprisoned not more than one 33 year, or both. 34 (C) Application forms for employment at childcare centers, 35 group childcare homes, family childcare homes, or church or 36 religious childcare centers must include, at the top of the form in 37 large bold type, a statement indicating that a person who has been 38 convicted of a crime enumerated in subsection (A) who applies for 39 employment with, is employed by, or seeks to provide caregiver 40 services or is a caregiver at a facility is guilty of a misdemeanor 41 and, upon conviction, must be fined not more than five thousand 42 dollars or imprisoned not more than one year, or both.

1 [4747] 192 1 (D) To be employed by or to provide caregiver services at a 2 childcare facility licensed, registered, or approved under this 3 chapter, a person first shall undergo a state fingerprint review to be 4 conducted by the State Law Enforcement Division to determine 5 any state criminal history and a fingerprint review to be conducted 6 by the Federal Bureau of Investigation to determine any other 7 criminal history. A person may be provisionally employed or may 8 provisionally provide caregiver services after the favorable 9 completion of the State Law Enforcement Division fingerprint 10 review and until such time as the Federal Bureau of Investigation 11 review is completed if the person affirms in writing on a form 12 provided by the department that he or she has not been convicted 13 of any crime enumerated in this section. The results of the 14 fingerprint reviews are valid and reviews are not required to be 15 repeated as long as the person remains employed by or continues 16 providing caregiver services in a childcare center, group childcare 17 home, family childcare home, or church or religious childcare 18 center; however, if a person is not employed or does not provide 19 caregiver services for one year or longer, the fingerprint reviews 20 must be repeated. 21 (E) Unless otherwise required by law, this section does not 22 apply to volunteers in a childcare center, group childcare home, 23 family childcare home, or church or religious childcare center. For 24 purposes of this section, ‘volunteer’ means a person who: 25 (1) provides services without compensation relating to the 26 operation of a childcare center, group childcare home, family 27 childcare home, or church or religious childcare center; and 28 (2) is in the presence of an operator, employee, or caregiver 29 when providing direct care to children. 30 ‘Volunteer’ includes, but is not limited to, parents, grandparents, 31 students, and student teachers. 32 (F) Unless otherwise required by law, this section applies to: 33 (1) an employee who provides care to the child or children 34 without the direct personal supervision of a person licensed, 35 registered, or approved under this chapter; and 36 (2) any other employee at a facility licensed, registered, or 37 approved under this chapter who has direct access to a child 38 outside the immediate presence of a person who has undergone the 39 fingerprint review required under this chapter. 40 41 Section 63-13-50. The fingerprint reviews required by this 42 chapter are not required of a certified education personnel who has 43 undergone a fingerprint review pursuant to Section 59-26-40 or of

1 [4747] 193 1 a person licensed as a foster parent who has undergone a state and 2 federal fingerprint review pursuant to Section 63-7-2340, and the 3 results of these reviews have been submitted to the department and 4 the person has remained employed since the review in certified 5 education or licensed as a foster parent or the reviews have been 6 conducted within the preceding year. 7 8 Section 63-13-60. For conducting a state criminal history 9 review as required by this chapter State Law Enforcement Division 10 may not impose a fee greater than the fee imposed by the Federal 11 Bureau of Investigation for conducting such a review. 12 13 Section 63-13-70. Every childcare center or group childcare 14 home shall maintain a register setting forth essential facts 15 concerning each child enrolled under the age of eighteen years. 16 17 Section 63-13-80. (A) In exercising the powers of licensing, 18 approving, renewing, revoking, or making provisional licenses and 19 approvals, the department shall investigate and inspect licensees 20 and approved operators and applicants for a license or an approval. 21 The authorized representative of the department may visit a 22 childcare center or group childcare home anytime during the hours 23 of operation for purposes of investigations and inspections. In 24 conducting investigations and inspections, the department may call 25 on political subdivisions and governmental agencies for 26 appropriate assistance within their authorized fields. The 27 inspection of the health and fire safety of childcare centers and 28 group childcare homes must be completed upon the request of the 29 department by the appropriate agencies (i.e., Department of Health 30 and Environmental Control, the Office of the State Fire Marshal, 31 or local authorities). Inspection reports completed by state 32 agencies and local authorities must be furnished to the department 33 and become a part of its determination of conformity for licensing 34 and approval. After careful consideration of the reports and 35 consultation where necessary, the department shall assume 36 responsibility for the final determination of licensing, approving, 37 renewing, revoking, or making provisional licenses and approvals. 38 (B) Before issuing a license or approval the department shall 39 conduct an investigation of the applicant and the proposed plan of 40 care for children and for operating a childcare center or a group 41 childcare home. If the results of the investigation satisfy the 42 department that the provisions of this chapter and the applicable

1 [4747] 194 1 regulations promulgated by the department are satisfied, a license 2 or approval must be issued. 3 4 Section 63-13-90. At the time of initial licensing, approval, or 5 registration a childcare facility must provide proof of conformity 6 or authorized nonconformity with county or municipal zoning 7 ordinances or resolutions. The department may impose conditions 8 on the license, approval, or registration consistent with restrictions 9 imposed by zoning authorities. 10 11 Section 63-13-100. (A) The department has power to issue a 12 provisional registration, provisional license, or provisional 13 approval only when the department is satisfied that: 14 (1) the regulations can and will be met within a reasonable 15 time; and 16 (2) the deviations do not seriously threaten the health or 17 safety of the children. A provisional registration, provisional 18 license, or provisional approval, may be extended for a period as 19 may be determined by the department. 20 (B) Except as noted in subsection (C) of this section, no 21 provisional license or provisional approval may be issued effective 22 for any longer than one year. 23 (C) Any facility granted a license or exempt from obtaining a 24 license under the act previously in effect in this State and which 25 does not qualify for a regular license under this chapter must be 26 granted a provisional license in accord with subsection a. of this 27 section. The provisional license may be issued without regard to 28 the time limit of subsection (B) of this section. No provisional 29 license issued under subsection (C) is effective, either by its initial 30 issue or by renewal, for a period greater than three years. 31 32 Section 63-13-110. During the hours of operation all childcare 33 facilities, except registered family childcare homes, must have on 34 the premises at least one caregiver with a current certificate for the 35 provision of basic first aid and child-infant cardiopulmonary 36 resuscitation. 37 38 Section 63-13-120. The Department of Social Services in 39 conjunction with existing training regulations shall make available 40 to childcare owners and operators staff training on domestic 41 violence including, but not limited to: 42 (1) the nature, extent, and causes of domestic and family 43 violence;

1 [4747] 195 1 (2) issues of domestic and family violence concerning 2 children; 3 (3) prevention of the use of violence by children; 4 (4) sensitivity to gender bias and cultural, racial, and sexual 5 issues; 6 (5) the lethality of domestic and family violence; 7 (6) legal issues relating to domestic violence and child custody. 8 9 Section 63-13-130. The department shall offer consultation 10 through employed staff or other qualified person to assist 11 applicants and operators in meeting and maintaining regulations. 12 13 Section 63-13-140. Upon request of an applicant or operator, the 14 department shall offer consultation to address any aspect of 15 compliance with this chapter or the regulations promulgated under 16 this chapter. Consultation includes, but is not limited to, review 17 and comment on drawings and specifications related to 18 construction and renovations proposed by a facility. 19 20 Section 63-13-150. At any time the department cites a childcare 21 center, group childcare home, or family childcare home for a 22 violation of this chapter or regulations promulgated pursuant to 23 this chapter, the department shall provide the owner and operator 24 of the center with a brochure stating, in language easily 25 understood, the rights and procedures available to the owner or 26 operator for a hearing in accordance with the department’s fair 27 hearing regulations and the rights and procedures available to 28 appeal a decision rendered under the department’s fair hearing 29 process. 30 31 Section 63-13-160. The department is empowered to seek an 32 injunction against the continuing operation of a childcare facility 33 in the family court having jurisdiction over the county in which the 34 facility is located: 35 (1) when a facility is operating without a license or statement 36 of registration; 37 (2) when there is any violation of this chapter or of the 38 regulations promulgated by the department which threatens serious 39 harm to children in the childcare facility; 40 (3) when an operator has repeatedly violated this chapter or the 41 regulations of the department. 42

1 [4747] 196 1 Section 63-13-170. A person violating the provisions of this 2 chapter is guilty of a misdemeanor and, upon conviction, must be 3 punished by a fine not exceeding one thousand five hundred 4 dollars or imprisonment not exceeding six months, or both. 5 6 Section 63-13-180. (A) The department shall with the advice 7 and consent of the Advisory Committee develop and promulgate 8 regulations depending upon the nature of services to be provided 9 for the operation and maintenance of childcare centers and group 10 childcare homes. The department with the advice of the Advisory 11 Committee shall develop suggested standards which shall serve as 12 guidelines for the operators of family childcare homes and the 13 parents of children who use the service. In developing these 14 regulations and suggested standards, the department shall consult 15 with: 16 (1) Other state agencies, including the State Department of 17 Health and Environmental Control, the Office of the State Fire 18 Marshal, and the Office of the Attorney General. 19 (2) Parents, guardians, or custodians of children using the 20 service. 21 (3) Child advocacy groups. 22 (4) The State Advisory Committee on the Regulation of 23 Childcare Facilities established by this chapter. 24 (5) Operators of childcare facilities from all sectors. 25 (6) Professionals in fields relevant to childcare and 26 development. 27 (7) Employers of parents, guardians, or custodians of 28 children using the service. 29 Draft formulations must be widely circulated for criticism and 30 comment. 31 (B) The regulations for operating and maintaining childcare 32 centers and group childcare homes and the suggested standards for 33 family childcare homes must be designed to promote the health, 34 safety, and welfare of the children who are to be served by 35 assuring safe and adequate physical surroundings and healthful 36 food; by assuring supervision and care of the children by capable, 37 qualified personnel of sufficient number. The regulations with 38 respect to licensing and approval, and the suggested standards with 39 respect to registration of family childcare homes must be designed 40 to promote the proper and efficient processing of matters within 41 the cognizance of the department and to assure applicants, 42 licensees, approved operators, and registrants fair and expeditious 43 treatment under the law.

1 [4747] 197 1 (C) The department shall conduct a comprehensive review of 2 its licensing and approval regulations and family childcare home 3 suggested standards at least once each three years. 4 (D) No regulations for childcare facilities may exceed policies 5 or minimum standards set for public childcare facilities regulated 6 under this chapter. 7 (E) The department shall submit final drafts of its regulations 8 to the Legislative Council as proposed regulations, and the 9 Administrative Procedures Act Sections 1-23-10 et seq., governs 10 their promulgation. 11 (F) The department shall establish a procedure for its 12 representatives to follow in receiving and recording complaints. 13 Standard forms may be produced and made available to parents 14 and users of facilities upon request to the department. A copy of 15 any complaint must be made available to the involved operator 16 immediately upon his request. 17 18 Section 63-13-190. (A)(1) Before the Department of Social 19 Services employs a person in its childcare licensing or child 20 protective services divisions, the person shall undergo a state 21 fingerprint review to be conducted by the State Law Enforcement 22 Division to determine any state criminal history and a fingerprint 23 review to be conducted by the Federal Bureau of Investigation to 24 determine any other criminal history. No person may be employed 25 in these divisions if the person has been convicted of or pled guilty 26 or nolo contendere to any crime listed in Section 63-13-40(A). 27 (2) This section does not prohibit employment when a 28 conviction or plea of guilty or nolo contendere for one of the 29 crimes listed has been pardoned. However, notwithstanding the 30 entry of a pardon, the department may consider all information 31 available, including the person’s pardoned convictions or pleas and 32 the circumstances surrounding them, to determine whether the 33 applicant is unfit or otherwise unsuited for employment. 34 (B) Notwithstanding subsection (A) or any other provision of 35 law, a person may be provisionally employed in the childcare 36 licensing or child protective services divisions upon receipt and 37 review of the results of the State Law Enforcement Division 38 fingerprint review if the results show no convictions of the crimes 39 referenced in subsection (A). Pending receipt of the results of the 40 Federal Bureau of Investigation fingerprint review, the department 41 must obtain from the prospective employee a written affirmation 42 on a form provided by the department that the employee has not 43 been convicted of any crime referenced in subsection (A).

1 [4747] 198 1 (C) A person who has been convicted of a crime referenced in 2 subsection (A) who applies for employment with the childcare 3 licensing or child protective services divisions is guilty of a 4 misdemeanor and, upon conviction, must be fined not more than 5 five thousand dollars or imprisoned not more than one year, or 6 both. 7 8 Section 63-13-200. It is a separate criminal offense, and a 9 felony, for a person to unlawfully commit any of the offenses 10 listed in Chapter 3 of Title 16, Offenses Against the Person, a 11 crime listed in Chapter 15 of Title 16, Offenses Against Morality 12 and Decency, or the crime of contributing to the delinquency of a 13 minor contained in Section 16-17-490 while within a radius of one 14 hundred yards of the grounds of a public or private childcare 15 facility. A person who commits this offense must, upon conviction, 16 be punished by a fine not to exceed ten thousand dollars or 17 imprisonment not to exceed ten years or both, in addition to any 18 other penalty imposed by law and not in lieu of any other penalty. 19 20 Article 3 21 22 Private Childcare Centers and 23 Group Childcare Homes 24 25 Section 63-13-410. No person, corporation, partnership, 26 voluntary association, or other organization may operate a private 27 childcare center or group childcare home unless licensed to do so 28 by the department. 29 30 Section 63-13-420. (A) Application for license must be made 31 on forms supplied by the department and in the manner it 32 prescribes. 33 (B) Before issuing a license the department shall conduct an 34 investigation of the applicant and the proposed plan of care for 35 children and for operating a private childcare center or group 36 childcare home. If the results of the investigation verify that the 37 provisions of this chapter and the applicable regulations 38 promulgated by the department are satisfied, a license must be 39 issued. The applicant shall cooperate with the investigation and 40 related inspections by providing access to the physical plant, 41 records, excluding financial records, and staff. Failure to comply 42 with the regulations promulgated by the department within the 43 time period specified in this chapter, if adequate notification of

1 [4747] 199 1 deficiencies has been made, is a ground for denial of application. 2 The investigation and inspections may involve consideration of 3 any facts, conditions, or circumstances relevant to the operation of 4 the childcare center or group childcare home, including references 5 and other information about the character and quality of the 6 personnel. 7 (C) Each license must be conditioned by stating clearly the 8 name and address of the licensee, the address of the childcare 9 center or group childcare home, and the number of children who 10 may be served. 11 (D) Failure of the department, except as provided in Section 12 63-13-200, to approve or deny an application within ninety days 13 results in the granting of a provisional license. 14 (E) No license may be issued to an operator who has been 15 convicted of: 16 (1) a crime listed in Chapter 3 of Title 16, Offenses Against 17 the Person; 18 (2) a crime listed in Chapter 15 of Title 16, Offenses Against 19 Morality and Decency; 20 (3) the crime of contributing to the delinquency of a minor, 21 contained in Section 16-17-490; 22 (4) the felonies classified in Section 16-1-10(A); 23 (5) the offenses enumerated in Section 16-1-10(D); or 24 (6) a criminal offense similar in nature to the crimes listed in 25 this subsection committed in other jurisdictions or under federal 26 law. 27 This section does not prohibit licensing when a conviction or 28 plea of guilty or nolo contendere for one of the crimes enumerated 29 in this subsection has been pardoned. However, notwithstanding 30 the entry of a pardon, the department may consider all information 31 available, including the person’s pardoned convictions or pleas and 32 the circumstances surrounding them, to determine whether the 33 person is unfit or otherwise unsuited to be an operator. 34 (F) Application forms for licenses issued under this section 35 must include, at the top of the form in large bold type, a statement 36 indicating that a person who has been convicted of a crime 37 enumerated in subsection (E) who applies for a license as an 38 operator is guilty of a misdemeanor and, upon conviction, must be 39 fined not more than five thousand dollars or imprisoned not more 40 than one year, or both. 41 (G) A person applying for a license as an operator under this 42 section shall undergo a state fingerprint review to be conducted by 43 the State Law Enforcement Division to determine any state

1 [4747] 200 1 criminal history and a fingerprint review to be conducted by the 2 Federal Bureau of Investigation to determine any other criminal 3 history. The fingerprint reviews required by this subsection are not 4 required upon each renewal. 5 (H) A person applying for a license as an operator under this 6 section or seeking employment or seeking to provide caregiver 7 services at a facility licensed under this section shall undergo a 8 state fingerprint review to be conducted by the State Law 9 Enforcement Division to determine any state criminal history and a 10 fingerprint review to be conducted by the Federal Bureau of 11 Investigation to determine any other criminal history. The 12 fingerprint reviews required by this subsection are not required 13 upon each renewal unless the renewal coincides with employment 14 of a new operator, employee, or caregiver. 15 16 Section 63-13-430. (A) Regular licenses may be renewed upon 17 application and approval. Notification of a childcare center or 18 group childcare home regarding renewal is the responsibility of the 19 department. 20 (B) Application for renewal must be made on forms supplied 21 by the department in the manner it prescribes. 22 (C) Before renewing a license the department shall conduct an 23 investigation of the childcare center or group childcare home. If 24 the results of the investigation verify that the provisions of this 25 chapter and the applicable regulations promulgated by the 26 department are satisfied, the license must be renewed. The licensee 27 shall cooperate with the investigation and related inspections by 28 providing access to the physical plant, records, and staff. Failure to 29 comply with the regulations promulgated by the department within 30 the time period specified in this chapter, if adequate notification of 31 deficiencies has been made, is a ground for revocation of the 32 license. The investigation and inspections may involve 33 consideration of any facts, conditions, or circumstances relevant to 34 the operation of the childcare center or group childcare home. 35 (D) No license may be renewed for any operator who has been 36 convicted of: 37 (1) a crime listed in Chapter 3 of Title 16, Offenses Against 38 the Person; 39 (2) a crime listed in Chapter 15 of Title 16, Offenses Against 40 Morality and Decency; 41 (3) the crime of contributing to the delinquency of a minor, 42 contained in Section 16-17-490; 43 (4) the felonies classified in Section 16-1-10(A);

1 [4747] 201 1 (5) the offenses enumerated in Section 16-1-10(D); or 2 (6) a criminal offense similar in nature to the crimes listed in 3 this subsection committed in other jurisdictions or under federal 4 law. 5 This section does not prohibit renewal when a conviction or plea 6 of guilty or nolo contendere for one of the crimes enumerated in 7 this subsection has been pardoned. However, notwithstanding the 8 entry of a pardon, the department may consider all information 9 available, including the person’s pardoned convictions or pleas and 10 the circumstances surrounding them, to determine whether the 11 person is unfit or otherwise unsuited to be an operator. 12 (E) Application forms for license renewals issued under this 13 section must include, at the top of the form in large bold type, a 14 statement indicating that a person who has been convicted of a 15 crime enumerated in subsection (D) who applies for a license 16 renewal as operator is guilty of a misdemeanor and, upon 17 conviction, must be fined not more than five thousand dollars or 18 imprisoned not more than one year, or both. 19 (F) A licensee seeking license renewal under this section, its 20 employees, and its caregivers, who have not done so previously, 21 on the first renewal after June 30, 1995, shall undergo a state 22 fingerprint review to be conducted by the State Law Enforcement 23 Division to determine any state criminal history and a fingerprint 24 review to be conducted by the Federal Bureau of Investigation to 25 determine any other criminal history. 26 (G) No facility may employ or engage the services of an 27 employee or caregiver who has been convicted of one of the 28 crimes listed in this section. 29 30 Section 63-13-440. (A) Each childcare center or group 31 childcare home shall maintain its current license displayed in a 32 prominent place at all times and must state its license number in all 33 advertisements of the childcare center or group daycare home. 34 (B) No license may be transferred nor shall the location of any 35 childcare center or group childcare home or place of performance 36 of service be changed without the written consent of the 37 department. The department shall consent to the change for a 38 reasonable period of time when emergency conditions require it, so 39 long as the new location or place of performance substantially 40 conforms to state fire and health requirements. 41 (C) Upon occurrence of death of a child on the premises of a 42 childcare center or group childcare home in which the child is 43 enrolled or while under the constructive control of the holder of

1 [4747] 202 1 the license of the facility, it is the responsibility of the holder of the 2 license to notify the department within forty-eight hours and 3 follow up with a written report as soon as the stated cause of death 4 is certified by the appropriate government official. 5 6 Section 63-13-450. (A) Whenever the department finds upon 7 inspection that a private childcare center or group childcare home 8 is not complying with any applicable licensing regulations, the 9 department shall notify the operator to correct these deficiencies. 10 (B) Every correction notice must be in writing and must 11 include a statement of the deficiencies found, the period within 12 which the deficiencies must be corrected and the provision of the 13 chapter and regulations relied upon. The period must be reasonable 14 and, except when the department finds an emergency dangerous to 15 the health or safety of children, not less than thirty days from the 16 receipt of the notice. 17 (C) Within two weeks of receipt of the notice, the operator of 18 the facility may file a written request with the department for 19 administrative reconsideration of the notice or any portion of the 20 notice. 21 (D) The department shall grant or deny a written request within 22 seven days of filing and shall notify the operator of the grant or 23 denial. 24 (E) In the event that the operator of the facility fails to correct 25 deficiencies within the period prescribed, the department may 26 revoke the license. 27 28 Section 63-13-460. (A) An applicant who has been denied a 29 license by the department must be given prompt written notice by 30 certified or registered mail. The notice shall indicate the reasons 31 for the proposed action and shall inform the applicant of the right 32 to appeal the decision to the director in writing within thirty days 33 after the receipt of notice of denial. An appeal from the final 34 decision of the director may be taken to an administrative law 35 judge pursuant to the Administrative Procedures Act. 36 (B) A licensee whose application for renewal is denied or 37 whose license is about to be revoked must be given written notice 38 by certified or registered mail. The notice must contain the reasons 39 for the proposed action and shall inform the licensee of the right to 40 appeal the decision to the director or his designee in writing within 41 thirty calendar days after the receipt of the notice. An appeal from 42 the final decision of the director may be taken to an administrative 43 law judge pursuant to the Administrative Procedures Act.

1 [4747] 203 1 (C) At the hearing provided for in this section, the applicant or 2 licensee may be represented by counsel and has the right to call, 3 examine, and cross-examine witnesses and to otherwise introduce 4 evidence. Parents appearing at the hearing may also be represented 5 by counsel. The hearing examiner is empowered to require the 6 presence of witnesses and evidence by subpoena on behalf of the 7 appellant or department. The final decision of the department must 8 be in writing, must contain the department’s findings of fact and 9 rulings of law, and must be mailed to the parties to the proceedings 10 by certified or registered mail to their last known addresses as may 11 be shown in the application, or otherwise. A full and complete 12 record must be kept of all proceedings, and all testimony must be 13 reported but need not be transcribed unless the department’s 14 decision is appealed, or a transcript is requested by an interested 15 party. Upon an appeal, the department shall furnish to any 16 appellant, free of charges, a certified copy of the transcript of all 17 evidentiary proceedings before it. Other parties shall pay the cost 18 of transcripts prepared at their request. 19 (D) The decision of the department is final unless appealed by a 20 party to an administrative law judge pursuant to the Administrative 21 Procedures Act. 22 23 Article 5 24 25 Public Childcare Centers and 26 Group Childcare Homes 27 28 Section 63-13-610. Every operator or potential operator of a 29 public childcare center or group childcare home must apply to the 30 department for an investigation and a statement of standard 31 conformity or approval, except those facilities designated in 32 Section 63-13-20. 33 34 Section 63-13-620. (A) Application for a statement of standard 35 conformity or approval must be made on forms supplied by the 36 department and in the manner it prescribes. 37 (B) Before issuing approval the department shall conduct an 38 investigation of the applicant and the proposed plan of care for 39 children and for operating a public childcare center or group 40 childcare home. If the results of the investigation verify that the 41 provisions of the chapter and the applicable regulations 42 promulgated by the department are satisfied, approval must be 43 issued. The applicant shall cooperate with the investigation and

1 [4747] 204 1 inspections by providing access to the physical plant, records, and 2 staff. The investigation and related inspections may involve 3 consideration of any facts, conditions, or circumstances relevant to 4 the operation of the childcare center or group childcare home, 5 including references and other information about the character and 6 quality of the personnel. If the childcare center or group childcare 7 home fails to comply with the regulations promulgated by the 8 department within the time period specified in this chapter, if 9 adequate notification regarding deficiencies has been given, the 10 appropriate public officials of the state and local government must 11 be notified. 12 (C) A person applying for approval under this section shall 13 undergo a state fingerprint review to be conducted by the State 14 Law Enforcement Division to determine any state criminal history 15 and a fingerprint review to be conducted by the Federal Bureau of 16 Investigation to determine any other criminal history. The 17 fingerprint reviews required by this subsection are not required 18 upon each renewal. 19 (D) No approval may be granted under this section if the person 20 applying for approval or the operator, an employee, or a caregiver 21 of the facility has been convicted of: 22 (1) a crime listed in Chapter 3 of Title 16, Offenses Against 23 the Person; 24 (2) a crime listed in Chapter 15 of Title 16, Offenses Against 25 Morality and Decency; 26 (3) the crime of contributing to the delinquency of a minor, 27 contained in Section 16-17-490; 28 (4) the felonies classified in Section 16-1-10(A); 29 (5) the offenses enumerated in Section 16-1-10(D); or 30 (6) a criminal offense similar in nature to the crimes in this 31 subsection committed in other jurisdictions or under federal law. 32 This section does not prohibit approval when a conviction or 33 plea of guilty or nolo contendere for one of the crimes enumerated 34 in this subsection has been pardoned. However, notwithstanding 35 the entry of a pardon, the department may consider all information 36 available, including the person’s pardoned convictions or pleas and 37 the circumstances surrounding them, to determine whether the 38 person is unfit or otherwise unsuited as an applicant or to be an 39 operator, caregiver, or employee. 40 (E) Application forms for a statement of standard conformity or 41 approval issued under this section must include, at the top of the 42 form in large bold type, a statement indicating that a person who 43 has been convicted of a crime enumerated in subsection (D) who

1 [4747] 205 1 applies for approval is guilty of a misdemeanor and, upon 2 conviction, must be fined not more than five thousand dollars or 3 imprisoned not more than one year, or both. 4 (F) Application forms for a statement of standard conformity or 5 approval issued under this chapter by the department and 6 application forms for employment at individual public childcare 7 centers or group childcare homes must include, at the top of the 8 form in large bold type, a statement indicating that a person who 9 has been convicted of one of the crimes listed in this section who 10 applies for a license as operator, applies for employment with, is 11 employed by, seeks to provide caregiver services with, or is a 12 caregiver at a facility is guilty of a misdemeanor and, upon 13 conviction, must be fined not more than five thousand dollars or 14 imprisoned not more than one year, or both. 15 16 Section 63-13-630. (A) Regular approvals may be renewed 17 upon application and approval. Notification of a childcare center or 18 group childcare home regarding renewal is the responsibility of the 19 department. 20 (B) Application for renewal must be made on forms supplied 21 by the department and in the manner it prescribes. 22 (C) Before renewing an approval the department shall conduct 23 an investigation of the childcare center or group childcare home. If 24 the results of the investigation verify that the provisions of this 25 chapter and the applicable regulations promulgated by the 26 department are satisfied, the approval must be renewed. The 27 operator shall cooperate with the investigation and related 28 inspections by providing access to the physical plant, records, and 29 staff. If the operator’s statement of approval cannot be renewed, 30 the appropriate public officials must be notified. 31 (D) A person applying for approval renewal under this section, 32 a person who will operate the facility, and its employees and 33 caregivers, who have not done so previously, on the first approval 34 renewal after June 30, 1995, shall undergo a state fingerprint 35 review to be conducted by the State Law Enforcement Division to 36 determine any state criminal history and a fingerprint review to be 37 conducted by the Federal Bureau of Investigation to determine any 38 other criminal history. 39 No approval may be renewed under this section if the person 40 applying for renewal, the operator of the facility, or an employee 41 or a caregiver has been convicted of: 42 (1) a crime listed in Chapter 3 of Title 16, Offenses Against 43 the Person;

1 [4747] 206 1 (2) a crime listed in Chapter 15 of Title 16, Offenses Against 2 Morality and Decency; 3 (3) the crime of contributing to the delinquency of a minor, 4 contained in Section 16-17-490; 5 (4) the felonies classified in Section 16-1-10(A); 6 (5) the offenses enumerated in Section 16-1-10(D); or 7 (6) a criminal offense similar in nature to the crimes listed in 8 this subsection committed in other jurisdictions or under federal 9 law. 10 This section does not prohibit renewal when a conviction or plea 11 of guilty or nolo contendere for one of the crimes enumerated in 12 this subsection has been pardoned. However, notwithstanding the 13 entry of a pardon, the department may consider all information 14 available, including the person’s pardoned convictions or pleas and 15 the circumstances surrounding them, to determine whether the 16 person is unfit or otherwise unsuited as an applicant or to be an 17 operator, caregiver, or employee. 18 (E) Application forms for renewal of a statement of standard 19 conformity or approval issued under this section must include, at 20 the top of the form in large bold type, a statement indicating that a 21 person who has been convicted of a crime enumerated in 22 subsection (D) who applies for approval renewal is guilty of a 23 misdemeanor and, upon conviction, must be fined not more than 24 five thousand dollars or imprisoned not more than one year, or 25 both. 26 (F) No facility may employ or engage the services of an 27 employee or a caregiver who has been convicted of one of the 28 crimes listed in this section. 29 (G) Application forms for renewal of a statement of standard 30 conformity or approval issued under this article by the department 31 for individual public childcare centers or group childcare homes 32 must include, at the top of the form in large bold type, a statement 33 indicating that a person who has been convicted of one of the 34 crimes listed in this section who applies for a license as operator, 35 applies for employment with, is employed by, seeks to provide 36 caregiver services with, or is a caregiver at a facility is guilty of a 37 misdemeanor and, upon conviction, must be fined not more than 38 five thousand dollars or imprisoned not more than one year, or 39 both. 40 41 Section 63-13-640. (A) Whenever the department finds upon 42 inspection that a public childcare center or group childcare home is

1 [4747] 207 1 not complying with any applicable regulations, the department 2 may notify the operator to correct the deficiencies. 3 (B) Every correction notice must be in writing and shall include 4 a statement of the deficiencies found, the period within which the 5 deficiencies must be corrected and the provision of the chapter and 6 regulations relied upon. The period must be reasonable and, except 7 when the department finds an emergency dangerous to the health 8 or safety of children, not less than thirty days from the receipt of 9 the notice. 10 (C) Within two weeks of receipt of the notice, the operator of 11 the public childcare center or group childcare home may file a 12 written request with the department for administrative 13 reconsideration of the notice or any portion of the notice. 14 (D) The department shall grant or deny a written request within 15 seven days of filing and shall notify the operator of the childcare 16 center or group childcare home of the grant or denial. 17 (E) In the event that the operator fails to correct any deficiency 18 within the period prescribed for correction, the department shall 19 notify the appropriate public officials. 20 21 Section 63-13-650. (A) An applicant or operator who has been 22 denied approval or renewal of approval by the department must be 23 given prompt written notice of the denial, which shall include a 24 statement of the reasons for the denial. The notice must also 25 inform the applicant or operator that it may, within thirty days after 26 the receipt of the notice of denial, appeal the denial by making a 27 written request to the director or his designee for an opportunity to 28 show cause why its application should not be denied. 29 (B) Upon receiving a written petition, the director or his 30 designee shall give the applicant or operator reasonable notice and 31 an opportunity for a prompt, informal meeting with the director or 32 his designee with respect to the action by the department, and an 33 opportunity to submit written material. On the basis of the 34 available evidence, including information obtained at the informal 35 meeting and from the written material, the director or his designee 36 shall decide whether the application must be granted for approval, 37 provisional approval, or denied. The decision of the director or his 38 designee must be in writing, must contain findings of fact and must 39 be mailed to the parties to the proceedings by certified or 40 registered mail. Notification of the decision must be sent to the 41 Governor and appropriate officials of the state or local 42 government. 43

1 [4747] 208 1 Article 7 2 3 Family Childcare Homes 4 5 Section 63-13-810. (A) As used in this chapter, ‘family 6 childcare home’ means a facility within a residence occupied by 7 the operator in which childcare regularly is provided for no more 8 than six children, unattended by a parent or legal guardian, 9 including those children living in the home and the children 10 received for childcare who are related to the resident caregiver. 11 However, an occupied residence in which childcare is provided 12 only for a child or children related to the resident caregiver or only 13 for the child or children of one unrelated family, or only for a 14 combination of these children, is not a family childcare home. 15 (B) An operator of a family childcare home shall register with 16 the department within six months of June 13, 1977. 17 (C) A family childcare home which elects to participate in a 18 federal program which requires licensing as a prerequisite to 19 participation may elect to be licensed under the procedures in 20 Section 63-13-820. A family childcare home electing licensing 21 shall demonstrate compliance with the suggested standards 22 developed by the department under Section 63-13-180 and shall 23 comply with provisions of Sections 63-13-420 and 63-13-430 24 relating to criminal history conviction records checks upon original 25 licensing and upon renewal. Operators and caregivers of licensed 26 family childcare homes are held to the standards in Sections 27 63-13-420 and 63-13-430 regarding criminal convictions. 28 29 Section 63-13-820. (A) Registration must be completed on 30 forms supplied by the department and in the manner it prescribes. 31 (B) Before becoming a registered operator the applicant shall: 32 (1) sign a statement that he has read the suggested standards 33 developed by the department under Section 63-13-180; 34 (2) furnish the department with a signed statement by each 35 consumer parent verifying that the operator has provided each 36 consumer parent with a copy of the suggested standards for family 37 childcare homes and the procedures for filing complaints; 38 (3) upon request, provide the department with any facts, 39 conditions, or circumstances relevant to the operation of the family 40 childcare home, including references and other information 41 regarding the character of the family childcare home operator. 42 (C) A person applying to become a registered operator of a 43 family childcare home under this section and a person fifteen years

1 [4747] 209 1 of age or older living in the family childcare home shall undergo a 2 state fingerprint review to be conducted by the State Law 3 Enforcement Division to determine any state criminal history and a 4 fingerprint review to be conducted by the Federal Bureau of 5 Investigation to determine any other criminal history. The 6 fingerprint reviews required by this subsection are not required 7 upon each renewal. 8 (D) No applicant may be registered as an operator if the person, 9 an employee, a caregiver, or a person fifteen years of age or older 10 living in the family childcare home has been convicted of: 11 (1) a crime listed in Chapter 3 of Title 16, Offenses Against 12 the Person; 13 (2) a crime listed in Chapter 15 of Title 16, Offenses Against 14 Morality and Decency; 15 (3) the crime of contributing to the delinquency of a minor, 16 contained in Section 16-17-490; 17 (4) the felonies classified in Section 16-1-10(A); 18 (5) the offenses enumerated in Section 16-1-10(D); or 19 (6) a criminal offense similar in nature to the crimes listed in 20 this subsection committed in other jurisdictions or under federal 21 law. 22 This section does not operate to prohibit registration or renewal 23 when a conviction or plea of guilty or nolo contendere for one of 24 the crimes enumerated in this subsection has been pardoned. 25 However, notwithstanding the entry of a pardon, the department 26 may consider all information available, including the person’s 27 pardoned convictions or pleas and the circumstances surrounding 28 them, to determine whether the person is unfit or otherwise 29 unsuited to be an operator, caregiver, employee, or to be living in 30 the family daycare home. 31 (E) Application forms for registration issued under this section 32 must include, at the top of the form in large bold type, a statement 33 indicating that a person who has been convicted of a crime 34 enumerated in subsection (D) who applies for registration as 35 operator or a person who applies for registration as an operator 36 who has a person fifteen years of age or older living in the family 37 childcare home who has been convicted of a crime enumerated in 38 subsection (D) is guilty of a misdemeanor and, upon conviction, 39 must be fined not more than five thousand dollars or imprisoned 40 not more than one year, or both. 41 (F) Application forms for registration issued under this chapter 42 by the department and application forms for employment at a 43 family childcare home must include, at the top of the form in large

1 [4747] 210 1 bold type, a statement indicating that a person who has been 2 convicted of one of the crimes listed in this section who applies for 3 a license as operator, applies for employment with, is employed 4 by, seeks to provide caregiver services with, or is a caregiver at a 5 facility is guilty of a misdemeanor and, upon conviction, must be 6 fined not more than five thousand dollars or imprisoned not more 7 than one year, or both. 8 9 Section 63-13-830. (A) A statement of registration must be 10 issued when the family childcare operator satisfactorily completes 11 the procedures prescribed by this chapter. The current statement 12 must be displayed in a prominent place in the facility at all times 13 and the registration number must be stated in all advertisements of 14 the family childcare home. 15 (B) Registration expires at the end of one year from the date of 16 issuance of the statement of registration. Registration may be 17 renewed according to the procedures developed by the department. 18 (C) A person applying for renewal of registration as an operator 19 of a family childcare home registered under this article and a 20 person employed or providing caregiver services at a family 21 childcare home registered under this article, who has not done so 22 previously, on the first renewal after June 30, 1996, shall undergo 23 a state fingerprint review to be conducted by the State Law 24 Enforcement Division to determine any state criminal history and a 25 fingerprint review to be conducted by the Federal Bureau of 26 Investigation to determine any other criminal history. 27 Application forms for registration renewal issued under this 28 section must include, at the top of the form in large bold type, a 29 statement indicating that a person who has been convicted of a 30 crime enumerated in Section 63-13-820(D) who applies for 31 registration as an operator or a person who applies for registration 32 as an operator who has a person fifteen years of age or older living 33 in the home who has been convicted of a crime enumerated in 34 Section 63-13-820(D) is guilty of a misdemeanor and, upon 35 conviction, must be fined not more than five thousand dollars or 36 imprisoned not more than one year, or both. 37 (D) Application forms for registration renewal issued under this 38 chapter by the department for a family childcare home must 39 include, at the top of the form in large bold type, a statement 40 indicating that a person who has been convicted of one of the 41 crimes listed in this section who applies for a license as operator, 42 applies for employment with, is employed by, seeks to provide 43 caregiver services with, or is a caregiver at a facility is guilty of a

1 [4747] 211 1 misdemeanor and, upon conviction, must be fined not more than 2 five thousand dollars or imprisoned not more than one year, or 3 both. 4 (E) The department may withdraw the statement of registration 5 if one or more of the following apply: 6 (1) the health and safety of the children require withdrawal; 7 (2) the facility has enrolled children beyond the limits 8 defined in this chapter; 9 (3) the operator fails to comply with the registration 10 procedures provided in this chapter. 11 12 Section 63-13-840. (A) The department shall visit the facility 13 when concerns are expressed by the community regarding the 14 health and safety of the children, child abuse, or enrollment 15 beyond the limits set forth in this chapter. 16 (B) If the concern is in regard to the health and safety of the 17 children, the department may call on other appropriate agencies 18 (i.e., State Department of Health and Environmental Control, 19 Office of the State Fire Marshal) as necessary to conduct an 20 inspection. 21 (C) If the concern indicates that the child has been abused, the 22 department shall carry out its responsibility as authorized under 23 Chapter 7. 24 (D) If the visits and inspections verify conditions detrimental to 25 the health and safety of the children or overenrollment, the 26 department shall carry out its responsibility as authorized by 27 Section 63-13-160 and Section 63-13-830(C). 28 29 Section 63-13-850. (A) A registrant whose statement of 30 registration has been withdrawn by the department must be given 31 written notice by certified or registered mail. The notice must 32 contain the reasons for the proposed action and must inform the 33 registrant of the right to appeal the decision to the director or his 34 designee in writing within thirty calendar days after the receipt of 35 the notice. Upon receiving a written appeal the director or his 36 designee shall give the registrant reasonable notice and an 37 opportunity for a prompt hearing before the director or his 38 designee. On the basis of the evidence adduced at the hearing, the 39 director or his designee shall make the final decision of the 40 department as to whether the statement of registration must be 41 withdrawn. If no written appeal is made, the statement of 42 registration must be withdrawn as of the termination of the 43 thirty-day period.

1 [4747] 212 1 (B) At the hearing provided for in this section, the registrant 2 may be represented by counsel, and has the right to call, examine, 3 and cross-examine witnesses, and to otherwise introduce evidence. 4 Parents appearing at the hearing may also be represented by 5 counsel. The director is empowered to require the presence of 6 witnesses and evidence by subpoena on behalf of the appellant or 7 department. The final decision of the department must be in 8 writing, must contain the department’s findings of fact and rulings 9 of law and must be mailed to the parties to the proceedings by 10 certified or registered mail. A full and complete record must be 11 kept of all proceedings, and all testimony must be reported and 12 need not be transcribed unless the decision is appealed, or a 13 transcript is requested by an interested party. Upon an appeal, the 14 department shall furnish to any appellate, free of charge, a certified 15 copy of the transcript of all evidentiary proceedings before it. 16 Other parties shall pay the cost of transcripts. 17 (C) The decision of the department is final unless appealed by a 18 party pursuant to the Administrative Procedures Act. 19 20 Section 63-13-860. The department shall offer consultation 21 through employed staff or other qualified persons to assist a 22 potential applicant, an applicant or registered operator in meeting 23 and maintaining the suggested standards for family childcare 24 homes. 25 26 Article 9 27 28 Church and Religious Childcare Centers and 29 Group Childcare Homes 30 31 Section 63-13-1010. (A) No church congregation or 32 established religious denomination or religious college or 33 university which does not receive state or federal financial 34 assistance for childcare services may operate a childcare center or 35 group childcare home unless it complies with the requirements for 36 registration and inspection and the regulations for health and fire 37 safety as set forth in this chapter and Section 63-13-110 and 38 requirements applicable to private and public childcare centers and 39 group childcare homes for floor space, child-staff ratios, and staff 40 training. Application for registration must be made on forms 41 supplied by the department and in the manner it prescribes. 42 Registration expires two years from the date of issuance of the

1 [4747] 213 1 statement of registration. Registration may be renewed according 2 to the procedures developed by the department. 3 (B) Before issuing a registration, the department shall conduct 4 an investigation of the applicant. This investigation is limited to: 5 (1) the results of the criminal history review required by 6 subsection (G); 7 (2) the requirements for registration and inspection and the 8 regulations for health and fire safety provided for in this chapter 9 and Section 63-13-110; and 10 (3) requirements applicable to private and public childcare 11 centers and group childcare homes for floor space, child-staff 12 ratios, and staff training. 13 (C) No license or registration may be issued to a church 14 congregation, established religious denomination, or religious 15 college or university if a person who provides service as an 16 operator, caregiver, or employee at the childcare facility has been 17 convicted of: 18 (1) a crime listed in Chapter 3 of Title 16, Offenses Against 19 the Person; 20 (2) a crime listed in Chapter 15 of Title 16, Offenses Against 21 Morality and Decency; 22 (3) the crime of contributing to the delinquency of a minor, 23 contained in Section 16-17-490; 24 (4) the felonies classified in Section 16-1-10(A); 25 (5) the offenses enumerated in Section 16-1-10(D); or 26 (6) a criminal offense similar in nature to the crimes listed in 27 this subsection committed in other jurisdictions or under federal 28 law. 29 This section does not prohibit licensing, registration, or the 30 renewal of a license or registration when a conviction or plea of 31 guilty or nolo contendere for one of the crimes enumerated in this 32 subsection has been pardoned. However, notwithstanding the entry 33 of a pardon, the department may consider all information 34 available, including the person’s pardoned convictions or pleas and 35 the circumstances surrounding them, to determine whether the 36 person is unfit or otherwise unsuited to be an operator, caregiver, 37 or employee. 38 (D) Application forms for licensure or registration issued under 39 this chapter must include, at the top of the form in large bold type, 40 a statement indicating that a person who has been convicted of a 41 crime enumerated in this section who applies for a license or 42 registration as operator is guilty of a misdemeanor and, upon

1 [4747] 214 1 conviction, must be fined not more than five thousand dollars or 2 imprisoned not more than one year, or both. 3 (E) A person applying for a license or registration as an 4 operator of a church or religious childcare center shall undergo a 5 state fingerprint review to be conducted by the State Law 6 Enforcement Division to determine any state criminal history and a 7 fingerprint review to be conducted by the Federal Bureau of 8 Investigation to determine any other criminal history. The 9 fingerprint reviews required by this subsection are not required 10 upon each renewal. 11 (F) Application forms for licensure or registration issued under 12 this chapter by the department and application forms for 13 employment at a facility operated by a church congregation, 14 established religious denomination, or religious college or 15 university must include, at the top of the form in large bold type, a 16 statement indicating that a person who has been convicted of one 17 of the crimes listed in this section who applies for a license as 18 operator, applies for employment with, is employed by, seeks to 19 provide caregiver services with, or is a caregiver at a facility is 20 guilty of a misdemeanor and, upon conviction, must be fined not 21 more than five thousand dollars or imprisoned not more than one 22 year, or both. 23 (G) A person applying for a license or registration as an 24 operator of a church or religious childcare center or seeking 25 employment or seeking to provide caregiver services at a church or 26 religious childcare center shall undergo a state fingerprint review 27 to be conducted by the State Law Enforcement Division to 28 determine any state criminal history and a fingerprint review to be 29 conducted by the Federal Bureau of Investigation to determine any 30 other criminal history. The fingerprint reviews required by this 31 subsection are not required upon each renewal unless the renewal 32 coincides with employment of a new operator, employee, or 33 caregiver. 34 (H) A person applying for renewal of a license or registration as 35 an operator of a church or religious childcare center licensed or 36 registered under this chapter and a person employed or registered 37 under this chapter, who has not done so previously, on the first 38 renewal after June 30, 1996, shall undergo a state fingerprint 39 review to be conducted by the State Law Enforcement Division to 40 determine any state criminal history and a fingerprint review to be 41 conducted by the Federal Bureau of Investigation to determine any 42 other criminal history. 43

1 [4747] 215 1 Section 63-13-1020. The childcare operator shall submit a 2 formal request for inspection of the childcare facility to the 3 department. The department shall request the appropriate state 4 health and fire safety agencies to conduct an inspection of the 5 facility before renewal of the registration and more often if 6 necessary to ensure compliance with health and fire safety 7 regulations. The department shall register the childcare facility 8 upon notification from health and fire safety agencies that the 9 childcare facility is in compliance with these regulations and the 10 requirements of Section 63-13-1010. 11 The applicable regulations must be the same health and fire 12 safety regulations applied to other facilities regulated under this 13 chapter. 14 15 Section 63-13-1030. A statement of registration must be issued 16 when the church or religious childcare operator or group childcare 17 home operator satisfactorily completes the procedures prescribed 18 by this chapter. An application for a statement of registration must 19 include the name and address of the director, the address of the 20 facility, and the number of children who may be served. Failure of 21 the department to approve or deny an application within ninety 22 days results in the granting of a provisional registration. The 23 current statement of registration must be displayed in a prominent 24 place in the facility at all times, and the registration number must 25 be stated in all advertisements of the church or religious childcare 26 center or group childcare home. 27 28 Section 63-13-1040. Notwithstanding the staff training 29 requirements of Section 63-13-1010(A) and (B)(3), the department 30 may not prescribe the curriculum for staff training, other than 31 curriculum addressing administration, child growth and 32 development, and health and safety, for a church congregation, 33 established religious denomination, or religious college or 34 university, childcare center or group childcare home. Additionally, 35 the department may not prescribe the content of curriculum 36 activities for children provided by these childcare centers or group 37 childcare homes. 38 39 Section 63-13-1050. (A) Whenever the health or fire safety 40 agency finds upon inspection that a childcare center or group 41 childcare home is not complying with the applicable regulations, 42 the appropriate agency shall notify the department. The department 43 shall then request the operator to correct such deficiencies.

1 [4747] 216 1 (B) Every correction notice must be in writing and must 2 include a statement of the deficiencies found, the period within 3 which the deficiencies must be corrected and the provision of the 4 chapter and regulations relied upon. The period must be reasonable 5 and, except when the appropriate agency finds an emergency 6 dangerous to the health or safety of children, not less than thirty 7 days from the receipt of the notices. 8 (C) Within two weeks of receipt of the notice, the operator of 9 the facility may file a written request with the department for 10 administrative reconsideration of the notice or any portion of the 11 notice. 12 (D) The department shall grant or deny a written request and 13 shall notify the operator of action taken. 14 (E) In the event that the operator of the facility fails to correct 15 deficiencies within the period prescribed, the department may 16 suspend the registration of the facility to be effective thirty days 17 after date of notice. An appeal may be taken pursuant to the 18 Administrative Procedures Act. 19 20 Section 63-13-1060. The department may seek an injunction 21 against the continuing operation of a childcare center or group 22 childcare home in the family court having jurisdiction over the 23 county in which the facility is located when the facility is 24 considered to be out of compliance with the provisions of Sections 25 63-13-1010 and 63-13-1020. 26 27 Section 63-13-1070. (A) When the registration of a facility has 28 been suspended, the operator must be given prompt written notice. 29 The notice must indicate the reasons for the suspension and inform 30 the operator of the right to appeal the decision through 31 administrative channels to the department and according to 32 established appeals procedure for the department. 33 (B) Upon appeal, the decision of the department is final unless 34 appealed by a party pursuant to the Administrative Procedures Act. 35 36 Section 63-13-1080. An operator violating the provisions of 37 this article is guilty of a misdemeanor and, upon conviction, must 38 be punished by a fine not exceeding one thousand five hundred 39 dollars or imprisonment not exceeding six months, or both. 40 41 Article 11 42 43 State Advisory Committee

1 [4747] 217 1 2 Section 63-13-1210. (A) A State Advisory Committee on the 3 Regulation of Childcare Facilities is established. It consists of 4 seventeen members appointed by the Governor, in accordance with 5 the following: 6 (1) Five of the members appointed must be parents of 7 children who are receiving childcare services at the time of 8 appointment, with no less than three representing the 9 entrepreneurial facilities. 10 (2) Eight of the members appointed must be representative 11 of owners and operators of childcare facilities, one of which must 12 be an operator of a childcare home. No less than five other 13 appointees must be operators of facilities subject to regulation who 14 are actively engaged in the operation for profit. 15 (3) One member appointed shall represent the educational 16 community of the State. 17 Nominees for membership on the advisory committee pursuant 18 to items (1), (2), and (3) must be made from lists furnished the 19 Governor by South Carolina organizations representing the various 20 types of childcare facilities defined in this chapter. 21 (4) One member appointed shall represent the business 22 community of the State. Nominees for membership pursuant to this 23 item must be made from lists furnished the Governor by the South 24 Carolina Chamber of Commerce. 25 (5) Two members appointed shall represent church-operated 26 childcare centers, one of whom must be an operator of a church 27 childcare center and one of whom must be a parent of a child who 28 is receiving childcare services in a church-operated childcare 29 center at the time of appointment. 30 (B) Members shall serve for terms of three years and until their 31 successors are appointed and qualify, except that of those initially 32 appointed five shall serve for one year, five for two years, and five 33 for three years. Vacancies must be filled in the manner of the 34 original appointment for the unexpired portion of the term only. 35 Reappointment to serve a full term may ensue at the discretion of 36 the Governor, however, no member may be permitted to succeed 37 himself after serving a full term. 38 (C) The chairman of the committee must be designated by the 39 Governor from among the appointees selected pursuant to the 40 provisions of items (1) and (2) of subsection (A) of this section. 41 42 Section 63-13-1220. The State Advisory Committee on the 43 Regulation of Childcare Facilities shall:

1 [4747] 218 1 (1) Review changes in the regulations and suggested standards 2 proposed by the director or his designee and make 3 recommendations on these changes to the director or his designee. 4 The committee shall evaluate the regulations and suggested 5 standards at the three-year review period (subsection (C) of 6 Section 63-13-180) and recommend necessary changes. No 7 regulation may be promulgated if the standard has been 8 disapproved by a simple majority of the committee. 9 (2) Advise the department regarding the improvement of the 10 regulation of childcare facilities. 11 (3) Advise the department on matters of regulatory policy, 12 planning, and priorities. 13 (4) As it considers necessary, hold a public hearing at least 14 thirty days before adoption of the regulations. 15 (5) Plan with the department for the procedures to be used in 16 notifying licensees, approved operators, and registrants regarding 17 regulatory changes sixty days before intended promulgation. 18 (6) Maintain through the department the essential liaison with 19 other departments and agencies of state and local government so as 20 to preclude imposition of duplicate requirements upon operators 21 subject to regulations under this chapter. 22 (7) Act to move the adoption of its recommendations and other 23 pertinent disposition of matters before it by decision of a simple 24 majority of those members present and voting, provided there is a 25 quorum of eight members. 26 27 Section 63-13-1230. The provisions of Sections 63-13-180 and 28 63-13-1220(1) concerning the review authority and the 29 promulgation of regulations and standards upon the advice and 30 consent of the State Advisory Committee on the Regulation of 31 Childcare Facilities are waived. However, nothing in this section 32 affects the regulation of childcare facilities which choose not to 33 receive federal funding. 34 35 Section 63-13-1240. The department shall provide reasonable 36 secretarial and administrative support to the advisory committee. 37 38 39 CHAPTER 15 40 41 Child Custody and Visitation 42 43 Article 1

1 [4747] 219 1 2 General Provisions 3 4 Section 63-15-10. The ‘Tender Years Doctrine’ in which there 5 is a preference for awarding a mother custody of a child of tender 6 years is abolished. 7 8 Section 63-15-20. In placing the child in the custody of an 9 individual or a private agency or institution, the court shall, 10 whenever practicable, select a person or an agency or institution 11 governed by persons of the same religious faith as that of the 12 parents of such child, or, in case of a difference in the religious 13 faith of the parents, then of the religious faith of the child, or, if the 14 religious faith of the child is not ascertainable, then of the faith of 15 either of the parents. 16 17 Section 63-15-30. In determining the best interests of the child, 18 the court must consider the child’s reasonable preference for 19 custody. The court shall place weight upon the preference based 20 upon the child’s age, experience, maturity, judgment, and ability to 21 express a preference. 22 23 Section 63-15-40. (A) In making a decision regarding custody 24 of a minor child, in addition to other existing factors specified by 25 law, the court must give weight to evidence of domestic violence 26 as defined in Section 16-25-20 or Section 16-25-65 including, but 27 not limited to: 28 (1) physical or sexual abuse; and 29 (2) if appropriate, evidence of which party was the primary 30 aggressor, as defined in Section 16-25-70. 31 (B) The absence or relocation from the home by a person, 32 against whom an act of domestic violence has been perpetrated, if 33 that person is not the primary aggressor, must not be considered by 34 the court to be sufficient cause, absent other factors, to deny 35 custody of the minor child to that person. 36 37 Section 63-15-50. (A) A court may award visitation to a 38 person who has been found by a general sessions, magistrates, 39 municipal, or family court to have committed domestic violence, 40 as defined in Section 16-25-20 or Section 16-25-65, or in cases in 41 which complaints were made against both parties, to the person 42 found by a general sessions, magistrates, municipal, or family 43 court to be the primary aggressor under Section 16-25-70, only if

1 [4747] 220 1 the court finds that adequate provision for the safety of the child 2 and the victim of domestic violence can be made. 3 (B) In a visitation order, a court may: 4 (1) order an exchange of a child to occur in a protected 5 setting; 6 (2) order visitation supervised by another person or agency; 7 (3) order a person who has been found by a general sessions, 8 magistrates, municipal, or family court to have committed 9 domestic violence, or in cases in which complaints were made 10 against both parties, the person found by the court to have been the 11 primary aggressor, to attend and complete, to the satisfaction of the 12 court, a program of intervention for offenders or other designated 13 counseling as a condition of the visitation; 14 (4) order a person who has been found by a general sessions, 15 magistrates, municipal, or family court to have committed 16 domestic violence, or in cases in which complaints were made 17 against both parties, the person found by the court to have been the 18 primary aggressor, to abstain from possession or consumption of 19 alcohol or controlled substances during the visitation and for 20 twenty-four hours preceding the visitation; 21 (5) order a person who has been found by a general sessions, 22 magistrates, municipal, or family court to have committed 23 domestic violence, or in cases in which complaints were made 24 against both parties, the person found by a general sessions, 25 magistrates, municipal, or family court to be the primary 26 aggressor, to pay a fee to defray the costs of supervised visitation; 27 (6) prohibit overnight visitation; 28 (7) require a bond from a person who has been found by a 29 general sessions, magistrates, municipal, or family court to have 30 committed domestic violence, or in cases in which complaints 31 were made against both parties, from the person found by a general 32 sessions, magistrates, municipal, or family court to be the primary 33 aggressor, for the return and safety of the child if that person has 34 made a threat to retain the child unlawfully; 35 (8) impose any other condition that is considered necessary 36 to provide for the safety of the child, the victim of domestic 37 violence, and any other household member. 38 (C) If a court allows a household member to supervise 39 visitation, the court must establish conditions to be followed 40 during the visitation. 41 (D) A judge may, upon his own motion or upon the motion of 42 any party, prohibit or limit the visitation when necessary to ensure

1 [4747] 221 1 the safety of the child or the parent who is a victim of domestic 2 violence. 3 (E) If visitation is not allowed or is allowed in a restricted 4 manner to provide for the safety of a child or parent who is a 5 victim of domestic violence, the court may order the address of the 6 child and the victim to be kept confidential. 7 (F) The court must order a person who has been found by a 8 general sessions, magistrates, municipal, or family court to have 9 committed domestic violence, or in cases in which complaints 10 were made against both parties, the person found by a general 11 sessions, magistrates, municipal, or family court to be the primary 12 aggressor, to pay the actual cost of any medical or psychological 13 treatment for a child who is physically or psychologically injured 14 as a result of one or more acts of domestic violence. 15 16 Section 63-15-60. (A) For purposes of this section, ‘de facto 17 custodian’ means, unless the context requires otherwise, a person 18 who has been shown by clear and convincing evidence to have 19 been the primary caregiver for and financial supporter of a child 20 who: 21 (1) has resided with the person for a period of six months or 22 more if the child is under three years of age; or 23 (2) has resided with the person for a period of one year or 24 more if the child is three years of age or older. 25 Any period of time after a legal proceeding has been 26 commenced by a parent seeking to regain custody of the child 27 must not be included in determining whether the child has resided 28 with the person for the required minimum period. 29 (B) A person is not a de facto custodian of a child until the 30 court determines by clear and convincing evidence that the person 31 meets the definition of de facto custodian with respect to that child. 32 If the court determines a person is a de facto custodian of a child, 33 that person has standing to seek visitation or custody of that child. 34 (C) The family court may grant visitation or custody of a child 35 to the de facto custodian if it finds by clear and convincing 36 evidence that the child’s natural parents are unfit or that other 37 compelling circumstances exist. 38 (D) No proceeding to establish whether a person is a de facto 39 custodian may be brought concerning a child in the custody of the 40 Department of Social Services. 41 (E) If the court has determined by clear and convincing 42 evidence that a person is a de facto custodian, the court must join

1 [4747] 222 1 that person in the action as a party needed for just adjudication 2 under the South Carolina Rules of Civil Procedure. 3 4 Article 3 5 6 Uniform Child Custody Jurisdiction and Enforcement Act 7 8 Subarticle 1 9 10 General Provisions 11 12 Section 63-15-300. This article may be cited as the ‘Uniform 13 Child Custody Jurisdiction and Enforcement Act’. 14 15 16 Section 63-15-302. As used in this article: 17 (1) ‘Abandoned’ means left without provision for reasonable 18 and necessary care or supervision. 19 (2) ‘Child’ means an individual who has not attained eighteen 20 years of age. 21 (3) ‘Child custody determination’ means a judgment, decree, 22 or other order of a court providing for the legal custody, physical 23 custody, or visitation with respect to a child. The term includes a 24 permanent, temporary, initial, and modification order. The term 25 does not include an order relating to child support or other 26 monetary obligation of an individual. 27 (4) ‘Child custody proceeding’ means a proceeding in which 28 legal custody, physical custody, or visitation with respect to a child 29 is an issue. The term includes a proceeding for divorce, separation, 30 neglect, abuse, dependency, guardianship, paternity, termination of 31 parental rights, and protection from domestic violence, in which 32 the issue may appear. The term does not include a proceeding 33 involving juvenile delinquency, contractual emancipation, or 34 enforcement under Subarticle 3. 35 (5) ‘Commencement’ means the filing of the first pleading in a 36 proceeding. 37 (6) ‘Court’ means an entity authorized under the law of a state 38 to establish, enforce, or modify a child custody determination. 39 (7) ‘Home state’ means the state in which a child lived with a 40 parent or a person acting as a parent for at least six consecutive 41 months immediately before the commencement of a child custody 42 proceeding. In the case of a child less than six months of age, the 43 term means the state in which the child lived from birth with any

1 [4747] 223 1 of the persons mentioned. A period of temporary absence of any of 2 the mentioned persons is part of the period. 3 (8) ‘Initial determination’ means the first child custody 4 determination concerning a particular child. 5 (9) ‘Issuing court’ means the court that makes a child custody 6 determination for which enforcement is sought under this article. 7 (10) ‘Issuing state’ means the state in which a child custody 8 determination is made. 9 (11) ‘Modification’ means a child custody determination that 10 changes, replaces, supersedes, or is otherwise made after a 11 previous determination concerning the same child, whether or not 12 it is made by the court that made the previous determination. 13 (12) ‘Person’ means an individual, corporation, business trust, 14 estate, trust, partnership, limited liability company, association, 15 joint venture, government, governmental subdivision, 16 governmental agency or instrumentality, public corporation, or any 17 other legal or commercial entity. 18 (13) ‘Person acting as a parent’ means a person, other than a 19 parent, who: 20 (a) has physical custody of the child or has had physical 21 custody for a period of six consecutive months, including any 22 temporary absence, within one year immediately before the 23 commencement of a child custody proceeding; and 24 (b) has been awarded legal custody by a court or claims a 25 right to legal custody under the law of this State. 26 (14) ‘Physical custody’ means the physical care and supervision 27 of a child. 28 (15) ‘State’ means a state of the United States, the District of 29 Columbia, Puerto Rico, the United States Virgin Islands, or any 30 territory or insular possession subject to the jurisdiction of the 31 United States. 32 (16) ‘Tribe’ means an Indian tribe or band, or Alaskan native 33 village, which is recognized by federal law or formally 34 acknowledged by a state. 35 (17) ‘Warrant’ means an order issued by a court authorizing law 36 enforcement officers to take physical custody of a child. 37 38 Section 63-15-304. This article does not govern an adoption 39 proceeding or a proceeding pertaining to the authorization of 40 emergency medical care for a child. 41 42 Section 63-15-306. (A) A child custody proceeding that 43 pertains to an Indian child as defined in the Indian Child Welfare

1 [4747] 224 1 Act, 25 USC Section 1901 et seq., is not subject to this article to 2 the extent that it is governed by the Indian Child Welfare Act. 3 (B) A court of this State shall treat a tribe as if it were a state of 4 the United States for the purpose of applying Subarticles 1 and 2. 5 (C) A child custody determination made by a tribe under 6 factual circumstances in substantial conformity with the 7 jurisdictional standards of this article must be recognized and 8 enforced under Subarticle 3. 9 10 Section 63-15-308. (A) A court of this State shall treat a foreign 11 country as if it were a state of the United States for the purpose of 12 applying Subarticles 1 and 2. 13 (B) Except as otherwise provided in subsection (C), a child 14 custody determination made in a foreign country under factual 15 circumstances in substantial conformity with the jurisdictional 16 standards of this article must be recognized and enforced under 17 Subarticle 3. 18 (C) A court of this State need not apply this article if the child 19 custody law of a foreign country violates fundamental principles of 20 human rights. 21 22 Section 63-15-310. A child custody determination made by a 23 court of this State that had jurisdiction under this article binds all 24 persons who have been served in accordance with the laws of this 25 State or notified in accordance with Section 63-15-314 or who 26 have submitted to the jurisdiction of the court, and who have been 27 given an opportunity to be heard. As to those persons, the 28 determination is conclusive as to all decided issues of law and fact 29 except to the extent the determination is modified. 30 31 Section 63-15-312. If a question of existence or exercise of 32 jurisdiction under this article is raised in a child custody 33 proceeding, the question, upon request of a party, must be given 34 priority on the calendar and handled expeditiously. 35 36 Section 63-15-314. (A) Notice required for the exercise of 37 jurisdiction when a person is outside this State may be given in a 38 manner prescribed by the law of this State for service of process or 39 by the law of the state in which the service is made. Notice must 40 be given in a manner reasonably calculated to give actual notice 41 but may be by publication if other means are not effective.

1 [4747] 225 1 (B) Proof of service may be made in the manner prescribed by 2 the law of this State or by the law of the state in which the service 3 is made. 4 (C) Notice is not required for the exercise of jurisdiction with 5 respect to a person who submits to the jurisdiction of the court. 6 7 Section 63-15-316. (A) A party to a child custody proceeding, 8 including a modification proceeding, or a petitioner or respondent 9 in a proceeding to enforce or register a child custody 10 determination, is not subject to personal jurisdiction in this State 11 for another proceeding or purpose solely by reason of having 12 participated, or of having been physically present for the purpose 13 of participating, in the proceeding. 14 (B) A person who is subject to personal jurisdiction in this 15 State on a basis other than physical presence is not immune from 16 service of process in this State. A party present in this State who is 17 subject to the jurisdiction of another state is not immune from 18 service of process allowable under the laws of that state. 19 (C) The immunity granted by subsection (A) does not extend to 20 civil litigation based on acts unrelated to the participation in a 21 proceeding under this act committed by an individual while 22 present in this State. 23 24 Section 63-15-318. (A) A court of this State may communicate 25 with a court in another state concerning a proceeding arising under 26 this article. 27 (B) The court may allow the parties to participate in the 28 communication. If the parties are not able to participate in the 29 communication, they must be given the opportunity to present 30 facts and legal arguments before a decision on jurisdiction is made. 31 (C) Communication between courts on schedules, calendars, 32 court records, and similar matters may occur without informing the 33 parties. A record need not be made of the communication. 34 (D) Except as otherwise provided in subsection (C), a record 35 must be made of a communication under this section. The parties 36 must be informed promptly of the communication and granted 37 access to the record. 38 (E) For the purposes of this section, ‘record’ means 39 information that is inscribed on a tangible medium or that is stored 40 in an electronic or other medium and is retrievable in perceivable 41 form. 42

1 [4747] 226 1 Section 63-15-320. (A) In addition to other procedures 2 available to a party, a party to a child custody proceeding may 3 offer testimony of witnesses who are located in another state, 4 including testimony of the parties and the child, by deposition or 5 other means allowable in this State for testimony taken in another 6 state. The court on its own motion may order that the testimony of 7 a person be taken in another state and may prescribe the manner in 8 which and the terms upon which the testimony is taken. 9 (B) A court of this State may permit an individual residing in 10 another state to be deposed or to testify by telephone, audiovisual 11 means, or other electronic means before a designated court or at 12 another location in that state. A court of this State shall cooperate 13 with courts of other states in designating an appropriate location 14 for the deposition or testimony. 15 (C) Documentary evidence transmitted from another state to a 16 court of this State by technological means that do not produce an 17 original writing may not be excluded from evidence on an 18 objection based on the means of transmission. 19 20 Section 63-15-322. (A) A court of this State may request the 21 appropriate court of another state to: 22 (1) hold an evidentiary hearing; 23 (2) order a person to produce or give evidence pursuant to 24 procedures of that state; 25 (3) order that an evaluation be made with respect to the 26 custody of a child involved in a pending proceeding; 27 (4) forward to the court of this State a certified copy of the 28 transcript of the record of the hearing, the evidence otherwise 29 presented, and any evaluation prepared in compliance with the 30 request; and 31 (5) order a party to a child custody proceeding or any person 32 having physical custody of the child to appear in the proceeding 33 with or without the child. 34 (B) Upon request of a court of another state, a court of this 35 State may hold a hearing or enter an order described in subsection 36 (A). 37 (C) Travel and other necessary and reasonable expenses 38 incurred under subsections (A) and (B) may be assessed against 39 the parties according to the law of this State. 40 (D) A court of this State shall preserve the pleadings, orders, 41 decrees, records of hearings, evaluations, and other pertinent 42 records with respect to a child custody proceeding until the child 43 attains eighteen years of age. Upon appropriate request by a court

1 [4747] 227 1 or law enforcement official of another state, the court shall forward 2 a certified copy of those records. 3 4 Subarticle 2 5 6 Jurisdiction 7 8 Section 63-15-330. (A) Except as otherwise provided in Section 9 63-15-336, a court of this State has jurisdiction to make an initial 10 child custody determination only if: 11 (1) this State is the home state of the child on the date of the 12 commencement of the proceeding, or was the home state of the 13 child within six months before the commencement of the 14 proceeding and the child is absent from this State, but a parent or 15 person acting as a parent continues to live in this State; 16 (2) a court of another state does not have jurisdiction under 17 item (1), or a court of the home state of the child has declined to 18 exercise jurisdiction on the ground that this State is the more 19 appropriate forum under Section 63-15-342 or 63-15-344, and: 20 (a) the child and the child’s parents, or the child and at 21 least one parent or a person acting as a parent, have a significant 22 connection with this State other than mere physical presence; and 23 (b) substantial evidence is available in this State 24 concerning the child’s care, protection, training, and personal 25 relationships; 26 (3) all courts, having jurisdiction under item (1) or (2), have 27 declined to exercise jurisdiction on the ground that a court of this 28 State is the more appropriate forum to determine the custody of the 29 child under Section 63-15-342 or 63-15-344; or 30 (4) no court of any other state would have jurisdiction under 31 the criteria specified in item (1), (2), or (3). 32 (B) Subsection (A) is the exclusive jurisdictional basis for 33 making a child custody determination by a court of this State. 34 (C) Physical presence of, or personal jurisdiction over, a party 35 or a child is not necessary or sufficient to make a child custody 36 determination. 37 38 Section 63-15-332. (A) Except as otherwise provided in Section 39 63-15-336, a court of this State which has made a child custody 40 determination consistent with Section 63-15-330 or 63-15-334 has 41 exclusive, continuing jurisdiction over the determination until: 42 (1) a court of this State determines that neither the child, the 43 child’s parents, and any person acting as a parent do not have a

1 [4747] 228 1 significant connection with this State and that substantial evidence 2 is no longer available in this State concerning the child’s care, 3 protection, training, and personal relationships; or 4 (2) a court of this State or a court of another state determines 5 that the child, the child’s parents, and any person acting as a parent 6 do not presently reside in this State. 7 (B) A court of this State which has made a child custody 8 determination and does not have exclusive, continuing jurisdiction 9 under this section may modify that determination only if it has 10 jurisdiction to make an initial determination under Section 11 63-15-330. 12 13 Section 63-15-334. Except as otherwise provided in Section 14 63-15-336, a court of this State may not modify a child custody 15 determination made by a court of another state unless a court of 16 this State has jurisdiction to make an initial determination under 17 Section 63-15-330(A)(1) or (2) and: 18 (1) the court of the other state determines it no longer has 19 exclusive, continuing jurisdiction under Section 63-15-332 or that 20 a court of this State would be a more convenient forum under 21 Section 63-15-342; or 22 (2) a court of this State or a court of the other state determines 23 that the child, the child’s parents, and any person acting as a parent 24 do not presently reside in the other state. 25 26 Section 63-15-336. (A) A court of this State has temporary 27 emergency jurisdiction if the child is present in this State and the 28 child has been abandoned or it is necessary in an emergency to 29 protect the child because the child, or a sibling or parent of the 30 child, is subjected to or threatened with mistreatment or abuse. 31 (B) If there is no previous child custody determination that is 32 entitled to be enforced under this article and a child custody 33 proceeding has not been commenced in a court of a state having 34 jurisdiction under Sections 63-15-330 through 63-15-334, a child 35 custody determination made under this section remains in effect 36 until an order is obtained from a court of a state having jurisdiction 37 under Sections 63-15-330 through 63-15-334. If a child custody 38 proceeding has not been or is not commenced in a court of a state 39 having jurisdiction under Sections 63-15-330 through 63-15-334, a 40 child custody determination made under this section becomes a 41 final determination, if it so provides and this State becomes the 42 home state of the child.

1 [4747] 229 1 (C) If there is a previous child custody determination that is 2 entitled to be enforced under this article, or a child custody 3 proceeding has been commenced in a court of a state having 4 jurisdiction under Sections 63-15-330 through 63-15-334, any 5 order issued by a court of this State under this section must specify 6 in the order a period that the court considers adequate to allow the 7 person seeking an order to obtain an order from the state having 8 jurisdiction under Sections 63-15-330 through 63-15-334. The 9 order issued in this State remains in effect until an order is 10 obtained from the other state within the period specified or the 11 period expires. 12 (D) A court of this State which has been asked to make a child 13 custody determination under this section, upon being informed that 14 a child custody proceeding has been commenced in, or a child 15 custody determination has been made by, a court of a state having 16 jurisdiction under Sections 63-15-330 through 63-15-334, shall 17 immediately communicate with the other court. A court of this 18 State, which is exercising jurisdiction pursuant to Sections 19 63-15-330 through 63-15-334, upon being informed that a child 20 custody proceeding has been commenced in, or a child custody 21 determination has been made by a court of another state under a 22 statute similar to this section, shall immediately communicate with 23 the court of that state to resolve the emergency, protect the safety 24 of the parties and the child, and determine a period for the duration 25 of the temporary order. 26 27 Section 63-15-338. (A) Before a child custody determination is 28 made under this article, notice and an opportunity to be heard in 29 accordance with the standards of Section 63-15-314 must be given 30 to all persons entitled to notice under the law of this State as in 31 child custody proceedings between residents of this State, any 32 parent whose parental rights have not been previously terminated, 33 and any person having physical custody of the child. 34 (B) This article does not govern the enforceability of a child 35 custody determination made without notice or an opportunity to be 36 heard. 37 (C) The obligation to join a party and the right to intervene as a 38 party in a child custody proceeding under this article are governed 39 by the law of this State as in child custody proceedings between 40 residents of this State. 41 42 Section 63-15-340. (A) Except as otherwise provided in Section 43 63-15-336, a court of this State may not exercise its jurisdiction

1 [4747] 230 1 under this subarticle if, at the time of the commencement of the 2 proceeding, a proceeding concerning the custody of the child has 3 been commenced in a court of another state having jurisdiction 4 substantially in conformity with this article, unless the proceeding 5 has been terminated or is stayed by the court of the other state 6 because a court of this State is a more convenient forum under 7 Section 63-15-342. 8 (B) Except as otherwise provided in Section 63-15-336, a court 9 of this State, before hearing a child custody proceeding, shall 10 examine the court documents and other information supplied by 11 the parties pursuant to Section 63-15-346. If the court determines 12 that a child custody proceeding has been commenced in a court in 13 another state having jurisdiction substantially in accordance with 14 this article, the court of this State shall stay its proceeding and 15 communicate with the court of the other state. If the court of the 16 state having jurisdiction substantially in accordance with this 17 article does not determine that the court of this State is a more 18 appropriate forum, the court of this State shall dismiss the 19 proceeding. 20 (C) In a proceeding to modify a child custody determination, a 21 court of this State shall determine whether a proceeding to enforce 22 the determination has been commenced in another state. If a 23 proceeding to enforce a child custody determination has been 24 commenced in another state, the court may: 25 (1) stay the proceeding for modification pending the entry of 26 an order of a court of the other state enforcing, staying, denying, or 27 dismissing the proceeding for enforcement; 28 (2) enjoin the parties from continuing with the proceeding 29 for enforcement; or 30 (3) proceed with the modification under conditions it 31 considers appropriate. 32 33 Section 63-15-342. (A) A court of this State, which has 34 jurisdiction under this article to make a child custody 35 determination, may decline to exercise its jurisdiction at any time 36 if it determines that it is an inconvenient forum under the 37 circumstances and that a court of another state is a more 38 appropriate forum. The issue of inconvenient forum may be raised 39 upon motion of a party, the court’s own motion, or request of 40 another court. 41 (B) Before determining whether it is an inconvenient forum, a 42 court of this State shall consider whether it is appropriate for a 43 court of another state to exercise jurisdiction. For this purpose, the

1 [4747] 231 1 court shall allow the parties to submit information and shall 2 consider all relevant factors, including: 3 (1) whether domestic violence has occurred and is likely to 4 continue in the future and which state could best protect the parties 5 and the child; 6 (2) the length of time the child has resided outside this State; 7 (3) the distance between the court in this State and the court 8 in the state that would assume jurisdiction; 9 (4) the relative financial circumstances of the parties; 10 (5) any agreement of the parties as to which state should 11 assume jurisdiction; 12 (6) the nature and location of the evidence required to 13 resolve the pending litigation, including testimony of the child; 14 (7) the ability of the court of each state to decide the issue 15 expeditiously and the procedures necessary to present the 16 evidence; and 17 (8) the familiarity of the court of each state with the facts 18 and issues in the pending litigation. 19 (C) If a court of this State determines that it is an inconvenient 20 forum and that a court of another state is a more appropriate 21 forum, it shall stay the proceedings upon condition that a child 22 custody proceeding be promptly commenced in another designated 23 state and may impose any other condition the court considers just 24 and proper. 25 (D) A court of this State may decline to exercise its jurisdiction 26 under this article if a child custody determination is incidental to 27 an action for divorce or another proceeding while still retaining 28 jurisdiction over the divorce or other proceeding. 29 30 Section 63-15-344. (A) Except as otherwise provided in Section 31 63-15-336 or by other law of this State, if a court of this State has 32 jurisdiction under this article because a person seeking to invoke 33 its jurisdiction has engaged in unjustifiable conduct, the court shall 34 decline to exercise its jurisdiction unless: 35 (1) the parents and all persons acting as parents have 36 acquiesced in the exercise of jurisdiction; 37 (2) a court of the state otherwise having jurisdiction under 38 Sections 63-15-330 through 63-15-334 determines that this State is 39 a more appropriate forum under Section 63-15-342; or 40 (3) no court of any other state would have jurisdiction under 41 the criteria specified in Sections 63-15-330 through 63-15-334. 42 (B) If a court of this State declines to exercise its jurisdiction 43 pursuant to subsection (A), it may fashion an appropriate remedy

1 [4747] 232 1 to ensure the safety of the child and prevent a repetition of the 2 unjustifiable conduct, including staying the proceeding until a 3 child custody proceeding is commenced in a court having 4 jurisdiction under Sections 63-15-330 through 63-15-334. 5 (C) If a court dismisses a petition or stays a proceeding because 6 it declines to exercise its jurisdiction pursuant to subsection (A), it 7 shall assess against the party seeking to invoke its jurisdiction 8 necessary and reasonable expenses including costs, 9 communication expenses, attorney’s fees, investigative fees, 10 expenses for witnesses, travel expenses, and childcare during the 11 course of the proceedings, unless the party from whom fees are 12 sought establishes that the assessment would be clearly 13 inappropriate. The court may not assess fees, costs, or expenses 14 against this State unless authorized by law other than this article. 15 16 Section 63-15-346. (A) Subject to local law providing for the 17 confidentiality of procedures, addresses, and other identifying 18 information, in a child custody proceeding, each party, in its first 19 pleading or in an attached affidavit, shall give information, if 20 reasonably ascertainable, under oath as to the child’s present 21 address or whereabouts, the places where the child has lived 22 during the last five years, and the names and present addresses of 23 the persons with whom the child has lived during that period. The 24 pleading or affidavit must state whether the party: 25 (1) has participated, as a party or witness or in any other 26 capacity, in any other proceeding concerning the custody of or 27 visitation with the child and, if so, identify the court, the case 28 number, and the date of the child custody determination, if any; 29 (2) knows of any proceeding that could affect the current 30 proceeding, including proceedings for enforcement and 31 proceedings relating to domestic violence, protective orders, 32 termination of parental rights, and adoptions and, if so, identify the 33 court, the case number, and the nature of the proceeding; and 34 (3) knows the names and addresses of any person not a party 35 to the proceeding who has physical custody of the child or claims 36 rights of legal custody or physical custody of, or visitation with, 37 the child and, if so, the names and addresses of those persons. 38 (B) If the information required by subsection (A) is not 39 furnished, the court, upon motion of a party or its own motion, 40 may stay the proceeding until the information is furnished. 41 (C) If the declaration as to any of the items described in 42 subsection (A)(1) through (3) is in the affirmative, the declarant 43 shall give additional information under oath as required by the

1 [4747] 233 1 court. The court may examine the parties under oath as to details 2 of the information furnished and other matters pertinent to the 3 court’s jurisdiction and the disposition of the case. 4 (D) Each party has a continuing duty to inform the court of any 5 proceeding in this State or any other state that could affect the 6 current proceeding. 7 (E) If a party alleges in an affidavit or a pleading under oath 8 that the health, safety, or liberty of a party or child would be 9 jeopardized by disclosure of identifying information, the 10 information must be sealed and may not be disclosed to the other 11 party or the public unless the court orders the disclosure to be 12 made after a hearing in which the court takes into consideration the 13 health, safety, or liberty of the party or child and determines that 14 the disclosure is in the interest of justice. 15 16 Section 63-15-348. (A) In a child custody proceeding in this 17 State, the court may order a party to the proceeding who is in this 18 State to appear before the court in person with or without the child. 19 The court may order any person who is in this State and who has 20 physical custody or control of the child to appear in person with 21 the child. 22 (B) If a party to a child custody proceeding whose presence is 23 desired by the court is outside this State, the court may order that a 24 notice given pursuant to Section 63-15-314 includes a statement 25 directing the party to appear in person with or without the child 26 and informing the party that failure to appear may result in a 27 decision adverse to the party. 28 (C) The court may enter any orders necessary to ensure the 29 safety of the child and of any person ordered to appear under this 30 section. 31 (D) If a party to a child custody proceeding who is outside of 32 this State is directed to appear under subsection (B) or desires to 33 appear personally before the court with or without the child, the 34 court may require another party to pay reasonable and necessary 35 travel and other expenses of the party so appearing and of the 36 child. 37 38 Subarticle 3 39 40 Enforcement 41 42 Section 63-15-350. As used in this subarticle:

1 [4747] 234 1 (1) ‘Petitioner’ means a person who seeks enforcement of an 2 order for return of a child under the Hague Convention on the Civil 3 Aspects of International Child Abduction or enforcement of a child 4 custody determination. 5 (2) ‘Respondent’ means a person against whom a proceeding 6 has been commenced for enforcement of an order for return of a 7 child under the Hague Convention on the Civil Aspects of 8 International Child Abduction or enforcement of a child custody 9 determination. 10 11 Section 63-15-352. Under this subarticle a court of this State 12 may enforce an order for the return of the child made under the 13 Hague Convention on the Civil Aspects of International Child 14 Abduction as if it were a child custody determination. 15 16 Section 63-15-354. (A) A court of this State shall recognize and 17 enforce a child custody determination of a court of another state if 18 the latter court exercised jurisdiction in substantial conformity with 19 this article or the determination was made under factual 20 circumstances meeting the jurisdictional standards of this article 21 and the determination has not been modified in accordance with 22 this article. 23 (B) A court of this State may utilize any remedy available 24 under other law of this State to enforce a child custody 25 determination made by a court of another state. The remedies 26 provided in this subarticle are cumulative and do not affect the 27 availability of other remedies to enforce a child custody 28 determination. 29 30 Section 63-15-356. (A) A court of this State which does not 31 have jurisdiction to modify a child custody determination, may 32 issue a temporary order enforcing: 33 (1) a visitation schedule made by a court of another state; or 34 (2) the visitation provisions of a child custody determination 35 of another state that does not provide for a specific visitation 36 schedule. 37 (B) If a court of this State makes an order under subsection (A) 38 (2), it shall specify in the order a period that it considers adequate 39 to allow the petitioner to obtain an order from a court having 40 jurisdiction under the criteria specified in Subarticle 2. The order 41 remains in effect until an order is obtained from the other court or 42 the period expires. 43

1 [4747] 235 1 Section 63-15-358. (A) A child custody determination issued by 2 a court of another state may be registered in this State, with or 3 without a simultaneous request for enforcement, by sending to the 4 appropriate court in this State: 5 (1) a letter or other document requesting registration; 6 (2) two copies, including one certified copy, of the 7 determination sought to be registered, and a statement under 8 penalty of perjury that to the best of the knowledge and belief of 9 the person seeking registration the order has not been modified; 10 and 11 (3) except as otherwise provided in Section 63-15-346, the 12 name and address of the person seeking registration and any parent 13 or person acting as a parent who has been awarded custody or 14 visitation in the child custody determination sought to be 15 registered. 16 (B) On receipt of the documents required by subsection (A), the 17 registering court shall: 18 (1) cause the determination to be filed as a foreign judgment, 19 together with one copy of any accompanying documents and 20 information, regardless of their form; and 21 (2) serve notice upon the persons named pursuant to 22 subsection (A)(3) and provide them with an opportunity to contest 23 the registration in accordance with this section. 24 (C) The notice required by subsection (B)(2) must state that: 25 (1) a registered determination is enforceable as of the date of 26 the registration in the same manner as a determination issued by a 27 court of this State; 28 (2) a hearing to contest the validity of the registered 29 determination must be requested within twenty days after service 30 of notice; and 31 (3) failure to contest the registration will result in 32 confirmation of the child custody determination and preclude 33 further contest of that determination with respect to any matter that 34 could have been asserted. 35 (D) A person seeking to contest the validity of a registered 36 order must request a hearing within twenty days after service of 37 the notice. At that hearing, the court shall confirm the registered 38 order unless the person contesting registration establishes that: 39 (1) the issuing court did not have jurisdiction under 40 Subarticle 2; 41 (2) the child custody determination sought to be registered 42 has been vacated, stayed, or modified by a court having 43 jurisdiction to do so under Subarticle 2; or

1 [4747] 236 1 (3) the person contesting registration was entitled to notice, 2 but notice was not given in accordance with the standards of 3 Section 63-15-314, in the proceedings before the court that issued 4 the order for which registration is sought. 5 (E) If a timely request for a hearing to contest the validity of 6 the registration is not made, the registration is confirmed as a 7 matter of law and the person requesting registration and all persons 8 served must be notified of the confirmation. 9 (F) Confirmation of a registered order, whether by operation of 10 law or after notice and hearing, precludes further contest of the 11 order with respect to any matter that could have been asserted at 12 the time of registration. 13 14 Section 63-15-360. (A) A court of this State may grant any 15 relief normally available under the law of this State to enforce a 16 registered child custody determination made by a court of another 17 state. 18 (B) A court of this State shall recognize and enforce, but may 19 not modify, except in accordance with Subarticle 2, a registered 20 child custody determination of a court of another state. 21 22 Section 63-15-362. If a proceeding for enforcement under this 23 subarticle is commenced in a court of this State and the court 24 determines that a proceeding to modify the determination is 25 pending in a court of another state having jurisdiction to modify 26 the determination under Subarticle 2, the enforcing court shall 27 immediately communicate with the modifying court. The 28 proceeding for enforcement continues unless the enforcing court, 29 after consultation with the modifying court, stays or dismisses the 30 proceeding. 31 32 Section 63-15-364. (A) A petition under this subarticle must be 33 verified. Certified copies of all orders sought to be enforced and of 34 any order confirming registration must be attached to the petition. 35 A copy of a certified copy of an order may be attached instead of 36 the original. 37 (B) A petition for enforcement of a child custody determination 38 must state: 39 (1) whether the court that issued the determination identified 40 the jurisdictional basis it relied upon in exercising jurisdiction and, 41 if so, what the basis was; 42 (2) whether the determination for which enforcement is 43 sought has been vacated, stayed, or modified by a court whose

1 [4747] 237 1 decision must be enforced under this article and, if so, identify the 2 court, the case number, and the nature of the proceeding; 3 (3) whether any proceeding has been commenced that could 4 affect the current proceeding, including proceedings relating to 5 domestic violence, protective orders, termination of parental rights, 6 and adoptions and, if so, identify the court, the case number, and 7 the nature of the proceeding; 8 (4) the present physical address of the child and the 9 respondent, if known; 10 (5) whether relief in addition to the immediate physical 11 custody of the child and attorney’s fees is sought, including a 12 request for assistance from law enforcement officials and, if so, the 13 relief sought; and 14 (6) if the child custody determination has been registered 15 and confirmed under Section 63-15-358, the date and place of 16 registration. 17 (C) Upon the filing of a petition, the court shall issue an order 18 directing the respondent to appear in person with or without the 19 child at a hearing and may enter any order necessary to ensure the 20 safety of the parties and the child. The hearing must be held on the 21 next judicial day after service of the order unless that date is 22 impossible. In that event, the court shall hold the hearing on the 23 first judicial day possible. The court may extend the date of 24 hearing at the request of the petitioner. 25 (D) An order issued under subsection (C) must state the time 26 and place of the hearing and advise the respondent that at the 27 hearing the court will order that the petitioner may take immediate 28 physical custody of the child and the payment of fees, costs, and 29 expenses under Section 63-15-372, and may schedule a hearing to 30 determine whether further relief is appropriate, unless the 31 respondent appears and establishes that: 32 (1) the child custody determination has not been registered 33 and confirmed under Section 63-15-358 and that: 34 (a) the issuing court did not have jurisdiction under 35 Subarticle 2; 36 (b) the child custody determination for which enforcement 37 is sought has been vacated, stayed, or modified by a court having 38 jurisdiction to do so under Subarticle 2; 39 (c) the respondent was entitled to notice, but notice was not 40 given in accordance with the standards of Section 63-15-314, in 41 the proceedings before the court that issued the order for which 42 enforcement is sought; or

1 [4747] 238 1 (2) the child custody determination for which enforcement is 2 sought was registered and confirmed under Section 63-15-356, but 3 has been vacated, stayed, or modified by a court of a state having 4 jurisdiction to do so under Subarticle 2. 5 6 Section 63-15-366. Except as otherwise provided in Section 7 63-15-370, the petition and order must be served, by any method 8 authorized by the law of this State, upon respondent and any 9 person who has physical custody of the child. 10 11 Section 63-15-368. (A) Unless the court issues a temporary 12 emergency order pursuant to Section 63-15-336, upon a finding 13 that a petitioner is entitled to immediate physical custody of the 14 child, the court shall order that the petitioner may take immediate 15 physical custody of the child unless the respondent establishes 16 that: 17 (1) the child custody determination has not been registered 18 and confirmed under Section 63-15-358 and that: 19 (a) the issuing court did not have jurisdiction under 20 Subarticle 2; 21 (b) the child custody determination for which enforcement 22 is sought has been vacated, stayed, or modified by a court of a 23 state having jurisdiction to do so under Subarticle 2; or 24 (c) the respondent was entitled to notice, but notice was 25 not given in accordance with the standards of Section 63-15-314, 26 in the proceedings before the court that issued the order for which 27 enforcement is sought; or 28 (2) the child custody determination for which enforcement is 29 sought was registered and confirmed under Section 63-15-358 but 30 has been vacated, stayed, or modified by a court of a state having 31 jurisdiction to do so under Subarticle 2. 32 (B) The court shall award the fees, costs, and expenses 33 authorized under Section 63-15-372 and may grant additional 34 relief, including a request for the assistance of law enforcement 35 officials, and set a further hearing to determine whether additional 36 relief is appropriate. 37 (C) If a party called to testify refuses to answer on the ground 38 that the testimony may be self-incriminating, the court may draw 39 an adverse inference from the refusal. 40 (D) A privilege against disclosure of communications between 41 spouses and a defense of immunity based on the relationship of 42 husband and wife or parent and child may not be invoked in a 43 proceeding under this article.

1 [4747] 239 1 2 Section 63-15-370. (A) Upon the filing of a petition seeking 3 enforcement of a child custody determination, the petitioner may 4 file a verified application for the issuance of a warrant to take 5 physical custody of the child if the child is immediately likely to 6 suffer serious physical harm or be removed from this State. 7 (B) If the court, upon the testimony of the petitioner or other 8 witness, finds that the child is imminently likely to suffer serious 9 physical harm or be removed from this State, it may issue a 10 warrant to take physical custody of the child. The petition must be 11 heard on the next judicial day after the warrant is executed unless 12 that date is impossible. In that event, the court shall hold the 13 hearing on the first judicial day possible. The application for the 14 warrant must include the statements required by Section 15 63-15-364(B). 16 (C) A warrant to take physical custody of a child must: 17 (1) recite the facts upon which a conclusion of imminent 18 serious physical harm or removal from the jurisdiction is based; 19 (2) direct law enforcement officers to take physical custody 20 of the child immediately; and 21 (3) provide for the placement of the child pending final 22 relief. 23 (D) The respondent must be served with the petition, warrant, 24 and order immediately after the child is taken into physical 25 custody. 26 (E) A warrant to take physical custody of a child is enforceable 27 throughout this State. If the court finds on the basis of the 28 testimony of the petitioner or other witness that a less intrusive 29 remedy is not effective, it may authorize law enforcement officers 30 to enter private property to take physical custody of the child. If 31 required by exigent circumstances of the case, the court may 32 authorize law enforcement officers to make a forcible entry at any 33 hour. 34 (F) The court may impose conditions upon placement of a 35 child to ensure the appearance of the child and the child’s 36 custodian. 37 38 Section 63-15-372. (A) The court shall award the prevailing 39 party, including a state, necessary and reasonable expenses 40 incurred by or on behalf of the party, including costs, 41 communication expenses, attorney’s fees, investigative fees, 42 expenses for witnesses, travel expenses, and childcare during the 43 course of the proceedings, unless the party from whom fees or

1 [4747] 240 1 expenses are sought establishes that the award would be clearly 2 inappropriate. 3 (B) The court may not assess fees, costs, or expenses against a 4 state unless authorized by law other than this article. 5 6 Section 63-15-374. A court of this State shall accord full faith 7 and credit to an order issued by another state and consistent with 8 this article which enforces a child custody determination by a court 9 of another state unless the order has been vacated, stayed, or 10 modified by a court having jurisdiction to do so under Subarticle 2. 11 12 Section 63-15-376. An appeal may be taken from a final order in 13 a proceeding under this subarticle in accordance with expedited 14 appellate procedures in other civil cases. Unless the court enters a 15 temporary emergency order under Section 63-15-336, the 16 enforcing court may not stay an order enforcing a child custody 17 determination pending appeal. 18 19 Section 63-15-378. (A) In a case arising under this article or 20 involving the Hague Convention on the Civil Aspects of 21 International Child Abduction, the prosecutor may take any lawful 22 action, including resorting to a proceeding under this subarticle or 23 any other available civil proceeding to locate a child, obtain the 24 return of a child, or enforce a child custody determination if there 25 is: 26 (1) an existing child custody determination; 27 (2) a request to do so from a court in a pending child custody 28 proceeding; 29 (3) a reasonable belief that a criminal statute has been 30 violated; or 31 (4) a reasonable belief that the child has been wrongfully 32 removed or retained in violation of the Hague Convention on the 33 Civil Aspects of International Child Abduction. 34 (B) A prosecutor acting under this section acts on behalf of the 35 court and may not represent any party. 36 37 Section 63-15-380. At the request of a prosecutor acting under 38 Section 63-15-378, a law enforcement officer may take any lawful 39 action reasonably necessary to locate a child or a party and assist a 40 prosecutor with responsibilities under Section 63-15-378. 41 42 Section 63-15-382. If the respondent is not the prevailing party, 43 the court may assess against the respondent all direct expenses and

1 [4747] 241 1 costs incurred by the prosecutor and law enforcement officers 2 under Section 63-15-378 or 63-15-380. 3 4 Subarticle 4 5 6 Miscellaneous Provisions 7 8 Section 63-15-390. In applying and construing this uniform act, 9 consideration must be given to the need to promote uniformity of 10 the law with respect to its subject matter among states that enact it. 11 12 Section 63-15-392. If any provision of this article or its 13 application to any person or circumstance is held invalid, the 14 invalidity does not affect other provisions or applications of this 15 article which can be given effect without the invalid provision or 16 application, and to this end the provisions of this article are 17 severable. 18 19 Section 63-15-394. A motion or other request for relief made in 20 a child custody proceeding or to enforce a child custody 21 determination which was commenced before the effective date of 22 this act is governed by the law in effect at the time the motion or 23 other request was made. 24 25 CHAPTER 17 26 27 Paternity and Child Support 28 29 Article 1 30 31 Paternity 32 33 Section 63-17-10. (A) The purpose of this article is to 34 establish a procedure to aid in the determination of the paternity of 35 an individual. 36 (B) As used in this article, ‘child’ includes, but is not limited to, 37 a person under the age of eighteen years. 38 (C) An action to establish the paternity of an individual may be 39 brought by: 40 (1) A child; 41 (2) The natural mother of a child; 42 (3) Any person in whose care a child has been placed;

1 [4747] 242 1 (4) An authorized agency, including, but not limited to, the 2 Department of Social Services, pursuant to the provisions of 3 Chapter 5 of Title 43, and any other person or agency pursuant to 4 the provisions of Sections 63-3-550 and 63-17-340; or 5 (5) A person who claims to be the father of a child. 6 (D) If an action is brought under this article prior to the birth of 7 a child, all proceedings must be stayed until after the birth of the 8 child except the service of a summons and the taking of 9 depositions or other discovery procedures. 10 (E) Whenever an action threatens to make a child illegitimate, 11 the presumed legal father and the putative natural father must be 12 made parties respondents to the action. A child under the age of 13 eighteen years must be represented by a guardian ad litem 14 appointed by the court. Neither the mother nor the presumed or 15 putative father of the child may represent him as guardian ad litem. 16 17 Section 63-17-20. (A) Any person who has sexual intercourse 18 in this State thereby submits to the jurisdiction of the courts of this 19 State as to an action brought under this article with respect to a 20 child who may have been conceived by that act of intercourse. In 21 addition to any other method provided by law, personal 22 jurisdiction may be acquired by service of process outside this 23 State in the manner authorized by the provisions of Section 24 36-2-806. 25 (B) Unless the court orders otherwise, the custody of an 26 illegitimate child is solely in the natural mother unless the mother 27 has relinquished her rights to the child. If paternity has been 28 acknowledged or adjudicated, the father may petition the court for 29 rights of visitation or custody in a proceeding before the court 30 apart from an action to establish paternity. 31 (C) All actions commenced under this article must be dealt 32 with as separate proceedings before the court without a jury. The 33 general public is to be excluded from these proceedings and only 34 those persons whom the judge finds to have a direct interest in the 35 proceeding or in assisting the court in its work are to be permitted 36 to attend. 37 (D) Any proceeding commenced under this article is a civil 38 action. The natural mother of the child and the alleged father are 39 competent to testify and may be compelled by the court to appear 40 and give testimony. 41 42 Section 63-17-30. (A) As soon as practicable after an action 43 has been commenced, the court, upon its motion or that of an

1 [4747] 243 1 interested party, may order the natural mother, the putative father, 2 and the child to submit to genetic tests such as red blood cell 3 antigen testing, human leukocyte antigen (HLA) testing, 4 electrophoresis, or other tests which have been developed for the 5 purpose of proving or disproving parentage and which are 6 reasonably accessible. If the court orders any of these tests, and if 7 the action is commenced prior to the birth of the child, the court 8 shall also order that the tests be made as soon as medically feasible 9 after the birth of the child. The tests must be performed under the 10 supervision of a qualified expert. In all cases the court shall 11 determine the number and the qualifications of experts, except that 12 the parties may submit for the court’s approval a written 13 stipulation regarding experts and facilities to be used for testing. 14 The costs of any tests not disposed of by written stipulation must 15 be paid by the parties as ordered by the court. However, in any 16 action initiated pursuant to Section 43-5-220 where the court 17 determines that the respondent is indigent, the court may order that 18 these costs be borne by the petitioner. When the State of South 19 Carolina is the petitioner and the respondent is indigent and the 20 court orders the petitioner to pay these costs, they must be paid 21 from amounts collected under the Child Support Enforcement 22 Program (Title IV-D). 23 (B) For all child support cases administered under Title IV-D 24 of the Social Security Act, the child and all other parties in a 25 contested paternity case, upon the request of any party to the 26 action, must be ordered by the court to submit to the genetic 27 testing, as provided for in subsection (A), to determine paternity. 28 This testing is not required where the individual involved has good 29 cause for failing to cooperate pursuant to the provisions of Section 30 402(a)(26)(B) of the Social Security Act or where the court 31 determines that paternity has been previously established by 32 operation of law or judicial finding of fact. 33 (C) For all child support cases not administered under Title 34 IV-D of the Social Security Act, the child and all parties in a 35 contested paternity case, upon the request of any party to the 36 action, must be ordered by the court to submit to the genetic 37 testing, as provided for in subsection (A), to determine paternity. 38 This testing is not required where the court determines that good 39 cause, including the presumption of legitimacy, not to order the 40 test exists or where the court determines that paternity has been 41 established previously by operation of law or judicial finding of 42 fact.

1 [4747] 244 1 (D) Any order issued under this section is enforceable by 2 contempt. 3 4 Section 63-17-40. (A) The court must encourage settlements 5 and voluntary agreements and must examine and approve them 6 whenever they are warranted. Upon a finding of fairness the court 7 shall approve, without a hearing, settlements and voluntary 8 agreements which are reduced to writing, signed by the parties, 9 and properly verified. The agreement must be accompanied by 10 financial declarations and affidavits from the custodial and 11 noncustodial parents stating that they have read, or have had read 12 to them, and understand the agreement and that they have 13 voluntarily executed the agreement or consent order. The parties 14 may submit themselves to the jurisdiction of the court by a 15 settlement or voluntary agreement which must be filed with the 16 summons and complaint. A defendant’s affidavit must state that 17 the defendant is capable of fulfilling any financial requirements of 18 the agreement or consent order applicable to the defendant. Upon 19 the court’s approval, the settlement or voluntary agreement 20 becomes an order of the court. 21 (B) In actions commenced by the Department of Social 22 Services or any other authorized agency, an employee of the 23 department or the agency who is familiar with the action may 24 make, on behalf of the custodial parent, the required affidavit 25 accompanying a settlement, voluntary agreement, or consent order. 26 In cases where the child is the recipient of public assistance, the 27 affidavit must state that the employee has reviewed the case and 28 that the child involved is receiving public assistance due in part to 29 inadequate support from the noncustodial parent. 30 31 Section 63-17-50. (A) A verified voluntary acknowledgment 32 of paternity creates a legal finding of paternity, subject to the right 33 of any signatory to rescind the acknowledgment within the earlier 34 of: 35 (1) sixty days; or 36 (2) the date of an administrative or judicial proceeding 37 relating to the child including a proceeding to establish a support 38 order in which the signatory is a party. 39 (B) Upon the expiration of the sixty-day period provided for in 40 subsection (A), a verified voluntary acknowledgment of paternity 41 may be challenged in court only on the basis of fraud, duress, or 42 material mistake of fact, with the burden of proof upon the 43 challenger.

1 [4747] 245 1 (C) In the event of a challenge, legal responsibilities including 2 child support obligations of any signatory arising from the 3 acknowledgment may not be suspended during the challenge 4 except for good cause shown. 5 (D) Judicial or administrative proceedings are not required or 6 permitted to ratify an unchallenged acknowledgment of paternity. 7 8 Section 63-17-60. (A) The following evidence is admissible at 9 a hearing to determine paternity: 10 (1) Results of genetic tests as described in Section 63-17-30 11 from physicians, agencies, hospitals, laboratories, or other 12 qualified testing facilities, properly verified to show the chain of 13 custody of blood samples. This evidence, must be introduced and 14 admitted without the foundation testimony or other proof of 15 authenticity or accuracy unless a challenge has been asserted by 16 motion at least twenty days before the date of trial. Any party to 17 the action, absent stipulations to the contrary, may demand the 18 right to have additional testing conducted at the expense of the 19 party who demands the additional testing. 20 (2) The refusal of a party to submit to a genetic or other 21 ordered test as to the credibility of a party. 22 (3) Test results which show a statistical probability of 23 paternity. A statistical probability of paternity of ninety-five 24 percent or higher creates a rebuttable presumption of the putative 25 father’s paternity. 26 (4) A verified voluntary acknowledgment of paternity. This 27 acknowledgment creates a rebuttable presumption of the putative 28 father’s paternity except that a verified voluntary acknowledgment 29 of paternity executed after January 1, 1998, creates a conclusive 30 presumption of the putative father’s paternity subject to the 31 provisions of Section 63-17-50. The person acknowledging 32 paternity must be given the opportunity to seek legal advice prior 33 to signing a verified voluntary acknowledgment. A verified 34 voluntary acknowledgment must be made by a sworn document, 35 signed by the person acknowledging paternity and witnessed by 36 (1) that person’s attorney, parent, or guardian or (2) a person 37 eighteen years of age or older who is not related to the child and 38 not employed or acting under the authority of the Department of 39 Social Services. The witness must attach to the acknowledgment a 40 written certification which specifies that prior to signing the 41 acknowledgment, the provisions of the acknowledgment were 42 discussed with the person acknowledging paternity and that, based 43 upon this discussion, it is the witness’ opinion that the

1 [4747] 246 1 acknowledgment is being given voluntarily and that it is not being 2 obtained under duress or through coercion. 3 (5) A foreign paternity determination whether established 4 through administrative or judicial process. This determination 5 creates a conclusive presumption of paternity. 6 (6) A birth certificate containing the signature of the mother 7 and the putative father. This evidence creates a rebuttable 8 presumption of paternity. 9 (7) An expert’s opinion concerning the time of conception. 10 This evidence is admissible in the same manner as other expert 11 testimony. The court may take judicial notice of the normal period 12 of gestation. 13 (8) The testimony of a husband and wife as to any relevant 14 matter, including marriage and parentage. 15 (9) Any other relevant and competent evidence deemed 16 admissible in the discretion of the court. 17 (B) Upon the motion of any party to the action or upon its own 18 motion, the court may view a child for the purpose of examining 19 the presence or the absence of physical characteristics and 20 similarities between the child and the putative father. 21 (C) If a male witness offers testimony indicating that his act of 22 intercourse with the natural mother may have resulted in the 23 conception of the child, the court may require the witness to 24 submit to genetic or other tests to determine whether he is the 25 child’s father. If the results of the tests exclude or tend to exclude 26 the witness as the father of the child, the witness’s testimony must 27 be stricken from the record and disregarded. 28 29 Section 63-17-70. Upon a finding that the putative father is the 30 natural father of the child, the court must issue an order 31 designating the putative father as the natural father. The order also 32 shall set forth the social security numbers, or the alien 33 identification numbers assigned to resident aliens who do not have 34 social security numbers, of both parents. The order shall establish a 35 duty of support and provide for child support payments in amounts 36 and at a frequency to be determined by the court. The order also 37 shall provide for other relief which has been properly prayed for in 38 the pleadings and which is considered reasonable and just by the 39 court. Upon a finding that the putative father is not the father of the 40 child, the court shall issue an order which sets forth this finding. 41 42 Article 3 43

1 [4747] 247 1 Child Support 2 General Provisions 3 4 Section 63-17-310. The family court has the authority to enforce 5 the provisions of any decree, judgment, or order regarding child 6 support of a court of this State, including cases with jurisdiction 7 based on the revised Uniform Reciprocal Enforcement of Support 8 Act, provided that personal jurisdiction has been properly 9 established. This authority includes the right to modify any such 10 decree, judgment, or order for child support as the court considers 11 necessary upon a showing of changed circumstances. No such 12 modification is effective as to any installment accruing prior to 13 filing and service of the action for modification. Additionally, the 14 family court has the right to hold any arrearage in child support in 15 abeyance. 16 17 Section 63-17-320. Any family court has jurisdiction and 18 authority to enforce or modify an order or decree of any other 19 court respecting support of wife or children subject to the 20 limitations contained in Section 63-17-310, custody of children 21 and visitation upon an order from the court of original jurisdiction, 22 transferring jurisdiction to the family court. Petition may be made 23 by either party to the original action to transfer the cause to the 24 family court of the county where the other party resides, or petition 25 may be made by the family court of the county to which transfer is 26 sought, if it appears that the transfer will serve the ends of justice. 27 The court of original jurisdiction may transfer the cause in its 28 discretion. 29 30 Section 63-17-330. The court shall issue, upon motion of either 31 party, a temporary order requiring the payment of child support 32 pending an administrative or judicial determination of parentage if: 33 (1) the defendant has signed a verified voluntary 34 acknowledgment of paternity which complies with the 35 requirements of Section 63-17-60(A)(4); 36 (2) the defendant has been determined pursuant to law to be the 37 parent; or 38 (3) there is other clear and convincing evidence that the 39 defendant is the child’s parent. 40 41 Section 63-17-340. Any interested persons may file a petition to 42 the court requesting the court to order persons legally chargeable 43 to provide support as required by law.

1 [4747] 248 1 2 Section 63-17-350. When a child is born to parents, either or 3 both of whom are unmarried and under eighteen years of age, the 4 Child Support Enforcement Division of the State Department of 5 Social Services may pursue support and maintenance of that child 6 from one or both of the child’s maternal and paternal grandparents 7 as long as the parent of the child is under eighteen years of age. 8 9 Section 63-17-360. Except where the circumstances indicate it to 10 be undesirable, in all cases where an application for support has 11 been made, an effort should be made by the judge to restore 12 harmonious relations between the husband and wife and to adjust 13 the issues raised by the application through conciliation and 14 agreement. Where an agreement for the support of the petitioner is 15 brought about, it must be reduced to writing and submitted to the 16 court for approval. Where possible, the court shall see both parties 17 and shall inquire of each whether the agreement, which he must 18 state to them, is what they have agreed to. If it is, and the court 19 shall approve it, the court without further hearing may thereupon 20 enter an order for the support of the petitioner by the respondent in 21 accordance with such agreement, which shall be binding upon the 22 respondent and shall in all respects be a valid order as though it 23 had been made after process has been issued out of the court. The 24 court record shall show that such order was made upon agreement. 25 26 Section 63-17-370. The court shall in a proper case issue a 27 summons or rule to show cause, requiring the respondent to appear 28 at the court at a time and place named, to show cause why the 29 order for support prayed for by the petition shall not be granted. A 30 summons or rule to show cause shall not be refused without giving 31 the petitioner an opportunity to present witnesses and be heard by 32 the court. 33 34 Section 63-17-380. (A) If pursuant to family court rule, the 35 clerk of court issues a rule to show cause in a case of child support 36 or periodic alimony arrearage, the clerk also shall provide written 37 notice to the party owed the support or alimony. The notice to the 38 party owed support or alimony must: 39 (1) be provided by the court at least five days prior to the 40 hearing; 41 (2) be sent by first class delivery through the United States 42 Postal Service and addressed to the party’s last address on file with 43 the court; and

1 [4747] 249 1 (3) include the date, time, and place the party in arrears has 2 been ordered to appear. 3 (B) The mailing provided for in subsection (A) is considered 4 sufficient notice of the hearing to the party owed the support or 5 alimony. 6 (C) The clerk of court shall place in the case file a copy of the 7 notice sent to the party owed support or alimony with the time and 8 date stamped on the copy. 9 (D) This section does not apply to a rule to show cause in a 10 case of child support or periodic alimony arrearage issued by a 11 clerk of court pursuant to family court rule if the party owed the 12 support or alimony is represented by the Department of Social 13 Services. 14 15 Section 63-17-390. Where a respondent shall neglect or refuse to 16 obey an order for support or upon agreement signed by the 17 respondent and approved by the court, and the court is satisfied 18 thereof by competent proof, it may, with or without notice, issue a 19 warrant to commit the respondent to jail until the order is obeyed 20 or until the respondent is discharged by law. 21 22 Section 63-17-400. When a petition is presented to the court and 23 it shall appear that: 24 (1) the summons or rule to show cause cannot be served; or 25 (2) the respondent has failed to obey the summons or rule to 26 show cause; or 27 (3) the respondent is likely to leave the jurisdiction; or 28 (4) a summons or rule to show cause would be ineffectual; or 29 (5) the safety of the petitioner is endangered; or 30 (6) a respondent on bond or on probation has failed to appear, 31 the court may issue a warrant, in the form prescribed in Section 32 63-17-410, directing that the respondent be arrested and brought 33 before the court. Warrants and other processes may be served by 34 any peace officer, or by the probation counselor. The court shall 35 make rules relative to the service of warrants. Warrants issued by 36 the court shall be valid throughout the State. The judge may issue 37 ex parte orders for temporary child support, temporary custody and 38 restraining orders where conditions warrant. 39 40 Section 63-17-410. A warrant of arrest may be substantially in 41 the following form: 42 ‘STATE OF SOUTH CAROLINA } IN THE FAMILY COURT 43 COUNTY OF ______} ORDER

1 [4747] 250 1 A petition for nonsupport having been filed against the above 2 named respondent, ______, and a showing having been made 3 to the Court that there exists one or more of the grounds for 4 issuance of a warrant for the arrest of the respondent contained in 5 The Family Court Act. Now, therefore, it is 6 ORDERED that the Sheriff of ______County or any lawful 7 deputy arrest the above named ______and commit (her/him) 8 to the ______County Jail or any other jail in the county to be 9 held until (she/he) can be brought before the Court or otherwise 10 released in accordance with the law. 11 AND IT IS SO ORDERED 12 ______13 Judge 14 ______, 15 South Carolina’. 16 17 Section 63-17-420. If a respondent is arrested under a warrant of 18 the court at a time when the court is not in session, he shall be 19 taken to the most accessible magistrate and arraigned before him. 20 The production of the warrant shall be evidence of the filing of 21 proper information, and the magistrate shall thereupon hold the 22 respondent, admit him to bond, or parole him for trial before the 23 court. All subsequent proceedings shall be had in the court. 24 25 Section 63-17-430. If the defendant in any proceeding brought 26 under the provisions of Section 63-5-20, either before or after 27 conviction, shall give bond, with one or more sureties approved by 28 the clerk of the court, in the sum of not less than one hundred 29 dollars nor more than three thousand dollars under such terms and 30 conditions as the court in its discretion may deem wise and proper 31 for the maintenance and support of the defendant’s wife or minor 32 unmarried child or children, he shall not be imprisoned or the fine 33 imposed unless the condition of such bond is broken. 34 35 Section 63-17-440. If the respondent be admitted to bond, the 36 condition of the undertaking shall be for his future appearance 37 according to the terms thereof, or in default of such appearance, 38 that the surety will pay the clerk of court a specified sum as therein 39 set forth. Instead of entering into such an undertaking a 40 respondent may deposit money in an amount to be fixed by the 41 court. If the respondent fails to appear in accordance with the 42 terms of the undertaking, the court shall enter the fact of such 43 nonappearance upon the record, and the undertaking for his

1 [4747] 251 1 appearance, or the money deposited in lieu thereof, shall be 2 forfeited and upon order of the court the sum recovered shall be 3 applied by the clerk of the court for the benefit of the petitioner. 4 However, the court may, in its discretion, remit such forfeiture. 5 6 Section 63-17-450. (A) An obligor and an obligee in a child 7 support or paternity action, whether judicial or administrative, 8 shall provide the following information to the tribunal: 9 (1) residence address; 10 (2) mailing address; 11 (3) telephone number; 12 (4) social security number or the alien identification number 13 assigned to a resident alien who does not have a social security 14 number; 15 (5) driver’s license number; and 16 (6) name, address, and telephone number of employer. 17 The parties shall notify the tribunal of any changes to the 18 above-referenced information within ten days of the effective date 19 of the change. In subsequent support actions between the obligor 20 and the obligee or their assignees, upon sufficient showing that 21 diligent effort has been made to ascertain the location of the party, 22 delivery by first-class mail of written notice to the obligor and the 23 obligee at the residential or employer address most recently filed 24 with the tribunal constitutes service of process. 25 (B) ‘Tribunal’ is defined for purposes of this section as the 26 family court or the Department of Social Services, Child Support 27 Enforcement Division or its designee. 28 29 Section 63-17-460. (A) If copies of bills are furnished to the 30 adverse party at least ten days before the date of an administrative 31 or judicial hearing, the bills for testing for parentage and for 32 prenatal and postnatal health care of the mother and child must be 33 admitted as evidence without third party foundation testimony and 34 are prima facie evidence of the amounts incurred for the services 35 or for testing and that the amounts were reasonable, necessary, and 36 customary. 37 (B) Any individual or entity who prepares or submits falsified 38 billing information shall be subject to the contempt powers of the 39 court. 40 41 Section 63-17-470. (A) In any proceeding for the award of child 42 support, there is a rebuttable presumption that the amount of the 43 award which would result from the application of the guidelines

1 [4747] 252 1 required under Section 43-5-580(b) is the correct amount of child 2 support to be awarded. A different amount may be awarded upon 3 a showing that application of the guidelines in a particular case 4 would be unjust or inappropriate. When the court orders a child 5 support award that varies significantly from the amount resulting 6 from the application of the guidelines, the court shall make 7 specific, written findings of those facts upon which it bases its 8 conclusion supporting that award. Findings that rebut the 9 guidelines must state the amount of support that would have been 10 required under the guidelines and include a justification of why the 11 order varies from the guidelines. 12 (B) Application of these guidelines to an existing child support 13 order, in and of itself, is not considered a change in circumstances 14 for the modification of that existing order, except in a Title IV-D 15 case. 16 (C) The court shall consider the following factors which may 17 be possible reasons for deviation from the guidelines or may be 18 used in determining whether a change in circumstances has 19 occurred which would require a modification of an existing order: 20 (1) educational expenses for the child or children or the 21 spouse, to include those incurred for private, parochial, or trade 22 schools, other secondary schools, or post-secondary education 23 where there is tuition or related costs; 24 (2) equitable distribution of property; 25 (3) consumer debts; 26 (4) families with more than six children; 27 (5) unreimbursed extraordinary medical or dental expenses 28 for the noncustodial or custodial parent; 29 (6) mandatory deduction of retirement pensions and union 30 fees; 31 (7) support obligations for other dependents living with the 32 noncustodial parent or noncourt ordered child support from 33 another relationship; 34 (8) child-related unreimbursed extraordinary medical 35 expenses; 36 (9) monthly fixed payments imposed by a court or operation 37 of law; 38 (10) significant available income of the child or children; 39 (11) substantial disparity of income in which the noncustodial 40 parent’s income is significantly less than the custodial parent’s 41 income, thus making it financially impracticable to pay what the 42 guidelines indicate the noncustodial parent should pay;

1 [4747] 253 1 (12) alimony; because of their unique nature, lump sum, 2 rehabilitative, reimbursement, or any other alimony that the court 3 may award, may be considered by the court as a possible reason 4 for deviation from these guidelines; 5 (13) agreements reached between parties; the court may 6 deviate from the guidelines based on an agreement between the 7 parties if both parties are represented by counsel or if, upon a 8 thorough examination of any party not represented by counsel, the 9 court determines the party fully understands the agreement as to 10 child support. The court still has the discretion and the 11 independent duty to determine if the amount is reasonable and in 12 the best interest of the child or children. 13 (D) Pursuant to Section 43-5-580(b), the department shall 14 promulgate regulations which establish child support guidelines as 15 a rebuttable presumption. The department shall review these 16 regulations at least once every four years to ensure that their 17 application results in appropriate child support award amounts. 18 19 Section 63-17-480. An administrative or judicial order which 20 includes a determination of paternity or a provision for child 21 support shall set forth the social security numbers, or the alien 22 identification numbers assigned to resident aliens who do not have 23 social security numbers, of both parents. 24 25 Section 63-17-490. Notwithstanding any other provision of law, 26 a court or administrative order for child support or order for 27 contempt for nonpayment of child support being enforced under 28 Title IV-D of the Social Security Act may direct a noncustodial 29 parent who is unemployed or underemployed and who is the parent 30 of a child receiving Aid to Families with Dependent Children 31 benefits to participate in an employment training program or 32 public service employment. Upon failure of the noncustodial 33 parent to comply with an order of contempt which directed the 34 noncustodial parent to participate in the employment training 35 program or public service employment, the Family Court, upon 36 receiving an affidavit of noncompliance from the department, 37 immediately may issue a bench warrant for the arrest of the 38 noncustodial parent. The Department of Social Services shall 39 promulgate regulations governing the eligibility criteria and 40 implementation of these training programs and public service 41 employment. 42

1 [4747] 254 1 Section 63-17-500. In the case of a respondent who shall have 2 neglected or refused to obey an order for support, the court may 3 suspend sentence or the execution of the warrant, as the case may 4 be, and place him or her on probation under such conditions as the 5 court may determine. No person, however, shall be placed on 6 probation unless an order to that effect is made by the court. 7 8 Section 63-17-510. The court may at any time where 9 circumstances warrant it, after a hearing, revoke the probation of a 10 respondent. 11 12 Section 63-17-520. Fines collected pursuant to Sections 13 63-17-850, 63-17-2310(C), and 43-5-598(G) must be distributed as 14 follows: 15 (1) The Department of Social Services shall pay to the federal 16 government the federal share of the amount collected. 17 (2) The Department of Social Services shall use the state share 18 of the amount collected pursuant to item (1) in the administration 19 of the child support enforcement program. 20 21 Article 5 22 23 Administrative Process for Establishing and Enforcing 24 Paternity and Child Support 25 26 Section 63-17-710. Notwithstanding Section 63-3-530 and any 27 other provision of law, the Child Support Enforcement Division of 28 the Department of Social Services, or its designee, also has 29 jurisdiction to establish paternity, to establish and enforce child 30 support, and to administratively change the payee in cases brought 31 pursuant to Title IV-D of the Social Security Act in accordance 32 with this article. 33 34 Section 63-17-720. As used in this article, unless the context 35 otherwise requires: 36 (1) ‘Arrearage’ means amounts of past-due and unpaid 37 monthly support obligations established by court or administrative 38 order. 39 (2) ‘Costs of collections’ means costs as provided for in 40 Section 63-3-370 in addition to the monthly support obligation. 41 (3) ‘Court’ or ‘judge’ means any court or judge in this State 42 having jurisdiction to determine the liability of persons for the 43 support of another person.

1 [4747] 255 1 (4) ‘Custodian’ means a parent, relative, legal guardian, or 2 other person or agency having physical custody of a child. 3 (5) ‘Dependent child’ means a person who is legally entitled to 4 or the subject of a support order for the provision of proper or 5 necessary subsistence, education, medical care, or other care 6 necessary for the person’s health, guidance, or well-being who is 7 not otherwise emancipated, self-supporting, married, or a member 8 of the armed forces of the United States. 9 (6) ‘Director’ means the Director of the Child Support 10 Enforcement Division of the State Department of Social Services 11 or the director’s designees. 12 (7) ‘Division’ means the Child Support Enforcement Division 13 of the State Department of Social Services. 14 (8) ‘Duty of support’ means a duty of support imposed by law, 15 by order, decree, or judgment of a court or by administrative order, 16 whether interlocutory or final, or whether incidental to an action 17 for divorce, separation, separate maintenance, or otherwise. ‘Duty 18 of support’ includes the duty to pay a monthly support obligation 19 and any arrearage. 20 (9) ‘Monthly support obligation’ means the monthly amount of 21 current child support that an obligor is ordered to pay by the court 22 or by the division pursuant to this article. 23 (10) ‘Obligee’ means a person or agency to whom a duty of 24 support is owed or a person or agency having commenced a 25 proceeding for the establishment or enforcement of an alleged duty 26 of support. 27 (11) ‘Obligor’ means a person owing a duty of support or 28 against whom a proceeding for the establishment or enforcement 29 of a duty to support is commenced. 30 (12) ‘Order’ means an administrative order that involves the 31 establishment of paternity and/or the establishment and 32 enforcement of an order for child support and/or medical support 33 issued by the Child Support Enforcement Division of the State 34 Department of Social Services or the administrative agency of 35 another state or comparable jurisdiction with similar authority. 36 (13) ‘Payee’ means a custodial parent on whose behalf child 37 support payments are being collected or an agency or its designee 38 in this or another state to which an assignment of rights to child 39 support has been made. 40 (14) ‘Receipt of notice’ means either the date on which service 41 of process of a notice of financial responsibility is actually 42 accomplished or the date on the return receipt if service is by

1 [4747] 256 1 certified mail, both in accordance with one of the methods of 2 service specified in Section 63-17-740. 3 4 Section 63-17-730. The director shall issue a notice of financial 5 responsibility to an obligor who owes a child support debt or who 6 is responsible for the support of a child on whose behalf the 7 custodian of that child is receiving support enforcement services 8 from the division pursuant to Title IV-D of the Social Security Act. 9 The notice shall state that: 10 (1) the obligor is required to appear at the time and location 11 indicated in the notice for a negotiation conference to determine 12 the obligor’s duty of support; 13 (2) the division may issue an order of default setting forth the 14 amount of the obligor’s duty of support, if the obligor: 15 (a) fails to appear for the negotiation conference as 16 scheduled in the notice; and 17 (b) fails to reschedule a negotiation conference before the 18 date and time stated in the notice or within thirty days of service of 19 the notice of financial responsibility, whichever is later; or 20 (c) fails to send the division a written request for a court 21 hearing before the time scheduled for the negotiation conference or 22 within thirty days of service of the notice of financial 23 responsibility, whichever is later; 24 (3) that the obligor may request a court hearing within thirty 25 days after the receipt of the notice of financial responsibility 26 pursuant to Section 63-17-780; 27 (4) that the order of default must be filed with the clerk of 28 court of the county in which the obligor resides or, if the obligor 29 does not reside in the State, with the clerk of court of the county in 30 which the obligee resides; that as soon as the order of the default 31 is filed, it shall have all the force, effect, and remedies of an order 32 of the court including, but not limited to, income withholding or 33 contempt of court; and that execution may be issued on the order 34 in the same manner and with the same effect as if it were an order 35 of the court; 36 (5) no court order for judgment nor verified entry of judgment 37 may be required in order for the clerk of court and division to 38 certify past due amounts of child support to the Internal Revenue 39 Service or Department of Revenue for purposes of intercepting a 40 federal or state tax refund; 41 (6) the name of the custodian of the child on whose behalf 42 support is being sought and the name and birth date of the child;

1 [4747] 257 1 (7) that the amount of the monthly support obligation must be 2 based upon the child support guidelines as set forth in Sections 3 63-17-470 and 43-5-580; 4 (8) that the division may issue an administrative subpoena to 5 obtain income information from the obligor; 6 (9) the amount of any arrearage which has accrued under an 7 administrative or court order from support; 8 (10) that the costs of collections may be assessed against and 9 collected from the obligor; 10 (11) that the obligor may assert the following objections in the 11 negotiation conference and that, if the objects are not resolved, the 12 division shall schedule a court hearing pursuant to Section 13 63-17-750(C): 14 (a) that the dependent child has been adopted by a person 15 other than the obligor; 16 (b) that the dependent child is emancipated; or 17 (c) that there is an existing court or administrative order for 18 support as to the monthly support obligation; 19 (12) that the duty to provide medical support must be 20 established under this article in accordance with the state child 21 support guidelines; 22 (13) that an order issued pursuant to this article or an existing 23 order of a court also may be modified under this article in 24 accordance with the Uniform Interstate Family Support Act; 25 (14) that the obligor is responsible for notifying the division of 26 any change of address or employment within ten days of the 27 change; 28 (15) that, if the obligor has any questions, the obligor should 29 telephone or visit the division; 30 (16) that the obligor has the right to consult an attorney and the 31 right to be represented by an attorney at the negotiation 32 conference; 33 (17) other information as set forth in regulations promulgated 34 pursuant to the Administrative Procedures Act. 35 36 Section 63-17-740. (A) The division shall serve a notice of 37 financial responsibility on the obligor not less than thirty days 38 before the date stated in the notice for the negotiation conference: 39 (1) in the manner prescribed for service of process in a civil 40 action; or 41 (2) by an employee appointed by the division to serve 42 process; or

1 [4747] 258 1 (3) by certified mail, return receipt requested, signed by the 2 obligor only. The receipt is prima facie evidence of service. 3 (B) Notice of a rescheduled negotiation conference must be 4 served on the obligor not less than ten days before the date stated 5 in the notice of continuance of negotiation conference. 6 7 Section 63-17-750. (A) An obligor who has been served with a 8 notice of financial responsibility pursuant to Section 63-17-740 9 and who does not request a hearing pursuant to Section 63-17-780 10 shall appear at the time and location stated in the notice for a 11 negotiation conference or shall reschedule a negotiation conference 12 before the date and time stated in the notice. The negotiation 13 conference must be scheduled not more than ninety days after the 14 date of the issuance of the notice of financial responsibility. A 15 negotiation conference may not be rescheduled more than once 16 without good cause as defined in regulations promulgated pursuant 17 to the Administrative Procedures Act. If a stipulation is agreed 18 upon at the negotiation conference as to the obligor’s duty of 19 support, the division shall issue a consent order setting forth: 20 (1) the amount of the monthly support obligation and 21 instructions on the manner in which it must be paid; 22 (2) the amount of arrearage due and owing and instructions 23 on the manner in which it must be paid; 24 (3) the name of the custodian of the child and the name and 25 birth date of the child for whom support is being sought; 26 (4) other information as set forth in regulations promulgated 27 pursuant to Section 63-17-730(17). 28 (B) A copy of the consent order issued pursuant to subsection 29 (A) and proof of service must be filed with the clerk of court of the 30 county in which the obligor resides or, if the obligor does not 31 reside in the State, with the clerk of court of the county in which 32 the obligee resides. The clerk shall stamp the date of receipt of the 33 copy of the order and shall assign the order a case number. The 34 consent order shall have all the force, effect, and remedies of an 35 order of the court including, but not limited to, income withholding 36 and contempt of court. Execution may be issued on the order in 37 the same manner and with the same effect as if it were an order of 38 the court. No court order for judgment nor verified entry of 39 judgment is required in order for the clerk of court and division to 40 certify past-due amounts of child support to the Internal Revenue 41 Service or State Department of Revenue for purposes of 42 intercepting a federal or state tax refund, or credit bureau 43 reporting.

1 [4747] 259 1 (C) If no stipulation is agreed upon at the negotiation 2 conference, the division shall file the notice of financial 3 responsibility and proof of service with the clerk of court of the 4 county in which the obligor resides or, if the obligor does not 5 reside in the State, with the clerk of court of the county in which 6 the obligee resides, and the matter must be set for a hearing in 7 accordance with Section 63-17-780. 8 (D) The determination of the monthly support obligation must 9 be based on the child support guidelines as set forth in Sections 10 63-17-470 and 43-5-580. 11 12 Section 63-17-760. (A) If an obligor fails to appear for a 13 negotiation conference scheduled in the notice of financial 14 responsibility or fails to reschedule the negotiation conference 15 before the date and time stated in the notice of financial 16 responsibility or if the obligor fails to serve the division with a 17 written request for a court hearing before the time scheduled for 18 the negotiation conference or within thirty days of the date of 19 service of the notice of financial responsibility, whichever is later, 20 the division shall issue an order of default in accordance with the 21 notice of financial responsibility. The order of default must be 22 approved by the court and shall include: 23 (1) the amount of the monthly support obligation and 24 instructions on the manner in which it must be paid; 25 (2) the amount of the arrearage due and owing and 26 instructions on the manner in which it must be paid; 27 (3) the name of the custodian of the child and the name and 28 birth date of the child for whom support is being sought; 29 (4) other information as set forth in regulations promulgated 30 pursuant to the Administrative Procedures Act. 31 (B) A copy of an order of default issued pursuant to Subsection 32 (A), proof of service, and an affidavit of default must be filed with 33 the family court in the same manner and has the same force and 34 effect as provided for in Section 63-17-750(B). 35 (C) The determination of the monthly support obligation must 36 be based on the child support guidelines as set forth in Sections 37 63-17-470 and 43-5-580. 38 (D) If an affidavit of service shows that the obligor has been 39 afforded less than the required thirty days notice of the negotiation 40 conference, the negotiation conference must be rescheduled. The 41 obligor must be given at least ten days notice of the rescheduled 42 conference, pursuant to Section 63-17-740. If the obligor fails to 43 appear for the rescheduled negotiation conference and fails to

1 [4747] 260 1 request a court hearing before the date of the rescheduled 2 negotiation conference, the division shall issue an order of default 3 in accordance with subsection (A). 4 5 Section 63-17-770. (A) A copy of an order of financial 6 responsibility or a consent order issued by the division must be 7 sent by the division by first class mail to the obligor or the 8 obligor’s attorney of record and to the custodial parent. 9 (B) A consent order and an order of default shall continue 10 notwithstanding the fact that the child is no longer receiving 11 benefits for aid to families with dependent children, unless the 12 child is emancipated or is otherwise no longer entitled to support 13 as otherwise determined by law. An order of financial 14 responsibility or order of default shall continue until modified by 15 an administrative order or court order or by emancipation of the 16 child. 17 (C) Nothing contained in this article deprives a court of 18 competent jurisdiction from determining the duty of support of an 19 obligor against whom an order is issued pursuant to this article. A 20 determination by the court supersedes the administrative order as 21 to support payments due subsequent to the entry of the order by the 22 court but must not modify any arrearage which may have accrued 23 under the administrative order. 24 25 Section 63-17-780. (A) An obligor who objects to a part of the 26 notice of financial responsibility, within thirty days of receipt of 27 the notice, shall make a written request for a court hearing to the 28 division. The request must be served upon the division by certified 29 mail or in the same manner as a summons in a civil action. 30 (B) Upon receipt of a written request for a hearing, the division 31 shall file the written request for a hearing, the notice of financial 32 responsibility, and proof of service with the clerk of court of the 33 county in which the obligor resides or, if the obligor does not 34 reside in the State, with the clerk of court of the county in which 35 the obligee resides and shall request the court to set a hearing for 36 the matter. The clerk of court shall send a notice to the obligor and 37 the division informing them of the date and location of the hearing. 38 If the obligor raises issues relating to custody or visitation and the 39 court has jurisdiction to hear these matters, the court shall set a 40 separate hearing for those issues after entry of the order. 41 42 Section 63-17-790. (A) The division may establish paternity of 43 a child in the course of a negotiation conference held pursuant to

1 [4747] 261 1 Section 63-17-750 based upon an application for services or 2 receipt of services by the custodian pursuant to Title IV-D of the 3 Social Security Act. Service on the alleged father pursuant to this 4 section must be made as provided in Section 63-17-740. In 5 addition to the notice of financial responsibility as set forth in 6 Section 63-17-730, the division must serve the alleged father with 7 a notice of paternity determination which shall include: 8 (1) an allegation that the alleged father is the natural father 9 of the child involved; 10 (2) the child’s name and date of birth; 11 (3) the name of the child’s mother and the name of the 12 person or agency having custody of the child, if other than the 13 mother; 14 (4) a statement that if the alleged father fails to timely deny 15 the allegation of paternity, the question of paternity may be 16 resolved against the alleged father without further notice; 17 (5) a statement that if the alleged father timely denies the 18 allegation of paternity: 19 (a) the alleged father is subject to compulsory genetic 20 testing and that expenses incurred may be assessed against the 21 alleged father if he is found to be the father; 22 (b) a genetic test may result in a presumption of paternity; 23 and 24 (c) upon receipt of the genetic test results, if the alleged 25 father continues to deny paternity, the alleged father may request 26 the division to refer the matter to Family Court for a determination 27 of paternity pursuant to Section 63-17-780. An order for child 28 support resulting from a subsequent finding of paternity is 29 effective from the date the alleged father was served with the 30 notice of paternity determination. 31 (B) The alleged father may file a written denial of paternity 32 with the division within thirty days after service of the notice of 33 paternity determination. 34 (C) When there is more than one alleged father of a child, the 35 division may serve a notice of paternity determination on each 36 alleged father in the same consolidated proceeding or in separate 37 proceedings. Failure to serve notice on an alleged father does not 38 prevent the division from serving notice on any other alleged 39 father of the same child. 40 41 Section 63-17-800. (A) If the testimony and other 42 supplementary evidence presented at the negotiation conference 43 demonstrate a reasonable probability that the alleged father had

1 [4747] 262 1 sexual intercourse with the child’s mother during the probable time 2 of the child’s conception or if the evidence shows a probable 3 existence of a presumption, the division may issue a subpoena 4 ordering the alleged father to submit to paternity genetic testing. A 5 reasonable probability of sexual intercourse during the possible 6 time of conception may be established by affidavit of the child’s 7 mother. 8 (B) If the division does not receive a timely written denial of 9 paternity or if an alleged father fails to appear at the negotiation 10 conference or for a scheduled paternity test, the division may enter 11 an order declaring the alleged father the legal father of the child. 12 The order takes effect fifteen days after entry of default unless the 13 alleged father before the fifteenth day presents good cause for 14 failure to make a timely denial or for failure to appear at the 15 negotiation conference or to undergo genetic testing. The division 16 may not enter an order under this section if there is more than one 17 alleged father unless the default applies to only one alleged father 18 and all other alleged fathers have been excluded by the results of 19 genetic testing. If there is more than one alleged father who has 20 not been excluded by the results of genetic testing, the division 21 may petition the court for a hearing to establish paternity. 22 (C) If the rights of others and the interests of justice require, the 23 division may apply to any Family Court for an order compelling an 24 alleged father to submit to genetic testing. The court shall hear the 25 matter as expeditiously as possible. If the court finds reasonable 26 cause to believe that the alleged father is the natural or presumed 27 father of the child, the court shall enter an order compelling the 28 alleged father to submit to a genetic test. As provided in 29 subsection (A), reasonable cause may be established by affidavit of 30 the child’s mother. 31 32 Section 63-17-810. The division shall appoint an expert who is 33 qualified in examining genetic markers to conduct any genetic test. 34 If the issue of paternity is referred to the Family Court, the expert’s 35 completed and certified report of the results and conclusions of a 36 genetic test is admissible as evidence without additional testing or 37 testimony. An order entered pursuant to this article establishes 38 legal paternity for all purposes. 39 40 Section 63-17-820. (A) The division may establish all duties of 41 support including the duty to pay any arrearage and may enforce 42 duties of support from an obligor pursuant to this article if that 43 action is requested by an agency of another state which is

1 [4747] 263 1 operating under Title IV-D of the federal Social Security Act, as 2 amended. 3 (B) If the division proceeds against an obligor under subsection 4 (A), it shall seek establishment and enforcement of the liability 5 imposed by the laws of the state where the obligor was located 6 during the period for which support is sought. The obligor is 7 presumed to have been present in this State during the period until 8 otherwise shown. 9 (C) If the obligee is absent from this State and the obligor 10 presents evidence which constitutes a defense, the obligor shall 11 request a court hearing. 12 (D) The remedies provided by this article are additional to 13 those remedies provided by the ‘Uniform Interstate Family 14 Support Act’. 15 16 Section 63-17-830. (A) At any time after the entry of a consent 17 order or an order for default under this article or an order of the 18 court the division may issue a notice of financial responsibility to 19 an obligor requesting the modification of an existing order issued 20 pursuant to this article or an existing order of the court. The 21 division shall serve the obligor with a notice of financial 22 responsibility as provided in Section 63-17-730 and shall proceed 23 as set forth in this article. The obligor or obligee may file a written 24 request for modification of an order issued under this article or an 25 existing order of the court with the division by serving the division 26 by certified mail. If the division does not object to the request for 27 modification based upon a showing of changed circumstances as 28 provided by law, the division shall serve the obligor with a notice 29 of financial responsibility as provided in Section 63-17-730 and 30 shall proceed as set forth in this article. If the division objects to 31 the request for modification based upon the failure to demonstrate 32 a showing of changed circumstances, the division shall advise the 33 obligor or obligee that a petition for review may be filed with the 34 Family Court. 35 (B) A request for modification made pursuant to this section 36 does not preclude the division from enforcing and collecting upon 37 the existing order pending the modification proceeding. 38 (C) Only payments accruing subsequent to the modification 39 may be modified. Modification must be made pursuant to Section 40 20-3-160. 41 42 Section 63-17-840. In cases in which support is subject to an 43 assignment or a requirement to pay through any state disbursement

1 [4747] 264 1 unit which may be established, the division or its designee may 2 direct the obligor or the payor to change the payee to the 3 appropriate government entity. The division shall provide written 4 notification of this change to the obligor and the obligee not less 5 than ten days before the effective date of the change. 6 7 Section 63-17-850. When necessary in the discharge of the 8 duties of the department to establish, modify, or enforce a child 9 support order, the department may issue an administrative 10 subpoena or subpoena duces tecum to a state, county, or local 11 agency, board or commission, or to any private entity or individual 12 or to any representative of a state, county, or local agency, board or 13 commission, or private entity to compel the production of 14 documents, books, papers, correspondence, memoranda, and other 15 records relevant to the discharge of the department’s duties. The 16 department may assess a civil fine of one hundred dollars per 17 occurrence for failure to obey a subpoena or subpoena duces tecum 18 issued pursuant to this section, in addition to any other remedies as 19 permitted by law. A subpoena or subpoena duces tecum issued 20 under this section may be enforced pursuant to Section 63-3-530. 21 22 Article 7 23 24 Child Support Enforcement through License Revocation 25 26 Section 63-17-1010. In addition to other qualifications 27 necessary for holding a license, an individual who is under an 28 order for child support also is subject to the provisions of this 29 article. 30 31 Section 63-17-1020. As used in this article: 32 (1) ‘Arrearage’ means the total amount overdue under an 33 order of support. 34 (2) ‘Compliance with an order for support’ means that 35 pursuant to an order for support the person required to pay under 36 the order is in arrears no more than five-hundred dollars and has 37 paid the full child support obligation for the last two consecutive 38 months. 39 (3) ‘Director’ means the Director of the Child Support 40 Enforcement Division of the State Department of Social Services 41 or his designee. 42 (4) ‘Division’ means the Child Support Enforcement 43 Division of the State Department of Social Services.

1 [4747] 265 1 (5) ‘License’ means: 2 (a) a certificate, license, credential, permit, registration, or 3 any other authorization issued by a licensing entity that allows an 4 individual or is required of an individual to engage in a business, 5 occupation, or profession and includes, but is not limited to, a 6 medical license, teaching certificate, commission and certificate of 7 training from the South Carolina Criminal Justice Academy for a 8 sworn law enforcement officer, and a hunting, fishing, or trapping 9 license for commercial use and the privilege to hunt, fish, or trap 10 or hold a hunting, fishing, or trapping license for commercial use; 11 (b) a driver’s license and includes, but is not limited to, a 12 beginner’s or instruction permit, a restricted driver’s license, a 13 motorcycle driver’s license, or a commercial driver’s license; 14 (c) a hunting, fishing, or trapping license for recreational 15 purposes and the privilege to hunt, fish, or trap or hold a hunting, 16 fishing, or trapping license for recreational purposes; 17 (d) a watercraft registration. 18 ‘License’ does not include the authority to practice law; 19 however, the Supreme Court may consider as an additional ground 20 for the discipline of members of the bar the wilful violation of a 21 court order including an order for child support. The department 22 has grounds to file a grievance with the Supreme Court if a 23 licensed attorney is in wilful violation of a court order for child 24 support. 25 (6) ‘Licensee’ means an individual holding a license issued 26 by a licensing entity. 27 (7) ‘Licensing entity’ or ‘entity’ means, for the purposes of 28 issuing or revoking a license, a state, county, or municipal agency, 29 board, department, office, or commission that issues a license. 30 (8) ‘Order for support’ means an order being enforced by the 31 division under Title IV-D of the Social Security Act and which 32 provides for periodic payments of funds for the support of a child 33 or maintenance of a spouse or former spouse and support of a 34 child, whether temporary or final and includes, but is not limited 35 to, an order for reimbursement for public assistance or an order for 36 making periodic payments on a support arrearage. 37 38 Section 63-17-1030. If a licensee is out of compliance with an 39 order for support, the licensee’s license must be revoked unless 40 within forty-five days of receiving notice that the licensee is out of 41 compliance with the order, the licensee has paid the arrearage 42 owing under the order or has signed a consent agreement with the 43 division establishing a schedule for payment of the arrearage.

1 [4747] 266 1 2 Section 63-17-1040. The division shall obtain information on 3 licensees pursuant to Section 63-17-1050 for the purposes of 4 establishing, enforcing, and collecting support obligations. 5 6 Section 63-17-1050. In the manner and form prescribed by the 7 division, all licensing entities monthly shall provide the division 8 information on licensees for use in the establishment, enforcement, 9 and collection of child support obligations including, but not 10 limited to: 11 (1) name; 12 (2) address of record; 13 (3) social security number; 14 (4) employer’s name and address; 15 (5) type of license; 16 (6) effective date of license or renewal; 17 (7) expiration date of license; 18 (8) active or inactive license status. 19 20 Section 63-17-1060. (A) The division shall review the 21 information received pursuant to Section 63-17-1050 and 22 determine if a licensee is out of compliance with an order for 23 support. If a licensee is out of compliance with the order for 24 support, the division shall notify the licensee that forty-five days 25 after the licensee receives the notice of being out of compliance 26 with the order, the licensing entity will be notified to revoke the 27 licensee’s license unless the licensee pays the arrearage owing 28 under the order or signs a consent agreement establishing a 29 schedule for the payment of the arrearage. 30 (B) Upon receiving the notice provided for in subsection (A), 31 the licensee may: 32 (1) request a review with the division; however, issues the 33 licensee may raise at the review are limited to whether the licensee 34 is the individual required to pay under the order for support and 35 whether the licensee is out of compliance with the order of 36 support; or 37 (2) request to participate in negotiations with the division for 38 the purpose of establishing a payment schedule for the arrearage. 39 (C) The division director or the division director’s designees 40 are authorized to and upon request of a licensee shall negotiate 41 with a licensee to establish a payment schedule for the arrearage. 42 Payments made under the payment schedule are in addition to the 43 licensee’s ongoing obligation under the order for support.

1 [4747] 267 1 (D) Upon the division and the licensee reaching an agreement 2 on a schedule for payment of the arrearage, the director shall file 3 an agreement and order pursuant to Section 63-17-750(A) and (B) 4 with the family court in the county in which the order for support 5 was issued. The clerk shall stamp the date of receipt of the 6 agreement and order and shall file it under the docket number of 7 the order of support. The agreement and order shall have all the 8 force, effect, and remedies of an order of the court including, but 9 not limited to, wage assignment and contempt of court. 10 (E) If the licensee and the division do not reach an agreement 11 establishing a schedule for payment of the arrearage, the licensee 12 may petition the court to establish a payment schedule. However, 13 this action does not stay the license revocation procedures. 14 (F) The notification given a licensee that the licensee’s license 15 will be revoked in forty-five days clearly must state the remedies 16 and procedures available to a licensee under this section. 17 (G) If at the end of the forty-five days the licensee still has an 18 arrearage owing under the order for support or the licensee has not 19 signed a consent agreement establishing a payment schedule for 20 the arrearage, the division shall notify the licensing entity to 21 revoke the licensee’s license. A license only may be reinstated if 22 the division notifies the licensing entity that the licensee no longer 23 has an arrearage or that the licensee has signed a consent 24 agreement. 25 (H) Review with the division under this section is the licensee’s 26 sole remedy to prevent revocation of his or her license. The 27 licensee has no right to appeal the revocation with the licensing 28 entity. 29 (I) If a licensee under a consent order entered into pursuant to 30 this section, for the payment of an arrearage subsequently is out of 31 compliance with an order for support, the division immediately 32 may notify the licensing entity to revoke the license and the 33 procedures provided for under subsection (B) do not apply; 34 however the appeal provisions of subsection (H) apply. If upon 35 revocation of the license the licensee subsequently enters into a 36 consent agreement or the licensee otherwise informs the 37 department of compliance, the department shall notify the 38 licensing entity within fourteen days of the determination of 39 compliance and the license must be reissued. 40 (J) Notice required to the licensee under this section must be 41 deposited in the United States mail with postage prepaid and 42 addressed to the licensee at the last known address. The giving of 43 the notice is considered complete ten days after the deposit of the

1 [4747] 268 1 notice. A certificate that the notice was sent in accordance with 2 this article creates a presumption that the notice requirements have 3 been met even if the notice has not been received by the licensee. 4 (K) Nothing in this section prohibits a licensee from filing a 5 petition for a modification of a support order or for any other 6 applicable relief. However, no such petition stays the license 7 revocation procedure. 8 (L) If a license is revoked under this section, the licensing 9 entity is not required to refund any fees paid by a licensee in 10 connection with obtaining or renewing a license, and any fee 11 required to be paid to the licensing entity for reinstatement after a 12 license revocation applies. The division will indemnify the 13 applicable licensing entity from any consequences that may result 14 from the revocation of the licensee’s license. 15 16 Section 63-17-1070. (A) Information provided to a licensing 17 entity pursuant to this section is subject to disclosure in accordance 18 with the Freedom of Information Act. 19 (B) A person who releases information received by a licensing 20 entity pursuant to this section, except as authorized by this section 21 or another provision of law, is guilty of a misdemeanor and, upon 22 conviction, must be fined not more than one thousand dollars or 23 imprisoned not more than one year, or both. 24 25 Section 63-17-1080. An applicant for a license or for renewal 26 of a license shall submit the applicant’s social security number, or 27 the alien identification number assigned to a resident alien who 28 does not have a social security number, to the licensing entity 29 which must be recorded on the application. 30 31 Section 63-17-1090. The State Department of Social Services 32 shall promulgate regulations necessary to carry out this article and 33 shall consult with licensing entities in developing these 34 regulations. 35 36 Article 9 37 38 Employer New Hire Program 39 40 Section 63-17-1210. (A) By January 1, 1996, the Child 41 Support Enforcement Division of the Department of Social 42 Services shall create and develop an Employer New Hire 43 Reporting program. The Employer New Hire Reporting program

1 [4747] 269 1 shall provide a means for employers to voluntarily assist in the 2 state’s efforts to locate absent parents who owe child support and 3 collect child support from those parents by reporting information 4 concerning newly hired and rehired employees directly to the 5 division. 6 (B) The following provisions apply to the Employer New Hire 7 Reporting program: 8 (1) An employer doing business in this State may participate 9 in the Employer New Hire Reporting program by reporting to the 10 Child Support Enforcement Division: 11 (a) the hiring of a person who resides or works in this 12 State to whom the employer anticipates paying earnings; or 13 (b) the rehiring or return to work of an employee who was 14 laid off, furloughed, separated, granted leave without pay, or 15 terminated from employment. 16 (2) The Employer New Hire Reporting program applies to a 17 person who is expected to: 18 (a) be employed for more than one month’s duration; 19 (b) be paid for more than three hundred fifty hours during 20 a continuous six-month period; or 21 (c) have gross earnings of more than three hundred dollars 22 in each month of employment. 23 (3) An employer who voluntarily reports under item (1) shall 24 submit monthly reports regarding each hiring, rehiring, or return to 25 work of an employee during the preceding month. The report must 26 contain: 27 (a) the employee’s name, address, social security number, 28 date of birth, and salary information; and 29 (b) the employer’s name, address, and employer 30 identification number. 31 (4) Employers reporting to the Employer New Hire 32 Reporting program shall provide information to the Child Support 33 Enforcement Division by: 34 (a) sending a copy of the new employee’s W-4 form; 35 (b) completing a form supplied by the Child Support 36 Enforcement Division; or 37 (c) any other means authorized by the Child Support 38 Enforcement Division for conveying the required information, 39 including electronic transmission or magnetic tapes in compatible 40 formats. 41 (5) An employer is authorized by this section to disclose the 42 information described in item (3) and is not liable to the employee

1 [4747] 270 1 for the disclosure or subsequent use by the Child Support 2 Enforcement Division of the information. 3 (6) Information received by the South Carolina Employment 4 Security Commission from employers which includes information 5 contained in the reports provided for in this section must be 6 transmitted to the Department of Social Services within fifteen 7 working days after the end of each quarter. 8 9 Article 11 10 11 Income Withholding to Enforce Child Support 12 13 Section 63-17-1410. As used in this article: 14 (1) ‘Arrearage’ means the total amount of unpaid support 15 obligations. 16 (2) ‘Court’ as used in this article means Family Court. 17 (3) ‘Delinquency’ means when a support payment owed by an 18 obligor pursuant to an order of support is overdue in an amount 19 equal to at least one month’s support obligation. 20 (4) ‘Income’ means any periodic form of payment to an 21 individual regardless of source including, but not limited to, 22 wages, salary, commission, bonuses, compensation as an 23 independent contractor, workers’ compensation, disability, annuity 24 and retirement benefits, payments made pursuant to a retirement 25 program, interest, and any other payments made by a person or an 26 agency or department of the federal, state, or local government 27 provided the income excludes: 28 (a) amounts required to by law to be withheld, other than 29 creditor claims, including, but not limited to, federal, state, and 30 local taxes, social security and other retirement deductions, and 31 disability contributions; 32 (b) amounts exempted by federal law; 33 (c) public assistance payments. 34 Any other state or local laws which limit or exempt income or 35 the amount or percentage of income that can be withheld do not 36 apply. 37 (5) ‘Obligee’ means an individual or the individual’s 38 assignee who is entitled to receive payments pursuant to an order 39 of support. 40 (6) ‘Obligor’ means an individual who is required to make 41 payments pursuant to order for support. 42 (7) ‘Order for support’ means any order of a court or an 43 administrative agency of competent jurisdiction which provides for

1 [4747] 271 1 periodic payments of funds for the support of a child or 2 maintenance of a spouse or former spouse and support of a child, 3 whether temporary or final, whether incidental to a proceeding for 4 divorce, separation, separate maintenance, paternity, guardianship, 5 or otherwise and includes any order providing for a modification 6 of support payment of an arrearage or reimbursement of support. 7 (8) ‘Payor’ means any payor of income to an obligor. For 8 purposes of this article, the South Carolina Employment Security 9 Commission is not considered to be a payor. 10 11 Section 63-17-1420. (A) For all Title IV-D cases in which 12 support orders are issued or modified after October 31, 1990, and 13 for all nontitle IV-D cases in which support orders are issued or 14 modified after January 3, 1994, the income of an obligor is subject 15 to immediate withholding as of the effective date of the order 16 without the requirement that an arrearage accumulate. However, 17 income is not subject to withholding if: 18 (1) one of the parties demonstrates and the court finds that 19 there is good cause not to require immediate income withholding; 20 or 21 (2) a written agreement is reached between both parties 22 which provides for an alternative arrangement. 23 (B) All orders for support entered or modified in the State 24 before October 1, 1996, if not otherwise subject to wage 25 withholding, are subject to withholding if a delinquency occurs 26 without the need for a judicial or administrative hearing. These 27 orders must be construed to contain this withholding provision 28 even if the provision has been omitted from the written order; 29 however, the court may order withholding to begin immediately 30 for good cause shown. The court is required to make specified 31 written findings to support immediate withholding. 32 (C) Income withholding must be initiated in all Title IV-D 33 cases upon the request of the obligee without the necessity of a 34 delinquency, if the State approves the request in accordance with 35 the procedures and standards as it may establish. If the obligee 36 requests income withholding pursuant to this section, notice of the 37 request must be provided to the obligor by the clerk of court, and if 38 the obligor objects to the income withholding within ten days after 39 the postmarked date of the notice, a hearing must be held, and the 40 family court shall subject the obligor’s income to withholding 41 unless the court finds that there is good cause not to require 42 immediate income withholding. Where there is no objection by

1 [4747] 272 1 the obligor after proper notice, the clerk of court shall implement 2 immediate income withholding. 3 4 Section 63-17-1430. (A) An obligor may petition the court at 5 any time prior to the occurrence of a delinquency seeking an order 6 for income withholding procedures to begin immediately. 7 (B) Where the obligor makes payments directly to the obligee 8 pursuant to an order for support and where income withholding 9 procedures take effect, the provisions to pay directly are 10 superseded by the withholding process and the obligor and the 11 payor on behalf of the obligor during the period of withholding 12 must pay this support through the court. 13 14 Section 63-17-1440. (A) If a delinquency occurs, the clerk of 15 court shall prepare, file, and serve on the obligor a verified notice 16 of delinquency within fifteen calendar days of the delinquency if 17 the obligor’s address is known or if the address is not known, 18 within fifteen calendar days of locating the obligor. If the obligor 19 makes payments pursuant to an order for support directly to the 20 obligee and the obligee seeks income withholding, the notice of 21 delinquency must be verified by the obligee and then served on the 22 obligor by the clerk of court as with any other notice of 23 delinquency. 24 (B) The verified notice of delinquency must be served on the 25 obligor by regular mail addressed to the obligor’s last known 26 address or place of employment. Upon mailing the notice, the 27 clerk of court shall file a certificate of mailing stating the name and 28 address to which the notice was mailed and the date on which it 29 was mailed. If service cannot be effected as set forth in this 30 section, the obligor may be served as prescribed for service in civil 31 actions. 32 (C) The notice of delinquency shall inform the obligor that a 33 delinquency has occurred and shall recite the monthly support 34 obligations of the obligor pursuant to the order of support, the total 35 amount of the arrearage as of the date of the notice, and the 36 amount of income to be withheld. The notice must clearly state 37 that a notice to withhold will be sent to the obligor’s current or 38 subsequent payor, income withholding will begin, and that a 39 judgment lien may be imposed against the obligor’s personal or 40 real property in the amount of the arrearage pursuant to Section 41 63-17-1600, unless the obligor files a petition to stay service in 42 accordance with Section 63-17-1450. 43

1 [4747] 273 1 Section 63-17-1450. (A) The obligor may prevent a notice to 2 withhold from being served on the obligor’s payor and prevent the 3 recording of the arrearage pursuant to Section 63-17-1600 by filing 4 a petition to stay service with the clerk of court with jurisdiction of 5 the matter within ten days of the date that the notice of 6 delinquency is postmarked; however, the grounds for granting the 7 petition to stay service are limited to a dispute concerning the 8 identity of the obligor or the existence or amount of the arrearage. 9 (B) Filing of a petition to stay service within the ten days 10 required under this section prohibits the clerk of court from serving 11 the notice to withhold on any payor of the obligor and prohibits the 12 recordation of the arrearage. 13 (C) If a petition to stay service is filed, a hearing on the petition 14 must be held within thirty days of its filing. The obligor, obligee, 15 and Department of Social Services, where appropriate, must be 16 notified by the clerk of court of the date, time, and place of the 17 hearing and the court must decide the matter, notify the obligor, 18 and enter an order granting or denying relief or amending the 19 notice of delinquency within forty-five days of the date the notice 20 of delinquency was mailed to the obligor. If the court finds that a 21 delinquency existed when the notice of delinquency was mailed, 22 the court shall order immediate service of the notice to withhold 23 and the arrearage may be recorded immediately pursuant to 24 Section 63-17-1600. The court shall inform the obligor of the time 25 frame within which withholding is to begin and shall provide the 26 obligor in writing with the information contained in the notice to 27 withhold to be served on the payor with respect to the withholding. 28 (D) Upon filing an affidavit with the court stating that a petition 29 to stay service was not timely filed because the notice of 30 delinquency was not received and that grounds exist for a petition 31 to stay service as stated in subsection (A), the obligor is permitted 32 to file a petition to withdraw the notice to withhold, terminate the 33 withholding procedures, and remove the judgment created by the 34 recording of the arrearage. Income withholding, however, may not 35 be interrupted unless the court enters an order granting the relief 36 sought by the obligor based on the limited grounds for a petition to 37 stay service. 38 39 Section 63-17-1460. (A) Fifteen days following the mailing of 40 the notice of the delinquency to the obligor and if no petition to 41 stay service has been filed, the clerk of court shall serve a notice to 42 withhold on the payor or its agent by regular mail and may record 43 the arrearage pursuant to Section 63-17-1600.

1 [4747] 274 1 (B) The notice to withhold shall: 2 (1) direct any payor to withhold at the obligor’s regularly 3 scheduled pay periods an amount which over the period of one 4 month would constitute one month’s support obligation plus 5 applicable fees pursuant to this article and costs as provided by 6 Section 63-3-370; 7 (2) direct any payor to withhold an additional amount 8 toward any arrearage until the arrearage is paid in full; however, 9 amounts to be withheld under this item and item (1) may not 10 exceed the limits set forth by the Federal Consumer Credit 11 Protection Act (15 USC Section 1673(b)); 12 (3) direct any payor to notify the clerk if health insurance is 13 available to the obligor for the benefit of children for whom child 14 support is being withheld; 15 (4) state the rights, responsibilities, and liabilities of the 16 payor under this article. 17 (C) The payor shall then deduct the designated amount 18 pursuant to the notice to withhold beginning no later than the next 19 regularly scheduled pay period following the pay period during 20 which the payor was served. Payors need not change their regular 21 payroll pattern and may combine all withheld amounts into one 22 check for a particular clerk of court with an itemized statement 23 showing accounts attributable to each obligor for each obligee. 24 For each instance of withholding of income, the payor is entitled to 25 receive a fee of up to three dollars to be deducted from the income 26 of the obligor in addition to the amounts withheld pursuant to the 27 notice to withhold unless the fee is waived by the payor. 28 (D) If there is more than one notice to withhold on a single 29 obligor, the payor must comply with the notices by withholding 30 the amounts designated in the notices to the extent possible 31 pursuant to the Federal Consumer Credit Protection Act (15 USC 32 Section 1673(b)). If the payor cannot fully comply with the 33 notices because the amounts to be withheld would exceed the 34 limits under the Federal Consumer Credit Protection Act, the payor 35 shall notify the court in writing as to its reasons for failing to fully 36 comply. Priority must be given to current support obligations. In 37 no case may the allocation result in a withholding for one of the 38 support obligations not being implemented. 39 (E) The employer shall promptly pay the amount withheld to 40 the centralized wage withholding system within seven working 41 days of the date income is withheld, in accordance with the notice 42 to withhold and in accordance with any subsequent notification

1 [4747] 275 1 received from the clerk of court concerning withholding. The 2 payor shall provide the date on which the income is withheld. 3 (F) Upon the records of the clerk of court reflecting the 4 satisfaction of an arrearage, the clerk of court shall serve upon the 5 payor by regular mail a notice of reduction of withholding. This 6 notice shall inform the payor that the arrearage has been satisfied 7 and to discontinue withholding the additional amount as prescribed 8 in item (2) of subsection (B). 9 (G) Within twenty days after the obligor is no longer employed 10 by the payor, the payor shall return a copy of the notice to 11 withhold to the clerk of court and shall notify the clerk of court in 12 writing of the date the obligor’s employment terminated, the date 13 of the obligor’s final paycheck, the obligor’s home address, and 14 obligor’s new employer and address, if known. 15 (H) Withholding of income from an obligor under this article 16 has priority over any other legal process under state law against the 17 same wages. Payment pursuant to a notice to withhold is a 18 complete defense by the payor against any claims of the obligor or 19 the obligor’s creditors as to the sum paid. 20 (I) No payor may discharge, refuse to hire, or otherwise 21 penalize any obligor because of the duty to withhold income. 22 (J) The responsibility of a payor who employs an obligor to 23 withhold support from the pay of the obligor ends when the 24 obligor leaves the employ of the payor. If this termination of 25 employment occurs during the middle of a pay period, the final 26 amount required to be withheld must be proportionately reduced in 27 the same percentage that the time worked has to the time of the full 28 pay period. 29 30 Section 63-17-1470. (A) The clerk of court may suspend 31 income withholding because of inability to deliver the income 32 withheld to the obligee due to the obligee’s failure to provide a 33 mailing address or other means of delivery. Upon relocating the 34 obligee and upon meeting the requirements of notice and service 35 pursuant to this article, income withholding must be reinstated. 36 (B) An obligor may petition the court at any time to terminate 37 income withholding pursuant to a notice to withhold: 38 (1) if there is no longer a current order for support and all 39 arrearages are paid; or 40 (2) if the obligor requests termination and withholding has 41 not been terminated previously and subsequently reinstated and the 42 obligor meets the conditions for an alternative arrangement.

1 [4747] 276 1 However, if termination is granted and subsequently a 2 delinquency occurs, the clerk of court shall reinstate withholding 3 procedures by complying with all requirements for notice and 4 service pursuant to this article. 5 (C) The clerk of court shall serve on the payor by regular mail a 6 copy of any order entered pursuant to this section or Section 7 63-17-1450(D) that affects the duties of the payor. If service 8 cannot be effected as set forth in this section, the payor may be 9 served as prescribed for service in civil actions. 10 (D) The notice to withhold continues to be binding upon the 11 payor until service of any order of the court entered under this 12 section or Section 63-17-1450(D) or until notice is served on the 13 payor by the clerk of court that the underlying order is, for other 14 reasons such as expiration of the support obligation, no longer in 15 effect. 16 17 Section 63-17-1480. An obligee who is receiving income 18 withholding payments under this article shall notify the clerk of 19 court of any change of address within seven days of the change. 20 21 Section 63-17-1490. An obligee who is a recipient of public aid 22 must send a copy of any notice of delinquency filed pursuant to 23 Section 63-17-1440 to the Division of Child Support of the South 24 Carolina Department of Social Services. 25 26 Section 63-17-1500. An obligor whose income is being 27 withheld or who has been served with a notice of delinquency 28 pursuant to this article shall notify the clerk of court of any new 29 payor and of the availability of health insurance for any children 30 for whom support is ordered within seven days after employment 31 commences. 32 33 Section 63-17-1510 If the Division of Child Support of the 34 Department of Social Services is notified by the South Carolina 35 Employment Security Commission in accordance with Section 36 41-35-140 that an obligor is receiving unemployment insurance 37 benefits, the division must notify the court for the intercept of 38 unemployment insurance benefits if a delinquency occurs and the 39 obligor’s case is a Title IV-D case. The intercept of 40 unemployment insurance benefits must be in accordance with 41 Section 41-35-140. 42

1 [4747] 277 1 Section 63-17-1520. Upon receiving any other support payment 2 including, but not limited to, a tax offset under federal or state law 3 or any payment toward an arrearage, the Department of Social 4 Services, within the time permitted by Title IV-D of the Social 5 Security Act, shall provide notice of the payment to the clerk of 6 court. 7 8 Section 63-17-1530. Any clerk of court who collects, receives, 9 or disburses payment pursuant to an order for support or a notice to 10 withhold shall maintain complete, accurate, and clear records of all 11 payments and their disbursements. Certified copies of payment 12 records maintained by the clerk of court must without further proof 13 be admitted into evidence in any legal proceedings in which child 14 support is an issue. 15 16 Section 63-17-1540. The Department of Social Services and 17 the Office of Court Administration shall design suggested legal 18 forms for proceeding under this article and shall make available to 19 the courts for distribution to parties in support actions these forms 20 and informational materials which describe the procedures and 21 remedies set forth in this article. 22 23 Section 63-17-1550. If a payor wilfully fails to withhold or pay 24 over income pursuant to a notice to withhold, the court upon notice 25 and hearing may enter judgment and direct the issuance of an 26 execution against the payor for the total amount that the payor 27 wilfully failed to withhold. A payor who wilfully refuses to hire or 28 who discharges or otherwise penalizes an obligor as prohibited by 29 Section 63-17-1460(I) or who fails to notify the clerk of the 30 availability of health insurance is subject to a civil fine not to 31 exceed five hundred dollars which may be imposed by the court in 32 its discretion. 33 34 Section 63-17-1560. If an obligor, obligee, or the Department 35 of Social Services wilfully initiates a false proceeding under this 36 article or wilfully fails to comply with the requirements of this 37 article, punishment for contempt may be imposed. 38 39 Section 63-17-1570. The rights, remedies, duties, and penalties 40 created by this article are in addition to any other rights, remedies, 41 duties, and penalties otherwise provided by law. 42

1 [4747] 278 1 Section 63-17-1580. (A) The department shall establish and 2 operate a centralized system for the collection and disbursement of 3 funds received from wage withholding under the Child Support 4 Enforcement program. Wage withholding subject to this provision 5 shall include: 6 (1) all wage withholding cases being enforced by the Child 7 Support Enforcement Division; 8 (2) all cases not being enforced by the Child Support 9 Enforcement Division in which the support order was initially 10 issued in the State on or after January 1, 1994, and in which the 11 income of the noncustodial parent is subject to withholding. 12 (B) Amounts collected through the centralized wage 13 withholding system are subject to the five percent court cost 14 pursuant to Section 63-3-370(C), with disposition of all these fees 15 made in accordance with Section 14-1-203. 16 (C) Employers shall make payment of the amount withheld to 17 the centralized system within seven working days of the date 18 income is withheld. 19 (D) The department shall, in compliance with federal 20 requirements, disburse child support funds received from 21 employers to the appropriate county clerk of court for 22 disbursement to the custodial parent. 23 24 Section 63-17-1590. The Office of Court Administration after 25 consultation with the Department of Social Services is authorized 26 to promulgate those regulations necessary to implement this 27 subarticle. 28 29 Section 63-17-1600. When a delinquency occurs as defined in 30 Section 63-17-1410, the obligor must be given notice pursuant to 31 Section 63-17-1440 of the proposed lien. Where no petition to 32 stay service is timely filed or where no relief is granted to the 33 obligor pursuant to Section 63-17-1450, the arrearage may be 34 recorded or provided for in Section 63-17-1460 in the appropriate 35 index in the office of the Clerk of Court or Register of Deeds. 36 Upon recordation the arrearage has the same force and effect as a 37 judgment and it is cumulative to the extent of any and all past due 38 support, until the arrearage is paid in full. The judgment may be 39 recorded in any county in which the obligor resides or in which he 40 owns real property by the filing of a transcript of judgment in that 41 county. A lien imposed pursuant to this section is not 42 dischargeable in bankruptcy. 43

1 [4747] 279 1 Article 13 2 3 Income Withholding to Enforce Support Obligations 4 on Income Earned Out-of-State 5 6 Section 63-17-1810. As used in this article: 7 (1) ‘Agency’ means the clerk of court of this State and, when 8 the context requires, means either the court or agency of any other 9 jurisdiction with functions similar to those defined in this chapter, 10 including the issuance and enforcement of support orders. 11 (2) ‘Child’ means any child, whether above or below the age of 12 majority, with respect to whom a support order exists. 13 (3) ‘Court’ means the family court of this State and, when the 14 context requires, means either the court or agency of any other 15 jurisdiction with functions similar to those defined in this chapter, 16 including the issuance and enforcement of support orders. 17 (4) ‘Income’ means any form of payment to an individual as 18 defined in Section 63-17-1410. 19 (5) ‘Income derived in this jurisdiction’ means any income, the 20 payor of which is subject to the jurisdiction of this State for the 21 purpose of imposing and enforcing income withholding under 22 (6) ‘Jurisdiction’ means any state or political subdivision, 23 territory, or possession of the United States, the District of 24 Columbia, and the Commonwealth of Puerto Rico. 25 (7) ‘Obligee’ means any person or entity which is entitled to 26 receive support under an order of support and includes an agency 27 of another jurisdiction to which a person has assigned his right to 28 support. 29 (8) ‘Obligor’ means any person required to make payments 30 under the term of a support order for a child, spouse, or former 31 spouse. 32 (9) ‘Payor’ means any payor of income. 33 Article 11. 34 (10) ‘Support order’ means an order of a court which provides 35 for periodic payments of funds for the support of a child or 36 maintenance of a spouse or former spouse and support of a child, 37 whether temporary or final, whether incidental to a proceeding for 38 divorce, separation, separate maintenance, paternity, guardianship, 39 or otherwise and includes an order providing modification of 40 support payment of an arrearage or reimbursement of support. 41 42 Section 63-17-1820. The remedy provided in this article is in 43 addition to, and not in substitution for, any other remedy otherwise

1 [4747] 280 1 available to enforce a support order of another jurisdiction. Relief 2 under this article may not be denied, delayed, or otherwise affected 3 because of the availability of other remedies, nor may relief under 4 any other statute be delayed or denied because of the availability of 5 this remedy. 6 7 Section 63-17-1830. On behalf of any obligee for whom the 8 clerk of court is already providing services, or on application of a 9 resident of this State, an obligee or obligor of a support order 10 issued by this State, or an agency to whom the obligee has 11 assigned support rights, the clerk of court shall promptly request 12 the agency of another jurisdiction in which the obligor of a support 13 order derives income to enter the order for the purpose of 14 obtaining income withholding against the income. The clerk of 15 court shall compile and transmit promptly to the agency of the 16 other jurisdiction all documentation required to enter a support 17 order for this purpose. The clerk of court also shall transmit 18 immediately to the agency of the other jurisdiction a certified copy 19 of any subsequent modifications of the support order. If the clerk 20 of court receives notice that the obligor is contesting income 21 withholding in another jurisdiction, it shall immediately notify the 22 individual obligee of the date, time, and place of the hearings and 23 of the obligee’s right to attend. 24 25 Section 63-17-1840. (A) Upon receiving a support order of 26 another jurisdiction with the documentation specified in subsection 27 (B) of this section from an agency of another jurisdiction an 28 obligee, an obligor, or an attorney for either, the clerk of court 29 shall enter this order. 30 (B) The following documentation is required for the entry of a 31 support order of another jurisdiction: 32 (1) a certified copy of the support order with all 33 modifications; 34 (2) a certified copy of an income withholding order, if any, 35 still in effect; 36 (3) a copy of the portion of the income withholding statute 37 of the jurisdiction which issued the support order which states the 38 requirements for obtaining income withholding under the law of 39 that jurisdiction; 40 (4) a sworn statement of the obligee or certified statement of 41 the agency of the arrearages and the assignment of support rights, 42 if any; 43 (5) a statement of:

1 [4747] 281 1 (a) the name, address, and social security number of the 2 obligor, if known; 3 (b) the name and address of the obligor’s employer or of 4 any other source of income of the obligor derived in this State 5 against which income withholding is sought; 6 (c) the name and address of the agency or person to whom 7 support payments collected by income withholding must be 8 transmitted. 9 (C) If the documentation received by the clerk of court under 10 subsection (A) of this section does not conform to the requirements 11 of subsection (B) of this section, the clerk of court shall remedy 12 any defect which it can without the assistance of the requesting 13 agency or person. If the clerk of court is unable to make such 14 corrections, the requesting agency, or person, shall immediately be 15 notified of the necessary additions or corrections. The clerk of 16 court shall accept the documentation required by subsections (A) 17 and (B) of this section even if it is not in the usual form required 18 by state or local rules, so long as the substantive requirements of 19 these subsections are met. 20 (D) A support order entered under subsection (A) of this 21 section is enforceable by income withholding against income 22 derived in this State in the manner and with the effect as set forth 23 in Sections 63-17-1850 through 63-17-1920 and in Article 11. 24 Entry of the order does not confer jurisdiction on the courts of this 25 State for any purpose other than income withholding. 26 27 Section 63-17-1850. (A) On the date a support order is entered 28 pursuant to Section 63-17-1840, the clerk of court shall serve upon 29 the obligor, in accordance with Section 63-17-1440, a verified 30 notice of delinquency. The notice shall also advise the obligor that 31 the income withholding was requested on the basis of a support 32 order of another jurisdiction. 33 (B) If the obligor seeks a hearing to contest the proposed 34 income withholding the clerk of court shall immediately notify the 35 requesting agency and the Department of Social Services when the 36 request for withholding was from an agency, the obligee, obligor, 37 or an attorney for either of the date, time, and place of the hearing 38 and of the obligee’s right to attend the hearing. 39 40 Section 63-17-1860. (A) At any hearing contesting proposed 41 income withholding based on a support order entered under 42 Section 63-17-1840, the entered order, accompanying sworn or 43 certified statement, and a certified copy of an order for

1 [4747] 282 1 withholding, if any, still in effect constitutes prima facie proof, 2 without further proof or foundation, that the support order is valid, 3 that the amount of current support payments and arrearages is as 4 stated, and that the obligee is entitled to income withholding under 5 the law of the jurisdiction which issued the support order. 6 (B) Once a prima facie case is established, the grounds that 7 may be raised by an obligor to contest the withholding are limited 8 to dispute concerning the identity of the obligor or the existence or 9 amount of the arrearage. The burden is on the obligor to establish 10 these defenses. The burden is on the obligor to establish these 11 defenses. 12 (C) If the obligor presents evidence which constitutes a full or 13 partial defense, the court shall, on the request of the obligee, 14 continue the case to permit further evidence relative to the defense 15 to be adduced by either party but if the obligor acknowledges 16 liability sufficient to entitle the obligee to income withholding, the 17 court shall require income withholding for the payment of current 18 support payments under the support order and of so much of any 19 arrearage as is not in dispute, while continuing the case with 20 respect to those matters still in dispute. The court shall determine 21 those matters still in dispute as soon as possible, and if appropriate 22 shall modify the withholding order to conform to that resolution 23 but may not modify the underlying support order. 24 (D) In addition to other procedural devices available to a party, 25 any party to the proceeding or a guardian ad litem or other 26 representative of the child may adduce testimony of witnesses in 27 another state, including the parties and any of the children, by 28 deposition, by written discovery, by photographic discovery such 29 as videotaped depositions, or by personal appearance before the 30 court by telephone or photographic means. The court on its own 31 motion may direct that the testimony of a person be taken in 32 another state and may prescribe the manner in which and the terms 33 upon which the testimony must be taken. 34 (E) A court of this State may request the appropriate court or 35 agency of another state to hold a hearing to adduce evidence, to 36 permit a deposition to be taken before the court or agency, to order 37 a party to produce or give evidence under other procedures of that 38 state, and to forward to the court of this State certified copies of 39 the evidence adduced in compliance with the request. 40 (F) Upon request of a court or agency of another state the 41 family courts of this State may order a person in this State to 42 appear at a hearing or deposition before the court to adduce 43 evidence or to produce or give evidence under other procedures

1 [4747] 283 1 available in this State. A certified copy of the evidence adduced, 2 such as a transcript or videotape, must be forwarded by the clerk of 3 the court to the requesting court or agency. 4 (G) A person within this State may voluntarily testify by 5 statement or affidavit in this State for use in a proceeding to obtain 6 income withholding outside this State. 7 8 Section 63-17-1870. If the obligor does not request a hearing in 9 the time provided, or if a hearing is held and it is determined that 10 the obligee has or is entitled to income withholding under the local 11 law of the jurisdiction which issued the support order, the clerk of 12 court shall issue a notice to withhold under Section 63-17-1450. 13 The clerk of court shall notify the requesting agency or person of 14 the date upon which withholding must begin. 15 16 Section 63-17-1880. The provisions of Sections 63-17-1430, 17 63-17-1440, 63-17-1450, 63-17-1460, 63-17-1470(A), (C), and 18 (D), and 63-17-1510 apply to income withholding based on a 19 support order of another jurisdiction entered under this article and 20 under Articles 11 and 15. 21 22 Section 63-17-1890. (A) The notice to withhold shall direct 23 payment to be made to the clerk of court. The clerk of court shall 24 promptly transmit payments received pursuant to an order to 25 withhold based on a support order of another jurisdiction entered 26 under this article and under Articles 11 and 15 to the agency or 27 person designated in subitem (c) of item (5) of subsection (B) of 28 Section 63-17-1840. 29 (B) A support order entered pursuant to Section 63-17-1840 30 does not nullify and is not nullified by a support order made by a 31 court of this State pursuant to any other law or by a support order 32 made by a court of any other state. Amounts collected by any 33 withholding of income must be credited against the amounts 34 accruing or accrued for any period under any support orders issued 35 either by this State or by a sister state. 36 37 Section 63-17-1900. (A) The clerk of court, upon receiving a 38 certified copy of any amendment or modification to a support 39 order entered pursuant to Section 63-17-1840, shall initiate, as 40 though it were a support order of this State, necessary procedures 41 to amend or modify the order to withhold of this State which was 42 based upon the entered support order. The court shall amend or

1 [4747] 284 1 modify the order to withhold to conform to the modified support 2 order. 3 (B) If the clerk of court determines that the obligor has 4 obtained employment in another state or has a new or additional 5 source of income in another state, he shall notify the agency which 6 requested the income withholding of the changes and shall forward 7 to that agency all information it has or can obtain with respect to 8 the obligor’s new address and the name and address of the 9 obligor’s new employer or other source of income. The clerk of 10 court shall include with the notice a certified copy of the order to 11 withhold in effect in this State. 12 13 Section 63-17-1910. Any person who is the obligor on a 14 support order of another jurisdiction may obtain voluntary income 15 withholding by filing with the clerk of court a request for 16 withholding and a certified copy of the support order of a sister 17 state. The clerk of court shall issue a notice to withhold under 18 Section 63-17-1450(B). Payment must be made to the clerk of 19 court. 20 21 Section 63-17-1920. (A) The law of this State shall apply in all 22 actions and proceedings concerning the issuance, enforcement, and 23 duration of orders to withhold issued by a court of this State, 24 which is based upon a support order of another jurisdiction entered 25 pursuant to Section 63-17-1830, except as provided in subsections 26 (B) and (C) of this section. 27 (B) The law of the jurisdiction which issued the support order 28 shall govern the following: 29 (1) the interpretation of the support order entered under 30 Section 63-17-1840, including amount, form of payment, and the 31 duration of support; 32 (2) the amount of support arrearages necessary to require the 33 issuance of an order to withhold; 34 (3) the definition of what costs, in addition to the periodic 35 support obligation, are included as arrearages which are 36 enforceable by income withholding, including but not limited to 37 interest, attorney’s fees, court costs, and costs of paternity testing. 38 (C) The court in this State may impose its costs as allowed by 39 law. 40 41 Article 15 42 43 Medical Child Support and Income Withholding

1 [4747] 285 1 2 Section 63-17-2110. To be enforced pursuant to this article, a 3 court order which requires a parent to provide health coverage for 4 a child must: 5 (1) clearly specify: 6 (a) the name, social security number, and last known 7 mailing address, if any, of the parent and the name, social security 8 number, date of birth, and mailing address of each child covered 9 by the order; 10 (b) a reasonable description of the type of coverage to be 11 provided by the plan to each child or the manner in which the type 12 of coverage is to be determined; 13 (c) the period to which the order applies; 14 (d) each plan to which the order applies; and 15 (2) not require a plan to provide a type or form of benefit or an 16 option, not otherwise provided under the plan, except to the extent 17 necessary to meet the requirements of this article. 18 19 Section 63-17-2120. If a court order requiring a parent to 20 provide health coverage to a child is received by an employer or a 21 health insurer, including a group health plan as defined in Section 22 607(1) of the Employee Retirement Income Security Act of 1974 23 or health maintenance organization as defined in Section 38-33-20: 24 (1) the employer or health insurer promptly shall notify the 25 parent and each child of the receipt of the order and the employer’s 26 or insurer’s procedures for determining whether the order is 27 covered by this article; 28 (2) within a reasonable period after receipt of the order, the 29 employer or insurer shall determine whether the order is covered 30 by this article and notify the parent and each child of the 31 determination; 32 (3) shall establish reasonable procedures to determine whether 33 the order is covered by this article and to administer the provision 34 of benefits under qualified orders. The procedures must: 35 (a) be in writing; 36 (b) provide for the notification of each person specified in 37 the order as eligible to receive benefits, at the address included in 38 the order, of these procedures promptly upon receipt by the 39 employer or insurer of the order; and 40 (c) permit the court or the child’s legal guardian to designate 41 a representative for receipt of copies of notices that are sent with 42 respect to a medical child support order. 43

1 [4747] 286 1 Section 63-17-2130. (A) If a parent is required by a court 2 order to provide health coverage for a child and the parent is 3 eligible for family health coverage through an employer in this 4 State, notice and a copy of the order must be sent to the employer. 5 The notice and copy of the order may be sent by first class mail. 6 The notice must explain all of the employer’s legal obligations 7 under this article. In cases enforced by the Child Support 8 Enforcement Division of the Department of Social Services, the 9 division shall use the National Medical Support Notice 10 promulgated by the federal Office of Child Support Enforcement. 11 Upon receipt of notice and the order, the employer shall: 12 (1) permit the parent to enroll, under the family coverage, a 13 child who is otherwise eligible for the coverage without regard to 14 any enrollment season restrictions; 15 (2) if the parent is enrolled but fails to make application to 16 obtain coverage for the child, enroll the child under family 17 coverage upon application of: 18 (a) the child’s other parent; 19 (b) the state agency administering the Medicaid program; 20 or 21 (c) the state agency administering 42 USC Sections 651 to 22 669, the child support enforcement program; and 23 (3) continue coverage of the child unless the employer: 24 (a) is provided satisfactory written evidence that the court 25 order is no longer in effect or that the child is or will be enrolled in 26 comparable health coverage through another insurer which will 27 take effect not later than the effective date of disenrollment; or 28 (b) has eliminated family health coverage for all of its 29 employees. 30 (B) An employer who has received a copy of a court order 31 pursuant to this section is bound by the order until further notice 32 by the court. The employer shall notify the court within twenty 33 days after the parent named in the order is no longer employed and 34 shall provide the parent’s last known address and the name and 35 address of the parent’s new employer, if known. 36 37 Section 63-17-2140. (A) If a court order requires a parent to 38 provide and maintain health coverage for a child and the parent is 39 eligible for family health coverage through an employer, the order 40 shall include a provision directing the employer to withhold from 41 money, income, or periodic earnings due the parent an amount 42 which is sufficient to provide for premiums for the health coverage 43 offered through the employer unless:

1 [4747] 287 1 (1) the court finds that under regulations promulgated by the 2 Secretary of the Department of Health and Human Services, 3 circumstances exist warranting withholding less than the 4 employee’s share of the premiums; or 5 (2) the amount withheld exceeds the maximum amount 6 permitted to be withheld under the federal Consumer Credit 7 Protection Act. 8 (B) Income withholding takes effect immediately upon 9 completion of enrollment requirements. 10 11 Section 63-17-2150. Within thirty days after receipt of an order 12 requiring the obligated parent to provide health care coverage for a 13 child, the parent or employer must provide the child’s other parent 14 written proof that the insurance has been obtained or that an 15 application for insurance has been made. Proof of insurance 16 coverage consists of, at a minimum: 17 (1) the name of the insurer; 18 (2) the policy number; 19 (3) an insurance card; 20 (4) the address to which claims must be mailed; 21 (5) a description of any restriction on usage including, but not 22 limited to, prior approval for hospital admission and the manner in 23 which to obtain prior approval; 24 (6) description of all deductibles; 25 (7) five copies of claim forms. 26 27 Section 63-17-2160. (A) A court order which requires income 28 withholding pursuant to this article has priority over all other legal 29 processes under state law against money, income, or periodic 30 earnings of the noncustodial parent except an order of income 31 withholding for child support. 32 (B) A person under a court order to provide and maintain health 33 care coverage as of July 1, 1994, is subject to the income 34 withholding for health coverage provisions of this article. The 35 only ground to contest an order of income withholding for health 36 coverage is a mistake of fact. If the person contests the 37 withholding because of a mistake of fact, the court shall provide 38 the person an opportunity to present his or her case. The court 39 shall determine whether to order withholding and shall notify the 40 person of the determination and, if appropriate, the time period in 41 which withholding will commence. 42

1 [4747] 288 1 Section 63-17-2170. (A) To the extent necessary to reimburse 2 the state agency administering the Medicaid program for 3 expenditures on behalf of a child, the agency may petition the 4 court seeking withholding of employment income or state tax 5 refunds from a person who: 6 (1) is required by a court order to provide and maintain health 7 coverage for a child who is eligible for medical assistance under a 8 State Plan for Medical Assistance pursuant to Title XIX of the 9 Social Security Act; 10 (2) has received payment from a third party for the costs of 11 health care items or services; and 12 (3) has not used the payment to reimburse, as appropriate, 13 either the other parent or guardian of the child or the provider of 14 the items or services. 15 (B) Claims for current or past due child support take priority 16 over claims filed pursuant to this section. 17 18 Section 63-17-2180. An employer is prohibited from 19 discharging, refusing to employ, or taking other disciplinary action 20 against a person because of an income withholding order for health 21 coverage. The person has the burden of proving that income 22 withholding for health coverage was the sole reason for the 23 employer’s action. 24 25 Section 63-17-2190. An employer or insurer who violates any 26 provision of this article is subject to the contempt power of the 27 court issuing the order and may be fined up to fifty dollars per day. 28 29 Article 17 30 31 Child Support Enforcement 32 Through Data Financial Institution Matches 33 34 Section 63-17-2310. (A) The Department of Social Services 35 shall attempt to locate individuals for the purposes of establishing 36 paternity or establishing, modifying, or enforcing a child support 37 obligation. Notwithstanding any other provision of law making 38 this information confidential, the following entities in the State 39 shall provide promptly to the department, its designee, or a 40 federally-approved child support agency of another state, the 41 following information, upon request by the department or other 42 agency for the purpose of establishing paternity or establishing, 43 modifying, or enforcing a support obligation:

1 [4747] 289 1 (1) All entities in the State including, but not limited to, 2 for-profit, nonprofit and governmental employers, and labor 3 organizations shall provide the full name, social security number, 4 or the alien identification number assigned to a resident alien who 5 does not have a social security number, date of birth, home 6 address, wages or salary, existing or available medical, hospital, 7 and dental insurance coverage, and number of dependents listed 8 for tax purposes on all employees, contractors, and members of 9 labor organizations. 10 (2) All utility companies, including wire and nonwire 11 telecommunication companies, cable television companies, and 12 financial institutions shall provide the full name, social security 13 number, or the alien identification number assigned to a resident 14 alien who does not have a social security number, date of birth, 15 home address, telephone number, account numbers, and other 16 identifying data, including information on assets and liabilities, on 17 all persons who maintain an account with that entity. For purposes 18 of this item, a financial institution is defined as a federal, state, 19 commercial, or savings bank, savings and loan association, 20 cooperative bank, federal, or state chartered credit union, benefit 21 association, insurance company, safe deposit company, money 22 market mutual fund, or investment company doing business in this 23 State. 24 (3) A state or local agency of this State shall provide access 25 to information contained in these records: 26 (a) vital statistics; 27 (b) state and local tax and revenue records; 28 (c) records concerning real and titled property; 29 (d) records of occupational and professional licenses; 30 (e) records concerning the ownership and control of 31 corporations, partnerships, and other business entities; 32 (f) employment security records; 33 (g) records of motor vehicle departments; and 34 (h) corrections records. 35 A state or local agency, board, or commission which provides 36 this information to the department may not charge the department 37 a fee for providing the information; however, a commission that 38 receives federal grants, the use of which are restricted, may charge 39 a fee for providing the information. 40 (B) An entity that provides information pursuant to this section 41 in good faith reliance upon certification by the department that the 42 information is needed to establish paternity or to establish, modify,

1 [4747] 290 1 or enforce a support obligation is not liable for damages resulting 2 from the disclosure. 3 (C) An entity that fails to provide the requested information 4 within thirty days of the request may be subject to a civil penalty 5 of one hundred dollars for each occurrence. Fines imposed 6 pursuant to this subsection must be enforced as provided for in 7 Section 63-3-530(43) and distributed according to Section 8 63-17-520. 9 10 Section 63-17-2320. (A) In the manner and form prescribed by 11 the Child Support Enforcement Division, a financial institution, as 12 defined in Section 63-17-2310(A)(2), on a quarterly basis, shall 13 provide the division or its designee information on account holders 14 for use in the establishment, enforcement, and collection of child 15 support obligations including, but not limited to: 16 (1) full name; 17 (2) social security number or taxpayer identification number, 18 or the alien identification number assigned to a resident alien who 19 does not have a social security number; 20 (3) record address; 21 (4) account numbers; and 22 (5) information on assets and liabilities. 23 (B) Utilizing automated data exchanges to the maximum extent 24 feasible, a financial institution shall provide for each calendar 25 quarter the name, address, social security number, or the alien 26 identification number assigned to a resident alien who does not 27 have a social security number, and other identifying information 28 for each noncustodial parent who maintains an account at the 29 institution and who owes past-due support, as identified by the 30 division by name and social security number, or the alien 31 identification number assigned to a resident alien who does not 32 have a social security number. 33 (C) In response to a notice of lien or levy, a financial institution 34 shall encumber or surrender, as the case may be, assets held by the 35 institution on behalf of a noncustodial parent who is subject to a 36 child support lien. 37 (D) The department shall pay a reasonable fee to a financial 38 institution for conducting the data match, not to exceed the actual 39 costs incurred by the financial institution. 40 (E) This section remains in effect until the federal mandate 41 requiring the operation of a financial institution data match is 42 repealed. 43

1 [4747] 291 1 Section 63-17-2330. (A) Notwithstanding any other provision 2 of federal or state law, a financial institution, as defined in Section 3 63-17-2310(A)(2), is not liable to a person for disclosure of 4 information to the Department of Social Services, its designee, or 5 the department’s or designee’s employees under Section 6 63-17-2320 for encumbering or surrendering any deposits, credits, 7 or other personal property in response to a notice of lien or levy by 8 the department, or its designee, or for any other action taken in 9 good faith to comply with the requirements of Sections 10 63-17-2310 and 63-17-2320. 11 (B) Upon obtaining a financial record of an individual from a 12 financial institution pursuant to Sections 63-17-2310 and 13 63-17-2320, the department, its designee, or the department’s or 14 designee’s employees may disclose the financial record only for 15 the purpose of, and to the extent necessary in, establishing, 16 modifying, or enforcing a child support obligation of the 17 individual. 18 (C) If the department, its designee, or the department’s or 19 designee’s employees knowingly or by reason of negligence 20 disclose a financial record of an individual in violation of 21 subsection (B), the individual whose records were disclosed may 22 bring a civil action for damages against the department, its 23 designee, or the department’s or designee’s employees in a district 24 court of the United States. 25 (D) No liability arises under subsection (C) with respect to any 26 disclosure which results from a good faith but erroneous 27 interpretation of subsection (B). 28 (E) In an action brought under subsection (C), upon a finding 29 of liability on the part of the defendant, the defendant is liable to 30 the plaintiff in an amount equal to the sum of: 31 (1) the greater of: 32 (a) one thousand dollars for each act of unauthorized 33 disclosure of a financial record with respect to which the defendant 34 is found liable; or 35 (b) the sum of: 36 (i) the actual damages sustained by the plaintiff as a 37 result of the unauthorized disclosure; and 38 (ii) in the case of a wilful disclosure or a disclosure 39 which is the result of gross negligence, punitive damages; and 40 (2) the costs, including attorney fees, of the action. 41 42 Article 19 43

1 [4747] 292 1 Credit Reporting of Child Support Arrearages 2 3 Section 63-17-2510. (A) The Department of Social Services 4 shall provide consumer credit reporting agencies an automated 5 monthly report of obligors in Title IV-D cases who have an 6 arrearage in an amount of one thousand dollars or greater. 7 (B) The department shall establish procedures for notice and an 8 opportunity for a review for obligors who contest the submission 9 to the consumer credit reporting agency. The procedures shall 10 limit the review to a dispute concerning the identity of the obligor 11 or the existence or amount of the arrearage. 12 13 Article 21 14 15 Child Support Arrearage Liens 16 17 Section 63-17-2710. A child support obligation which is unpaid 18 in an amount equal to or greater than one thousand dollars, as of 19 the date on which it was due, is a lien in favor of the obligee in an 20 amount sufficient to satisfy unpaid child support, whether the 21 amount due is a fixed sum or is accruing periodically. An amount 22 of restitution established by the Department of Social Services, 23 Child Support Enforcement Division, or its designee (division) or 24 the family court is due and payable as of the date the amount is 25 established. The lien shall incorporate any unpaid child support 26 which may accrue in the future and does not terminate except as 27 provided in Section 63-17-2730. Upon recordation or registration 28 in accordance with Section 63-17-2730, the lien shall encumber all 29 tangible and intangible property, whether real or personal, and an 30 interest in property, whether legal or equitable, belonging to the 31 obligor. An interest in property acquired by the obligor after the 32 child support lien arises is subject to the lien, subject to the 33 limitations provided in Section 63-17-2730. 34 35 Section 63-17-2720. When the division determines that child 36 support is unpaid in an amount equal to or greater than one 37 thousand dollars, it shall send written notice to the obligor by 38 first-class mail to the obligor’s last known address, as filed with 39 the tribunal pursuant to Section 63-17-450. The notice shall 40 specify the amount unpaid as of the date of the notice or other date 41 certain and the right of the obligor to request an administrative 42 review by filing a written request with the division within thirty 43 days of the date of the notice. If the obligor files a timely written

1 [4747] 293 1 request for an administrative review, the division shall conduct the 2 review within thirty days of receiving the request. 3 4 Section 63-17-2730. (A)(1) The division shall file notice of a 5 lien with respect to real property with the register of deeds for any 6 county in the State where the obligor owns property. The social 7 security number, or the alien identification number assigned to a 8 resident alien who does not have a social security number, of the 9 obligor must be noted on the notice of the lien. The filing operates 10 to perfect a lien when recorded, as to any interest in real property 11 owned by the obligor that is located in the county where the lien is 12 recorded. Liens created under this section must be maintained by 13 the register of deeds of each county of the State, in accordance 14 with established local procedures for recordation. If the obligor 15 subsequently acquires an interest in real property, the lien is 16 perfected upon the recording of the instrument by which the 17 interest is obtained in the register of deeds where the notice of the 18 lien was filed within six years prior thereto. A child support lien is 19 perfected as to real property when both the notice thereof and a 20 deed or other instrument in the name of the obligor are on file in 21 the register of deeds for the county where the obligor owns 22 property without respect to whether the lien or the deed or other 23 instrument was recorded first. 24 (2) The division also shall file notice of a child support lien, 25 with the social security number, or the alien identification number 26 assigned to a resident alien who does not have a social security 27 number, of the obligor on the notice, with respect to personal 28 property with the Department of Natural Resources, a county, or 29 other office or agency responsible for the filing or recording of 30 liens. The filing of a notice of a lien or of a waiver or release of a 31 lien must be received and registered or recorded without payment 32 of a fee. The division may file notice of a lien or waiver or release 33 of a lien or may transmit information to or receive information 34 from any registry of deeds or other office or agency responsible for 35 the filing or recording of liens by any means, including electronic 36 means. Any lien placed against a vehicle with a title issued by the 37 Department of Motor Vehicles is not perfected until notation of the 38 lien is recorded on the vehicle’s title by the Department of Motor 39 Vehicles. No fee is required to reissue this title. The perfected 40 lien is not subordinate to a recorded lien except a lien that has been 41 perfected before the date on which the child support lien was 42 perfected. The division, upon request of the obligor, may 43 subordinate the child support lien to a subsequently perfected

1 [4747] 294 1 mortgage. To assist in the collection of a debt by the division, the 2 division may disclose the name of an obligor against whom a lien 3 has arisen and other identifying information including the 4 existence of the lien and the amount of the outstanding obligation. 5 (B) The lien expires upon termination of a current child support 6 obligation and payment in full of unpaid child support or upon 7 release of the lien by the division. In any event, a lien under this 8 section expires six years from the date on which the lien was first 9 perfected. The lien may be extended for additional periods of six 10 years each by recording, during the fifth year of the lien, a further 11 notice of the lien, as provided in subsection (A), without affecting 12 the priority of the lien. Expiration of the lien does not terminate 13 the underlying order or judgment of child support. The division 14 may issue a full or partial waiver of a lien imposed under this 15 section. The waiver or release is conclusive evidence that the lien 16 upon the property covered by the waiver or release is extinguished. 17 18 Section 63-17-2740. (A) If an obligor against whom a lien has 19 arisen and has been perfected under Section 63-17-2730 neglects 20 or refuses to pay the sum due after the expiration of the thirty-day 21 notice period specified in Section 63-17-2720, the division may 22 collect the unpaid child support and levy upon all property as 23 provided in this section. For the purposes of this section, ‘levy’ 24 includes the power of distraint and seizure by any means. A 25 person in possession of property upon which a lien having priority 26 under Section 63-17-2730 has been perfected, upon demand, shall 27 surrender the property to the division as pursuant to this section. 28 Financial institutions which hold assets of an obligor, after proper 29 identification and notification by the division, shall encumber or 30 surrender deposits, credits, or other personal property held by the 31 institution on behalf of an obligor who is subject to a child support 32 lien, pursuant to Section 63-17-2320. Financial institutions are 33 allowed to either submit account information directly to the State 34 where it is matched against the parent data base, or financial 35 institutions may request a file and complete the comparison and 36 submit it directly to the State. The social security number must be 37 used for the matching process and not the full name of the person 38 who maintains an account with that entity. A levy on property 39 held by an organization with respect to a life insurance or 40 endowment contract, without necessity for the surrender of the 41 contract document, constitutes a demand by the division for 42 payment of the amount of the lien and the exercise of the right of 43 the obligor to the advance of the amount. The organization shall

1 [4747] 295 1 pay the amount ninety days after service of the notice of levy. The 2 levy is considered satisfied if the organization pays over to the 3 division the full amount which the obligor could have had 4 advanced to him, if the amount does not exceed the amount of the 5 lien. Whenever any property upon which levy has been made is 6 not sufficient to satisfy the claim of the state for which levy is 7 made, the division thereafter, as often as may be necessary, 8 proceed to levy, without further notice, upon any other property of 9 the obligor subject to levy upon first perfecting its lien as provided 10 in Section 63-17-2730, until the amount due from the obligor and 11 the expenses are fully paid. With respect to a seizure or levy of 12 real property or tangible personal property, the sheriff shall 13 proceed in the manner prescribed by Sections 15-39-610, et seq., 14 insofar as these sections are not inconsistent with this article. The 15 division has rights to property remaining after satisfying superior 16 perfected liens, as provided in Section 63-17-2730. 17 (B) Upon demand by the division, a person who fails or refuses 18 to surrender property subject to levy pursuant to this section is 19 liable in his own person and estate to the State in a sum equal to 20 the value of the property not so surrendered but not exceeding the 21 amount of the lien, and the costs at the rate established by Section 22 23-19-10. 23 (C) A person in possession of, or obligated with respect to, 24 property who, upon demand by the division, surrenders the 25 property or discharges the obligations to the division or who pays a 26 liability under this article, must be discharged from any obligation 27 or liability to the obligor arising from the surrender or payment. A 28 levy on an organization with respect to a life insurance or 29 endowment contract which is satisfied pursuant to this article, 30 discharges the organization from any obligation or liability to any 31 beneficiary arising from the surrender or payment. 32 33 Section 63-17-2750. The division shall send timely written 34 notice to the obligor by first-class mail of any action taken to 35 perfect a lien, execute a levy, or seize any property. The notice 36 shall specify the amount due, the steps to be followed to release 37 the property so placed under lien, levied, or seized, and the time 38 period within which to respond to the notice and shall include the 39 name of the court or administrative agency of competent 40 jurisdiction which entered the child support order. 41 42 Section 63-17-2760. A person aggrieved by a determination of 43 the division pursuant to Section 63-17-2720, upon exhaustion of

1 [4747] 296 1 the procedures for administrative review, may seek judicial review 2 in the court where the order or judgment was issued or registered. 3 Commencement of the review shall not stay enforcement of child 4 support. The court may review the proceedings taken by the 5 division pursuant to this section and may correct any mistakes of 6 fact; however, the court may not reduce or retroactively modify 7 child support arrears. 8 9 Section 63-17-2770. A child support enforcement agency in a 10 jurisdiction outside this State may request the division to enforce a 11 child support order issued by a court or administrative agency in 12 another jurisdiction or a lien arising under the law of another 13 jurisdiction. The order or lien must be accorded full faith and 14 credit and the order or lien must be enforced as if the order was 15 issued or the lien arose in South Carolina, without the necessity of 16 registering the order with the court. 17 18 Section 63-17-2780. The division is authorized to promulgate 19 rules and regulations, if necessary, to implement the provision of 20 this section. 21 22 Article 23 23 24 Uniform Interstate Family Support Act 25 26 Part I 27 28 General Provisions 29 30 Section 63-17-2900. This act may be cited as the ‘Uniform 31 Interstate Family Support Act’. 32 33 Section 63-17-2910. In this article: 34 (1) ‘Child’ means an individual, whether over or under the age 35 of majority, who is or is alleged to be owed a duty of support by 36 the individual’s parent or who is or is alleged to be the beneficiary 37 of a support order directed to the parent. 38 (2) ‘Child-support order’ means a support order for a child, 39 including a child who has attained the age of majority under the 40 law of the issuing state. 41 (3) ‘Duty of support’ means an obligation imposed or 42 imposable by law to provide support for a child, spouse, or former 43 spouse, including an unsatisfied obligation to provide support.

1 [4747] 297 1 (4) ‘Home state’ means the state in which a child lived with a 2 parent or a person acting as parent for at least six consecutive 3 months immediately preceding the time of filing of a petition or 4 comparable pleading for support and, if a child is less than six 5 months old, the state in which the child lived from birth with any 6 of them. A period of temporary absence of any of them is counted 7 as part of the six-month or other period. 8 (5) ‘Income’ includes earnings or other periodic entitlements to 9 money from any source and any other property subject to 10 withholding for support under the law of this State. 11 (6) ‘Income-withholding order’ means an order or other legal 12 process directed to an obligor’s employer or other debtor, as 13 provided for in Articles 11, 13, and 15, to withhold support from 14 the income of the obligor. 15 (7) ‘Initiating state’ means a state from which a proceeding is 16 forwarded or in which a proceeding is filed for forwarding to a 17 responding state under this article or a law or procedure 18 substantially similar to this article. 19 (8) ‘Initiating tribunal’ means the authorized tribunal in an 20 initiating state. 21 (9) ‘Issuing state’ means the state in which a tribunal issues a 22 support order or renders a judgment determining parentage. 23 (10) ‘Issuing tribunal’ means the tribunal that issues a support 24 order or renders a judgment determining parentage. 25 (11) ‘Law’ includes decisional and statutory law and rules and 26 regulations having the force of law. 27 (12) ‘Obligee’ means: 28 (a) an individual to whom a duty of support is or is alleged 29 to be owed or in whose favor a support order has been issued or a 30 judgment determining parentage has been rendered; 31 (b) a state or political subdivision to which the rights under a 32 duty of support or support order have been assigned or which has 33 independent claims based on financial assistance provided to an 34 individual obligee; or 35 (c) an individual seeking a judgment determining parentage 36 of the individual’s child. 37 (13) ‘Obligor’ means an individual, or the estate of a decedent: 38 (a) who owes or is alleged to owe a duty of support; 39 (b) who is alleged but has not been adjudicated to be a 40 parent of a child; or 41 (c) who is liable under a support order. 42 (14) ‘Person’ means an individual, corporation, business trust, 43 estate, trust, partnership, limited liability company, association,

1 [4747] 298 1 joint venture, government, governmental subdivision, agency, or 2 instrumentality, public corporation, or any other legal or 3 commercial entity. 4 (15) ‘Record’ means information that is inscribed on a tangible 5 medium or that is stored in an electronic or other medium and is 6 retrievable in perceivable form. 7 (16) ‘Register’ means to record or file a support order or 8 judgment determining parentage in the appropriate location for the 9 recording or filing of foreign judgments generally or foreign 10 support orders specifically. 11 (17) ‘Registering tribunal’ means a tribunal in which a support 12 order is registered. 13 (18) ‘Responding state’ means a state in which a proceeding is 14 filed or to which a proceeding is forwarded for filing from an 15 initiating state under this article or a law or procedure substantially 16 similar to this article. 17 (19) ‘Responding tribunal’ means the authorized tribunal in a 18 responding state. 19 (20) ‘Spousal-support order’ means a support order for a spouse 20 or former spouse of the obligor. 21 (21) ‘State’ means a State of the United States, the District of 22 Columbia, Puerto Rico, the United States Virgin Islands, or any 23 territory or insular possession subject to the jurisdiction of the 24 United States. The term includes: 25 (a) an Indian tribe; and 26 (b) a foreign country or political subdivision that: 27 (i) has been declared to be a foreign reciprocating country 28 or political subdivision under federal law; 29 (ii) has established a reciprocal arrangement for child 30 support with this State as provided in Section 63-17-3280; or 31 (iii) has enacted a law or established procedures for the 32 issuance and enforcement of support orders which are substantially 33 similar to the procedures under this article. 34 (22) ‘Support enforcement agency’ means a public official or 35 agency authorized to seek: 36 (a) enforcement of support orders or laws relating to the 37 duty of support; 38 (b) establishment or modification of child support; 39 (c) determination of parentage; 40 (d) location of obligors or their assets; or 41 (e) determination of the controlling child-support order. 42 (23) ‘Support order’ means a judgment, decree, order, or 43 directive, whether temporary, final, or subject to modification,

1 [4747] 299 1 issued by a tribunal for the benefit of a child, a spouse, or a former 2 spouse, which provides for monetary support, health care, 3 arrearages, or reimbursement, and may include related costs and 4 fees, interest, income withholding, attorney’s fees, and other relief. 5 (24) ‘Tribunal’ means a court, administrative agency, or 6 quasi-judicial entity authorized to establish, enforce, or modify 7 support orders or to determine parentage. 8 9 Section 63-17-2920. The tribunals of this State are the family 10 court and the support enforcement agency. For the purposes of 11 continuing exclusive jurisdiction under this article, the tribunals of 12 this State have concurrent jurisdiction to establish, modify, and 13 enforce child support in cases being administered pursuant to Title 14 IV-D of the Social Security Act. 15 16 Section 63-17-2930. (A) Remedies provided by this article are 17 cumulative and do not affect the availability of remedies under 18 other law, including the recognition of a support order of a foreign 19 country or political subdivision on the basis of comity. 20 (B) This article does not: 21 (1) provide the exclusive method of establishing or 22 enforcing a support order under the law of this State; or 23 (2) grant a tribunal of this State jurisdiction to render 24 judgment or issue an order relating to child custody or visitation in 25 a proceeding under this article. 26 27 Part II 28 29 Jurisdiction 30 31 Section 63-17-3010. (A) In a proceeding to establish or 32 enforce a support order or to determine parentage, a tribunal of this 33 State may exercise personal jurisdiction over a nonresident 34 individual or the individual’s guardian or conservator if: 35 (1) the individual is personally served with notice and a 36 summons within this State; 37 (2) the individual submits to the jurisdiction of this State by 38 consent, by entering a general appearance, or by filing a responsive 39 document having the effect of waiving any contest to personal 40 jurisdiction; 41 (3) the individual resided with the child in this State; 42 (4) the individual resided in this State and provided prenatal 43 expenses or support for the child;

1 [4747] 300 1 (5) the child resides in this State as a result of the acts or 2 directives of the individual; 3 (6) the individual engaged in sexual intercourse in this State 4 and the child may have been conceived by that act of intercourse; 5 (7) the individual asserted parentage in the putative father 6 registry maintained in this State; or 7 (8) there is any other basis consistent with the constitutions 8 of this State and the United States for the exercise of personal 9 jurisdiction. 10 (B) The bases of personal jurisdiction set forth in subsection 11 (A) or in any other law of this State may not be used to acquire 12 personal jurisdiction for a tribunal of the State to modify a child 13 support order of another state unless the requirements of Section 14 63-17-3830 or 63-17-3870 are met. 15 16 Section 63-17-3020. Personal jurisdiction acquired by a 17 tribunal of this State in a proceeding under this article or other law 18 of this State relating to a support order continues as long as a 19 tribunal of this State has continuing, exclusive jurisdiction to 20 modify its order or continuing jurisdiction to enforce its order as 21 provided by Sections 63-17-3050, 63-17-3060, and 63-17-3110. 22 23 Section 63-17-3030. Under this article, a tribunal of this State 24 may serve as an initiating tribunal to forward proceedings to 25 another state and as a responding tribunal for proceedings initiated 26 in another state. 27 28 Section 63-17-3040. (A) A tribunal of this State may exercise 29 jurisdiction to establish a support order if the petition or 30 comparable pleading is filed after a pleading is filed in another 31 state only if: 32 (1) the petition or comparable pleading in this State is filed 33 before the expiration of the time allowed in the other state for 34 filing a responsive pleading challenging the exercise of jurisdiction 35 by the other state; 36 (2) the contesting party timely challenges the exercise of 37 jurisdiction in the other state; and 38 (3) if relevant, this State is the home state of the child. 39 (B) A tribunal of this State may not exercise jurisdiction to 40 establish a support order if the petition or comparable pleading is 41 filed before a petition or comparable pleading is filed in another 42 state if:

1 [4747] 301 1 (1) the petition or comparable pleading in the other state is 2 filed before the expiration of the time allowed in this State for 3 filing a responsive pleading challenging the exercise of jurisdiction 4 by this State; 5 (2) the contesting party timely challenges the exercise of 6 jurisdiction in this State; and 7 (3) if relevant, the other state is the home state of the child. 8 9 Section 63-17-3050. (A) A tribunal of this State that has 10 issued a child-support order consistent with the law of this State 11 has and shall exercise continuing, exclusive jurisdiction to modify 12 its child-support order if the order is the controlling order and: 13 (1) at the time of the filing of a request for modification this 14 State is the residence of the obligor, the individual obligee, or the 15 child for whose benefit the support order is issued; or 16 (2) even if this State is not the residence of the obligor, the 17 individual obligee, or the child for whose benefit the support order 18 is issued, the parties consent in a record or in open court that the 19 tribunal of this State may continue to exercise jurisdiction to 20 modify its order. 21 (B) A tribunal of this State that has issued a child-support order 22 consistent with the law of this State may not exercise continuing, 23 exclusive jurisdiction to modify the order if: 24 (1) all of the parties who are individuals file consent in a 25 record with the tribunal of this State that a tribunal of another state 26 that has jurisdiction over at least one of the parties who is an 27 individual or that is located in the state of residence of the child 28 may modify the order and assume continuing, exclusive 29 jurisdiction; or 30 (2) its order is not the controlling order. 31 (C) If a tribunal of another state has issued a child-support 32 order pursuant to the Uniform Interstate Family Support Act or a 33 law substantially similar to that act which modifies a child-support 34 order of a tribunal of this State, tribunals of this State shall 35 recognize the continuing, exclusive jurisdiction of the tribunal of 36 the other state. 37 (D) A tribunal of this State that lacks continuing, exclusive 38 jurisdiction to modify a child-support order may serve as an 39 initiating tribunal to request a tribunal of another state to modify a 40 support order issued in that state. 41 (E) A temporary support order issued ex parte or pending 42 resolution of a jurisdictional conflict does not create continuing, 43 exclusive jurisdiction in the issuing tribunal.

1 [4747] 302 1 2 Section 63-17-3060. (A) A tribunal of this State that has 3 issued a child-support order consistent with the law of this State 4 may serve as an initiating tribunal to request a tribunal of another 5 state to enforce: 6 (1) the order if the order is the controlling order and has not 7 been modified by a tribunal of another state that assumed 8 jurisdiction pursuant to the Uniform Interstate Family Support Act; 9 or 10 (2) a money judgment for arrears of support and interest on 11 the order accrued before a determination that an order of another 12 state is the controlling order. 13 (B) A tribunal of this State having continuing jurisdiction over 14 a support order may act as a responding tribunal to enforce the 15 order. 16 17 Section 63-17-3070. (A) If a proceeding is brought under this 18 article and only one tribunal has issued a child-support order, the 19 order of that tribunal controls and must be so recognized. 20 (B) If a proceeding is brought under this article, and two or 21 more child-support orders have been issued by tribunals of this 22 State or another state with regard to the same obligor and same 23 child, a tribunal of this State having personal jurisdiction over both 24 the obligor and individual obligee shall apply the following rules 25 and by order shall determine which order controls: 26 (1) If only one of the tribunals would have continuing, 27 exclusive jurisdiction under this article, the order of that tribunal 28 controls and must be so recognized. 29 (2) If more than one of the tribunals would have continuing, 30 exclusive jurisdiction under this article: 31 (a) an order issued by a tribunal in the current home state 32 of the child controls; but 33 (b) if an order has not been issued in the current home 34 state of the child, the order most recently issued controls. 35 (3) If none of the tribunals would have continuing, exclusive 36 jurisdiction under this article, the tribunal of this State shall issue a 37 child-support order, which controls. 38 (C) If two or more child-support orders have been issued for 39 the same obligor and same child, upon request of a party who is an 40 individual or a support enforcement agency, a tribunal of this State 41 having personal jurisdiction over both the obligor and the obligee 42 who is an individual shall determine which order controls under 43 subsection (B). The request may be filed with a registration for

1 [4747] 303 1 enforcement or registration for modification pursuant to Part VI, or 2 may be filed as a separate proceeding. 3 (D) A request to determine which is the controlling order must 4 be accompanied by a copy of every child-support order in effect 5 and the applicable record of payments. The requesting party shall 6 give notice of the request to each party whose rights may be 7 affected by the determination. 8 (E) The tribunal that issued the controlling order under 9 subsection (A), (B), or (C) has continuing jurisdiction to the extent 10 provided in Section 63-17-3050 or 63-17-3060. 11 (F) A tribunal of this State that determines by order which is 12 the controlling order under subsection (B)(1) or (2) or (C), or that 13 issues a new controlling order under subsection (B)(3), shall state 14 in that order: 15 (1) the basis upon which the tribunal made its determination; 16 (2) the amount of prospective support, if any; and 17 (3) the total amount of consolidated arrears and accrued 18 interest, if any, under all of the orders after all payments made are 19 credited as provided by Section 63-17-3090. 20 (G) Within thirty days after issuance of an order determining 21 which is the controlling order, the party obtaining the order shall 22 file a certified copy of it in each tribunal that issued or registered 23 an earlier order of child support. A party or support enforcement 24 agency obtaining the order that fails to file a certified copy is 25 subject to appropriate sanctions by a tribunal in which the issue of 26 failure to file arises. The failure to file does not affect the validity 27 or enforceability of the controlling order. 28 (H) An order that has been determined to be the controlling 29 order, or a judgment for consolidated arrears of support and 30 interest, if any, made pursuant to this section must be recognized 31 in proceedings under this article. 32 33 Section 63-17-3080. In responding to registrations or petitions 34 for enforcement of two or more child-support orders in effect at the 35 same time with regard to the same obligor and different individual 36 obligees, at least one of which was issued by a tribunal of another 37 state, a tribunal of this State shall enforce those orders in the same 38 manner as if the orders had been issued by a tribunal of this State. 39 40 Section 63-17-3090. A tribunal of this State shall credit 41 amounts collected for a particular period pursuant to any 42 child-support order against the amounts owed for the same period

1 [4747] 304 1 under any other child-support order for support of the same child 2 issued by a tribunal of this or another state. 3 4 Section 63-17-3100. A tribunal of this State exercising personal 5 jurisdiction over a nonresident in a proceeding under this article, 6 under other law of this State relating to a support order, or 7 recognizing a support order of a foreign country or political 8 subdivision on the basis of comity may receive evidence from 9 another state pursuant to Section 63-17-3360, communicate with a 10 tribunal of another state pursuant to Section 63-17-3370, and 11 obtain discovery through a tribunal of another state pursuant to 12 Section 63-17-3380. In all other respects, Parts III through VII do 13 not apply and the tribunal shall apply the procedural and 14 substantive law of this State. 15 16 Section 63-17-3110. (A) A tribunal of this State issuing a 17 spousal-support order consistent with the law of this State has 18 continuing, exclusive jurisdiction to modify the spousal-support 19 order throughout the existence of the support obligation. 20 (B) A tribunal of this State may not modify a spousal-support 21 order issued by a tribunal of another state having continuing, 22 exclusive jurisdiction over that order under the law of that state. 23 (C) A tribunal of this State that has continuing, exclusive 24 jurisdiction over a spousal-support order may serve as: 25 (1) an initiating tribunal to request a tribunal of another state 26 to enforce the spousal-support order issued in this State; or 27 (2) a responding tribunal to enforce or modify its own 28 spousal-support order. 29 30 Part III 31 32 Civil Provisions of General Application 33 34 Section 63-17-3210. (A) Except as otherwise provided in this 35 article, this part applies to all proceedings under this article. 36 (B) An individual petitioner or a support enforcement agency 37 may initiate a proceeding authorized under this article by filing a 38 petition in an initiating tribunal for forwarding to a responding 39 tribunal or by filing a petition or a comparable pleading directly in 40 a tribunal of another state which has or can obtain personal 41 jurisdiction over the respondent. 42

1 [4747] 305 1 Section 63-17-3220. A minor parent, or a guardian or other 2 legal representative of a minor parent, may maintain a proceeding 3 on behalf of or for the benefit of the minor’s child. 4 5 Section 63-17-3230. Except as otherwise provided in this 6 article, a responding tribunal of this State shall: 7 (1) apply the procedural and substantive law generally 8 applicable to similar proceedings originating in this State and may 9 exercise all powers and provide all remedies available in those 10 proceedings; and 11 (2) determine the duty of support and the amount payable in 12 accordance with the law and support guidelines of this State. 13 14 Section 63-17-3240. (A) Upon the filing of a petition 15 authorized by this article, an initiating tribunal of this State shall 16 forward the petition and its accompanying documents: 17 (1) to the responding tribunal or appropriate support 18 enforcement agency in the responding state; or 19 (2) if the identity of the responding tribunal is unknown, to 20 the state information agency of the responding state with a request 21 that they be forwarded to the appropriate tribunal and that receipt 22 be acknowledged. 23 (B) If requested by the responding tribunal, a tribunal of this 24 State shall issue a certificate or other document and make findings 25 required by the law of the responding state. If the responding state 26 is a foreign country or political subdivision, upon request the 27 tribunal shall specify the amount of support sought, convert that 28 amount into the equivalent amount in the foreign currency under 29 applicable official or market exchange rate as publicly reported, 30 and provide any other documents necessary to satisfy the 31 requirements of the responding state. 32 33 Section 63-17-3250. (A) When a responding tribunal of this 34 State receives a petition or comparable pleading from an initiating 35 tribunal or directly pursuant to Section 63-17-3210(B), it shall 36 cause the petition or pleading to be filed and notify the petitioner 37 where and when it was filed. 38 (B) A responding tribunal of this State, to the extent not 39 prohibited by other law, may do one or more of the following: 40 (1) issue or enforce a support order, modify a child-support 41 order, determine the controlling child-support order, or to 42 determine parentage;

1 [4747] 306 1 (2) order an obligor to comply with a support order, 2 specifying the amount and the manner of compliance; 3 (3) order income withholding; 4 (4) determine the amount of any arrearages, and specify a 5 method of payment; 6 (5) enforce orders by civil or criminal contempt, or both; 7 (6) set aside property for satisfaction of the support order; 8 (7) place liens and order execution on the obligor’s property; 9 (8) order an obligor to keep the tribunal informed of the 10 obligor’s current residential address, telephone number, employer, 11 address of employment, and telephone number at the place of 12 employment; 13 (9) issue a bench warrant for an obligor who has failed after 14 proper notice to appear at a hearing ordered by the tribunal and 15 enter the bench warrant in any local and state computer systems 16 for criminal warrants; 17 (10) order the obligor to seek appropriate employment by 18 specified methods; 19 (11) award reasonable attorney’s fees and other fees and 20 costs; and 21 (12) grant any other available remedy. 22 (C) A responding tribunal of this State shall include in a 23 support order issued under this article, or in the documents 24 accompanying the order, the calculations on which the support 25 order is based. 26 (D) A responding tribunal of this State may not condition the 27 payment of a support order issued under this article upon 28 compliance by a party with provisions for visitation. 29 (E) If a responding tribunal of this State issues an order under 30 this article, the tribunal shall send a copy of the order to the 31 petitioner and the respondent and to the initiating tribunal, if any. 32 (F) If requested to enforce a support order, arrears, or judgment 33 or modify a support order stated in a foreign currency, a 34 responding tribunal of this State shall convert the amount stated in 35 the foreign currency to the equivalent amount in dollars under the 36 applicable official or market exchange rate as publicly reported. 37 38 Section 63-17-3260. If a petition or comparable pleading is 39 received by an inappropriate tribunal of this State, the tribunal 40 shall forward the pleading and accompanying documents to an 41 appropriate tribunal in this State or another state and notify the 42 petitioner where and when the pleading was sent. 43

1 [4747] 307 1 Section 63-17-3270. (A) A support enforcement agency of this 2 State, upon request, shall provide services to a petitioner in a 3 proceeding under this article. 4 (B) A support enforcement agency of this State that is 5 providing services to the petitioner shall: 6 (1) take all steps necessary to enable an appropriate tribunal 7 in this State or another state to obtain jurisdiction over the 8 respondent; 9 (2) request an appropriate tribunal to set a date, time, and 10 place for a hearing; 11 (3) make a reasonable effort to obtain all relevant 12 information, including information as to income and property of 13 the parties; 14 (4) within two days, exclusive of Saturdays, Sundays, and 15 legal holidays, after receipt of a written notice in a record from an 16 initiating, responding, or registering tribunal, send a copy of the 17 notice to the petitioner; 18 (5) within two days, exclusive of Saturdays, Sundays, and 19 legal holidays, after receipt of a written communication in a record 20 from the respondent or the respondent’s attorney, send a copy of 21 the communication to the petitioner; and 22 (6) notify the petitioner if jurisdiction over the respondent 23 cannot be obtained. 24 (C) A support enforcement agency of this State that requests 25 registration of a child-support order in this State for enforcement 26 or for modification shall make reasonable efforts: 27 (1) to ensure that the order to be registered is the controlling 28 order; or 29 (2) if two or more child-support orders exist and the identity 30 of the controlling order has not been determined, to ensure that a 31 request for such a determination is made in a tribunal having 32 jurisdiction to do so. 33 (D) A support enforcement agency of this State that requests 34 registration and enforcement of a support order, arrears, or 35 judgment stated in a foreign currency shall convert the amounts 36 stated in the foreign currency into the equivalent amounts in 37 dollars under the applicable official or market exchange rate as 38 publicly reported. 39 (E) A support enforcement agency of this State shall issue or 40 request a tribunal of this State to issue a child-support order and an 41 income-withholding order that redirect payment of current support, 42 arrears, and interest if requested to do so by a support enforcement

1 [4747] 308 1 agency of another state pursuant to Section 63-17-3390 of the 2 Uniform Interstate Family Support Act. 3 (F) This article does not create or negate a relationship of 4 attorney and client or other fiduciary relationship between a 5 support enforcement agency or the attorney for the agency and the 6 individual being assisted by the agency. 7 8 Section 63-17-3280. (A) If the Attorney General determines 9 that the support enforcement agency is neglecting or refusing to 10 provide services to an individual, the Attorney General may order 11 the agency to perform its duties under this article or may provide 12 those services directly to the individual. 13 (B) The Department of Social Services may determine that a 14 foreign country or political subdivision has established a reciprocal 15 arrangement for child support with this State and take appropriate 16 action for notification of the determination. 17 18 Section 63-17-3290. An individual may employ private counsel 19 to represent the individual in proceedings authorized by this 20 article. 21 22 Section 63-17-3300. (A) The Department of Social Services is 23 the state information agency under this article. 24 (B) The state information agency shall: 25 (1) compile and maintain a current list, including addresses, 26 of the tribunals in this State which have jurisdiction under this 27 article and any support enforcement agencies in this State and 28 transmit a copy to the state information agency of every other 29 state; 30 (2) maintain a register of names and addresses of tribunals 31 and support enforcement agencies received from other states; 32 (3) forward to the appropriate tribunal in the county in this 33 State in which the obligee who is an individual or the obligor 34 resides, or in which the obligor’s property is believed to be 35 located, all documents concerning a proceeding under this article 36 received from an initiating tribunal or the state information agency 37 of the initiating state; and 38 (4) obtain information concerning the location of the obligor 39 and the obligor’s property within this State not exempt from 40 execution, by such means as postal verification and federal or state 41 locator services, examination of telephone directories, requests for 42 the obligor’s address from employers, and examination of 43 governmental records, including, to the extent not prohibited by

1 [4747] 309 1 other law, those relating to real property, vital statistics, law 2 enforcement, taxation, motor vehicles, driver’s licenses, and social 3 security. 4 5 Section 63-17-3310. (A) In a proceeding under this article, a 6 petitioner seeking to establish a support order, to determine 7 parentage, or to register and modify a support order of another 8 state must file a petition. Unless otherwise ordered under Section 9 63-17-3320, the petition or accompanying documents must 10 provide, so far as known, the name, residential address, and social 11 security numbers of the obligor and the obligee or the parent and 12 alleged parent, and the name, sex, residential address, social 13 security number, and date of birth of each child for whose benefit 14 support is sought or whose parentage is to be determined. Unless 15 filed at the time of registration, the petition must be accompanied 16 by a copy of any support order known to have been issued by 17 another tribunal. The petition may include any other information 18 that may assist in locating or identifying the respondent. 19 (B) The petition must specify the relief sought. The petition and 20 accompanying documents must conform substantially with the 21 requirements imposed by the forms mandated by federal law for 22 use in cases filed by a support enforcement agency. 23 24 Section 63-17-3320. If a party alleges in an affidavit or a 25 pleading under oath that the health, safety, or liberty of a party or 26 child would be jeopardized by disclosure of specific identifying 27 information, that information must be sealed and may not be 28 disclosed to the other party or the public. After a hearing in which 29 a tribunal takes into consideration the health, safety, or liberty of 30 the party or child, the tribunal may order disclosure of information 31 that the tribunal determines to be in the interest of justice. 32 33 Section 63-17-3330. (A) The petitioner may not be required to 34 pay a filing fee or other costs. 35 (B) If an obligee prevails, a responding tribunal may assess 36 against an obligor filing fees, reasonable attorney’s fees, other 37 costs, and necessary travel and other reasonable expenses incurred 38 by the obligee and the obligee’s witnesses. The tribunal may not 39 assess fees, costs, or expenses against the obligee or the support 40 enforcement agency of either the initiating or the responding state, 41 except as provided by other law. Attorney’s fees may be taxed as 42 costs, and may be ordered paid directly to the attorney, who may

1 [4747] 310 1 enforce the order in the attorney’s own name. Payment of support 2 owed to the obligee has priority over fees, costs, and expenses. 3 (C) The tribunal shall order the payment of costs and 4 reasonable attorney’s fees if it determines that a hearing was 5 requested primarily for delay. In a proceeding under Part VI, a 6 hearing is presumed to have been requested primarily for delay if a 7 registered support order is confirmed or enforced without change. 8 9 Section 63-17-3340. (A) Participation by a petitioner in a 10 proceeding under this article before a responding tribunal, whether 11 in person, by private attorney, or through services provided by the 12 support enforcement agency, does not confer personal jurisdiction 13 over the petitioner in another proceeding. 14 (B) A petitioner is not amenable to service of civil process 15 while physically present in this State to participate in a proceeding 16 under this article. 17 (C) The immunity granted by this section does not extend to 18 civil litigation based on acts unrelated to a proceeding under this 19 article committed by a party while physically present in this State 20 to participate in the proceeding. 21 22 Section 63-17-3350. A party whose parentage of a child has 23 been previously determined by or pursuant to law may not plead 24 nonparentage as a defense to a proceeding under this article. 25 26 Section 63-17-3360. (A) The physical presence of a 27 nonresident party who is an individual in a tribunal of this State is 28 not required for the establishment, enforcement, or modification of 29 a support order or the rendition of a judgment determining 30 parentage. 31 (B) An affidavit, a document substantially complying with 32 federally mandated forms, or a document incorporated by 33 reference in any of them, which would not be excluded under the 34 hearsay rule if given in person, is admissible in evidence if given 35 under penalty of perjury by a party or witness residing in another 36 state. 37 (C) A copy of the record of child-support payments certified as 38 a true copy of the original by the custodian of the record may be 39 forwarded to a responding tribunal. The copy is evidence of facts 40 asserted in it, and is admissible to show whether payments were 41 made. 42 (D) Copies of bills for testing for parentage, and for prenatal 43 and postnatal health care of the mother and child, furnished to the

1 [4747] 311 1 adverse party at least ten days before trial, are admissible in 2 evidence to prove the amount of the charges billed and that the 3 charges were reasonable, necessary, and customary. 4 (E) Documentary evidence transmitted from another state to a 5 tribunal of this State by telephone, telecopier, or other means that 6 do not provide an original record may not be excluded from 7 evidence on an objection based on the means of transmission. 8 (F) In a proceeding under this article, a tribunal of this State 9 shall permit a party or witness residing in another state to be 10 deposed or to testify under penalty of perjury by telephone, 11 audiovisual means, or other electronic means at a designated 12 tribunal or other location in that state. A tribunal of this State shall 13 cooperate with tribunals of other states in designating an 14 appropriate location for the deposition or testimony. 15 (G) If a party called to testify at a civil hearing refuses to 16 answer on the ground that the testimony may be self-incriminating, 17 the trier of fact may draw an adverse inference from the refusal. 18 (H) A privilege against disclosure of communications between 19 spouses does not apply in a proceeding under this article. 20 (I) The defense of immunity based on the relationship of 21 husband and wife or parent and child does not apply in a 22 proceeding under this article. 23 (J) A voluntary acknowledgment of paternity, certified as a 24 true copy, is admissible to establish parentage of the child. 25 26 Section 63-17-3370. A tribunal of this State may communicate 27 with a tribunal of another state or foreign country or political 28 subdivision in a record, or by telephone or other means, to obtain 29 information concerning the laws, the legal effect of a judgment, 30 decree, or order of that tribunal, and the status of a proceeding in 31 the other state or foreign country or political subdivision. A 32 tribunal of this State may furnish similar information by similar 33 means to a tribunal of another state or foreign country or political 34 subdivision. 35 36 Section 63-17-3380. A tribunal of this State may: 37 (1) request a tribunal of another state to assist in obtaining 38 discovery; and 39 (2) upon request, compel a person over whom it has 40 jurisdiction to respond to a discovery order issued by a tribunal of 41 another state. 42

1 [4747] 312 1 Section 63-17-3390. (A) A support enforcement agency or 2 tribunal of this State shall disburse promptly any amounts received 3 pursuant to a support order, as directed by the order. The agency or 4 tribunal shall furnish to a requesting party or tribunal of another 5 state a certified statement by the custodian of the record of the 6 amounts and dates of all payments received. 7 (B) If neither the obligor, nor the obligee who is an individual, 8 nor the child resides in this State, upon request from the support 9 enforcement agency of this State or another state, the Department 10 of Social Services or a tribunal of this State shall: 11 (1) direct that the support payment be made to the support 12 enforcement agency in the state in which the obligee is receiving 13 services; and 14 (2) issue and send to the obligor’s employer a conforming 15 income-withholding order or an administrative notice of change of 16 payee, reflecting the redirected payments. 17 (C) The support enforcement agency of this State receiving 18 redirected payments from another state pursuant to a law similar to 19 subsection (B) shall furnish to a requesting party or tribunal of the 20 other state a certified statement by the custodian of the record of 21 the amount and dates of all payments received. 22 23 Part IV 24 25 Establishment of Support Order 26 27 Section 63-17-3410. (A) If a support order entitled to 28 recognition under this article has not been issued, a responding 29 tribunal of this State may issue a support order if: 30 (1) the individual seeking the order resides in another state; 31 or 32 (2) the support enforcement agency seeking the order is 33 located in another state. 34 (B) The tribunal may issue a temporary child-support order if 35 the tribunal determines that such an order is appropriate and the 36 individual ordered to pay is: 37 (1) a presumed father of the child; 38 (2) petitioning to have his paternity adjudicated; 39 (3) identified as the father of the child through genetic 40 testing; 41 (4) an alleged father who has declined to submit to genetic 42 testing;

1 [4747] 313 1 (5) shown by clear and convincing evidence to be the father 2 of the child; 3 (6) an acknowledged father as provided by law; 4 (7) the mother of the child; or 5 (8) an individual who has been ordered to pay child support 6 in a previous proceeding and the order has not been reversed or 7 vacated. 8 (C) Upon finding, after notice and opportunity to be heard, that 9 an obligor owes a duty of support, the tribunal shall issue a support 10 order directed to the obligor and may issue other orders pursuant to 11 Section 63-17-3250. 12 13 Part V 14 15 Enforcement of Order of Another State Without Registration 16 17 Section 63-17-3510. An income-withholding order issued in 18 another state may be sent by or on behalf of the obligee, or by the 19 support enforcement agency, to the person defined as the obligor’s 20 employer under Articles 11, 13, and 15 without first filing a 21 petition or comparable pleading or registering the order with a 22 tribunal of this State. 23 24 Section 63-17-3520. (A) Upon receipt of an 25 income-withholding order, the obligor’s employer shall 26 immediately provide a copy of the order to the obligor. 27 (B) The employer shall treat an income-withholding order 28 issued in another state which appears regular on its face as if it had 29 been issued by a tribunal of this State. 30 (C) Except as otherwise provided in subsection (D) and Section 31 63-17-3530, the employer shall withhold and distribute the funds 32 as directed in the withholding order by complying with terms of 33 the order which specify: 34 (1) the duration and amount of periodic payments of current 35 child-support, stated as a sum certain; 36 (2) the person designated to receive payments and the 37 address to which the payments are to be forwarded; 38 (3) medical support, whether in the form of periodic cash 39 payment, stated as a sum certain, or ordering the obligor to provide 40 health insurance coverage for the child under a policy available 41 through the obligor’s employment;

1 [4747] 314 1 (4) the amount of periodic payments of fees and costs for a 2 support enforcement agency, the issuing tribunal, and the obligee’s 3 attorney, stated as sums certain; and 4 (5) the amount of periodic payments of arrearages and 5 interest on arrearages, stated as sums certain. 6 (D) An employer shall comply with the law of the state of the 7 obligor’s principal place of employment for withholding from 8 income with respect to: 9 (1) the employer’s fee for processing an income-withholding 10 order; 11 (2) the maximum amount permitted to be withheld from the 12 obligor’s income; and 13 (3) the times within which the employer must implement the 14 withholding order and forward the child-support payment. 15 16 Section 63-17-3530. If an obligor’s employer receives two or 17 more income-withholding orders with respect to the earnings of 18 the same obligor, the employer satisfies the terms of the orders if 19 the employer complies with the law of the state of the obligor’s 20 principal place of employment to establish the priorities for 21 withholding and allocating income withheld for two or more 22 child-support obligees. 23 24 Section 63-17-3540. An employer who complies with an 25 income-withholding order issued in another state in accordance 26 with this part is not subject to civil liability to an individual or 27 agency with regard to the employer’s withholding of child support 28 from the obligor’s income. 29 30 Section 63-17-3550. An employer who wilfully fails to comply 31 with an income-withholding order issued by another state and 32 received for enforcement is subject to the same penalties that may 33 be imposed for noncompliance with an order issued by a tribunal 34 of this State. 35 36 Section 63-17-3560. (A) An obligor may contest the validity 37 or enforcement of an income-withholding order issued in another 38 state and received directly by an employer in this State by 39 registering the order in a tribunal of this State and filing a contest 40 to that order as provided in Part VI, or otherwise contesting the 41 order in the same manner as if the order had been issued by a 42 tribunal of this State. 43 (B) The obligor shall give notice of the contest to:

1 [4747] 315 1 (1) a support enforcement agency providing services to the 2 obligee; 3 (2) each employer that has directly received an 4 income-withholding order relating to the obligor; and 5 (3) the person designated to receive payments in the 6 income-withholding order or, if no person is designated, to the 7 obligee. 8 9 Section 63-17-3570. (A) A party or support enforcement 10 agency seeking to enforce a support order or an 11 income-withholding order, or both, issued by a tribunal of another 12 state may send the documents required for registering the order to 13 a support enforcement agency of this State. 14 (B) Upon receipt of the documents, the support enforcement 15 agency, without initially seeking to register the order, shall 16 consider and, if appropriate, use any administrative procedure 17 authorized by the law of this State to enforce a support order or an 18 income-withholding order, or both. If the obligor does not contest 19 administrative enforcement, the order need not be registered. If the 20 obligor contests the validity or administrative enforcement of the 21 order, the support enforcement agency shall register the order 22 pursuant to this article. 23 24 Part VI 25 26 Registration, Enforcement, and Modification of Support Order 27 28 Subpart 1 29 30 Registration and Enforcement of Support Order 31 32 Section 63-17-3610. A support order or income-withholding 33 order issued by a tribunal of another state may be registered in this 34 State for enforcement. 35 36 Section 63-17-3620. (A) A support order or 37 income-withholding order of another state may be registered in 38 this State by sending the following records and information to the 39 Department of Social Services: 40 (1) a letter of transmittal to the tribunal requesting 41 registration and enforcement; 42 (2) two copies, including one certified copy, of the order to 43 be registered, including any modification of the order;

1 [4747] 316 1 (3) a sworn statement by the person requesting registration 2 or a certified statement by the custodian of the records showing the 3 amount of any arrearage; 4 (4) the name of the obligor and, if known: 5 (a) the obligor’s address and social security number; 6 (b) the name and address of the obligor’s employer and 7 any other source of income of the obligor; and 8 (c) a description and the location of property of the 9 obligor in this State not exempt from execution; and 10 (5) except as otherwise provided in Section 63-17-3320, the 11 name and address of the obligee and, if applicable, the person to 12 whom support payments are to be remitted. 13 (B) On receipt of a request for registration, the registering 14 tribunal shall cause the order to be filed as a foreign judgment, 15 together with one copy of the documents and information, 16 regardless of their form. 17 (C) A petition or comparable pleading seeking a remedy that 18 must be affirmatively sought under other law of this State may be 19 filed at the same time as the request for registration or later. The 20 pleading must specify the grounds for the remedy sought. 21 (D) If two or more orders are in effect, the person requesting 22 registration shall: 23 (1) furnish to the tribunal a copy of every support order 24 asserted to be in effect in addition to the documents specified in 25 this section; 26 (2) specify the order alleged to be the controlling order, if 27 any; and 28 (3) specify the amount of consolidated arrears, if any. 29 (E) A request for a determination of which is the controlling 30 order may be filed separately or with a request for registration and 31 enforcement or for registration and modification. The person 32 requesting registration shall give notice of the request to each party 33 whose rights may be affected by the determination. 34 35 Section 63-17-3630. (A) A support order or 36 income-withholding order issued in another state is registered 37 when the order is filed in the registering tribunal of this State. 38 (B) A registered order issued in another state is enforceable in 39 the same manner and is subject to the same procedures as an order 40 issued by a tribunal of this State. 41 (C) Except as otherwise provided in this part, a tribunal of this 42 State shall recognize and enforce, but may not modify, a registered 43 order if the issuing tribunal had jurisdiction.

1 [4747] 317 1 2 Section 63-17-3640. (A) Except as otherwise provided in 3 subsection (D), the law of the issuing state governs: 4 (1) the nature, extent, amount, and duration of current 5 payments under a registered support order; 6 (2) the computation and payment of arrearages and accrual 7 of interest on the arrearages under the support order; and 8 (3) the existence and satisfaction of other obligations under 9 the support order. 10 (B) In a proceeding for arrears under a registered support order, 11 the statute of limitation of this State or of the issuing state, 12 whichever is longer, applies. 13 (C) A responding tribunal of this State shall apply the 14 procedures and remedies of this State to enforce current support 15 and collect arrears and interest due on a support order of another 16 state registered in this State. 17 (D) After a tribunal of this or another state determines which is 18 the controlling order and issues an order consolidating arrears, if 19 any, a tribunal of this State shall prospectively apply the law of the 20 state issuing the controlling order, including its law on interest on 21 arrears, on current and future support, and on consolidated arrears. 22 23 Subpart 2 24 25 Contest of Validity or Enforcement 26 27 Section 63-17-3710. (A) When a support order or 28 income-withholding order issued in another state is registered, the 29 registering tribunal shall notify the nonregistering party. The 30 notice must be accompanied by a copy of the registered order and 31 the documents and relevant information accompanying the order. 32 (B) A notice must inform the nonregistering party: 33 (1) that a registered order is enforceable as of the date of 34 registration in the same manner as an order issued by a tribunal of 35 this State; 36 (2) that a hearing to contest the validity or enforcement of 37 the registered order must be requested within twenty days after 38 notice; 39 (3) that failure to contest the validity or enforcement of the 40 registered order in a timely manner will result in confirmation of 41 the order and enforcement of the order and the alleged arrearages; 42 and 43 (4) of the amount of any alleged arrearages.

1 [4747] 318 1 (C) If the registering party asserts that two or more orders are 2 in effect, a notice also must: 3 (1) identify the two or more orders and the order alleged by 4 the registering person to be the controlling order and the 5 consolidated arrears, if any; 6 (2) notify the nonregistering party of the right to a 7 determination of which is the controlling order; 8 (3) state that the procedures provided in subsection (B) 9 apply to the determination of which is the controlling order; and 10 (4) state that failure to contest the validity or enforcement of 11 the order alleged to be the controlling order in a timely manner 12 may result in confirmation that the order is the controlling order. 13 (D) Upon registration of an income-withholding order for 14 enforcement, the registering tribunal shall notify the obligor’s 15 employer pursuant to Articles 11, 13, and 15. 16 17 Section 63-17-3720. (A) A nonregistering party seeking to 18 contest the validity or enforcement of a registered order in this 19 State shall request a hearing within twenty days after notice of the 20 registration. The nonregistering party may seek to vacate the 21 registration, to assert any defense to an allegation of 22 noncompliance with the registered order, or to contest the remedies 23 being sought or the amount of any alleged arrearages pursuant to 24 Section 63-17-3730. 25 (B) If the nonregistering party fails to contest the validity or 26 enforcement of the registered order in a timely manner, the order is 27 confirmed by operation of law. 28 (C) If a nonregistering party requests a hearing to contest the 29 validity or enforcement of the registered order, the registering 30 tribunal shall schedule the matter for hearing and give notice to the 31 parties of the date, time, and place of the hearing. 32 33 Section 63-17-3730. (A) A party contesting the validity or 34 enforcement of a registered order or seeking to vacate the 35 registration has the burden of proving one or more of the following 36 defenses: 37 (1) the issuing tribunal lacked personal jurisdiction over the 38 contesting party; 39 (2) the order was obtained by fraud; 40 (3) the order has been vacated, suspended, or modified by a 41 later order; 42 (4) the issuing tribunal has stayed the order pending appeal;

1 [4747] 319 1 (5) there is a defense under the law of this State to the 2 remedy sought; 3 (6) full or partial payment has been made; 4 (7) the statute of limitation under Section 63-17-3640 5 precludes enforcement of some or all of the alleged arrearages; or 6 (8) the alleged controlling order is not the controlling order. 7 (B) If a party presents evidence establishing a full or partial 8 defense under subsection (A), a tribunal may stay enforcement of 9 the registered order, continue the proceeding to permit production 10 of additional relevant evidence, and issue other appropriate orders. 11 An uncontested portion of the registered order may be enforced by 12 all remedies available under the law of this State. 13 (C) If the contesting party does not establish a defense under 14 subsection (A) to the validity or enforcement of the order, the 15 registering tribunal shall issue an order confirming the order. 16 17 Section 63-17-3740. Confirmation of a registered order, 18 whether by operation of law or after notice and hearing, precludes 19 further contest of the order with respect to any matter that could 20 have been asserted at the time of registration. 21 22 Subpart 3 23 24 Registration and Modification of Child-Support Order 25 26 Section 63-17-3810. A party or support enforcement agency 27 seeking to modify, or to modify and enforce, a child-support order 28 issued in another state shall register that order in this State in the 29 same manner provided in Subpart 1 if the order has not been 30 registered. A petition for modification may be filed at the same 31 time as a request for registration, or later. The pleading must 32 specify the grounds for modification. 33 34 Section 63-17-3820. A tribunal of this State may enforce a 35 child-support order of another state registered for purposes of 36 modification, in the same manner as if the order had been issued 37 by a tribunal of this State, but the registered order may be modified 38 only if the requirements of Section 63-17-3830, 63-17-3850, or 39 63-17-3870 have been met. 40 41 Section 63-17-3830. (A) If Section 63-17-3850 does not apply, 42 except as otherwise provided in Section 63-17-3870, upon petition, 43 a tribunal of this State may modify a child-support order issued in

1 [4747] 320 1 another state which is registered in this State if, after notice and 2 hearing, the tribunal finds that: 3 (1) the following requirements are met: 4 (a) neither the child, nor the obligee who is an individual, 5 nor the obligor resides in the issuing state; 6 (b) a petitioner who is a nonresident of this State seeks 7 modification; and 8 (c) the respondent is subject to the personal jurisdiction of 9 the tribunal of this State; or 10 (2) this State is the state of residence of the child, or a party 11 who is an individual is subject to the personal jurisdiction of the 12 tribunal of this State, and all of the parties who are individuals 13 have filed consents in a record in the issuing tribunal for a tribunal 14 of this State to modify the support order and assume continuing, 15 exclusive jurisdiction. 16 (B) Modification of a registered child-support order is subject 17 to the same requirements, procedures, and defenses that apply to 18 the modification of an order issued by a tribunal of this State and 19 the order may be enforced and satisfied in the same manner. 20 (C) Except as otherwise provided in Section 63-17-3870, a 21 tribunal of this State may not modify any aspect of a child-support 22 order that may not be modified under the law of the issuing state, 23 including the duration of the obligation of support. If two or more 24 tribunals have issued child-support orders for the same obligor and 25 same child, the order that controls and must be so recognized 26 under Section 63-17-3070 establishes the aspects of the support 27 order which are nonmodifiable. 28 (D) In a proceeding to modify a child-support order, the law of 29 the state that is determined to have issued the initial controlling 30 order governs the duration of the obligation of support. The 31 obligor’s fulfillment of the duty of support established by that 32 order precludes imposition of a further obligation of support by a 33 tribunal of this State. 34 (E) On the issuance of an order by a tribunal of this State 35 modifying a child-support order issued in another state, the 36 tribunal of this State becomes the tribunal having continuing, 37 exclusive jurisdiction. 38 39 Section 63-17-3840. If a child-support order issued by a 40 tribunal of this State is modified by a tribunal of another state 41 which assumed jurisdiction pursuant to the Uniform Interstate 42 Family Support Act, a tribunal of this State:

1 [4747] 321 1 (1) may enforce its order that was modified only as to arrears 2 and interest accruing before the modification; 3 (2) may provide appropriate relief for violations of its order 4 which occurred before the effective date of the modification; and 5 (3) shall recognize the modifying order of the other state, upon 6 registration, for the purpose of enforcement. 7 8 Section 63-17-3850. (A) If all of the parties who are 9 individuals reside in this State and the child does not reside in the 10 issuing state, a tribunal of this State has jurisdiction to enforce and 11 to modify the issuing state’s child-support order in a proceeding to 12 register that order. 13 (B) A tribunal of this State exercising jurisdiction under this 14 section shall apply the provisions of Parts I and II, this part, and 15 the procedural and substantive law of this State to the proceeding 16 for enforcement or modification. Parts III, IV, V, VII, and VIII do 17 not apply. 18 19 Section 63-17-3860. Within thirty days after issuance of a 20 modified child-support order, the party obtaining the modification 21 shall file a certified copy of the order with the issuing tribunal that 22 had continuing, exclusive jurisdiction over the earlier order, and in 23 each tribunal in which the party knows the earlier order has been 24 registered. A party who obtains the order and fails to file a 25 certified copy is subject to appropriate sanctions by a tribunal in 26 which the issue of failure to file arises. The failure to file does not 27 affect the validity or enforceability of the modified order of the 28 new tribunal having continuing, exclusive jurisdiction. 29 30 Section 63-17-3870. (A) If a foreign country or political 31 subdivision that is a state will not or may not modify its order 32 pursuant to its laws, a tribunal of this State may assume 33 jurisdiction to modify the child-support order and bind all 34 individuals subject to the personal jurisdiction of the tribunal 35 whether or not the consent to modification of a child-support order 36 otherwise required of the individual pursuant to Section 37 63-17-3830 has been given or whether the individual seeking 38 modification is a resident of this State or of the foreign country or 39 political subdivision. 40 (B) An order issued pursuant to this section is the controlling 41 order. 42 43 Part VII

1 [4747] 322 1 2 Determination of Parentage 3 4 Section 63-17-3910. A court of this State authorized to 5 determine parentage of a child may serve as a responding tribunal 6 in a proceeding to determine parentage brought under this article 7 or a law or procedure substantially similar to this article. 8 9 Part VIII 10 11 Interstate Rendition 12 13 Section 63-17-4010. (A) For purposes of this article, 14 ‘governor’ includes an individual performing the functions of 15 governor or the executive authority of a state covered by this 16 article. 17 (B) The Governor of this State may: 18 (1) demand that the governor of another state surrender an 19 individual found in the other state who is charged criminally in this 20 State with having failed to provide for the support of an obligee; or 21 (2) on the demand of the governor of another state, surrender 22 an individual found in this State who is charged criminally in the 23 other state with having failed to provide for the support of an 24 obligee. 25 (C) A provision for extradition of individuals not inconsistent 26 with this article applies to the demand even if the individual whose 27 surrender is demanded was not in the demanding state when the 28 crime was allegedly committed and has not fled therefrom. 29 30 Section 63-17-4020. (A) Before making a demand that the 31 governor of another state surrender an individual charged 32 criminally in this State with having failed to provide for the 33 support of an obligee, the Governor of this State may require a 34 prosecutor of this State to demonstrate that at least sixty days 35 previously the obligee had initiated proceedings for support 36 pursuant to this article or that the proceeding would be of no avail. 37 (B) If, under this article or a law substantially similar to this 38 article, the governor of another state makes a demand that the 39 Governor of this State surrender an individual charged criminally 40 in that state with having failed to provide for the support of a child 41 or other individual to whom a duty of support is owed, the 42 Governor may require a prosecutor to investigate the demand and 43 report whether a proceeding for support has been initiated or

1 [4747] 323 1 would be effective. If it appears that a proceeding would be 2 effective but has not been initiated, the Governor may delay 3 honoring the demand for a reasonable time to permit the initiation 4 of a proceeding. 5 (C) If a proceeding for support has been initiated and the 6 individual whose rendition is demanded prevails, the Governor 7 may decline to honor the demand. If the petitioner prevails and the 8 individual whose rendition is demanded is subject to a support 9 order, the Governor may decline to honor the demand if the 10 individual is complying with the support order. 11 12 Section 63-17-4030. In applying and construing this article, 13 consideration must be given to the need to promote uniformity of 14 the law with respect to its subject matter among states that enact it. 15 16 Section 63-17-4040. If any section, subsection, paragraph, 17 subparagraph, sentence, clause, phrase, or word of this article is for 18 any reason held to be unconstitutional or invalid, such holding 19 shall not affect the constitutionality or validity of the remaining 20 portions of this article, the General Assembly hereby declaring that 21 it would have passed this article, and each and every section, 22 subsection, paragraph, subparagraph, sentence, clause, phrase, and 23 word thereof, irrespective of the fact that any one or more other 24 sections, subsections, paragraphs, subparagraphs, sentences, 25 clauses, phrases, or words hereof may be declared to be 26 unconstitutional, invalid, or otherwise ineffective. 27 28 CHAPTER 19 29 30 Juvenile Justice Code 31 32 Article 1 33 34 General Provisions 35 36 Section 63-19-10. This chapter may be cited as the ‘Juvenile 37 Justice Code’. 38 39 Section 63-19-20. When used in this chapter and unless 40 otherwise defined or the specific context indicates otherwise: 41 (1) ‘Child’ or ‘juvenile’ means a person less than seventeen 42 years of age. ‘Child’ or ‘juvenile’ does not mean a person sixteen 43 years of age or older who is charged with a Class A, B, C, or D

1 [4747] 324 1 felony as defined in Section 16-1-20 or a felony which provides 2 for a maximum term of imprisonment of fifteen years or more. 3 However, a person sixteen years of age who is charged with a 4 Class A, B, C, or D felony as defined in Section 16-1-20 or a 5 felony which provides for a maximum term of imprisonment of 6 fifteen years or more may be remanded to the family court for 7 disposition of the charge at the discretion of the solicitor. An 8 additional or accompanying charge associated with the charges 9 contained in this item must be heard by the court with jurisdiction 10 over the offenses contained in this item. 11 (2) ‘Court’ means the family court. 12 (3) ‘Criminal justice purpose’ means: 13 (a) the performance of any activity directly involving the 14 detection, apprehension, capture from escape or elopement, 15 detention, pretrial release, post-trial release, prosecution, 16 adjudication, supervision, or rehabilitation of accused or 17 adjudicated persons or criminal offenders; or 18 (b) the collection, storage, and dissemination of child 19 offense history records. 20 (4) ‘Department’ means the Department of Juvenile Justice. 21 (5) ‘Guardian’ means a person who legally has the care and 22 management of a child. 23 (6) ‘Judge’ means the judge of the family court. 24 (7) ‘Parent’ means biological parent, adoptive parents, 25 step-parent, or person with legal custody. 26 (8) ‘Parole board’ means the Board of Juvenile Parole under 27 the Department of Juvenile Justice. 28 (9) ‘Status offense’ means an offense which would not be a 29 misdemeanor or felony if committed by an adult including, but not 30 limited to, incorrigibility or beyond the control of parents, truancy, 31 running away, playing or loitering in a billiard room, playing a 32 pinball machine, or gaining admission to a theater by false 33 identification. 34 35 Section 63-19-30. (A) It is the duty of other state agencies 36 providing financial assistance and other children’s services related 37 to the purposes of this chapter to cooperate with the department in 38 carrying out its responsibilities to children and their families. 39 (B) Nothing in this chapter may be construed to relieve a state 40 or local unit of government of any preexisting legal obligation to 41 provide payments, services, or facilities. 42 43 Article 3

1 [4747] 325 1 2 Department of Juvenile Justice 3 4 Section 63-19-310. There is created the South Carolina 5 Department of Juvenile Justice. 6 7 Section 63-19-320. (A) The Governor shall appoint a director of 8 the department with the advice and consent of the Senate who shall 9 possess qualifications necessary to manage the affairs of the 10 department. If a vacancy occurs in the office when the Senate is 11 not in session, the Governor may appoint a director to fill the 12 vacancy until the Senate acts upon the appointment. 13 (B) The director is subject to removal by the Governor as 14 provided for in Section 1-3-240. 15 (C) The director must execute a good and sufficient bond 16 payable to the State in the sum of fifty thousand dollars, 17 conditioned for the faithful performance of the duties of the 18 director’s office and the accurate accounting for all monies and 19 property coming into the director’s hands. The bond must be 20 executed by a surety company authorized to do business under the 21 laws of this State, and the premium on the bond must be paid by 22 the State out of the department’s appropriations. 23 24 Section 63-19-330. (A) The director is the chief executive 25 officer of the department. The director may appoint and employ 26 officers and employees necessary to perform the duties and 27 responsibilities of the department and shall ensure that the 28 department’s organizational structure differentiates between 29 separate divisions, the community-based services and institutional 30 services of the department. 31 (B) The director is vested with the exclusive responsibility for 32 policy of the department to carry out the responsibilities, duties, 33 and privileges provided for in this chapter. 34 35 Section 63-19-340. An annual report of the department must be 36 prepared by the director which shall include an account of all 37 funds received and expended, persons served by the department 38 including a report of the state and condition of the correctional 39 institutions, and community programs operated by the department. 40 Services and institutional services of the department. 41

1 [4747] 326 1 Section 63-19-350. The department shall provide community 2 services as the director shall assign to it which shall include, but 3 are not limited to: 4 (1) family court intake screening and referral counseling; 5 (2) serving, advising, and counseling children placed on 6 probation by the family court; 7 (3) serving, advising, and counseling children in institutions as 8 may be necessary for the placement of the children in a proper 9 environment after release and for the placement of children in 10 suitable jobs where necessary and proper; 11 (4) supervising and guiding children released or conditionally 12 released from institutions; 13 (5) counseling children released or conditionally released from 14 its commitment facilities; 15 (6) coordinating the activities of supporting community 16 agencies which aid in the social adjustment of children released 17 from its commitment facilities; 18 (7) providing or arranging for necessary services leading to the 19 rehabilitation of delinquents either within the department or 20 through cooperative arrangements with other appropriate agencies; 21 (8) providing counseling and supervision for a child under 22 twelve years of age who has been adjudicated delinquent or 23 convicted of a crime or who has entered a plea of guilty or nolo 24 contendere, when other suitable personnel is not available and 25 upon request of the court; 26 (9) providing detention screening services when a child is 27 taken into custody for violation of a law or ordinance as provided 28 for in this chapter; 29 (10) providing prevention services including short- and 30 long-range planning, establishing statewide priorities and 31 standards, developing public awareness programs, and providing 32 technical assistance to local government in the development of 33 prevention programs; 34 (11) developing secure and nonsecure alternatives to jail; 35 (12) providing a variety of community-based programs to 36 augment regular probation services including, but not limited to, 37 volunteer services, restitution, community-work programs, family 38 counseling, and contract probation with specific sanctions for 39 various types of behavior; 40 (13) providing a variety of community-based programs to serve 41 as alternatives to institutions including, but not limited to, halfway 42 houses, work release, intensive supervision services, restitution,

1 [4747] 327 1 forestry and wilderness camps, marine science programs, and other 2 residential and nonresidential programs; 3 (14) providing programs to divert juveniles, where proper and 4 appropriate, from the juvenile justice system; 5 (15) juveniles must be assigned to intensive probation or 6 aftercare services by the Department of Juvenile Justice. Juveniles 7 assigned to these intensive supervision services must be those 8 juveniles who require enhanced supervision, monitoring and 9 contacts, or a higher level of treatment services. Intensive 10 supervision must be provided by the department in all regions of 11 the State. In conjunction with establishing these intensive 12 supervision services, the department shall develop an array of 13 graduated sanctions and impose these sanctions on offenders being 14 provided intensive supervision services for technical rule 15 violations and minor infractions, whenever feasible to do so, in 16 lieu of re-incarceration of the juvenile in a secure correctional 17 facility. The array of graduated sanctions developed by the 18 department may include, as a condition of probation or parole, 19 placement of a juvenile in a staff or environmentally secure 20 residential program. Case workers selected to monitor, supervise, 21 and serve juveniles assigned to intensive supervision services shall 22 have caseloads of no more than twenty juveniles. 23 24 Section 63-19-360. The department shall provide institutional 25 services which include, but are not limited to: 26 (1) providing correctional institutional services for juveniles 27 committed under this chapter; 28 (2) managing, operating, and supervising Birchwood, Willow 29 Lane, John G. Richards, and other facilities as the director may 30 establish; 31 (3) establishing and maintaining residential and nonresidential 32 reception and evaluation centers at which all children committed to 33 its custody by a circuit or family court must be received, 34 examined, and evaluated before assignment to one of its 35 institutions or before other disposition or recommendation is made 36 concerning the child. The commitment of a child to a reception 37 and evaluation center or youth correctional institution of the 38 department may be made only after the child has been adjudicated 39 delinquent. The evaluation conducted by the reception and 40 evaluation centers includes, but is not limited to: 41 (a) a complete social, physical, psychological, and mental 42 examination;

1 [4747] 328 1 (b) an investigation and consideration of family and 2 community environment and other facts in the background of the 3 person concerned that might relate to the person’s delinquency; 4 (c) a determination of the correctional or custodial care that 5 would be most appropriate. The department shall create facilities 6 and employ personnel as will enable the centers to conduct the 7 necessary physical, mental, and psychological examinations 8 required by this section; 9 (4) providing juvenile detention services for juveniles charged 10 with having committed a criminal offense who are found, after a 11 detention screening or detention hearing, to require detention or 12 placement outside the home pending an adjudication of 13 delinquency or dispositional hearing. Detention services provided 14 by the department for the benefit of the counties and municipalities 15 of this State must include secure juvenile detention centers. The 16 size and capacity of the juvenile detention facilities needed must 17 be determined by the department after its consideration and review 18 of minimum standards for local detention facilities in South 19 Carolina for the design, construction, and operation of juvenile 20 detention centers. These recognized state standards must be met or 21 exceeded by the department in determining the size and capacity of 22 the juvenile detention centers and in planning for the construction 23 and operation of the facilities. The department shall determine and 24 announce the anticipated maximum operational capacity of each 25 facility and shall contact each county and municipal governmental 26 body in this State for the purpose of determining which counties or 27 municipalities anticipate utilizing these facilities upon each facility 28 becoming operational. The department shall inform each county 29 and municipal governmental body of the existing state and federal 30 laws regarding the confinement of juveniles charged with 31 committing criminal offenses, of each county’s and municipality’s 32 ability to develop its own facility or to contract with other counties 33 or municipalities for the development of a regional facility, and of 34 the availability of the department’s facilities. This notice must be 35 provided to each county and municipality for the purpose of 36 determining which county governmental bodies desire to enter into 37 an intergovernmental agreement with the department for the 38 detention of juveniles from their particular community who are 39 charged with committing a criminal offense for which pretrial 40 detention is both authorized and appropriate. No later than 41 September 1, 1993, the department shall report to the Budget and 42 Control Board on the strategy of each county to comply with 43 requirements of counties under this chapter. The department must

1 [4747] 329 1 include with its report a plan for the construction and the operation 2 of those facilities which are projected to be necessary for the 3 preadjudicatory detention of juveniles in this State. No later than 4 September first of each subsequent year, the department shall 5 report to the board on the status of all preadjudicatory juvenile 6 detention facilities known to be operational or planned, regardless 7 of ownership or management. Beginning with the report to the 8 board which is due no later than September 1, 1996, the 9 department must include an annual status report on the numbers of 10 juveniles in pretrial detention who are awaiting disposition in 11 general sessions court, whether they have been waived by the 12 family court or whether they qualify due to the offense with which 13 they are charged. The board then will coordinate with all 14 responsible and affected agencies and entities to ensure that 15 adequate funding is identified to prevent the detention or 16 incarceration of juveniles who are awaiting disposition by, or who 17 are under the jurisdiction of, the family court in adult jails 18 anywhere within the State of South Carolina and to prevent the 19 detention of juveniles who are awaiting disposition by general 20 sessions court in facilities which do not provide actual sight and 21 sound separation from adults who are in detention or custody. 22 Upon completion of each facility and upon the determination by 23 the Jail and Prison Inspection Division of the Department of 24 Corrections that each facility is staffed in accordance with relevant 25 standards and can be operated in accordance with these standards, 26 the division shall determine and announce the rated capacity of 27 each facility. A facility operated by the Department of Juvenile 28 Justice for the preadjudicatory detention of juveniles must be 29 maintained and continued in operation for that purpose until 30 approved for conversion or closure by the Budget and Control 31 Board. However, a county or municipality which decides to 32 maintain its own approved facilities or which has entered into a 33 regional intergovernmental agreement, which has provided secure 34 facilities for preadjudicatory juveniles, and which meets the 35 standards set forth above, may continue to operate these facilities. 36 County and regionally operated facilities are subject to inspection 37 by the Jail and Prison Inspection Division of the Department of 38 Corrections for compliance with the standards set forth above and 39 those created pursuant to Section 24-9-20. The division has the 40 same enforcement authority over county, municipal, and regionally 41 operated secure juvenile detention facilities as that which is 42 provided in Section 24-9-30. In Department of Juvenile Justice 43 operated facilities, the department shall determine an amount of

1 [4747] 330 1 per diem for each child detained in a center, which must be paid by 2 the governing body of the law enforcement agency having original 3 jurisdiction where the offense occurred. The per diem paid by the 4 governing body of the law enforcement agency having original 5 jurisdiction where the offense occurred must be based on the 6 average operating cost among all preadjudicatory state facilities. 7 The Department of Juvenile Justice must assume one-third of the 8 per diem cost and the governing body of the law enforcement 9 agency having original jurisdiction where the offense occurred 10 must assume two-thirds of the cost. Per diem funds received by the 11 department must be placed in a separate account by the department 12 for operation of all preadjudicatory state facilities. Transportation 13 of the juvenile to and from a facility is the responsibility of the law 14 enforcement agency having jurisdiction where the offense was 15 committed. Transportation of juveniles between department 16 facilities, if necessary, is the responsibility of the department. 17 (5) Each secure facility which detains preadjudicatory youth 18 longer than forty-eight hours, excluding weekends and state 19 holidays, regardless of ownership or management, must have 20 sufficient personnel to provide uninterrupted supervision and to 21 provide administrative, program, and support requirements. Each 22 of these facilities must have a minimum of two juvenile custodial 23 officers on duty each shift, fully dressed, awake, and alert to 24 operate the facility. At least one person shall directly supervise the 25 juveniles at all times. At least one female juvenile custodial officer 26 must be present and available to the female detention population at 27 all times. Staff on duty must be sufficient to provide for a 28 juvenile-staff ratio adequate for custody, control, and supervision, 29 and to provide full coverage of all designated security posts, 30 excluding administrative, program, and other support staff. Staff 31 shall prepare further a facility schedule of preplanned, structured, 32 and productive activities. Schedules must be developed which 33 include designated times for sleeping, dining, education, 34 counseling, recreation, visitation, and personal time. Daily 35 schedules should minimize idleness and promote constructive use 36 of the juvenile’s day. The Department of Juvenile Justice shall 37 provide educational programs and services to all preadjudicatory 38 juveniles in its custody. County, municipal, and regionally 39 operated facilities shall provide these services to all 40 preadjudicatory juveniles under the jurisdiction of the family court 41 and all pretrial juveniles awaiting general sessions court who are 42 detained locally for more than forty-eight hours, excluding 43 weekends and state holidays, by contracting with the Department

1 [4747] 331 1 of Juvenile Justice or by arranging the services through the local 2 school district in which the facility is located. It shall be the 3 responsibility of the school district where a local detention center 4 which has been approved to detain juveniles is located to provide 5 adequate teaching staff and to ensure compliance with the 6 educational requirements of this State. Students housed in 7 approved local detention centers are to be included in the average 8 daily membership count of students for that district and 9 reimbursement by the Department of Education shall be made 10 accordingly. Services which are arranged locally must be approved 11 by the Department of Juvenile Justice as meeting all criteria 12 developed under the authority of Section 63-19-380. Special needs 13 students who are detained locally shall have all services required 14 by federal and state laws and regulations. 15 (6) A county, municipality, or regional subdivision may 16 provide temporary holdover facilities for juveniles only if the 17 facilities comply with this section and with all standards created 18 under the provisions of Section 24-9-20, which must be monitored 19 and enforced by the Jail and Prison Inspection Division of the 20 South Carolina Department of Corrections pursuant to its authority 21 under Sections 24-9-20 and 24-9-30. The standards shall provide 22 for the regulation of temporary holdover facilities with regard to 23 adequate square footage, juvenile accommodations, access to 24 bathroom facilities, lighting, ventilation, distinctions between 25 secure and nonsecure temporary holdover facilities, staffing 26 qualifications, and additional requirements as may be specified. 27 These facilities may hold juveniles during the period between 28 initial custody and the initial detention hearing before a family 29 court judge for a period up to forty-eight hours, excluding 30 weekends and state holidays. Preadjudicatory juveniles who are 31 subsequently transferred to a juvenile detention center may be 32 housed in a temporary holdover facility when returned to the 33 community for a court appearance. However, the temporary 34 housing shall not exceed forty-eight hours. 35 36 Section 63-19-370. The department may enter into agreements 37 with the governing bodies of other state departments or institutions 38 for the purpose of effecting a more efficient and economical 39 management of any institution or program under its supervision. 40 The department is authorized to make contracts and expend public 41 funds as required to carry out the functions prescribed for it in this 42 chapter within the limits of appropriated funds. 43

1 [4747] 332 1 Section 63-19-380. (A) The Department of Juvenile Justice is 2 designated as a special school district which shall operate a 3 continuous progress education program on a twelve-month basis. 4 There is created within the department the Education Division 5 which shall provide academic and vocational training at the 6 Reception and Evaluation Center, Birchwood High School, 7 Willow Lane Junior High School, and all other institutions 8 operating under the department. Academic and vocational training 9 provided pursuant to this section shall meet all educational 10 standards prescribed by law and by the Department of Education 11 for public schools of the State including, but not limited to, 12 compliance with and operation under the provisions of the 13 Education Finance Act, the Defined Minimum Program, teacher 14 and superintendent certification laws and regulations, and other 15 laws or regulations governing the education of children. The 16 department may prescribe additional requirements as it may from 17 time to time deem necessary. 18 (B) The State Superintendent of Education shall administer the 19 standards related to the school programs. Reports from the 20 Department of Education evaluating the educational program at all 21 juvenile corrections institutions and indicating whether or not the 22 program meets the standards as prescribed, must be made directly 23 to the director. Department of Education supervisory personnel as 24 considered appropriate must be utilized for evaluating the 25 programs and for reporting to the director. 26 (C) Schools operated by the department shall receive funds 27 from the Department of Education under the same provisions as 28 other public schools in the State. 29 Funds previously received by the Department of Juvenile Justice 30 from the South Carolina Department of Education for programs 31 now being consolidated under the Education Finance Act shall be 32 disbursed to the Department of Juvenile Justice by the Department 33 of Education from the appropriation provided in the annual general 34 appropriations act and entitled ‘Education Finance Act.’ The 35 amount to be disbursed to the Department of Juvenile Justice must 36 be sufficient to produce funds equal to the product of the number 37 of students served by the Department of Juvenile Justice weighted 38 according to the criteria established by the South Carolina 39 Department of Education under the provisions of the Education 40 Finance Act and the state portion of the appropriated value 41 statewide of the base student cost, adjusted for twelve months 42 operation. The Department of Juvenile Justice shall comply with 43 the provisions of subsection (4) of Section 59-20-50 and

1 [4747] 333 1 subsections (1), (2), (3), and (4) of Section 59-20-60. The South 2 Carolina Department of Education annually shall determine that 3 these provisions are being met and include its findings in the report 4 mandated in subsection (5)(e) of Section 59-20-60. If the 5 accreditation standards set forth in the Defined Minimum Program 6 for the Department of Juvenile Justice as approved by the State 7 Board of Education are not met, funds by this section shall be 8 reduced the following fiscal year according to the provisions set 9 forth in the Education Finance Act. 10 (D) The director shall operate as the trustee for schools under 11 the department’s jurisdiction for all administrative purposes, 12 including the receipt and expenditure of funds appropriated or 13 granted to the schools for any purpose. The director shall employ 14 a full-time superintendent of schools for the special school district. 15 The superintendent shall hold a valid superintendent’s certificate 16 from the Department of Education and shall serve as the head of 17 the Education Division. 18 (E) In lieu of classification by the Division of State Personnel, 19 the employment status of the superintendent of schools for the 20 department and all instructional personnel operating under the 21 Education Division of the department must be governed by the 22 laws of the State regarding employment of instructional personnel 23 and regulations of the Department of Education. 24 25 Section 63-19-390. Juvenile correctional employees of the 26 department, while performing their officially assigned duties 27 relating to the custody, control, transportation, or recapture of a 28 juvenile offender within the jurisdiction of the department, and 29 other employees of the department authorized by the director to 30 perform similar functions as part of their official duties, have the 31 status of peace officers anywhere in this State in a matter relating 32 to the custody, control, transportation, or recapture of the juvenile. 33 Employees of the department’s Division of Public Safety, on 34 proper training and certification from the Criminal Justice 35 Academy and after having taken the oath of office prescribed by 36 law and the Constitution of this State, must continue to be 37 commissioned as state constables pursuant to Section 23-1-60. 38 39 Section 63-19-400. The department may accept gifts, donations, 40 or contributions and may receive devises and bequests. These 41 acquisitions must be used for the purposes specified by the donors. 42

1 [4747] 334 1 Section 63-19-410. (A) The department may charge and collect 2 fees for evaluation and treatment services provided for a person 3 referred or temporarily committed to its facilities either at the 4 evaluation center in Columbia or any center or other facility of the 5 department. Fees may be charged to a parent or guardian or to the 6 public or private agency responsible for the temporary 7 commitment or referral. In cases where insurance coverage is 8 available, fees of treatment or evaluation may be charged to the 9 insurer. No fees may be charged to a person who is finally 10 committed to a custodial facility of the department, and no person 11 may be denied treatment or evaluation services because of inability 12 to pay for the services. 13 (B) The director shall approve and periodically review, a 14 schedule of maximum charges for the services of the department, 15 including residential care. The department shall adopt procedures 16 to determine ability to pay and may authorize its designees to 17 reduce or waive charges based upon their findings. No charge for 18 services rendered by the department may exceed the actual cost of 19 the services at the facility rendering the services. 20 (C) The department shall establish a hearing and review 21 procedure so that parents or legal guardians of a person under the 22 department’s jurisdiction may appeal charges made for services or 23 may present to the departmental officials information or evidence 24 which, in their opinion, needs to be considered in establishing 25 charges. 26 (D) The department may utilize all legal procedures to collect 27 lawful claims. All funds collected pursuant to this section must be 28 deposited with the State Treasurer for use of the department in 29 defraying the cost of services for which the fees may be collected. 30 31 Section 63-19-420. The director is authorized to sell mature 32 trees, other timber, and farm products and commodities from lands 33 owned by the department. Before the sale of timber, the director 34 shall consult with the State Forester to determine the economic 35 feasibility of and obtain approval for the sales. Funds derived 36 from the sales must be credited to the account of the department to 37 be used for capital improvements subject to the approval of the 38 Budget and Control Board. 39 40 Section 63-19-430. The department may print or purchase for 41 resale bumper stickers and other informational material prepared to 42 publicize and educate the public concerning activities of the 43 department. All these materials must have ‘South Carolina’

1 [4747] 335 1 inscribed on the material. After the costs of the materials have 2 been recovered, all proceeds from the sale of the materials must be 3 deposited in the student welfare fund of the department and used 4 for the purposes prescribed for that fund. 5 6 Section 63-19-440. The department’s reception and evaluation 7 center located in Columbia is designated ‘The William J. 8 Goldsmith Reception and Evaluation Center’. 9 10 Section 63-19-450. (A) The Director of the Department of 11 Juvenile Justice may establish a Youth Industries Program, 12 consistent with all applicable state and federal child labor laws, 13 employing juveniles committed to the department. This program 14 may include: 15 (1) providing services to private industries including, but not 16 limited to: 17 (a) packing, assembling, handling, reconditioning or 18 restoring products, goods, wares, or merchandise; 19 (b) contracting with private industry for the manufacturing 20 and processing of goods, wares, or merchandise; 21 (c) contracting with other profit or nonprofit businesses or 22 commercial enterprises to provide the services enumerated in 23 subitems (a) and (b) within the department’s Sheltered Workshop 24 Program; 25 (2) manufacturing or processing industry or service which 26 utilizes juveniles in the manufacture or production of goods, 27 wares, merchandise, articles, or products or in providing services 28 which may be needed for the construction, operation, maintenance, 29 or use of any office, department, institution, or agency supported 30 in whole or in part by this State or a political subdivision of this 31 State; or 32 (3) otherwise engaging juveniles in paid work opportunities 33 within the department, consistent with the general welfare of the 34 department’s mission of rehabilitation and treatment. 35 (B) To implement the Youth Industries Program the director 36 may enter into contracts in the manner provided by law to 37 implement its Youth Industries Program. A contract may include 38 rental or lease agreements for state land or buildings or portions of 39 state buildings on the grounds of an institution or a facility of the 40 Department of Juvenile Justice and if the contract contains such 41 rental or lease agreements, it must provide the business entity with 42 reasonable access to and egress from these grounds, buildings, and 43 facilities.

1 [4747] 336 1 (C) In conducting the Youth Industries Program, the 2 department may purchase equipment, raw materials, and supplies 3 in the manner provided by law and may engage necessary 4 supervisory personnel. 5 (D) The prices of articles or products manufactured or produced 6 or services rendered under the Youth Industries Program must be 7 uniform and nondiscriminating and must be as near to the usual 8 market price for these articles, products, or services as is 9 practicable. 10 (E) All monies collected by the department from the sale or 11 disposition of articles and products manufactured or produced or 12 from services rendered by juveniles in the Youth Industries 13 Program must be deposited into a special account designated 14 ‘Youth Industries Account’. The monies collected and deposited 15 into this account must be used solely for the purchasing of 16 manufacturing supplies, equipment, machinery, and buildings for 17 the Youth Industries Program to pay the wages of the juveniles 18 employed in the program and the salaries of the necessary 19 personnel in the program, and to defray the necessary expenses of 20 the program. The director must deduct from wages paid to a 21 juvenile: 22 (1) state, federal, and local taxes; 23 (2) allocations for support of children pursuant to law, court 24 order, or agreement by the committed juvenile; and 25 (3) contributions to any fund established by law to 26 compensate the victims of crime of not more than twenty percent 27 and not less than five percent of gross wages. 28 These deductions may not exceed eighty percent of gross wages. 29 30 Section 63-19-460. (A) A juvenile may participate in the Youth 31 Industries Program established pursuant to Section 63-19-450 only 32 on a voluntary basis and only after the juvenile has been informed 33 of the conditions of the employment. 34 (B) A juvenile participating in the Youth Industries Program: 35 (1) providing services to private industry must be 36 compensated commensurate with the prevailing wage for work of 37 a similar nature in the private sector; 38 (2) is not considered an employee of the State and is not 39 eligible for unemployment compensation upon termination from 40 the program; however, a juvenile is entitled to all other work 41 benefits, including worker’s compensation or its equivalent. 42 (C) The wages of a juvenile authorized to work in the Youth 43 Industries Program, if paid other than by the department, must be

1 [4747] 337 1 paid directly to the Department of Juvenile Justice and credited to 2 the juvenile’s account. If the wages are paid by an entity other 3 than the department, these wages must be paid directly to the 4 department, and the department shall credit the wages to the 5 juvenile’s account. The director must deduct from wages paid to a 6 juvenile: 7 (1) state, federal, and local taxes; 8 (2) allocations for support of children pursuant to law, court 9 order, or agreement by the committed juvenile; and 10 (3) contributions to any fund established by law to 11 compensate the victims of crime of not more than twenty percent 12 and not less than five percent of gross wages. 13 These deductions may not exceed eighty percent of gross wages. 14 (D) Juvenile participation in the Youth Industries Program must 15 not result in the displacement of employed workers in the State 16 and must not impair existing contracts. 17 18 Section 63-19-470. It is unlawful to sell or offer for sale on the 19 open market of this State goods, wares, or merchandise 20 manufactured or produced wholly or in part by juvenile offenders 21 in this or another state. However, this subsection does not apply 22 to: 23 (1) articles produced by juveniles on parole or probation or in 24 community supervision; 25 (2) products sold by the Department of Juvenile Justice made 26 by juveniles in its arts and crafts programs; 27 (3) articles or products sold to nonprofit corporations 28 incorporated under Article 1, Chapter 31, Title 33 or to 29 organizations operating in this State which have been granted an 30 exemption under Section 501(c) of the Internal Revenue Code of 31 1986; 32 (4) articles or products made in the Youth Industries Program 33 pursuant to Section 63-19-450, through contracts with private 34 sector businesses which provide work and vocational training 35 opportunities for juvenile offenders with physical or mental 36 disabilities or who are mentally retarded if the compensation is 37 paid by the private sector business to the juvenile offender on a 38 piece rate basis; 39 (5) products sold intrastate or interstate produced by juveniles 40 employed in the Youth Industries Program; 41 (6) services provided by juveniles in the Youth Industries 42 Program including, but not limited to, restoration and 43 reconditioning activities, the packaging and handling of goods,

1 [4747] 338 1 wares, or merchandise, or the dismantling and reassembling of 2 products. 3 4 Section 63-19-480. There is created a fund within the 5 Department of Juvenile Justice for the compensation of victims of 6 crime. All contributions deducted from a juvenile’s wages 7 pursuant to Section 63-19-450(E)(3) or 63-19-460(C)(3) must be 8 deposited into this fund. Of the amount contributed to the fund by 9 each juvenile, ninety-five percent must be paid by the department 10 on behalf of the juvenile as restitution to the victim or victims of 11 the juvenile’s adjudicated crime as ordered by the family court or 12 the releasing entity, and five percent must be submitted to the 13 South Carolina Victim’s Compensation Fund. If the amount of 14 restitution ordered has been paid in full or if there is no victim of 15 the juvenile’s adjudicated crime, the juvenile’s contributions must 16 be submitted to the South Carolina Victim’s Compensation Fund. 17 18 Section 63-19-490. The Department of Juvenile Justice in 19 consultation with this state’s regulatory agencies may promulgate 20 regulations which are necessary to implement Sections 63-19-450 21 and 63-19-460. 22 23 Article 5 24 25 Juvenile Parole Board 26 27 Section 63-19-610. (A) There is created under the Department 28 of Juvenile Justice the Board of Juvenile Parole. The parole board 29 is composed of ten members appointed by the Governor with the 30 advice and consent of the Senate. Of these members, one must be 31 appointed from each of the six congressional districts and four 32 members must be appointed from the State at large. If a vacancy 33 occurs on the parole board when the Senate is not in session, the 34 Governor may appoint a member to fill the vacancy and the 35 appointee is a de facto member until the Senate acts upon the 36 appointment. 37 (B) Members of the parole board shall serve four-year terms 38 and until their successors are appointed and qualify and these 39 terms expire on June thirtieth of the appropriate year. 40 (C) No member may be reappointed to the parole board until 41 two years after the expiration of a full four-year term. 42

1 [4747] 339 1 Section 63-19-620. A member of the parole board is subject to 2 removal by the Governor as provided for in Section 1-3-240(C). 3 4 Section 63-19-630. The parole board shall elect from among its 5 members a chairman who shall serve a one-year term and who may 6 not succeed himself as chairman. The parole board may elect a 7 vice-chairman and secretary and shall fix the time and place of 8 meetings. Rules and procedures for parole board meetings, as 9 considered advisable, must be adopted by the parole board. Six 10 members of the parole board constitute a quorum for the 11 transaction of business. 12 13 Section 63-19-640. The members of the parole board must be 14 reimbursed for actual expenses incurred in attending parole board 15 meetings and shall receive as compensation the same per diem as 16 provided by law for members of state boards, committees, and 17 commissions. 18 19 Article 7 20 21 Custody and Detention 22 23 Section 63-19-810. (A) When a child found violating a criminal 24 law or ordinance is taken into custody, the taking into custody is 25 not an arrest. The jurisdiction of the court attaches from the time 26 of the taking into custody. When a child is taken into custody, the 27 officer taking the child into custody shall notify the parent, 28 guardian, or custodian of the child as soon as possible. Unless 29 otherwise ordered by the court, the person taking the child into 30 custody may release the child to a parent, a responsible adult, a 31 responsible agent of a court-approved foster home, group home, 32 nonsecure facility, or program upon the written promise, signed by 33 the person, to bring the child to the court at a stated time or at a 34 time the court may direct. The written promise, accompanied by a 35 written report by the officer, must be submitted to the South 36 Carolina Department of Juvenile Justice as soon as possible, but 37 not later than twenty-four hours after the child is taken into 38 custody. If the person fails to produce the child as agreed, or upon 39 notice from the court, a summons or a warrant may be issued for 40 the apprehension of the person or of the child. 41 (B) When a child is not released pursuant to subsection (A), the 42 officer taking the child into custody shall immediately notify the 43 authorized representative of the Department of Juvenile Justice,

1 [4747] 340 1 who shall respond within one hour by telephone or to the location 2 where the child is being detained. Upon responding, the authorized 3 representative of the department shall review the facts in the 4 officer’s report or petition and any other relevant facts and advise 5 the officer if, in his opinion, there is a need for detention of the 6 child. The officer’s written report must be furnished to the 7 authorized representatives of the department and must state: 8 (1) the facts of the offense; 9 (2) the reason why the child was not released to the parent. 10 Unless the child is to be detained, the child must be released by the 11 officer to the custody of his parents or other responsible adult upon 12 their written promise to bring the child to the court at a stated time 13 or at a time the court may direct. However, if the offense for which 14 the child was taken into custody is a violent crime as defined in 15 Section 16-1-60, the child may be released only by the officer who 16 took the child into custody. If the officer does not consent to the 17 release of the child, the parents or other responsible adult may 18 apply to any judge of the family court within the circuit for an ex 19 parte order of release of the child. The officer’s written report must 20 be furnished to the family court judge. The family court judge may 21 establish conditions for such release. 22 (C) When a child is charged by a law enforcement officer for 23 an offense which would be a misdemeanor or felony if committed 24 by an adult, not including a traffic or wildlife violation over which 25 courts other than the family court have concurrent jurisdiction as 26 provided in Section 63-3-520, the law enforcement officer also 27 shall notify the principal of the school in which the child is 28 enrolled, if any, of the nature of the offense. This information may 29 be used by the principal for monitoring and supervisory purposes 30 but otherwise must be kept confidential by the principal in the 31 same manner required by Section 63-19-2220(E). 32 (D) Juveniles may be held in nonsecure custody within the law 33 enforcement center for only the time necessary for purposes of 34 identification, investigation, detention, intake screening, awaiting 35 release to parents or other responsible adult, or awaiting transfer to 36 a juvenile detention facility or to the court for a detention hearing. 37 38 Section 63-19-820. (A) When the officer who took the child 39 into custody determines that placement of a juvenile outside the 40 home is necessary, the authorized representative of the Department 41 of Juvenile Justice shall make a diligent effort to place the child in 42 an approved home, program, or facility, other than a secure

1 [4747] 341 1 juvenile detention facility, when these alternatives are appropriate 2 and available. 3 (B) A child is eligible for detention in a secure juvenile 4 detention facility only if the child: 5 (1) is charged with a violent crime as defined in Section 6 16-1-60; 7 (2) is charged with a crime which, if committed by an adult, 8 would be a felony or a misdemeanor other than a violent crime, 9 and the child: 10 (a) is already detained or on probation or conditional 11 release or is awaiting adjudication in connection with another 12 delinquency proceeding; 13 (b) has a demonstrable recent record of wilful failures to 14 appear at court proceedings; 15 (c) has a demonstrable recent record of violent conduct 16 resulting in physical injury to others; or 17 (d) has a demonstrable recent record of adjudications for 18 other felonies or misdemeanors; and 19 (i) there is reason to believe the child is a flight risk or 20 poses a threat of serious harm to others; or 21 (ii) the instant offense involved the use of a firearm; 22 (3) is a fugitive from another jurisdiction; 23 (4) requests protection in writing under circumstances that 24 present an immediate threat of serious physical injury; 25 (5) had in his possession a deadly weapon; 26 (6) has a demonstrable recent record of wilful failure to 27 comply with prior placement orders including, but not limited to, a 28 house arrest order; 29 (7) has no suitable alternative placement and it is determined 30 that detention is in the child’s best interest or is necessary to 31 protect the child or public, or both; or 32 (8) is charged with an assault and battery or an assault and 33 battery of a high and aggravated nature on school grounds or at a 34 school-sponsored event against any person affiliated with the 35 school in an official capacity. 36 A child who meets the criteria provided in this subsection is 37 eligible for detention. Detention is not mandatory for a child 38 meeting the criteria if that child can be supervised adequately at 39 home or in a less secure setting or program. If the officer does not 40 consent to the release of the child, the parents or other responsible 41 adult may apply to the family court within the circuit for an ex 42 parte order of release of the child. The officer’s written report

1 [4747] 342 1 must be furnished to the family court judge who may establish 2 conditions for the release. 3 (C) No child may be placed in secure confinement or ordered 4 detained by the court in secure confinement in an adult jail or other 5 place of detention for adults for more than six hours. However, the 6 prohibition against the secure confinement of juveniles in adult 7 jails does not apply to juveniles who have been waived to the court 8 of general sessions for the purpose of standing trial as an adult. 9 Juveniles placed in secure confinement in an adult jail during this 10 six-hour period must be confined in an area of the jail which is 11 separated by sight and sound from adults similarly confined. 12 (D) Temporary holdover facilities may hold juveniles during 13 the period between initial custody and the initial detention hearing 14 before a family court judge for a period up to forty-eight hours, 15 excluding weekends and state holidays. 16 (E) A child who is taken into custody because of a violation of 17 law which would not be a criminal offense under the laws of this 18 State if committed by an adult must not be placed or ordered 19 detained in an adult detention facility. A child who is taken into 20 custody because of a violation of the law which would not be a 21 criminal offense under the laws of this State if committed by an 22 adult must not be placed or ordered detained more than 23 twenty-four hours in a juvenile detention facility, unless an order 24 previously has been issued by the court, of which the child has 25 notice and which notifies the child that further violation of the 26 court’s order may result in the secure detention of that child in a 27 juvenile detention facility. If a juvenile is ordered detained for 28 violating a valid court order, the juvenile may be held in secure 29 confinement in a juvenile detention facility for not more than 30 seventy-two hours, excluding weekends and holidays. However, 31 nothing in this section precludes a law enforcement officer from 32 taking a status offender into custody. 33 (F) Children ten years of age and younger must not be 34 incarcerated in a jail or detention facility for any reason. Children 35 eleven or twelve years of age who are taken into custody for a 36 violation of law which would be a criminal offense under the laws 37 of this State if committed by an adult or who violates conditions of 38 probation for such an offense must be incarcerated in a jail or 39 detention facility only by order of the family court. 40 (G) For purposes of this section, ‘adult jail’ or other place of 41 detention for adults includes a state, county, or municipal police 42 station, law enforcement lockup, or holding cell. ‘Secure 43 confinement’ means an area having bars or other restraints

1 [4747] 343 1 designed to hold one person or a group of persons at a law 2 enforcement location for any period of time and for any reason. 3 Secure confinement in an adult jail or other place of detention does 4 not include a room or a multipurpose area within the law 5 enforcement center which is not secured by locks or other security 6 devices. Rooms or areas of this type include lobbies, offices, and 7 interrogation rooms. Juveniles held in these areas are considered 8 to be in nonsecure custody as long as the room or area is not 9 designed for or intended for use as a residential area, the juvenile 10 is not handcuffed to a stationary object while in the room or area, 11 and the juvenile is under continuous visual supervision by facility 12 staff while in this room or area which is located within the law 13 enforcement center. Secure confinement also does not include a 14 room or area used by law enforcement for processing ‘booking’ 15 purposes, irrespective of whether it is determined to be secure or 16 nonsecure, as long as the juvenile’s confinement in the area is 17 limited to the time necessary to fingerprint, photograph, or 18 otherwise ‘book’ the juvenile in accordance with state law. 19 20 Section 63-19-830. (A) If the officer who took the child into 21 custody has not released the child to the custody the child’s parents 22 or other responsible adult, the court shall hold a detention hearing 23 within forty-eight hours from the time the child was taken into 24 custody, excluding Saturdays, Sundays, and holidays. At this 25 hearing, the authorized representative of the department shall 26 submit to the court a report stating the facts surrounding the case 27 and a recommendation as to the child’s continued detention 28 pending the adjudicatory and dispositional hearings. The court 29 shall appoint counsel for the child if none is retained. No child 30 may proceed without counsel in this hearing, unless the child 31 waives the right to counsel and then only after consulting at least 32 once with an attorney. At the conclusion of this hearing, the court 33 shall determine whether probable cause exists to justify the 34 detention of the child and the appropriateness of, and need for, the 35 child’s continued detention. If continued detention of a juvenile is 36 considered appropriate by the court and if a juvenile detention 37 facility exists in that county which meets state and federal 38 requirements for the secure detention of juveniles or if that facility 39 exists in another county with which the committing county has a 40 contract for the secure detention of its juveniles and if commitment 41 of a juvenile by the court to that facility does not cause the facility 42 to exceed its design and operational capacity, the family court shall 43 order the detention of the juvenile in that facility. A juvenile must

1 [4747] 344 1 not be detained in secure confinement in excess of ninety days 2 except in exceptional circumstances as determined by the court. A 3 detained juvenile is entitled to further and periodic review: 4 (1) within ten days following the juvenile’s initial detention 5 hearing; 6 (2) within thirty days following the ten-day hearing; and 7 (3) at any other time for good cause shown upon motion of 8 the child, the State, or the department. 9 If the child does not qualify for detention or otherwise require 10 continued detention under the terms of Section 63-19-820(A) or 11 (B), the child must be released to a parent, guardian, or other 12 responsible person. 13 (B) A juvenile ordered detained in a facility must be screened 14 within twenty-four hours by a social worker or if considered 15 appropriate by a psychologist in order to determine whether the 16 juvenile is emotionally disturbed, mentally ill, or otherwise in need 17 of services. The services must be provided immediately. 18 19 Section 63-19-840. Provisions must be made for a detention 20 home or homes for the temporary detention of children to be 21 conducted by the court or, subject to the approval and supervision 22 of the court, by an appropriate public agency; or the court may 23 arrange for the use of private homes for detention, subject to the 24 supervision of the court or other agency, or may arrange with an 25 institution or agency to receive for temporary care and custody 26 children within the jurisdiction of the court. 27 28 Section 63-19-850. No child may be transported to a juvenile 29 detention facility in a police vehicle which also contains adults 30 under arrest. When a child is to be transported to or from a 31 juvenile detention facility following a detention screening review 32 conducted by the Department of Juvenile Justice or after a 33 detention order has been issued by the court, the local law 34 enforcement agency which originally took the child into custody 35 shall transport this child to or from the juvenile detention facility. 36 Transportation of juveniles between department facilities, if 37 necessary, is the responsibility of the department. 38 39 Article 9 40 41 Intake and Initiation of Proceedings 42

1 [4747] 345 1 Section 63-19-1010. (A) The Department of Juvenile Justice 2 shall provide intake and probation services for juveniles brought 3 before the family courts of this State and for persons committed or 4 referred to the department in cooperation with all local officials or 5 agencies concerned. The role and function of intake is to 6 independently assess the circumstances and needs of children 7 referred for possible prosecution in the family court. 8 Recommendations by the department as to intake must be 9 reviewed by the office of the solicitor in the circuit concerned, and 10 the final determination as to whether or not the juvenile is to be 11 prosecuted in the family court must be made by the solicitor or by 12 the solicitor’s authorized assistant. Statements of the juvenile 13 contained in the department’s files must not be furnished to the 14 solicitor’s office as part of the intake review procedure, and the 15 solicitor’s office must not be privy to these statements in 16 connection with its intake review. 17 (B) Where circumstances do not warrant prosecution in the 18 discretion of the solicitor, the intake counselor shall offer referral 19 assistance for services as appropriate for the child and family. In 20 the event that a juvenile is adjudicated to be delinquent or found by 21 the family court to be in violation of the terms of probation, the 22 intake counselor shall offer appropriate dispositional 23 recommendations to the family court for its consideration and 24 determination of the disposition of the case. 25 26 Section 63-19-1020. The parent or custodian of a child, an 27 official of a child welfare board, a public official charged by law 28 with the care of the poor, the recognized agents of an agency, 29 association, society, or institution, a person having knowledge or 30 information of a nature which convinces the person that a child is 31 delinquent or that a child, by reason of his own acts in accordance 32 with this chapter, is subject to the jurisdiction of the court, any 33 person who has suffered injury through the delinquency of a child, 34 or an officer having an arrested child in charge, may institute a 35 proceeding respecting the child. 36 37 Section 63-19-1030. (A) Whenever a person informs the court 38 that a child is within the purview of this chapter, the court shall 39 make preliminary inquiry to determine whether the interest of the 40 public or of the child requires that further action be taken. 41 Thereupon, the court may make an informal adjustment as is 42 practicable without a petition or may authorize a petition to be 43 filed by any person.

1 [4747] 346 1 (B) The petition and all subsequent court documents must be 2 entitled: 3 ‘In the Family Court of ____ County. 4 In the Interest of ___, a child under seventeen years of age.’ 5 The petition must be verified and may be upon information and 6 belief. It shall set forth plainly: 7 (1) the facts which bring the child within the purview of this 8 chapter; 9 (2) the name, age, and residence of the child; 10 (3) the names and residences of the child’s parents; 11 (4) the name and residence of a legal guardian, if there is 12 one, of the person or persons having custody of or control of the 13 child, or of the nearest known relative if no parent or guardian can 14 be found. If any of these facts are not known by the petitioner, the 15 petition shall state that. 16 (C) Before the hearing of a case of a child, the judge shall 17 cause an investigation of all the facts pertaining to the issue to be 18 made. The investigation shall consist of an examination of the 19 parentage and surroundings of the child, the child’s age, habits and 20 history, and also shall include inquiry into the home conditions, 21 habits and character of the child’s parents or guardian, if that is 22 necessary in the discretion of the court. In these cases the court, if 23 advisable, shall cause the child to be examined as to the child’s 24 mentality by a competent and experienced psychologist or 25 psychiatrist who shall make a report of the findings. Before the 26 hearing in the case of a child, if the child attends school, a report 27 on the child must be obtained from the school which the child 28 attends. The school officials shall furnish the report upon the 29 request of the court or its probation counselor. The court, when it 30 is considered necessary, shall cause a complete physical 31 examination to be made of the child by a competent physician. 32 (D) In a case where the delinquency proceedings may result in 33 commitment to an institution in which the child’s freedom is 34 curtailed, the child or the child’s parents or guardian must be given 35 written notice with particularity of the specific charge or factual 36 allegations to be considered at the hearing. The notice must be 37 given as soon as practicable and sufficiently in advance to permit 38 preparation. The child or the child’s parent or guardian also must 39 be advised in the notice of their right to be represented by counsel 40 and that, if they are unable to employ counsel, counsel will be 41 appointed to represent them. In the hearing, the parent and child 42 also must be expressly informed of their right to counsel and must

1 [4747] 347 1 be specifically required to consider whether they do or do not 2 waive the right of counsel. 3 4 Section 63-19-1040. Notwithstanding Title 17, Chapter 3, 5 Defense of Indigents, in determining indigence for the purpose of 6 appointing legal counsel for a child in a delinquency proceeding, 7 the court shall determine the financial ability of the child’s parents 8 to retain counsel for the child. If the court determines that the 9 parents are able to retain counsel for the child but the parents 10 refuse to retain counsel and the court appoints counsel, the court 11 may order the parents to reimburse the Indigent Defense Fund or 12 pay the court-appointed attorney in an amount to be determined by 13 the court. 14 15 Article 11 16 17 Transfer of Jurisdiction 18 19 Section 63-19-1210. In accordance with the jurisdiction granted 20 to the family court pursuant to Sections 63-3-510, 63-3-520, and 21 63-3-530, jurisdiction over a case involving a child must be 22 transferred or retained as follows: 23 (1) If, during the pendency of a criminal or quasi-criminal 24 charge against a child in a circuit court of this State, it is 25 ascertained that the child was under the age of seventeen years at 26 the time of committing the alleged offense, it is the duty of the 27 circuit court immediately to transfer the case, together with all the 28 papers, documents, and testimony connected with it, to the family 29 court of competent jurisdiction, except in those cases where the 30 Constitution gives to the circuit court exclusive jurisdiction or in 31 those cases where jurisdiction has properly been transferred to the 32 circuit court by the family court under the provisions of this 33 section. The court making the transfer shall order the child to be 34 taken immediately to the place of detention designated by the court 35 or to that court itself, or shall release the child to the custody of 36 some suitable person to be brought before the court at a time 37 designated. The court then shall proceed as provided in this 38 chapter. The provisions of this section are applicable to all 39 existing offenses and to offenses created in the future unless the 40 General Assembly specifically directs otherwise. 41 (2) Whenever a child is brought before a magistrate or city 42 recorder and, in the opinion of the magistrate or city recorder, the 43 child should be brought to the family court of competent

1 [4747] 348 1 jurisdiction under the provisions of this section, the magistrate or 2 city recorder shall transfer the case to the family court and direct 3 that the child involved be taken there. 4 (3) When an action is brought in a circuit court which, in the 5 opinion of the judge, falls within the jurisdiction of the family 6 court, he may transfer the action upon his own motion or the 7 motion of any party. 8 (4) If a child sixteen years of age or older is charged with an 9 offense which, if committed by an adult, would be a misdemeanor, 10 a Class E or F felony as defined in Section 16-1-20, or a felony 11 which provides for a maximum term of imprisonment of ten years 12 or less, and if the court, after full investigation, considers it 13 contrary to the best interest of the child or of the public to retain 14 jurisdiction, the court, in its discretion, acting as committing 15 magistrate, may bind over the child for proper criminal 16 proceedings to a court which would have trial jurisdiction of the 17 offense if committed by an adult. 18 (5) If a child fourteen or fifteen years of age is charged with an 19 offense which, if committed by an adult, would be a Class A, B, C, 20 or D felony as defined in Section 16-1-20 or a felony which 21 provides for a maximum term of imprisonment of fifteen years or 22 more, the court, after full investigation and hearing, may determine 23 it contrary to the best interest of the child or of the public to retain 24 jurisdiction. The court, acting as committing magistrate, may bind 25 over the child for proper criminal proceedings to a court which 26 would have trial jurisdiction of the offenses if committed by an 27 adult. 28 (6) Within thirty days after the filing of a petition in the family 29 court alleging the child has committed the offense of murder or 30 criminal sexual conduct, the person executing the petition may 31 request in writing that the case be transferred to the court of 32 general sessions with a view to proceeding against the child as a 33 criminal rather than as a child coming within the purview of this 34 chapter. The judge of the family court is authorized to determine 35 this request. If the request is denied, the petitioner may appeal 36 within five days to the circuit court. Upon the hearing of the 37 appeal, the judge of the circuit court is vested with the discretion 38 of exercising and asserting the jurisdiction of the court of general 39 sessions or of relinquishing jurisdiction to the family court. If the 40 circuit judge elects to exercise the jurisdiction of the general 41 sessions court for trial of the case, he shall issue an order to that 42 effect, and then the family court has no further jurisdiction in the 43 matter.

1 [4747] 349 1 (7) Once the family court relinquishes its jurisdiction over the 2 child and the child is bound over to be treated as an adult, Section 3 63-19-2020 dealing with the confidentiality of identity and 4 fingerprints does not apply. 5 (8) When jurisdiction is relinquished by the family court in 6 favor of another court, the court shall have full authority and 7 power to grant bail, hold a preliminary hearing and any other 8 powers as now provided by law for magistrates in such cases. 9 (9) If a child fourteen years of age or older is charged with a 10 violation of Section 16-23-430(1), Section 16-23-20, assault and 11 battery of a high and aggravated nature, or Section 44-53-445, the 12 court, after full investigation and hearing, if it considers it contrary 13 to the best interest of the child or the public to retain jurisdiction, 14 acting as committing magistrate, may bind over the child for 15 proper criminal proceedings to a court which would have trial 16 jurisdiction of the offenses if committed by an adult. 17 (10) If a child fourteen years of age or older is charged with an 18 offense which, if committed by an adult, provides for a term of 19 imprisonment of ten years or more and the child previously has 20 been adjudicated delinquent in family court or convicted in circuit 21 court for two prior offenses which, if committed by an adult, 22 provide for a term of imprisonment of ten years or more, the court 23 acting as committing magistrate shall bind over the child for 24 proper criminal proceedings to a court which would have trial 25 jurisdiction of the offense if committed by an adult. For the 26 purpose of this item, an adjudication or conviction is considered a 27 second adjudication or conviction only if the date of the 28 commission of the second offense occurred subsequent to the 29 imposition of the sentence for the first offense. 30 31 Article 13 32 33 Dispositional Powers of the Court 34 35 Section 63-19-1410. (A) When a child is found by decree of 36 the court to be subject to this chapter, the court shall in its decree 37 make a finding of the facts upon which the court exercises its 38 jurisdiction over the child. Following the decree, the court by 39 order may: 40 (1) cause a child concerning whom a petition has been filed 41 to be examined or treated by a physician, psychiatrist, or 42 psychologist and for that purpose place the child in a hospital or 43 other suitable facility;

1 [4747] 350 1 (2) order care and treatment as it considers best, except as 2 otherwise provided in this section and may designate a state 3 agency as the lead agency to provide a family assessment to the 4 court. The assessment shall include, but is not limited to, the 5 strengths and weaknesses of the family, problems interfering with 6 the functioning of the family and with the best interests of the 7 child, and recommendations for a comprehensive service plan to 8 strengthen the family and assist in resolving these issues. 9 The lead agency shall provide the family assessment to the court 10 in a timely manner, and the court shall conduct a hearing to review 11 the proposed plan and adopt a plan as part of its order that will best 12 meet the needs and best interest of the child. In arriving at a 13 comprehensive plan, the court shall consider: 14 (a) additional testing or evaluation that may be needed; 15 (b) economic services including, but not limited to, 16 employment services, job training, food stamps, and aid to families 17 with dependent children; 18 (c) counseling services including, but not limited to, 19 marital counseling, parenting skills, and alcohol and drug abuse 20 counseling; and 21 (d) any other programs or services appropriate to the 22 child’s and family’s needs. 23 The lead agency is responsible for monitoring compliance with 24 the court-ordered plan and shall report to the court as the court 25 requires. In support of an order, the court may require the parents 26 or other persons having custody of the child or any other person 27 who has been found by the court to be encouraging, causing, or 28 contributing to the acts or conditions which bring the child within 29 the purview of this chapter to do or omit to do acts required or 30 forbidden by law, when the judge considers the requirement 31 necessary for the welfare of the child. In case of failure to comply 32 with the requirement, the court may proceed against those persons 33 for contempt of court; 34 (3) place the child on probation or under supervision in the 35 child’s own home or in the custody of a suitable person elsewhere, 36 upon conditions as the court may determine. A child placed on 37 probation by the court remains under the authority of the court 38 only until the expiration of the specified term of the child’s 39 probation. This specified term of probation may expire before but 40 not after the eighteenth birthday of the child. Probation means 41 casework services during a continuance of the case. Probation 42 must not be ordered or administered as punishment but as a 43 measure for the protection, guidance, and well-being of the child

1 [4747] 351 1 and the child’s family. Probation methods must be directed to the 2 discovery and correction of the basic causes of maladjustment and 3 to the development of the child’s personality and character, with 4 the aid of the social resources of the community. As a condition of 5 probation, the court may order the child to participate in a 6 community mentor program as provided for in Section 7 63-19-1430. The court may impose monetary restitution or 8 participation in supervised work or community service, or both, as 9 a condition of probation. The Department of Juvenile Justice, in 10 coordination with local community agencies, shall develop and 11 encourage employment of a constructive nature designed to make 12 reparation and to promote the rehabilitation of the child. When 13 considering the appropriate amount of monetary restitution to be 14 ordered, the court shall establish the monetary loss suffered by the 15 victim and then weigh and consider this amount against the 16 number of individuals involved in causing the monetary loss, the 17 child’s particular role in causing this loss, and the child’s ability to 18 pay the amount over a reasonable period of time. The Department 19 of Juvenile Justice shall develop a system for the transferring of 20 court-ordered restitution from the child to the victim or owner of 21 property injured, destroyed, or stolen. As a condition of probation 22 the court may impose upon the child a fine not exceeding two 23 hundred dollars when the offense is one in which a magistrate, 24 municipal, or circuit court judge has the authority to impose a fine. 25 A fine may be imposed when commitment is suspended but not in 26 addition to commitment; 27 (4) order the child to participate in a community mentor 28 program as provided in Section 63-19-1430; 29 (5) commit the child to the custody or to the guardianship of 30 a public or private institution or agency authorized to care for 31 children or to place them in family homes or under the 32 guardianship of a suitable person. Commitment must be for an 33 indeterminate period but in no event beyond the child’s 34 twenty-first birthday; 35 (6) require that a child under twelve years of age who is 36 adjudicated delinquent for an offense listed in Section 23-3-430(C) 37 be given appropriate psychiatric or psychological treatment to 38 address the circumstances of the offense for which the child was 39 adjudicated; and 40 (7) dismiss the petition or otherwise terminate its jurisdiction 41 at any time on the motion of either party or on its own motion. 42 (B) Whenever the court commits a child to an institution or 43 agency, it shall transmit with the order of commitment a summary

1 [4747] 352 1 of its information concerning the child, and the institution or 2 agency shall give to the court information concerning the child 3 which the court may require. Counsel of record, if any, must be 4 notified by the court of an adjudication under this section, and in 5 the event there is no counsel of record, the child or the child’s 6 parents or guardian must be notified of the adjudication by regular 7 mail from the court to the last address of the child or the child’s 8 parents or guardian. 9 (C) No adjudication by the court of the status of a child is a 10 conviction, nor does the adjudication operate to impose civil 11 disabilities ordinarily resulting from conviction, nor may a child be 12 charged with crime or convicted in a court, except as provided in 13 Section 63-19-1210(6). The disposition made of a child or any 14 evidence given in court does not disqualify the child in a future 15 civil service application or appointment. 16 17 Section 63-19-1420. (A) If a child is adjudicated delinquent 18 for a status offense or is found in violation of a court order relating 19 to a status offense, the court may suspend or restrict the child’s 20 driver’s license until the child’s seventeenth birthday. 21 (B) If a child is adjudicated delinquent for violation of a 22 criminal offense or is found in violation of a court order relating to 23 a criminal offense or is found in violation of a term or condition of 24 probation, the court may suspend or restrict the child’s driver’s 25 license until the child’s eighteenth birthday. 26 (C) If the court suspends the child’s driver’s license, the child 27 must submit the license to the court, and the court shall forward 28 the license to the Department of Motor Vehicles for license 29 suspension. However, convictions not related to the operation of a 30 motor vehicle shall not result in increased insurance premiums. 31 (D) If the court restricts the child’s driver’s license, the court 32 may restrict the child’s driving privileges to driving only to and 33 from school or to and from work or as the court considers 34 appropriate. Upon the court restricting a child’s driver’s license, 35 the child must submit the license to the court and the court shall 36 forward the license to the Department of Motor Vehicles for 37 reissuance of the license with the restriction clearly noted. 38 (E) Notwithstanding the definition of a ‘child’ as provided for 39 in Section 63-19-20, the court may suspend or restrict the driver’s 40 license of a child under the age of seventeen until the child’s 41 eighteenth birthday if subsection (B) applies. 42 (F) Upon suspending or restricting a child’s driver’s license 43 under this section, the family court judge shall complete a form

1 [4747] 353 1 provided by and which must be remitted to the Department of 2 Motor Vehicles. 3 4 Section 63-19-1430. (A) This section may be cited as the 5 ‘Youth Mentor Act’. 6 (B) The Attorney General’s Office shall establish a Youth 7 Mentor Program to serve juvenile offenders under the jurisdiction 8 of the family court. The program shall consist of a church mentor 9 program and a community mentor program. Participation in the 10 program may be required as a pretrial diversion option by a 11 solicitor or as an optional, alternative disposition by a family court 12 judge. The circuit solicitor may charge a juvenile offender who 13 participates in the Youth Mentor Program a fee to offset the actual 14 cost of administering the program; however, no juvenile offender 15 is barred from the program because of indigence. This program 16 must be available for juveniles who commit nonviolent offenses. 17 For purposes of this subsection, nonviolent offenses mean all 18 offenses not listed in Section 16-1-60. 19 (C) When a child is charged with a nonviolent offense which 20 places him under the jurisdiction of the family court and the 21 solicitor is of the opinion that justice would be better served if the 22 child completed a church mentor program, the solicitor may divert 23 the child to such a program. Upon completion of the program, the 24 proceedings in family court must be dismissed. 25 Participation in the church mentor program is voluntary, and the 26 child or his parents or guardians may refuse to participate based 27 upon their religious beliefs or for any other reason. 28 The Attorney General must establish guidelines for the program, 29 the mentors, and the churches, mosques, masjids, synagogues, and 30 other religious organizations that participate in the church mentor 31 program. 32 (D) When a child is adjudicated delinquent for a nonviolent 33 offense in family court, the family court judge may order the child 34 to participate in the community mentor program. When a child is 35 ordered to participate in the community mentor program, he must 36 be assigned to a community organization which shall assign a 37 mentor to the child. The mentor shall monitor the academic and 38 personal development of the child for a minimum period of six 39 months and a maximum period not exceeding one year as ordered 40 by the court. Failure to complete the program shall result in the 41 child being brought before the family court for appropriate 42 sanctions or revocation of suspended commitment.

1 [4747] 354 1 The Attorney General must establish guidelines for the program, 2 the mentors, and the community organizations that participate in 3 the community mentor program. 4 5 Section 63-19-1440. (A) A child, after the child’s twelfth 6 birthday and before the seventeenth birthday or while under the 7 jurisdiction of the family court for disposition of an offense that 8 occurred prior to the child’s seventeenth birthday, may be 9 committed to the custody of the Department of Juvenile Justice 10 which shall arrange for placement in a suitable corrective 11 environment. Children under the age of twelve years may be 12 committed only to the custody of the department which shall 13 arrange for placement in a suitable corrective environment other 14 than institutional confinement. No child under the age of 15 seventeen years may be committed or sentenced to any other penal 16 or correctional institution of this State. 17 (B) All commitments to the custody of the Department of 18 Juvenile Justice for delinquency as opposed to the conviction of a 19 specific crime may be made only for the reasons and in the manner 20 prescribed in Sections 63-3-510, 63-3-520, 63-3-580, 63-3-600, 21 63-3-650, and this chapter, with evaluations made and proceedings 22 conducted only by the judges authorized to order commitments in 23 this section. When a child is committed to the custody of the 24 department, commitment must be for an indeterminate sentence, 25 not extending beyond the twenty-first birthday of the child unless 26 sooner released by the department, or for a determinate 27 commitment sentence not to exceed ninety days. 28 (C) The court, before committing a child as a delinquent or as a 29 part of a sentence including commitments for contempt, shall order 30 a community evaluation or temporarily commit the child to the 31 Department of Juvenile Justice for not more than forty-five days 32 for evaluation. A community evaluation is equivalent to a 33 residential evaluation, but it is not required to include all 34 components of a residential evaluation. However, in either 35 evaluation the department shall make a recommendation to the 36 court on the appropriate disposition of the case and shall submit 37 that recommendation to the court before final disposition. The 38 court may waive in writing the evaluation of the child and proceed 39 to issue final disposition in the case if the child: 40 (1) has previously received a residential evaluation or a 41 community evaluation and the evaluation is available to the court; 42 (2) has been within the past year temporarily or finally 43 discharged or conditionally released for parole from a correctional

1 [4747] 355 1 institution of the department, and the child’s previous evaluation or 2 other equivalent information is available to the court; or 3 (3) receives a determinate commitment sentence not to 4 exceed ninety days. 5 (D) When a juvenile is adjudicated delinquent or convicted of a 6 crime or has entered a plea of guilty or nolo contendere in a court 7 authorized to commit to the custody of the Department of Juvenile 8 Justice, the juvenile may be committed for an indeterminate period 9 until the juvenile has reached age twenty-one or until sooner 10 released by the releasing entity or released by order of a judge of 11 the Supreme Court or the circuit court of this State, rendered at 12 chambers or otherwise, in a proceeding in the nature of an 13 application for a writ of habeas corpus. A juvenile who has not 14 been paroled or otherwise released from the custody of the 15 department by the juvenile’s nineteenth birthday must be 16 transferred to the custody and authority of the Youthful Offender 17 Division of the Department of Corrections. If not sooner released 18 by the releasing entity, the juvenile must be released by age 19 twenty-one according to the provisions of the juvenile’s 20 commitment; however, notwithstanding the above provision, any 21 juvenile committed as an adult offender by order of the court of 22 general sessions must be considered for parole or other release 23 according to the laws pertaining to release of adult offenders. 24 (E) A juvenile committed to the Department of Juvenile Justice 25 following an adjudication for a violent offense contained in 26 Section 16-1-60 or for the offense of assault and battery of a high 27 and aggravated nature, who has not been paroled or released from 28 the custody of the department by his seventeenth birthday must be 29 transferred to the custody and authority of the Youthful Offender 30 Division of the Department of Corrections. A juvenile who has 31 not been paroled or released from the custody of the department by 32 his nineteenth birthday must be transferred to the custody and 33 authority of the Youthful Offender Division of the Department of 34 Corrections at age nineteen. If not released sooner by the Board of 35 Juvenile Parole, a juvenile transferred pursuant to this subsection 36 must be released by his twenty-first birthday according to the 37 provisions of his commitment. Notwithstanding the above 38 provision, a juvenile committed as an adult offender by order of 39 the court of general sessions must be considered for parole or other 40 release according to the laws pertaining to release of adult 41 offenders. 42 (F) Notwithstanding subsections (A) and (E), a child may be 43 committed to the custody of the Department of Juvenile Justice or

1 [4747] 356 1 to a secure evaluation center operated by the department for a 2 determinate period not to exceed ninety days when: 3 (1) the child has been adjudicated delinquent by a family 4 court judge for a status offense, as defined in Section 63-19-20, 5 excluding truancy, and the order acknowledges that the child has 6 been afforded all due process rights guaranteed to a child offender; 7 (2) the child is in contempt of court for violation of a court 8 order to attend school or an order issued as a result of the child’s 9 adjudication of delinquency for a status offense, as defined in 10 Section 63-19-20; or 11 (3) the child is determined by the court to have violated the 12 conditions of probation set forth by the court in an order issued as 13 a result of the child’s adjudication of delinquency for a status 14 offense, as defined in Section 63-19-20 including truancy. 15 Orders issued pursuant to this subsection must acknowledge: 16 (a) that the child has been advised of all due process rights 17 afforded to a child offender; and 18 (b) that the court has received information from the 19 appropriate state or local agency or public entity that has reviewed 20 the facts and circumstances causing the child to be before the 21 court. 22 (G) A child committed under this section may not be confined 23 with a child who has been determined by the department to be 24 violent. 25 26 Section 63-19-1450. (A) No juvenile may be committed to an 27 institution under the control of the Department of Juvenile Justice 28 who is seriously handicapped by mental illness or retardation. If, 29 after a juvenile is referred to the Reception and Evaluation Center, 30 it is determined that the juvenile is mentally ill, as defined in 31 Section 44-23-10, or mentally retarded to an extent that the 32 juvenile could not be properly cared for in its custody, the 33 department through the voluntary admission process or by 34 instituting necessary legal action may accomplish the transfer of 35 the juvenile to another state agency which in its judgment is best 36 qualified to care for the juvenile in accordance with the laws of 37 this State. This legal action must be brought in the juvenile’s 38 resident county. The department shall establish standards with 39 regard to the physical and mental health of juveniles whom it can 40 accept for commitment. 41 (B) When the state agency to which a juvenile is transferred 42 determines that it is appropriate to release from commitment that 43 juvenile, the state agency must submit a request for release to the

1 [4747] 357 1 releasing entity. If the releasing entity does not grant the request 2 to release the juvenile, the juvenile must be placed in an 3 environment consistent with the provisions of this section. 4 (C) If a juvenile transferred to another state agency pursuant to 5 this section is absent from a treatment facility without proper 6 authorization, any state or local law enforcement officer upon the 7 request of the director, or a designee, of the state agency to which 8 the juvenile has been transferred and without the necessity of a 9 warrant or a court order, may take the juvenile into custody and 10 return the juvenile to the facility designated by the agency director 11 or the designee. 12 13 Section 63-19-1460. A child committed under the terms of this 14 chapter must be conveyed by the sheriff, deputy sheriff, or persons 15 appointed by the sheriff of the county in which the child resides to 16 the custody of the department, and the expense of the conveyance 17 and delivery must be borne by the county. The committing judge 18 may order that the child be transferred to the custody of the 19 department without the attendance of an officer or in a manner as 20 may be advisable. 21 22 Section 63-19-1470. Notwithstanding any other provision of 23 law, an adult sentenced for more than ninety days under this 24 chapter may serve the time in a minimum security state facility. 25 26 Article 15 27 28 Department’s Commitment Responsibilities 29 30 Section 63-19-1610. From the time of lawful reception of a 31 child by the Department of Juvenile Justice and during the child’s 32 stay in custody in a correctional institution, facility, or program 33 operated by the department, the child shall be under the exclusive 34 care, custody, and control of the department. All expenses must be 35 borne by the State except as otherwise provided by law. 36 37 Section 63-19-1620. From the time of the lawful reception of a 38 child into custody by the department and during the period of the 39 custody, the department shall provide for, either solely or in 40 cooperation with other agencies, the care, custody, and control of 41 the child, as well as make available instruction as may be suited to 42 the child’s years and capacity that will enable the child to learn a 43 useful trade.

1 [4747] 358 1 2 Section 63-19-1630. A child committed to an institution under 3 the provisions of this chapter may be transferred by the department 4 to an institution, facility, or vocational training center under its 5 jurisdiction. 6 7 Section 63-19-1640. The department may grant furloughs, not 8 to exceed thirty days, under prescribed conditions to children 9 domiciled in its custody unaccompanied by a custodial agent. 10 Failure by the child to return from a furlough as directed must be 11 deemed an escape. 12 13 Section 63-19-1650. (A) The Department of Juvenile Justice, 14 when authorized by an order of a circuit judge, must, after notice 15 to the Department of Corrections, temporarily shall transfer to the 16 custody of the Youthful Offender Division a child who has been 17 committed to the custody of the department who is more than 18 seventeen years of age and whose presence in the custody of the 19 Department of Juvenile Justice appears to be seriously detrimental 20 to the welfare of others in custody. The Director of the 21 Department of Corrections shall receive these children and shall 22 properly care for them. Each child transferred to the Youthful 23 Offender Division is subject to all the rules and discipline of the 24 division. Children transferred to the Youthful Offender Division 25 pursuant to this section are under the authority of the division but 26 are subject to release Board of Juvenile Parole. 27 (B) The Youthful Offender Division at least quarterly shall 28 recommend to the parole board possible release of each child 29 transferred to the department or the child’s return to institutions of 30 the Department of Juvenile Justice. 31 32 Section 63-19-1660. (A) It is unlawful for a person to: 33 (1) cause, aid, encourage, or influence a child who is a ward 34 of the Department of Juvenile Justice to: 35 (a) enter or remain in a house of prostitution or a house or 36 lodging place used for immoral purposes or gambling place; 37 (b) violate a law of this State or ordinance of a city; 38 (c) indulge in vicious or immoral conduct; or 39 (d) violate the child’s conditional release or run away 40 from the supervision of the Department of Juvenile Justice. 41 (2) harbor a child who has escaped from authorities or who 42 is running away from their supervision.

1 [4747] 359 1 (B) A person who violates this section is guilty of a 2 misdemeanor and, upon conviction, must be fined not more than 3 five hundred dollars or imprisoned for not more than six months, 4 or both. 5 6 Section 63-19-1670. (A) While on the institutional grounds of 7 the department, it is unlawful to furnish, attempt to furnish, or to 8 possess with the intent to furnish, contraband to a juvenile 9 committed to the custody of the Department of Juvenile Justice. 10 ‘Juvenile’, for purposes of this section, is defined as a person 11 committed to the custody of the Department of Juvenile Justice. It 12 is unlawful for a juvenile committed to the custody of the 13 department to possess contraband. 14 (B) For purposes of this section, ‘contraband’ is defined as: 15 (1) a device which may be used as a weapon including, but 16 not limited to, firearms, knives, blades, clubs, or billies; 17 (2) drugs of any type or description including, but not 18 limited to, marijuana, cocaine, and any other controlled substance 19 as listed in Chapter 53 of Title 44, for which a juvenile does not 20 possess a current lawful prescription; 21 (3) poisons or other dangerous chemicals which can cause 22 injury or death; 23 (4) flammable liquids of any type including, but not limited 24 to, gasoline, kerosene, or lighter fluid; 25 (5) any type of alcohol and any liquid containing any 26 concentration of intoxicating alcohol; 27 (6) keys, locks, or tools of any description not officially 28 issued to the juvenile by the department; or 29 (7) any additional items determined to be contraband by the 30 Director of the Department of Juvenile Justice. 31 (C) If the director determines any additional items to be 32 contraband, a list of these items must be published and posted in 33 conspicuous places so as to be seen readily by a person entering 34 the institutional grounds or on the institutional grounds of the 35 Department of Juvenile Justice. 36 (D) An adult found violating this section is guilty of a felony 37 and, upon conviction, must be fined not less than one thousand 38 dollars nor more than ten thousand dollars or imprisoned for not 39 less than one year nor more than ten years, or both. 40 41 Section 63-19-1680. Whenever a child is committed by the 42 court to custody other than that of the child’s parents or is given 43 medical, psychological, or psychiatric treatment under order of the

1 [4747] 360 1 court, the solicitor of the county where the child is a resident may 2 petition the court to order the parent or parents of the child to pay 3 child support when the child is committed to or detained in the 4 custody of an approved local detention facility or the Department 5 of Juvenile Justice. If the parents of the child are living apart, the 6 court shall pursue child support payments from both parents. The 7 court, after giving the parent a reasonable opportunity to be heard, 8 may order the parent to pay, in the manner the court directs, in 9 accordance with child support guidelines promulgated by the 10 Department of Social Services to cover in whole or in part the 11 support and treatment of the child. In making its determination 12 whether to order child support, the court shall consider the conduct 13 of the parent in supervising and providing care for the child. If the 14 parent wilfully fails or refuses to pay the amount ordered, the court 15 may proceed against the parent for contempt. 16 17 Article 17 18 19 Parole and Aftercare 20 21 Section 63-19-1810. (A) The release and revocation of release 22 of juveniles adjudicated delinquent and committed to the 23 department must be determined by: 24 (1) the department for juveniles adjudicated delinquent and 25 committed after March 31, 2007, for an indeterminate period for a 26 status offense or a misdemeanor, other than assault and battery of a 27 high and aggravated nature or assault with intent to kill, and for 28 juveniles who have violated probation for a status offense or a 29 misdemeanor, other than assault and battery of a high and 30 aggravated nature or assault with intent to kill; 31 (2) the Board of Juvenile Parole for juveniles adjudicated 32 delinquent and committed for an offense other than an offense 33 provided for in item (1). 34 (B) For purposes of this chapter, ‘releasing entity’ means: 35 (1) the department for juveniles described in subsection (A) 36 (1); 37 (2) the Board of Juvenile Parole for juveniles described in 38 subsection (A)(2). 39 40 Section 63-19-1820. (A)(1) The Board of Juvenile Parole shall 41 meet monthly, and at other times as may be necessary, to review 42 the records and progress of juveniles committed to the custody of 43 the Department of Juvenile Justice, for whom the board is the

1 [4747] 361 1 releasing entity, for the purpose of deciding the release or 2 revocation of release of these juveniles. The board shall make 3 periodic inspections, at least quarterly, of the records of these 4 juveniles and may issue temporary and final discharges or release 5 these juveniles conditionally and prescribe conditions for release 6 into aftercare. 7 (2)(a) It is the right of a juvenile who has not committed a 8 violent offense, as defined by Section 16-1-60, and for whom the 9 board is the releasing entity, to appear personally before the board 10 every three months for the purpose of parole consideration, but no 11 appearance may begin until the board determines that an 12 appropriate period of time has elapsed since the juvenile’s 13 commitment. 14 (b) The board may waive the quarterly review of juveniles 15 committed to the department, for whom the board is the releasing 16 entity, for the commission of a violent crime, as defined in Section 17 16-1-60, until the juvenile reaches the minimum parole guidelines 18 the board establishes for the juvenile. At that point, the board may 19 schedule its first review of the juvenile from three months up to 20 twelve months after the juvenile reaches the minimum parole 21 guidelines established by the board. The scheduling of subsequent 22 reviews is in the discretion of the board but must occur within 23 three to twelve months of the juvenile’s last appearance. 24 (3) In order to allow reviews and appearances by juveniles, 25 for whom the board is the releasing entity, the board may assign 26 the members or individuals to meet in panels of not less than three 27 members or individuals, to receive progress reports and 28 recommendations, review cases, meet with juveniles, meet with 29 counselors, and to hear matters and consider cases for release, 30 parole, and parole revocation. Membership on these panels must 31 be periodically rotated on a random basis. At the meetings of the 32 panels, a unanimous vote must be considered the final decision. A 33 panel vote that is not unanimous must not be considered as a final 34 decision, and the matter must be referred to the full parole board, 35 which shall determine the matter by a majority vote of its 36 membership. 37 (4) The board may conduct parole hearings by means of a 38 two-way, closed circuit television system. 39 (5) The board shall develop written guidelines for the 40 consideration of parole release of juveniles committed to the 41 department for offenses for which the parole board is the releasing 42 entity.

1 [4747] 362 1 The board shall provide these guidelines to juveniles, for whom 2 the board is the releasing entity, upon commitment and 3 periodically reviewed with each juvenile to assess the progress 4 made toward achieving release on parole. 5 (B) In the cases of juveniles for whom the department is the 6 releasing entity, the department shall establish policies and 7 procedures governing the review and release procedures for these 8 juveniles. 9 (C) In the determination of the type of discharges or 10 conditional releases granted, the releasing entity shall consider the 11 interests of the person involved and the interests of society and 12 shall employ the services of and consult with the personnel of the 13 Department of Juvenile Justice. The releasing entity may from 14 time to time modify the conditions of discharges or conditional 15 releases previously granted. 16 17 Section 63-19-1830. The parole board shall permit legal 18 representation of a juvenile who appears before it for the purpose 19 of parole or parole revocation. The department shall allocate funds 20 to contract with a public defender corporation or similar type legal 21 program for legal assistance for the purpose of appearing before 22 the parole board for a juvenile who desires this service but who 23 cannot either personally or through the juvenile’s family afford the 24 assistance. 25 26 Section 63-19-1840. (A) The department shall conduct 27 aftercare investigations to determine suitable placement for 28 juveniles considered for conditional release from the correctional 29 schools. The department also shall supervise the aftercare 30 program, making revocation investigations and submitting findings 31 to the releasing entity. 32 (B) The director and such staff as the director shall designate in 33 the performance of their duties of investigation, counseling and 34 supervision, and revocation investigations are considered official 35 representatives of the releasing entity. 36 (C) The directors and their staff are subject to the regulations 37 for parole and parole revocation promulgated by the releasing 38 entity and shall meet with the releasing entity at its meetings when 39 requested. Community-based counselors, or their supervisors, 40 with assigned clients committed to institutions of the department 41 shall periodically visit the institutions in order to counsel their 42 clients and accomplish the duties as outlined in this subarticle.

1 [4747] 363 1 (D) Recognizing the need to maintain autonomy and to provide 2 a check and balance system, the parole board shall employ a 3 director of parole and other staff necessary to carry out the duties 4 of parole examinations, victim liaison, and revocation hearings. 5 The director serves at the will and pleasure of the parole board. 6 All staff are employees of the parole board and are directly 7 responsible to the parole board both administratively and 8 operationally. Funds allocated for the functions designated in this 9 section must be incorporated as a line item within the department’s 10 budget and are subject to administrative control by the parole 11 board. 12 (E) The department shall continue to provide the budgetary, 13 fiscal, personnel, and training information resources and other 14 support considered necessary by the parole board to perform its 15 mandated functions. 16 17 Section 63-19-1850. (A) A juvenile who shall have been 18 conditionally released from a correctional facility shall remain 19 under the authority of the releasing entity until the expiration of 20 the specified term imposed in the juvenile’s conditional aftercare 21 release. The specified period of conditional release may expire 22 before but not after the twenty-first birthday of the juvenile. Each 23 juvenile conditionally released is subject to the conditions and 24 restrictions of the release and may at any time on the order of the 25 releasing entity be returned to the custody of a correctional 26 institution for violation of aftercare rules or conditions of release. 27 (B) As a condition of release, the releasing entity may enforce 28 participation in restitution, work ordered by the court, and 29 community service programs established or approved by the 30 Department of Juvenile Justice. 31 32 Section 63-19-1860. (A) At any time during the period of 33 conditional release, an aftercare counselor or the counselor’s 34 supervisor or a probation or parole agent may issue or cause to be 35 issued a warrant for the juvenile to be taken into custody for 36 violating any of the conditions of the release. A police officer or 37 other officer with power to arrest, upon request of an aftercare 38 counselor or a probation or parole agent, may take the juvenile into 39 custody. The arresting officer shall obtain a warrant signed by the 40 aftercare counselor or a probation or parole agent setting forth that 41 the juvenile, in the counselor’s judgment, violated the conditions 42 of the release which is authority for the detention of the juvenile in 43 an appropriate place of detention. If an aftercare release

1 [4747] 364 1 revocation is necessary, the aftercare counselor or a probation or 2 parole agent shall submit in writing a thorough report to the 3 releasing entity, showing in what manner the delinquent juvenile 4 has violated the conditional release. A juvenile returned to the 5 custody of a correctional school by aftercare revocation shall have 6 a hearing or review of the juvenile’s case by the releasing entity. 7 The releasing entity is the final authority to determine whether or 8 not the juvenile failed to abide by the aftercare rules and 9 conditions of release. 10 (B) An aftercare counselor or probation or parole agent who 11 has successfully completed Class I or II law enforcement officer 12 training and received a certificate from the Department of Public 13 Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23 14 has the power, when commissioned by the department, to take a 15 juvenile conditionally released from the custody of the department 16 and subject to the jurisdiction of the releasing entity into custody 17 upon the issuance of a warrant for violating the conditions of his 18 release. 19 20 Section 63-19-1870. The order of revocation of a conditional 21 release may be issued and made effective after the period of 22 aftercare supervision prescribed in the release has expired when 23 the violations of the conditions or release occurred during the 24 aftercare supervision period. 25 26 Section 63-19-1880. (A) To be eligible for appointment as a 27 probation counselor, an applicant must possess: 28 (1) a college degree involving special training in the field of 29 social science or its equivalent; 30 (2) a personality and character as would render the applicant 31 suitable for the functions of the office. 32 (B) Probation counselors shall live in districts as determined by 33 the director. Each counselor periodically shall visit the schools 34 under the supervision of the Department of Juvenile Justice and 35 become familiar with the records, background, and needs of the 36 children and shall make periodic reports to the school. 37 (C)(1) The duties of probation counselors include: 38 (a) conducting an investigation of the child and the child’s 39 home as may be required by the court; 40 (b) being present in court at the hearing of cases; 41 (c) furnishing to the court information and assistance as 42 the judge may require; and

1 [4747] 365 1 (d) taking charge of a child before and after hearings as 2 may be directed by the court. 3 (2) During the probationary period of a child and during the 4 time that the child may be committed to an institution or to the 5 care of an association or person for custodial or disciplinary 6 purposes, the child is always subject to visitation by the probation 7 counselors or other agents of the court. 8 (D) A probation counselor who has successfully completed 9 Class I or II law enforcement officer training and received a 10 certificate from the Department of Public Safety pursuant to the 11 provisions of Article 9, Chapter 6 of Title 23 has the authority, 12 when commissioned by the department, in the execution of his 13 duties, to take a child under the jurisdiction of the family court into 14 custody pursuant to an order issued by the court directing that the 15 child be taken into custody. 16 (E) In the performance of the duties of probation, parole, 17 community supervision, and investigation, the probation counselor 18 is regarded as the official representative of the court, the 19 department, and the Juvenile Parole Board. 20 21 Article 19 22 23 Juvenile Records 24 25 Section 63-19-2010. The court shall make and keep records of 26 all cases brought before it. The records of the court are confidential 27 and open to inspection only by court order to persons having a 28 legitimate interest in the records and to the extent necessary to 29 respond to that legitimate interest. These records must always be 30 available to the legal counsel of the child and are open to 31 inspection without a court order where the records are necessary to 32 defend against an action initiated by a child. 33 34 Section 63-19-2020. (A) Except as provided herein, all 35 information obtained and records prepared in the discharge of 36 official duty by an employee of the court or department are 37 confidential and must not be disclosed directly or indirectly to 38 anyone, other than the judge, the child’s attorney, or others entitled 39 under this chapter or any other provision of law to receive this 40 information, unless otherwise ordered by the court. The court may 41 order the records be disclosed to a person having a legitimate 42 interest and to the extent necessary to respond to that legitimate 43 interest. However, these records are open to inspection without a

1 [4747] 366 1 court order where the records are necessary to defend against an 2 action initiated by a child. 3 (B) The director of the department must develop policies 4 providing for the transmission of necessary and appropriate 5 information to ensure the provision and coordination of services or 6 assistance to a child under the custody or supervision of the 7 department. This information must include that which is required 8 for the admission or enrollment of a child into a program of 9 services, treatment, training, or education. The information may be 10 provided to another department or agency of state or local 11 government, a school district, or a private institution or facility 12 licensed by the State as a child-serving organization. This 13 information may be summarized in accordance with agency policy. 14 (C) The director is authorized to enter into interagency 15 agreements for purposes of sharing information about children 16 under the supervision or in the custody of the department. The 17 agencies entering into these agreements must maintain the 18 confidentiality of the information. 19 (D) Reports and recommendations produced by the department 20 for the court for the purpose of a dispositional hearing must be 21 disseminated by the agency to the court, the solicitor, and the 22 child’s attorney. 23 (E)(1) The department must notify the principal of a school in 24 which a child is enrolled, intends to be enrolled, or was last 25 enrolled upon final disposition of a case in which the child is 26 charged with any of the following offenses: 27 (a) a violent crime, as defined in Section 16-1-60; 28 (b) a crime in which a weapon, as defined in Section 29 59-63-370, was used; 30 (c) assault and battery against school personnel, as 31 defined in Section 16-3-612; 32 (d) assault and battery of a high and aggravated nature 33 committed on school grounds or at a school-sponsored event 34 against any person affiliated with the school in an official capacity; 35 or 36 (e) distribution or trafficking in unlawful drugs, as defined 37 in Article 3, Chapter 53 of Title 44. 38 (2) Each school district is responsible for developing a 39 policy for schools within the district to follow to ensure that the 40 confidential nature of a child offense history and other information 41 received is maintained. This policy must provide for, but is not 42 limited to:

1 [4747] 367 1 (a) the retention of the child offense history and other 2 information relating to the child offense history in the child’s 3 school disciplinary file or in some other confidential location; 4 (b) the destruction of the child offense history upon the 5 child’s completion of secondary school or upon reaching 6 twenty-one years of age; and 7 (c) limiting access to the child’s school disciplinary file to 8 school personnel. This access must only occur when necessary and 9 appropriate to meet and adequately address the educational needs 10 of the child. 11 (F) When requested, the department must provide the victim of 12 a crime with the name of the child and the following information 13 retained by the department concerning the child charged with the 14 crime: 15 (1) other basic descriptive information, including but not 16 limited to, a photograph; 17 (2) information about the juvenile justice system; 18 (3) the status and disposition of the delinquency action 19 including hearing dates, times, and locations; 20 (4) services available to victims of child crime; and 21 (5) recommendations produced by the department for the 22 court for the purpose of a dispositional hearing. 23 (G) The department or the South Carolina Law Enforcement 24 Division, or both, must provide to the Attorney General, a 25 solicitor, or a law enforcement agency, upon request, a copy of a 26 child offense history for criminal justice purposes. This 27 information must not be disseminated except as authorized in 28 Section 63-19-2030. The department and the South Carolina Law 29 Enforcement Division must maintain the child offense history of a 30 person for the same period as for offenses committed by an adult. 31 (H) Other information retained by the department may be 32 provided to the Attorney General, a solicitor, or a law enforcement 33 agency pursuant to an ongoing criminal investigation or 34 prosecution. 35 (I) The department may fingerprint and photograph a child 36 upon the filing of a petition, release from detention, release on 37 house arrest, or commitment to a juvenile correctional institution. 38 Fingerprints and photographs taken by the department remain 39 confidential and must not be transmitted to the State Law 40 Enforcement Division, the Federal Bureau of Investigation, or 41 another agency or person, except for the purpose of: 42 (1) aiding the department in apprehending an escapee from 43 the department;

1 [4747] 368 1 (2) assisting the Missing Persons Information Center in the 2 location or identification of a missing or runaway child; 3 (3) locating and identifying a child who fails to appear in 4 court as summoned; 5 (4) locating a child who is the subject of a house arrest 6 order; or 7 (5) as otherwise provided in this section. 8 (J) Nothing in this section shall be construed to waive any 9 statutory or common law privileges attached to the department’s 10 internal reports or to information contained in the file of a child 11 under the supervision or custody of the department. 12 13 Section 63-19-2030. (A) Except as provided herein, law 14 enforcement records and information identifying children pursuant 15 to this chapter are confidential and may not be disclosed directly or 16 indirectly to anyone, other than those entitled under this chapter to 17 receive the information. 18 (B) Law enforcement records of children must be kept separate 19 from records of adults. Information identifying a child must not be 20 open to public inspection, but the remainder of these records are 21 public records. 22 (C) Law enforcement agencies must maintain admission and 23 release records on children held in secure custody, nonsecure 24 custody, or both. The records must include the times and dates of 25 admission and release from secure and nonsecure custody and, if 26 appropriate, the times and dates of transfer from one custody status 27 to another. 28 (D) Law enforcement information or records of children 29 created pursuant to the provisions of this chapter may be shared 30 among law enforcement agencies, solicitors’ offices, the Attorney 31 General, the department, the Department of Mental Health, the 32 Department of Corrections, and the Department of Probation, 33 Parole and Pardon Services for criminal justice purposes without a 34 court order. 35 (E) Incident reports in which a child is the subject are to be 36 provided to the victim of a crime pursuant to Section 16-3-1520. 37 Incident reports, including information identifying a child, must be 38 provided by law enforcement to the principal of the school in 39 which the child is enrolled when the child has been charged with 40 any of the following offenses: 41 (1) a violent crime, as defined in Section 16-1-60; 42 (2) an offense that would carry a maximum term of 43 imprisonment of fifteen years or more if committed by an adult;

1 [4747] 369 1 (3) a crime in which a weapon, as defined in Section 2 59-63-370, was used; 3 (4) assault and battery against school personnel, as defined 4 in Section 16-3-612; 5 (5) assault and battery of a high and aggravated nature 6 committed on school grounds or at a school-sponsored event 7 against any person affiliated with the school in an official capacity; 8 or 9 (6) distribution or trafficking in unlawful drugs, as defined 10 in Article 3, Chapter 53 of Title 44. 11 Incident reports involving other offenses must be provided upon 12 request of the principal. This information must be maintained by 13 the principal in the manner set forth in Section 63-19-2020(E) and 14 must be forwarded with the child’s permanent school records if the 15 child transfers to another school or school district. 16 (F) A child charged with any offense may be photographed by 17 the law enforcement agency that takes the child into custody. If the 18 child is taken into secure custody and detained, the detention 19 facility must photograph the child upon admission. These 20 photographs may only be disseminated for criminal justice 21 purposes or to assist the Missing Persons Information Center in the 22 location or identification of a missing or runaway child. 23 (G) A child charged with an offense that would carry a 24 maximum term of imprisonment of five years or more if 25 committed by an adult must be fingerprinted by the law 26 enforcement agency that takes the child into custody. If the child is 27 taken into secure custody and detained, the detention facility must 28 fingerprint the child upon admission. In addition, a law 29 enforcement agency may petition the court for an order to 30 fingerprint a child when: 31 (1) the child is charged with any other offense; or 32 (2) the law enforcement agency has probable cause to 33 suspect the child of committing any offense. 34 (H) The fingerprint records of a child must be kept separate 35 from the fingerprint records of adults. The fingerprint records of a 36 child must be transmitted to the files of the State Law Enforcement 37 Division. 38 (I) The fingerprint records of a child may be transmitted by the 39 State Law Enforcement Division to the files of the Federal Bureau 40 of Investigation only when the child has been adjudicated 41 delinquent for having committed an offense that would carry a 42 maximum term of imprisonment of five years or more if 43 committed by an adult.

1 [4747] 370 1 (J) The fingerprint records of a child adjudicated delinquent 2 for an offense that would carry a maximum term of imprisonment 3 of five years or more if committed by an adult must be provided by 4 the State Law Enforcement Division or the law enforcement 5 agency who took the child into custody to a law enforcement 6 agency upon request by that agency for criminal justice purposes 7 or to assist the Missing Person Information Center in the location 8 or identification of a missing or runaway child. 9 (K) The fingerprints and any record created by the South 10 Carolina Law Enforcement Division as a result of the receipt of 11 fingerprints of a child pursuant to this section must not be 12 disclosed for any purpose not specifically authorized by law or 13 court order. 14 (L) Upon notification that a child has not been adjudicated 15 delinquent for an offense that would carry a maximum term of 16 imprisonment of five years or more if committed by an adult, the 17 South Carolina Law Enforcement Division and the law 18 enforcement agency who took the child into custody must destroy 19 the fingerprints and all records created as a result of such 20 information. 21 22 Section 63-19-2040. (A) The name, identity, or picture of a 23 child under the jurisdiction of the court, pursuant to this chapter, 24 must not be provided to a newspaper or radio or television station 25 unless: 26 (1) authorized by court order; 27 (2) the solicitor has petitioned the court to waive the child to 28 circuit court; 29 (3) the child has been bound over to a court which would 30 have jurisdiction of the offense if committed by an adult; or 31 (4) the child has been adjudicated delinquent in court for one 32 of the following offenses: 33 (a) a violent crime, as defined in Section 16-1-60; 34 (b) grand larceny of a motor vehicle; 35 (c) a crime in which a weapon, as defined in Section 36 59-63-370, was used; or 37 (d) distribution or trafficking in unlawful drugs, as defined 38 in Article 3, Chapter 53 of Title 44. 39 (B) When a child is bound over to the jurisdiction of the circuit 40 court, the provisions of this section pertaining to the confidentiality 41 of fingerprints and identity do not apply.

1 [4747] 371 1 (C) The provisions of this section do not prohibit the 2 distribution of information pursuant to the provisions of Article 7, 3 Chapter 3 of Title 23. 4 5 Section 63-19-2050. (A) A person who has been taken into 6 custody for, charged with, or adjudicated delinquent for having 7 committed a status or a nonviolent offense may petition the court 8 for an order destroying all official records relating to: 9 (1) being taken into custody; 10 (2) the charges filed against the child; 11 (3) the adjudication; and 12 (4) disposition. 13 The granting of the order is in the court’s discretion. However, a 14 person may not petition the court if he has a prior adjudication for 15 an offense that would carry a maximum term of imprisonment of 16 five years or more if committed by an adult. In addition, the court 17 must not grant the order unless it finds that the person who is 18 seeking to have the records destroyed is at least eighteen years of 19 age, has successfully completed any dispositional sentence 20 imposed, and has not been subsequently charged with any criminal 21 offense. 22 (B) An adjudication for a violent crime, as defined in Section 23 16-1-60, must not be expunged. 24 (C) If the expungement order is granted by the court, no 25 evidence of the records may be retained by any law enforcement 26 agency or by any municipal, county, state agency, or department. 27 The effect of the order is to restore the person in the contemplation 28 of the law to the status the person occupied before being taken into 29 custody. No person to whom the order has been entered may be 30 held thereafter under any provision of any law to be guilty of 31 perjury or otherwise giving false statement by reason of failing to 32 recite or acknowledge the charge or adjudication in response to an 33 inquiry made of the person for any purpose. 34 (D) For purposes of this section, an adjudication is considered a 35 previous adjudication only if it occurred prior to the date the 36 subsequent offense was committed. 37 38 Article 21 39 40 Interstate Compact on Juveniles 41

1 [4747] 372 1 Section 63-19-2210. This section is repealed upon formation 2 of ‘The Interstate Compact for Juveniles’ pursuant to 2006 Act 3 No. 305, Section 2, 4 5 The State of South Carolina hereby contracts to enter into the 6 ‘Interstate Compact on Juveniles’ according to the terms set forth 7 in this article and solemnly agrees: 8 9 Subsection 1. That juveniles who are not under proper 10 supervision and control, or who have absconded, escaped or run 11 away, are likely to endanger their own health, morals and welfare, 12 and the health, morals and welfare of others. The cooperation of 13 the states party to this compact is therefore necessary to provide 14 for the welfare and protection of juveniles and of the public with 15 respect to (1) cooperative supervision of delinquent juveniles on 16 probation or parole; (2) the return, from one state to another, of 17 delinquent juveniles who have escaped or absconded; (3) the 18 return from one state to another of nondelinquent juveniles who 19 have run away from home; and (4) additional measures for the 20 protection of juveniles and of the public, which any two or more of 21 the party states may find desirable to undertake cooperatively. In 22 carrying out the provisions of this compact the party states shall be 23 guided by the noncriminal, reformative, and protective policies 24 which guide their laws concerning delinquent, neglected, or 25 dependent juveniles generally. It shall be the policy of the states 26 party to this compact to cooperate and observe their respective 27 responsibilities for the prompt return and acceptance of juveniles 28 and delinquent juveniles who become subject to the provisions of 29 this compact. The provisions of this compact shall be reasonably 30 and liberally construed to accomplish the foregoing purposes. 31 32 Subsection 2. That all remedies and procedures provided by this 33 compact shall be in addition to and not in substitution for other 34 rights, remedies and procedures, and shall not be in derogation of 35 parental rights and responsibilities. 36 37 Subsection 3. That, for the purposes of this compact, ‘delinquent 38 juvenile’ means any juvenile who has been adjudged delinquent 39 and who, at the time the provisions of this compact are invoked, is 40 still subject to the jurisdiction of the court that has made such 41 adjudication or to the jurisdiction or supervision of an agency or 42 institution pursuant to an order of such court; ‘probation or parole’ 43 means any kind of conditional release of juveniles authorized

1 [4747] 373 1 under the laws of the states party hereto; ‘court’ means any court 2 having jurisdiction over delinquent, neglected or dependent 3 children; ‘state’ means any state, territory or possession of the 4 United States, the District of Columbia, and the Commonwealth of 5 Puerto Rico; and ‘residence’ or any variant thereof means a place 6 at which a home or regular place of abode is maintained. 7 8 Subsection 4. (a) That the parent, guardian, person or agency 9 entitled to legal custody of a juvenile who has not been adjudged 10 delinquent but who has run away without the consent of such 11 parent, guardian, person or agency may petition the appropriate 12 court in the demanding state for the issuance of a requisition for 13 his return. The petition shall state the name and age of the 14 juvenile, the name of the petitioner, and the basis of entitlement to 15 the juvenile’s custody, the circumstances of his running away, his 16 location if known at the time application is made, and such other 17 facts as may tend to show that the juvenile who has run away is 18 endangering his own welfare or the welfare of others and is not an 19 emancipated minor. The petition shall be verified by affidavit, 20 shall be executed in duplicate, and shall be accompanied by two 21 certified copies of the document or documents on which the 22 petitioner’s entitlement to the juvenile’s custody is based, such as 23 birth certificates, letters of guardianship, or custody decrees. Such 24 further affidavits and other documents as may be deemed proper 25 may be submitted with such petition. The judge of the court to 26 which this application is made may hold a hearing thereon to 27 determine whether for the purposes of this compact the petitioner 28 is entitled to the legal custody of the juvenile, whether or not it 29 appears that the juvenile has in fact run away without consent, 30 whether or not he is an emancipated minor, and whether or not it is 31 in the best interest of the juvenile to compel his return to the state. 32 If the judge determines, either with or without a hearing, that the 33 juvenile should be returned, he shall present to the appropriate 34 court or to the executive authority of the state where the juvenile is 35 alleged to be located a written requisition for the return of such 36 juvenile. Such requisition shall set forth the name and age of the 37 juvenile, the determination of the court that the juvenile has run 38 away without the consent of a parent, guardian, person or agency 39 entitled to his legal custody, and that it is in the best interest and 40 for the protection of such juvenile that he be returned. In the event 41 that a proceeding for the adjudication of the juvenile as a 42 delinquent, neglected or dependent juvenile is pending in the court 43 at the time when such juvenile runs away, the court may issue a

1 [4747] 374 1 requisition for the return of such juvenile upon its own motion, 2 regardless of the consent of the parent, guardian, person or agency 3 entitled to legal custody, reciting therein the nature and 4 circumstances of the pending proceeding. The requisition shall in 5 every case be executed in duplicate and shall be signed by the 6 judge. One copy of the requisition shall be filed with the compact 7 administrator of the demanding state, there to remain on file 8 subject to the provisions of law governing records of such court. 9 Upon the receipt of a requisition demanding the return of a 10 juvenile who has run away, the court or the executive authority to 11 whom the requisition is addressed shall issue an order to any peace 12 officer or other appropriate person directing him to take into 13 custody and detain such juvenile. Such detention order must 14 substantially recite the facts necessary to the validity of its 15 issuance hereunder. No juvenile detained upon such order shall be 16 delivered over to the officer whom the court demanding him shall 17 have appointed to receive him, unless he shall first be taken 18 forthwith before a judge of a court in the state, who shall inform 19 him of the demand made for his return, and who may appoint 20 counsel or guardian ad litem for him. If the judge of such court 21 shall find that the requisition is in order, he shall deliver such 22 juvenile over to the officer whom the court demanding him shall 23 have appointed to receive him. The judge, however, may fix a 24 reasonable time to be allowed for the purpose of testing the 25 legality of the proceeding. 26 Upon reasonable information that a person is a juvenile who has 27 run away from another state party to this compact without the 28 consent of a parent, guardian, person or agency entitled to his legal 29 custody, such juvenile may be taken into custody without a 30 requisition and brought forthwith before a judge of the appropriate 31 court who may appoint counsel or guardian ad litem for such 32 juvenile and who shall determine after a hearing whether sufficient 33 cause exists to hold the person, subject to the order of the court, for 34 his own protection and welfare, for such a time not exceeding 35 ninety days as will enable his return to another state party to this 36 compact pursuant to a requisition for his return from a court of that 37 state. If, at the time when a state seeks the return of a juvenile who 38 has run away, there is pending in the state wherein he is found any 39 criminal charge, or any proceeding to have him adjudicated a 40 delinquent juvenile for an act committed in such state, or if he is 41 suspected of having committed within such state a criminal offense 42 or an act of juvenile delinquency, he shall not be returned without 43 the consent of such state until discharged from prosecution or other

1 [4747] 375 1 form of proceeding, imprisonment, detention or supervision for 2 such offense or juvenile delinquency. The duly accredited officers 3 of any state party to this compact, upon the establishment of their 4 authority and the identity of the juvenile being returned, shall be 5 permitted to transport such juvenile through any and all states 6 party to this compact, without interference. Upon his return to the 7 state from which he ran away, the juvenile shall be subject to such 8 further proceedings as may be appropriate under the laws of that 9 state. 10 (b) That the state to which a juvenile is returned under this 11 subsection shall be responsible for payment of the transportation 12 costs of such return. 13 (c) That ‘juvenile’, as used in this subsection, means any 14 person who is a minor under the law of the state of residence of the 15 parent, guardian, person or agency entitled to the legal custody of 16 such minor. 17 18 Subsection 5. (a) That the appropriate person or authority 19 from whose probation or parole supervision a delinquent juvenile 20 has absconded, or from whose institutional custody he has 21 escaped, shall present to the appropriate court or to the executive 22 authority of the state where the delinquent juvenile is alleged to be 23 located a written requisition for the return of such delinquent 24 juvenile. Such requisition shall state the name and age of the 25 delinquent juvenile, the particulars of his adjudication as a 26 delinquent juvenile, the circumstances of the breach of the terms of 27 his probation or parole or of his escape from an institution or 28 agency vested with his legal custody or supervision, and the 29 location of such delinquent juvenile, if known, at the time the 30 requisition is made. The requisition shall be verified by affidavit, 31 shall be executed in duplicate, and shall be accompanied by two 32 certified copies of the judgment, formal adjudication, or order of 33 commitment which subjects such delinquent juvenile to probation 34 or parole or to the legal custody of the institution or agency 35 concerned. Such further affidavits and other documents as may be 36 deemed proper may be submitted with such requisition. One copy 37 of the requisition shall be filed with the compact administrator of 38 the demanding state, there to remain on file subject to the 39 provisions of law governing records of the appropriate court. 40 Upon the receipt of a requisition demanding the return of a 41 delinquent juvenile who has absconded or escaped, the court or the 42 executive authority to whom the requisition is addressed shall 43 issue an order to any peace officer or other appropriate person

1 [4747] 376 1 directing him to take into custody and detain such delinquent 2 juvenile. Such detention order must substantially recite the facts 3 necessary to the validity of its issuance hereunder. No delinquent 4 juvenile detained upon such order shall be delivered over to the 5 officer whom the appropriate person or authority demanding him 6 shall have appointed to receive him, unless he shall first be taken 7 forthwith before a judge of an appropriate court in the state, who 8 shall inform him of the demand made for his return and who may 9 appoint counsel or guardian ad litem for him. If the judge of such 10 court shall find that the requisition is in order, he shall deliver such 11 delinquent juvenile over to the officer whom the appropriate 12 person or authority demanding him shall have appointed to receive 13 him. The judge, however, may fix a reasonable time to be allowed 14 for the purpose of testing the legality of the proceeding. 15 Upon reasonable information that a person is a delinquent 16 juvenile who has absconded while on probation or parole, or 17 escaped from an institution or agency vested with his legal custody 18 or supervision in any state party to this compact, such person may 19 be taken into custody in any other state party to this compact 20 without a requisition. But in such event, he must be taken 21 forthwith before a judge of the appropriate court, who may appoint 22 counsel or guardian ad litem for such person and who shall 23 determine, after a hearing, whether sufficient cause exists to hold 24 the person subject to the order of the court for such a time, not 25 exceeding ninety days, as will enable his detention under a 26 detention order issued on a requisition pursuant to this subsection. 27 If, at the time when a state seeks the return of a delinquent juvenile 28 who has either absconded while on probation or parole or escaped 29 from an institution or agency vested with his legal custody or 30 supervision, there is pending in the state wherein he is detained 31 any criminal charge or any proceeding to have him adjudicated a 32 delinquent juvenile for an act committed in such state, or if he is 33 suspected of having committed within such state a criminal offense 34 or an act of juvenile delinquency, he shall not be returned without 35 the consent of such state until discharged from prosecution or other 36 form of proceeding, imprisonment, detention or supervision for 37 such offense or juvenile delinquency. The duly accredited officers 38 of any state party to this compact, upon the establishment of their 39 authority and the identity of the delinquent juvenile being returned, 40 shall be permitted to transport such delinquent juvenile through 41 any and all states party to this compact, without interference. 42 Upon his return to the state from which he escaped or absconded,

1 [4747] 377 1 the delinquent juvenile shall be subject to such further proceedings 2 as may be appropriate under the laws of that state. 3 (b) That the state to which a delinquent juvenile is returned 4 under this subsection shall be responsible for the payment of the 5 transportation costs of such return. 6 7 Subsection 6. That any delinquent juvenile who has absconded 8 while on probation or parole, or escaped from an institution or 9 agency vested with his legal custody or supervision in any state 10 party to this compact, and any juvenile who has run away from any 11 state party to this compact, who is taken into custody without a 12 requisition in another state party to this compact under the 13 provisions of subsection 4(a) or of subsection 5(a), may consent to 14 his immediate return to the state from which he absconded, 15 escaped, or ran away. Such consent shall be given by the juvenile 16 or delinquent juvenile and his counsel or guardian ad litem, if any, 17 by executing or subscribing a writing, in the presence of a judge of 18 the appropriate court, which states that the juvenile or delinquent 19 juvenile and his counsel or guardian ad litem, if any, consent to his 20 return to the demanding state. Before such consent shall be 21 executed or subscribed, however, the judge, in the presence of 22 counsel or guardian ad litem, if any, shall inform the juvenile or 23 delinquent juvenile of his rights under this compact. When the 24 consent has been duly executed, it shall be forwarded to and filed 25 with the compact administrator of the state in which the court is 26 located, and the judge shall direct the officer having the juvenile or 27 delinquent juvenile in custody to deliver him to the duly accredited 28 officer or officers of the state demanding his return, and shall 29 cause to be delivered to such officer or officers a copy of the 30 consent. The court may, however, upon the request of the state to 31 which the juvenile or delinquent juvenile is being returned, order 32 him to return unaccompanied to such state and shall provide him 33 with a copy of such court order; in such event a copy of the 34 consent shall be forwarded to the compact administrator of the 35 state to which such juvenile or delinquent juvenile is ordered to 36 return. 37 38 Subsection 7. (a) That the duly constituted judicial and 39 administrative authorities of a state party to this company 40 [compact] (herein called ‘sending state’) may permit any 41 delinquent juvenile within such state, placed on probation or 42 parole, to reside in any other state party to this company [compact] 43 (herein called ‘receiving state’) while on probation or parole, and

1 [4747] 378 1 the receiving state shall accept such delinquent juvenile, if the 2 parent, guardian or person entitled to the legal custody of such 3 delinquent juvenile is residing or undertakes to reside within the 4 receiving state. Before granting such permission, opportunity shall 5 be given to the receiving state to make such investigations as it 6 deems necessary. The authorities of the sending state shall send to 7 the authorities of the receiving state copies of pertinent court 8 orders, social case studies, and all other available information 9 which may be of value to and assist the receiving state in 10 supervising a probationer or parolee under this compact. A 11 receiving state, in its discretion, may agree to accept supervision of 12 a probationer or parolee in cases where the parent, guardian, or 13 person entitled to the legal custody of the delinquent juvenile is not 14 a resident of the receiving state, and if so accepted the sending 15 state may transfer supervision accordingly. 16 (b) That each receiving state will assume the duties of 17 visitation and of supervision over any such delinquent juvenile and 18 in the exercise of those duties will be governed by the same 19 standards of visitation and supervision that prevail for its own 20 delinquent juveniles released on probation or parole. 21 (c) That, after consultation between the appropriate authorities 22 of the sending state and of the receiving state as to the desirability 23 and necessity of returning such a delinquent juvenile, the duly 24 accredited officers of a sending state may enter a receiving state 25 and there apprehend and retake any such delinquent juvenile on 26 probation or parole. For that purpose, no formalities will be 27 required, other than establishing the authority of the officer and the 28 identity of the delinquent juvenile to be retaken and returned. The 29 decision of the sending state to retake a delinquent juvenile on 30 probation or parole shall be conclusive upon and not reviewable 31 within the receiving state, but if, at the time the sending state seeks 32 to retake a delinquent juvenile on probation or parole, there is 33 pending against him within the receiving state any criminal charge 34 or any proceeding to have him adjudicated a delinquent juvenile 35 for any act committed in such state or if he is suspected of having 36 committed within such state a criminal offense or an act of 37 juvenile delinquency, he shall not be returned without the consent 38 of the receiving state until discharged from prosecution or other 39 form of proceeding, imprisonment, detention or supervision for 40 such offense or juvenile delinquency. The duly accredited officers 41 of the sending state shall be permitted to transport delinquent 42 juveniles being so returned through any and all states party to this 43 compact, without interference.

1 [4747] 379 1 (d) That the sending state shall be responsible under this 2 subsection for paying the costs of transporting any delinquent 3 juvenile to the receiving state or of returning any delinquent 4 juvenile to the sending state. 5 6 Subsection 8. (a) That the provisions of item (b) of subsection 7 4 and item (b) of subsection 5 and item (d) of subsection 7 of this 8 compact shall not be construed to alter or affect any internal 9 relationship among the departments, agencies and offices of and in 10 the government of a party state, or between a party state and its 11 subdivisions, as to the payment of costs, or responsibilities 12 therefor. 13 (b) That nothing in this compact shall be construed to prevent 14 any party state or subdivision thereof from asserting any right 15 against any person, agency or other entity in regard to costs for 16 which such party state or subdivision thereof may be responsible 17 pursuant to item (b) of subsection 4 and item (b) of subsection 5 18 and item (d) of subsection 7 of this compact. 19 20 Subsection 9. That, to every extent possible, it shall be the 21 policy of states party to this compact that no juvenile or delinquent 22 juvenile shall be placed or detained in any prison, jail, or lockup 23 nor be detained or transported in association with criminal, 24 vicious, or dissolute persons. 25 26 Subsection 10. That the duly constituted administrative 27 authorities of a state party to this compact may enter into 28 supplementary agreements with any other state or states party 29 hereto for the cooperative care, treatment, and rehabilitation of 30 delinquent juveniles whenever they shall find that such agreements 31 will improve the facilities or programs available for such care, 32 treatment, and rehabilitation. Such care, treatment, and 33 rehabilitation may be provided in an institution located within any 34 state entering into such supplementary agreement. Such 35 supplementary agreements shall: 36 (1) provide the rates to be paid for the care, treatment, and 37 custody of such delinquent juveniles, taking into consideration the 38 character of facilities, services, and subsistence furnished; 39 (2) provide that the delinquent juvenile shall be given a court 40 hearing prior to his being sent to another state for care, treatment, 41 and custody;

1 [4747] 380 1 (3) provide that the state receiving such a delinquent juvenile 2 in one of its institutions shall act solely as agent for the state 3 sending such delinquent juvenile; 4 (4) provide that the sending state shall at all times retain 5 jurisdiction over delinquent juveniles sent to an institution in 6 another state; 7 (5) provide for reasonable inspection of such institutions by the 8 sending state; 9 (6) provide that the consent of the parent, guardian, person or 10 agency entitled to the legal custody of such delinquent juvenile 11 shall be secured prior to his being sent to another state; and 12 (7) make provision for such other matters and details as shall 13 be necessary to protect the rights and equities of such delinquent 14 juveniles and of the cooperating states. 15 16 Subsection 11. That any state party to this compact may accept 17 any and all donations, gifts, and grants of money, equipment and 18 services from the federal or any local government, or any agency 19 thereof, and from any person, firm, or corporation, for any of the 20 purposes and functions of this compact, and may receive and 21 utilize the same subject to the terms, conditions, and regulations 22 governing such donations, gifts, and grants. 23 24 Subsection 12. That the governor of each state party to this 25 compact shall designate an officer who, acting jointly with like 26 officers of other party states, shall promulgate rules and 27 regulations to carry out more effectively the terms and provisions 28 of this compact. 29 30 Subsection 13. That this compact shall become operative 31 immediately upon its execution by any state as between it and any 32 other state or states so executing. When executed, it shall have the 33 full force and effect of law within such state, the form or execution 34 to be in accordance with the laws of the executing state. 35 36 Subsection 14. That this compact shall continue in force and 37 remain binding upon each executing state until renounced by it. 38 Renunciation of this compact shall be by the same authority which 39 executed it, by sending six months’ notice in writing of its 40 intention to withdraw from the compact to the other states party 41 hereto. The duties and obligations of a renouncing state under 42 subsection 7 hereof shall continue as to parolees and probationers 43 residing therein at the time of withdrawal until retaken or finally

1 [4747] 381 1 discharged. Supplementary agreements entered into under 2 subsection 10 hereof shall be subject to renunciation as provided 3 by such supplementary agreements, and shall not be subject to the 4 six months’ renunciation notice of the present subsection. 5 6 Subsection 15. This subsection provides remedies, and is 7 binding only among those party states which specifically execute 8 this article. 9 All provisions and procedures of subsections 5 and 6 of the 10 Interstate Compact on Juveniles shall be construed to apply to any 11 juvenile charged with being a delinquent by reason of a violation 12 of any criminal law. Any juvenile, charged with being a 13 delinquent by reason of violating any criminal law, must be 14 returned to the requesting state upon a requisition to the state 15 where the juvenile may be found. A petition in this case must be 16 filed in a court of competent jurisdiction in the requesting state 17 where the violation of criminal law is alleged to have been 18 committed. The petition may be filed regardless of whether the 19 juvenile has left the State before or after the filing of the petition. 20 The requisition described in subsection 5 of the Interstate Compact 21 on Juveniles must be forwarded by the judge of the court in which 22 the petition has been filed. 23 24 Subsection 16. This subsection provides additional remedies, 25 and is binding only among those party states which specifically 26 execute this article. 27 For purposes of this subsection, ‘child’ means any minor within 28 the jurisdictional age limits of any court in the home state. 29 When any child is brought before a court of a state of which the 30 child is not a resident, and the state is willing to permit the child’s 31 return to the child’s home state, the home state, upon being so 32 advised by the state in which the proceeding is pending, must 33 immediately institute proceedings to determine the residence and 34 jurisdictional facts as to the child in the home state. Upon finding 35 that the child is in fact a resident of the home state and subject to 36 the jurisdiction of the court of the home state, the home state must 37 within five days authorize the return of the child to the home state, 38 and to the parent or custodial agency legally authorized to accept 39 custody in the home state. The home state must pay the expenses 40 for the return of the child. 41

1 [4747] 382 1 Section 63-19-2210. Interstate Compact for Juveniles. This 2 section takes effect upon formation of the Interstate Compact 3 for Juveniles, as provided for in 2006 Act No. 305, Section 3. 4 5 The State of South Carolina hereby contracts to enter into the 6 ‘Interstate Compact for Juveniles’ according to the terms and in 7 the form substantially as follows: 8 9 Subarticle I 10 Purpose 11 12 The compacting states to this Interstate Compact recognize that 13 each state is responsible for the proper supervision or return of 14 juveniles, delinquents, and status offenders who are on probation 15 or parole and who have absconded, escaped, or run away from 16 supervision and control and in so doing have endangered their own 17 safety and the safety of others. The compacting states also 18 recognize that each state is responsible for the safe return of 19 juveniles who have run away from home and in doing so have left 20 their state of residence. The compacting states also recognize that 21 Congress, by enacting the Crime Control Act, 4 USC Section 112 22 (1965), has authorized and encouraged compacts for cooperative 23 efforts and mutual assistance in the prevention of crime. 24 It is the purpose of this compact, through means of joint and 25 cooperative action among the compacting states to: 26 (A) ensure that the adjudicated juveniles and status offenders 27 subject to this compact are provided adequate supervision and 28 services in the receiving state as ordered by the adjudicating judge 29 or parole authority in the sending state; 30 (B) ensure that the public safety interests of the citizens, 31 including the victims of juvenile offenders, in both the sending and 32 receiving states are adequately protected; 33 (C) return juveniles who have run away, absconded, or escaped 34 from supervision or control or have been accused of an offense to 35 the state requesting their return; 36 (D) make contracts for the cooperative institutionalization in 37 public facilities in member states for delinquent youth needing 38 special services; 39 (E) provide for the effective tracking and supervision of 40 juveniles; 41 (F) equitably allocate the costs, benefits, and obligations of the 42 compacting states;

1 [4747] 383 1 (G) establish procedures to manage the movement between 2 states of juvenile offenders released to the community under the 3 jurisdiction of courts, juvenile departments, or any other criminal 4 or juvenile justice agency which has jurisdiction over juvenile 5 offenders; 6 (H) insure immediate notice to jurisdictions where defined 7 offenders are authorized to travel or to relocate across state lines; 8 (I) establish procedures to resolve pending charges (detainers) 9 against juvenile offenders prior to transfer or release to the 10 community under the terms of this compact; 11 (J) establish a system of uniform data collection on 12 information pertaining to juveniles subject to this compact that 13 allows access by authorized juvenile justice and criminal justice 14 officials, and regular reporting of compact activities to heads of 15 state executive, judicial, and legislative branches and juvenile and 16 criminal justice administrators; 17 (K) monitor compliance with rules governing interstate 18 movement of juveniles and initiate interventions to address and 19 correct noncompliance; 20 (L) coordinate training and education regarding the regulation 21 of interstate movement of juveniles for officials involved in such 22 activity; and 23 (M) coordinate the implementation and operation of the 24 compact with the Interstate Compact for the Placement of 25 Children, the Interstate Compact for Adult Offender Supervision, 26 and other compacts affecting juveniles particularly in those cases 27 where concurrent or overlapping supervision issues arise. It is the 28 policy of the compacting states that the activities conducted by the 29 Interstate Commission created herein are the formation of public 30 policies and therefore are public business. Furthermore, the 31 compacting states shall cooperate and observe their individual and 32 collective duties and responsibilities for the prompt return and 33 acceptance of juveniles subject to the provisions of this compact. 34 The provisions of this compact shall be reasonably and liberally 35 construed to accomplish the purposes and policies of the compact. 36 37 Subarticle II 38 Definitions 39 40 As used in this compact, unless the context clearly requires a 41 different construction:

1 [4747] 384 1 A.‘By-laws’ means those by-laws established by the Interstate 2 Commission for its governance, or for directing or controlling its 3 actions or conduct. 4 B.‘Compact administrator’ means the individual in each 5 compacting state appointed pursuant to the terms of this compact, 6 responsible for the administration and management of the state’s 7 supervision and transfer of juveniles subject to the terms of this 8 compact, the rules adopted by the Interstate Commission. 9 C.‘Compacting state’ means any state which has enacted the 10 enabling legislation for this compact. 11 D.‘Commissioner’ means the voting representative of each 12 compacting state appointed pursuant to Subarticle III of this 13 compact. 14 E. ‘Court’ means any court having jurisdiction over delinquent, 15 neglected, or dependent children. 16 F. ‘Deputy compact administrator’ means the individual, if any, 17 in each compacting state appointed to act on behalf of a compact 18 administrator pursuant to the terms of this compact responsible for 19 the administration and management of the state’s supervision and 20 transfer of juveniles subject to the terms of this compact, the rules 21 adopted by the Interstate Commission, and policies adopted by the 22 state council under this compact. 23 G.‘Interstate Commission’ means the Interstate Commission for 24 Juveniles created by Subarticle III of this compact. 25 H.‘Juvenile’ means any person defined as a juvenile in any 26 member state or by the rules of the Interstate Commission, 27 including: 28 (1) accused delinquent - a person charged with an offense 29 that, if committed by an adult, would be a criminal offense; 30 (2) adjudicated delinquent - a person found to have 31 committed an offense that, if committed by an adult, would be a 32 criminal offense; 33 (3) accused status offender - a person charged with an 34 offense that would not be a criminal offense if committed by an 35 adult; 36 (4) adjudicated status offender - a person found to have 37 committed an offense that would not be a criminal offense if 38 committed by an adult; and 39 (5) nonoffender - a person in need of supervision who has 40 not been accused or adjudicated a status offender or delinquent. 41 I. ‘Noncompacting state’ means any state which has not enacted 42 the enabling legislation for this compact.

1 [4747] 385 1 J. ‘Probation or parole’ means any kind of supervision or 2 conditional release of juveniles authorized under the laws of the 3 compacting states. 4 K.‘Rule’ means a written statement by the Interstate 5 Commission promulgated pursuant to Subarticle VI of this 6 compact that is of general applicability, implements, interprets, or 7 prescribes a policy or provision of the compact, or an 8 organizational, procedural, or practice requirement of the 9 commission, and has the force and effect of statutory law in a 10 compacting state, and includes the amendment, repeal, or 11 suspension of an existing rule. 12 L. ‘State’ means a state of the United States, the District of 13 Columbia (or its designee), the Commonwealth of Puerto Rico, the 14 U.S. Virgin Islands, Guam, American Samoa, and the Northern 15 Marianas Islands. 16 Subarticle III 17 Interstate Commission for Juveniles 18 19 A.The compacting states hereby create the ‘Interstate 20 Commission for Juveniles’. The commission shall be a body 21 corporate and joint agency of the compacting states. The 22 commission shall have all the responsibilities, powers, and duties 23 set forth herein, and such additional powers as may be conferred 24 upon it by subsequent action of the respective legislatures of the 25 compacting states in accordance with the terms of this compact. 26 B.The Interstate Commission shall consist of commissioners 27 appointed by the appropriate appointing authority in each state 28 pursuant to the rules and requirements of each compacting state 29 and in consultation with the State Council for Interstate Juvenile 30 Supervision created hereunder. The commissioner shall be the 31 compact administrator, deputy compact administrator, or designee 32 from that state who shall serve on the Interstate Commission in 33 such capacity under or pursuant to the applicable law of the 34 compacting state. 35 C.In addition to the commissioners who are the voting 36 representatives of each state, the Interstate Commission shall 37 include individuals who are not commissioners, but who are 38 members of interested organizations. Such noncommissioner 39 members must include a member of the national organizations of 40 governors, legislators, state chief justices, attorneys general, 41 Interstate Compact for Adult Offender Supervision, Interstate 42 Compact for the Placement of Children, juvenile justice and 43 juvenile corrections officials, and crime victims. All

1 [4747] 386 1 noncommissioner members of the Interstate Commission shall be 2 ex-officio (nonvoting) members. The Interstate Commission may 3 provide in its by-laws for such additional ex-officio (nonvoting) 4 members, including members of other national organizations, in 5 such numbers as shall be determined by the commission. 6 D.Each compacting state represented at any meeting of the 7 commission is entitled to one vote. A majority of the compacting 8 states shall constitute a quorum for the transaction of business, 9 unless a larger quorum is required by the by-laws of the Interstate 10 Commission. 11 E. The commission shall meet at least once each calendar year. 12 The chairperson may call additional meetings and, upon the 13 request of a simple majority of the compacting states, shall call 14 additional meetings. Public notice shall be given of all meetings 15 and meetings shall be open to the public. 16 F. The Interstate Commission shall establish an executive 17 committee, which shall include commission officers, members, 18 and others as determined by the by-laws. The executive 19 committee shall have the power to act on behalf of the Interstate 20 Commission during periods when the Interstate Commission is not 21 in session, with the exception of rulemaking and/or amendment to 22 the compact. The executive committee shall oversee the day-to- 23 day activities of the administration of the compact managed by an 24 executive director and Interstate Commission staff; administers 25 enforcement and compliance with the provisions of the compact, 26 its by-laws and rules, and performs such other duties as directed by 27 the Interstate Commission or set forth in the by-laws. 28 G.Each member of the Interstate Commission shall have the 29 right and power to cast a vote to which that compacting state is 30 entitled and to participate in the business and affairs of the 31 Interstate Commission. A member shall vote in person and shall 32 not delegate a vote to another compacting state. However, a 33 commissioner, in consultation with the state council, shall appoint 34 another authorized representative, in the absence of the 35 commissioner from that state, to cast a vote on behalf of the 36 compacting state at a specified meeting. The by-laws may provide 37 for members’ participation in meetings by telephone or other 38 means of telecommunication or electronic communication. 39 H.The Interstate Commission’s by-laws shall establish 40 conditions and procedures under which the Interstate Commission 41 shall make its information and official records available to the 42 public for inspection or copying. The Interstate Commission may 43 exempt from disclosure any information or official records to the

1 [4747] 387 1 extent they would adversely affect personal privacy rights or 2 proprietary interests. 3 I. Public notice shall be given of all meetings and all meetings 4 shall be open to the public, except as set forth in the rules or as 5 otherwise provided in the compact. The Interstate Commission and 6 any of its committees may close a meeting to the public where it 7 determines by two-thirds vote that an open meeting would be 8 likely to: 9 1. relate solely to the Interstate Commission’s internal 10 personnel practices and procedures; 11 2. disclose matters specifically exempted from disclosure by 12 statute; 13 3. disclose trade secrets or commercial or financial 14 information which is privileged or confidential; 15 4. involve accusing any person of a crime, or formally 16 censuring any person; 17 5. disclose information of a personal nature where disclosure 18 would constitute a clearly unwarranted invasion of personal 19 privacy; 20 6. disclose investigative records compiled for law 21 enforcement purposes; 22 7. disclose information contained in or related to examination, 23 operating, or condition reports prepared by, or on behalf of or for 24 the use of, the Interstate Commission with respect to a regulated 25 person or entity for the purpose of regulation or supervision of 26 such person or entity; 27 8. disclose information, the premature disclosure of which 28 would significantly endanger the stability of a regulated person or 29 entity; or 30 9. specifically relate to the Interstate Commission’s issuance 31 of a subpoena, or its participation in a civil action or other legal 32 proceeding. 33 J. For every meeting closed pursuant to this provision, the 34 Interstate Commission’s legal counsel shall publicly certify that, in 35 the legal counsel’s opinion, the meeting may be closed to the 36 public, and shall reference each relevant exemptive provision. The 37 Interstate Commission shall keep minutes which shall fully and 38 clearly describe all matters discussed in any meeting and shall 39 provide a full and accurate summary of any actions taken, and the 40 reasons therefor, including a description of each of the views 41 expressed on any item and the record of any roll call vote 42 (reflected in the vote of each member on the question). All

1 [4747] 388 1 documents considered in connection with any action shall be 2 identified in such minutes. 3 K.The Interstate Commission shall collect standardized data 4 concerning the interstate movement of juveniles as directed 5 through its rules which shall specify the data to be collected, the 6 means of collection, and data exchange and reporting 7 requirements. Such methods of data collection, exchange and 8 reporting shall insofar as is reasonably possible conform to 9 up-to-date technology and coordinate its information functions 10 with the appropriate repository of records. 11 12 Subarticle IV 13 Powers and Duties of the Interstate Commission 14 15 The commission shall have the following powers and duties to: 16 1. provide for dispute resolution among compacting states; 17 2. promulgate rules to effect the purposes and obligations as 18 enumerated in this compact, which shall have the force and effect 19 of statutory law and shall be binding in the compacting states to 20 the extent and in the manner provided in this compact; 21 3. oversee, supervise, and coordinate the interstate movement of 22 juveniles subject to the terms of this compact and any by-laws 23 adopted and rules promulgated by the Interstate Commission; 24 4. enforce compliance with the compact provisions, the rules 25 promulgated by the Interstate Commission, and the by-laws, using 26 all necessary and proper means, including, but not limited to, the 27 use of judicial process; 28 5. establish and maintain offices which shall be located within 29 one or more of the compacting states; 30 6. purchase and maintain insurance and bonds; 31 7. borrow, accept, hire, or contract for services of personnel; 32 8. establish and appoint committees and hire staff which it 33 deems necessary for the carrying out of its functions including, but 34 not limited to, an executive committee as required by Subarticle III 35 which shall have the power to act on behalf of the Interstate 36 Commission in carrying out its powers and duties hereunder; 37 9. elect or appoint such officers, attorneys, employees, agents, or 38 consultants, and to fix their compensation, define their duties, and 39 determine their qualifications; and to establish the Interstate 40 Commission’s personnel policies and programs relating to, inter 41 alia, conflicts of interest, rates of compensation, and qualifications 42 of personnel;

1 [4747] 389 1 10. accept any and all donations and grants of money, 2 equipment, supplies, materials, and services, and to receive, utilize, 3 and dispose of it; 4 11. lease, purchase, accept contributions or donations of, or 5 otherwise to own, hold, improve, or use any property, real, 6 personal, or mixed; 7 12. sell, convey, mortgage, pledge, lease, exchange, abandon, 8 or otherwise dispose of any property, real, personal, or mixed; 9 13. establish a budget and make expenditures and levy dues as 10 provided in Subarticle VIII of this compact; 11 14. sue and be sued; 12 15. adopt a seal and by-laws governing the management and 13 operation of the Interstate Commission; 14 16. perform such functions as may be necessary or appropriate 15 to achieve the purposes of this compact; 16 17. report annually to the legislatures, governors, judiciary, and 17 state councils of the compacting states concerning the activities of 18 the Interstate Commission during the preceding year. Such reports 19 shall also include any recommendations that may have been 20 adopted by the Interstate Commission; 21 18. coordinate education, training, and public awareness 22 regarding the interstate movement of juveniles for officials 23 involved in such activity; 24 19. establish uniform standards of the reporting, collecting, and 25 exchanging of data; and 26 20. maintain its corporate books and records in accordance 27 with the by- laws. 28 Subarticle V 29 Organization and Operation of the Interstate Commission 30 31 A.By-laws 32 1. The Interstate Commission shall, by a majority of the 33 members present and voting, within twelve months after the first 34 Interstate Commission meeting, adopt by-laws to govern its 35 conduct as may be necessary or appropriate to carry out the 36 purposes of the compact including, but not limited to: 37 a. establishing the fiscal year of the Interstate Commission; 38 b. establishing an executive committee and such other 39 committees as may be necessary; 40 c. providing for the establishment of committees governing 41 any general or specific delegation of any authority or function of 42 the Interstate Commission;

1 [4747] 390 1 d. providing reasonable procedures for calling and 2 conducting meetings of the Interstate Commission, and ensuring 3 reasonable notice of each such meeting; 4 e. establishing the titles and responsibilities of the officers 5 of the Interstate Commission; 6 f. providing a mechanism for concluding the operations of 7 the Interstate Commission and the return of any surplus funds that 8 may exist upon the termination of the compact after the payment 9 and/or reserving of all of its debts and obligations; 10 g. providing ‘start-up’ rules for initial administration of the 11 compact; and 12 h. establishing standards and procedures for compliance 13 and technical assistance in carrying out the compact. 14 B.Officers and Staff 15 1. The Interstate Commission shall, by a majority of the 16 members, elect annually from among its members a chairperson 17 and a vice chairperson, each of whom shall have such authority 18 and duties as may be specified in the by-laws. The chairperson or, 19 in the chairperson’s absence or disability, the vice chairperson 20 shall preside at all meetings of the Interstate Commission. The 21 officers so elected shall serve without compensation or 22 remuneration from the Interstate Commission; provided that, 23 subject to the availability of budgeted funds, the officers shall be 24 reimbursed for any ordinary and necessary costs and expenses 25 incurred by them in the performance of their duties and 26 responsibilities as officers of the Interstate Commission. 27 2. The Interstate Commission shall, through its executive 28 committee, appoint or retain an executive director for such period, 29 upon such terms and conditions and for such compensation as the 30 Interstate Commission may deem appropriate. The executive 31 director shall serve as secretary to the Interstate Commission, but 32 shall not be a member and shall hire and supervise such other staff 33 as may be authorized by the Interstate Commission. 34 C.Qualified Immunity, Defense, and Indemnification 35 1. The commission’s executive director and employees shall 36 be immune from suit and liability, either personally or in their 37 official capacity, for any claim for damage to or loss of property or 38 personal injury or other civil liability caused or arising out of or 39 relating to any actual or alleged act, error, or omission that 40 occurred, or that such person had a reasonable basis for believing 41 occurred within the scope of commission employment, duties, or 42 responsibilities; provided, that any such person shall not be 43 protected from suit or liability for any damage, loss, injury, or

1 [4747] 391 1 liability caused by the intentional or wilful and wanton misconduct 2 of any such person. 3 2. The liability of any commissioner, or the employee or agent 4 of a commissioner, acting within the scope of such person’s 5 employment or duties for acts, errors, or omissions occurring 6 within such person’s state may not exceed the limits of liability set 7 forth under the Constitution and laws of that state for state 8 officials, employees, and agents. Nothing in this subsection shall 9 be construed to protect any such person from suit or liability for 10 any damage, loss, injury, or liability caused by the intentional or 11 wilful and wanton misconduct of any such person. 12 3. The Interstate Commission shall defend the executive 13 director or the employees or representatives of the Interstate 14 Commission and, subject to the approval of the Attorney General 15 of the state represented by any commissioner of a compacting 16 state, shall defend such commissioner or the commissioner’s 17 representatives or employees in any civil action seeking to impose 18 liability arising out of any actual or alleged act, error, or omission 19 that occurred within the scope of Interstate Commission 20 employment, duties, or responsibilities, or that the defendant had a 21 reasonable basis for believing occurred within the scope of 22 Interstate Commission employment, duties, or responsibilities, 23 provided that the actual or alleged act, error, or omission did not 24 result from intentional or wilful and wanton misconduct on the part 25 of such person. 26 4. The Interstate Commission shall indemnify and hold the 27 commissioner of a compacting state, or the commissioner’s 28 representatives or employees, or the Interstate Commission’s 29 representatives or employees, harmless in the amount of any 30 settlement or judgment obtained against such persons arising out 31 of any actual or alleged act, error, or omission that occurred within 32 the scope of Interstate Commission employment, duties, or 33 responsibilities, or that such persons had a reasonable basis for 34 believing occurred within the scope of Interstate Commission 35 employment, duties, or responsibilities, provided that the actual or 36 alleged act, error, or omission did not result from intentional or 37 willful and wanton misconduct on the part of such persons. 38 39 Subarticle VI 40 Rulemaking Functions of the Interstate Commission 41

1 [4747] 392 1 A.The Interstate Commission shall promulgate and publish rules 2 in order to effectively and efficiently achieve the purposes of the 3 compact. 4 B.Rulemaking shall occur pursuant to the criteria set forth in 5 this subarticle and the by-laws and rules adopted pursuant thereto. 6 Such rulemaking shall substantially conform to the principles of 7 the ‘Model State Administrative Procedures Act’, 1981 Act, 8 Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other 9 administrative procedures act, as the Interstate Commission deems 10 appropriate consistent with due process requirements under the 11 United States Constitution as now or hereafter interpreted by the 12 United States Supreme Court. All rules and amendments shall 13 become binding as of the date specified, as published with the final 14 version of the rule as approved by the commission. 15 C.When promulgating a rule, the Interstate Commission shall, at 16 a minimum: 17 1. publish the proposed rule’s entire text stating the reason(s) 18 for that proposed rule; 19 2. allow and invite any and all persons to submit written data, 20 facts, opinions, and arguments, which information shall be added 21 to the record, and be made publicly available; 22 3. provide an opportunity for an informal hearing if petitioned 23 by ten or more persons; and 24 4. promulgate a final rule and its effective date, if appropriate, 25 based on input from state or local officials, or interested parties. 26 D.Allow, not later than sixty days after a rule is promulgated, 27 any interested person to file a petition in the United States District 28 Court for the District of Columbia or in the Federal District Court 29 where the Interstate Commission’s principal office is located for 30 judicial review of such rule. If the court finds that the Interstate 31 Commission’s action is not supported by substantial evidence in 32 the rulemaking record, the court shall hold the rule unlawful and 33 set it aside. For purposes of this subsection, evidence is substantial 34 if it would be considered substantial evidence under the Model 35 State Administrative Procedures Act. 36 E. If a majority of the legislatures of the compacting states 37 rejects a rule, those states may, by enactment of a statute or 38 resolution in the same manner used to adopt the compact, cause 39 that such rule shall have no further force and effect in any 40 compacting state. 41 F. The existing rules governing the operation of the Interstate 42 Compact on Juveniles superceded by this act shall be null and void

1 [4747] 393 1 twelve months after the first meeting of the Interstate Commission 2 created hereunder. 3 G.Upon determination by the Interstate Commission that a state 4 of emergency exists, it may promulgate an emergency rule which 5 shall become effective immediately upon adoption, provided that 6 the usual rulemaking procedures provided hereunder shall be 7 retroactively applied to said rule as soon as reasonably possible, 8 but no later than ninety days after the effective date of the 9 emergency rule. 10 11 Subarticle VII 12 Oversight, Enforcement, and Dispute Resolution 13 by the Interstate Commission 14 15 A.Oversight 16 1. The Interstate Commission shall oversee the administration 17 and operations of the interstate movement of juveniles subject to 18 this compact in the compacting states and shall monitor such 19 activities being administered in noncompacting states which may 20 significantly affect compacting states. 21 2. The courts and executive agencies in each compacting state 22 shall enforce this compact and shall take all actions necessary and 23 appropriate to effectuate the compact’s purposes and intent. The 24 provisions of this compact and the rules promulgated hereunder 25 shall be received by all the judges, public officers, commissions, 26 and departments of the state government as evidence of the 27 authorized statute and administrative rules. All courts shall take 28 judicial notice of the compact and the rules. In any judicial or 29 administrative proceeding in a compacting state pertaining to the 30 subject matter of this compact which may affect the powers, 31 responsibilities, or actions of the Interstate Commission, it shall be 32 entitled to receive all service of process in any such proceeding, 33 and shall have standing to intervene in the proceeding for all 34 purposes. 35 B.Dispute Resolution 36 1. The compacting states shall report to the Interstate 37 Commission on all issues and activities necessary for the 38 administration of the compact as well as issues and activities 39 pertaining to compliance with the provisions of the compact and its 40 by-laws and rules. 41 2. The Interstate Commission shall attempt, upon the request 42 of a compacting state, to resolve any disputes or other issues which 43 are subject to the compact and which may arise among compacting

1 [4747] 394 1 states and between compacting and noncompacting states. The 2 commission shall promulgate a rule providing for both mediation 3 and binding dispute resolution for disputes among the compacting 4 states. 5 3. The Interstate Commission, in the reasonable exercise of its 6 discretion, shall enforce the provisions and rules of this compact 7 using any or all means set forth in Subarticle XI of this compact. 8 9 Subarticle VIII 10 Finance 11 12 A.The Interstate Commission shall pay or provide for the 13 payment of the reasonable expenses of its establishment, 14 organization, and ongoing activities. 15 B.The Interstate Commission shall levy on and collect an annual 16 assessment from each compacting state to cover the cost of the 17 internal operations and activities of the Interstate Commission and 18 its staff which must be in a total amount sufficient to cover the 19 Interstate Commission’s annual budget as approved each year. 20 The aggregate annual assessment amount shall be allocated based 21 upon a formula to be determined by the Interstate Commission, 22 taking into consideration the population of each compacting state 23 and the volume of interstate movement of juveniles in each 24 compacting state and shall promulgate a rule binding upon all 25 compacting states which governs said assessment. 26 C.The Interstate Commission shall not incur any obligations of 27 any kind prior to securing the funds adequate to meet the same; 28 nor shall the Interstate Commission pledge the credit of any of the 29 compacting states, except by and with the authority of the 30 compacting state. 31 D.The Interstate Commission shall keep accurate accounts of all 32 receipts and disbursements. The receipts and disbursements of the 33 Interstate Commission shall be subject to the audit and accounting 34 procedures established under its by-laws. However, all receipts 35 and disbursements of funds handled by the Interstate Commission 36 shall be audited yearly by a certified or licensed public accountant 37 and the report of the audit shall be included in and become part of 38 the annual report of the Interstate Commission. 39 40 Subarticle IX 41 The State Council 42

1 [4747] 395 1 A.Each member state shall create a State Council for Interstate 2 Juvenile Supervision. While each state may determine the 3 membership of its own state council, its membership must include 4 at least one representative from the legislative, judicial, and 5 executive branches of government, victims groups, and the 6 compact administrator, deputy compact administrator, or designee. 7 Each compacting state retains the right to determine the 8 qualifications of the compact administrator or deputy compact 9 administrator. Each state council will advise and may exercise 10 oversight and advocacy concerning that state’s participation in 11 Interstate Commission activities and other duties as may be 12 determined by that state, including, but not limited to, development 13 of policy concerning operations and procedures of the compact 14 within that state. 15 B.The Director of the South Carolina Department of Juvenile 16 Justice, or his designee, must serve as Compact Administrator for 17 the State of South Carolina. The Director of the South Carolina 18 Department of Juvenile Justice shall appoint the members of the 19 state council. The state council shall act as an advisory body to the 20 director regarding the activities of the Interstate Compact. 21 22 Subarticle X 23 Compacting States, Effective Date, and Amendment 24 25 A.Any state, the District of Columbia (or its designee), the 26 Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, 27 American Samoa, and the Northern Marianas Islands as defined in 28 Subarticle II of this compact is eligible to become a compacting 29 state. 30 B.The compact shall become effective and binding upon 31 legislative enactment of the compact into law by no less than 32 thirty-five of the states. The initial effective date shall be the later 33 of July 1, 2004, or upon enactment into law by the 35th 34 jurisdiction. Thereafter, it shall become effective and binding as to 35 any other compacting state upon enactment of the compact into 36 law by that state. The governors of nonmember states or their 37 designees shall be invited to participate in the activities of the 38 Interstate Commission on a nonvoting basis prior to adoption of 39 the compact by all states and territories of the United States. 40 C.The Interstate Commission may propose amendments to the 41 compact for enactment by the compacting states. No amendment 42 shall become effective and binding upon the Interstate

1 [4747] 396 1 Commission and the compacting states unless and until it is 2 enacted into law by unanimous consent of the compacting states. 3 4 Subarticle XI 5 Withdrawal, Default, Termination, 6 and Judicial Enforcement 7 8 A.Withdrawal 9 1. Once effective, the compact shall continue in force and 10 remain binding upon each and every compacting state; provided 11 that a compacting state may withdraw from the compact by 12 specifically repealing the statute which enacted the compact into 13 law. 14 2. The effective date of withdrawal is the effective date of the 15 repeal. 16 3. The withdrawing state shall immediately notify the 17 Chairperson of the Interstate Commission in writing upon the 18 introduction of legislation repealing this compact in the 19 withdrawing state. The Interstate Commission shall notify the 20 other compacting states of the withdrawing state’s intent to 21 withdraw within sixty days of its receipt thereof. 22 4. The withdrawing state is responsible for all assessments, 23 obligations, and liabilities incurred through the effective date of 24 withdrawal, including any obligations, the performance of which 25 extend beyond the effective date of withdrawal. 26 5. Reinstatement following withdrawal of any compacting 27 state shall occur upon the withdrawing state reenacting the 28 compact or upon such later date as determined by the Interstate 29 Commission. 30 B.Technical Assistance, Fines, Suspension, Termination, and 31 Default 32 1. If the Interstate Commission determines that any 33 compacting state has at any time defaulted in the performance of 34 any of its obligations or responsibilities under this compact, or the 35 by-laws or duly promulgated rules, the Interstate Commission may 36 impose any or all of the following penalties: 37 a. remedial training and technical assistance as directed by 38 the Interstate Commission; 39 b. alternative dispute resolution; 40 c. fines, fees, and costs in such amounts as are deemed to 41 be reasonable as fixed by the Interstate Commission; and 42 d. suspension or termination of membership in the compact, 43 which shall be only imposed after all other reasonable means of

1 [4747] 397 1 securing compliance under the by-laws and rules have been 2 exhausted and the Interstate Commission has therefore determined 3 that the offending state is in default. Immediate notice of 4 suspension shall be given by the Interstate Commission to the 5 Governor, the Chief Justice, or the Chief Judicial Officer of the 6 state, the majority and minority leaders of the defaulting state’s 7 legislature, and the state council. The grounds for default include, 8 but are not limited to, failure of a compacting state to perform such 9 obligations or responsibilities imposed upon it by this compact, the 10 by-laws, or duly promulgated rules and any other grounds 11 designated in commission by-laws and rules. The Interstate 12 Commission shall immediately notify the defaulting state in 13 writing of the penalty imposed by the Interstate Commission and 14 of the default pending a cure of the default. The commission shall 15 stipulate the conditions and the time period within which the 16 defaulting state must cure its default. If the defaulting state fails to 17 cure the default within the time period specified by the 18 commission, the defaulting state shall be terminated from the 19 compact upon an affirmative vote of a majority of the compacting 20 states and all rights, privileges, and benefits conferred by this 21 compact shall be terminated from the effective date of termination. 22 2. Within sixty days of the effective date of termination of a 23 defaulting state, the commission shall notify the Governor, the 24 Chief Justice, or Chief Judicial Officer, the Majority and Minority 25 Leaders of the defaulting state’s legislature, and the state council 26 of such termination. 27 3. The defaulting state is responsible for all assessments, 28 obligations, and liabilities incurred through the effective date of 29 termination including any obligations, the performance of which 30 extends beyond the effective date of termination. 31 4. The Interstate Commission shall not bear any costs relating 32 to the defaulting state unless otherwise mutually agreed upon in 33 writing between the Interstate Commission and the defaulting 34 state. 35 5. Reinstatement following termination of any compacting 36 state requires both a reenactment of the compact by the defaulting 37 state and the approval of the Interstate Commission pursuant to the 38 rules. 39 C.Judicial Enforcement 40 The Interstate Commission may, by majority vote of the 41 members, initiate legal action in the United States District Court 42 for the District of Columbia or, at the discretion of the Interstate 43 Commission, in the federal district where the Interstate

1 [4747] 398 1 Commission has its offices, to enforce compliance with the 2 provisions of the compact, its duly promulgated rules and by-laws, 3 against any compacting state in default. In the event judicial 4 enforcement is necessary, the prevailing party shall be awarded all 5 costs of such litigation including reasonable attorney’s fees. 6 D.Dissolution of Compact 7 1. The compact dissolves effective upon the date of the 8 withdrawal or default of the compacting state, which reduces 9 membership in the compact to one compacting state. 10 2. Upon the dissolution of this compact, the compact becomes 11 null and void and shall be of no further force or effect, and the 12 business and affairs of the Interstate Commission shall be 13 concluded and any surplus funds shall be distributed in accordance 14 with the by-laws. 15 16 Subarticle XII 17 Severability and Construction 18 19 A.The provisions of this compact shall be severable, and if any 20 phrase, clause, sentence, or provision is deemed unenforceable, the 21 remaining provisions of the compact shall be enforceable. 22 B.The provisions of this compact shall be liberally construed to 23 effectuate its purposes. 24 25 Subarticle XIII 26 Binding Effect of Compact and Other Laws 27 28 A.Other Laws 29 1. Nothing herein prevents the enforcement of any other law 30 of a compacting state that is not inconsistent with this compact. 31 2. All compacting states’ laws other than state constitutions 32 and other interstate compacts conflicting with this compact are 33 superseded to the extent of the conflict. 34 B.Binding Effect of the Compact 35 1. All lawful actions of the Interstate Commission, including 36 all rules and by-laws promulgated by the Interstate Commission, 37 are binding upon the compacting states. 38 2. All agreements between the Interstate Commission and the 39 compacting states are binding in accordance with their terms. 40 3. Upon the request of a party to a conflict over meaning or 41 interpretation of Interstate Commission actions, and upon a 42 majority vote of the compacting states, the Interstate Commission

1 [4747] 399 1 may issue advisory opinions regarding such meaning or 2 interpretation. 3 4. In the event any provision of this compact exceeds the 4 constitutional limits imposed on the legislature of any compacting 5 state, the obligations, duties, powers, or jurisdiction sought to be 6 conferred by such provision upon the Interstate Commission shall 7 be ineffective and such obligations, duties, powers, or jurisdiction 8 shall remain in the compacting state and shall be exercised by the 9 agency thereof to which such obligations, duties, powers, or 10 jurisdiction are delegated by law in effect at the time this compact 11 becomes effective. 12 13 Article 23 14 15 Offenses Involving Minors 16 17 Section 63-19-2410. A minor who gains admission to any 18 theater by falsely claiming to be eighteen years of age or older is 19 guilty of a misdemeanor and, upon conviction, must be fined not 20 more than fifty dollars. 21 22 Section 63-19-2420. It is unlawful for a person under eighteen 23 years of age to loiter in a billiard or pocket billiard room or to play 24 billiards or pocket billiards in a billiard room unless accompanied 25 by the person’s parent or guardian or with the written consent of 26 the person’s parent or guardian. A person violating this section or 27 Chapter 11 of Title 52 or any billiard room proprietor or manager 28 who permits such a violation must be fined not less than ten nor 29 more than one hundred dollars or be imprisoned not less than two 30 days nor more than thirty days. In the event the keeper of a 31 billiard room is of the opinion that a person desiring admission is 32 under the age of eighteen years the keeper shall require the person 33 to certify the person’s age in writing. It is a misdemeanor, 34 punishable by a fine of not less than twenty-five nor more than one 35 hundred dollars, for a minor to make a false certificate of age or 36 use a forged permit from the minor’s parent or guardian. 37 38 Section 63-19-2430. It is unlawful for a minor under the age of 39 eighteen to play a pinball machine. 40 41 Section 63-19-2440. (A) It is unlawful for a person under the 42 age of twenty-one to purchase, attempt to purchase, consume, or 43 knowingly possess beer, ale, porter, wine, or other similar malt or

1 [4747] 400 1 fermented beverage. Possession is prima facie evidence that it was 2 knowingly possessed. Notwithstanding another provision of law, 3 if the law enforcement officer has probable cause to believe that a 4 person is under age twenty-one and has consumed alcohol, the law 5 enforcement officer or the person may request that the person 6 submit to any available alcohol screening test using a device 7 approved by the State Law Enforcement Division. A person who 8 violates the provisions of this section is guilty of a misdemeanor 9 and, upon conviction, must be fined not less than one hundred 10 dollars nor more than two hundred dollars or must be imprisoned 11 for not more than thirty days, or both. 12 (B) A person who violates the provisions of this section also is 13 required to successfully complete a DAODAS approved alcohol 14 prevention education or intervention program. The program must 15 be a minimum of eight hours and the cost to the person may not 16 exceed one hundred fifty dollars. 17 (C) A person eighteen years of age and over lawfully 18 employed to serve or remove beer, wine, or alcoholic beverages in 19 establishments licensed to sell these beverages is not considered to 20 be in unlawful possession of the beverages during the course and 21 scope of his duties as an employee. The provisions of this 22 subsection do not affect the requirement that a bartender must be at 23 least twenty-one years of age. 24 (D) This section does not apply to an employee lawfully 25 engaged in the sale or delivery of these beverages in an unopened 26 container. 27 (E) The provisions of this section do not apply to a student 28 who: 29 (1) is eighteen years of age or older; 30 (2) is enrolled in an accredited college or university and a 31 student in a culinary course that has been approved through review 32 by the State Commission on Higher Education; 33 (3) is required to taste, but not consume or imbibe, any beer, 34 ale, porter, wine, or other similar malt or fermented beverage as 35 part of the required curriculum; and 36 (4) tastes a beverage pursuant to item (3) only for 37 instructional purposes during classes that are part of the curriculum 38 of the accredited college or university. 39 The beverage must remain at all times in the possession and 40 control of an authorized instructor of the college or university who 41 must be twenty-one years of age or older. Nothing in this 42 subsection may be construed to allow a student under the age of 43 twenty-one to receive any beer, ale, porter, wine, or other similar

1 [4747] 401 1 malt or fermented beverage unless the beverage is delivered as part 2 of the student’s required curriculum and the beverage is used only 3 for instructional purposes during classes conducted pursuant to the 4 curriculum. 5 (F) The provisions of this section do not apply to a person 6 under the age of twenty-one who is recruited and authorized by a 7 law enforcement agency to test an establishment’s compliance 8 with laws relating to the unlawful transfer or sale of beer or wine 9 to a minor. The testing must be under the direct supervision of a 10 law enforcement agency, and the agency must have the person’s 11 parental consent. 12 13 Section 63-19-2450. (A) It is unlawful for a person under the 14 age of twenty-one to purchase, attempt to purchase, consume, or 15 knowingly possess alcoholic liquors. Possession is prima facie 16 evidence that it was knowingly possessed. It is also unlawful for a 17 person to falsely represent his age for the purpose of procuring 18 alcoholic liquors. Notwithstanding another provision of law, if the 19 law enforcement officer has probable cause to believe that a person 20 is under age twenty-one and has consumed alcohol, the law 21 enforcement officer or the person may request that the person 22 submit to any available alcohol screening test using a device 23 approved by the State Law Enforcement Division. 24 (B) A person who violates the provisions of this section is 25 guilty of a misdemeanor and, upon conviction, must be fined not 26 less than one hundred dollars nor more than two hundred dollars or 27 must be imprisoned for not more than thirty days, or both. 28 (C) A person who violates the provisions of this section also is 29 required to successfully complete a DAODAS approved alcohol 30 prevention education or intervention program. The program must 31 be a minimum of eight hours and the cost to the person may not 32 exceed one hundred fifty dollars. 33 (D) The provisions of this section do not apply to a student 34 who: 35 (1) is eighteen years of age or older; 36 (2) is enrolled in an accredited college or university and a 37 student in a culinary course that has been approved through review 38 by the State Commission on Higher Education; 39 (3) is required to taste, but not consume or imbibe, any 40 alcoholic liquor as part of the required curriculum; and 41 (4) tastes the liquor pursuant to item (3) only for 42 instructional purposes during classes that are part of the curriculum 43 of the accredited college or university.

1 [4747] 402 1 The alcoholic liquor must remain at all times in the possession 2 and control of an authorized instructor of the college or university 3 who must be twenty-one years of age or older. Nothing in this 4 subsection may be construed to allow a student under the age of 5 twenty-one to receive alcoholic liquor unless it is delivered as part 6 of the student’s required curriculum, and it is used only for 7 instructional purposes during classes conducted pursuant to the 8 curriculum. 9 (E) The provisions of this section do not apply to a person 10 under the age of twenty-one who is recruited and authorized by a 11 law enforcement agency to test an establishment’s compliance 12 with the laws relating to the unlawful transfer or sale of alcoholic 13 liquors to a minor. The testing must be under the direct 14 supervision of a law enforcement agency, and the agency must 15 have the person’s parental consent. 16 17 Section 63-19-2460. No provision of law prohibiting the use or 18 possession of beer, wine, or alcoholic beverages by minors shall 19 apply to any minor in the home of his parents or guardian or to any 20 such beverage used for religious ceremonies or purposes so long as 21 such beverage was legally purchased. 22 23 SECTION 3. Chapter 3, Title 20 of the 1976 Code is amended by 24 adding: 25 26 “Article 5 27 28 Equitable Apportionment of Marital Property 29 30 Section 20-3-610. During the marriage a spouse shall acquire, 31 based upon the factors set out in Section 20-3-620, a vested special 32 equity and ownership right in the marital property as defined in 33 Section 20-3-630, which equity and ownership right are subject to 34 apportionment between the spouses by the family courts of this 35 State at the time marital litigation is filed or commenced as 36 provided in Section 20-3-620. 37 38 Section 20-3-620. (A) In a proceeding for divorce a vinculo 39 matrimonii or separate support and maintenance, or in a 40 proceeding for disposition of property following a prior decree of 41 dissolution of a marriage by a court which lacked personal 42 jurisdiction over an absent spouse or which lacked jurisdiction to 43 dispose of the property, and in other marital litigation between the

1 [4747] 403 1 parties, the court shall make a final equitable apportionment 2 between the parties of the parties’ marital property upon request by 3 either party in the pleadings. 4 (B) In making apportionment, the court must give weight in 5 such proportion as it finds appropriate to all of the following 6 factors: 7 (1) the duration of the marriage together with the ages of the 8 parties at the time of the marriage and at the time of the divorce or 9 separate maintenance or other marital action between the parties; 10 (2) marital misconduct or fault of either or both parties, 11 whether or not used as a basis for a divorce as such, if the 12 misconduct affects or has affected the economic circumstances of 13 the parties, or contributed to the breakup of the marriage; 14 provided, that no evidence of personal conduct which would 15 otherwise be relevant and material for purposes of this subsection 16 shall be considered with regard to this subsection if such conduct 17 shall have taken place subsequent to the happening of the earliest 18 of: 19 (a) entry of a pendente lite order in a divorce or separate 20 maintenance action; 21 (b) formal signing of a written property or marital 22 settlement agreement; or 23 (c) entry of a permanent order of separate maintenance 24 and support or of a permanent order approving a property or 25 marital settlement agreement between the parties; 26 (3) the value of the marital property, whether the property be 27 within or without the State. The contribution of each spouse to the 28 acquisition, preservation, depreciation, or appreciation in value of 29 the marital property, including the contribution of the spouse as 30 homemaker; provided, that the court shall consider the quality of 31 the contribution as well as its factual existence; 32 (4) the income of each spouse, the earning potential of each 33 spouse, and the opportunity for future acquisition of capital assets; 34 (5) the health, both physical and emotional, of each spouse; 35 (6) the need of each spouse or either spouse for additional 36 training or education in order to achieve that spouses’s income 37 potential; 38 (7) the nonmarital property of each spouse; 39 (8) the existence or nonexistence of vested retirement 40 benefits for each or either spouse; 41 (9) whether separate maintenance or alimony has been 42 awarded;

1 [4747] 404 1 (10) the desirability of awarding the family home as part of 2 equitable distribution or the right to live therein for reasonable 3 periods to the spouse having custody of any children; 4 (11) the tax consequences to each or either party as a result of 5 any particular form of equitable apportionment; 6 (12) the existence and extent of any support obligations, from 7 a prior marriage or for any other reason or reasons, of either party; 8 (13) liens and any other encumbrances upon the marital 9 property, which themselves must be equitably divided, or upon the 10 separate property of either of the parties, and any other existing 11 debts incurred by the parties or either of them during the course of 12 the marriage; 13 (14) child custody arrangements and obligations at the time of 14 the entry of the order; and 15 (15) such other relevant factors as the trial court shall 16 expressly enumerate in its order. 17 (C) The court’s order as it affects distribution of marital 18 property shall be a final order not subject to modification except 19 by appeal or remand following proper appeal. 20 21 Section 20-3-630. (A) The term ‘marital property’ as used in 22 this article means all real and personal property which has been 23 acquired by the parties during the marriage and which is owned as 24 of the date of filing or commencement of marital litigation as 25 provided in Section 20-3-620 regardless of how legal title is held, 26 except the following, which constitute nonmarital property: 27 (1) property acquired by either party by inheritance, devise, 28 bequest, or gift from a party other than the spouse; 29 (2) property acquired by either party before the marriage and 30 property acquired after the happening of the earliest of: 31 (a) entry of a pendente lite order in a divorce or separate 32 maintenance action; 33 (b) formal signing of a written property or marital 34 settlement agreement; or 35 (c) entry of a permanent order of separate maintenance 36 and support or of a permanent order approving a property or 37 marital settlement agreement between the parties; 38 (3) property acquired by either party in exchange for 39 property described in items (1) and (2) of this section; 40 (4) property excluded by written contract of the parties. 41 ‘Written contract’ includes any antenuptial agreement of the 42 parties which must be considered presumptively fair and equitable 43 so long as it was voluntarily executed with both parties separately

1 [4747] 405 1 represented by counsel and pursuant to the full financial disclosure 2 to each other that is mandated by the rules of the family court as to 3 income, debts, and assets; 4 (5) any increase in value in nonmarital property, except to 5 the extent that the increase resulted directly or indirectly from 6 efforts of the other spouse during marriage. 7 Interspousal gifts of property, including gifts of property from 8 one spouse to the other made indirectly by way of a third party, are 9 marital property which is subject to division. 10 (B) The court does not have jurisdiction or authority to 11 apportion nonmarital property. 12 13 Section 20-3-640. In determining the value of contributions 14 prior to making an equitable apportionment, the court: 15 (1) shall make findings of fact from credible evidence of the 16 values of property and services, if any; 17 (2) is empowered to take judicial notice of official reports of 18 the federal and state governments, including official bulletins, 19 publications, and reports of general public interest where these 20 reports are made and published by authority of law or have been 21 adopted by state statute; 22 (3) has the authority to appoint experts as necessary for the 23 purpose of valuation of property and contributions and to assess 24 the cost against any or all parties to the action. 25 26 Section 20-3-650. (A) At any stage of a proceeding under this 27 article where it appears to the court that personal jurisdiction may 28 not be obtained over an absent party or where a party refuses to 29 comply with an order of the court, the court may, upon appropriate 30 petition, order the sequestration of that party’s real and personal 31 property which is within this State. The court may also appoint a 32 sequestrator and, by injunction or otherwise, authorize the 33 sequestrator to take the property into possession and control. In 34 the case of an absent party, the court may appoint the party 35 residing in this State as sequestator. 36 (B) The property sequestered and the income from it may be 37 applied in whole or in part, at the direction of the court and as 38 justice may require, so as to achieve an equitable apportionment of 39 property as set forth in this article. 40 (C) Additionally, the court, in its discretion, if the property and 41 income from it which may be sequestered is insufficient to pay 42 what is required, may, upon terms and conditions as it considers in 43 the interests of justice, direct the mortgaging of or the public or

1 [4747] 406 1 private sale of a sufficient amount of the sequestered property to 2 pay what is required. 3 (D) The family court in which the action is filed has jurisdiction 4 and venue to sequester property located within this State. 5 (E) The remedies in this section are cumulative to all other 6 remedies which may be available to the parties. 7 8 Section 20-3-660. (A) The court may direct a party to execute 9 and deliver any deed, bill of sale, note, mortgage, or other 10 document necessary to carry out its order of equitable 11 apportionment. If a party so directed fails to comply, the court 12 may direct the clerk of court in the county in which the property 13 involved is situate to execute and deliver the document, and this 14 performance by the clerk is as effective as the performance of the 15 party would have been. The court in making an equitable 16 apportionment may order the public or private sale of all or any 17 portion of the marital property upon terms it determines. 18 (B) The court may utilize any other reasonable means to 19 achieve equity between the parties, which means are subject to and 20 may not be inconsistent with the other provisions of this article and 21 may include making a monetary award to achieve an equitable 22 apportionment. Any monetary award made does not constitute a 23 payment which is treated as ordinary income to the recipient under 24 either the provisions of Chapter 6 of Title 12 or, to the extent 25 lawful, under the United States Internal Revenue Code. 26 27 Section 20-3-670. (A)(1) In a proceeding under this article, 28 either party may record a notice of the pendency of proceedings in 29 the manner provided in civil actions generally, which has the same 30 effect as a notice in civil actions. The rights and interests of each 31 spouse in the other’s property created by this article are not 32 effective against third parties: 33 (a) with regard to any parcel of real property in which an 34 interest under this article is claimed until a Notice of Pendency of 35 Action is filed as provided in Section 15-11-10 with the clerk of 36 court of the county in which such parcel of real property is 37 situated; and 38 (b) with regard to personal property, until the third party 39 has received written notice from either spouse in a proceeding 40 under this article that marital litigation has been filed. 41 (2) Prior rights and interests of third parties: 42 (a) in real property are not affected by filing a Notice of 43 Pendency of Action; and

1 [4747] 407 1 (b) in personal property are not affected by receipt of 2 written notice of such a filing. 3 (B)(1) Upon entry of judgment against a party requiring 4 payment of money or transfer of property, whether by 5 interlocutory order or final decree, a party may apply to the court 6 for issuance of a transcript of judgment in the form prescribed in 7 Section 20-3-680. This transcript may be recorded in the office of 8 the clerk of court of common pleas and indexed in the books of 9 abstracts of judgments of any county of this State as provided by 10 law. 11 (2) After the order or decree has been duly recorded and 12 indexed in the office of the clerk of court of common pleas, the 13 order or decree has all force and effect of judgments of the courts 14 of common pleas as provided by law, the recording and indexing 15 constituting record notice to all persons of the order or decree 16 recorded and indexed. 17 (3) The recordation and filing of a transcript of judgment 18 does not prevent the court from exercising any equitable or other 19 presently existing power of enforcement of the order or decree 20 which is within its jurisdiction. 21 (C) The statutory lien created by Section 20-3-145 is not 22 effective as against third parties unless this section has been 23 complied with. 24 25 Section 20-3-680. A transcript of judgment may be 26 substantially in the following form: 27 STATE OF SOUTH CAROLINA 28 COUNTY OF IN THE FAMILY COURT 29 ______, 30 Petitioner, 31 vs. 32 ______, TRANSCRIPT OF 33 JUDGMENT 34 Respondent. 35 NOTICE IS HEREBY GIVEN that in the above-captioned 36 proceeding, (family court docket # of proceeding or domestic 37 judgment #), filed in the family court of the State and county 38 aforesaid, judgment was entered against ______, the 39 ______in the action, on the ___ day of ______, 19_, [in 40 the amount of ______, as and by reason of (an award of 41 attorney’s fees, equitable division of property, etc.)] OR (requiring 42 conveyance to ______of the real property described as

1 [4747] 408 1 following:) Attorneys of record are ______, representing the 2 petitioner and ______, representing the respondent. 3 FURTHER NOTICE IS GIVEN that interest will accrue at the 4 statutory rate from the ___ day of ______19_, together with 5 costs in the amount of ______. 6 ______7 _ 8 Judge of the Family Court 9 place ______10 date ______. 11 12 Section 20-3-690. The family courts of this State have subject 13 matter jurisdiction over all contracts relating to property which is 14 involved in a proceeding under this article and over the 15 construction and enforcement of those contracts.” 16 17 SECTION 4. Chapter 5, Title 43 of the 1976 code is amended by 18 adding: 19 “Article 4 20 21 Department of Social Services Aid to Dependent Children 22 23 Section 43-5-400. When used in this article and unless the 24 specific context indicates otherwise: 25 (1) ‘Aid to dependent children or needy relative’ means money 26 payments with respect to or medical care in behalf of or any type 27 of remedial care recognized under state law in behalf of a 28 dependent child or dependent children, or a needy relative with 29 whom any dependent child is living. 30 (2) ‘Dependent child’ means a child under the age of eighteen 31 years who has been deprived of parental support or care by reason 32 of the death, continued absence from home or physical or mental 33 incapacity of a parent and who is living with his father, mother, 34 grandfather, grandmother, brother, sister, stepfather, stepmother, 35 stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece in 36 a place of residence maintained by one or more of such relatives as 37 his or their own home and who, if not granted aid, is likely to 38 become a public charge or who would otherwise be deprived of 39 proper support, care or training or a child under the age of 40 twenty-one years who is attending high school or college or 41 regularly attending a course of vocational or technical training. 42 The term ‘dependent child’ shall also include a child:

1 [4747] 409 1 (a) who would meet the requirements of subsection (A) 2 except for his removal, after April 30, 1961, from the home of a 3 relative, specified in subsection (A) as a result of a judicial 4 determination to the effect that continuation therein would be 5 contrary to the welfare of such child; 6 (b) whose placement and care are the responsibility of the 7 state agency ;and 8 (c) who has been placed in a foster family home or child 9 care institution as a result of such determination. 10 (3) The term ‘foster family home’ or ‘child care institution’ 11 means a foster family home or child care institution for children 12 which is licensed by the State; and 13 14 Section 43-5-410. The State Department may cooperate with 15 the Federal Government in the development of plans and policies 16 for aid to dependent children. It shall administer all funds 17 appropriated or made available for this purpose. 18 19 Section 43-5-420. Any person having knowledge that any child 20 is dependent and that the interest of such child or of the public 21 requires that such child be granted aid may bring such fact to the 22 attention of the county department in the county in which the 23 dependent child has residence or to the State Department by 24 making application for aid on such blanks as the State Department 25 shall prescribe and supply, furnishing such information as is 26 required thereon and is necessary for the proper administration of 27 these purposes. 28 29 Section 43-5-430. The county department shall make an 30 investigation and examination of the circumstances of such child. 31 Such investigation and examination shall be made in accordance 32 with rules prescribed by the State Department. A report of such 33 investigation and examination shall be made in writing and shall 34 become a part of the records of the county department. 35 36 Section 43-5-440. If such child is found to be in need, the 37 county department shall grant such aid as may be necessary for the 38 support of such child in his own home or in the home of one of his 39 relatives as set forth in this article, in a manner compatible with 40 decency and health. In case application for aid for a dependent 41 child is rejected by the county department, appeal may be made to 42 the State Department as elsewhere provided in this article. 43

1 [4747] 410 1 Section 43-5-450. In granting aid for dependent children the 2 amount granted shall not exceed thirty dollars per month for one 3 child in any home, nor twenty-one dollars per month for each 4 additional child in the same home, and shall not exceed thirty 5 dollars per month for a needy relative with whom any dependent 6 child is living. 7 Provided, the State agency shall with respect to any month 8 disregard: 9 (1) all of the earned income of each dependent child receiving 10 aid to families with dependent children who is a full-time student 11 to part-time student who is not a full-time employee attending a 12 school, college, or university, or a course of vocational or technical 13 training designed to fit him for gainful employment; and 14 (2) in the case of earned income of a dependent child not 15 included under item (1), a relative receiving such aid, and any 16 other individual (living in the same home as such relative and 17 child) whose needs are taken into account in making such 18 determination, the first thirty dollars of the total of such earned 19 income for such month plus one third of the remainder of such 20 income for such month. Provided, further, that the provisions of 21 this item shall not apply to earned income derived from 22 participation on a project maintained under the programs 23 established by Section 432(b)(2) and (3) of the Federal Social 24 Security Act. 25 Provided, further, that within the limitations of the State 26 appropriation the maximum amount per caretaker and per child 27 may be increased not in excess of the amount which may hereafter 28 be matched by the Federal Government. 29 30 Section 43-5-460. Each county department shall prepare, as 31 required by the State Department, an estimate of the amount 32 needed for dependent children in its county. Such estimate shall 33 set forth the number of children being aided, with the amounts of 34 grants to each individual child and such information or data as is 35 necessary for the State Department to estimate the probable 36 increase or decrease during the next ensuing period. A copy of 37 such estimates from the various county departments shall be 38 furnished each member of the legislative delegation of the 39 respective counties. 40 41 Section 43-5-470. The State Treasurer shall receive and deposit 42 in the State Treasury any Federal funds allotted to the State under 43 Section 403 of Title IV of the Federal Social Security Act, or

1 [4747] 411 1 otherwise, for aid to dependent children. Such sums shall be kept 2 by the State Treasurer in a dependent children’s aid account.” 3 4 SECTION 5. Article 3, Chapter 53, Title 44 of the 1976 Code is 5 amended by adding: 6 7 “Section 44-53-378. (A) It is unlawful for a person who is 8 eighteen years of age or older to: 9 (1) either directly or by extraction from natural substances, 10 or independently by means of chemical processes, or both, 11 unlawfully manufacture amphetamine, its salts, isomers, or salts of 12 isomers, or methamphetamine, its salts, isomers, or salts of its 13 isomers in the presence of a minor child; or 14 (2) knowingly permit a child to be in an environment where 15 a person is selling, offering for sale, or having in such person’s 16 possession with intent to sell, deliver, distribute, prescribe, 17 administer, dispense, manufacture, or attempt to manufacture 18 amphetamine or methamphetamine; or 19 (3) knowingly permit a child to be in an environment where 20 drug paraphernalia or volatile, toxic, or flammable chemicals are 21 stored for the purpose of manufacturing or attempting to 22 manufacture amphetamine or methamphetamine. 23 (B) A person who violates subsection (A)(1), (2), or (3), upon 24 conviction, for a first offense must be imprisoned not more than 25 five years or fined not more than five thousand dollars, or both. 26 Upon conviction for a second or subsequent offense, the person 27 must be imprisoned not more than ten years or fined not more than 28 ten thousand dollars, or both.” 29 30 SECTION 6. The repeal or amendment by this act of any law, 31 whether temporary or permanent or civil or criminal, does not 32 affect pending actions, rights, duties, or liabilities founded thereon, 33 or alter, discharge, release or extinguish any penalty, forfeiture, or 34 liability incurred under the repealed or amended law, unless the 35 repealed or amended provision shall so expressly provide. After 36 the effective date of this act, all laws repealed or amended by this 37 act must be taken and treated as remaining in full force and effect 38 for the purpose of sustaining any pending or vested right, civil 39 action, special proceeding, criminal prosecution, or appeal existing 40 as of the effective date of this act, and for the enforcement of 41 rights, duties, penalties, forfeitures, and liabilities as they stood 42 under the repealed or amended laws. 43

1 [4747] 412 1 SECTION 7. If any section, subsection, paragraph, subparagraph, 2 sentence, clause, phrase, or word of this act is for any reason held 3 to be unconstitutional or invalid, such holding shall not affect the 4 constitutionality or validity of the remaining portions of this act, 5 the General Assembly hereby declaring that it would have passed 6 this act, and each and every section, subsection, paragraph, 7 subparagraph, sentence, clause, phrase, and word thereof, 8 irrespective of the fact that any one or more other sections, 9 subsections, paragraphs, subparagraphs, sentences, clauses, 10 phrases, or words hereof may be declared to be unconstitutional, 11 invalid, or otherwise ineffective. 12 13 SECTION 8. Chapter 7, Title 20 and Sections 43-5-585, 14 43-5-595, 43-5-596, and 43-5-597 of the 1976 Code are repealed. 15 16 SECTION 9. The Code Commissioner shall incorporate into Title 17 63, or elsewhere if applicable, all acts passed during the 2008 18 legislative session that include substantive amendments to Chapter 19 7 of Title 20 or Sections 43-5-585, 43-5-595, 43-5-596, or 20 43-5-597. The Code Commissioner is authorized to make 21 revisions commensurate with the provisions of this act to cross 22 references in the 1976 Code. 23 24 SECTION 10. This act takes effect upon approval by the 25 Governor. 26 ----XX---- 27

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