BIL: 403
RTN: 181
ACN: 104
TYP: General Bill GB
INB: Senate
IND: 19990126
PSP: Courtney
SPO: Courtney, Short, Moore, Washington
DDN: l:\council\bills\psd\7161ac99.doc
DPB: 19990603
LAD: 19990602
GOV: S
DGA: 19990630
SUB: Social Services Department, Minors, Abused, neglected; Foster care, Child custody, placement
HST:
Body Date Action Description Com Leg Involved
______
------19990721 Act No. A104
------19990630 Signed by Governor
------19990624 Ratified R181
Senate 19990603 Concurred in House amendment,
enrolled for ratification
House 19990603 Read third time, returned to Senate
with amendment
House 19990603 Debate adjourned
House 19990602 Amended, read second time
House 19990602 Debate adjourned
House 19990601 Debate adjourned until
Wednesday, 19990602
House 19990526 Committee report: Favorable 25 HJ
House 19990421 Introduced, read first time, 25 HJ
referred to Committee
Senate 19990420 Amended, read third time,
sent to House
Senate 19990323 Read second time, ordered to
third reading with notice of
general amendments, carrying
over all amendments to third
reading
Senate 19990310 Committee report: Favorable 11 SJ
Senate 19990126 Introduced, read first time, 11 SJ
referred to Committee
Printed Versions of This Bill
Ordered Printed on 19990310
Ordered Printed on 19990420
Ordered Printed on 19990526
Ordered Printed on 19990602
TXT:
(A104, R181, S403)
AN ACT TO AMEND SECTION 207767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS WITH FOSTER CHILDREN AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION, AND TO STATE THE DUTIES OF FOSTER PARENTS UNDER THIS SECTION; TO AMEND SECTION 207764, AS AMENDED, RELATING TO APPROVAL OR AMENDMENT OF A PLACEMENT PLAN AFTER REMOVAL OF A CHILD, SO AS TO PROVIDE CIRCUMSTANCES FOR THE COURT TO CONSIDER WHEN DETERMINING WHETHER TO DISCLOSE IN THE PLAN THE LOCATION OF THE CHILD’S PLACEMENT; TO ADD SECTION 207775 SO AS TO REQUIRE THE DEPARTMENT TO DISCLOSE CERTAIN INFORMATION REGARDING THE CHILD TO THE FOSTER PARENTS; TO AMEND SECTION 191180, AS AMENDED, RELATING TO THE ADMISSIBILITY OF OUTOFCOURT STATEMENTS BY CERTAIN CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND SECTION 207420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND SECTION 207490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES IN THE CHILDREN’S CODE; TO AMEND SECTION 207510, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A MANDATED REPORTER TO REPORT TO LAW ENFORCEMENT IF THE PERPETRATOR IS NOT A “PERSON RESPONSIBLE FOR A CHILD’S WELFARE” AND TO PROVIDE REPORTING AND CONFIDENTIALITY PROVISIONS FOR EXCHANGE OF REPORTER INFORMATION BETWEEN THE DEPARTMENT AND LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 207540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR REPORTING ABUSE AND NEGLECT, SO AS TO EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR NEGLECT AND TO EXTEND THE IMMUNITY TO INCLUDE FULL DISCLOSURE OF THE FACTS; TO AMEND SECTION 207545, AS AMENDED, RELATING TO IMMUNITY OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND SECTION 207610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROBABLE CAUSE HEARING PROCEDURES; TO AMEND SECTION 207618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION 207650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN INVESTIGATION WITHIN TWENTYFOUR HOURS OF A CHILD’S DEATH DUE TO ABUSE OR NEGLECT UNLESS OTHER CHILDREN ARE IN THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND SECTION 207690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION 207736, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN ABUSE AND NEGLECT CASES, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 207765 RELATING TO FOSTER CARE TREATMENT PLAN REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM “TREATMENT PLAN” TO “PLACEMENT PLAN”; TO AMEND SECTION 207766, AS AMENDED, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO CLARIFY THAT A PROCEEDING MUST BE INITIATED BY THE FILING OF A MOTION AND TO PROVIDE THAT PENDING AN APPEAL IN A FOSTER CARE CASE THE JURISDICTION AND DISPOSITIONAL POWERS OF THE COURT CONTINUES ON MATTERS UNRELATED TO THE APPEAL; TO ADD SECTION 207770 REQUIRING CLERKS OF COURT TO SUBMIT CERTAIN INFORMATION ON CHILD PROTECTION CASES TO COURT ADMINISTRATION WHICH MUST FORWARD THIS INFORMATION MONTHLY AND IN AN ANNUAL REPORT TO THE DEPARTMENT AND TO REQUIRE COURT ADMINISTRATION TO PROSPECTIVELY USE A SEPARATE CODE TO IDENTIFY ABUSE AND NEGLECT CASES; TO AMEND SECTION 2071572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC VIOLENCE, AS A GROUND FOR TERMINATION; TO ADD SECTION 2071630 SO AS TO REQUIRE THE DEPARTMENT TO INFORM FOSTER PARENTS OF FOSTER CHILDREN WHO ARE RELATIVES ABOUT THE BENEFITS ATTENDANT TO PROVIDING FOSTER CARE AND TO PROVIDE ASSISTANCE IN ACQUIRING LICENSING; TO AMEND SECTION 2071640, AS AMENDED, RELATING TO FINGERPRINTING OF FOSTER PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A TEMPORARY LICENSE IF CERTAIN PRELIMINARY CRIMINAL RECORDS REQUIREMENTS ARE MET; TO AMEND SECTION 2072376, AS AMENDED, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE BOARDS TO SUBMIT WRITTEN REPORTS TO THE COURT THAT ARE DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE; TO AMEND SECTION 596331 RELATING TO RESIDENCY REQUIREMENTS FOR ATTENDING A PUBLIC SCHOOL, SO AS TO PROVIDE PROCEDURES FOR CHILDREN TO OBTAIN CONTINUED SCHOOLING AT A PARTICULAR SCHOOL IF THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY THAT THE REQUIRED EVALUATION IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES PARTICIPATING IN THE PILOT, TO REQUIRE THE DEPARTMENT TO ENSURE THAT DATA COLLECTION AND EVALUATION SHALL NOT INTERFERE WITH IMPLEMENTING THE PROGRAM TO EXPAND FROM THIRTY TO FORTYFIVE DAYS THE TIME WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE TO BE REFERRED TO THE PILOT PROJECT AND TO ALLOW FOR AN EXTENSION, TO AUTHORIZE THE DEPARTMENT TO EXPAND THE PILOT SYSTEM TO SIX, RATHER THAN THREE COUNTIES, AND TO EXTEND THE PILOT FOR UP TO THREE YEARS, RATHER THAN TWO YEARS, TO CLARIFY THE TIME WITHIN WHICH AN INVESTIGATION OR ASSESSMENT MUST BE COMPLETED BY A PILOT COUNTY, AND TO APPLY THE POLICIES AND PROCEDURES PERTAINING TO RECORDS OF UNFOUNDED AND FOUNDED CASES OF ABUSE OR NEGLECT, AS ESTABLISHED IN LAW TO RECORDS OF ASSESSMENT CASES CREATED UNDER THE PILOT SYSTEM.
Be it enacted by the General Assembly of the State of South Carolina:
Duties of department
SECTION 1. Section 207767 of the 1976 Code, as added by Act 22 of 1997, is amended to read:
“Section 207767. (A) To protect and nurture children in foster care, the Department of Social Services and its employees shall:
(1) adhere strictly to the prescribed number of personal contacts, pursuant to Section 207764(B)(3). These contacts must be personal, facetoface visits between the caseworker or member of the casework team and the foster child. These visits may be conducted in the foster home and in the presence of other persons who reside in the foster home; however, if the caseworker suspects that the child has been abused or neglected during the placement with the foster parent, the caseworker must observe and interview the child outside the presence of other persons who reside in the foster home;
(2) ensure that a caseworker interviews the foster parent, either in person or by telephone, at least once each month. No less frequently than once every two months, ensure that a caseworker or member of the casework team interviews the foster parent facetoface during a visit in the foster home;
(3) ensure that a caseworker interviews other adults residing in the foster home, as defined in Section 20730(8), facetoface at least once each quarter. A foster parent must notify the department if another adult moves into the home, and the caseworker must interview the adult facetoface within one month after receiving notice. Interviews of foster parents pursuant to item (2) and of other adults residing in the home pursuant to this item may be conducted together or separately at the discretion of the department;
(4) ensure that its staff visit in the foster home and interview the foster parent or other adults in the home more frequently when conditions in the home, circumstances of the foster children, or other reasons defined in policy and procedure suggest that increased oversight or casework support is appropriate. When more than one caseworker is responsible for a child in the foster home, the department may assign one caseworker to conduct the required facetoface interview with the other adults residing in the foster home;
(5) provide to the foster child, if age appropriate, a printed card containing a telephone number the child may use to contact a designated unit or individual within the Department of Social Services and further provide an explanation to the child that the number is to be used if problems occur which the child believes his or her caseworker cannot or will not resolve;
(6) strongly encourage by letter of invitation, provided at least three weeks in advance, the attendance of foster parents to all Foster Care Review Board proceedings held for children in their care. If the foster parents are unable to attend the proceedings, they must submit a progress report to the Office of the Governor, Division of Foster Care Review, at least three days prior to the proceeding. Failure of a foster parent to attend the Foster Care Review Board proceeding or failure to submit a progress report to the Division of Foster Care Review does not require the board to delay the proceeding. The letter of invitation and the progress report form must be supplied by the agency;
(7) be placed under the full authority of sanctions and enforcement by the family court pursuant to Section 207420(30) and Section 207420(36) for failure to adhere to the requirements of this subsection.
(B) If the department places a child in foster care in a county which does not have jurisdiction of the case, the department may designate a caseworker in the county of placement to make the visits required by subsection (A).
(C) In fulfilling the requirements of subsection (A), the Department of Social Services shall reasonably perform its tasks in a manner which is least intrusive and disruptive to the lives of the foster children and their foster families.
(D) The Department of Social Services, in executing its duties under subsection (A)(4), must provide a toll free telephone number which must operate twentyfour hours a day.
(E) Any public employee in this State who has actual knowledge that a person has violated any of the provisions of subsection (A) must report those violations to the state office of the Department of Social Services; however, the Governor’s Division of Foster Care Review must report violations of subsection (A)(4) in their regular submissions of advisory decisions and recommendations which are submitted to the family court and the department. Any employee who knowingly fails to report a violation of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(F) Foster parents have a duty to make themselves reasonably available for the interviews required by subsection (A)(2) and to take reasonable steps to facilitate caseworkers’ interviews with other adults who reside in the home as required by subsection (A)(3). Failure to comply with either the duties in this subsection or those in subsection (A)(3) constitutes grounds for revocation of a foster parent’s license or other form of approval to provide care to children in the custody of the department. Revocation would depend on the number of instances of noncompliance, the foster parents’ wilfulness in noncompliance, or other circumstances indicating that noncompliance by the foster parents significantly and unreasonably interferes with the department’s ability to carry out its protective functions under this section.