Reference is to Introduced Version.
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/SECTION 1. Section 63-7-20 of the 1976 Code is amended to read:
"Section 63-7-20.
When used in this chapter or Chapter 9 or 11 and unless
the specific context indicates otherwise:
(1) 'Abandonment of a child' means a parent
or guardian wilfully deserts a child or wilfully surrenders
physical possession of a child without making adequate
arrangements for the child's needs or the continuing care of the
child.
(2) 'Affirmative determination' means a
finding by a preponderance of evidence that the child was abused
or neglected by the person who is alleged or determined to have
abused or neglected the child and who is mentioned by name in a
report or finding. This finding may be made only by:
(a) the court;
(b) the Department of
Social Services upon a final agency decision in its appeals
process; or
(c) waiver by the
subject of the report of his right to appeal. If an affirmative
determination is made by the court after an affirmative
determination is made by the Department of Social Services, the
court's finding must be the affirmative determination.
(3) 'Age or
developmentally appropriate' means (i) activities or items that
are generally accepted as suitable for children of the same
chronological age or level of maturity or that are determined to
be developmentally-appropriate for a child, based on the
development of cognitive, emotional, physical, and behavioral
capacities that are typical for an age or age group; and (ii) in
the case of a specific child, activities or items that are
suitable for the child based on the developmental stages
attained by the child with respect to the cognitive, emotional,
physical, and behavioral capacities of the child.
(4)
'Caregiver' means a foster parent, kinship foster
parent, or employee of a group home who is designated to make
decisions regarding age-appropriate activities or experiences on
behalf of a child in the custody of the department.
(3)(5) 'Child'
means a person under the age of eighteen.
(4)(6)
'Child abuse or neglect' or 'harm' occurs when the
parent, guardian, or other person responsible for the child's
welfare:
(a) inflicts or allows
to be inflicted upon the child physical or mental injury or
engages in acts or omissions which present a substantial risk of
physical or mental injury to the child, including injuries
sustained as a result of excessive corporal punishment, but
excluding corporal punishment or physical discipline which:
(i) is administered by
a parent or person in loco parentis;
(ii) is perpetrated
for the sole purpose of restraining or correcting the child;
(iii) is reasonable in
manner and moderate in degree;
(iv) has not brought
about permanent or lasting damage to the child; and
(v) is not reckless or
grossly negligent behavior by the parents.
(b) commits or allows
to be committed against the child a sexual offense as defined by
the laws of this State or engages in acts or omissions that
present a substantial risk that a sexual offense as defined in
the laws of this State would be committed against the child;
(c) fails to supply
the child with adequate food, clothing, shelter, or education as
required under Article 1 of Chapter 65 of Title 59, supervision
appropriate to the child's age and development, or health care
though financially able to do so or offered financial or other
reasonable means to do so and the failure to do so has caused or
presents a substantial risk of causing physical or mental
injury. However, a child's absences from school may not be
considered abuse or neglect unless the school has made efforts
to bring about the child's attendance, and those efforts were
unsuccessful because of the parents' refusal to cooperate. For
the purpose of this chapter 'adequate health care' includes any
medical or nonmedical remedial health care permitted or
authorized under state law;
(d) abandons the
child;
(e) encourages,
condones, or approves the commission of delinquent acts by the
child including, but not limited to, sexual trafficking or
exploitation, and the commission of the acts are shown to be
the result of the encouragement, condonation, or approval;
or
(f) has committed
abuse or neglect as described in subsections (a) through (e)
such that a child who subsequently becomes part of the person's
household is at substantial risk of one of those forms of abuse
or neglect.
(5)(7) 'Child
protective investigation' means an inquiry conducted by the
department in response to a report of child abuse or neglect
made pursuant to this chapter.
(6)(8)
'Child protective services' means assistance
provided by the department as a result of indicated reports or
affirmative determinations of child abuse or neglect, including
assistance ordered by the family court or consented to by the
family. The objectives of child protective services are to:
(a) protect the
child's safety and welfare; and
(b) maintain the child
within the family unless the safety of the child requires
placement outside the home.
(7)(9)
'Court' means the family court.
(8)(10)
'Department' means the Department of Social
Services.
(9)(11)
'Emergency protective custody' means the right to
physical custody of a child for a temporary period of no more
than twenty-four hours to protect the child from imminent
danger.
Emergency protective custody may be taken
only by a law enforcement officer pursuant to this chapter.
(10)(12)
'Guardianship of a child' means the duty and
authority vested in a person by the family court to make certain
decisions regarding a child, including:
(a) consenting to a
marriage, enlistment in the armed forces, and medical and
surgical treatment;
(b) representing a
child in legal actions and to make other decisions of
substantial legal significance affecting a child; and
(c) rights and
responsibilities of legal custody when legal custody has not
been vested by the court in another person, agency, or
institution.
(11)(13)
'Indicated report' means a report of child abuse or
neglect supported by facts which warrant a finding by a
preponderance of evidence that abuse or neglect is more likely
than not to have occurred.
(12)(14)
'Institutional child abuse and neglect' means
situations of known or suspected child abuse or neglect where
the person responsible for the child's welfare is the employee
of a public or private residential home, institution, or
agency.
(13)(15)
'Legal custody' means the right to the physical
custody, care, and control of a child; the right to determine
where the child shall live; the right and duty to provide
protection, food, clothing, shelter, ordinary medical care,
education, supervision, and discipline for a child and in an
emergency to authorize surgery or other extraordinary care. The
court may in its order place other rights and duties with the
legal custodian. Unless otherwise provided by court order, the
parent or guardian retains the right to make decisions of
substantial legal significance affecting the child, including
consent to a marriage, enlistment in the armed forces, and major
nonemergency medical and surgical treatment, the obligation to
provide financial support or other funds for the care of the
child, and other residual rights or obligations as may be
provided by order of the court.
(14)(16)
'Mental injury' means an injury to the
intellectual, emotional, or psychological capacity or
functioning of a child as evidenced by a discernible and
substantial impairment of the child's ability to function when
the existence of that impairment is supported by the opinion of
a mental health professional or medical professional.
(15)(17)
'Party in interest' includes the child, the child's
attorney and guardian ad litem, the natural parent, an
individual with physical or legal custody of the child, the
foster parent, and the local foster care review board.
(16)(18)
'Person responsible for a child's welfare' includes
the child's parent, guardian, foster parent, an operator,
employee, or caregiver, as defined by Section 63-13-20, of a
public or private residential home, institution, agency, or
childcare facility or an adult who has assumed the role or
responsibility of a parent or guardian for the child, but who
does not necessarily have legal custody of the child. A person
whose only role is as a caregiver and whose contact is only
incidental with a child, such as a babysitter or a person who
has only incidental contact but may not be a caretaker, has not
assumed the role or responsibility of a parent or guardian. An
investigation pursuant to Section 63-7-920 must be initiated
when the information contained in a report otherwise sufficient
under this section does not establish whether the person has
assumed the role or responsibility of a parent or guardian for
the child.
(17)(19)
'Physical custody' means the lawful, actual
possession and control of a child.
(18)(20)
'Physical injury' means death or permanent or
temporary disfigurement or impairment of any bodily organ or
function.
(19)(21)
'Preponderance of evidence' means evidence which,
when fairly considered, is more convincing as to its truth than
the evidence in opposition.
(20)(22)
'Probable cause' means facts and circumstances
based upon accurate and reliable information, including hearsay,
that would justify a reasonable person to believe that a child
subject to a report under this chapter is abused or
neglected.
(21)(23)
'Protective services unit' means the unit established within the
Department of Social Services which has prime responsibility for
state efforts to strengthen and improve the prevention,
identification, and treatment of child abuse and neglect.
(24)
'Reasonable and prudent parent standard' means the
standard of care characterized by careful and sensible parental
decisions that maintain the health, safety, and best interests
of a child while at the same time encouraging the growth and
development of the child, that a caregiver shall use when
determining whether to allow a child in foster care to
participate in extracurricular, enrichment, cultural, and social
activities.
(22)(25)
'Subject of the report' means a person who is
alleged or determined to have abused or neglected the child, who
is mentioned by name in a report or finding.
(23)(26)
'Suspected report' means all initial reports of
child abuse or neglect received pursuant to this chapter.
(24)(27)
'Unfounded report' means a report made pursuant to
this chapter for which there is not a preponderance of evidence
to believe that the child is abused or neglected. For the
purposes of this chapter, it is presumed that all reports are
unfounded unless the department determines otherwise."
SECTION 2. Section 63-7-1700 of the 1976 Code is amended to read:
"Section 63-7-1700.
(A) The family court shall review the status of a child
placed in foster care upon motion filed by the department to
determine a permanent plan for the child. The permanency
planning hearing must be held no later than one year after the
date the child was first placed in foster care. At the initial
permanency planning hearing, the court shall review the status
of the child and the progress being made toward the child's
return home or toward any other permanent plan approved at the
removal hearing. The court's order shall make specific findings
in accordance with this section. An action for permanency
planning must be brought for a child who enters the custody of
the department by any mechanism, including subarticle 3 or
Section 63-7-1660 or 63-9-330. If the child enters the custody
of the department pursuant to Section 63-9-330 and no action is
pending in the family court concerning the child, the department
may initiate the permanency planning hearing with a summons and
petition for review. All parties must be served with the motion
or the summons and petition at least ten days before the
hearing, and no responsive pleading is required.
(B) The department shall attach a
supplemental report to the motion or summons and petition which
must contain at least:
(1)
that information necessary to support findings required in
subsections (C) through (H), as applicable;
(2)
the recommended permanent plan and suggested timetable for
attaining permanence;
(3)
a statement of whether or not the court has authorized the
department to forego or terminate reasonable efforts pursuant to
Section 63-7-1640; and
(4)
any reports of the local foster care review board
which pertain to the child. the most recent written
report of the local foster care review board;
(5)
results of consultation with the child for those
children under age fourteen or older who are in foster care, to
include the placement request of the child; and
(6)
steps the department is taking to facilitate the
caregiver's compliance with the reasonable and prudent parent
standard and the department's efforts to determine whether the
child has regular, ongoing opportunities to engage in
age-appropriate activities.
The department may use the same form for
the supplemental report, reports from the department to the
local foster care review board, and reports compiled for
internal department reviews.
(C) At the permanency planning hearing, the
court shall review the department's approve
a plan for achieving permanence for the child.
(1)
The court shall review the proposed plan(s) of
the department, the guardian ad litem, and the local foster care
review board and shall address the recommendations of each in
the record.
(2)
If At each permanency planning
hearing where the department's plan is not reunification
with the parents, custody or guardianship with a fit and willing
relative, or termination of parental rights and adoption,
the department must show compelling reasons for the
selection of another permanent plan provide
documentation of the department's intensive, ongoing, yet
unsuccessful efforts to return the child home or secure a
placement for the child with a fit and willing relative, a legal
guardian, or an adoptive parent. If the court approves a
plan that is not reunification with the parents, custody
or guardianship with a fit and willing relative, or termination
of parental rights of another planned permanent
living arrangement (APPLA), the court must find compelling
reasons for approval of the plan, including compelling
reasons why reunification with the parents, custody, or
guardianship with a fit and willing relative, or termination of
parental rights and adoption is not in the best interests,
and that the plan is and continues to be in the child's
best interests. The court shall not approve or order another
APPLA pursuant to this item for children under the age of
sixteen. At each hearing in which the court approves or renews
APPLA for a child over the age of sixteen, the court must ask
the child about the child's wishes as to the placement
plan.
(3)
In addition to the requirements in items (1) and
(2), at each permanency planning hearing, the court shall review
the department's efforts to facilitate the caregiver's
compliance with the 'reasonable and prudent parent standard' and
the department's efforts to determine whether the child has
regular, ongoing opportunities to engage in age-appropriate
activities.
(D) If the court determines at the
permanency planning hearing that the child may be safely
maintained in the home in that the parent has remedied the
conditions that caused the removal and the return of the child
to the child's parent would not cause an unreasonable risk of
harm to the child's life, physical health, safety, or mental
well-being, the court shall order the child returned to the
child's parent. The court may order a specified period of
supervision and services not to exceed twelve months. When
determining whether the child should be returned, the court
shall consider all evidence; if the removal of the child from
the family was due to drug use by one or both parents, then a
drug test must be administered to the parent or both parents, as
appropriate, and the results must be considered with all other
evidence in determining whether the child should be returned to
the parents' care; and the supplemental report including whether
the parent has substantially complied with the terms and
conditions of the plan approved pursuant to Section
63-7-1680.
(E) Unless subsection (C), (F), or (G)
applies, if the court determines at the permanency planning
hearing that the child should not be returned to the child's
parent at that time, the court's order shall require the
department to file a petition to terminate parental rights to
the child not later than sixty days after receipt of the order.
If a petition to terminate parental rights is to be filed, the
department shall exercise and document every reasonable effort
to promote and expedite the adoptive placement and adoption of
the child, including a thorough adoption assessment and
child-specific recruitment. Adoptive placements must be
diligently sought for the child and failure to do so solely
because a child is classified as 'special needs' is expressly
prohibited. An adoption may not be delayed or denied solely
because a child is classified as 'special needs'. For purposes
of this subsection:
(1) 'thorough adoption
assessment' means conducting and documenting face-to-face
interviews with the child, foster care providers, and other
significant parties; and
(2) 'child specific
recruitment' means recruiting an adoptive placement targeted to
meet the individual needs of the specific child including, but
not be limited to, use of the media, use of photo listings, and
any other in-state or out-of-state resources which may be
utilized to meet the specific needs of the child, unless there
are extenuating circumstances that indicate that these efforts
are not in the best interest of the child.
(F) If the court determines that the
criteria in subsection (D) are not met but that the child may be
returned to the parent within a specified reasonable time not to
exceed eighteen months after the child was placed in foster
care, the court may order an extension of the plan approved
pursuant to Section 63-7-1680 or may order compliance with a
modified plan, but in no case may the extension for
reunification continue beyond eighteen months after the child
was placed in foster care. An extension may be granted pursuant
to this section only if the court finds:
(1) that the parent
has demonstrated due diligence and a commitment to correcting
the conditions warranting the removal so that the child could
return home in a timely fashion;
(2) that there are
specific reasons to believe that the conditions warranting the
removal will be remedied by the end of the extension;
(3) that the return of
the child to the child's parent would not cause an unreasonable
risk of harm to the child's life, physical health, safety, or
mental well-being;
(4) that, at the time
of the hearing, initiation of termination of parental rights is
not in the best interest of the child; and
(5) that the best
interests of the child will be served by the extended or
modified plan.
(G) If after assessing the viability of
adoption, the department demonstrates that termination of
parental rights is not in the child's best interests, the court
may award custody or legal guardianship, or both, to a suitable,
fit, and willing relative or nonrelative if the court finds this
to be in the best interest of the child; however, a home study
on the individual whom the department is recommending for
custody of the child must be submitted to the court for
consideration before custody or legal guardianship, or both, are
awarded. The court may order a specified period of supervision
and services not to exceed twelve months, and the court may
authorize a period of visitation or trial placement prior to
receiving a home study.
(H) If at the initial permanency planning
hearing the court does not order return of the child pursuant to
subsection (D), in addition to those findings supporting the
selection of a different plan, the court shall specify in its
order:
(1) what services have
been provided to or offered to the parents to facilitate
reunification;
(2) the compliance or
lack of compliance by all parties to the plan approved pursuant
to Section 63-7-1680;
(3) the extent to
which the parents have visited or supported the child and any
reasons why visitation or support has not occurred or has been
infrequent;
(4) whether previous
services should continue and whether additional services are
needed to facilitate reunification, identifying the services,
and specifying the expected date for completion, which must be
no longer than eighteen months from the date the child was
placed in foster care;
(5) whether return of
the child can be expected and identification of the changes the
parent must make in circumstances, conditions, or behavior to
remedy the causes of the child's placement or retention in
foster care;
(6) whether the
child's foster care is to continue for a specified time and, if
so, how long;
(7) if the child has
attained the age of sixteen, the services needed to assist the
child to make the transition to independent living;
(8) whether the
child's current placement is safe and appropriate;
(9) whether the
department has made reasonable efforts to assist the parents in
remedying the causes of the child's placement or retention in
foster care, unless the court has previously authorized the
department to terminate or forego reasonable efforts pursuant to
Section 63-7-1640; and
(10) the steps the
department is taking to promote and expedite the adoptive
placement and to finalize the adoption of the child, including
documentation of child specific recruitment efforts.
(I) If after the permanency planning
hearing, the child is retained in foster care, future permanency
planning hearings must be held as follows:
(1) If the child is
retained in foster care and the agency is required to initiate
termination of parental rights proceedings, the termination of
parental rights hearing may serve as the next permanency
planning hearing, but only if it is held no later than one year
from the date of the previous permanency planning hearing.
(2) If the court
ordered extended foster care for the purpose of reunification
with the parent, the court must select a permanent plan for the
child other than another extension for reunification purposes at
the next permanency planning hearing. The hearing must be held
on or before the date specified in the plan for expected
completion of the plan; in no case may the hearing be held any
later than six months from the date of the last court order.
(3) After the
termination of parental rights hearing, the requirements of
Section 63-7-2580 must be met. Permanency planning hearings must
be held annually, starting with the date of the termination of
parental rights hearing. No further permanency planning hearings
may be required after filing a decree of adoption of the
child.
(4) If the court
places custody or guardianship with the parent, extended family
member, or suitable nonrelative and a period of services and
supervision is authorized, services and supervision
automatically terminate on the date specified in the court
order. Before the termination date, the department or the
guardian ad litem may file a petition with the court for a
review hearing on the status of the placement. Filing of the
petition stays termination of the case until further order from
the court. If the court finds clear and convincing evidence that
the child will be threatened with harm if services and
supervision do not continue, the court may extend the period of
services and supervision for a specified time. The court's order
must specify the services and supervision necessary to reduce or
eliminate the risk of harm to the child.
(5) If the child is
retained in foster care pursuant to a plan other than one
described in items (1) through (4), future permanency planning
hearings must be held at least annually.
(J) A named party, the child's guardian ad
litem, or the local foster care review board may file a motion
for review of the case at any time. Any other party in interest
may move to intervene in the case pursuant to the rules of civil
procedure and if the motion is granted, may move for review.
Parties in interest include, but are not limited to, the
individual or agency with legal custody or placement of the
child and the foster parent. The notice of motion and motion for
review must be served on the named parties at least ten days
before the hearing date. The motion must state the reason for
review of the case and the relief requested.
(K) The pendency of an appeal concerning a
child in foster care does not deprive the court of jurisdiction
to hear a case pursuant to this section. The court shall retain
jurisdiction to review the status of the child and may act on
matters not affected by the appeal."
SECTION 3. Section 63-7-2310 of the 1976 Code is amended to read:
"Section 63-7-2310.
(A) To protect and nurture children in foster care, the
Department of Social Services and its employees shall:
(1) use its best
efforts to normalize the lives of children in foster care by
allowing a caregiver, without the department's prior approval,
to make decisions similar to those a parent would be entitled to
make regarding a child's participation in age or developmentally
appropriate activities. In determining whether to allow a child
in foster care to participate in an activity, a caregiver must
exercise the reasonable and prudent parent standard;
(2)
adhere strictly to the prescribed number of
personal contacts, pursuant to Section 63-7-1680(B)(3). These
contacts must be personal, face-to-face 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)(3) 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 face-to-face
during a visit in the foster home;
(3)(4) ensure
that a caseworker interviews other adults residing in the foster
home, as defined in Section 63-1-40, face-to-face 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 face-to-face within one month after
receiving notice. Interviews of foster parents pursuant to item
(2) (3) 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)(5) 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 face-to-face interview with the other adults
residing in the foster home;
(5)(6) 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 and
provide to the foster child a document describing the rights of
the child regarding education, health, visitation, court
participation, and the right to stay safe and avoid
exploitation, and a signed acknowledgement from the child upon
receipt;
(6)(7)
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 Board, 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
Board 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)(8) be
placed under the full authority of sanctions and enforcement by
the family court pursuant to Section 63-3-530(30) and Section
63-3-530(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)(6), must provide a toll free
telephone number which must operate twenty-four 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
Board must report violations of subsection
(A)(4)(6) 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)(3) and to take
reasonable steps to facilitate caseworkers' interviews with
other adults who reside in the home as required by subsection
(A)(3)(4). Failure to comply with either
the duties in this subsection or those in subsection
(A)(3)(4) 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.
(G) To further this state's
long-term goals and objectives on behalf of children in foster
care, the Department of Social Services shall give to the
General Assembly by January 15, 2000, a report of the status of
the foster care system which includes improvements the
department has made to ensure the safety and quality of life of
South Carolina's foster children. This report must include:
(1)
specific standards for the training of foster parents, including
the type of training which is provided;
(2)
standards which address emergency situations affecting the
maximum number of children placed in each foster home;
(3)
standards which provide for the periodic determination of the
medical condition of a child during his stay in foster care;
and
(4)
methods the department has developed to encourage the receipt of
information on the needs of children in foster care from persons
who have been recently emancipated from the foster care
system.
The department shall adopt and implement
any policies consistent with this section that are necessary to
promote a caregiver's ability to make decisions described by
subsection (A)(1). The department shall make efforts to
identify and review any department policy or procedure that may
impede a caregiver's ability to make such decisions.
The department shall incorporate
into its training for caregivers as defined in Section
63-7-20(4) and agency personnel, the importance of a child's
participation in age or developmentally appropriate activities,
the benefits of such activities to a child's well-being, and
decision-making under the reasonable and prudent parent
standard.
A caregiver is not liable for harm
cause to or by a child in foster care who participates in an
activity insofar as the caregiver acted in accordance with the
reasonable and prudent parent standard."
SECTION 4. Section 63-11-720 of the 1976 Code is amended to read:
"Section 63-11-720.
(A) The functions and powers of local
foster care review boards are:
(1)
to review at least every six months but no
less frequently than once every six months the cases of
children who have resided in public foster care for a period of
more than four consecutive months and to review every
six months the cases of children who have resided in private
foster care for a period of more than six consecutive
months to determine what efforts have been made by the
supervising agency or child caring facility to acquire a
permanent home for the child. The local review board shall
have the discretion to review the case of any child who has been
subjected to aggravated circumstances as set forth in Section
63-7-1640(C) once probable cause has been established to retain
the child in foster care. Under no circumstances shall the
local foster care review board review a child's case more than
three times in a twelve month period;
(2)
following review of a case pursuant to this
section, the local foster care review board shall submit a
written report and recommendations to the court concerning the
case, which shall be addressed on the record by the court at
the next permanency planning hearing pursuant to Section
63-7-1700(C)(1). In order for the report and recommendations
of the foster care review board to be easily identifiable and
accessible by the judge, the report and recommendations must be
visually distinct from other documents in the case file in their
coloring or other prominent aspect. A child's return home for
temporary placements, trial placements, visits, holidays,
weekend visits, or changes from one foster care placement to
another must not be construed to mean a break or lapse in
determination of a consecutive four-month period for children in
public foster care or six-month period for children in
private foster care;
(2)
to recommend continued placement of
a child in the child caring facility, unless the parent is able
to resume care, in at least those instances when:
(a) children
are privately placed in privately-owned facilities or group
homes;
(b) a
notarized affidavit of summary review is executed by the child
caring facility and is valid on its face. The affidavit of
summary review must be submitted to the board every six months
and accepted by the board if it is valid on its face. The
affidavit must attest to the following conditions:
(i)
the person who placed the child has legal custody
of the child;
(ii) no court
has ordered or approved the placement of the child in the care
of the child caring facility except as a part of an order
granting legal custody of the child to a parent or legal
guardian;
(iii) the
facility has no knowledge that a child has ever been abused,
neglected, or abandoned while under the care of the person who
placed the child in the facility;
(iv) the
person who placed the child contributes regularly to the support
of the child to the level of his ability and has done so for a
period of six months immediately prior to the date of the
affidavit;
(v) the
person who placed the child has maintained contact and
visitation with the child to the best of his ability under
existing circumstances. (3)
to encourage the return of children to their
natural parents,
except as provided in item (2) of this
section, or, upon determination during a case review of
the local review board that this return is not in the best
interest of the child, to recommend to the appropriate agency
action be taken for a maximum effort to place the child for
adoption;
(4)
to promote and encourage all agencies and facilities
involved in placing children in foster care to place children
with persons suitable and eligible as adoptive parents;
(5)
to advise foster parents of their right to petition the
family court for termination of parental rights and for adoption
and to encourage these foster parents to initiate these
proceedings in an appropriate case when it has been determined
by the local review board that return to the natural parent is
not in the best interest of the child;
(6)
to recommend that a child caring facility or agency exert
all possible efforts to make arrangements for permanent foster
care or guardianship for children for whom return to natural
parents or adoption is not feasible or possible as determined
during a case review by the local review board;
(7)
to report to the state office of the Department of Social
Services and other adoptive or foster care agencies any
deficiencies in these agencies' efforts to secure permanent
homes for children discovered in the local board's review of
these cases as provided for in items
item (1) and (2) of this section.
(B) Any case findings
or recommendations of a local review board are advisory."
SECTION 5. Section 63-11-750 of the 1976 Code is amended to read:
"Section 63-11-750.
(A) The Foster Care Review Board may participate
through counsel in judicial reviews
child abuse and neglect proceedings pursuant to Sections
63-7-1660, 63-7-1700, and 63-7-2520 and in any hearing held
pursuant to a motion filed by a named party or party in
interest. Participation includes the opportunity to
cross-examine witnesses and to present its recommendation to the
court. This section does not require notice of any hearing to be
served upon the Foster Care Review Board unless it is a party to
the case. If the Foster Care Review Board intends to participate
in any hearing pursuant to this section, it shall inform the
Department of Social Services, the court, and the guardian ad
litem coordinator or counsel for the guardian ad litem of its
intention to appear and participate in the hearing at least
twenty-four hours in advance of the hearing.
(B) If
the Foster Care Review Board intends to become a party to the
action, it but shall file a motion to
intervene if it intends to become a party to the
action. There is a rebuttable presumption that the
motion to intervene shall be granted, absent a showing that
intervention would be unjust or inappropriate in a particular
case."
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.