S*1251 Session 108 (1989-1990)
S*1251(Rat #0660, Act #0539 of 1990) General Bill, By Moore, J.C. Hayes and
N.W. Smith
A Bill to amend Subarticle 9, Article 11, Chapter 7, Title 20, Code of Laws of
South Carolina, 1976, relating to supplemental benefits to assure adoption,
and to add Sections 20-7-1955, 20-7-1958, and 20-7-1965, so as to provide for
supplemental benefits to assure adoption of special needs children, for the
adopted children who may receive payments for treatment, for notification to
prospective adoptive parents, and for the continuation of supplemental
benefits, to revise applicable definitions, and to delete references to a
study of services for birth parents and requirements for regulations; and to
repeal Section 43-7-40 relating to medical benefits for adopted
children.-amended title
02/13/90 Senate Introduced and read first time SJ-11
02/13/90 Senate Referred to Committee on Medical Affairs SJ-11
04/11/90 Senate Committee report: Favorable with amendment
Medical Affairs SJ-20
04/19/90 Senate Amended SJ-72
04/19/90 Senate Read second time SJ-76
04/24/90 Senate Read third time and sent to House SJ-16
04/25/90 House Introduced and read first time HJ-26
04/25/90 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-26
05/22/90 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-8
05/24/90 House Read second time HJ-40
05/29/90 House Read third time and enrolled HJ-16
06/05/90 Ratified R 660
06/06/90 Signed By Governor
06/06/90 Effective date 06/06/90
06/06/90 Act No. 539
07/06/90 Copies available
(A539, R660, S1251)
AN ACT TO AMEND SUBARTICLE 9, ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLEMENTAL BENEFITS TO
ASSURE ADOPTION, AND TO ADD SECTIONS 20-7-1955, 20-7-1958, AND
20-7-1965 SO AS TO PROVIDE FOR SUPPLEMENTAL BENEFITS TO ASSURE
ADOPTION OF SPECIAL NEEDS CHILDREN, FOR THE ADOPTED CHILDREN WHO MAY
RECEIVE PAYMENTS FOR TREATMENT, FOR NOTIFICATION TO PROSPECTIVE
ADOPTIVE PARENTS, AND FOR THE CONTINUATION OF SUPPLEMENTAL BENEFITS,
TO REVISE APPLICABLE DEFINITIONS, AND TO DELETE REFERENCES TO A STUDY
OF SERVICES FOR BIRTH PARENTS AND REQUIREMENTS FOR REGULATIONS; AND TO
REPEAL SECTION 43-7-40 RELATING TO MEDICAL BENEFITS FOR ADOPTED
CHILDREN.
Be it enacted by the General Assembly of the State of South Carolina:
Supplemental benefits; adoption of special-needs children
SECTION 1. Subarticle 9, Article 11, Chapter 7, Title 20 of the
1976 Code is amended to read:
"Subarticle 9
Supplemental Benefits to Assure Adoption
Section 20-7-1900. The purpose of this subarticle is to
supplement the South Carolina adoption law by making possible through
public supplemental benefits the most appropriate adoption of each
child certified by the Department of Social Services as requiring a
supplemental benefit to assure adoption.
Section 20-7-1910. This subarticle may be cited as the 'South
Carolina Adoption Supplemental Benefits Act'.
Section 20-7-1920. As used in this article:
(1) 'Child' means an individual up to twenty-one years of age;
(2) 'Supplemental benefits' means payments made by the State
Department of Social Services to provide services, including medical
subsidies for payment for treatment pursuant to Section 20-7-1955, for
children who without these services may not have been adopted;
(3) 'Department' means the Department of Social Services.
Section 20-7-1925. In order for a child to be eligible for
supplemental benefits the department shall determine that the child
legally is free for adoption, the child has been placed for adoption
by the department, and one of the following provisions applies to the
child:
(1) is a special needs child pursuant to Section 20-7-1650(j);
(2) is at high risk of developing a physical, mental, or
emotional disability;
(3) is one for whom other factors, as determined by the
department, interfere with the child's ability to be placed for
adoption;
(4) has established significant emotional ties with prospective
adoptive parents while in their care as a foster child, and it is
considered by the agency to be in the best interest of the child to be
adopted by the foster parents.
Section 20-7-1930. The department shall establish and administer
an ongoing program of supplemental benefits for adoption. Supplemental
benefits and services for children under this program must be provided
out of funds appropriated to the department for these purposes.
Section 20-7-1940. A child meeting criteria specified in
Section 20-7-1925 for whom the department believes supplemental
benefits are necessary to improve opportunities for adoption is
eligible for the program. The agency shall document that reasonable
efforts have been made to place the child in adoption without
supplemental benefits through the use of adoption resource exchanges,
recruitment, and referral to appropriate specialized adoption
agencies.
Section 20-7-1950. (A) When the department determines that a
child is eligible for supplemental benefits, a written agreement must
be executed between the parents and the department.
(B) In individual cases supplemental benefits may begin with the
adoptive placement or at the appropriate time after the adoption
decree and will vary with the needs of the child as well as the
availability of other resources to meet the child's needs.
(C) The supplemental benefits may be for special services only,
or for money payments, and either for a limited period, for a long
term, or for a combination of them. The amount of time-limited,
long-term supplemental benefits may not exceed that which currently
would be allowable for the child under foster family care or, in the
case of a special service, the reasonable fee for the service
rendered.
(D) When supplemental benefits last for more than one year the
adoptive parents shall certify that the child remains under the
parents' care and that the child's need for supplemental benefits
continues. Based on the certification and investigation by the agency
and available funds, the agency may approve continued supplemental
benefits. These benefits may be extended so long as the continuing
need of the child is verified and the child is the legal dependent of
the adoptive parents.
(E) A child who is certified as eligible for supplemental
benefits remains eligible and shall receive supplemental benefits, if
necessary for adoption, regardless of the domicile or residence of the
adopting parents at the time of application for adoption, placement,
legal decree of adoption, or after adoption.
Section 20-7-1955. Only certain children who have been
certified as eligible for supplemental benefits may receive payments
for medical, rehabilitative, or other treatment services under their
supplemental benefits certification. To receive these payments, a
child shall fall into one of the following categories:
(1) receiving payments for medical, rehabilitative, or
other treatment services immediately before adoption for a physical,
mental, or emotional condition;
(2) identified before adoption as being at a high risk for
developing a physical, mental, or emotional condition in the future;
or
(3) with a physical, mental, or emotional condition
diagnosed after adoption if the condition existed before adoption but
was not recognized or if substantial risk factors for the condition
existed before adoption but were not recognized.
Section 20-7-1958. At the time of placement for adoption, the
department shall inform in writing the prospective adoptive parents of
the:
(1) availability of supplemental benefits;
(2) conditions for which the supplemental benefits are
available;
(3) procedure for application for supplemental benefits.
Section 20-7-1960. A decision concerning supplemental benefits
by the department which the adoptive parents consider adverse to the
child is reviewable according to department regulations.
Section 20-7-1965. Supplemental benefits may not end solely
because the death or disability of the adoptive parents requires
placement of the adopted child with another caregiver. The caregiver
of the adopted child has the rights and duties imposed on the adoptive
parents in this subarticle.
Section 20-7-1970. The department shall promulgate regulations
to carry out the provisions of this subarticle."
Repeal
SECTION 2. Section 43-7-40 of the 1976 Code is repealed.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 6th day of June, 1990.
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