A bill

to amend the South Carolina Code of Laws by adding Sections 63-7-693 and 63-7-696 so as to require parties to execute a safety plan before the Department of Social Services may place a child outside the home without taking legal custody, to establish limitations on the use of a safety plan for child protection, and for other purposes; by amending Section 63-7-650, relating to the placement of a child outside the home instead of entering state custody, so as to change certain requirements relating to assessing the safety and appropriateness of an out-of-home placement; by amending Section 63-7-690, relating to the allowable timeframe to make an interim out-of-home placement of a child, so as to change the timeframe; and by amending Section 63-7-730, relating to Expedited placement of child with A relative at the probable cause hearing, so as to make conforming changes.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.   SubArticle 3, Article 3, Chapter 7, Title 63 of the S.C. Code is amended by adding:

   Section 63-7-693.   (A)(1) Before a child is placed with a relative or other person pursuant to Section 63-7-690, the parent or guardian, the relative or other person, and the department shall execute a safety plan, which sets forth the safety concerns, the actions required of the parent or guardian for return of the child to the home, the actions required of the relative or other person to protect the child's safety, and the actions required of the department to monitor the child's safety.

      (2) While a child is living with a relative or other person pursuant to Section 63-7-690, the department shall monitor compliance with the safety plan by all individuals at least weekly, or more frequently as appropriate.

      (3) The department continually shall assess the safety plan's appropriateness to address the immediate concerns for the safety of the child and change the requirements of the plan as appropriate.

   (B) A safety plan is not effective longer than ninety days, at which time the department shall:

      (1) return the child to the home if return of the child would not cause an unreasonable risk of harm affecting the child's life, physical health, safety, or mental well-being;

      (2) execute a treatment plan pursuant to Section 63-7-696, as part of which the child remains with the relative or other person, or is placed with another relative or person, instead of the department taking custody of the child, if there is an unreasonable risk of harm affecting the child's life, physical health, safety, or mental well-being if returned to the home;

      (3) file a nonremoval action pursuant to Section 63-7-1650, seeking permission of the court to intervene and provide protective services without removal of custody if the child cannot be protected from harm without intervention, and hold a probable cause hearing within ten days after filing the action; or

      (4) file a removal action pursuant to Section 63-7-1660, if there is an unreasonable risk of harm affecting the child's life, physical health, safety, or mental well-being if returned to the home, and hold a probable cause hearing no later than ten days after filing the action.

   Section 63-7-696.   (A) If the department decides to allow a child, who is residing with a relative or other person as part of a safety plan, executed pursuant to Section 63-7-693, to continue to reside with that relative or other person, or with another relative or person, when the safety plan expires, instead of returning the child to the home, the department shall prepare a treatment plan that must be signed by the parent, guardian, or other person responsible for the child's welfare; the relative or other person with whom the child has been placed pursuant to this section, and the department. The treatment plan must set forth the safety and treatment concerns, the actions required of the parent, guardian, or other person responsible for the child's welfare for return of the child to the home, the actions required of the relative or other person in order to protect the child's life, health, safety, and well-being, and the actions required of the department to monitor the child's safety and the compliance with the requirements of treatment plan by all individuals who signed the treatment plan.

   (B)(1) If the department places the child with a relative or other person who was not the relative or other person with whom the child was placed as part of the safety plan, the department and the relative or other person shall comply with Section 63-7-650 before placement of the child pursuant to this section.

      (2) The relative or other person with whom the child is placed pursuant to this section shall agree as part of the treatment plan to no later than thirty days after execution of the plan comply with standards required of licensed foster parents pertaining to, at a minimum:

         (a) preservice training;

         (b) criminal and child abuse and neglect history background checks;

         (c) home safety inspections by the State Fire Marshal and health authorities;

         (d) medical reports; and

         (e) references.

      (3) The department as soon as executing the treatment plan shall:

         (a) facilitate processes to assist the relative or other person to meet the requirements of item (2);

         (b) assess the relative's or other person's need for supportive services to care for the child during the effective dates of the treatment plan; and

         (c) facilitate access to the supportive services.

   (C)   The department shall monitor the placement of a child pursuant to a treatment plan at least as frequently as it monitors a foster care placement. The department continually shall:

      (1) assess the treatment plan for its appropriateness to address the department's concerns that led to placement of the child with the relative or other person and modify the treatment plan as needed; and

      (2) determine whether the parent or guardian, relative or other person, and the department are adhering to the terms of the treatment plan.

   (D) A treatment plan executed pursuant to this section must be executed before the safety plan's expiration date and is effective no longer than ninety days after execution at which time the department shall:

      (1) return the child to the home if return of the child would not cause an unreasonable risk of harm affecting the child's life, physical health, safety, or mental well-being;

      (2) file a nonremoval action pursuant to Section 63-7-1650, seeking permission of the court to intervene and provide protective services without removal of custody if the child cannot be protected from harm without intervention, and hold a probable cause hearing within ten days after filing the action; or

      (3) file a removal action pursuant to Section 63-7-1660, if there is an unreasonable risk of harm affecting the child's life, physical health, safety, or mental well-being if returned to the home, and hold a probable cause hearing no later than ten days after filing the action.

SECTION 2.   Section 63-7-650(A) of the S.C. Code is amended to read:

   (A)(1) Before agreeing to or acquiescing in a corrective action that involves placement of the child with a relative or other person or making an interim placement with a relative while retaining custody of the child or as soon as possible after agreeing to or acquiescing in a corrective action, the department shall:

         (a) interview the relative or other person to determine the person's willingness, fitness, and suitability to serve as a placement for the child;

         (b) visit the home to ensure the placement is safe and appropriate for the needs of the child;

         (c) secure from the relative or other person and other adults in the home an affidavit attesting to information necessary to determine whether a criminal history or history of child abuse or neglect exists and whether this history indicates there is a significant risk that the child would be threatened with abuse or neglect in the home of the relative or other person.; and

         (d) As as soon as possible, the department shall confirm the information supplied in the affidavit by checking the Central Registry of Child Abuse and Neglect, other relevant department records, county sex offender registries, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the relative or other person resides and, to the extent reasonably possible, jurisdictions in which the relative or other person has resided during that period.

      (2) The department must not agree to or acquiesce in a placement if the interview, home visit, affidavit or these records obtained pursuant to subsection (A)(1)(d) reveal information indicating there is a significant risk that the child would be threatened with abuse or neglect in the home of the relative or other person. The relative or other person must consent to a check of the above records by the department.

SECTION 3.   Section 63-7-690 of the S.C. Code is amended to read:

   Section 63-7-690.   (A) If The department may place the child with a relative or other person instead of taking legal custody of the child if within the twenty-four seventy-two hours following removal of the child from the home:

      (1) the department has identified a specified relative or other person with whom it has determined that the child is to be placed instead of the department's taking legal custody of the child; and

      (2) the department and the relative or other person have complied with the requirements of Section 63-7-650; and

         (3) both the relative or other person with whom the child is to be placed and the child's parent or guardian have agreed to the placement, and have signed a safety plan.

   (B) the The department may retain physical custody of the child for no more than five ten additional days if necessary to enable the relative or other person to make travel or other arrangements incident to the placement.

   (B)(C) A probable cause hearing pursuant to Section 63-7-710 shall not be held unless the placement fails to occur as planned within the five-day ten-day period or the child's parent or guardian makes a written request for a hearing to the department. The department must give the child's parent or guardian written notice of the right to request a probable cause hearing to obtain a judicial determination of whether removal of the child from the home was and remains necessary. Upon receipt of a written request for a hearing from the child's parent or guardian, the department shall schedule a hearing for the next date on which the family court is scheduled to hear probable cause hearings.

   (C)(D) If the placement does not occur as planned within the five-day ten-day period, the department immediately must determine whether to assume legal custody of the child and file a petition as provided in Section 63-7-700(B). The department shall assure that the child is given age-appropriate information about the plans for placement and any subsequent changes in those plans at the earliest feasible time.

SECTION 4.   Section 63-7-730(A) of the S.C. Code is amended to read:

   (A) If the court finds at the probable cause hearing that the department made reasonable efforts to prevent removal of the child and that continuation of the child in the home would be contrary to the welfare of the child, the court may order expedited placement of the child with a grandparent or other relative of the first or second degree. In making this expedited placement decision, the court shall consider the totality of the circumstances including, but not limited to, the individual's suitability, fitness, and willingness to serve as a placement for the child. A parent who complies with these requirements must be the first relative considered by the court for expedited placement. The court shall require the department to check the names of all adults in the home against the Central Registry of Child Abuse and Neglect, other relevant records of the department, county sex abuse registers, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the person resides and, to the extent reasonably possible, jurisdictions in which the person has resided during that period. The court may hold open the record of the probable cause hearing for up to twenty-four seventy-two hours to receive these reports. Nothing in this section precludes the department from requesting or the court from ordering pursuant to the department's request either a full study of the individual's home before placement or the licensing or approval of the individual's home before placement.

SECTION 5.   This act takes effect upon approval by the Governor.

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