2023-2024 Bill 3558 Text of Previous Version (Mar. 29, 2023)

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

Committee Report

March 29, 2023

H. 3558

Introduced by Reps. G. M. Smith, Erickson, Crawford, Hewitt, Davis, T. Moore, B. Newton, Mitchell, Yow, Carter, Hixon, Hiott, Landing, W. Newton, Robbins and Brewer

S. Printed 03/29/23--H.

Read the first time January 10, 2023

________

The committee on House Judiciary

To who was referred a Bill (H. 3558) 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, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

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

Section 63-7-645. (A)(1) Following the initiation of an investigation of a report of suspected child abuse or neglect pursuant to Section 63-7-920, the department may determine that a child or children need to be temporarily placed with a relative or other person who is willing to serve as an interim placement for the child or children. The relative or other person must meet the requirements established pursuant to subsection (E). The department shall develop and execute a safety plan regarding the placement with the relative or other person within seventy-two hours of the decision for placement. The purpose of the safety plan is to reduce imminent threats to a child's safety.

(2) A safety plan does not:

(a) remove legal custody of the child from the parent or guardian; or

(b) modify an existing court order regarding custody of the child, visitation, or child support.

(B)(1) A safety plan expires no later than ninety days after receipt of the report of suspected child abuse or neglect. At the conclusion of the investigation or upon expiration of the safety plan, whichever comes first:

(a) the child may return to the home, if the department determines that return of the child would not cause an unreasonable risk of harm to the child's physical health, safety, and well-being;

(b) the department shall file a removal action pursuant to Section 63-7-1660;

(d) the department shall provide family preservation services pursuant to Section 63-7-1510.

(2) A safety plan must terminate immediately upon a determination by the department that a report is unfounded.

(C) A safety plan must be a written document and must be prepared by the department with the participation of the parent, custodian, or guardian and the relative or other person identified by the department to serve as an interim placement for the child or children, and be signed by all participants. It must include, at a minimum:

(1) the name and address of the parent, custodian, or guardian;

(2) the name and address of the relative or other person;

(3) the name, address, and telephone number of the department case worker and supervisor;

(4) the name and date of birth of the child;

(5) a description of the reasons why a safety plan is required;

(6) a description of the actions to be taken by the parent, custodian, or guardian; the responsibilities of the relative or other person; and the responsibilities of the department to protect the child during the safety plan;

(7) a plan for visitation and other contact between the child and the parent, custodian, or guardian;

(8) a description of the immediate needs of the child including, but not limited to, educational, medical, and mental health needs;

(9) the date on which the safety plan expires, which must comply with subsection (B)(1);

(10) a plan for the financial support of the child, if placed out of the home; and

(11) a statement that the department has the right to file a court action at any time, if the parent, custodian, or guardian or the relative or other person fails to comply with the safety plan or if the department determines that the safety plan otherwise fails to reduce threats to the child's safety and a statement that the parent, custodian, or guardian may be entitled to representation by an attorney in such court action.

(D) The department shall monitor the safety plan weekly, or more often if considered necessary, to assess the plan's effectiveness in controlling immediate threats to safety. The department shall make face-to-face contact with the child at least monthly. The safety plan may be amended to respond to any needs identified by the participants if amendment would enhance the effectiveness of the safety plan in controlling immediate threats to the child's safety. Any amendments must comply with the requirements set out in subsection (C). In no event shall an amendment to a safety plan extend the duration of the safety plan beyond ninety days.

(E)(1) Before agreeing to placement of the child with a relative or other person, the department shall:

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

(b) visit the relative's or other person's home to ensure that the placement is safe and appropriate for the needs of the child.

(2) Within twenty-four hours of placing the child with a relative or other person, the department shall secure from the person with whom the child is placed and other adults in the home a signed, written statement attesting that no adult or child residing in the home has a history of child abuse or neglect and that no adult or child residing in the home has a criminal history that indicates that there is a significant risk that the child would be threatened with abuse or neglect in the home.

(3) Within five days, the department shall confirm the information supplied in the signed, written statement 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 and, to the extent reasonably possible, jurisdictions in which the relative or other person has resided during that period. The relative or other person shall consent to a background check by the department as provided for in this subsection.

(4) The department must not agree to a placement if the interview, home visit, or signed, written statement, or records obtained pursuant to item (3) reveal information indicating there is a significant risk that the child would be threatened with abuse or neglect in the home.

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

Subarticle 10

Family Preservation Services

Section 63-7-1510. (A) The purpose of this subarticle is to provide a process for the delivery of protective services when a report has been indicated pursuant to subarticles 5 and 13, and is not being brought before the family court for disposition.

(B) The department shall develop a child and family plan pursuant to the requirements established in Section 63-7-1520 for the provision of family preservation services. The department shall monitor the family and, at a minimum, have monthly face-to-face visits with any child who suffered harm as that term is defined in Section 63-7-20. Additionally, the department shall conduct at least monthly face-to-face visits with all children who live in the home where the harm occurred and in the home of any perpetrator.

Section 63-7-1520. (A) When a report has been indicated pursuant to subarticles 5 and 13 and will not be brought before the family court for disposition, the department immediately shall coordinate services to ensure the safety and welfare of the minor children. However, no later than forty-five days after the indicated case decision, the department shall develop a child and family plan. The plan must be a written document prepared by the department. To the extent possible, the plan must be prepared with the participation of the parents, custodian, or guardian of the child, the child, and any other agency or individual that will be required to provide services in order to implement the plan. At a minimum, the plan must:

(1) be signed by the parents, custodian, or guardian, the department, and, if applicable, the relative or other person designated as an alternative placement for the child;

(2) detail any changes in behavior or home conditions that must be made and any services that must be provided to the family to ensure, to the greatest extent possible, that the child will not be endangered;

(3) describe any limitations on the parent's, custodian's, or guardian's contact with the minor child and a plan for visitation and other contact between the child and the parent, custodian, or guardian;

(4) include the name and address of the parents, custodian, or guardian, and if applicable, the name and address of the relative or other person; the name, address, and telephone number of the department case worker and supervisor; and the name and date of birth of the child;

(5) describe the reasons a plan is required;

(6) describe the actions to be taken by the parent, custodian, or guardian; the responsibilities of the relative or other person; and the responsibilities of the department to protect the child during the plan;

(7) list the needs of the child including, but not limited to, educational, medical, and mental health needs;

(8) provide the date on which the plan expires, which must comply with subsection (D);

(9) address the financial support of the child, if placed out of the home;

(10) contain a notice that the department has the right to file a court action for intervention or removal of the child at any time, if the parent, custodian, or guardian or the relative or other person fails to comply with the plan or if the department determines that the plan otherwise fails to reduce threats to the child's safety and a notice that the parent, custodian, or guardian may be entitled to representation by an attorney in such court action. The notice must be printed in boldface print or in all uppercase letters; and

(11) contain the following language in boldface type on the first page: "Placing the child or children by the parent(s) or custodian(s) with a third party is a voluntary act. At any time during this agreement the parent(s) or custodian(s) may elect to discontinue the out-of-home placement and request the return of the child or children by notifying the department in writing. However, nothing prevents the department from requesting law enforcement to place the child or children in emergency protective custody, filing an action seeking emergency removal of the child or children including requesting ex parte relief, filing an action for nonemergency removal, or filing an action to intervene to provide services."

(B) The department shall give a copy of the plan to the parents, custodian, or guardian. The department shall give a copy of any portion of the plan that pertains to a relative or other person to that person.

(C)(1) The department must comply with the provisions of this subsection if a child is to be placed out of the home pursuant to a child and family plan.

(2) Before agreeing to placement of the child with a relative or other person, the department shall:

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

(b) visit the relative's or other person's home to ensure that the placement is safe and appropriate for the needs of the child.

(3) Within twenty-four hours of placing the child with a relative or other person, the department shall secure from the person with whom the child is placed and other adults in the home a signed, written statement attesting that no adult or child residing in the home has a history of child abuse or neglect and that no adult or child residing in the home has a criminal history that indicates that there is a significant risk that the child would be threatened with abuse or neglect in the home.

(4) Within five days, the department shall confirm the information supplied in the signed, written statement 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 and, to the extent reasonably possible, jurisdictions in which the relative or other person has resided during that period. The relative or other person shall consent to a background check by the department as provided for in this subsection.

(5) The department must not agree to a placement if the interview, home visit, or signed, written statement, or records obtained pursuant to item (4) reveal information indicating there is a significant risk that the child would be threatened with abuse or neglect in the home.

(D) At a minimum, the department shall review the effectiveness of the plan every three months to determine whether all issues relating to abuse or neglect of the child are being appropriately addressed by the plan, including whether additional services are needed, progress is being made toward the required behavioral changes, and whether the child can be safely maintained in the home. The plan may be amended at any time if the department, the parent, custodian, or guardian, and, if applicable, the relative or other person agrees to the revision. The plan must terminate within six months unless:

(1) the parent, custodian, or guardian has demonstrated due diligence and a commitment to correcting conditions that led to the indicated case decision;

(2) there are specific reasons to believe the conditions that led to the indicated case decision will be corrected by the end of an extension of time; and

(3) the department documents specific reasons for extension of the plan.

In no event shall the plan exceed twelve months from the date it is first signed. An amendment to a plan or receipt of an additional indicated report must not extend the time.

Section 63-7-1530. (A) Family preservation services pursuant to this subarticle must terminate when the department determines the child can be safely maintained in the home. If the child has resided with a relative or other person during the delivery of family preservation services, the child may return home when the child can be safely maintained in the home. In no event may family preservation services pursuant to this subarticle exceed twelve months from the date a child and family plan is first signed.

(B) At any time during the delivery of family preservation services if the department determines that a child cannot be safely maintained in the home of the parent, custodian, or guardian, or a relative or other person, the department may petition the family court for relief pursuant to Section 63-7-1650 or 63-7-1660. If the department determines there is probable cause to believe that by reason of abuse or neglect there exists imminent and substantial danger to the child's life, health, or physical safety, the department shall report this determination to a law enforcement officer, or, in the alternative, shall seek ex parte relief from the family court pursuant to Section 63-7-740.

C. Section 63-7-20 (22), (23), (24), (25), (26), (27), (28), (29), (30), and (31) of the S.C. Code is amended to read:

(22) "Placement plan" means a plan developed pursuant to Section 63-7-1680.

(23) "Preponderance of evidence" means evidence which, when fairly considered, is more convincing as to its truth than the evidence in opposition.

(2324) "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.

(2425) "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.

(2526) "Qualified individual" means a trained professional or licensed clinician. A "qualified individual" may be an employee of the department or affiliated with the placement setting, but the individual must maintain objectivity in determining the appropriate placement for the child.

(2627) "Qualified residential treatment program" means a childcare institution that:

(a) has a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of children with serious emotional or behavioral disorders or disturbances and, with respect to a child, is able to implement the treatment identified for the child by the assessment of the child required pursuant to Section 63-7-1730;

(b) has registered or licensed nursing staff and other licensed clinical staff who:

(i) provide care within the scope of their practice as defined by state law;

(ii) are on-site according to the treatment model referred to in subitem (a); and

(iii) are available twenty-four hours a day and seven days a week;

(c) to the extent appropriate, and in accordance with the child's best interests, facilitates participation of family members in the child's treatment program;

(d) facilitates outreach to the family members of the child, including siblings; documents how the outreach is made, including contact information; and maintains contact information for any known biological family and fictive kin of the child;

(e) documents how family members are integrated into the treatment process for the child, including postdischarge, and how sibling connections are maintained;

(f) provides discharge planning and family-based aftercare support for at least six months postdischarge; and

(g) is licensed by the department and is accredited by any of the following independent, not-for-profit organizations:

(i) Commission on Accreditation of Rehabilitation Facilities (CARF);

(ii) Joint Commission on Accreditation of Health Care Organizations (JCAHO);

(iii) Council on Accreditation (COA);

(iv) Teaching Family Association;

(v) Educational Assessment Guidelines Leading Toward Excellence (EAGLE); or

(vi) another organization approved by the department.

(2728) "Reasonable and prudent parent standard" means the standard of care characterized by careful and sensible parental decisions that maintain the health, safety, and best interest 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 age or developmentally appropriate activities.

(29) "Safety plan" means a plan developed pursuant to Section 63-7-645.

(2830) "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.

(2931) "Suspected report" means all initial reports of child abuse or neglect received pursuant to this chapter.

(32) "Treatment plan" means a plan developed pursuant to Section 63-7-1670.

(3033) "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.

(3134) "Near fatality" means an act of abuse or neglect that, as certified by a physician, places a child in serious or critical condition.

Renumber sections to conform.

Amend title to conform.

WESTON NEWTON for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill establishes that the parent or guardian, the relative or other person with whom the child will live, and the Department of Social Services (DSS) shall execute a safety plan before a child is placed with a relative or other person. Further, DSS shall monitor compliance with the safety plan at least weekly. Additionally, the bill adds that the safety plan is not effective longer than ninety days and the steps DSS must take at the end of the safety plan. This bill also establishes that if DSS decides to allow a child who is residing with a relative or other person as part of a safety plan to continue to reside with this person or with another relative or person after the safety plan expires, then DSS may prepare a treatment plan. Further, this bill outlines criteria for this treatment plan and the responsibility of DSS in this treatment plan. This bill adds that before DSS places a child with a relative or other person or makes an interim placement with a relative, the department must interview the person for fitness, as well as visit the home to determine safe placement. DSS may place the child with a relative or other person within 72 hours after removal of the child from the home. Finally, this bill extends the timeframe in which DSS must provide the court with records involving all adults in the home of removal.

Department of Social Services. This bill requires that a probable cause hearing be held within ten days after filing of a non-removal action or a removal action in family court. DSS does not currently initiate probable cause hearings for filing a non-removal case or a removal case in family court. The agency estimates this will lead to an additional 2,280 hearings per year. The agency estimates that each hearing requires 5 hours of working time for an attorney and 8 hours of working time for a case manager or supervisor. Based on these estimates, DSS anticipates a need for an additional 15.0 FTEs, including 2.0 Attorney II's, 4.0 Attorney III's, 6.0 Case Manager I's, and 3.0 Case Manager II's to manage these additional hearings. The salary and fringe for these positions totals $1,356,246, of which $876,691 will be General Fund expenditures and $479,555 will be Federal Fund expenditures.

Additionally, the agency anticipates the need for additional funds of $165,000 to cover the initial and recurring operational costs for vehicle leases, computers, equipment, and other items for these new FTEs, of which $110,506 will be General Fund expenses and $54,494 will be Federal Fund expenses. The recurrence of operational costs will depend upon the amount of turnover in the positions. Therefore, DSS anticipates this bill will increase expenditures by $1,521,246 of which $987,197 is General Fund expenses and $534,049 is Federal Fund expenses. DSS anticipates asking for General Fund appropriations increase to cover the increase in General Fund expenses due to this bill.

Judicial. Judicial anticipates this bill will increase the number of actions brought in family courts due to the requirement that a probable cause hearing must be held within ten days after filing either a removal or a non-removal action. However, Judicial noted that allowing DSS to retain custody of a child for ten days to allow a relative to make arrangements for placement of the child may decrease the number of actions heard in family court. Currently, DSS may retain custody of a child for up to five days to allow a relative to make arrangements for placement. Judicial intends to use existing General Fund resources to manage any change in caseloads. Therefore, this bill will have no expenditure impact for Judicial.

State Revenue

This bill may result in a change in the fines and fees collected in court due to the increase in the number of hearings in family court. Court fines and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, RFA anticipates this bill may result in an undetermined impact to General Fund revenue, Other Funds revenue, and local revenue due to the change in fines and fees collections in court.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

________

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;

(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) 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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