Updated Adoption Legislation

Posted on July 10, 2010 by Russell W. Hall III

Governor Sanford signed into law a Senate bill that is aimed at speeding up the transition from foster child to adoption on 25 May 2010; the legislation became law immediately upon the governing signing the bill.

I have copied the legislation from www.scstatehouse.gov for your convenience.

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

Procedures and requirements for family preservation and reunification

SECTION    1.    Section 63-7-1640 of the 1976 Code, as added by Act 361 of 2008, is amended to read:

"Section 63-7-1640.    (A)    When this chapter requires the department to make reasonable efforts to preserve or reunify a family and requires the family court to determine whether these reasonable efforts have been made, the child's health and safety must be the paramount concern.

(B)    The family court may rule on whether reasonable efforts to preserve or reunify a family should be required in hearings regarding removal of custody, review of amendments to a placement plan, review of the status of a child in foster care, or permanency planning or in a separate proceeding for this purpose. The court may consider this issue on the motion of a named party, the child's guardian ad litem, or the foster care review board, provided that the foster care review board has reviewed the case pursuant to Section 63-11-720 or the child has previous entry into foster care.

(C)    The family court may authorize the department to terminate or forego reasonable efforts to preserve or reunify a family when the records of a court of competent jurisdiction show or when the family court determines that one or more of the following conditions exist:

(1)    the parent has subjected the child or another child while residing in the parent's domicile to one or more of the following aggravated circumstances:

(a)    severe or repeated abuse;

(b)    severe or repeated neglect;

(c)    sexual abuse;

(d)    acts the judge finds constitute torture; or

(e)    abandonment;

(2)    the parent has been convicted of or pled guilty or nolo contendere to murder of another child, or an equivalent offense, in this jurisdiction or another;

(3)    the parent has been convicted of or pled guilty or nolo contendere to voluntary manslaughter of another child, or an equivalent offense, in this jurisdiction or another;

(4)    the parent has been convicted of or pled guilty or nolo contendere to aiding, abetting, attempting, soliciting, or conspiring to commit murder or voluntary manslaughter of the child or another child while residing in the parent's domicile, or an equivalent offense, in this jurisdiction or another;

(5)    physical abuse of a child resulted in the death or admission to the hospital for in-patient care of that child and the abuse is the act for which the parent has been convicted of or pled guilty or nolo contendere to committing, aiding, abetting, conspiring to commit, or soliciting:

(a)    an offense against the person, as provided for in Title 16, Chapter 3;

(b)    criminal domestic violence, as defined in Section 16-25-20;

(c)    criminal domestic violence of a high and aggravated nature, as defined in Section 16-25-65; or

(d)    the common law offense of assault and battery of a high and aggravated nature, or an equivalent offense in another jurisdiction;

(6)    the parental rights of the parent to another child of the parent have been terminated involuntarily;

(7)    the parent has a diagnosable condition unlikely to change within a reasonable time including, but not limited to, alcohol or drug addiction, mental deficiency, mental illness, or extreme physical incapacity, and the condition makes the parent unable or unlikely to provide minimally acceptable care of the child;

(8)    other circumstances exist that the court finds make continuation or implementation of reasonable efforts to preserve or reunify the family inconsistent with the permanent plan for the child.

(D)    The department may proceed with efforts to place a child for adoption or with a legal guardian concurrently with making efforts to prevent removal or to make it possible for the child to return safely to the home.

(E)    If the family court's decision that reasonable efforts to preserve or reunify a family are not required results from a hearing other than a permanency planning hearing, the court's order shall require that a permanency planning hearing be held within thirty days of the date of the order.

(F)    In determining whether to authorize the department to terminate or forego reasonable efforts to preserve or reunify a family, the court must consider whether initiation or continuation of reasonable efforts to preserve or reunify the family is in the best interests of the child. If the court authorizes the department to terminate or forego reasonable efforts to preserve or reunify a family, the court must make specific written findings in support of its conclusion that one or more of the conditions set forth in subsection (C)(1) through (8) are shown to exist, and why continuation of reasonable efforts is not in the best interest of the child. If the court does not authorize the department to terminate or forego reasonable efforts where one or more of the conditions set forth in subsection (C)(1) through (8) are shown to exist, the court must make specific written findings in support of its conclusion that continuation of reasonable efforts is in the best interest of the child. The court must not consider the availability or lack of an adoptive resource as a reason to deny the request to terminate or forego reasonable efforts.

(G)    In any case in which the court authorizes the department to terminate or forego reasonable efforts to preserve or reunify a family, the department shall file a petition for termination of parental rights within sixty days, unless there are compelling reasons why termination of parental rights would be contrary to the best interests of the child."

Procedures for removing a child from his home

SECTION    2.    Section 63-7-1660(B)(2) of the 1976 Code, as added by Act 361 of 2008, is amended to read:

"(2)    The petition for removal may include a petition for termination of parental rights. The petition for removal must include a petition for termination of parental rights if court records or other evidence indicate the existence of one or more of the conditions set forth in Section 63-7-1640(C)(1) through (8), unless there are compelling reasons for believing that termination of parental rights would be contrary to the best interests of the child."

Contents of Placement Plans

SECTION    3.    Section 63-7-1680 of the 1976 Code, as added by Act 361 of 2008, is amended to read:

"Section 63-7-1680.    (A)    If the court orders that a child be removed from the custody of the parent or guardian, the court must approve a placement plan. A plan must be presented to the court for its approval at the removal hearing or within ten days after the removal hearing. If the plan is presented subsequent to the removal hearing, the court shall hold a hearing on the plan if requested by a party. 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 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.

(B)    The first section of the plan shall set forth the changes that must occur in the home and family situation before the child can be returned. These changes must be reasonably related to the reasons justifying removal of the child from the custody of the parents or guardian. This section of the plan must contain a notice to the parents or guardian that failure to make the indicated changes within six months may result in termination of parental rights.

(C)    The second section of the plan shall set forth:

(1)    specific actions to be taken by the parents or guardian of the child; and

(2)    social or other services to be provided or made available to the parent or guardian of the child.

This section of the plan must include time frames for commencement or completion of specific actions or services. This section must contain a notice to the parents or guardian that completion of the indicated actions will not result in return of the child unless the changes set forth in section one of the plan have occurred.

(D)    The third section of the plan shall set forth rights and obligations of the parents or guardian while the child is in custody including, but not limited to:

(1)    the responsibility of the parents or guardian for financial support of the child during the placement; and

(2)    the visitation rights and obligations of the parents or guardian during the placement.

This section of the plan must include a notice to the parents or guardian that failure to support or visit the child as provided in the plan may result in termination of parental rights.

(E)    The fourth section of the plan must address matters relating to the placement of the child including, but not limited to, the following:

(1)    the nature and location of the placement of the child, unless there are compelling reasons for concluding that disclosure of the location of the placement to the parents, guardian, or other person would be contrary to the best interests of the child. The placement must be as close to the child's home as is reasonably possible, unless there are compelling reasons for concluding that placement at a greater distance is necessary to promote the child's well-being. In the absence of good cause to the contrary, preference must be given to placement with a relative or other person who is known to the child and who has a constructive and caring relationship with the child;

(2)    visitation or other contact with siblings, other relatives, and other persons important to the child. The plan shall provide for as much contact between the child and these persons as is reasonably possible and consistent with the best interests of the child;

(3)    social and other supportive services to be provided to the child and the foster parents, including counseling or other services to assist the child in dealing with the effects of separation from the child's home and family; and

(4)    the minimum number and frequency of contacts that a caseworker with the department will have with the child, which must be based on the particular needs and circumstances of the individual child but which must not be less than once a month for a child placed in this State.

(F)    The court shall approve the plan only if it finds that:

(1)    the plan is consistent with the court's order placing the child in the custody of the department;

(2)    the plan is consistent with the requirements for the content of a placement plan set forth in subsections (B) through (E);

(3)    if the parents or guardian of the child did not participate in the development of the plan, that the department made reasonable efforts to secure their participation; and

(4)    the plan is meaningful and designed to address facts and circumstances upon which the court based the order of removal.

If the court determines that any of these criteria are not satisfied, the court shall require that necessary amendments to the plan be submitted to the court within a specified time but no later than seven days. A hearing on the amended plan must be held if requested by a party.

(G)    The court shall include in its order and shall advise defendants on the record that failure to remedy the conditions that caused the removal within six months, may result in termination of parental rights, subject to notice and a hearing as provided in Article 7. Before the court orders return of the child, the court must find that the changes in the home and family situation specified in section one of the plan have occurred and that the child can be safely returned to the home. Completion of the tasks specified in section two of the plan is not in itself sufficient basis for return of the child.

(H)    The department immediately shall give a copy of the plan to the parents or guardian of the child, and any other parties identified by the court, including the child if the court considers it appropriate. If a copy of the plan is not given to the child, the department shall provide the child with age-appropriate information concerning the substance of the plan unless the court finds that disclosure of any part of the plan to the child would be inconsistent with the child's best interests. A copy of any part of the plan that directly pertains to the foster family or the foster child must be provided to the foster parents.

(I)    The plan may be amended at any time if all parties agree to the revisions, and the revisions are approved by the court. The amended plan must be submitted to the court with a written explanation for the proposed change. The plan also may be amended by the court upon motion of a party after a hearing based on evidence demonstrating the need for the amendment. A copy of the amended plan immediately must be given to the parties specified in subsection (H).

(J)    Any objections to the sufficiency of a plan or the process by which a plan was developed must be made at the hearing on the plan. Failure to request a hearing or to enter an objection at the hearing constitutes a waiver of the objection. The sufficiency of the plan or of the process for developing the plan may not be raised as an issue in a proceeding for termination of parental rights under Article 7.

(K)    Upon petition of a party in interest, the court may order the state or county director or other authorized representative of the department to show cause why the agency should not be required to provide services in accordance with the plan. The provisions of the plan must be incorporated as part of a court order issued pursuant to this section. A person who fails to comply with an order may be held in contempt and subject to appropriate sanctions imposed by the court."

Contents and review procedures for Permanent Placement Plans

SECTION    4.    Section 63-7-1700 of the 1976 Code, as added by Act 361 of 2008, 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 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 plan for achieving permanence for the child. If the department's plan is not reunification with the parents, custody or guardianship with a fit and willing relative, or termination of parental rights, the department must show compelling reasons for the selection of another permanent plan. 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, the court must find compelling reasons for approval of the plan and that the plan is in the child's best interests.

(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.

(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."

Grounds for termination of parental rights

SECTION    5.    That portion of Section 63-7-2570 of the 1976 Code, as added by Act 361 of 2008, preceding item (2) is amended to read:

"The family court may order the termination of parental rights upon a finding of one or more of the following grounds and a finding that termination is in the best interest of the child:

(1)    The child or another child while residing in the parent's domicile has been harmed as defined in Section 63-7-20, and because of the severity or repetition of the abuse or neglect, it is not reasonably likely that the home can be made safe within twelve months. In determining the likelihood that the home can be made safe, the parent's previous abuse or neglect of the child or another child may be considered."

Grounds for termination of parental rights

SECTION    6.    Section 63-7-2570(6) of the 1976 Code, as added by Act 361 of 2008, is amended to read:

"(6)    The parent has a diagnosable condition unlikely to change within a reasonable time including, but not limited to, alcohol or drug addiction, mental deficiency, mental illness, or extreme physical incapacity, and the condition makes the parent unable or unlikely to provide minimally acceptable care of the child. It is presumed that the parent's condition is unlikely to change within a reasonable time upon proof that the parent has been required by the department or the family court to participate in a treatment program for alcohol or drug addiction, and the parent has failed two or more times to complete the program successfully or has refused at two or more separate meetings with the department to participate in a treatment program."

Grounds for termination of parental rights

SECTION    7.    Section 63-7-2570(9) of the 1976 Code, as added by Act 361 of 2008, is amended to read:

"(9)    The physical abuse of a child resulted in the death or admission to the hospital for in-patient care of that child and the abuse is the act for which the parent has been convicted of or pled guilty or nolo contendere to committing, aiding, abetting, conspiring to commit, or soliciting an offense against the person as provided for in Title 16, Chapter 3, criminal domestic violence as defined in Section 16-25-20, criminal domestic violence of a high and aggravated nature as defined in Section 16-25-65, or the common law offense of assault and battery of a high and aggravated nature."

Nonresident adoptions

SECTION    8.    Section 63-9-60(A)(2) of the 1976 Code, as added by Act 361 of 2008, is amended to read:

"(2)    Before a child is placed within or outside the boundaries of this State for adoption with nonresidents of this State, compliance with Article 11 (Interstate Compact on the Placement of Children) is required, and a judicial determination must be made in this State that one of the circumstances in items (a) through (f) of subsection (A)(1) applies, whether or not the adoption proceedings are instituted in this State. Additionally, in order to determine if any of the circumstances in items (a) through (f) of subsection (A)(1) apply so as to permit placement with a nonresident for the purpose of adoption or adoption by a nonresident, a petition may be brought for the determination before the birth of the child or before placement of the child with the prospective adoptive parents. In ruling on this question the court must include in its order specific findings of fact as to the circumstances allowing the placement of a child with a nonresident or the adoption of a child by a nonresident. The court also must analyze the facts against the objective criteria established in Sections 16-3-1060 and 63-9-310(F) and make specific findings in accordance with the pertinent law and evidence presented. The order resulting from this action does not prohibit or waive the right to refuse to consent to a release of rights or relinquish rights at a later time or to withdraw a consent or relinquish at a later time as provided in this article. The order must be merged with and made a part of any subsequent adoption proceeding, which must be initiated and finalized in this State."

Advertising prohibited to place or accept child for adoption; exception; penalties

SECTION    9.    Subarticle 1, Article 1, Chapter 9, Title 63 of the 1976 Code is amended by adding:

"Section 63-9-70.    (A)    No person or entity other than the Department of Social Services, a child placing agency licensed in this State, or an attorney licensed in this State may advertise that the person or entity will place or accept a child for adoption.

(B)    Notwithstanding the provisions of subsection (A), a person is not prohibited from advertising that the person desires to adopt if the person has a current preplacement home investigation finding that the person is suitable to be an adoptive parent.

(C)(1)    A person who violates 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.

(2)    The family court shall enjoin a person or entity from violating a provision of this section.

(D)    For purposes of this section, 'advertise' means to communicate by newspaper, radio, television, hand bills, placards or other print, broadcast or electronic medium that originates within this State."

Stepparent and family adoptions

SECTION    10.    Section 63-9-1110 of the 1976 Code, as added by Act 361 of 2008, is amended to read:

"Section 63-9-1110.    Any person may adopt his spouse's child, and any person may adopt a child to whom he is related by blood or marriage. In the adoption of these children:

(1)    no investigation or report required under the provisions of Section 63-9-520 is required unless otherwise directed by the court;

(2)    no accounting by the petitioner of all disbursements required under the provisions of Section 63-9-740 is required unless the accounting is ordered by the court;

(3)    upon good cause shown, the court may waive the requirement, pursuant to Section 63-9-750, that the final hearing must not be held before ninety days after the filing of the adoption petition;

(4)    upon good cause shown, the court may waive the requirement, pursuant to Section 63-9-320(A)(2), of the appointment of independent counsel for an indigent parent; and

(5)    upon good cause shown, the court may waive the requirement, pursuant to Section 63-9-60(A)(2), that the adoption proceeding must be finalized in this State."

Severability clause

SECTION    11.    If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Time effective

SECTION    12.    This act takes effect upon approval by the Governor.

Ratified the 6th day of May, 2010.

Approved the 12th day of May, 2010."

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Responsible Father Registry is Live

Posted on July 2, 2010 by Russell W. Hall III

As of 1 July 2010 attorney's may search the Responsible Father Registry. This link will take you to the registration page; an attorney who wishes to search the registry for a pending adoption or termination of parental rights matter will need to register through the above link to be authorized to search the registry.

The registration process takes fewer than five minutes to complete, and once complete, the individual registering will receive an e-mail from the Department of Social Services with a confirmation number to set-up an account within five business days of registering. I received my number within an hour of registering.

I have reviewed the website; the search is free and the cost is $50.00 to receive a certificate of diligent search.

Contact my office at 843-267-0906 or lawyerhall@russellslawoffice.com if you need help in registering.

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Steps to Adoption Through Department of Social Services

Posted on June 18, 2010 by Russell W. Hall III

Steps to become an adoptive parent

  • Contact one of the Department of Social Services' regional offices to inquiry and receive application.
  • Application completed and returned to the regional office which serves your resident county.
  • Complete SLED/ Fingerprints and Child Abuse Central register releases on all members of household 18 years and older.
  • Attend 14 hours of preparatory training to help with self evaluation of the types of children which would fit into your family.
  • Fire and sanitation inspections completed on home by the Fire Marshal and DHEC.
  • Home Visits: adoption specialist visits the home and completes interviews for pre- placement investigation.
  • Three/ Four References received and interviewed by adoption specialist.
  • Medicals are required on all family members.
  • Provide copies of birth certificates, Marriage license and divorce petitions and decrees if applicable.
  • During assessment family and agency assess qualifications and readiness to adopt.
  • Approval received and family considered for children along with other approved and waiting families.
  • Placement committee selects family and notifies family and family is presented full background on child/ children for whom family is selected.
  • Family meets child and begins visitation with child.
  • Placement occurs when child and family are ready for move.
  • Post placement period begins and can continue up to 12 months..
  • Finalization of the adoption in Family Court.
  • Adoption Preservation services are available upon request after the finalization of the adoption. Adoption is a lifelong process, counseling and other referral services may be available to the family as needed and requested by the family.
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Judge McFaddin Breaks Adoption Finalization Record

Posted on June 18, 2010 by Russell W. Hall III

This article was copy without editing from  Department of Social Services Websites at this link.

On Wednesday June 2nd, 2010, a record was broken for the number of children adopted in South Carolina in a single day. Sumter County Family Court Judge, The Honorable George M. McFaddin, Jr. will hosted another Adoption Day in Sumter Family Court where he gave the SC Department of Social Services an entire court day to finalize adoptions.

A total of 39 adoptions were finalized. From 9:00 a.m. until 7:00 p.m. Judge McFaddin will finalize adoptions all day with no lunch break. This is at least the fourth such Adoption Day Judge McFaddin has hosted for South Carolina’s waiting children. In November, Judge McFaddin finalized 26 adoptions. Each time he has held Adoption Day in his courtroom, the number of adoptions granted has grown.

Of note, Judge McFaddin does have some assistance with the hearings beyond what one might expect. His assistant is a long haired dachshund named Moose who gently puts the children at ease in what would normally be a daunting courtroom setting. Most of the children are as delighted to pet Moose, before or after their adoption, as Moose is to be coddled by them.

Judge McFaddin works to help children find permanency by calling attention to the many children who await families. While DSS has had 2 record breaking years of adoption finalizations (523 adoptions finalized last fiscal year and 513 adoptions the prior year), many more children continue to await families. Currently, there are approximately 5100 children in foster care in South Carolina and approximately 1713 have the plan of adoption.


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What is ICPC?

Posted on June 12, 2010 by Russell W. Hall III

The Interstate Compact on the Placement of Children(ICPC) is a compact between all 50 state, the District of Columbia and the U.S. Virgin Islands. South Carolina's ICPC statutes are in the Sections 63-9-2200 through 63-9-2290 of the South Carolina Code of Laws, as amended. The compact was instituted among the states to help ensure that a child being moved from one jurisdiction to another for purposes of adoption is protected and his best interests are being looked after.

In South Carolina, adoptive parents who are not residents of South Carolina may adopt only under certain circumstances; the circumstances are listed in Section 63-9-60 of the South Carolina Code of Laws, as amended. In that same section the Code reads:

Before a child is placed within or outside the boundaries of this State for adoption with nonresidents of this State, compliance with [the] Interstate Compact on the Placement of Children is required.

Because compliance with ICPC is required, a basic understanding of it will help ease some of your anxiety in working through the adoption process.

The Association of Administrators of the Interstate Compact on the Placement of Children (AAICPC) has a wonderful website that helps you understand the ICPC better. This link will take you to their Frequently Ask Question Page and you can navigate the website from there to find more help.

Below I have listed one of the questions from the AAICPC website for your review.

How does the ICPC work?

The Interstate Compact on the Placement of Children is an agreement between all fifty states, Washington, D.C. and the U.S. Virgin Islands. The Compact Agreement provides for the movement and safe placement of children between states when the children are in the custody of a state, being placed for private/independent adoption, or under certain circumstances, being placed by a parent or guardian in a residential treatment facility (RTF). The process involves several steps.

In order for an ICPC placement request to get started, a caseworker (or adoption entity) in the state the child is located creates a packet that includes such items as the child’s social, medical, and educational history and the current status of any court case involving the child. The packet will also include information about the person who is being considered for placement of the child in the receiving state so that the receiving state will know who they should be evaluating for possible placement.

Once the placement request packet is created by the local person in the sending state, it gets sent to the central ICPC office in the sending state (usually the state capital, e.g., Austin, Texas). The ICPC central office in the state makes sure everything is in the packet, approves it for sending out, and then transmits it to the ICPC central office in the state where the child would be sent. Once it arrives in the central office of the receiving state of the proposed placement, that office also looks at the packet and if all is in order, the central office will send it down to the social services agency office in the local community where the prospective placement lives. The social services agency will then go out to the home, meet with everyone in the home, do background screening, and make a determination as to whether the home should be approved for the child to come and live there.

A completed home study report is then sent from the local agency to the central ICPC office in that state and the placement request is either approved or denied based on the recommendation of the home study report. The packet is then sent from the receiving state to the central office in the first state for review. Finally, the local office that started the placement request is sent a copy of the completed home study along with documentation of the receiving state’s decision to either approve or deny the placement request. If the request has been approved by the receiving state, the child can be placed in the chosen home.

While there is much more detail to the process in terms of the forms, financial arrangements for the child, and licensing that may need to be put in place, this is a simple overview of each of the steps that the placement request process will take to go from the local level in one state, through the central office of each state, to the local level in the other state and back again. The process ensures that when children are placed out of state, they are placed in a safe and nurturing environment that can meet their particular needs.

 

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Thinking About Adopting an Older Child?

Posted on April 11, 2010 by Russell W. Hall III

I think adoption can be a wonderful process in which a family is legally made. As most of us who have families are aware it take more than a piece of paper to make a family a family, and under the best of circumstances, raising children can be and in most instances is a challenge.

I hope that those of you who are thinking about adopting an older child are keeping in mind the child you are adopting has a history. Some of the older children that are in the Department of Social Services custody or in an orphanage in a foreign country have been abused and neglected; this abuse and neglect leads to psychological issues that may be very trying on your already existing family.  

The question is not whether older children should be adopted or not; the question is are you and your family ready to adopt an older child.

The Department of Social Services provides 14 hours of training and evaluation to help you determine which type of child is best suited for your family; this services is offered for those parents that are seeking to adopt through the Department of Social Services. More information can be found at this link concerning the adoption of children in the Department of Social Services custody.

I make sure my clients know that once they have adopted the child, the child is theirs. I do this at the initial interview and on the record at the final hearing. You cannot give the child back without adverse legal consequences; you cannot just put the child on a plane and expect life to return to "normal." 

Before you adopt a child, please make sure you and your family are ready and willing to take on the challenges that come with having a new family member. This is especially true with older children; their customs, traditions, and worldview may be very different from yours; unneeded conflict may arise if you have not prepared yourself to weather any potential storm.

Adoption is a wonderful opportunity to create a family through law; let's keep it that way.

 

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DSS Documents for Safe Havens

Posted on March 16, 2010 by Russell W. Hall III

In my blog posting Safe Havens' Responsibility Under Daniel's Law, the code mentions that the Department of Social Services must provide the safe havens with documents to help the safe havens comply with the statute.

You can obtain those forms at your local Department of Social Services office. The following link is the Department of Social Services Locator, https://dss.sc.gov/content/about/counties/index.aspx. Once you have opened the link and clicked on your County, the contact information will display.

Please contact my office at 843-267-0906 if you need any help obtaining the necessary documents to comply with Section 63-7-40 of the South Carolina Code of Laws, as amended.

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Safe Havens' Responsibility under Daniel's Law

Posted on March 16, 2010 by Russell W. Hall III

Safe haven means a hospital or hospital outpatient facility, a law enforcement agency, a fire station, an emergency medical services station, or any staffed house of worship during hours when the facility is staffed.

Under Section 63-7-40 of South Carolina Code of Laws, as amended, those places defined as safe havens have certain statutory responsibilities; and those responsibilities are outlined therein.

Some of these responsibilities are as follows:

1. A safe haven in this State must, without a court order, take temporary physical custody of an infant ("infant" means a person not more than thirty days old) who is voluntarily left with the safe haven by a person who does not express an intent to return for the infant and the circumstances give rise to a reasonable belief that the person does not intend to return for the infant. If the safe haven is a hospital or hospital outpatient facility, the hospital or hospital facility shall perform any act necessary to protect the physical health or safety of the infant; any other safe haven shall, as soon as possible, but no later than six hours after receiving an infant, transport the infant to a hospital or hospital outpatient facility. The person leaving the infant is not required to disclose his or her identity; however, the person must leave the infant in the physical custody of a staff member or employee of the safe haven.

2.  The safe haven must offer the person leaving the infant information concerning the legal effect of leaving the infant with the safe haven.

3. The safe haven must ask the person leaving the infant to identify any parent of the infant other than the person leaving the infant with the safe haven. The safe haven also must attempt to obtain from the person information concerning the infant's background and medical history as specified on a form provided by the Department of Social Services. This information includes, but is not limited to, information concerning the use of a controlled substance by the infant's mother, provided that information regarding the use of a controlled substance by the infant's mother is not admissible as evidence of the unlawful use of a controlled substance in any court proceeding. The safe haven shall give the person a copy of the form and a prepaid envelope for mailing the form to the Department of Social Services if the person does not wish to provide the information to the safe haven. These materials must be provided to safe havens by the department.

Most of the governmental agencies that are safe havens have been informed of their responsibility under the law. Houses of worship on the other hand may not know that they even have responsibilities as a safe haven.

I found a procedure manual for the Columbia, South Carolina Fire Department that outlines the steps needed to comply with the Safe Haven Law at this website. This manual is a great platform to model your procedure manual after with the aid of your attorney. If you need help structuring a manual that will help you comply with the law please call my office at 843-267-0906 or e-mail my office at lawyerhall@russellslawoffice.com.

 

 

 

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Daniel's Law: Safe Haven for Abandoned Child and His Parents

Posted on March 15, 2010 by Russell W. Hall III

Section 63-7-40 of the South Carolina Code of Laws, as amend, provides distressed young women and men an opportunity to surrender a new born child without being prosecuted for abandoning the child.

The above section provides that a person who leaves an infant at a  safe haven or directs another person to do so must not be prosecuted for any criminal offense on account of such action if:

(1) the person is a parent of the infant or is acting at the direction of a parent;

(2) the person leaves the infant in the physical custody of a staff member or an employee of the safe haven; and

(3) the infant is not more than thirty days old or the infant is reasonably determined by the hospital or hospital outpatient facility to be not more than thirty days old.
 

Safe haven as defined by statute means a hospital or hospital outpatient facility, a law enforcement agency, a fire station, an emergency medical services station, or any staffed house of worship during hours when the facility is staffed. 
 

Please note that you must leave the child with a staff member or an employee of the safe haven and no one else. Please also note that this law protects you from prosecution for leaving the child as outlined above; it does not protect your from any other abuse or neglect that may have occurred to the child prior to you surrendering the child.

Surrendering your child is conclusive evidence that the legal requirements for terminating your parental rights have been satisfied, and you essentially lose all your parental rights. This only applies to the person who left the child at the safe haven or the person who instructed someone else to do so for her. 

South Carolina Department of Social Services provides a brochure concerning Daniel's Law at https://dss.sc.gov/content/library/forms/files/2493.pdf. This brochure provides another explanation of Daniel's Law.

Remember you are protected if you follow the law when surrendering your child; if you do not follow the law then you forgo your statutory protection. Please call the South Carolina Department of Social Services at 1-888-722-2580 if you have any questions.

 

 

 

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Had Sex: Register to Keep Parental Rights

Posted on March 3, 2010 by Russell W. Hall III

If you want to protect your parental rights as a father you need to register at the Responsible Father Registry.

Please read my blog post at http://www.southcarolinaadoptionlaw.com/2009/12/articles/biological-father-1/john-doe-rip-responsible-father-registry-is-law-1-januarly-2010/  and Responsible Father Registry Q & A  to help you more fully understand the Responsible Father Registry.

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