Child Welfare, the official text

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

(A8, R19, H3654)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 63-7-1990 AND 63-11-550, BOTH RELATING TO CONFIDENTIALITY OF CHILD WELFARE RECORDS AND INFORMATION, SO AS TO AUTHORIZE DISCLOSURE OF CASE RECORDS TO COUNTY AND STATE GUARDIAN AD LITEM PROGRAM STAFF AND TO THE STATE CHILD ADVOCATE; AND BY AMENDING SECTIONS 63-11-700, 63-11-1340, AND 63-11-1360, RELATING TO CERTAIN DIVISIONS OF THE DEPARTMENT OF CHILDREN'S ADVOCACY, SO AS TO UPDATE REFERENCES TO THE DEPARTMENT AND THESE DIVISIONS.

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

Central registry confidentiality exceptions

SECTION 1. Section 63-7-1990(B)(1) and (23) of the S.C. Code is amended to read:

(1) the Department of Children's Advocacy, including the Guardian ad Litem Division, and county Guardian ad Litem Program staff, when carrying out their duties;

(23) employees of the Division of Guardian ad Litem, for purposes of certifying that no potential employee or volunteer is the subject of an indicated report or an affirmative determination and when carrying out their duties;

Guardian ad Litem Division

SECTION 2. Section 63-11-550(A) of the S.C. Code is amended to read:

(A) All reports and information collected pursuant to this article maintained by the South Carolina Guardian ad Litem Program, or a county Guardian ad Litem Program operating pursuant to Section 63-11-500(B) or by a guardian ad litem, are confidential. A person who disseminates or permits the unauthorized dissemination of the information is guilty of contempt of court and, upon conviction, may be fined or imprisoned, or both, pursuant to Section 63-3-620. The appointed guardian ad litem may share reports and information collected with the county's Guardian ad Litem Program staff, the Guardian ad Litem Division, and the State Child Advocate.

Foster care review division

SECTION 3. Section 63-11-700(E) and (F) of the S.C. Code is amended to read:

(E) The Department of Children's Advocacy, upon recommendation of the division director, shall promulgate regulations to carry out the provisions of this article. These regulations shall provide for and must be limited to procedures for: reviewing reports and other necessary information at state, county, and private agencies and facilities; scheduling of reviews and notification of interested parties; conducting local review board and board of directors' meetings; disseminating local review board recommendations, including reporting to the appropriate family court judges the status of judicially approved treatment plans; participating and intervening in family court proceedings; and developing policies for summary review of children privately placed in privately owned facilities or group homes.

(F) The Department of Children's Advocacy may employ a division director and staff as is necessary to carry out this article, and the funds for the division director, staff, and other purposes of this division must be provided for in the annual general appropriations act.

Continuum of Care Division

SECTION 4.A. Section 63-11-1340 of the S.C. Code is amended to read:

Section 63-11-1340. The Department of Children's Advocacy may employ a Director of the Continuum of Care and staff necessary to carry out the provisions of this article. The funds for the division director, staff, and other purposes of the Continuum of Care Division must be provided in the annual general appropriations act. The department, upon the recommendation of the division director, may promulgate regulations in accordance with this article and the provisions of the Administrative Procedures Act and formulate necessary policies and procedures of administration and operation to carry out effectively the objectives of this article.

B. Section 63-11-1360 of the S.C. Code is amended to read:

Section 63-11-1360. The Continuum of Care Division shall submit, through the Department of Children's Advocacy's annual report to the Governor and General Assembly, its activities and recommendations for changes and improvements in the delivery of services by public agencies serving children.

Time effective

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

Ratified the 24th day of April, 2025.

Approved the 28th day of April, 2025.

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