South Carolina Code of Laws
Chapter 35 - Adult Protection
Section 43-35-20. Additional powers of investigative entities.

In addition to all other powers and duties that an investigative entity is given in this article, the investigative entity may:
(1) have access to facilities for the purpose of conducting investigations, as otherwise permitted by law;
(2) request and receive written statements, documents, exhibits, and other items pertinent to an investigation including, but not limited to, hospital records of a vulnerable adult which the hospital is authorized to release upon written request of the investigative entity without obtaining patient authorization;
(3) issue, through its director, administrative subpoenas for the purpose of gathering information and documents;
(4) institute proceedings in a court of competent jurisdiction to seek relief necessary to carry out the provisions of this chapter;
(5) require all persons, including family members of a vulnerable adult and facility staff members, to cooperate with the investigative entity in carrying out its duties under this chapter including, but not limited to, conducting investigations and providing protective services;
(6) require all officials, agencies, departments, and political subdivisions of the State to assist and cooperate within their jurisdictional power with the court and the investigative entity in furthering the purposes of this chapter;
(7) conduct studies and compile data regarding abuse, neglect, and exploitation;
(8) issue reports and recommendations.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 2006 Act No. 301, Section 4, eff May 23, 2006.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 43 - Social Services

Chapter 35 - Adult Protection

Section 43-35-5. Short title.

Section 43-35-10. Definitions.

Section 43-35-13. Nonmedical remedial treatment by spiritual means is not abuse or neglect of vulnerable adult.

Section 43-35-15. Vulnerable Adults Investigations Unit; Long Term Care Ombudsman Program; Adult Protective Services Program; responsibilities; referral of reports.

Section 43-35-20. Additional powers of investigative entities.

Section 43-35-25. Persons required to report abuse, neglect, or exploitation of adult; reporting methods.

Section 43-35-30. Photographing of visible trauma on abused adult.

Section 43-35-35. Reporting deaths where abuse or neglect suspected.

Section 43-35-40. Responsibilities when a report is received; initiation of investigation; reports to local law enforcement or Vulnerable Adults Investigations Unit.

Section 43-35-45. Warrant from family court to permit investigation of report; order for protective services; appointment of guardian and attorney; evaluation; hearing; review; semiannual reevaluation; payment for services.

Section 43-35-50. Abrogation of privilege for certain communications.

Section 43-35-55. Protective custody by law enforcement officer; procedure; notification of protective services program; subsequent proceedings.

Section 43-35-60. Sharing of report information by investigative entities; public confidentiality.

Section 43-35-65. Notices to be displayed at facilities.

Section 43-35-70. Reports to occupational licensing boards.

Section 43-35-75. Immunity of person making report or participating in investigation in good faith.

Section 43-35-80. Action by Attorney General against person or facility for failure to exercise reasonable care; fine.

Section 43-35-85. Penalties.

Section 43-35-87. Financial exploitation; financial institution authority to decline transaction requests.

Section 43-35-90. Article not to affect authority of agencies.

Section 43-35-200. Vulnerable Adult Guardian ad Litem Program.

Section 43-35-210. Definitions.

Section 43-35-220. Duties and responsibilities of guardian ad litem; assessments.

Section 43-35-230. Appointment of guardian ad litem; continuing legal education.

Section 43-35-240. Appointment of guardian ad litem for abuse, neglect, or exploitation proceedings; criminal background checks.

Section 43-35-250. Charge of guardian ad litem; petition for removal.

Section 43-35-260. Access to information.

Section 43-35-270. Confidentiality of reports and information.

Section 43-35-280. Civil liability.

Section 43-35-290. Funding.

Section 43-35-310. Council created; membership; filling vacancies.

Section 43-35-320. Responsibilities of council.

Section 43-35-330. Duties of council.

Section 43-35-340. Officers; terms of office; quorum.

Section 43-35-350. Meetings.

Section 43-35-500. Definitions.

Section 43-35-510. Policy of State regarding health and safety of vulnerable adults.

Section 43-35-520. Investigations of deaths in facilities operated by the Department of Mental Health or the Department of Disabilities and Special Needs; death by natural causes in a veterans' nursing home.

Section 43-35-530. Conduct of investigations.

Section 43-35-540. Access to medical information.

Section 43-35-550. Subpoena of medical information.

Section 43-35-560. Vulnerable Adults Fatalities Review Committee; members; terms; meetings; administrative support.

Section 43-35-570. Purpose of Vulnerable Adult Fatalities Review Committee.

Section 43-35-580. Meetings discussing individual cases closed; disclosure of information identifying vulnerable adult or family member.

Section 43-35-590. Confidential and public information.

Section 43-35-595. Promulgation of regulations.