South Carolina Code of Laws
Chapter 35 - Adult Protection
Section 43-35-310. Council created; membership; filling vacancies.

(A) There is created the Adult Protection Coordinating Council under the auspices of the South Carolina Department of Health and Human Services and is comprised of:
(1) one member from the institutional care service provision system who is a consumer or a family member of a consumer of that system and one member from the home and community-based service provision system who is a consumer or a family member of a consumer of that system, both of whom must be appointed by the council for terms of two years; and
(2) these members who shall serve ex officio:
(a) Attorney General or a designee;
(b) Office on Aging, Executive Director, or a designee;
(c) Criminal Justice Academy, Executive Director, or a designee;
(d) South Carolina Department of Health and Environmental Control, Commissioner, or a designee;
(e) State Department of Mental Health, Director, or a designee;
(f) South Carolina Department of Disabilities and Special Needs, Director, or a designee;
(g) Adult Protective Services Program, Director, or a designee;
(h) South Carolina Department of Health and Human Services, Executive Director, or a designee;
(i) Police Chiefs' Association, President, or a designee;
(j) South Carolina Commission on Prosecution Coordination, Executive Director, or a designee;
(k) Protection and Advocacy for People with Disabilities, Inc., Executive Director, or a designee;
(l) South Carolina Sheriff's Association, Executive Director, or a designee;
(m) South Carolina Law Enforcement Division, Chief, or a designee;
(n) Long Term Care Ombudsman or a designee;
(o) South Carolina Medical Association, Executive Director, or a designee;
(p) South Carolina Health Care Association, Executive Director, or a designee;
(q) South Carolina Home Care Association, Executive Director, or a designee;
(r) South Carolina Department of Labor, Licensing and Regulation, Director, or a designee;
(s) executive director or president of a provider association for home and community-based services selected by the members of the council for terms of two years, or a designee;
(t) South Carolina Court Administration, Executive Director, or a designee;
(u) executive director or president of a residential care facility organization selected by the members of council for terms of two years, or a designee.
(B) Vacancies on the council must be filled in the same manner as the initial appointment.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 2012 Act No. 239, Section 1, eff June 18, 2012.

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.