(A)(1) Within twenty-four hours of the receipt of a report of suspected child abuse or neglect or within twenty-four hours after the department has assumed legal custody of a child pursuant to Section 63-7-660 or 63-7-670 or within twenty-four hours after being notified that a child has been taken into emergency protective custody, the department must begin an appropriate and thorough investigation to determine whether a report of suspected child abuse or neglect is "indicated" or "unfounded".
(2) The finding must be made no later than forty-five days from the receipt of the report. A single extension of no more than fifteen days may be granted by the director of the department, or the director's designee, for good cause shown, pursuant to guidelines adopted by the department.
(3) If the investigation cannot be completed because the department is unable to locate the child or family or for other compelling reasons, the report may be classified as unfounded Category III and the investigation may be reopened at a later date if the child or family is located or the compelling reason for failure to complete the investigation is removed. The department must make a finding within forty-five days after the investigation is reopened.
(B) The department may file with the family court an affidavit and a petition to support issuance of a warrant at any time after receipt of a report. The family court must issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the condition of the child, to inspect the premises where the child may be located or may reside, and to obtain copies of medical, school, or other records concerning the child.
(C) The department or law enforcement, or both, may interview the child alleged to have been abused or neglected and any other child in the household during the investigation. The interviews may be conducted on school premises, at childcare facilities, at the child's home or at other suitable locations and in the discretion of the department or law enforcement, or both, may be conducted outside the presence of the parents. To the extent reasonably possible, the needs and interests of the child must be accommodated in making arrangements for interviews, including time, place, method of obtaining the child's presence, and conduct of the interview. The department or law enforcement, or both, shall provide notification of the interview to the parents as soon as reasonably possible during the investigation if notice will not jeopardize the safety of the child or the course of the investigation. All state, law enforcement, and community agencies providing child welfare intervention into a child's life should coordinate their services to minimize the number of interviews of the child to reduce potential emotional trauma to the child.
(D) The department must furnish to parents or guardians on a standardized form the following information as soon as reasonably possible after commencing the investigation:
(1) the names of the investigators;
(2) the allegations being investigated;
(3) whether the person's name has been recorded by the department as a suspected perpetrator of abuse or neglect;
(4) the right to inspect department records concerning the investigation;
(5) statutory and family court remedies available to complete the investigation and to protect the child if the parent or guardian or subject of the report indicates a refusal to cooperate;
(6) how information provided by the parent or guardian may be used;
(7) the possible outcomes of the investigation; and
(8) the telephone number and name of a department employee available to answer questions.
(E) This subarticle does not require the department to investigate reports of child abuse or neglect which resulted in the death of the child unless there are other children residing in the home, or a resident of the home is pregnant, or the subject of the report is the parent, guardian, or person responsible for the welfare of another child regardless of whether that child resides in the home.
(F) The department or law enforcement, or both, may collect information concerning the military affiliation of the person having custody or control of the child subject to an investigation and may share this information with the appropriate military authorities pursuant to Section 63-11-80.
HISTORY: 2008 Act No. 361, Section 2; 2015 Act No. 62 (H.3548), Section 2, eff June 4, 2015.
Effect of Amendment
2015 Act No. 62, Section 2, added (F).
Structure South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Chapter 7 - Child Protection And Permanency
Section 63-7-25. Children in out-of-home care; age or developmentally appropriate activities.
Section 63-7-30. Seeking assistance.
Section 63-7-40. Safe haven for abandoned babies.
Section 63-7-310. Persons required to report.
Section 63-7-320. Notification; transfer; notice to designated military officials.
Section 63-7-330. Confidentiality of information.
Section 63-7-340. Previous reports.
Section 63-7-350. Reports for lack of investigation.
Section 63-7-360. Mandatory reporting to coroner.
Section 63-7-370. Domestic violence reporting.
Section 63-7-380. Photos and x-rays without parental consent; release of medical records.
Section 63-7-390. Reporter immunity from liability.
Section 63-7-400. Department of Social Services immunity from liability.
Section 63-7-410. Failure to report; penalties.
Section 63-7-420. Abrogation of privileged communication; exceptions.
Section 63-7-430. Civil action for bad faith reporting.
Section 63-7-440. Knowingly making false report.
Section 63-7-450. Department of Social Services to provide information to public.
Section 63-7-610. Statewide jurisdiction.
Section 63-7-620. Emergency protective custody.
Section 63-7-630. Notification of Department of Social Services.
Section 63-7-640. Preliminary investigation.
Section 63-7-660. Assumption of legal custody.
Section 63-7-670. Returning child to parents; alternative procedures.
Section 63-7-680. Emergency protective custody extension.
Section 63-7-690. Relative placement.
Section 63-7-700. Emergency protective custody proceedings.
Section 63-7-710. Probable cause hearing.
Section 63-7-720. Reasonable efforts to prevent removal.
Section 63-7-730. Expedited placement of child with relative.
Section 63-7-735. Right to become a licensed kinship foster parent.
Section 63-7-740. Ex parte emergency protective custody.
Section 63-7-750. Doctor or hospital may detain child; civil immunity.
Section 63-7-765. Required disclosure of information to kinship care providers.
Section 63-7-770. Required disclosure of information to residential health facilities.
Section 63-7-900. Purpose of the subarticle.
Section 63-7-910. Duties of the department.
Section 63-7-920. Investigations and case determination.
Section 63-7-930. Classification categories.
Section 63-7-940. Use of unfounded case information.
Section 63-7-950. Withholding health care.
Section 63-7-960. Consolidation and delivery of services.
Section 63-7-970. Children of incarcerated women.
Section 63-7-980. Cooperation between the department and law enforcement.
Section 63-7-990. Access to sex offender registry.
Section 63-7-1210. Department investigation of institutional abuse.
Section 63-7-1420. Appeal of judicial determinations.
Section 63-7-1430. Notice and opportunity to be heard.
Section 63-7-1440. Judicial review.
Section 63-7-1610. Jurisdiction and venue.
Section 63-7-1620. Legal representation of children.
Section 63-7-1630. Notice of hearings.
Section 63-7-1640. Family preservation.
Section 63-7-1650. Services without removal.
Section 63-7-1660. Services with removal.
Section 63-7-1670. Treatment plan.
Section 63-7-1680. Approval or amendment of plan.
Section 63-7-1690. Placement plans; substance abuse issues.
Section 63-7-1700. Permanency planning.
Section 63-7-1710. Standards for terminating parental rights.
Section 63-7-1720. Clerk of court and court administration progress reports.
Section 63-7-1740. Review of qualified residential treatment program placement.
Section 63-7-1920. Department to maintain Central Registry.
Section 63-7-1930. Petition for placement in Central Registry.
Section 63-7-1940. Court order for placement in Central Registry of Child Abuse and Neglect.
Section 63-7-1950. Updated records requested.
Section 63-7-1960. Destruction of certain records.
Section 63-7-1970. Release of information.
Section 63-7-1980. Screening against the Central Registry.
Section 63-7-1990. Confidentiality and release of records and information.
Section 63-7-2000. Retention and disclosure of records of unfounded cases.
Section 63-7-2010. Annual reports.
Section 63-7-2310. Protecting and nurturing children in foster care.
Section 63-7-2320. Kinship Foster Care Program.
Section 63-7-2330. Placement with relatives.
Section 63-7-2340. Fingerprint review.
Section 63-7-2345. Payment of costs of Federal Bureau of Investigation fingerprint reviews.
Section 63-7-2350. Restrictions on foster care or adoption placements.
Section 63-7-2360. Placement of minor sex offenders.
Section 63-7-2370. Disclosure of information to foster parents.
Section 63-7-2380. Foster parent training.
Section 63-7-2390. Loss for uninsured damages.
Section 63-7-2400. Number of foster children who may be placed in a foster home.
Section 63-7-2520. Jurisdiction.
Section 63-7-2530. Filing procedures.
Section 63-7-2540. Content of petition.
Section 63-7-2550. Service of petition.
Section 63-7-2560. Representation by counsel; guardian ad litem.
Section 63-7-2580. Permanency of order.
Section 63-7-2590. Effect of order.
Section 63-7-2600. Confidentiality.
Section 63-7-2610. Effect on adoption laws.
Section 63-7-2620. Construction of law.
Section 63-7-2710. Definitions.
Section 63-7-2720. Creation and implementation of extended foster care program.
Section 63-7-2730. Voluntary extension of foster care; jurisdiction; transition plan.
Section 63-7-2740. Proceedings for review of voluntary placement agreement.
Section 63-7-2760. Administrative case review; development of transition plan.
Section 63-7-2770. Permanency planning hearings.
Section 63-7-2780. Review of progress toward meeting goals in transition plan.
Section 63-7-2790. Notice of adverse decision; right to appeal; judicial review.