(A) Prior to and at the time the department places a child with a prospective adoptive parent for purposes of adoption, the department shall disclose to the prospective adoptive parent all information known by the person making the placement or reasonably accessible to the person making the placement that is necessary to provide adequate care and supervision for the child and to protect the health and safety of the child and the prospective adoptive parent's family. The information that must be disclosed to the prospective adoptive parent pursuant to this section includes, but is not limited to, medical and mental health conditions and history of the child, the nature of abuse or neglect to which the child has been subjected, behavioral strengths and challenges, and matters related to the child's educational needs. If the department does not have this information at the time of making the placement, a member of the child's casework team or the child's caseworker shall contact the prospective adoptive parent and provide the information known to the casework team or reasonably accessible during the first working day following the placement. The child's caseworker shall research the child's record and shall supplement the information provided to the prospective adoptive parent no later than the end of the first week of placement if additional information is found. When the child's caseworker acquires new information which is likely to affect either the ability of the prospective adoptive parent to provide adequate care and supervision for the child or is likely to place the health and safety of the child or the prospective adoptive parent's family at risk, the department shall disclose that information to the prospective adoptive parent. The obligation to provide this information continues until the adoption is finalized.
(B)(1) In addition to the information disclosed to the prospective adoptive parent in subsection (A), a medical history of the adoptee's biological parents also shall be disclosed if the biological parents elected to provide that information as provided in item (2).
(2) At the time that consent or relinquishment for the purpose of adoption is given by a person required to do so pursuant to Section 63-9-310(A)(2)-(5), the person giving consent or relinquishment may provide a medical history of the adoptee's biological parents. The medical history must be in a form that does not disclose any personally identifiable information of the biological parents.
(3) If a medical history is disclosed pursuant to item (1), then the medical history may be disclosed to the adoptee upon reaching the age of majority or under circumstances prior to the adoptee reaching the age of majority for good cause shown."
HISTORY: 2018 Act No. 165 (H.3699), Section 3, eff May 3, 2018; 2020 Act No. 144 (S.181), Section 1, eff September 28, 2020.
Effect of Amendment
2020 Act No. 144, Section 1, inserted the (A) designator, and added (B), allowing a biological parent to provide personal medical history at the time of adoption consent or relinquishment and requiring that such information be disclosed to the prospective adoptive parent and to the adoptee upon reaching the age or majority or prior to the age of majority for good cause shown.
Subarticle 3
Consent and Relinquishment
DERIVATION TABLE
Showing the sections in former Chapter 7, Title 20 from which the sections in this subarticle were derived.
New
Section Former
Section 63-9-310 20-7-1690 63-9-320 20-7-1695 63-9-330 20-7-1700 63-9-340 20-7-1705 63-9-350 20-7-1720 63-9-360 20-7-1750
Structure South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Section 63-9-20. Legislative purpose.
Section 63-9-40. Jurisdiction; venue.
Section 63-9-50. Children who may be adopted.
Section 63-9-60. Persons who may adopt.
Section 63-9-70. Advertising prohibited to place or accept child for adoption; exception; penalties.
Section 63-9-310. Persons who must give consent or relinquishment.
Section 63-9-320. Persons not required to give consent or relinquishment.
Section 63-9-330. Form and content of consent and relinquishment.
Section 63-9-340. Signing consent and relinquishment.
Section 63-9-350. Withdrawal of consent or relinquishment.
Section 63-9-360. Consent and relinquishment certification.
Section 63-9-370. Adoption of a child in the custody of the Department of Social Services.
Section 63-9-510. Temporary placement and custody of adoptee.
Section 63-9-520. Investigations and reports.
Section 63-9-710. Petition for adoption; use of fictitious names.
Section 63-9-720. Appointment of guardian ad litem.
Section 63-9-730. Notice of adoption proceedings.
Section 63-9-740. Itemized accounting of disbursements.
Section 63-9-750. Final hearing.
Section 63-9-760. Effect of final decree.
Section 63-9-770. Attacks on final orders; appeals.
Section 63-9-780. Confidentiality of hearings and records.
Section 63-9-790. Amended birth certificates.
Section 63-9-810. State interest; purpose of registry.
Section 63-9-910. Foreign adoptions.
Section 63-9-920. Effect of foreign decrees of adoption.
Section 63-9-1110. Adoption by stepparent or relative.
Section 63-9-1120. Adult adoption.
Section 63-9-1310. Declaration of purpose.
Section 63-9-1330. Department of Social Services to administer program.
Section 63-9-1340. Children's Bureau transferred; monitoring placements.
Section 63-9-1350. Department of Social Services to obtain accreditation.
Section 63-9-1360. Birth parent informational brochure; waiting period.
Section 63-9-1370. Adoption services fees.
Section 63-9-1510. Statewide adoption exchange.
Section 63-9-1700. Short title.
Section 63-9-1720. Definitions.
Section 63-9-1730. Program established.
Section 63-9-1740. Notice to adoptive parents.
Section 63-9-1750. Eligibility criteria.
Section 63-9-1760. Eligible children.
Section 63-9-1770. Adoptive parents; nature of supplemental benefits.
Section 63-9-1780. Eligibility for supplemental benefits.
Section 63-9-1790. Review of decisions.
Section 63-9-1800. Benefits to substitute caregivers.
Section 63-9-1810. Authority to promulgate regulations.
Section 63-9-2000. Compact authorized.
Section 63-9-2010. Compact contents.
Section 63-9-2020. Additional provisions.
Section 63-9-2030. Medical assistance identification.
Section 63-9-2040. Compliance with federal law.
Section 63-9-2200. Compact enacted.
Section 63-9-2210. Financial responsibility for children.
Section 63-9-2220. "Appropriate public authorities" defined.
Section 63-9-2230. "Appropriate authority in receiving state" defined.
Section 63-9-2240. Agreements with other compact states.
Section 63-9-2250. Visitation, inspections by agreement.
Section 63-9-2260. Out-of-state placements.
Section 63-9-2270. Placement of delinquent children.
Section 63-9-2280. "Executive head" defined.
Section 63-9-2290. Promulgation of procedures governing interstate adoptive and foster care.