Family Law

General Family Law

Domestic Violence

The Protection from Domestic Abuse Act is a law in South Carolina to protect wives and husbands, former spouses, children and other close relatives from physical harm, threat of harm or criminal sexual conduct by providing help through family court to get a protective order. Physical abuse occurs in various forms - being kicked, punched, slapped, shoved, sexually molested or harmed bodily in any way.

The person who has been abused or threatened with abuse can ask for help from family court under the civil laws. If the abused or threatened person is under age 18 another family member can ask the family court for help.

You do not need a lawyer to get a protective order. Go to the clerk of court in the county where the abuser lives, where you last lived together or where you live if you cannot find the abuser. The clerk of court can give you forms to file your own papers and will schedule a hearing on the matter. If you cannot afford to pay the filing fees, the clerk will show you how to file without a fee.

During times when the court is closed, you may go to a magistrate to get a protective order. A protective order issued by the family court can tell the abuser to stop abusing you and to leave the home. Family court orders can also order temporary child custody, child support and visitation rights, and possession of your personal items such as clothes and medicine. Protective orders issued by magistrates are more limited and can only tell the abuser to stop abusing you.
You do not have to file for divorce to get a six month protective order. The parts of the order about support, custody, visitation and personal property last only 60 days if you do not file for divorce or legal separation.

If you have a lawyer and have already filed for divorce or separation, your lawyer can ask the court for an emergency protective order if you need it.
When you go to court for the hearing, try to take with you witnesses, pictures of your injuries, police reports, medical reports, your financial information and any other evidence you have to prove that you were abuse.

A copy of any protective order issued will be mailed to you, the abuser, and the local law enforcement agency where you live. The sheriff's department can help see that this protective order is enforced.

If the abuser violates your protective order, immediately contact the police, the clerk of court or your lawyer. It is a crime to violate this order; the sentence can be up to 30 days in jail or a fine of $200. It also could be contempt of court to violate a protective order; the punishment is up to one year in jail and/or a fine up to $1500 and/or 300 hours community service.

In addition to the relief discussed above under the Protection from Domestic Abuse Act, separate criminal charges for criminal domestic violence may be filed against your abuser. This relief is available not only to family members but also persons who live together or who live together but never been married. To file criminal charges, contact your local magistrate. If convicted, the abuser can be fine up to $200 or imprisoned for up to 30 days. Repeat offenders face greater penalties.

This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.

Grandparent Rights

Video

In South Carolina, grandparents’ rights are derivative of their child’s rights. This means that in typical circumstances, a grandparent may visit with a grandchild only when the grandparent’s child has visitation.

The law is clear that parents have a protected liberty interest in the care, custody, and control of their children, and that this is a fundamental right protected by the Due Process Clause in the United States Constitution. The court must give "special weight" to a fit parent's decision regarding visitation. A court considering grandparent visitation over a parent’s objection must allow a presumption that a fit parent’s decision is in the child's best interest. So long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parents children. Camburn v. Smith, 355 S.C. 574, 586 S.E.2d 565 (2003).

The Family Court can grant visitation to a third party (not just limited to a grandparent) over a fit parent’s objection when faced with compelling circumstances, such as significant harm to a child. Compelling circumstances will be determined on a case-by-case basis, but the Court will consider pursuant to S.C. Code Ann. § 63-15-240 the children's best interests in deciding custody, and the judge considers several factors including: the needs and preferences of the child; the child’s relationship with siblings or other persons; the stability of residences; the mental and physical health of all involved; and past or present abuse and neglect. However, it is not enough just that a child may benefit from contact with a grandparent.

When one parent dies, the parents of the deceased may still be able to have visitation rights if the meet the criteria in S.C. Code Ann. § 63-3-530(33), which allows visitation for a grandparent when either or both parents of the child are deceased, or are divorced, or are living separate and apart in different habitats. To award visitation under this law, the court must find that:

The child's parents or guardians are unreasonably depriving the grandparent of the opportunity to visit with the child, including denying visitation of the minor child to the grandparent for a period exceeding 90 days; and
The grandparent maintained a relationship similar to a parent-child relationship with the minor child; and
That awarding grandparent visitation would not interfere with the parent-child relationship; and:
1. The court finds by clear and convincing evidence that the child's parents or guardians are unfit; or
2. The court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the child's best interest.

South Carolina also recognizes the doctrine of a psychological parent, which could apply to a grandparent is some circumstances. There is a four-part test which is used to evaluate whether or not a person qualifies as a psychological parent:

The child’s biological or legal parent or parents consented to and facilitated the formation and establishment of a parent-like relationship with the child;
The petitioner and the child lived together in the same household;
The petitioner undertook obligations of parenthood through responsibility for the child’s care, education, and development without expectation of financial compensation;
The petitioner has been in a parental role for a length of time sufficient f or a parental bond to be established with the child. Middleton v. Johnson 369 S.C 585, 633 S.E.2d 162 (Ct. App. 2006).

According to S.C. Code Ann. § 63-15-60, a grandparent may also qualify as a de facto custodian in some circumstances. A de facto custodian means, unless the context requires otherwise, a person who has been shown by clear and convincing evidence to have been the primary caregiver for and financial supporter of a child who:

Has resided with the person for a period of six months or more if the child is under three years of age; or
Has resided with the person for a period of one year or more if the child is three years of age or older.

In gathering information to assist in making a decision, a judge may use investigative agencies, psychologists and others. The Judge may also appoint a lawyer to represent the interest of a child or children.

LGBT Children or Parents

SC Equality is a statewide non-partisan coalition of local and state social, religious and political LGBT organizations and allies with a mission to secure civil and human rights.

SC Equality has a number of useful fact sheets that cover LGBT issues.

Relationship Recognition & Protection
Non-Discrimination
Safe & Just Schools
Transgender Inclusion & Protection
Hate Crimes & Violence Prevention

For Parents
Parental Recognition & Protections

According to data from the Movement Advancement Project, 1 in 4 of South Carolina's same-sex couples are raising children -- that is a lot of mothers, fathers, and children who face daily uncertainty. While state's laws simply do not address same-sex couples, there are steps that can be taken to maximize your rights as parents.

Guardianship Agreement
- Document allows the biological parent to clearly indicate the caregiver of choice in the event that something happens.
- May help prevent conflict among family members
- Gives guidance to the court in the event of a family conflict
Co-parenting Agreement
- Allows couples to share parental responsibilities of a child when legal adoption is not available.
- Can include:
  - Consent for medical care of child
  - Proposed Custody Agreement in the event of separation

Co-parenting Agreement

Same Sex Adoption in South Carolina

An attorney should be consulted to draft these types of agreements.

Divorce & Separation

Divorce

There are five grounds for divorce in South Carolina: adultery, habitual drunkenness, physical cruelty, abandonment and no fault, which is based on the parties living separate and apart for at least one year. Mental abuse/cruelty is not a basis for divorce in South Carolina.

Divorces are granted in specific courts, designated as Family Courts. Family Court Judges have jurisdiction over divorce, as well as separations, child custody and visitation, child support, spousal support and alimony, and division of marital property, including retirement and pensions.

A divorce action may be initiated as a separate case, only requesting a divorce from the other spouse, once the grounds for the divorce are proven, or as part of an action including separate maintenance and support. To include the request for divorce as part of a case for separate maintenance and support, the parties must satisfy the separation requirement before filing, or the filing spouse must be able to prove the fault ground(s) alleged in the Summons and Complaint.

A divorce action is started when one spouse, or his or her attorney, files a Summons and Complaint, stating the grounds on which he or she wishes to be divorced from the other spouse, and, if applicable, how he or she would like the marital assets and debts to be divided. If there are minor children from the marriage, child custody, visitation, and support would be included in the Complaint. The party who files the case is the Plaintiff.

Once the case is filed, the other spouse is personally served with a certified copy of the Summons and Complaint. The spouse’s attorney, if he or she has one, may accept service of the Summons and Complaint on behalf of his or her client. They then have 30 days to file an Answer, responding to the allegations in the Complaint and Counterclaim, outlining how he or she would like the Court to address the issues in the case.

In an action for divorce only, there is one hearing, a final divorce hearing. This hearing is scheduled for 15 minutes, and is purely to determine whether the requirements for divorce on the ground requested have been met. A third party witness is required to corroborate the testimony of the party claiming that the grounds for divorce have been met.

Legal Separation

South Carolina does not recognize “legal separation.” Instead, the South Carolina Family Courts issue Orders of Separate Maintenance and Support, which provide specific details regarding parties’ child custody, visitation, and support arrangements, as well as maintaining marital assets and paying marital debts, until the case is resolved at a final hearing or trial. An Order of Separate Maintenance and Support is a temporary order; it does not cover the issue of divorce, and it does not end the parties’ marriage.

In South Carolina, the only way to obtain a no-fault divorce is to live separately for one year. Living separately occurs when spouses live in two different locations. Living in different bedrooms in the same house does not qualify as living separately. Spouses do not need an Order of Separate Maintenance and Support to live separately, but it can help the spouses protect their financial interests and resolve visitation and custody issues during the separation period.

Either spouse may file an action for an Order of Separate Maintenance and Support, so long as the parties are living separate and apart (in a no-fault situation), or fault grounds can be proven.

Issues such as child custody, visitation, and support, which spouse will remain in the marital home, who will be responsible for paying the mortgage and other costs associated with the home during the separation period, closing joint accounts, allocating marital debt, transferring titles to personal property, such as automobiles and boats, into one spouse’s name or the other’s, (depending on who retains possession of the property), spousal support, and health insurance are addressed in an Order of Separate Maintenance and Support.

If the spouses are able to reach an agreement for an Order of Separate Maintenance and Support, the Judge will review the Agreement to make sure it is fair to both parties, in the best interest of their minor children, and that it follows South Carolina law.

The procedure for filing for an Order of Separate Maintenance and Support in Family Court is as follows: one of the spouses, who will be the Plaintiff, files a Summons and Complaint for an Order of Separate Maintenance and Support, and a Notice and Motion for Temporary Relief, or has his or her attorney do so. Once filed, the Summons, Complaint, and Notice and Motion for Temporary Relief are personally served upon the other spouse or his or her attorney. The spouse served is the Defendant, meaning he or she is not the filing party. The Defendant, or his or her attorney, then has thirty (30) days to file an Answer, responding to the Complaint, and Counterclaim, telling the Court what he or she would like the Judge to do regarding the issues in the case. The case is then heard by a Judge, who will decide the issues or review and approve an agreement between the parties. This Order will control the issues until the parties reach a Final Agreement as to all issues, or until the trial.

Property Rights in Divorce

Marital property is real or personal property acquired during the course of the parties' marriage through the use of marital funds, or through the sale of additional marital property. Real property is real estate; personal property is tangible property, such as automobiles, boats, furniture, and household items.

Any property that is given to either spouse as a gift from a third party (not the other spouse) during the marriage, as well as any property inherited by either spouse during the marriage, is considered to be non-marital, unless the receiving spouse does something to indicate that he or she wishes for the property to be shared with the other spouse, such as deeding real property in both spouses' names, which would turn it into marital property.

Many states have community property laws, which provide that spouses equally divide any and all property acquired by both spouses, with a few exceptions, during their marriage. South Carolina is an equitable division state; that is, the Family Court Judge hears the evidence from both spouses and then determines what he or she thinks is a fair and equitable division of marital property.

The Judge considers a number of factors in making the decision. It does not matter in whose name property is titled in South Carolina, so long as the property was purchased during the marriage, and that marital funds were used, at least in part, to purchase the property. In dividing the equity interest in the marital home, for example, the Judge will consider both spouses' contributions to the home, whether financial or in-kind, through "sweat equity." A temporary order may divide property completely differently than a Final Order.

Child Custody

Laws regarding child custody can be found in Title 63 - South Carolina Children's Code. The information below will direct you to sections within the Code for more information.

General consideration in custody proceeding of parent's military service (S.C. Code Ann. § 63-15-512)
Custody actions can be filed independently or as part of a divorce action in South Carolina. The standard applied in all custody actions is "the best interests of the child." The courts consider many factors in determining the best interests of a child including the physical, psychological, spiritual, educational, familial, emotional, and recreational aspects of the child's life. The courts will also assess each parent's character, fitness, and attitude as they impact the child; consider the child's preference for custody; and weigh any domestic violence. See S.C. Code Ann. § 63-15-10 - § 63-15-40 (2010); Patel v. Patel, 347 S.C. 281, 555 S.E.2d 386 (2001). A court cannot consider a parent's past deployment or possible future deployment "in itself" in determining the best interest of the child, but a court may consider any significant impact past or future deployment has on the best interest of the child.

Definition of "Custody" (S.C. Code Ann. § 63-15-210)
Courts can order many different types of custody arrangements. In general, there are two types of custody arrangements: "joint custody" and "sole custody." Joint custody means both parents have equal rights and responsibilities for major decisions concerning the child. Sole custody means one parent has the right and responsibilities for major decisions concerning the child.

Parenting Plans (S.C. Code Ann. § 63-15-220)
Parents must submit parenting plans to the court in custody proceedings reflecting the parental preferences as to how much time the child will spend with each parent and which parent will make major decisions for the child, including the child's education, medical and dental care, extracurricular activities, and religious training.

PROPOSED PARENTING PLAN FORM

The most common parenting arrangement is where one parent serves as the primary caretaker of the child, and that the other parent has visitation with the child. The primary caretaker is responsible for the child most days of the year, with the other parent having visitation every other weekend, on some holidays, and during some summer weeks. The parent having visitation almost always is required to pay child support to the parent who is serving as the primary caretaker.

Also, many courts are now encouraging parents to use Our Family Wizard to schedule and track parenting time, share important information, and communicate effectively.

Guardians ad Litem (S.C. Code Ann. § 63-3-810 (2010); S.C. Code Ann. 63-3-830 (2010))
When a custody action is initiated, the court will appoint a guardian ad litem. Guardians ad litem are independent people who interview parents, children, family members, friends, school personnel, and other people involved in the family's life, as well as collect evidence regarding the children, to make a recommendation to the court as to the best custody arrangement for the child.

A custody action or a divorce action in which custody is contested must be filed by an attorney. When custody is contested, both parties to the action must participate in mediation.

RULE 3, SCADR

Indian children (S.C. Code Ann. § 63-15-306)
The information provided does not apply to a child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901, et. seq. (2013).

Child Support

Child support is payments made by a noncustodial parent for support of a child or children. In South Carolina, court ordered child support is set based on child support guidelines which consider the income of both parents. Every state has child support guidelines which are reviewed and updated every 4 years. Support is based on gross income. Child support, alimony, the number of other children in the home, health insurance, child care costs and extraordinary medical expenses are also considered in determining the support amount.
Child support calculator
SC Child Support Guidelines

Child support may be increased or decreased when there is a substantial change of circumstances. These might be situations like losing your job, making substantially less, a child now lives with you, a child is now emancipated, or you have a medical condition, injury or disability. If you have a substantial change, act quickly. Child Support can only be modified from the time you file the action forward. For example, if you become disabled in January but do not file for a modification until June, the support can only be changed from the June filing date. It will not go back to the date you became disabled. Generally, the current child support order must be from South Carolina. If the order is from another state and the child or other parent lives in that state, that state must handle the modification.
Information on modifying a South Carolina child support order
Court approved forms for modification

If you fail to pay child support, you can be held in contempt of court. If you are required to make payments through the Clerk of Court’s office, the clerk will automatically issue a Rule to Show Cause for failure to pay. You will be notified of the date and time for the hearing. You will need to show the judge why you have not made your payments as ordered. If the court finds you in contempt, you could be sentenced to up to a year in jail, up to a $1500.00 fine or both.
Resources if you are unable to pay support

Support generally continues until the child is 18 and has finished high school or at the end of the school year that the child turns 19. Support can continue for exceptional situations such as college or if the child is disabled. Child support does not end automatically. You will need to file a motion or other court action to terminate the support obligation.
Form SCCA440 to file for emancipation

Additional information on child support in South Carolina
Information for fathers and noncustodial parents
Child Support Services Division of SC Department of Social Services
Child Support Information - LawHelp.org
Child Support Modification Forms Help - LawHelp.org
What you need to know about child support - SC Appleseed Legal Justice Center
South Carolina Children’s Code - Paternity and Child Support

Federal Office of Child Support Enforcement
Changing a Child Support order in SC
Federal Office of Child Support Enforcement

Visitation rights after divorce or separation

Most parents agree on when and where a non-custodial parent will visit their children. Many parents choose to characterize the non-custodial parent's time with the child as "reasonable visitation" and to work out flexible visitation schedules among themselves.

When parents cannot agree about visitation, the judge will set up a definite visitation schedule, taking into consideration such things as the age of the children, the visiting parent's relationship with them, the home conditions of the parent with custody and of the visiting parent, and any special problems of the children such as their physical or emotional health.

Judges feel that children are best off when they are reminded regularly that they have two parents, both of whom care about them. A judge usually will not deny or restrict a parent's right to reasonable visitation unless he finds that the visitation is bad for a child's physical, mental, moral or emotional health.

In most cases, try to establish regular weekly or alternate weekend and holiday visitation, with a fair sharing of school vacations and holidays.

A non-custodial parent does not lose the right to visit children because of a failure to pay child support, and a custodial parent cannot withhold visitation because the other misses support payments. Both a refusal to allow court-ordered visitation and a failure to pay court-ordered support may result in punishment by a judge.

Children

Adoption

Many South Carolina families desire to expand their family through adoption. In our State, adoption options include adopting an available child through South Carolina or another State’s foster care system, private domestic adoptions within and without the State, and international adoption. Below are some useful links to learn more about these options for building your family.

South Carolina Department of Social Services’ Adoption
View available children in S.C. - South Carolina Heart Gallery
Information on being a foster care or adoptive family in SC - Heartfelt Calling
American Academy of Adoption Attorneys
South Carolina Association of Licensed Adoption Agencies
Creating a Family
Intercountry Adoption
Available foster children throughout the U.S. - AdoptUSKids

To learn more about South Carolina’s laws regarding adoption, you can review the South Carolina Adoption Act found at Chapter 9, Article 1 of Title 63, the Children’s Code. The Act outlines the procedures for adoptions in South Carolina and includes information regarding who may adopt, who must consent or relinquish rights, and the process for eligibility, among many other issues.

Autism

Autism is defined as abnormal or impaired development in social interaction and communication, as well as markedly restricted, repetitive and stereotyped patterns of behavior, interests and activities manifested prior to three years of age. Problems which are experienced in these areas must fit a specific pattern of disturbance that is outlined in the Diagnostic and Statistical Manual of Mental Disorder (DSM-5).

The revision in the DSM-5 introduces two fundamental changes in the diagnosis of autism spectrum disorder.

It collapses previously distinct autism subtypes, including autistic disorder, Pervasive Developmental Disorder Not Otherwise Specified, and Asperger’s syndrome, into one unifying diagnosis of Autism Spectrum Disorder (ASD).
The three symptom domains of social impairment, communication deficits, and repetitive/ restricted behaviors will become two: social communication impairment and repetitive/restricted behaviors.

Links for Information on Autism & Services Available

South Carolina Department of Disabilities and Special Needs (SCDDSN)
South Carolina Autism Society
Autism Speaks
S.C. Code Ann. § 38-71-280 (2015) Health Insurance Coverage for Autism

Definition and Eligibility Criteria for Autism Services through SCDDSN

Autism is defined as abnormal or impaired development in social interaction and communication, as well as markedly restricted, repetitive and stereotyped patterns of behavior, interests and activities manifested prior to three years of age. Problems which are experienced in these areas must fit a specific pattern of disturbance that is outlined in the Diagnostic and Statistical Manual of Mental Disorders.

Information Needed to Determine Eligibility

Social information relevant to developmental history, a valid evaluation using state-of-the-art assessments and medical and psychological records that pertain to a possible diagnosis are needed.

Types of Services and Support Available

DDSN contracts with local Disabilities and Special Needs (DSN) Boards and other providers to bring an array of services to your community. Services are provided based on the needs of the consumer, the appropriateness of the service to meet the need, and the availability of funding. Services may be limited by the availability of a service provider in your community.

Services Available Exclusively to People with Autism

consultation for families, educators and service providers
evaluations for eligibility determination
training for professionals and families
treatment planning and planning for families

Additional Individual and Family Supports and Services for Children and Adults

service coordination
early intervention services
genetic evaluation, treatment and counseling services
stipends for day care (through ABC block grant) and transportation
individualized summer services and camps
adult companion services
adult dental services
adult vision services
audiology services
behavioral support services
environmental modifications
personal care services
nursing services
occupational therapy services
physical therapy services
prescribed drugs
private vehicle modifications
psychological services
respite care
specialized medical equipment, supplies and assistive technology
rehabilitation support services

Day Services for Adults

support employment services
center-based pre-vocational, habilitation or rehabilitation support services
mobile work crews or enclaves

Residential Services

a variety of residential settings which offer varying levels of supervision and supports to meet the needs of each individual.

Services and supports for people with autism may be funded through the Intellectual Disability/Related Disabilities (ID/RD) Waiver, the Medicaid State Plan, and/or the Individual and Family Support Funding.

Bullying Resources

Bullying is addressed through the “Safe School Climate Act” in South Carolina, which became effective on June 12, 2006, and serves to keep schools safe for all students.[1]

Defined: The Safe School Climate Act defines bullying as follows:

Harassment, intimidation or bullying means a gesture, an electronic communication or a written, verbal, physical or sexual act that is reasonably perceived to have the effect of:
1. Harming a student physically or emotionally or damaging a student’s property, or placing a student in a reasonable fear or personal harm or property damage; or
2. Insulting or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school.[2]

Does the Safe School Climate Act only Apply in Schools?

No. The Safe School Climate Act further defines where such acts are prohibited. Defined in Subsection (2), “[s]chool” means in a classroom, on school premises, on a school bus or other school-related vehicle, at an official school bus stop, at a school-sponsored activity or event whether or not it is held on school premises, or at another program or function where the school is responsible for the child.[3]

Anti-Bullying Policies?

The Act requires that school districts develop a policy against bullying, to include possible consequences as well as procedures for reporting acts of bullying. [4] The Act requires that school employees or volunteers who have reliable information about bullying must report the incident to an appropriate school official. [5]

What should you or your parent(s) do if you become a victim of bullying?

If the child experiences bullying at school, they should immediately report it to a teacher, counselor, or school administrator. They should also tell their parents about the bullying.
If a parent discovers or suspects their child is being bullied, the parents should contact the principal or assistant principal and request that it be fully investigated.
If the parents are not satisfied with the school administrator’s course of action, parents may submit a written complaint to the District Superintendent’s office for further review.
If parents are still not satisfied with the district’s course of action, parents may contact the State Department of Education’s Ombudsmen’s office.[6]

RESOURCES:

South Carolina Department of Education
StopBullying.gov
PACER’s National Bullying Prevention Center
Protection and Advocacy for People with Disabilities, Inc.
Bullying and Substance Abuse

[1] S.C. Code Section 59-63-120, available at http://www.scstatehouse.gov/code/t59c063.php

[2] S.C. Code Section 59-63-120(a-b), available at http://www.scstatehouse.gov/code/t59c063.php

[3] S.C. Code Section 59-63-120(2), available at available at http://www.scstatehouse.gov/code/t59c063.php

[4] S.C. Code Section 59-63-140, available at available at http://www.scstatehouse.gov/code/t59c063.php

[5] S.C. Code Section 59-63-130(B), available at available at http://www.scstatehouse.gov/code/t59c063.php

[6] South Carolina Department of Education https://ed.sc.gov/districts-schools/school-safety/bullying

Child Abuse and Neglect

Child abuse or neglect occurs when the parent, guardian, or other person responsible for the child’s welfare:

Inflicts or allows to be inflicted upon the child physical or mental injury or engages in acts or omissions which present a substantial risk of physical or mental injury to the child, including injuries sustained as a result of excessive corporal punishment, but excluding corporal punishment or physical discipline which:
- a) Is administered by a parent or person in loco parentis;
- b) Is perpetrated for the sole purpose of restraining or correcting the child;
- c) Is reasonable in manner and moderate in degree;
- d) Has not brought about permanent or lasting damage to the child; and
- e) Is not reckless or grossly negligent behavior by the parents.
Commits or allows to be committed against the child a sexual offense as defined by the laws of this State or engages in acts or omissions that present a substantial risk that a sexual offense as defined in the laws of this State would be committed against the child.
Abandons the child
Encourages, condones, or approves the commission of delinquent acts by the child and the commission of the acts are shown to be the result of the encouragement, or approval
Fails to supply the child with:
- a) Adequate food, clothing, shelter, or supervision appropriate to the child’s age and development.
- b) Education as required by law. A child’s absences from school may not be considered abuse or neglect unless the school has made efforts to bring about the child’s attendance, and those efforts were unsuccessful because of the parents’ refusal to cooperate.
- c) Health care; though financially able to do so or offered financial or other reasonable means to do so and the failure to do so has caused or presents a substantial risk of causing physical or mental injury. For the purpose of this chapter "adequate health care" includes any medical or nonmedical remedial health care permitted or authorized under state law.
- d) Has committed abuse or neglect as described in in previous paragraphs, such that a child who subsequently becomes part of the person’s household is at substantial risk of one of those forms of abuse or neglect.

*** It is important to note that "abuse and neglect" is not limited to physical abuse, but includes all of the following maltreatment:

Neglect (which includes)
1. Physical
2. Educational
3. Medical
Physical Abuse
Sexual Abuse
Emotional Abuse

Source: Children's Trust of S.C.

Who is required to report child abuse and neglect?

Certain person are required to report suspected abuse and neglect and include, but is not limited to: physicians, dentists, medical examiners, other medical and emergency providers, mental health professionals, clergy, school teachers, counselors, principals, social workers, judges, child care/daycare workers, foster parents, non-attorney volunteer Guardian ad Litems (for full list see S.C. Code Section 63-7-310).

How to Report Abuse and Neglect

If you suspect that a child has been abused or neglected, contact your local (county) Department of Social Services (DSS) office. County office contact information can be found here.

Reporting Out-of-Home Abuse and Neglect

If you suspect a child has been abused or neglected outside of the home (i.e, in a foster home, daycare facility, etc.,) contact the State's Out of Home Abuse and Neglect (OHAN) Office.
Business Hours: 8:30 a.m. - 5 p.m. M-F, (803) 898-7669
After Hours Contact: Toll-free 1-800-645-9789

Resources:

DSS Child Protective Services
Childrens Trust of S.C.: Recognizing Child Abuse and Neglect

Related Resource Page: Homeless Students

Child Immigration Law

Over the years, comprehensive immigration reform efforts have stalled. Many people question why people here without permission from the US government just can’t go and get a visa. The answer is that it is not that easy. Immigration law is very complex and to receive a visa, people have to fit into one of the categories included in immigration law. Millions of people do not fit into any category, this includes children. So the question becomes are there any immigration options for children here without legal status. There are a few.

A simple explanation of some examples of legal options children and youth without status might be eligible for include people facing persecution due to race and religion among other things at the hands of their government, may come as refugees or apply for asylum once here and later apply for permanent residence. The number of people who can receive refugee/asylee status is limited.

Some crime victims can also receive visas, but the rules are strict and relatively few visas are available.

Temporary Protected Status (TPS) allows people to remain temporarily in the U.S. if their country has experienced a devastating natural disaster, civil war or other unstable circumstances. The U.S. government keeps a list of which countries this applies to.

Special Immigrant Juvenile Status (SIJS) is for certain youth who have been abused, neglected or abandoned by at least one parent. There are very strict rules that apply and a Family Court order from a judge stating very specific facts must accompany the immigration application.

Sometimes people can be sponsored by a family member who is a US citizen or green card holder (permanent resident). However, there are many rules related to this and only certain relatives can sponsor someone.

Deferred Action for Childhood Arrivals (DACA) is for certain youth who were brought to the US as children and have grown up here. There are stringent criteria and dates that people must meet that show their education level and when they arrived in the US and how long they have been living here.

People should explore the United States Citizenship and Immigration Services (USCIS) website at http://www.uscis.gov/ or https://my.uscis.gov/exploremyoptions. The site offers various guides on the ways people might be able to attain legal status and provides detailed information on the options listed above.

If you are looking for an immigration attorney and are low income consider one of these non-profit agencies. Be aware that these agencies do not handle all kinds of immigration cases and may have to refer you to a private immigration attorney.

Catholic Charities
Greenville
(864) 242-2233, ext. 204

Catholic Charities
Hilton Head
(843) 785-2200

Catholic Charities
Mt. Pleasant
(843) 388-0089

To find an immigration attorney in S.C. that does not work at a non-profit agency go to the American Immigration Lawyer Association and click on “Find an Immigration Lawyer.”

Children with Disabilities

The South Carolina Department of Disabilities and Special Needs is the state agency that plans, develops, oversees and funds services for South Carolinians with severe, lifelong disabilities of intellectual disability, autism spectrum disorder, traumatic brain injury and spinal cord injury and conditions related to each of these four disabilities. Their mission is to assist people with disabilities and their families in meeting needs, pursuing possibilities and achieving life goals, and to minimize the occurrence and reduce the severity of disabilities through prevention. Reach SCDDSN by phone at (803) 898-9600 or toll free at 1-888-DSN-INFO (1-888-376-4636) or online at www.ddsn.sc.gov

SERVICES OFFERED BY SCDDSN

Protection and Advocacy for People with Disabilities, Inc. has been an independent, statewide, non-profit corporation that protects and advances the legal rights of people with disabilities since 1977. P&A investigates reports of abuse and neglect and advocates for disability rights in areas such as health care, education, employment and housing. P&A serves people of all ages and disabilities. P&A does not charge for its services. P&A has a number of reliable and helpful fact sheets on various special education and disability rights issues.

P&A’S FACT SHEETS

Daniels Law: Information for Safe Havens

2020 Daniels Law Flyer

Drivers Licenses

Driving is a privilege, not a right. It is an action that has serious consequences if abused. The first step is to obtain a proper license. With all licenses you will need to pass a knowledge and vision test. Here is the basic information required for a driver’s license.

Beginner's Permit: You can apply for a beginner’s permit when you turn 15. This permit allows you to drive a car with a licensed driver who is at least 21 years old and has at least one year’s driving experience. This licensed driver must sit in the passenger seat beside you. If you are driving between the hours of midnight and 6 a.m., the licensed driver must be your parent or guardian. To get your permit, you must have your parent’s signature on the application.

SC DMV BEGINNER'S PERMITS

Conditional license (for people who are at least 15 years old and less than 16): Obtain a beginner’s permit at age 15. After driving with this permit for 180 days (approximately six months), you can apply for a conditional license. You must submit a certificate of completion for a driver’s education course and a certificate of satisfactory school attendance. You must also have completed at least 40 hours of driving practice, including at least 10 hours of driving during darkness, while supervised by licensed parent or guardian.

The conditional license allows you to drive by yourself during daylight hours (you are not allowed to drive alone at night). After a year of driving with this license, you can get a regular driver’s license if you have no violations or at-fault accidents.

Special restricted license (for people who are 16 years old and less than 17): A 16 year-old must have a beginner’s permit for at least 180 days; submit a certificate of completion for a driver’s education course and a certificate of satisfactory school attendance; and complete at least 40 hours of driving practice with at least 10 hours of driving after dark. This restricted Driver’s License allows you to drive by yourself during daylight hours (you are not allowed to drive alone at night). You may obtain a time restriction waiver with the submission of two notarized statements allowing you to drive alone after dark. These waivers are granted for people who have school activities, jobs, or vocational training that requires them to be out after dark. The waiver only allows you to drive back and forth to the school event or job. After a year of driving with this license, you can get a regular driver’s license if you have no violations or at-fault accidents.

Regular Driver’s License: If you are at least 17 years old and have had a beginner’s permit for 180 days, you can get a regular license with no restrictions. If you are 17, your parents still have to sign the application with you.

INITIAL DRIVER'S LICENSE

Moped Beginners Permit
If you are 14 years old, you may apply for a license to operate a moped by taking the vision and knowledge test. If you are at least 15 years old and have a driver's license, you do not have to have a moped license to operate a moped.

MOPED LICENSE

Motorcycle Beginners Permits
You must be at least 15 years old to apply for this license. If you are under 18 you must bring your parent or legal guardian with you to sign the application. You may drive a motorcycle or motor scooter from 6 a.m. to 6 p.m. (or 8 p.m. during daylight savings time).

MOTORCYCLE LICENSE

ATV
All-terrain vehicles (ATV) are designed primarily for off-road travel on low-pressure tires, which have three or more wheels, and handle bars for steering. ATVs do not include lawn tractors, battery-powered children’s toys or a vehicle that is required to be licensed or titled for highway use.

South Carolina’s ATV Safety Act became effective on July 1, 2011. The legislation is referred to as “Chandler’s Law” and provides safety regulations and requirements for operating all-terrain vehicles (ATVs).

ATVs must have the following equipment in good working (operating) condition: an effective muffler; system; a USDA Forest Service approved spark arrester; and a brake system.

Age Restriction Warning Label: It is against the law to remove the Age Restriction Warning Label affixed to the ATV by the manufacturer.

Restrictions for Operating an ATV: It is against the law for anyone to operate an ATV 1) one-half hour after sunset to one-half hour before sunrise unless it is operated with headlights turned on, 2) while under the influence of alcohol or any controlled substance or 3) in a reckless manner.

Parents or Legal Guardians: It is against the law for parents or legal guardians to allow anyone less than 1) six years-of-age to operate an ATV, 2) sixteen years-of-age to carry a passenger and 3) sixteen years-of-age to operate an ATV in violation of the Age Restriction Warning Label affixed by the manufacturer of the ATV.

Sixteen-year-olds and younger: It is against the law for anyone sixteen years-of-age or younger to operate an ATV unless accompanied by an adult.

Fifteen-year-olds and younger: It is against the law for anyone fifteen-years-old or younger to
operate an ATV without successful completion of a “hands-on” ATV safety course approved by AVSI and without a safety helmet and eye protection.

ATV SAFETY COURSE

SC DMV ATV SAFETY

WARNING
If you get in trouble with the law and have to go to court the judge has the option of restricting the use of your driver’s license until you are 17 or 18, depending on the criminal offense.

Early Childhood Care

Daycares & Early Child Care Programs

The Department of Social Services Division of Early Care and Education is responsible for licensing, inspecting and regulating child care programs in South Carolina. Any person or organization that cares for children for more than four hours per day or for children from more than one family must be licensed or regulated.

Links and Resources
Department of Social Services Division of Early Care and Education
Department of Social Services Childcare Resources
Finding quality child care - ABC Quality
Financial assistance for child care - SC Child Care Resource & Referral Network
SC Program for Infant/Toddler Care
Child care for children of all abilities - SC Child Care Inclusion Collaborative
Child care for children who are or may be hard of hearing - Beginnings
SC Code addressing childcare facilities

Early Childhood Assistance Programs

SC Voucher makes payments to child care providers to care for children from low-income families so their parents can work. This Division can be reached at 1-800-476-0199.

Links and Resources:
Department of Health and Environmental Control WIC Program
U.S. Government State Benefits Page
Federal food assistance
SC summer food programs

Guardian Ad Litem

A guardian ad litem is a lawyer or non-lawyer appointed in court proceedings by the court to represent “the best interests” of the child or children involved in that case.

In the family court, guardians ad litem are appointed for children in contested custody and visitation cases, child name change cases, adoptions, DSS abuse and neglect cases, paternity actions, involuntary commitments, and termination of parental rights cases. In private proceedings involving minor children, either parent can request the use of a guardian ad litem or the court can appoint one on its own motion.

A guardian ad litem conducts an investigation into matters that might not be brought before the court by the attorneys representing the parties. The guardian ad litem is NOT the child's custodial guardian or their attorney. “ad Litem” is Latin for “the suit” or “for the purposes of the legal action only.”

There are private, paid guardians ad litem as well as volunteer, unpaid guardians ad litem. Private, paid guardians ad litem are paid by the parents per a court order. Volunteer, unpaid guardians ad litem volunteer in abuse and neglect cases through either the state Cass Elias McCarter Guardian ad Litem program or, in Richland County, through Richland County CASA.

Guardian ad Litem Resources & Links:
South Carolina Cass Elias McCarter Guardian ad Litem Program
Richland County, South Carolina CASA
National CASA
USC Children’s Law Center

Links to SC Statutes referring to guardians ad litem:
SC Statute §15-49-10 (Minor Child’s Name Change)
SC Statute §§44-24-20 - 44-24-30 (Commitment of Children)
SC Statute §§63-3-810 - 63-3-870 (Private Guardians ad Litem)
SC Statute §§63-7-310, 1620, 1700, 1990, 2550-2560, 2580 (Child Protection and Permanency)
SC Statute §§63-11-500 – 63-11-570 (Volunteer Guardians ad Litem)
SC Statute §63-9-720 (Adoption Proceedings)
SC Statute §44-41-32 (Abortion)
SC Statute §63-17-10 (Paternity)

Homeless Students

The McKinney-Vento Act, a federal law, gives students who don’t have permanent housing help in enrolling and attending school. The law states schools must ensure that all students, including homeless ones, have the same chance to receive a free and appropriate public education. Schools cannot discriminate against homeless youth nor tell other students they do not have permanent places to live.

Under the federal law, a homeless youth is any youth who is the age to attend public school and who does not have a fixed, regular, or satisfactory place to live. It does not matter whether the child is living with a parent or not. The youth does not have to be living in a shelter and could even be staying at a friend’s house or in a hotel room. Any child without a permanent place to live is considered homeless under the McKinney-Vento Act.

Every school district in South Carolina must have someone to advise homeless students about their options, assist with enrollment and help obtain school records. Sometimes this person is called a “Homeless Liaison” or “McKinney Liaison.” The school office will know how to reach this staff person. Any youth without a permanent home should reach out to the liaison. The liaison can help the student with several things.

Students without permanent places to live have the right to:

Enroll in school without a parent or guardian.
Enroll in school without delay.
Enroll in school even if s/he lacks a birth certificate, school records and immunization documents. A liaison can help obtain these records later.
Stay in the same school even if the student now lives in a different school district. In some situations, students may also be provided transportation back to their original school. The school district(s) must work together to figure out the transportation options. Liaisons can also help families and students on this issue.
Receive free breakfasts and lunches at school.

To help enforce all these rights the student will need to work with the homeless liaison. This places the school on notice that the youth does not have a permanent place to live and that the notice is required under the law.

If the school says a youth is not homeless and refuses to meet any of the rights the student has, then the student’s parent or the school homeless liaison can appeal the decision to the school district office, the school board or even court if necessary. In the meantime, youth have the right to stay in the school they were in before they ended up without a permanent place to live.

MCKINNEY-VENTO LAW AND GUIDANCE - SC DEPARTMENT OF EDUCATION

K-12 Education

In South Carolina, children between the ages of 5 and 17 must attend school. See SC Statute §59-65-10 (2012). Below are some helpful resources and links for parents and students.

Attendance and Enrollment:
Enrollment and Attendance Fact Sheet - SC Appleseed Legal Justice Center
What SC Law Says About School Attendance - SC Appleseed Legal Justice Center
Public School Enrollment Affidavit Form

Children with Disabilities:
Special Education Rights - LawHelp.org
Fact Sheets - Protection & Advocacy for People with Disabilities SC
Helping Your Child During a Special Education IEP Meeting (Spanish version also available)
Wrightslaw

School Discipline:
Expulsion - LawHelp.org
When a School Intends to Suspend or Expel Your Child - SC Appleseed Legal Justice Center (Spanish version also available)
What SC Law Says About Expulsion - SC Appleseed Legal Justice Center
School Climate and Discipline - U.S. Department of Education
Dignity in Schools
Advancement Project

School Fees:
School Fees Fact Sheet - SC Appleseed Legal Justice Center (Spanish version also available)

Charter Schools & Virtual Schools:
SC Public Charter School District
Virtual SC

Policymakers and Other Organizations:
SC Department of Education
SC Education Oversight Committee
SC State Board of Education

Kinship Care in South Carolina

Overview

Kinship care refers to a temporary or permanent informal or formal arrangements in which a relative (such as a grandparent, aunt or uncle) or non-related adult (also known as fictive kin) who has assumed the full time care of a child whose parents are unable to do so. These kinship caregivers often times already have a close relationship or bond with the child they are caring for. Research shows that kinship care can help children maintain familial and community bonds, increase placement stability and maintain a sense of identity, culture and belonging during times of crisis. Kinship care can also help reduce trauma associated with separation and keep siblings together.

There are four main types of kinship care:

Formal Public
Informal Public
Formal Private
Informal Private

Private kinship care is an arrangement in which extended family members raise children without the involvement of child protective services. Private kinship care can be formal (where a caregiver has court or other legal documentation) or informal (where a caregiver does not).

Public kinship care describes situations in which families care for children involved with the child welfare system. Public formal kinship care describes the subset of child welfare-involved children who are placed with relatives through formal, court-involved child welfare proceedings. Public informal kinship care describes the subset of child-welfare involved children who are placed outside of court proceedings. One example of public informal kinship care placements would be non-court ordered safety placements.

Eligibility for Public Benefits

When taking on the care of another child into your home, you will be mostly responsible for food, clothing, shoes, household expenses and other supplies needed by the child.

You may be eligible for financial support for your care of this child. The Department of Social Services Economic Services staff can determine if you are eligible for Temporary Assistance for Needy Families (TANF) benefits. You must be able to prove a biological relationship to the child in order to qualify for certain benefits.

Depending on your income, you may qualify for Supplemental Nutrition Assistance Program (SNAP) benefits, formerly known as food stamps. The child may qualify for (or already get) Medicaid through the Department of Health and Human Services (DHHS).

A caseworker may assist with the application for any of the above. An application for benefits on behalf of the child can generate a referral to the Department of Social Services Child Support Enforcement.

Legal Options and Documentation

You can enroll a child in school if you have a court order giving you custody of that child or if you file a notarized education affidavit with the school.

To get a court order giving you custody of the child, you may petition the court for custody of a child, to terminate the parents’ rights and adopt the child, or for guardianship of the child, depending on the facts of your case. An attorney can advise you as to which of these is right for your case.

Resources and Further Information

An overview of kinship care through DSS in South Carolina
An overview of economic services (SNAP, TANF, etc.) through DSS
An overview of kinship care resources from Sisters of Charity Foundation
The SC Education Affidavit

Name changes for children

A parent who wishes to change his or her child's name must file a petition (a lawsuit) in family court. The parent must make the child's other parent a party to the lawsuit unless: (1) the other parent's parental rights have been terminated, (2) the other parent is deceased, or (3) the family court waives the inclusion of the other parent in the suit.

A guardian ad litem (GAL) will be appointed to represent the child, even if both parents agree to change the child's name. The family court will hold a hearing during which the GAL will report the findings of his or her investigation into the child's name change.

If the family court determines changing the child's name is in "the best interest of the child," the court will grant the petition. In determining whether the name change is in the best interest of the child, the family court may consider the following factors:

The length of time the child used his or her present surname;
The effect of the change on the preservation and development of the child's relationship with each parent;
The identification of the child as part of a family unit;
The wishes of each parent;
The reason the petitioning parent states for the proposed change;
The motive of the petitioning parent and the possibility the child's use of a different name will cause insecurity or a lack of identity;
The difficulty, harassment, or embarrassment the child may experience if the child bears a surname different than that of the custodial parent;
If the child is of age and maturity to express a meaningful preference, the child's preference; and
The degree of community respect associated with the present and proposed surnames.

The issue of a child’s name change in South Carolina can be a complex and may result in legal consequences. You should speak with an experienced South Carolina attorney regarding any child name change issues.

S.C. CODE ANN. § 15-49-10 (APPLICATION FOR CHANGE OF NAME)

Social Media

More and more children and youth are using computers, smart phones or other devices connected to the internet. Below are some helpful resources and links to help parents and guardians protect their children on social media sites.

Identifying Problems on Social Media

For parents:
Parents' Guide to Protecting Teens on Social Media - Safe Search Kids
Protecting Your Kids Online - National Center for Missing and Exploited Children
Keeping Children Safe Online - U.S.-CERT
Resources for Parents - FBI
5 Apps for Parents to Track Their Children’s Online Activity

For teens:
A Teen's Guide to Social Media Safety - Safe Search Kids
Internet Safety & Substance Abuse Guide for Teens - AZ Attorney General's Office

Truancy

Truancy is defined as when a child misses too many days of school that are not approved.

In South Carolina, children ages 5 to 17 must go to school. Children can go to public or private school, or can be homeschooled. A child should attend school Monday through Friday. Parents or guardians are responsible for their children’s attendance and can be fined or put in jail if their children are absent too often. Children who miss too many days of school may face criminal charges for truancy.

How many absences are allowed?

There are two types of absences from school: lawful and unlawful. Whether an absence is considered lawful or unlawful depends on why your child missed school. A child may typically have ten lawful absences from school each year.

Lawful absences include, but are not limited to:
seriously ill students whose attendance would be bad for their health or the health of other students;
when there is a death or serious illness of a student’s immediate family member;
missing school because of a religious holiday;
going to necessary doctor’s appointments; and
absences approved by the principal in advance for sports or band trips the student participates in.

A child is typically considered a truant if he has three unlawful absences in a row or five unlawful absences in one year.

Unlawful absences include, but are not limited to:
absences you don’t know about;
absences you know about but are not considered by the school as a good reason for missing school; and
skipping school. (You are responsible for your child's attendance even if he skips school without your knowledge.)

Ways to make sure your child's absence is considered lawful:
Contact your child’s school if your child must miss school;
Put the reason your child missed school in a note;
Send a doctor’s note, if you have one. You should also turn in the note in as soon as possible, or the note may not help the absence count as lawful. Keep a copy of the note for yourself. If you do not contact your child’s school about the absence, it will be an unlawful absence no matter what the reason.

What happens is your child is considered truant?

Once your child has had too many unlawful absences from school, the school must do certain things to help make sure your child goes to school.The school must meet with you and your child to find out why your child keeps missing school. The school will make their best efforts to meet with you and your child through home visits, written messages, and emails as necessary. The school must also work with you and your child to come up with a written intervention plan that tries to fix why your child is absent.

The Intervention Plan
The Intervention Plan will list steps to help prevent your child from having more unlawful absences. The intervention plan should:

Say who is in charge of the intervention team, which may include: parents or guardian; school officials; representatives from the Department of Social Services (DSS); and community mental health and substance abuse and prevention service providers;
List reasons for the unlawful absences;
Have actions you and your child must do to help stop the unlawful absences;
Refer you to service providers that can help with the problem;
Provide referrals to alternative school and community-based programs, if available and appropriate;
List actions intervention team members must take;
Say what team members have done to help;
State what will happen if the unlawful absences continue;
Say how to change the plan, if that is needed.

You and your child should be allowed to help create the intervention plan. Once the plan is created, you must sign the plan and agree to follow it. Ask questions if you do not understand the plan.

What happens if you fail to follow the intervention plan or your child continues to have unlawful absences from school?

Habitual Truancy:
If a child ages 12-16 refuses to follow the intervention plan and gets two or more additional unlawful absences, the school will find your child is a Habitual Truant. Once this happens, the school district may ask the Family Court to issue a School Attendance Order.

If a School Attendance Order is issued, your child will be required by the Family Court to attend school every day. If your child complies with the School Attendance Order by going to school and having no more unlawful absences, no further action will be taken.

Chronic Truancy:
If your child fails to follow the School Attendance Order and continues to have unlawful absences, the child will be considered a Chronic Truant. The child can be placed on probation or required to enter a Department of Juvenile Justice Institution. Also, you may be fined up to $50 or imprisoned for up to 30 days.

The school may also ask the Family Court to hold you or your child in contempt of court for failure to follow the School Attendance Order. The school must attempt to assist you and your child with following the School Attendance Order before asking the Family Court to hold you or your child in contempt.

What happens at a contempt of court hearing?
If your child is charged with contempt of court for violating a School Attendance Order, expect the following to happen:
An intake session with the DJJ community specialist at the local DJJ county office. The intake session helps determine the needs of your child. You will receive written notice of the date and time of the intake;
A hearing at the Family Court. You should receive written notice stating when you and your child are required to appear at the hearing. The notice should include the factual allegations that the court will consider. It will tell your child he has a right to be represented by an attorney and the right to have an attorney appointed if you are unable to afford to hire one.

Steps to take once an attorney is hired or appointed:

Talk to the attorney as soon as possible before the hearing;
Explain the reasons for your child’s absences;
Discuss the ways the school contacted you about your child’s absences, for example, letters, emails, and phone calls;
Describe how you were involved in creating the intervention plan and its details;
Disclose any service referrals you received under the plan;
Talk about any issues or problems the child may be facing at school or at home;
Explain why a court order is or is not necessary to get your child services;
Discuss additional actions the school took after the School Attendance Order and the date the School petitioned for Contempt of Court.

What will happen at a contempt of court hearing?
You, your child, your child’s attorney, the prosecutor, school officials, the DJJ community specialist, and the judge will all be at the hearing. Your child may plead guilty to being in willful violation of the School Attendance Order or your child may plead not guilty and have a trial, after which a judge will determine whether your child is guilty or innocent.

If your child pleads guilty or the judge determines your child is guilty after a trial, the judge will determine a punishment. The judge may look at your child's school records, special needs, disabilities, prior misbehavior, or other important facts when deciding the punishment. Possible punishments include:

Probation
Community Service
Driver's License Suspension or Restriction
House Arrest
Letters of Apology
Placement in an Alternative School
Incarceration at DJJ

Additional Consequences:
If your child enters a guilty plea or the judge determines your child is guilty after a trial, this may also affect:
College Applications and Scholarships
Military Service
Employment Opportunities
Public Housing

Is there a way to get your child's record cleared?

South Carolina allows some juvenile records to be destroyed by court order. This is called expungement. Expungement erases those records. Expungement may give your child a better chance when applying for college; joining the military; or obtaining a job, loans, or public housing.

Truancy records may be expunged. If your child was only adjudicated delinquent on truancy, by law, the court will grant the expungement. If you child has multiple status offenses, the court still may grant the expungement. Your child must be seventeen years old or older and have fully completed any sentence. Your child cannot have been convicted of any additional delinquent or criminal acts and no criminal charges can be pending.

If your child is found not guilty, the court must grant an expungement. You do not have to wait until the child is 17 to apply. No fee is charged for this expungement.

Contact the Solicitor’s Office for the Circuit where the case was handled to apply for an expungement. Your child will need to complete an application and pay the fees. There are three fees and each must be paid by a separate money order: $250 for the solicitor’s office, $25 for the SC Law Enforcement Division (SLED), and $35 for the Clerk of Court. Cash and personal checks are not accepted. If the expungement is granted, your child will receive a copy of the order in the mail.

What is Foster Care?

Foster care is a temporary arrangement in which adults care for children and youth who are not able to live with their biological parents. When birth parents are unable, unwilling, or unfit to care for a child, foster care provides a safe place for the child to be placed. Foster care is not the same as adoption, and the goal of the foster care system is usually to reunite the child with the birth family. Whereas foster care is temporary, adoption is permanent.

How Does a Child Enter the Foster Care System?

A child enters the foster care system through intervention by the Department of Social Services (DSS) or by law enforcement. Children normally come to the attention of DSS or law enforcement through a report of child abuse, neglect or abandonment. Upon investigation, if it is determined that a child’s home is unsafe, law enforcement can remove the child on an emergency basis (“Emergency Protective Custody” or “EPC”) or DSS can seek a court order for the removal of the child. If the child is removed by law enforcement through EPC, a family court hearing must be held and DSS must convince the judge that nothing could have been done to allow the child to remain safely in the home.

Sometimes children enter foster care on a non-emergency basis. In these cases, DSS provides the birth family with services while the child remains in the home. If this approach does not resolve concerns about the parent’s ability to care for the child, DSS can seek an order from the family court to place the child in foster care.

Some children enter foster care through the juvenile justice system.

What are the different types of foster care placements?

In general

Foster care placements should promote and expedite a child’s permanency plan, which is usually reunification with the birth parents. Children should be placed in the most stable, most family-like setting in close proximity to the birth family. With limited exceptions, children under the age of six should not be placed in group homes. A child should continue to attend the school where the child was enrolled before entering foster care if at all possible. Reasonable efforts should be made to keep siblings together. There can be no discrimination in placement due to a child or family’s race, color, national origin, religion, state of residence, age, disability, sex or sexual orientation.

Licensed foster care in private homes

The most common type of foster care is with private citizens (foster parents) who are licensed by the state to provide care for children in their homes. Foster parents must meet certain requirements set by the state to ensure that children will be safe and well-cared for. Foster parents come in all varieties – younger, older, single and married. Some foster parents have their own biological children living in the home, and others have no children or only adult children. Some foster multiple children at a time, and others only foster a single child.

Group Residential Homes

Group residential homes normally work with children whose specific needs are best addressed in a structured environment. Examples include adolescents who have been involved in the juvenile justice system, and children who have mental health or behavioral problems. Sometimes, however, a child is placed in a group residential home simply because there is not an available private foster home for the child or if placement in a group home is otherwise determined to be in the child’s best interests. Residential homes may be operated by public or private agencies and often provide specialized services, such as therapeutic services for children and families, and educational and medical services for children and youth.

Therapeutic Foster Care

Therapeutic foster care utilizes foster parents with specialized training to care for a wide variety of children and youth, usually those with specialized medical, emotional, behavioral or social needs. It is a clinical intervention, used when traditional foster care cannot accommodate a child’s physical or emotional health needs.

Kinship Care

Kinship care is the care of children by relatives or close family friends. It is different than traditional foster care, because the caregiver relatives do not normally need to be licensed for a child to be placed in their home. Federal law requires DSS to determine if a child can live safely with a relative before placing the child in the relative’s care. The birth parents should be permitted to suggest a relative or close friend who might be able to care for the child and, if DSS determines the home would be safe and appropriate, it should place the child in that home. Kinship caregivers do not receive a foster care board payment unless the caregiver is also a licensed foster parent, although the child will probably receive medical insurance through Medicaid.

What information will I get when my child enters foster care?

When a child is placed in foster care the birth parents will be notified of the nature and location of the placement, unless there are compelling reasons not to do so. Every child who enters foster care receives an individualized case plan that promotes the child’s safety and physical, social and emotional well-being. The child’s case plan should be focused on alleviating the need for foster care.

A child should be provided with age-appropriate information upon entry into foster care. This information may include the name and phone number of the child’s assigned DSS caseworker and the caseworker’s supervisor.

What information about my child should I give the foster parents?

If your child is placed in foster care, it is helpful for you to share important information with DSS and the foster family. This can include anything that will help your child adjust, such as information about:

Daily routines and special needs
School placement and progress
Required special care
Medical history
Upcoming appointments
Names of doctors
Allergies
Medications
Developmental or behavior problems
Names and contact information of the child’s close friends
Names of family and friends who may be able to help

It is also helpful to let your child take special belongings, such as favorite stuffed animals, clothing and photos.

Will I be able to visit my child while she is in foster care?

If appropriate given the circumstances of the case, a child’s individualized case plan will include a visitation plan intended to help the birth parents stay in touch with their child and help the child return home to a safe environment as soon as possible. The circumstances that brought the child into foster care will determine:

The location of visitation
The frequency and duration of visitation
Whether visitation is supervised or unsupervised

Special Considerations

American Indian Children

If a child facing foster care placement is a member of a federally recognized tribe (or eligible for membership) the DSS caseworker must notify the tribe as soon as possible - but at least 10 days prior to removal from the birth parent’s home. A representative of the tribe must be invited to attend all upcoming court proceedings.

Immigrant Children

A child’s immigration and citizenship status can have a big impact on the child’s permanency options and how a caseworker should approach the case. Factors that may require special consideration include the family’s legal status, cultural issues, language barriers, and the way in which the family interacts with governmental agencies and law enforcement. The DSS caseworker must take care to ensure that the safety and best interests of the child guide the agency’s approach to the case and the decision-making process.

Infants abandoned at Safe Haven

Safe Havens for abandoned infants include hospitals, police stations, fire stations, and worship centers during times when they are staffed. A person who leaves a newborn cannot be prosecuted for abandonment if he or she take the unharmed baby to staff of a Safe Haven. The child will be placed in a foster home, and DSS will immediately pursue family court action to free the child for adoption.

Who is a Child?

Who is a “child” in South Carolina?
Age restrictions that affect the definition of a “child” may vary from issue to issue. Here is a list of the common areas of the law that affect children.

General
South Carolina law states that a child is a person under the age of 18. However, when used in the context of delinquency and criminal acts, “child” refers to a person who is under 17 (under 16 for some serious crimes). Children involved in delinquency proceedings are often referred to as “juveniles.” A child is considered to be an adult when they reach the age of majority. “Age of majority” is the age, defined by law, at which a person gains all the rights and responsibilities that come with being an adult.

SECTION 63-1-40. DEFINITIONS

Juvenile justice
If you are accused of violating a criminal law and you are at least 17 years old (16 for certain serious crimes), you will be treated as an adult. In South Carolina, if you break the law while you are under the age of 17 (or under 16 for some serious crimes), you are treated as a juvenile. Juveniles who are charged with a criminal offense go to the family court. In family court, a juvenile has the right to have an attorney and the right to a hearing before a family court judge, but a juvenile does not have the right to a jury trial.

SECTION 63-19-20. DEFINITIONS

Emancipation
When a person reaches the age of majority, they are said to be “emancipated.” Generally, emancipation is that point in time when parents are no longer legally responsible for their children,and children are no longer legally required to answer to their parents. It is when parents no longer have to provide a person with food, clothing, medical care and education. The age of majority in SC is 18.

There are times when a person under the age of majority is treated as an adult and thus, emancipated. A child may be emancipated earlier when there is an agreement between the parent and child that the child is able to provide for herself/himself and therefore, may leave the home and take control of her/his own life. You may also be emancipated when you get married.

Contracts
In general, a child cannot enter into a contract or other legally binding agreement. However, if a child enters into a contract while they are under age 18, they can make it legally binding by agreeing to the contract in writing (called ratification) when they turn 18 years old. One exception is that ability to sign a contract to borrow money to attend an institution of higher education. A child can own and transfer title to property and may also have a bank account but most banks require that you be 15 years old to have an account by yourself.

SECTION 63-5-500. "SOUTH CAROLINA UNIFORM GIFTS TO MINORS ACT"

SECTION 63-5-310. RATIFICATION OF MINOR'S CONTRACTS

SECTION 63-5-320. MINOR'S CAPACITY TO BORROW FOR HIGHER EDUCATION

Alcohol
A person must be 21 years of age to purchase or possess beer, wine or alcoholic beverages. It is also against the law for a person under age 21 to present a false identification (fake I.D.) of his or her age in order to purchase beer or alcohol.

SECTION 61-4-50. SALES TO UNDERAGE PERSONS

Tobacco
It is a crime for anyone to sell or give tobacco or tobacco products to a person under the age of 21. It is also a noncriminal, civil offense for anyone under 21 to purchase or possess tobacco products. Anyone under 21 who violates this law may be fined; may be ordered to complete a smoking cessation class or community service; or may have his or her driving privileges delayed, suspended or restricted.

SECTION 16-17-500. SALE OR PURCHASE OF TOBACCO PRODUCTS...

Marriage
In order to get married, both parties must be at least 16 years old. In South Carolina, a couple must have a license to get married. The Probate Court or Clerk of Court, depending on the county in which you live, usually issues these licenses. In order to get a license, both the parties must be at least 16. If you are under 18, you must have the written consent of your parent or guardian. If the female is pregnant or has had a child and she and the father of her child are agreeing to marry with the written consent of her parent or guardian, then a marriage license will be issued regardless of the age of the male or female.

SECTION 20-1-100. MINIMUM AGE FOR VALID MARRIAGE

SECTION 20-1-300. ISSUANCE OF LICENSE TO UNMARRIED FEMALE AND MALE UNDER EIGHTEEN YEARS OF AGE WHEN FEMALE IS PREGNANT OR HAS BORNE A CHILD.

For more information, check out the following:
Kids Law
Kids Law Companion (A teaching Guide)

General Family Law

Domestic Violence

Grandparent Rights

LGBT Children or Parents

For ParentsParental Recognition & Protections

Divorce & Separation

Divorce

Legal Separation

Property Rights in Divorce

Child Custody

Child Support

Visitation rights after divorce or separation

Children

Adoption

Autism

Links for Information on Autism & Services Available

Definition and Eligibility Criteria for Autism Services through SCDDSN

Information Needed to Determine Eligibility

Types of Services and Support Available

Services Available Exclusively to People with Autism

Additional Individual and Family Supports and Services for Children and Adults

Day Services for Adults

Residential Services

Services and supports for people with autism may be funded through the Intellectual Disability/Related Disabilities (ID/RD) Waiver, the Medicaid State Plan, and/or the Individual and Family Support Funding.

Bullying Resources

Does the Safe School Climate Act only Apply in Schools?

Anti-Bullying Policies?

What should you or your parent(s) do if you become a victim of bullying?

RESOURCES:

Child Abuse and Neglect

Who is required to report child abuse and neglect?

How to Report Abuse and Neglect

Reporting Out-of-Home Abuse and Neglect

Resources:

Child Immigration Law

If you are looking for an immigration attorney and are low income consider one of these non-profit agencies. Be aware that these agencies do not handle all kinds of immigration cases and may have to refer you to a private immigration attorney.

Children with Disabilities

Daniels Law: Information for Safe Havens

Drivers Licenses

Early Childhood Care

Daycares & Early Child Care Programs

Early Childhood Assistance Programs

Guardian Ad Litem

Homeless Students

K-12 Education

Kinship Care in South Carolina

Overview

Eligibility for Public Benefits

Legal Options and Documentation

Resources and Further Information

Name changes for children

Social Media

Identifying Problems on Social Media

Truancy

How many absences are allowed?

What happens is your child is considered truant?

What happens if you fail to follow the intervention plan or your child continues to have unlawful absences from school?

Is there a way to get your child's record cleared?

What is Foster Care?

What is Foster Care?

How Does a Child Enter the Foster Care System?

What are the different types of foster care placements?

In general

Licensed foster care in private homes

Group Residential Homes

Therapeutic Foster Care

Kinship Care

What information will I get when my child enters foster care?

What information about my child should I give the foster parents?

Will I be able to visit my child while she is in foster care?

Special Considerations

American Indian Children

Immigrant Children

Infants abandoned at Safe Haven

Who is a Child?

For Parents
Parental Recognition & Protections