Children - South Carolina Bar

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.

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 799-7100.

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)