South Carolina Code of Regulations
Chapter 114 - DEPARTMENT OF SOCIAL SERVICES
Article 1 - FAIR HEARINGS
Section 114-150 - Adoptions
Universal Citation: SC Code Regs 114-150
Current through Register Vol. 48, No. 3, March 22, 2024
A. Application to Become Adoptive Parent - Right to Appeal
(1) A person is entitled to
appeal the Department's decision to deny or terminate its approval of that
person to become an adoptive parent.
(2) A person is not entitled to appeal the
Department's decision to deny its consent or refuse approval of the applicant
for adoption of a specific child, except as provided in 114-150(B).
(cross-reference S.C. Code Ann. Section 20-7-1690(D).
B. Nonresident Applicants
A nonresident of this State who believes the Department, in violation of S.C. Code Section 20-7-1670(B), has delayed or denied placement of a child for adoption has the right to a hearing regarding such delay or denial.
C. Adoption Subsidies
(1) Adoptive parents may request a
hearing if:
(a) the Department denies a
request for adoption subsidies;
(b)
the Department fails to notify or advise adoptive parents of the availability
of adoption subsidies for a child with special needs;
(c) he or she believes the Department
erroneously determines that a child is ineligible for adoption
subsidies.
(2) In lieu
of a hearing, the parties may agree upon the material facts and a proposed
resolution. If the parties reach such an agreement, the hearing committee shall
review the proposed agreement for conformity with existing law and determine
the amount and the effective date of the subsidy.
D. Appeal Process
(1) The request for hearing must be made in
writing to the OAH within thirty (30) days of receipt of notification of the
Department's decision to deny such an application or to terminate the
approval.
(2) The OAH shall
schedule a hearing to be held no sooner than thirty (30) days and no later than
ninety (90) days after receipt of the request for hearing, unless continued
pursuant to section
114-130(G)(4)(d).
The hearing shall be conducted by a three-member committee consisting of a
hearing officer and two members appointed by the State Director or his or her
designee.
(3) Decision
The final decision shall be issued within thirty (30) days of the date of the conclusion of the hearing through certified mail to the adoptive parent and to the respondent.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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