South Carolina Code of Regulations
Chapter 114 - DEPARTMENT OF SOCIAL SERVICES
Article 1 - FAIR HEARINGS
Section 114-140 - Foster Care
Universal Citation: SC Code Regs 114-140
Current through Register Vol. 48, No. 9, September 27, 2024
A. Right to Appeal
(1) A foster parent has the right to appeal:
(a) the denial or revocation of his or her
foster home license;
(b) the denial
of an application for the renewal of a foster home license; and
(c) the removal of a foster child from the
foster home, except as provided herein.
(2) A foster parent shall not have the right
to appeal:
(a) the removal of a foster child
from his or her home if a court has authorized the removal or if the court has
approved a placement or permanency plan which provides for such
removal;
(b) the removal of a
foster child from his or her home if the denial or revocation of the foster
home license has been finally decided by the Department and the last day for
requesting an appeal of the Department's decision has passed;
(c) when the foster parents have requested
the removal.
B. Removal of Foster Children
(1) Foster children who have resided in the
foster home for 120 days or longer shall remain in the home during the hearing
process, except under the following circumstances:
(a) the Department finds good cause to
believe that the health or safety of the child is threatened by the child's
continued presence in the foster home;
(b) the foster parent(s) failed to supply all
the necessary information that they are required to file to complete the
adoption home study within ninety (90) days after receipt of written
notification that adoption is the plan for the child.
(2) When the Department intends to remove a
foster child, the Department shall provide the foster parent(s) written notice
ten (10) days in advance of the removal of the child. In all cases when the
Department intends to remove a foster child, the Department shall give written
notice to foster parent(s); however, the 10-day advance notice period shall not
apply to those cases where the Department determines there are emergency
circumstances warranting immediate removal of the child or to cases of removal
pursuant to Section 114-140(A)(2).
C. Appeal Process
(1) Appeals authorized by this section shall
not be conducted by the Administrative Law Division but by the Department as
set forth in these regulations.
(2)
A request for hearing shall be made pursuant to section
114-130(B),
except such request must be in writing.
(3) The caseworker will forward the request
to the OAH within two (2) working days of Receipt thereof.
(4) A conference shall be held within
fourteen (14) days of receipt of the request for a hearing; however, the foster
parent may waive his or her right to the conference and proceed directly with
the hearing. This conference shall be attended by the foster parent and his or
her representative and the county director or designee. The caseworker and the
caseworker's supervisor may also attend this conference.
(5) 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 a 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.
(6) 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 foster 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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