South Carolina Code of Regulations
Chapter 114 - DEPARTMENT OF SOCIAL SERVICES
Article 43 - ADOPTION SERVICES
Section 114-4370 - Certification of Adoption Investigators and Persons Obtaining Consents or Relinquishments
Universal Citation: SC Code Regs 114-4370
Current through Register Vol. 48, No. 9, September 27, 2024
A. Definitions
(1) Person -an individual, self
employed or employed by an agency, corporation or professional
association.
(2) Department -the
South Carolina Department of Social Services.
(3) Child placing agency or agency -the State
Department of Social Services and any person or entity as defined in Section
20-7-1650(e).
(4) Consent -the
informed and voluntary release in writing of all parental rights with respect
to a child by a parent for the purpose of adoption, or the informed and
voluntary release in writing of all custodial or guardianship rights, or both,
with respect to a child by the child placing agency or person facilitating the
placement of the child for adoption where the child's parent previously has
executed a relinquishment to that agency or person.
(5) Relinquishment -the informed and
voluntary release in writing of all parental rights with respect to a child by
a parent to a child placing agency or to a person who facilitates the placement
of a child for the purpose of adoption and to whom the parent has given the
right to consent to the adoption of the child.
(6) Investigation and reports -Pursuant to
section 20-7-1740, before the final hearing for adoption of a child,
investigations and reports must be completed in accordance with the following:
(a) Before the placement of any child by any
agency or by any person with a prospective adoptive parent, a preplacement
investigation, a background investigation and reports of these investigations
must be completed;
(b) A
postplacement investigation and report of this investigation must be completed
after the filing of the adoption petition.
(7) Court -any Family Court in this
state.
B. Certification Requirements
(1) Persons certified to
complete preplacement and postplacement investigations, and reports of these
investigations must meet the following requirements:
(a) Hold a Bachelor's, Master's, or Doctoral
degree from an accredited college or university;
(b) Have two years experience conducting
adoptive homestudies or investigations or similar family/child oriented reports
for a court, school, or social/health agencies; or be currently employed by the
Department of Social Services or a licensed child placing agency or by a
professional association and be supervised by a person within that agency or
association who is a certified adoption investigator;
(c) Be of good reputation in the community as
attested to by professional and personal references which may be verified by
the Department.
(2)
Persons certified to obtain Consents and Relinquishments must meet the
following requirements:
(a) Hold a Bachelor's,
Master's, or Doctoral degree from an accredited college or
university;
(b) Have two years
experience counseling with parents about relinquishing their rights and placing
their children for adoption; or be currently employed by the Department of
Social Services or a licensed child placing agency or by a professional
association and be supervised by a person within that agency or association who
is certified to accept relinquishments and consents for the purpose of
adoption;
(c) Be of good reputation
in the community as attested to by professional and personal references which
may be verified by the Department.
(3) Adoption related continuing education, as
accepted by the Department, is required for Sections (1) and (2) above.
(a) At the time of application for
certification, the individual will document that twenty five hours of adoption
related continuing education was completed within three years of
application.
(b) Documentation of
continuing professional development of a minimum of ten hours of adoption
related training per year is required for recertification.
C. Process for Certification
(1) Individuals will forward completed
applications including a S.L.E.D. criminal records check, a C.P.S. Central
Registry check and required fees to the Division of Adoption and Birth Parent
Services.
(2) Incomplete
applications will not be accepted.
(3) Additional information that would clarify
an item may be requested in writing, by telephone, or in a personal interview
and must be returned within 10 working days of the request.
(4) When a determination has been made that
the applicant meets the requirements for certification, a certificate will be
issued, and the applicant's name and fees will be placed in the directory of
certified persons.
(5) All
applications and supporting documentation shall be considered public
information.
D. Expiration and Renewal of Certificate
(1)
Certificates issued under these regulations will expire one year from the date
of issuance.
(2) Application for
recertification must be received thirty days prior to the expiration date of
the current certificate.
(3) Upon
determination that the applicant continues to meet the requirements, a new
certificate will be issued.
E. Fees for Certification/Recertification
(1) The following initial fees are to be paid
to the South Carolina Department of Social Services and are not refundable:
(a) The fee for certification as an adoption
investigator is $15.00;
(b) The fee
for certification as a person obtaining consents or relinquishments is
$15.00;
(c) The fee for
certification in both categories simultaneously is $20.00;
(2) The fee for recertification is
$15.00.
F. Denial or Revocation of a Certificate
(1) Complaints
about the performance or conduct of a Certified Investigator may be addressed
to the Division of Adoption and Birth Parent Services, South Carolina
Department of Social Services, P.O. Box 1520 Columbia, South Carolina
29202-1520.
(2) The Department has
the authority to thoroughly investigate any complaints about the performance or
conduct of a Certified Investigator.
(3) The decision to deny or revoke a
Certificate is made by the Department. The Certificate is the property of the
Department and must be returned within ten (10) working days after revocation.
Any of the following actions by a Certified Investigator or person to obtain
Consents or Relinquishments may be grounds for denial or revocation of a
Certificate:
(a) An act or omission violating
the South Carolina Child Protection Act, or any other act or omission in
violation of Section (H) Code of Ethics, or any other act or omission which
would threaten the health, safety or well-being of clients;
(b) A violation of the provisions of the
South Carolina Adoption Act or its regulations;
(c) Fraudulent information given during the
application or recertification process;
(d) Material misrepresentation to clients
during the course of business;
(e)
Conviction of, forfeiture of bond, a plea of nolo contendere, or a guilty plea
to a felony or any other crime involving moral turpitude. However, the
Department, in its discretion, may except this ground if the individual submits
written documentation regarding the type of rehabilitation program they have
undergone and the effects of the rehabilitation efforts on their
behavior/lives. An evaluation by the involved counselor or therapist must be
submitted to the Department.
G. Appeal of Denial of Application or Revocation of Certificate
(1) If an individual
is denied a new or renewal certificate or if a certificate is revoked, the
individual will be sent a certified letter containing the following
information:
(a) The Department's
decision;
(b) The basis of that
decision;
(c) The right to appeal
the decision;
(d) The procedure for
such an appeal.
(2) The
Investigator will have thirty (30) days to appeal the decision in accordance
with Department Fair Hearing Regulations, South Carolina Regulation Regulation
114-35.1.
H. Code of Ethics
(1) Any act that is in violation of the
spirit and purpose as well as the letter of the Code of Ethics shall be
unethical practice.
(2) The
Certified Investigator should maintain high standards of conduct in the
capacity of Certified Investigator.
(3) Whenever conflict between the interests
of the child, who is the primary subject of adoption, and adults is involved,
the best interests of the child shall govern decisions.
(4) It is the responsibility of the certified
person to protect the rights of vulnerable birth parents who are making
decisions regarding their children regardless of the source of payment for
services rendered. This principle must be clearly stated and understood in
arrangements for payment for services rendered.
(5) When setting fees, certified persons
should ensure they are fair, reasonable, and commensurate with the service
performed and with due regard for the clients' ability to pay.
(6) Certified persons will perform duties and
tasks in the time specified and never delay the adoption of a child without
good cause.
(7) Reports presented
to the court will be complete and truthful.
(8) Information in reports will be available
upon request to the subject of the report.
(9) All completed reports will be submitted
to the court regardless of the recommendations.
(10) All recommendations will be discussed
with the applicant in advance of presentation to the court.
(11) Before accepting a consent or
relinquishment the certified person will ascertain the mental and physical
condition of the birth parent and not accept their signature if their condition
does not warrant.
(12) The
certified person must fully advise the birth parent of rights and
responsibilities before accepting signatures and will not accept signatures
unless fully satisfied that the consequences are fully understood by the birth
parent.
(13) Consultation from
other professionals must be sought when the certified person is unsure of a
course of action in any particular instance.
(14) The certified person must maintain the
confidentiality of the adoption process and protect the privacy of all
parties.
(15) The certified person
must not discriminate on the basis of race, religion, gender, or handicap in
professional relationships with clients or colleagues.
(16) Persons employed by sectarian sponsored
organizations may limit their practice to persons eligible for service from
that organization.
I. Severability
If any provision of these Regulations or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of these Rules and Regulations which can be given effect without the invalid provision of application, and to this end the provisions of these Rules and Regulations are severable.
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