S.C. Code Regs. § 114-140

Current through Register Vol. 48, No. 3, March 22, 2024

Section 114-140 - Foster Care

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.

S.C. Code Regs. 114-140

Added by State Register Volume 24, Issue No. 7, eff July 28, 2000.