S.C. Code Regs. § 114-150

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

Section 114-150 - Adoptions

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.

S.C. Code Regs. 114-150

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