S.C. Code Regs. § § 114-4370

Current through Register Vol. 48, No. 10, October 25, 2024

Section 114-4370 - Certification of Adoption Investigators and Persons Obtaining Consents or Relinquishments

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.

S.C. Code Regs. § 114-4370

Amended by State Register Volume 16, Issue No. 6, eff June 26, 1992.