S.C. Code Regs. § § 114-4980

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

Section 114-4980 - Procedures and Practices of Child Placing Agencies

A. Foster Home Licensing/Relicensing

(1) Child placing agency foster homes shall be licensed/relicensed in accordance with R. 114-550 C(1).

(2) Foster Home Licensing procedure is as follows:

(a) The child placing agency shall utilize the regulations established by the Department to conduct the foster home investigations;

(b) The child placing agency shall record the licensing study in their foster home records and make results available to the applicant(s);

(c) The child placing agency shall notify the applicant(s) in writing if the license is denied or revoked;

(d) The Department may issue a license based on the foster home study and retains the sole authority for issuing, denying and revoking that license.

(3) Foster Home Relicensing procedure is as follows:

(a) The child placing agency shall conduct annual relicensing studies on all licensed foster homes to determine continued compliance with the regulations;

(b) The Department may issue, deny or revoke a license based on the relicensing study.

(4) Monitoring Foster Homes. The child placing agency shall monitor all of its licensed foster homes for compliance with the foster home regulations established by the Department.

(5) Complaints in Licensed Foster Homes. When receiving a complaint which may indicate possible violations of the foster home regulations, the child placing agency shall:

(a) Conduct an investigation to assess compliance with applicable licensing rules;

(b) Send a written report to the foster home stating findings, conclusions, and any anticipated action affecting the license;

(c) Notify the Department of the complaint with pertinent information and the identity of both the complainant and the foster home;

(d) Notify the Department of its recommendation as to revocation or continuation of the license;

(e) The Department will investigate complaint(s) according to established policy and procedure.

(6) With regard to child protective services, the child placing agency shall report any suspected cases of abuse or neglect to the local Department of Social Services, as required by law.

(7) Amendments to a Foster Home License. The child placing agency shall utilize the regulations established by the Department whenever there is an amendment to the foster home license.

(8) Recommendations to Revoke a License. The child placing agency shall maintain on file an assessment that includes the specific regulation(s) violated and the act of violation to support their recommendation for revocation.

(9) Selection of Home

(a) The child placing agency shall select the most appropriate home for a child consistent with the family assessment, the child's needs, and the terms of the license;

(b) If the child is placed, must be placed with a licensed provider;

(c) The child placing agency shall not place children in licensed foster homes which are in use by another agency without written permission of that agency.

B. Intake Procedures and Practices

(1) At the time of a referral or application, the child placing agency shall assess the needs and strengths of the child and/or the adoptive family.

(2) A comprehensive written intake study shall be completed, and this intake study shall contain sufficient information to substantiate the formation of a case plan.

(3) The child placing agency shall provide referral assistance to persons requesting services not provided by the agency.

C. Case Plan

(1) The child placing agency shall develop a written case plan upon completion of the intake study and prior to placement. The assessment and case plan shall be completed within sixty (60) days of placement. The plan shall include, but not be limited to, specific initial case goals for the clients, a clear designation of responsibilities for those goals, and appropriate time frames for the completion of those responsibilities and achievement of those goals.

(2) The child placing agency shall include the parent(s), other significant persons, and the child (twelve years or older) in the development of placement and care plans. The parent(s) and child must sign the placement and case plan. The child does not have to sign if she/he is unable to do so because of physical and/or mental impairments.

(3) The child placing agency, prior to accepting a child for placement, shall secure from the parent(s), guardian(s), or agency holding custody, written authority to place the child adoptively.

(4) The child placing agency, prior to accepting a child for adoptive placement, shall secure from the parent(s), guardian(s), or agency holding custody, written authority to provide routine medical care and to sign educational plans.

(5) The child placing agency shall help the parent(s) or legal guardian to understand the legal rights and obligations that they retain and those delegated to the child placing agency, and shall document this in writing.

(6) The child placing agency shall have a signed agreement with the parent(s) or legal guardian(s) of the child in care which includes, but is not limited to, the expectations and responsibilities of the child placing agency and the parent(s) or legal guardian(s) for carrying out the steps to meet the case plan goals, in the financial arrangements for the child in care, and visitation plans.

D. Supervision and Review of the Case Plan

(1) The child placing agency shall complete a review of the case plan at least every six (6) months indicating progress toward goal achievement and changes made in the service plan.

(2) The child placing agency shall include in the review an assessment of the child in care, the progress of the growth and development of the child, the relationships between the child and caregivers, and any problems which have occurred.

(3) The parent(s) and the child shall participate in these reviews.

E. Adoptive Services

(1) The child placing agency shall provide information to prospective adoptive parent(s) about the adoption process, the agency's policies and practices, legal procedures, adoptive record content, types of children available, the fees, structure and the availability of subsidy.

(2) Adoptive Home Application

(a) The child placing agency shall provide an application form or prospective adoptive parent(s);

(b) The child placing agency in response to an application for adoption and acceptable screening interview shall conduct an adoptive study to assess the applicant(s) appropriateness to be an adoptive parent(s).

(3) Adoptive Study

(a) The child placing agency should include in any home study at least two (2) face to face interviews. These interviews may be in the form of one (1) office visit if possible and one (1) home visit or two (2) home visits. Separate face to face interviews with each member of the household must be conducted. The study process shall be a joint effort of the child placing agency and the applicant(s).

(b) The child placing agency shall also study the following areas and shall record the information in the adoptive applicant(s) record:

(1) Motivation for adoption;

(2) Strengths and weaknesses of each member of the household;

(3) The attitudes and feelings of the family, extended family, and significant others involved with the family toward accepting adoptive children, and parenting children who are not born to them;

(4) Attitudes of the applicant(s) toward the birth parent(s) and the reason(s) the child is in need of adoption;

(5) The applicant's plan for discussing adoption with the child;

(6) Record of arrests and criminal convictions and checks with the Central Registry for Child Abuse and Neglect.

(7) Adjustment of birth children, foster children or previously adopted children, including school reports, if applicable;

(8) A report of a physical examination for members of the adoptive family living in the household within six (6) months of the study which verifies that each person suffers no communicable disease, specific illness, or disabilities which would interfere with the family's ability to parent a child;

(9) Ability to provide financially for the child or children to be adopted with or without agency financial assistance through adoption subsidy;

(10) Personal and community character references;

(11) Religious orientation, if any;

(12) Location and physical environment of the home;

(13) Plan for child care if parent(s) work; and

(14) Recommendations for adoption in regard to number, age, sex, characteristics, and special needs of children best served by the family.

(4) Notification Regarding Application

(a) The child placing agency shall notify applicant(s) in writing within thirty (30) days of completion of the adoption investigation of the acceptance or denial of their application;

(b) When applicant(s) are not accepted, the child placing agency shall inform them of the reasons why the application is denied.

(5) Service to Adoptive Parent(s)

(a) The child placing agency shall prepare the adoptive family or the placement of a particular child. Preparation shall include:

(1) Information about the needs, characteristics, expectations of the child, the child's biological family and foster family, excluding identifying information on the child's biological family;

(2) Review of medical histories of the child and of the child's biological family; and

(3) Visits with the child prior to placement, where age appropriate to the child.

(b) The caseworker shall be in contact with the adoptive family at least monthly after the placement of a child prior to final decree. Information obtained from the contact shall be used in making recommendations for the finalization of the adoption.

F. Services to Families

(1) The child placing agency shall make appropriate agency services available to parent(s). When custody of the child is held by another agency, these services may only be made available upon that agency's approval.

(2) The child placing agency shall make every reasonable effort to help the parent(s) to assume or to prepare them to resume their parental roles and responsibilities.

(3) The child placing agency shall help the family gain access to the services necessary to preserve and strengthen the family and to accomplish the case plan goals. While the child is in care, the child placing agency shall assist parent(s) or legal guardian(s) with the problems and needs that led to the necessity for placement.

(4) The child placing agency shall encourage contacts between parent(s) or legal guardian(s) and children after placement, in accordance with the case plan.

(5) The child placing agency shall have a signed agreement with the parent(s) or legal guardian(s) of the child in care which includes, but is not limited to, the expectations and responsibilities of the child placing agency and the parent(s) or legal guardian(s) for carrying out the steps to meet the case plan goals, the financial arrangements for the child in care, and visitation plans.

G. Services to Unmarried Parents

(1) Upon request, the child placing agency shall make counseling services available to unmarried parents considering adoptive placement both prior to and after the birth of the child.

(2) After the birth of the child, counseling services shall continue for a reasonable period of time to assist the unmarried parent(s) to accept their decision to release the child for adoption or to keep the child.

H. Selection of Care

(1) The child placing agency shall select the most appropriate form of substitute care for the child consistent with the child's and family's needs. In choosing such care, the child placing agency shall arrange for any specialized services the child may need and shall make every placement effort to select the most appropriate setting for the child and within as close proximity to the family as possible.

(2) The child placing agency shall select substitute care that has the capacity to assist in the achievement of the steps and goals in the child's case plan.

I. Aftercare Service

(1) The child placing agency shall make supportive services available for children and families for at least six (6) months following an adoption or a child's return to his/her family in order to strengthen and support new or renewed family functioning.

(2) The child placing agency shall offer referral services to parent(s) who decide not to place their child.

S.C. Code Regs. § 114-4980

Amended by State Register Volume 32, Issue No. 2, eff February 22, 2008.