Many South Carolina families desire to expand their family through adoption. In our State, adoption options include adopting an available child through South Carolina or another State鈥檚 foster care system, private domestic adoptions within and without the State, and international adoption. Below are some useful links to learn more about these options for building your family.
To learn more about South Carolina鈥檚 laws regarding adoption, you can review the South Carolina Adoption Act found at听. The Act outlines the procedures for adoptions in South Carolina and includes information regarding who may adopt, who must consent or relinquish rights, and the process for eligibility, among many other issues.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the 91黑料爆料 Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 799-7100.
Autism is defined as abnormal or impaired development in social interaction and communication, as well as markedly restricted, repetitive and stereotyped patterns of behavior, interests and activities manifested prior to three years of age. Problems which are experienced in these areas must fit a specific pattern of disturbance that is outlined in the Diagnostic and Statistical Manual of Mental Disorder (DSM-5).
The revision in the DSM-5 introduces two fundamental changes in the diagnosis of autism spectrum disorder.
Autism is defined as abnormal or impaired development in social interaction and communication, as well as markedly restricted, repetitive and stereotyped patterns of behavior, interests and activities manifested prior to three years of age. Problems which are experienced in these areas must fit a specific pattern of disturbance that is outlined in the听Diagnostic and Statistical Manual of Mental Disorders.听
Social information relevant to developmental history, a valid evaluation using state-of-the-art assessments and medical and psychological records that pertain to a possible diagnosis are needed.
DDSN contracts with local Disabilities and Special Needs (DSN) Boards and other providers to bring an array of services to your community. Services are provided based on the needs of the consumer, the appropriateness of the service to meet the need, and the availability of funding. Services may be limited by the availability of a service provider in your community.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the 91黑料爆料 Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.
Bullying is addressed through the 鈥淪afe School Climate Act鈥� in South Carolina, which became effective on June 12, 2006, and serves to keep schools safe for all students.[1]
Defined:听The Safe School Climate Act defines bullying as follows:
No. The Safe School Climate Act further defines where such acts are prohibited. Defined in Subsection (2), 鈥淸s]chool鈥� means in a classroom, on school premises, on a school bus or other school-related vehi91黑料爆料, at an official school bus stop, at a school-sponsored activity or event whether or not it is held on school premises, or at another program or function where the school is responsible for the child.[3]
The Act requires that school districts develop a policy against bullying, to include possible consequences as well as procedures for reporting acts of bullying.听[4]听The Act requires that school employees or volunteers who have reliable information about bullying must report the incident to an appropriate school official.听[5]
[1]听S.C. Code Section 59-63-120, available at听
[2]听S.C. Code Section 59-63-120(a-b), available at听
[3]听S.C. Code Section 59-63-120(2), available at available at听
[4]听S.C. Code Section 59-63-140, available at available at听
[5]听S.C. Code Section 59-63-130(B), available at available at听
Child abuse or neglect occurs when the parent, guardian, or other person responsible for the child鈥檚 welfare:
*** It is important to note that "abuse and neglect" is not limited to physical abuse, but includes all of the following maltreatment:
厂辞耻谤肠别:听
Certain person are required to report suspected abuse and neglect and include, but is not limited to: physicians, dentists, medical examiners, other medical and emergency providers, mental health professionals, 91黑料爆料rgy, school teachers, counselors, principals, social workers, judges, child care/daycare workers, foster parents, non-attorney volunteer Guardian ad Litems (for full list see听).
If you suspect that a child has been abused or neglected, contact your local (county) Department of Social Services (DSS) office. County office contact information can be听听
If you suspect a child has been abused or neglected outside of the home (i.e, in a foster home, daycare facility, etc.,) contact the State's听.
Business Hours:听8:30 a.m. - 5听p.m. M-F,听(803) 898-7669
After Hours Contact: Toll-free 1-800-645-9789
Related Resource Page: Homeless Students
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the 91黑料爆料 Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.
Over the years, comprehensive immigration reform efforts have stalled. Many people question why people here without permission from the US government just can鈥檛 go and get a visa. The answer is that it is not that easy. Immigration law is very complex and to receive a visa, people have to fit into one of the categories included in immigration law. Millions of people do not fit into any category, this includes children. So the question becomes are there any immigration options for children here without legal status. There are a few.
A simple explanation of some examples of legal options children and youth without status might be eligible for include people facing persecution due to race and religion听among other things at the hands of their government, may come as refugees or apply for asylum once here听and later apply for permanent residence. The number of people who can receive refugee/asylee status is limited.
Some crime victims can also receive visas, but the rules are strict and relatively few visas are available.
Temporary Protected Status (TPS) allows people to remain temporarily in the U.S. if their country has experienced a devastating natural disaster, civil war or other unstable circumstances. The U.S. government keeps a list of which countries this applies to.
Special Immigrant Juvenile Status (SIJS) is for certain youth who have been abused, neglected or abandoned by at least one parent. There are very strict rules that apply and a Family Court order from a judge stating very specific facts must accompany the immigration application.
Sometimes people can be sponsored by a family member who is a US citizen or green card holder (permanent resident). However, there are many rules related to this and only certain relatives can sponsor someone.
Deferred Action for Childhood Arrivals (DACA) is for certain youth who were brought to the US as children and have grown up here. There are stringent criteria and dates that people must meet that show their education level and when they arrived in the US and how long they have been living here.
People should explore the United States Citizenship and Immigration Services (USCIS) website at听or听. The site offers various guides on the ways people might be able to attain legal status and provides detailed information on the options listed above.
Catholic Charities
Greenville
(864) 242-2233, ext. 204
Catholic Charities
Hilton Head
(843) 785-2200
Catholic Charities
Mt. Pleasant
(843) 388-0089
To find an immigration attorney in S.C. that does not work at a non-profit agency go to the听听and click on 鈥淔ind an Immigration Lawyer.鈥�
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the 91黑料爆料 Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.
The听听is the state agency that plans, develops, oversees and funds services for South Carolinians with severe, lifelong disabilities of intellectual disability, autism spectrum disorder, traumatic brain injury and spinal cord injury and conditions related to each of these four disabilities. Their mission is to assist people with disabilities and their families in meeting needs, pursuing possibilities and achieving life goals, and to minimize the occurrence and reduce the severity of disabilities through prevention. Reach SCDDSN听by phone at (803) 898-9600 or toll free at 1-888-DSN-INFO (1-888-376-4636) or online at听
听has been an independent, statewide, non-profit corporation that protects and advances the legal rights of people with disabilities since 1977. P&A investigates reports of abuse and neglect and advocates for disability rights in areas such as health care, education, employment and housing. P&A serves people of all ages and disabilities. P&A does not charge for its services. P&A has a number of reliable and helpful fact sheets on various special education and disability rights issues.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the 91黑料爆料 Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 799-7100.
Driving is a privilege, not a right. It is an action that has serious consequences if abused. The first step is to obtain a proper license. With all licenses you will need to pass a knowledge and vision test. Here is the basic information required for a driver鈥檚 license.
Beginner's Permit:听You can apply for a beginner鈥檚 permit when you turn 15. This permit allows you to drive a car with a licensed driver who is at least 21 years old and has at least one year鈥檚 driving experience. This licensed driver must sit in the passenger seat beside you. If you are driving between the hours of midnight and 6听a.m., the licensed driver must be your parent or guardian. To get your permit, you must have your parent鈥檚 signature on the application.
Conditional license听(for people who are at least 15 years old and less than 16): Obtain a beginner鈥檚 permit at age 15. After driving with this permit for 180 days (approximately six months), you can apply for a conditional license. You must submit a certificate of completion for a driver鈥檚 education course and a certificate of satisfactory school attendance. You must also have completed at least 40 hours of driving practice, including at least 10 hours of driving during darkness, while supervised by licensed parent or guardian.
The conditional license allows you to drive by yourself during daylight hours (you are not allowed to drive alone at night). After a year of driving with this license, you can get a regular driver鈥檚 license if you have no violations or at-fault accidents.
Special restricted license听(for people who are 16 years old and less than 17): A 16 year-old must have a beginner鈥檚 permit for at least 180 days; submit a certificate of completion for a driver鈥檚 education course and a certificate of satisfactory school attendance; and complete at least 40 hours of driving practice with at least 10 hours of driving after dark. This restricted Driver鈥檚 License allows you to drive by yourself during daylight hours (you are not allowed to drive alone at night). You may obtain a time restriction waiver with the submission of two notarized statements allowing you to drive alone after dark. These waivers are granted for people who have school activities, jobs, or vocational training that requires them to be out after dark. The waiver only allows you to drive back and forth to the school event or job. After a year of driving with this license, you can get a regular driver鈥檚 license if you have no violations or at-fault accidents.
Regular Driver鈥檚 License:听If you are at least 17 years old and have had a beginner鈥檚 permit for 180 days, you can get a regular license with no restrictions. If you are 17, your parents still have to sign the application with you.
Moped Beginners Permit
If you are 14 years old, you may apply for a license to operate a moped by taking the vision and knowledge test. If you are at least 15 years old and have a driver's license, you do not have to have a moped license to operate a moped.
Motorcy91黑料爆料 Beginners Permits
You must be at least 15 years old to apply for this license. If you are under 18 you must bring your parent or legal guardian with you to sign the application. You may drive a motorcy91黑料爆料 or motor scooter from 6 a.m. to 6 p.m. (or 8 p.m. during daylight savings time).
ATV
All-terrain vehi91黑料爆料s (ATV) are designed primarily for off-road travel on low-pressure tires, which have three or more wheels, and handle bars for steering. ATVs do not include lawn tractors, battery-powered children鈥檚 toys or a vehi91黑料爆料 that is required to be licensed or titled for highway use.
South Carolina鈥檚 ATV Safety Act became effective on July 1, 2011. The legislation is referred to as 鈥淐handler鈥檚 Law鈥� and provides safety regulations and requirements for operating all-terrain vehi91黑料爆料s (ATVs).
ATVs must have the following equipment in good working (operating) condition: an effective muffler; system; a听USDA Forest Service approved spark arrester; and a brake system.
Age Restriction Warning Label:听It is against the law to remove the Age Restriction Warning Label affixed to the ATV by the manufacturer.
Restrictions for Operating an ATV:听It is against the law for anyone to operate an ATV 1)听one-half hour after sunset to one-half hour before sunrise unless it is operated with headlights turned on, 2)听while under the influence of alcohol or any controlled substance or 3) in a reckless manner.
Parents or Legal Guardians:听It is against the law for parents or legal guardians to allow anyone less than 1)听six years-of-age to operate an ATV, 2)听sixteen听years-of-age to carry a passenger and 3)听sixteen years-of-age to operate an ATV in violation of the Age Restriction Warning Label affixed by the manufacturer of the ATV.
Sixteen-year-olds听and younger:听It is against the law for anyone sixteen听years-of-age or younger to operate an ATV unless accompanied by an adult.
Fifteen-year-olds and younger:听It is against the law for anyone fifteen-years-old or younger to
operate an ATV without听successful听completion of听a 鈥渉ands-on鈥� ATV safety course approved by AVSI and without a听safety helmet and eye protection.
WARNING
If you get in trouble with the law and have to go to court the judge has the option of restricting the use of your driver鈥檚 license until you are 17 or 18, depending on the criminal offense.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the 91黑料爆料 Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.
The Department of Social Services Division of Early Care and Education is responsible for licensing, inspecting and regulating child care programs in South Carolina. Any person or organization that cares for children for more than four hours per day or for children from more than one family must be licensed or regulated.
Links and Resources
听makes payments to child care providers to care for children from low-income families so their parents can work.听This Division can be reached at 1-800-476-0199.
Links and Resources:
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the 91黑料爆料 Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. at (803) 799-7100.
A guardian ad litem is a lawyer or non-lawyer appointed in court proceedings by the court to represent 鈥渢he best interests鈥� of the child or children involved in that case.
In the family court, guardians ad litem are appointed for children in contested custody and visitation cases, child name change cases, adoptions, DSS abuse and neglect cases, paternity actions, involuntary commitments, and termination of parental rights cases. In private proceedings involving minor children, either parent can request the use of a guardian ad litem or the court can appoint one on its own motion.
A guardian ad litem conducts an investigation into matters that might not be brought before the court by the attorneys representing the parties. The guardian ad litem is NOT the child's custodial guardian or their attorney. 鈥渁d Litem鈥� is Latin for 鈥渢he suit鈥� or 鈥渇or the purposes of the legal action only.鈥�
There are private, paid guardians ad litem as well as volunteer, unpaid guardians ad litem. Private, paid guardians ad litem are paid by the parents per a court order. Volunteer, unpaid guardians ad litem volunteer in abuse and neglect cases through either the state Cass Elias McCarter Guardian ad Litem program or, in Richland County, through Richland County CASA.
Guardian ad Litem Resources & Links:
Links to SC Statutes referring to guardians ad litem:
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the 91黑料爆料 Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 799-7100.
The McKinney-Vento Act, a federal law, gives students who don鈥檛 have permanent housing help in enrolling and attending school. The law states schools must ensure that all students, including homeless ones, have the same chance to receive a free and appropriate public education. Schools cannot discriminate against homeless youth nor tell other students they do not have permanent places to live.
Under the federal law, a homeless youth is any youth who is the age to attend public school and who does not have a fixed, regular, or satisfactory place to live. It does not matter whether the child is living with a parent or not. The youth does not have to be living in a shelter and could even be staying at a friend鈥檚 house or in a hotel room. Any child without a permanent place to live is considered homeless under the McKinney-Vento Act.
Every school district in South Carolina must have someone to advise homeless students about their options, assist with enrollment and help obtain school records. Sometimes this person is called a 鈥淗omeless Liaison鈥� or 鈥淢cKinney Liaison.鈥� The school office will know how to reach this staff person. Any youth without a permanent home should reach out to the liaison. The liaison can help the student with several things.
Students without permanent places to live have the right to:
To help enforce all these rights the student will need to work with the homeless liaison. This places the school on notice that the youth does not have a permanent place to live and that the notice is required under the law.
If the school says a youth is not homeless and refuses to meet any of the rights the student has, then the student鈥檚 parent or the school homeless liaison can appeal the decision to the school district office, the school board or even court if necessary. In the meantime, youth have the right to stay in the school they were in before they ended up without a permanent place to live.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the 91黑料爆料 Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.
In South Carolina, children between the ages of 5 and 17 must attend school. See听. Below are some helpful resources and links for parents and students.
Attendance and Enrollment:
Children with Disabilities:
听
听
School Discipline:
听
School Fees:
听听
Charter Schools & Virtual Schools:
Policymakers and Other Organizations:
听
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the 91黑料爆料 Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 799-7100.
Kinship care refers to a temporary or permanent informal or formal arrangements in which a relative (such as a grandparent, aunt or un91黑料爆料) or non-related adult (also known as fictive kin) who has assumed the full time care of a child whose parents are unable to do so. These kinship caregivers often times already have a close relationship or bond with the child they are caring for. Research shows that kinship care can help children maintain familial and community bonds, increase placement stability and maintain a sense of identity, culture and belonging during times of crisis. Kinship care can also help reduce trauma associated with separation and keep siblings together.
There are four main types of kinship care:
Private kinship care is an arrangement in which extended family members raise children without the involvement of child protective services. Private kinship care can be formal (where a caregiver has court or other legal documentation) or informal (where a caregiver does not).
Public kinship care describes situations in which families care for children involved with the child welfare system. Public formal kinship care describes the subset of child welfare-involved children who are placed with relatives through formal, court-involved child welfare proceedings. Public informal kinship care describes the subset of child-welfare involved children who are placed outside of court proceedings. One example of public informal kinship care placements would be non-court ordered safety placements.
When taking on the care of another child into your home, you will be mostly responsible for food, clothing, shoes, household expenses and other supplies needed by the child.
You may be eligible for financial support for your care of this child. The Department of Social Services Economic Services staff can determine if you are eligible for Temporary Assistance for Needy Families (TANF) benefits. You must be able to prove a biological relationship to the child in order to qualify for certain benefits.
Depending on your income, you may qualify for Supplemental Nutrition Assistance Program (SNAP) benefits, formerly known as food stamps. The child may qualify for (or already get) Medicaid through the Department of Health and Human Services (DHHS).
A caseworker may assist with the application for any of the above. An application for benefits on behalf of the child can generate a referral to the Department of Social Services Child Support Enforcement.
You can enroll a child in school if you have a court order giving you custody of that child or if you file a notarized education affidavit with the school.听
To get a court order giving you custody of the child, you may petition the court for custody of a child, to terminate the parents鈥� rights and adopt the child, or for guardianship of the child, depending on the facts of your case. An attorney can advise you as to which of these is right for your case.
A parent who wishes to change his or her child's name must file a petition (a lawsuit) in family court. The parent must make the child's other parent a party to the lawsuit unless: (1) the other parent's parental rights have been terminated, (2) the other parent is deceased, or (3) the family court waives the inclusion of the other parent in the suit.
A guardian ad litem (GAL) will be appointed to represent the child, even if both parents agree to change the child's name. The family court will hold a hearing during which the GAL will report the findings of his or her investigation into the child's name change.
If the family court determines changing the child's name is in "the best interest of the child," the court will grant the petition. In determining whether the name change is in the best interest of the child, the family court may consider the following factors:
The issue of a child鈥檚 name change in South Carolina can be a complex and may result in legal consequences. You should speak with an experienced South Carolina attorney regarding any child name change issues.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the 91黑料爆料 Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 799-7100.
More and more children and youth are using computers, smart phones or other devices connected to the internet. Below are some helpful resources and links to help parents and guardians protect their children on social media sites.
For parents:
For teens:
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the 91黑料爆料 Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. (803) 799-7100.
Truancy is defined as when a child misses too many days of school that are not approved.
In South Carolina, children ages 5 to 17 must go to school. Children can go to public or private school, or can be homeschooled. A child should attend school Monday through Friday. Parents or guardians are responsible for their children鈥檚 attendance and can be fined or put in jail if their children are absent too often. Children who miss too many days of school may face criminal charges for truancy.
There are two types of absences from school: lawful and unlawful. Whether an absence is considered lawful or unlawful depends on why your child missed school. A child may typically have ten lawful absences from school each year.
Lawful absences include, but are not limited to:
seriously ill students whose attendance would be bad for their health or the health of other students;
when there is a death or serious illness of a student鈥檚 immediate family member;
missing school because of a religious holiday;
going to necessary doctor鈥檚 appointments; and
absences approved by the principal in advance for sports or band trips the student participates in.
A child is typically considered a truant if he has three unlawful absences in a row or five unlawful absences in one year.
Unlawful absences include, but are not limited to:
absences you don鈥檛 know about;
absences you know about but are not considered by the school as a good reason for missing school; and
skipping school. (You are responsible for your child's attendance even if he skips school without your knowledge.)
Ways to make sure your child's absence is considered lawful:
Contact your child鈥檚 school if your child must miss school;
Put the reason your child missed school in a note;
Send a doctor鈥檚 note, if you have one. You should also turn in the note in as soon as possible, or the note may not help the absence count as lawful. Keep a copy of the note for yourself. If you do not contact your child鈥檚 school about the absence, it will be an unlawful absence no matter what the reason.
Once your child has had too many unlawful absences from school, the school must do certain things to help make sure your child goes to school.The school must meet with you and your child to find out why your child keeps missing school. The school will make their best efforts to meet with you and your child through home visits, written messages, and emails as necessary. The school must also work with you and your child to come up with a written intervention plan that tries to fix why your child is absent.
The Intervention Plan
The Intervention Plan will list steps to help prevent your child from having more unlawful absences. The intervention plan should:
You and your child should be allowed to help create the intervention plan. Once the plan is created, you must sign the plan and agree to follow it. Ask questions if you do not understand the plan.
Habitual Truancy:
If a child ages 12-16 refuses to follow the intervention plan and gets two or more additional unlawful absences, the school will find your child is a Habitual Truant. Once this happens, the school district may ask the Family Court to issue a School Attendance Order.
If a School Attendance Order is issued, your child will be required by the Family Court to attend school every day. If your child complies with the School Attendance Order by going to school and having no more unlawful absences, no further action will be taken.
Chronic Truancy:
If your child fails to follow the School Attendance Order and continues to have unlawful absences, the child will be considered a Chronic Truant. The child can be placed on probation or required to enter a Department of Juvenile Justice Institution. Also, you may be fined up to $50 or imprisoned for up to 30 days.
The school may also ask the Family Court to hold you or your child in contempt of court for failure to follow the School Attendance Order. The school must attempt to assist you and your child with following the School Attendance Order before asking the Family Court to hold you or your child in contempt.
What happens at a contempt of court hearing?
If your child is charged with contempt of court for violating a School Attendance Order, expect the following to happen:
An intake session with the DJJ community specialist at the local DJJ county office. The intake session helps determine the needs of your child. You will receive written notice of the date and time of the intake;
A hearing at the Family Court. You should receive written notice stating when you and your child are required to appear at the hearing. The notice should include the factual allegations that the court will consider. It will tell your child he has a right to be represented by an attorney and the right to have an attorney appointed if you are unable to afford to hire one.
Steps to take once an attorney is hired or appointed:
What will happen at a contempt of court hearing?
You, your child, your child鈥檚 attorney, the prosecutor, school officials, the DJJ community specialist, and the judge will all be at the hearing. Your child may plead guilty to being in willful violation of the School Attendance Order or your child may plead not guilty and have a trial, after which a judge will determine whether your child is guilty or innocent.
If your child pleads guilty or the judge determines your child is guilty after a trial, the judge will determine a punishment. The judge may look at your child's school records, special needs, disabilities, prior misbehavior, or other important facts when deciding the punishment. Possible punishments include:
Additional Consequences:
If your child enters a guilty plea or the judge determines your child is guilty after a trial, this may also affect:
College Applications and Scholarships
Military Service
Employment Opportunities
Public Housing
South Carolina allows some juvenile records to be destroyed by court order. This is called expungement. Expungement erases those records. Expungement may give your child a better chance when applying for college; joining the military; or obtaining a job, loans, or public housing.
Truancy records may be expunged. If your child was only adjudicated delinquent on truancy, by law, the court will grant the expungement. If you child has multiple status offenses, the court still may grant the expungement. Your child must be seventeen years old or older and have fully completed any sentence. Your child cannot have been convicted of any additional delinquent or criminal acts and no criminal charges can be pending.
If your child is found not guilty, the court must grant an expungement. You do not have to wait until the child is 17 to apply. No fee is charged for this expungement.
Contact the Solicitor鈥檚 Office for the Circuit where the case was handled to apply for an expungement. Your child will need to complete an application and pay the fees. There are three fees and each must be paid by a separate money order: $250 for the solicitor鈥檚 office, $25 for the SC Law Enforcement Division (SLED), and $35 for the Clerk of Court. Cash and personal checks are not accepted. If the expungement is granted, your child will receive a copy of the order in the mail.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the 91黑料爆料 Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.
Foster care is a temporary arrangement in which adults care for children and youth who are not able to live with their biological parents. When birth parents are unable, unwilling, or unfit to care for a child, foster care provides a safe place for the child to be placed. Foster care is not the same as adoption, and the goal of the foster care system is usually to reunite the child with the birth family. Whereas foster care is temporary, adoption is permanent.
A child enters the foster care system through intervention by the Department of Social Services (DSS) or by law enforcement. Children normally come to the attention of DSS or law enforcement through a report of child abuse, neglect or abandonment.听 Upon investigation, if it is determined that a child鈥檚 home is unsafe, law enforcement can remove the child on an emergency basis (鈥淓mergency Protective Custody鈥� or 鈥淓PC鈥�) or DSS can seek a court order for the removal of the child. If the child is removed by law enforcement through EPC, a family court hearing must be held and DSS must convince the judge that nothing could have been done to allow the child to remain safely in the home.
Sometimes children enter foster care on a non-emergency basis. In these cases, DSS provides the birth family with services while the child remains in the home. If this approach does not resolve concerns about the parent鈥檚 ability to care for the child, DSS can seek an order from the family court to place the child in foster care.
Some children enter foster care through the juvenile justice system.
Foster care placements should promote and expedite a child鈥檚 permanency plan, which is usually reunification with the birth parents. Children should be placed in the most stable, most family-like setting in close proximity to the birth family. With limited exceptions, children under the age of six should not be placed in group homes. A child should continue to attend the school where the child was enrolled before entering foster care if at all possible. Reasonable efforts should be made to keep siblings together. 听There can be no discrimination in placement due to a child or family鈥檚 race, color, national origin, religion, state of residence, age, disability, sex or sexual orientation.
The most common type of foster care is with private citizens (foster parents) who are licensed by the state to provide care for children in their homes. Foster parents must meet certain requirements set by the state to ensure that children will be safe and well-cared for. Foster parents come in all varieties 鈥� younger, older, single and married. Some foster parents have their own biological children living in the home, and others have no children or only adult children. Some foster multiple children at a time, and others only foster a single child.
Group residential homes normally work with children whose specific needs are best addressed in a structured environment. Examples include adolescents who have been involved in the juvenile justice system, and children who have mental health or behavioral problems. Sometimes, however, a child is placed in a group residential home simply because there is not an available private foster home for the child or if placement in a group home is otherwise determined to be in the child鈥檚 best interests. Residential homes may be operated by public or private agencies and often provide specialized services, such as therapeutic services for children and families, and educational and medical services for children and youth.听
Therapeutic foster care utilizes foster parents with specialized training to care for a wide variety of children and youth, usually those with specialized medical, emotional, behavioral or social needs. It is a clinical intervention, used when traditional foster care cannot accommodate a child鈥檚 physical or emotional health needs.
Kinship care is the care of children by relatives or close family friends. It is different than traditional foster care, because the caregiver relatives do not normally need to be licensed for a child to be placed in their home. Federal law requires DSS to determine if a child can live safely with a relative before placing the child in the relative鈥檚 care. The birth parents should be permitted to suggest a relative or close friend who might be able to care for the child and, if DSS determines the home would be safe and appropriate, it should place the child in that home. Kinship caregivers do not receive a foster care board payment unless the caregiver is also a licensed foster parent, although the child will probably receive medical insurance through Medicaid.
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When a child is placed in foster care the birth parents will be notified of the nature and location of the placement, unless there are compelling reasons not to do so. Every child who enters foster care receives an individualized case plan that promotes the child鈥檚 safety and physical, social and emotional well-being. The child鈥檚 case plan should be focused on alleviating the need for foster care.
A child should be provided with age-appropriate information upon entry into foster care. This information may include the name and phone number of the child鈥檚 assigned DSS caseworker and the caseworker鈥檚 supervisor.
If your child is placed in foster care, it is helpful for you to share important information with DSS and the foster family. This can include anything that will help your child adjust, such as information about:
It is also helpful to let your child take special belongings, such as favorite stuffed animals, clothing and photos.
If appropriate given the circumstances of the case, a child鈥檚 individualized case plan will include a visitation plan intended to help the birth parents stay in touch with their child and help the child return home to a safe environment as soon as possible. The circumstances that brought the child into foster care will determine:
If a child facing foster care placement is a member of a federally recognized tribe (or eligible for membership) the DSS caseworker must notify the tribe as soon as possible - but at least 10 days prior to removal from the birth parent鈥檚 home. A representative of the tribe must be invited to attend all upcoming court proceedings.
A child鈥檚 immigration and citizenship status can have a big impact on the child鈥檚 permanency options and how a caseworker should approach the case. Factors that may require special consideration include the family鈥檚 legal status, cultural issues, language barriers, and the way in which the family interacts with governmental agencies and law enforcement. The DSS caseworker must take care to ensure that the safety and best interests of the child guide the agency鈥檚 approach to the case and the decision-making process.
Safe Havens for abandoned infants include hospitals, police stations, fire stations, and worship centers during times when they are staffed. A person who leaves a newborn cannot be prosecuted for abandonment if he or she take the unharmed baby to staff of a Safe Haven. The child will be placed in a foster home, and DSS will immediately pursue family court action to free the child for adoption.
Who is a 鈥渃hild鈥� in South Carolina?
Age restrictions that affect the definition of a 鈥渃hild鈥� may vary from issue to issue. Here is a list of the common areas of the law that affect children.
General
South Carolina law states that a child is a person under the age of 18. However, when used in the context of delinquency and criminal acts, 鈥渃hild鈥� refers to a person who is under 17 (under 16 for some serious crimes). Children involved in delinquency proceedings are often referred to as 鈥渏uveniles.鈥� A child is considered to be an adult when they reach the age of majority. 鈥淎ge of majority鈥� is the age, defined by law, at which a person gains all the rights and responsibilities that come with being an adult.
Juvenile justice
If you are accused of violating a criminal law and you are at least 17 years old (16 for certain serious crimes), you will be treated as an adult. In South Carolina, if you break the law while you are under the age of 17 (or under 16 for some serious crimes), you are treated as a juvenile. Juveniles who are charged with a criminal offense go to the family court. In family court, a juvenile has the right to have an attorney and the right to a hearing before a family court judge, but a juvenile does not have the right to a jury trial.
Emancipation
When a person reaches the age of majority, they are said to be 鈥渆mancipated.鈥� Generally, emancipation is that point in time when parents are no longer legally responsible for their children,and children are no longer legally required to answer to their parents. It is when parents no longer have to provide a person with food, clothing, medical care and education. The age of majority in SC is 18.
There are times when a person under the age of majority is treated as an adult and thus, emancipated. A child may be emancipated earlier when there is an agreement between the parent and child that the child is able to provide for herself/himself and therefore, may leave the home and take control of her/his own life. You may also be emancipated when you get married.
Contracts
In general, a child cannot enter into a contract or other legally binding agreement. However, if a child enters into a contract while they are under age 18, they can make it legally binding by agreeing to the contract in writing (called ratification) when they turn 18 years old. One exception is that ability to sign a contract to borrow money to attend an institution of higher education. A child can own and transfer title to property and may also have a bank account but most banks require that you be 15 years old to have an account by yourself.
Alcohol
A person must be 21 years of age to purchase or possess beer, wine or alcoholic beverages. It is also against the law for a person under age 21 to present a false identification (fake I.D.) of his or her age in order to purchase beer or alcohol.
Tobacco
It is a crime for anyone to sell or give tobacco or tobacco products to a person under the age of 21. It is also a noncriminal, civil offense for anyone under 21 to purchase or possess tobacco products. Anyone under 21 who violates this law may be fined; may be ordered to complete a smoking cessation class or community service; or may have his or her driving privileges delayed, suspended or restricted.
Marriage
In order to get married, both parties must be at least 16 years old. In South Carolina, a couple must have a license to get married. The Probate Court or Clerk of Court, depending on the county in which you live, usually issues these licenses. In order to get a license, both the parties must be at least 16. If you are under 18, you must have the written consent of your parent or guardian. If the female is pregnant or has had a child and she and the father of her child are agreeing to marry with the written consent of her parent or guardian, then a marriage license will be issued regardless of the age of the male or female.
For more information, check out the following:
Kids Law Companion (A teaching Guide)
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the 91黑料爆料 Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the 91黑料爆料 Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. at (803) 799-7100.