2016 South Carolina Code of Laws
Title 63 - South Carolina Children's Code
CHAPTER 11 - CHILDREN'S SERVICES AGENCIES
Section 63-11-1140. Functions.

The functions of the System include, but are not limited to, the following:

(1) receive case referrals from any source;

(2) review each case referred and continue in the System only the cases in which individual public agency and interagency efforts to resolve the case have been exhausted;

(3) conduct meetings with public agency representatives designated by the System as relevant to the case for the purpose of obtaining the unanimous consent of the designated agencies in the development of a plan for each child and designating the responsibilities of each agency pursuant to that plan. Each agency requested by the System shall send a representative to the meetings and shall provide information and assistance as may be required by the System. Parties that have prior experience with the child or who logically are presumed to have service delivery responsibility for the child shall participate;

(4) convene a committee composed of public agency heads designated by the System as relevant to the case when unanimous consent is not obtained as required in item (3) for the purpose of obtaining the unanimous consent of the designated agencies in determining the child's service needs and designating the responsibilities of each agency as they relate to the child's service needs. Each agency must be represented by the agency head or by a member of the agency staff having the power to make final decisions on behalf of the agency head;

(5) when unanimous consent is not obtained as required in item (4), a panel must be convened composed of the following persons:

(a) one public agency board member and one agency head appointed by the Governor. Recommendations for appointments may be submitted by the Human Services Coordinating Council. No member may be appointed who represents any agency involved in the resolution of the case;

(b) one legislator appointed by the Governor; and

(c) two members appointed by the Governor, drawn from a list of qualified individuals not employed by a child-serving public agency, established in advance by the system, who have knowledge of public services for children in South Carolina.

The chairman must be appointed by the Governor from members appointed as provided in subitem (c) of this item. A decision is made by a majority of the panel members present and voting, but in no case may a decision be rendered by less than three members. The panel shall review a case at the earliest possible date after sufficient staff review and evaluation pursuant to items (3) and (4) and shall make a decision by the next scheduled panel meeting. When private services are necessary, financial responsibility must be apportioned among the appropriate public agencies based on the reasons for the private services. Agencies designated by the panel shall carry out the decisions of the panel, but the decisions may not substantially affect the funds appropriated for the designated agency to such a degree that the intent of the General Assembly is changed. Substantial impact of the decisions must be defined by regulations promulgated by the Department of Administration. When the panel identifies similar cases that illustrate a break in the delivery of service to children, either because of restrictions by law or substantial lack of funding, the panel shall report the situation to the General Assembly and subsequently may not accept any similar cases for decision until the General Assembly takes appropriate action, however, the system may continue to perform the functions provided in items (3) and (4).

Each member of the panel is entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions. The respective agency is responsible for the compensation of the members appointed in subitems (a) and (b) of this item, and the system is responsible for the compensation of the members appointed in subitem (c) of this item;

(6) monitor the implementation of case findings and panel recommendations to assure compliance with the decisions made by the System for each child;

(7) recommend improvements for the purpose of enhancing the effective operation of the System and the delivery of service to children by public agencies;

(8) submit an annual report on the activities of the system to the Governor, Director of the Department of Administration, the General Assembly, and agencies designated by the system as relevant to the cases; and

(9) compile and transmit additional reports on the activities of the system and recommendations for service delivery improvements, as necessary, to the Governor and the Joint Citizens and Legislative Committee on Children.

HISTORY: 2008 Act No. 361, Section 2; 2014 Act No. 121 (S.22), Pt V, Section 7.LL.2, eff July 1, 2015.

Effect of Amendment

2014 Act No. 121, Section 7.LL.2, In the first undesignated paragraph following subsection (5)(c), substituted "Department of Administration" for "State Budget and Control Board"; in subsection (8), added "Director of the Department of Administration,"; in subsection (9), inserted "Citizens and"; and made other nonsubstantive changes.