2020 South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Chapter 7 - Child Protection And Permanency
Section 63-7-740. Ex parte emergency protective custody.

Universal Citation: SC Code § 63-7-740 (2020)

(A) The family court may order ex parte that a child be taken into emergency protective custody without the consent of parents, guardians, or others exercising temporary or permanent control over the child if:

(1) the family court judge determines there is probable cause to believe that by reason of abuse or neglect there exists an imminent and substantial danger to the child's life, health, or physical safety; and

(2) parents, guardians, or others exercising temporary or permanent control over the child are unavailable or do not consent to the child's removal from their custody.

(B) If the court issues such an order, the department shall conduct a preliminary investigation and otherwise proceed as provided in this subarticle.

HISTORY: 2008 Act No. 361, Section 2.

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