2022 South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Chapter 7 - Child Protection And Permanency
Section 63-7-1740. Review of qualified residential treatment program placement.

Universal Citation: SC Code § 63-7-1740 (2022)

(A) The court shall review the status of a child placed in a qualified residential treatment program as prescribed in this section.

(B) Within sixty days of the start of each placement in a qualified residential treatment program, the court independently, shall:

(1) consider the assessment, determination, and documentation of the qualified individual conducting the assessment pursuant to Section 63-7-1730;

(2) determine whether the needs of the child can be met through placement in a foster family home or, if not, whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short- and long-term goals for the child, as specified in the permanency plan for the child; and

(3) approve or disapprove the placement in a written court order.

(C) The written documentation required pursuant to Section 63-7-1730(E) and the court's approval or disapproval of the placement in a qualified residential treatment program must be included in the case plan for the child and must be incorporated in the court order.

(D) As long as a child remains in a qualified residential treatment program, the department shall submit evidence at any subsequent hearing:

(1) demonstrating that ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster family home;

(2) that the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment;

(3) that the placement is consistent with the short- and long-term goals for the child, as specified in the permanency plan for the child;

(4) documenting the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and

(5) documenting the efforts made by the department to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, or in a foster family home.

(E) The evidence required pursuant to subsection (D) must be included in the case plan for the child. The order of the court must address the evidence and must state whether the court approves or disapproves the placement in a qualified residential treatment program.

HISTORY: 2021 Act No. 24 (H.3567), Section 4, eff April 26, 2021.

Subarticle 13

Central Registry of Child Abuse and Neglect

DERIVATION TABLE

Showing the sections in former Chapter 7, Title 20 from which the sections in this subarticle were derived.

New

Section Former

Section 63-7-1910 20-7-680(A) 63-7-1920 20-7-680(B),(D) 63-7-1930 20-7-650(N),(O) 63-7-1940 20-7-650(L),(M) 63-7-1950 20-7-650(Q) 63-7-1960 20-7-680(E) 63-7-1970 20-7-680(F) 63-7-1980 20-7-680(G),(H) 63-7-1990 20-7-690 63-7-2000 20-7-695 63-7-2010 20-7-680(C)

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