2022 South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Chapter 7 - Child Protection And Permanency
Section 63-7-2750. Court-ordered extension of foster care; annual review of child's status; guardian ad litem.

(A) A child who is in the legal custody of the department on the child's eighteenth birthday and who, due to a physical, intellectual, emotional, or psychiatric impairment, cannot execute a voluntary placement agreement in accordance with Section 63-7-2730 (B), may remain in foster care beyond the child's eighteenth birthday and until the department has coordinated appropriate services for a successful transition to adulthood.

(B) Before the child's eighteenth birthday, at a hearing held pursuant to Section 63-7-700, 63-7-1660, 63-7-1680, or 63-7-1700, the court must determine that it is in the child's best interests to remain under the placement and care responsibility of the department beyond the child's eighteenth birthday due to a physical, intellectual, emotional, or psychiatric impairment and until the department has coordinated appropriate services for a successful transition to adulthood. The court shall continue to review the child's status annually pursuant to Section 63-7-1700.

(C) The child's guardian ad litem shall continue to serve as outlined in Section 63-11-510. If the child's guardian ad litem cannot continue to serve, the court shall appoint a guardian ad litem to represent the child as outlined in Section 63-11-510.

(D) The jurisdiction of the court continues until the court determines the department has coordinated appropriate transitional services, but in no case may the court's jurisdiction pursuant to this article exceed the child's twenty-first birthday.

HISTORY: 2022 Act No. 143 (H.3509), Section 1, eff April 25, 2022 and upon contingency.

Editor's Note

2022 Act No. 143, Section 3, provides as follows:

"SECTION 3. This act takes effect upon approval by the Governor and is contingent upon funding in the general appropriations bill."