2024 South Carolina Code of Laws
Title 43 - Social Services
Chapter 35 - Adult Protection
Editor's Note
The preamble to 1993 Act No. 110, eff three month after June 11, 1993, provides as follows:
"Whereas, the General Assembly finds it necessary:
"(1) to provide a system of adult protection in South Carolina;.
"(2) to clarify the roles and responsibilities of agencies involved in the system;.
"(3) to provide a mechanism for problem resolution and interagency coordination;.
"(4) to address continuing needs of vulnerable adults;.
"(5) to uniformly define abuse, neglect, and exploitation for vulnerable adults in all settings;.
"(6) to clarify reporting procedures for allegations of abuse, neglect, and exploitation;.
"(7) to provide procedures for emergency protective custody;.
"(8) to define the role of the court in the adult protection system;.
"(9) to provide civil and criminal penalties for abuse, neglect, and exploitation;.
"(10) to provide services in the least restrictive setting possible.
"Now, therefore,"
- Section 43-35-5. Short title.
- Section 43-35-10. Definitions.
- Section 43-35-13. Nonmedical remedial treatment by spiritual means is not abuse or neglect of vulnerable adult.
- Section 43-35-15. Vulnerable Adults Investigations Unit; Long Term Care Ombudsman Program; Adult Protective Services Program; responsibilities; referral of reports.
- Section 43-35-20. Additional powers of investigative entities.
- Section 43-35-25. Persons required to report abuse, neglect, or exploitation of adult; reporting methods.
- Section 43-35-30. Photographing of visible trauma on abused adult.
- Section 43-35-35. Reporting deaths where abuse or neglect suspected.
- Section 43-35-40. Responsibilities when a report is received; initiation of investigation; reports to local law enforcement or Vulnerable Adults Investigations Unit.
- Section 43-35-45. Warrant from family court to permit investigation of report; order for protective services; appointment of guardian and attorney; evaluation; hearing; review; semiannual reevaluation; payment for services.
- Section 43-35-50. Abrogation of privilege for certain communications.
- Section 43-35-55. Protective custody by law enforcement officer; procedure; notification of protective services program; subsequent proceedings.
- Section 43-35-60. Sharing of report information by investigative entities; public confidentiality.
- Section 43-35-65. Notices to be displayed at facilities.
- Section 43-35-70. Reports to occupational licensing boards.
- Section 43-35-75. Immunity of person making report or participating in investigation in good faith.
- Section 43-35-80. Action by Attorney General against person or facility for failure to exercise reasonable care; fine.
- Section 43-35-85. Penalties.
- Section 43-35-87. Financial exploitation; financial institution authority to decline transaction requests.
- Section 43-35-90. Article not to affect authority of agencies.
- Section 43-35-200. Vulnerable Adult Guardian ad Litem Program.
- Section 43-35-210. Definitions.
- Section 43-35-220. Duties and responsibilities of guardian ad litem; assessments.
- Section 43-35-230. Appointment of guardian ad litem; continuing legal education.
- Section 43-35-240. Appointment of guardian ad litem for abuse, neglect, or exploitation proceedings; criminal background checks.
- Section 43-35-250. Charge of guardian ad litem; petition for removal.
- Section 43-35-260. Access to information.
- Section 43-35-270. Confidentiality of reports and information.
- Section 43-35-280. Civil liability.
- Section 43-35-290. Funding.
- Section 43-35-310. Council created; membership; filling vacancies.
- Section 43-35-320. Responsibilities of council.
- Section 43-35-330. Duties of council.
- Section 43-35-340. Officers; terms of office; quorum.
- Section 43-35-350. Meetings.
- Section 43-35-500. Definitions.
- Section 43-35-510. Policy of State regarding health and safety of vulnerable adults.
- Section 43-35-520. Investigations of deaths in facilities operated by the Department of Mental Health or the Department of Disabilities and Special Needs; death by natural causes in a veterans' nursing home.
- Section 43-35-530. Conduct of investigations.
- Section 43-35-540. Access to medical information.
- Section 43-35-550. Subpoena of medical information.
- Section 43-35-560. Vulnerable Adults Fatalities Review Committee; members; terms; meetings; administrative support.
- Section 43-35-570. Purpose of Vulnerable Adult Fatalities Review Committee.
- Section 43-35-580. Meetings discussing individual cases closed; disclosure of information identifying vulnerable adult or family member.
- Section 43-35-590. Confidential and public information.
- Section 43-35-595. Promulgation of regulations.