South Carolina Code of Regulations Chapter 24 - OFFICE OF THE GOVERNOR- DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN
Overview
Chapter 24 establishes the framework for the Division for Review of the Foster Care of Children, a division within the Office of the Governor. Its primary function is to ensure that children in foster care receive timely and thorough reviews of their cases, promoting their well-being and permanency. The division operates through local review boards that assess individual cases and make recommendations to improve outcomes for children in care.
Key Provisions
1. Confidentiality of Records (Section 24-1)
All records pertaining to foster care reviews are confidential. Access to these records is restricted to authorized individuals and agencies involved in the review process.
2. Case Reviews and Identification of Appropriate Local Review Boards (Section 24-3)
Each child's case is reviewed periodically by a local review board. The appropriate board is identified based on the child's placement and legal circumstances.
3. Conflicts of Interest Involving Local Review Board Members (Section 24-5)
Board members must disclose any potential conflicts of interest. If a conflict exists, the member must recuse themselves from the review of the affected case to maintain impartiality.
4. Agencies, Child-Caring Facilities, and Residential Group Care Homes Which Shall Be Invited and Encouraged to Attend Case Reviews (Section 24-7)
Agencies and facilities responsible for a child's care are invited and encouraged to attend case reviews. Their participation ensures that all relevant information is considered during the review process.
5. Individuals Who Shall Be Invited and Encouraged to Attend Case Reviews (Section 24-9)
Individuals such as the child's parents, legal guardians, and foster parents are invited to attend case reviews. Their input is vital for a comprehensive understanding of the child's situation.
6. Other Parties Who Shall Be Invited and Encouraged to Attend Case Reviews (Section 24-11)
Other relevant parties, including the child (if appropriate), attorneys, and service providers, may be invited to attend case reviews to provide additional perspectives.
7. Requests to Attend Case Reviews (Section 24-13)
Individuals not automatically invited may request to attend a case review. Such requests are considered on a case-by-case basis.
8. Written Information Presented to the Review Board at the Time of the Review (Section 24-15)
Agencies and facilities must provide written documentation, including the "Foster Care Review Summary Sheet," detailing the child's case history, current status, and any proposed plans.
9. Scheduling of Case Reviews (Section 24-17)
Case reviews are scheduled at regular intervals, typically every six months, to ensure continuous oversight of the child's progress and needs.
10. Frequency of Case Reviews (Section 24-19)
The frequency of case reviews may vary based on the child's circumstances, but they are generally conducted every six months.
11. Cessation of Case Reviews (Section 24-21)
Case reviews cease when a child is legally emancipated or no longer resides in foster care. Evidence of such changes must be presented to the local review board.
12. Procedures for Case Review (Section 24-23)
Detailed procedures are outlined for conducting case reviews, including the presentation of cases, discussion protocols, and documentation requirements.
13. Procedure for Case Reviews When a Child is in Permanent Foster Care or Guardianship (Section 24-25)
For children in permanent foster care or guardianship, case reviews continue every six months. Subsequent reviews may consist of brief written statements affirming the child's status and any changes since the last review.
14. Lack of a Key Party at a Case Review (Section 24-27)
If a key party is absent from a scheduled case review, the review may proceed without them, or it may be rescheduled, depending on the circumstances and the importance of the absent party's input.
15. Quorums for Local Review Boards (Section 24-29)
A quorum, typically a majority of board members, is required for a local review board to conduct a valid case review.
16. "Affidavit of Summary Review" Form (Section 24-31)
An "Affidavit of Summary Review" form is used to document the outcomes of case reviews, including any recommendations or actions taken.
17. Processing of "Advisory Recommendations" Form (Section 24-33)
The "Advisory Recommendations" form is used to communicate the review board's suggestions to the relevant agencies or individuals. These recommendations are considered in planning the child's future care.
18. Procedures, Quorum, and Attendance for the State Board of Directors (Section 24-37)
The State Board of Directors oversees the overall functioning of the review process. Specific procedures, quorum requirements, and attendance policies are established to ensure effective governance.
Case Law Example
Case: Doe v. South Carolina Department of Social Services, 2005
Facts: In this case, the plaintiff, a former foster child, alleged that the South Carolina Department of Social Services (DSS) failed to provide adequate case reviews as mandated by Chapter 24. The plaintiff claimed that the lack of timely and thorough reviews led to prolonged periods in foster care without appropriate permanency planning.
Issue: Whether the DSS's failure to conduct timely case reviews violated the provisions of Chapter 24 and the plaintiff's rights.
Holding: The court held that the DSS's failure to adhere to the mandated case review timelines constituted a violation of Chapter 24. The court emphasized the importance of regular case reviews in ensuring the well-being and permanency of children in foster care.
Rationale: The court reasoned that the statutory requirements for case reviews were designed to protect the interests of children in foster care. By not conducting reviews as required, the DSS deprived the plaintiff of timely assessments
RELATED Blog
0 comments