S.C. Code Regs. § § 114-4910

Current through Register Vol. 48, No. 10, October 25, 2024

Section 114-4910 - Child Placing Agencies; Definitions and Application Procedures

A. Definitions

(1) "Adoptive home" means a household of one or more persons which has been approved by a licensed child placing agency to accept a child for adoption.

(2) "Case plan" means the goal oriented, time limited individualized plan of action for a child and his family developed by the child placing agency in cooperation with the family and/or referring agency for the child.

(3) "Caseworker" means a person employed by the Agency who has a minimum of a Baccalaureate or an Associate degree and related experience.

(4) "Casework Supervisor" means a person who has a Masters in Social Work or a Baccalaureate in a related field approved by the Department with a minimum of two years of directly related casework experience in a Child Placing Agency.

(5) "Certified adoption investigator" means an individual, self employed or employed by an agency, corporation, or association who prepares a document addressing issues of concern and information necessary for a court to make a decision in adoption matters and is certified pursuant to applicable statutes and regulations.

(6) "Child" means a person under eighteen years of age.

(7) "Child placing agency" means any person or entity which is licensed under the requirements of 20-7-1650(e), Code of Laws of South Carolina.

(8) "Client" means the individual(s) to whom a child placing agency is providing services. This includes, but is not limited to children, foster parents, biological parents, and adoptive parents.

(9) "Commissioner" means the chief administrator of the Department of Social Services.

(10) "Department" means the Department of Social Services.

(11) "Foster Family home" means a private household of one or more persons who provide full time care under licensure of the Department of Social Services for one (1) or more children living apart from their parent(s), guardian(s), or relative(s). A foster family home shall not be licensed for more than six (6) children, including the foster parents' own children and/or other children who are household members.

(12) "Foster home licensing/relicensing study" means an assessment of whether or not the applicant or licensee meets foster home regulations.

(13) "Home study" means the joint assessment process entered into by the child placing agency and/or adoptive or foster family for the purpose of assessing the family's strengths, and how they could best serve the children that the child placing agency has available for placement, and whether or not the applicant complies with the approval standards.

(14) "Person" means an individual, partnership, joint stock company, business trust, voluntary association, corporation, governmental organization, court operated program or any other type organization or profit or nonprofit business enterprise.

(15) "Post placement services" means to provide support, education and assistance to the family from the time of adoptive placement through consummation.

(16) "Substitute care" means twenty four (24) hour care provided to a child who must be separated from his/her own family/parents for a specific purpose and for a planned period of time. This could take the form of a foster family home, group home, child care facility, emergency shelter, residential treatment program, independent living program, wilderness camp or maternity home.

B. Application Procedures for Licensure

(1) Child placing agencies who are subject to these regulations and are already operating on the effective date of these regulations shall not be exempt from licensure. A Temporary license for a period of 90 days will be issued by the Department to already existing child placing agencies for preparation and submission of their applications for licensure.

(2) If at the expiration date of the temporary license and/or upon completion and submission of the licensing study, the agency is unable to comply with a regulation, a second temporary license may be issued in accordance with R. 114-4930 F.

(3) Applications for licensure as a child placing agency shall be made on forms prescribed and furnished by the Department.

(4) All applications and supporting documentation shall be considered public information.

(5) An application is not considered complete unless all required supporting documentation is attached. Failure to supply all required documentation may result in denial of a license.

C. Procedure for Licensure. With the initial application for a license, the following information shall be forwarded to the Department:

(1) Statement of Purpose: The child placing agency shall submit to the Department a written statement which shall contain a description of the geographical area to be served and the specific services to be provided. The statement shall be available to the referral sources and the public on request.

(2) A copy of its charter, if applicable.

(3) Governance.

(a) A copy of the by laws and/or statute by which the agency was created;

(b) A list of officers and Board or Advisory Committee members and their addresses;

(4) Personnel.

(a) A list of job descriptions of administrative and program staff shall be submitted to the Department;

(b) A list of Certified Adoption Investigators who will be utilized or employed by the child placing agency shall be submitted to the Department;

(c) A copy of resumes for program staff.

(5) A copy of the proposed/current procedural manuals shall be submitted to outline policies including, but not limited to, the following areas:

(a) Finance;

(b) Personnel;

(c) Intake and content of records for planning and caring for children;

(d) Replacement, placement, and postplacement services to children, foster families, adoptive families and biological parents, if applicable;

(e) Recruitment for both foster and adoptive homes;

(f) Family assessment formats for both foster and adoptive homes;

(g) Qualification criteria for foster and adoptive families;

(h) Procedures for closing cases;

(i) Schedule of payment for services;

(j) Copies of all forms used by the child placing agency in the foster care and adoption process i.e., application, financial forms, medicals, renewal, etc.

(k) Statement of clients' rights.

(6) A notarized statement attesting that a Central Registry check has been done and that staff members and volunteers who work directly with children have not had a case of child abuse or neglect indicated against them. If a case has been indicated and the individual continues to be employed by the child placing agency or continues to serve in a volunteer capacity, the agency must provide documentation that a waiver as provided for in R. 114-4930 G(1)(c) has been granted. Notarized statements must be signed by the staff member or volunteer. Upon request of the child placing agency, the Department shall provide such information at no charge from the Central Registry. If staff members and volunteers have resided in South Carolina for three (3) years or less, last state of residency checks must be completed.

S.C. Code Regs. § 114-4910