S.C. Code Regs. § § 24-23

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

Section 24-23 - Procedures for Case Review

The following procedures shall be followed when conducting case reviews by local review boards:

A. Review board members may meet privately with the review board coordinator to discuss any cases of concern to the review board, and any other pertinent information.

B. The worker from the agency, child-caring facility, or residential group care home responsible for placing the child in foster care or holding legal custody or in the case of a private placement, responsible for accepting the child into foster care will present the case to the review board. This party shall have completed a "Foster Care Review Summary Sheet" prior to the review hearing and shall submit at least two legible copies of that completed form to the review board. (See Regulation Regulation 24-15 Section A. through M. herein for definition of data to be enclosed on "Foster Care Review Summary Sheet.") Copies of other relevant documents shall also be presented as specified in Regulation 24-15 herein.

C. The review board chairperson shall introduce the review board to all parties attending and shall explain the purpose of the case review. If any of the interested parties specified in Regulations 24-7 through 24-11 herein are not present, copies of the letters of invitation shall be provided for the review board file by the worker responsible for presenting the case. It is recommended that the worker show proof of the receipt of the invitation to the parent(s)/legal guardian(s) or foster child by one of the following methods: 1. an affidavit from the worker including a statement that the invitation was mailed and was not returned, the specific address to which it was mailed, and the date of the mailing, 2. an invitation to attend signed by the absent party, or 3. a return receipt of certified or registered mail. (See Regulation Regulation 24-27 herein which addresses continuing the review at a later time if a key party was not invited or the copy of the invitation is not available at the review hearing.)

D. The review board coordinator or the review board chairperson shall read aloud any pertinent information in the review board case file, including the board's previous "Advisory Recommendations." Each party present may offer corrections to the review board file if needed. The review board and the professional staff present shall use their discretion to determine which parties may be present during the reading of the review board case file notes.

E. The party responsible for completing a "Foster Care Summary Sheet" will present the details of the child's case to the review board. In particular, the party will present:

(1) what permanent plans have been formulated for the child (i.e. return to the improved parent(s), termination of parental rights and adoption, or placement in a permanent foster home and a time frame for completion);

(2) what are the reasons for preferring the chosen permanent plan over other possible plans;

(3) what steps toward realization of the chosen permanent plan have been accomplished to date;

(4) what steps toward realization of the chosen permanent plan can be accomplished before the next case review;

(5) such other information as may be necessary to the review board in furtherance of its functions and powers. (See Regulation 24-1, Regulation 24-15, and 24-7 through 24-11 herein.)

F. Members of the review board shall allow each party who is present to address the board. Discretion shall be used to determine which parties may remain for the entire case review and which ones shall leave after presenting their information. The guardian ad litem as well as other parties present may be allowed to remain for the entire review unless another invited party requests to meet with the review board privately or the board elects to do so. The review board may discuss with any parties any information that it believes is necessary to its advisory recommendation for permanent placement of the child. The review board coordinator shall take notes of all proceedings.

G. In cases where parties present are involved in litigation, each may be heard separately at the request of either party.

H. The review board chairperson shall summarize the review board's final advisory recommendations for the review board coordinator to record.

I. The review board chairperson shall explain the advisory recommendations to those parties remaining at the end of the review hearing. For foster children in attendance, the worker shall decide if the child should remain to hear the board's advisory recommendations.

J. The review board shall document in its "Advisory Recommendations" any Department of Social Services referral to a law enforcement agency for prosecution of child abuse.

K. In the case of a child who entered foster care through court action, the local review board shall document the status of judicially approved treatment plans in its "Advisory Recommendations."

S.C. Code Regs. § 24-23

Added by State Register Volume 10, Issue No. 2, eff February 28, 1986. Amended by State Register Volume 23, Issue No. 4, eff April 23, 1999.