South Carolina Code 63-21-20. Compliance with federal law; disability affecting parent’s right to fulfill responsibilities; probable cause order
(B)(1) The department shall, consistent with its purposes as mandated in § 63-7-10:
Terms Used In South Carolina Code 63-21-20
- Adaptive parenting equipment: means equipment or any other item that is used to increase, maintain, or improve the parenting capabilities of a person with a disability. See South Carolina Code 63-21-10
- Adaptive parenting techniques: means strategies for accomplishing childcare and other parenting tasks that enable a person with a disability to execute a task safely for themselves and their children alone or in conjunction with adaptive parenting equipment. See South Carolina Code 63-21-10
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Child: means a person under the age of eighteen. See South Carolina Code 63-1-40
- Department: means the South Carolina Department of Social Services. See South Carolina Code 63-21-10
- Disability: means a physical or mental impairment that substantially limits one or more of the major life activities of an individual, a record of an impairment, or being regarded as having an impairment, consistent with the Americans with Disabilities Act, as amended, and as interpreted broadly under that act. See South Carolina Code 63-21-10
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who legally has the care and management of a child. See South Carolina Code 63-1-40
- Parent: means biological parent, adoptive parents, step-parent, or person with legal custody. See South Carolina Code 63-1-40
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probate: Proving a will
(a) make reasonable efforts, that are individualized and based upon a parent‘s or legal guardian‘s specific disability, to avoid removal of a child from the home of a parent or legal guardian with a disability, including referrals for access to adaptive parenting equipment, referrals for instruction on adaptive parenting techniques, and reasonable accommodations with regard to accessing services that are otherwise made available to a parent or legal guardian who does not have a disability;
(b) make reasonable accommodations to a parent or legal guardian with a disability as part of placement and visitation decisions; preventive, maintenance, and reunification services; and evaluations or assessments of parenting capacity.
(2) The department, and any other covered entity, must not deny reunification services to a parent or legal guardian with a disability solely on the basis of the disability.
(C) If any party to the proceedings alleges that the parent or legal guardian has a disability that affects the parent’s ability to fulfill parent responsibilities, the family court shall determine and include as findings in the probable cause order:
(1) the nature of the parent’s or legal guardian’s disability, if any, that affects the parent’s ability to fulfill parent responsibilities;
(2) the reasonable efforts made by the department to avoid removal of the child from the parent or legal guardian, including reasonable efforts made to address the parenting limitations caused by the disability; and
(3) reasonable accommodations the department, and any other covered entity, shall make to provide the parent or legal guardian with the opportunity to participate fully in the child protection proceedings throughout the duration of the case.