South Carolina Code 63-7-1740. Review of qualified residential treatment program placement
(B) Within sixty days of the start of each placement in a qualified residential treatment program, the court independently, shall:
Terms Used In South Carolina Code 63-7-1740
- Child: means a person under the age of eighteen. See South Carolina Code 63-7-20
- Court: means the family court. See South Carolina Code 63-7-20
- Department: means the Department of Social Services. See South Carolina Code 63-7-20
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Parent: means biological parent, adoptive parents, step-parent, or person with legal custody. See South Carolina Code 63-1-40
- Qualified individual: means a trained professional or licensed clinician. See South Carolina Code 63-7-20
- Qualified residential treatment program: means a childcare institution that:
(a) has a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of children with serious emotional or behavioral disorders or disturbances and, with respect to a child, is able to implement the treatment identified for the child by the assessment of the child required pursuant to § 63-7-1730;
(b) has registered or licensed nursing staff and other licensed clinical staff who:
(i) provide care within the scope of their practice as defined by state law;
(ii) are on-site according to the treatment model referred to in subitem (a); and
(iii) are available twenty-four hours a day and seven days a week;
(c) to the extent appropriate, and in accordance with the child's best interests, facilitates participation of family members in the child's treatment program;
(d) facilitates outreach to the family members of the child, including siblings; documents how the outreach is made, including contact information; and maintains contact information for any known biological family and fictive kin of the child;
(e) documents how family members are integrated into the treatment process for the child, including postdischarge, and how sibling connections are maintained;
(f) provides discharge planning and family-based aftercare support for at least six months postdischarge; and
(g) is licensed by the department and is accredited by any of the following independent, not-for-profit organizations:
(i) Commission on Accreditation of Rehabilitation Facilities (CARF);
(ii) Joint Commission on Accreditation of Health Care Organizations (JCAHO);
(iii) Council on Accreditation (COA);
(iv) Teaching Family Association;
(v) Educational Assessment Guidelines Leading Toward Excellence (EAGLE); or
(vi) another organization approved by the department. See South Carolina Code 63-7-20
(1) consider the assessment, determination, and documentation of the qualified individual conducting the assessment pursuant to § 63-7-1730;
(2) determine whether the needs of the child can be met through placement in a foster family home or, if not, whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short- and long-term goals for the child, as specified in the permanency plan for the child; and
(3) approve or disapprove the placement in a written court order.
(C) The written documentation required pursuant to § 63-7-1730(E) and the court’s approval or disapproval of the placement in a qualified residential treatment program must be included in the case plan for the child and must be incorporated in the court order.
(D) As long as a child remains in a qualified residential treatment program, the department shall submit evidence at any subsequent hearing:
(1) demonstrating that ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster family home;
(2) that the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment;
(3) that the placement is consistent with the short- and long-term goals for the child, as specified in the permanency plan for the child;
(4) documenting the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and
(5) documenting the efforts made by the department to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, or in a foster family home.
(E) The evidence required pursuant to subsection (D) must be included in the case plan for the child. The order of the court must address the evidence and must state whether the court approves or disapproves the placement in a qualified residential treatment program.