(A) No agency may place a minor in a foster home if the agency has actual knowledge that the minor has been adjudicated delinquent for, or has pled guilty or nolo contendere to, or has been convicted of a sex offense, unless the placement is in a therapeutic foster home or unless the minor is the only child in the foster home at the time of placement and for the length of that minor’s placement in the foster home. Notwithstanding this provision, the placing agency may petition the court for an order allowing the minor to be placed in a foster home, other than a therapeutic home, if good cause is shown. Good cause shall include, but not be limited to, the fact that the minor is being placed in a home with his siblings.

(B) The placing agency must inform the foster parent in whose home the minor is placed of that minor’s prior history of a sex offense. For purposes of this section the term "sex offense" means:

Terms Used In South Carolina Code 63-7-2360

  • 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
  • Foster home: means a household of one or more persons who are licensed or approved to provide full-time care for one to five children living apart from their parents or guardians. See South Carolina Code 63-1-40
  • Judge: means the judge of the family court. See South Carolina Code 63-1-40
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Parent: means biological parent, adoptive parents, step-parent, or person with legal custody. See South Carolina Code 63-1-40

(1) criminal sexual conduct in the first degree, as provided in § 16-3-652;

(2) criminal sexual conduct in the second degree, as provided in § 16-3-653;

(3) criminal sexual conduct in the third degree, as provided in § 16-3-654;

(4) criminal sexual conduct with minors in the first degree, as provided in § 16-3-655(A);

(5) criminal sexual conduct with minors in the second degree, as provided in § 16-3-655(B);

(6) criminal sexual conduct with minors in the third degree, as provided in § 16-3-655(C);

(7) engaging a child for a sexual performance, as provided in § 16-3-810;

(8) producing, directing, or promoting sexual performance by a child, as provided in § 16-3-820;

(9) assault with intent to commit criminal sexual conduct, as provided in § 16-3-656;

(10) incest, as provided in § 16-15-20;

(11) buggery, as provided in § 16-15-120;

(12) violations of Article 3, Chapter 15 of Title 16 involving a child when the violations are felonies;

(13) accessory before the fact to commit an offense enumerated in this item and as provided for in § 16-1-40;

(14) attempt to commit any of the offenses enumerated herein; or

(15) any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the minor’s offense should be considered a sex offense.

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