(A) A child who is in the legal custody of the department on the child’s eighteenth birthday and who, due to a physical, intellectual, emotional, or psychiatric impairment, cannot execute a voluntary placement agreement in accordance with § 63-7-2730 (B), may remain in foster care beyond the child’s eighteenth birthday and until the department has coordinated appropriate services for a successful transition to adulthood.

(B) Before the child’s eighteenth birthday, at a hearing held pursuant to § 63-7-700, 63-7-1660, 63-7-1680, or 63-7-1700, the court must determine that it is in the child’s best interests to remain under the placement and care responsibility of the department beyond the child’s eighteenth birthday due to a physical, intellectual, emotional, or psychiatric impairment and until the department has coordinated appropriate services for a successful transition to adulthood. The court shall continue to review the child’s status annually pursuant to § 63-7-1700.

Terms Used In South Carolina Code 63-7-2750

  • 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
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Legal custody: means the right to the physical custody, care, and control of a child; the right to determine where the child shall live; the right and duty to provide protection, food, clothing, shelter, ordinary medical care, education, supervision, and discipline for a child and in an emergency to authorize surgery or other extraordinary care. See South Carolina Code 63-7-20

(C) The child’s guardian ad litem shall continue to serve as outlined in § 63-11-510. If the child’s guardian ad litem cannot continue to serve, the court shall appoint a guardian ad litem to represent the child as outlined in § 63-11-510.

(D) The jurisdiction of the court continues until the court determines the department has coordinated appropriate transitional services, but in no case may the court’s jurisdiction pursuant to this article exceed the child’s twenty-first birthday.