(A) If a child remains in the legal custody of the department in accordance with § 63-7-2750, permanency planning hearings must be held annually and in accordance with § 63-7-1700. The court shall review the status of the child, the child’s transition plan, and the progress being made to coordinate supportive services for the child’s successful transition to adulthood.

(B) If a child is under the placement and care responsibility of the department in accordance with § 63-7-2730(B), upon motion filed by the department, the court shall conduct a permanency planning hearing. A permanency planning hearing must be held on an annual basis for as long as the child remains under the placement and care responsibility of the department. The department shall attach a supplemental report to the motion for permanency planning that includes the transition plan and the report of the administrative case review conducted pursuant to § 63-7-2760. The motion, supplemental report, and notice of the hearing must be served upon the child at least ten days before the permanency planning hearing and the child is entitled to be present for the hearing. The notice of the hearing must inform the child of the procedures to request counsel if the child desires representation. No responsive pleading is required.

Terms Used In South Carolina Code 63-7-2770

  • 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
  • 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 order issued as a result of a hearing pursuant to subsection (B) must make specific findings regarding progress being made toward the child’s successful transition from the placement and care responsibility of the department and achieving independence, including whether:

(1) the child wants to remain under the placement and care responsibility of the department pursuant to a voluntary placement agreement;

(2) there is a transition plan that contains specific, measurable goals;

(3) the services being provided are designed to support the child’s successful transition to living independently;

(4) the services being provided further the child’s placement, vocational, or educational goals;

(5) additional services are necessary to support the child’s successful transition to living independently; and

(6) the department has made reasonable efforts to support the child’s transition to living independently.

(D) A permanency planning hearing held pursuant to this section meets the requirements of the case review required pursuant to § 63-7-2760.

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