Terms Used In South Carolina Code 63-7-2860

  • Court: means the family court. See South Carolina Code 63-7-20
  • Department: means the Department of Social Services. See South Carolina Code 63-7-2820
  • Fictive kin: means an individual who is not related by birth, adoption, or marriage to a child but has an emotionally significant relationship with the child or the child's family. See South Carolina Code 63-7-2820
  • Legal Guardianship: means :

    (a) a judicially established relationship between a child and caretaker that is intended to be permanent and self-sustaining and transfers to the caretaker the following parental rights and responsibilities with respect to the child:

    (i) the duty to provide protection, support, food, clothing, shelter, supervision, education, and care;

    (ii) physical custody of the child;

    (iii) legal custody when family court has not awarded legal custody to another person, agency, or institution;

    (iv) the right to consent to marriage, enlistment in the armed forces, and medical and surgical treatment;

    (v) the duty and authority to represent the child in legal actions and to make decisions of substantial legal significance affecting the child;

    (vi) the right to determine the nature and extent of the child's contact with other persons; and

    (vii) the right to manage the child's income and assets. See South Carolina Code 63-7-20
  • Relative: means an individual within the first, second, or third degree to a parent or stepparent of a child who may be related through blood, marriage, or adoption or through the establishment of a fictive kin relationship. See South Carolina Code 63-7-2820
A decision regarding supplemental legal guardianship benefits by the department that is adverse to the relative, fictive kin, or legal guardian is reviewable according to the department’s fair hearing regulations, unless there is an action pending in family court that can dispose of the issue.