(A) A law enforcement officer investigating a case of suspected child abuse or neglect or responding to a request for assistance by the department as it investigates a case of suspected child abuse or neglect has authority to take emergency protective custody of the child pursuant to this subarticle in all counties and municipalities.

(B) Immediately upon taking emergency protective custody, the law enforcement officer shall notify the local office of the department responsible to the county in which the activity under investigation occurred.

Terms Used In South Carolina Code 63-7-610

  • Child: means a person under the age of eighteen. See South Carolina Code 63-7-20
  • Department: means the Department of Social Services. See South Carolina Code 63-7-20
  • Emergency protective custody: means the right to physical custody of a child for a temporary period of no more than twenty-four hours to protect the child from imminent danger. See South Carolina Code 63-7-20
  • 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.

(C) The department shall designate by policy and procedure the local department office responsible for procedures required by this subarticle when a child resides in a county other than the one in which the activity under investigation occurred. The probable cause hearing required by § 63-7-710 may be held in the county of the child’s residence or the county of the law enforcement officer’s jurisdiction.

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