South Carolina Code 63-7-640. Preliminary investigation
Current as of: 2023 | Check for updates
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Terms Used In South Carolina Code 63-7-640
- 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
- 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
- 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
- Parent: means biological parent, adoptive parents, step-parent, or person with legal custody. See South Carolina Code 63-1-40
The department shall conduct within twenty-four hours after the child is taken into emergency protective custody by law enforcement or pursuant to ex parte order a preliminary investigation to determine whether grounds for assuming legal custody of the child exist and whether reasonable means exist for avoiding removal of the child from the home of the parent or guardian or for placement of the child with a relative and means for minimizing the emotional impact on the child of separation from the child’s home and family. During this time the department, if possible, shall convene, a meeting with the child’s parents or guardian, extended family, and other relevant persons to discuss the family’s problems that led to intervention and possible corrective actions, including placement of the child.