(A)(1) Within twenty-four hours of the receipt of a report of suspected child abuse or neglect, the department must begin an appropriate and thorough investigation to decide whether the report should be "indicated" or "unfounded" when the department concludes the report alleges that:

(a) a child is at imminent and substantial risk of physical or mental injury due to abuse, neglect, or harm;

Terms Used In South Carolina Code 63-7-920

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Child: means a person under the age of eighteen. See South Carolina Code 63-7-20
  • Child protective services: means assistance provided by the department as a result of indicated reports or affirmative determinations of child abuse or neglect, including assistance ordered by the family court or consented to by the family. 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
  • 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
  • Mental injury: means an injury to the intellectual, emotional, or psychological capacity or functioning of a child as evidenced by a discernible and substantial impairment of the child's ability to function when the existence of that impairment is supported by the opinion of a mental health professional or medical professional. 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
  • Subject of the report: means a person who is alleged or determined to have abused or neglected the child, who is mentioned by name in a report or finding. See South Carolina Code 63-7-20

(b) the family may flee or the child may be unavailable for purposes of conducting a child protective services investigation; or

(c) the department has assumed legal custody of a child pursuant to § 63-7-660 or 63-7-670 or the department has been notified that a child has been taken into emergency protective custody.

(2) The department must begin an appropriate and thorough investigation of all reports of suspected child abuse or neglect that do not meet criteria established in subsection (A)(1) within two business days of receiving the report to determine whether the report should be "indicated" or "unfounded".

(3) The finding must be made no later than forty-five days from the receipt of the report. A single extension of no more than fifteen days may be granted by the director of the department, or the director’s designee, for good cause shown, pursuant to guidelines adopted by the department.

(4) If the investigation cannot be completed because the department is unable to locate the child or family or for other compelling reasons, the report may be classified as unfounded Category III and the investigation may be reopened at a later date if the child or family is located or the compelling reason for failure to complete the investigation is removed. The department must make a finding within forty-five days after the investigation is reopened.

(B) The department may file with the family court an affidavit and a petition to support issuance of a warrant at any time after receipt of a report. The family court must issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the condition of the child, to inspect the premises where the child may be located or may reside, and to obtain copies of medical, school, or other records concerning the child.

(C) The department or law enforcement, or both, may interview the child alleged to have been abused or neglected and any other child in the household during the investigation. The interviews may be conducted on school premises, at childcare facilities, at the child’s home or at other suitable locations and in the discretion of the department or law enforcement, or both, may be conducted outside the presence of the parents. To the extent reasonably possible, the needs and interests of the child must be accommodated in making arrangements for interviews, including time, place, method of obtaining the child’s presence, and conduct of the interview. The department or law enforcement, or both, shall provide notification of the interview to the parents as soon as reasonably possible during the investigation if notice will not jeopardize the safety of the child or the course of the investigation. All state, law enforcement, and community agencies providing child welfare intervention into a child’s life should coordinate their services to minimize the number of interviews of the child to reduce potential emotional trauma to the child.

(D) The department must furnish to parents or guardians on a standardized form the following information as soon as reasonably possible after commencing the investigation:

(1) the names of the investigators;

(2) the allegations being investigated;

(3) whether the person’s name has been recorded by the department as a suspected perpetrator of abuse or neglect;

(4) the right to inspect department records concerning the investigation;

(5) statutory and family court remedies available to complete the investigation and to protect the child if the parent or guardian or subject of the report indicates a refusal to cooperate;

(6) how information provided by the parent or guardian may be used;

(7) the possible outcomes of the investigation; and

(8) the telephone number and name of a department employee available to answer questions.

(E) This subarticle does not require the department to investigate reports of child abuse or neglect which resulted in the death of the child unless there are other children residing in the home, or a resident of the home is pregnant, or the subject of the report is the parent, guardian, or person responsible for the welfare of another child regardless of whether that child resides in the home.

(F) The department or law enforcement, or both, may collect information concerning the military affiliation of the person having custody or control of the child subject to an investigation and may share this information with the appropriate military authorities pursuant to § 63-11-80.