South Carolina § 63-7-1705 - Legal guardianship proceedings.

§ 63-7-1705. Legal guardianship proceedings.

(A) Upon motion by the department or any party in interest at any hearing held pursuant to this article, the court may establish legal guardianship with supplemental benefits.

(1) The department or any party in interest may request that the court establish legal guardianship with supplemental benefits by filing and service of a motion setting forth:

(a) the following case plan requirements:

(i) how the child meets the eligibility requirements for legal guardianship with supplemental benefits;

(ii) the steps the department has taken to determine that the child's return home and termination of parental rights and adoption are not appropriate;

(iii) the department's efforts to discuss adoption with the relative or fictive kin, and the reasons why adoption is not an option;

(iv) the department's efforts to discuss legal guardianship with supplemental benefits with the child's parents or reason why efforts were not made;

(v) the reason why legal guardianship and receipt of supplemental benefits is in the child's best interests;

(vi) if the child's placement with the relative or fictive kin does not include siblings, the reason why the child is separated from siblings during placement;

(vii) if the child is fourteen years or older, that the child has been consulted regarding the legal guardianship arrangement; and

(viii) that the relative or fictive kin meets all requirements for licensure as a kinship foster parent;

(b) the movant's intention to join as a party to the action, a successor legal guardian who is identified in the legal guardianship with supplemental benefits agreement.

(B) The motion must be filed with the court and served on:

(1) the department, unless the department is the moving party;

(2) the child, if the child is fourteen years of age or older;

(3) the child's guardian ad litem;

(4) the child's parents;

(5) the relative or fictive kin; and

(6) the prospective successor legal guardian.

(C) The court shall order legal guardianship with supplemental benefits upon finding by a preponderance of evidence that the department has entered a written agreement with a relative or fictive kin for legal guardianship with supplemental benefits and that placement is in the child's best interests. The court shall issue a separate order establishing that the relative or fictive kin is the child's legal guardian, and the court shall specify in its order:

(1) return home and adoption are not in the child's best interests;

(2) the relative or fictive kin commits to providing the child permanency and stability until the child reaches age eighteen and to preparing the child for adulthood and independence;

(3) the child has resided in the home of the relative or fictive kin for six consecutive months, during which the child was in the legal custody of the department, and the relative was licensed as a kinship foster parent;

(4) the child and the relative share a strong attachment;

(5) the duties, rights, and responsibilities of the relative or fictive kin to the child;

(6) the child meets eligibility requirements for supplemental benefits;

(7) the date on which the department and the relative or fictive kin entered a written agreement for supplemental legal guardianship benefits;

(8) an adult who shall become the successor legal guardian and who is bound by the duties, rights, and responsibilities of the legal guardian stated in the order in the event of the death or incapacity of the legal guardian;

(9) that the relative, fictive kin, and the adult identified as the successor legal guardian received a copy of the supplemental legal guardianship benefits agreement; and

(10) the court's order shall further specify:

(a) the frequency and nature of any parental or sibling visitation;

(b) the frequency and nature of any parental contact;

(c) the effect the order has on other parental rights and responsibilities, including inheritance, child support, and medical decisions; and

(d) that the legal guardian is prohibited from returning the child to the care, custody, and control of the child's parents, except upon issuance of a court order finding clear and convincing evidence that there has been a material change in circumstances.

HISTORY: 2023 Act No. 25 (S.380), SECTION 5, eff May 16, 2023.