South Carolina § 63-7-2530 Filing procedures.

South Carolina Statutes

§ 63-7-2530 — Filing procedures.

South Carolina·Title 63 SOUTH CAROLINA CHILDREN'S CODE·Ch. 7 CHILD PROTECTION AND PERMANENCY

(A)A petition seeking termination of parental rights may be filed by the Department of Social Services or any interested party.

(B)The department may file an action for termination of parental rights without first seeking the court's approval of a change in the permanency plan pursuant to Section 63-7-1680 and without first seeking an amendment of the placement plan pursuant to Section 63-7-1700. Additionally, the department may amend or supplement a petition for removal or a complaint for removal to include a cause of action for termination of parental rights any time after grounds for termination of parental rights are present.

(C)The hearing on the petition to terminate parental rights must be held within one hundred twenty days of the date the termination of parental rights petition

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(A) A petition seeking termination of parental rights may be filed by the Department of Social Services or any interested party. (B) The department may file an action for termination of parental rights without first seeking the court's approval of a change in the permanency plan pursuant to Section 63-7-1680 and without first seeking an amendment of the placement plan pursuant to Section 63-7-1700. Additionally, the department may amend or supplement a petition for removal or a complaint for removal to include a cause of action for termination of parental rights any time after grounds for termination of parental rights are present. (C) The hearing on the petition to terminate parental rights must be held within one hundred twenty days of the date the termination of parental rights petition is filed. A party may request a continuance that would result in the hearing being held more than one hundred twenty days after the petition was filed, and the court may grant a continuance in its discretion. If a continuance is granted, the court must issue a written order scheduling the case for trial on a date and time certain.

South Carolina § 63-7-2530 (Filing procedures.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

HISTORY: 2008 Act No. 361, SECTION 2; 2009 Act No. 41, SECTION 3, eff July 1, 2009; 2023 Act No. 80 (H.3553), SECTION 3, eff June 19, 2023. Effect of Amendment The 2009 amendment added subsection (C) relating to the time for hearing a petition to terminate parental rights. 2023 Act No. 80, SECTION 3, in (B), added the second sentence.