South Carolina Statutes
§ 63-7-1440 — Judicial review.
An appellant seeking judicial review shall file a petition in the family court within thirty days after the final decision of the department. The appellant shall serve a copy of the petition upon the department. The family court shall conduct a judicial review in accordance with the standards of review provided for in Section 1-23-380. The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based. The judgment must include a determination of whether the decision of the department that a preponderance of evidence shows that the appellant abused or neglected the child should be affirmed or reversed. The appellant is not entitled to a trial de novo in the family court.
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Legislative History
HISTORY: 2008 Act No. 361, SECTION 2. Subarticle 11 Judicial Proceedings DERIVATION TABLE Showing the sections in former Chapter 7, Title 20 from which the sections in this subarticle were derived. NewSection FormerSection 63-7-1610 20-7-736(A), 20-7-640(D) 63-7-1620 20-7-110 63-7-1630 20-7-645 63-7-1640 20-7-763 63-7-1650 20-7-738 63-7-1660 20-7-736(B)-(H) 63-7-1670 20-7-762 63-7-1680 20-7-764 63-7-1690 20-7-765 63-7-1700 20-7-766 63-7-1710 20-7-768 63-7-1720 20-7-770
Nearby Sections
15
§ 63-7-1410
Purpose.§ 63-7-1420
Appeal of judicial determinations.§ 63-7-1430
Notice and opportunity to be heard.§ 63-7-1440
Judicial review.§ 63-7-1610
Jurisdiction and venue.§ 63-7-1620
Legal representation of children.§ 63-7-1630
Notice of hearings.§ 63-7-1640
Family preservation.§ 63-7-1650
Services without removal.§ 63-7-1660
Services with removal.§ 63-7-1670
Treatment plan.