When a child enters foster care in South Carolina, the court must decide on a long-term plan. This decision happens at a permanency planning hearing. These hearings play a critical role in abuse and neglect cases. Understanding what to expect can help parents prepare for this important court date.
A permanency planning hearing determines the final direction of a child’s case. The South Carolina Department of Social Services initiates these hearings to establish permanent living arrangements. Both state and federal law require these proceedings for children in foster care.
When Does a Permanency Planning Hearing Occur?
South Carolina law sets specific deadlines for these hearings. The initial permanency planning hearing must happen within 12 months of the child entering foster care. This timeline comes from Section 63-7-1700 of the South Carolina Children’s Code.
After the first hearing, additional hearings continue as long as the child remains in care. Generally, the court holds these proceedings every 12 months. However, certain circumstances may require hearings sooner. For example, if the court orders extended foster care for reunification, the next hearing must occur within six months.
DSS begins the process by filing a motion for permanency planning. The agency must serve this motion along with a supplemental report at least 10 days before the hearing. The Foster Care Review Board also provides its recommendations to the court.
The Five Permanent Plans in South Carolina
South Carolina law provides five possible outcomes for a child in foster care. According to the South Carolina Children’s Code, the court must approve one of these permanent plans:
Reunification with Parents: This remains the preferred goal when safe. The court must find that parents have fixed the conditions that led to removal. Additionally, returning home cannot pose an unreasonable risk to the child.
Extension of the Placement Plan: When reunification is possible but not immediate, the court may extend the plan. Parents must show they are working to correct the issues. This extension cannot exceed 18 months from when the child entered foster care.
Relative or Non-Relative Custody or Guardianship: A fit and willing family member may receive custody. This option provides stability when parents cannot resume care. Sometimes non-relatives who have bonded with the child also qualify.
Termination of Parental Rights and Adoption: When reunification is not possible, the court may end parental rights. This clears the path for another family to adopt the child. DSS must show specific grounds exist under the law.
Another Planned Permanent Living Arrangement (APPLA): This option applies only to children 16 and older. The court must find compelling reasons why other plans are not in the child’s best interest. South Carolina strictly limits this option.
What Happens at the Hearing?
The permanency planning hearing serves multiple purposes. First, the court reviews the child’s current status in foster care. Second, it examines progress toward the permanent plan approved at earlier hearings. Third, the judge determines whether DSS made reasonable efforts to achieve permanency.
DSS submits a supplemental report before the hearing. This document contains the agency’s perspective on the case. It recommends a permanent plan and describes any termination of parental rights proceedings. The report also includes the Foster Care Review Board’s recommendations about the child’s status.
The court considers whether the child can safely return home. If so, the judge may order the child’s return with up to 12 months of supervision. If not, the court must select a different permanent plan from the five options available.
Who Participates in the Hearing?
Several parties play important roles at permanency planning hearings. Each brings a different perspective to help the court make informed decisions.
The Guardian ad Litem: Every child in an abuse or neglect case receives a guardian ad litem. This person advocates for the child’s best interests. The Cass Elias McCarter Guardian ad Litem Program trains and assigns volunteer advocates throughout South Carolina. The GAL investigates the case and provides recommendations to the court.
Parents and Their Attorneys: Parents have the right to attend and participate in the hearing. South Carolina law provides the right to counsel for any DSS child protection hearing. If parents cannot afford an attorney, the court may appoint one based on financial circumstances.
DSS Representatives: Caseworkers from the Department of Social Services testify about the case. They present the agency’s recommendations and report on services provided to the family. DSS attorneys handle the legal aspects of the department’s position.
Foster Parents: South Carolina requires DSS to notify foster parents of hearings. Foster parents have the right to attend and address the court. They can share observations about the child’s wellbeing and needs.
What Courts Must Find at the Hearing
South Carolina judges must make specific findings at permanency planning hearings. These findings ensure the court has fully considered the child’s situation and the parents’ progress.
If the court does not return the child home, the order must address several issues. The judge must specify what services were offered to help reunification. The order also documents each party’s compliance with the placement plan. Furthermore, the court notes the extent of parental visits and support.
The court must determine whether DSS made reasonable efforts toward the permanent plan. This finding affects federal funding for foster care. It also ensures the agency actively worked toward achieving permanency for the child.
When approving extended foster care for reunification, the court must find that parents showed commitment. There must be specific reasons to believe conditions will be fixed within the timeframe. The extension cannot create unreasonable risk to the child’s safety.
Important Timelines to Understand
Time moves quickly in child welfare cases. Understanding key deadlines helps parents know what to expect.
The initial permanency planning hearing must occur within 12 months of the child entering foster care. This deadline cannot be waived. Subsequent hearings happen at least every 12 months while the child remains in care.
Reunification efforts cannot extend beyond 18 months from placement in foster care. If the court grants an extension, the next hearing must happen within six months. These strict timelines aim to achieve permanency for children as quickly as possible.
Federal law also requires DSS to file for termination of parental rights when a child has been in foster care for 15 of the most recent 22 months. Exceptions exist, but this rule pushes cases toward final resolution.
How to Prepare for a Permanency Planning Hearing
Parents facing a permanency planning hearing should take proactive steps. Preparation can significantly impact the outcome of your case.
Work closely with your attorney throughout the process. Review the placement plan and understand what you must accomplish. Complete all required services such as parenting classes, counseling, or treatment programs. Keep records of your participation and progress.
Maintain consistent contact with your child through scheduled visits. Document your attendance at visitations. Courts view regular participation positively when considering reunification.
Address any housing, employment, or stability issues before the hearing. The court needs to see that you can provide a safe home. Show that you have made lasting changes, not temporary fixes.
Communicate appropriately with your DSS caseworker. Cooperation demonstrates your commitment to your child. However, always consult your attorney before making statements that could affect your case.
Protect Your Family’s Future
A permanency planning hearing is one of the most important events in a child welfare case. The decisions made at this hearing affect your family for years to come. Understanding the process helps you advocate effectively for yourself and your child.
Parents in DSS cases have legal rights that deserve protection. An experienced attorney can guide you through the complex child welfare system. Legal representation helps ensure your voice is heard and your interests are considered.
Contact Klok Law Firm LLC today at 843-701-1695 to discuss your case. You can also email us. We understand how stressful these situations are for families. Let us help you navigate the legal process and work toward the best possible outcome.