Best Interests of the Child

Statute: S.C. Code Ann. § 20-7-20(D) (Law. Co-op. Supp. 1998)

Law:

For children in need of services, care and guidance, the State shall secure those services as are needed to serve the emotional, mental and physical welfare of children and the best interests of the community, preferably in their homes or the least restrictive environment possible. When children must be placed in care away from their homes, the State shall insure that they are protected against any harmful effects resulting from the temporary or permanent inability of parents to provide care and protection for their children. It is the policy of the State to reunite the child with his family in a timely manner, whether or not the child has been placed in the care of the State voluntarily. When children must be permanently removed from their homes, they shall be placed in adoptive homes so that they may become members of a family by legal adoption or, absent that possibility, other permanent settings.

Statute: S.C. Code Ann. § 20-7-470 (WESTLAW through End of 2000 Reg. Sess.)

Law:

This article shall be liberally construed to the end that families whose unity or well-being is threatened shall be assisted and protected, and restored if possible as secure units of law-abiding members; and that each child coming within the jurisdiction of the court shall receive, preferably in his own home, the care, guidance, and control that will conduce to his welfare and best interests of the State, and that when he is removed from the control of his parents, the court shall secure for him care as nearly as possible equivalent to that which they should have given him.

Concurrent Planning

Statute: S.C. Code Ann. § 20-7-763(D) (WESTLAW through End of 2000 Reg. Sess.)

Law:

The department may proceed with efforts to place a child for adoption or with a legal guardian concurrently with making efforts to prevent removal or to make it possible for the child to return safely to the home.