S.C. Code Ann. § 20-7-1642 – Restrictions on foster care placements with persons with history of child abuse or neglect or certain criminal convictions of pleas; exception where conviction, guilty plea or plea of nolo contendere pardoned

(A) No child may be placed in foster care with a person:
1. (1) with a substantiated history of child abuse or neglect; or
2. (2) who has pled guilty or nolo contendere to or who has been convicted of:
  1. (a) an "Offense Against the Person" as provided for in Chapter 3, Title 16;
  2. (b) an "Offense Against Morality or Decency" as provided for in Chapter 15, Title 16;
  3. (c) contributing to the delinquency of a minor as provided for in Section 16-17-490;
  4. (d) the common law offense of assault and battery of a high and aggravated nature when the victim was a person seventeen years of age or younger;
  5. (e) criminal domestic violence, as defined in Section 16-25-20;
  6. (f) criminal domestic violence of a high and aggravated nature, as defined in Section 16-25-65;
  7. (g) a felony drug-related offense under the laws of this State.
(B) A person who has been convicted of a criminal offense similar in nature to a crime enumerated in subsection (A) when the crime was committed in another jurisdiction or under federal law is subject to the restrictions set out in this section.
(C) This section does not prevent foster care placement when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in subsection (A) has been pardoned. However, notwithstanding the entry of a pardon, the department or other entity making placement or licensing decisions may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited to provide foster care services.