1. (A) When the conditions justifying removal pursuant to Section 63-7-1660 include the addiction of the parent or abuse by the parent of controlled substances, the court may require as part of the placement plan ordered pursuant to Section 63-7-1680:

   1. (1) the parent to successfully complete a treatment program operated by the Office of Substance Use Services or another treatment program approved by the department before return of the child to the home;
   2. (2) any other adult person living in the home who has been determined by the court to be addicted to or abusing controlled substances or alcohol and whose conduct has contributed to the parent's addiction or abuse of controlled substances or alcohol to successfully complete a treatment program approved by the department before return of the child to the home; and
   3. (3) the parent or other adult, or both, identified in item (2) to submit to random testing for substance abuse and to be alcohol or drug free for a period of time to be determined by the court before return of the child. The parent or other adult identified in item (2) must continue random testing for substance abuse and must be alcohol or drug free for a period of time to be determined by the court after return of the child before the case will be authorized to be closed.
2. (B) Results of tests ordered pursuant to this section must be submitted to the department and are admissible only in family court proceedings brought by the department.

HISTORY: 2008 Act No. 361, SECTION 2; 2014 Act No. 281 (H.3102), SECTION 5, eff June 10, 2014.

Code Commissioner's Note

At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.

Effect of Amendment

2014 Act No. 281, SECTION 5, in subsections (A)(1), (A)(2), substituted "to successfully complete" for "successfully must complete"; and in subsection (A)(3), substituted "to submit" for "must submit", substituted "to be alcohol or drug free" for "must be alcohol or drug free", and substituted "authorized to be closed" for "authorized closed".