1. A. Policy and Application.

   1. (1) When applying the standards outlined in these regulations, the department prioritizes assessment of child and family strengths and needs, and aids in meeting identified needs and overcoming barriers to licensure to the extent reasonably possible.
   2. (2) Regulation 114-551 applies to decisions related to licensing kin, kinship foster family homes, and kinship adoptive homes. In accordance with S.C. Code Section 63-7-910(D), private agencies that license homes to receive children who are the legal custody of the department shall apply and enforce these regulations in the same manner as the department and in accordance with state and federal law. Kin, kinship foster family, and kinship adoptive homes licensed in accordance with these regulations receive the same benefits and services provided to unrelated licensed foster and adoptive parents and homes, including financial support and other supportive services.

2. B. Nondiscrimination Statement.

   In accordance with the Federal Multiethnic Placement Act (MEPA), the Department of Social Services must not deny to any individual the opportunity to become a foster or adoptive parent based on the race, color, or national origin of the individual, or of the child. MEPA also provides that this law shall not be construed to adversely affect the application of the Indian Child Welfare Act, which contains preferences for the placement of eligible American Indian and Alaska Native Children in foster care, guardianship, or adoptive homes. Further, the department must not discriminate regarding the application or licensure of a kinship foster family or kinship adoptive family on the basis of age, disability, religion, sexual orientation, gender identity, or marital status.

3. C. Definitions.

   1. (1) “Court” means the family court.
   2. (2) “Department” means the South Carolina Department of Social Services.
   3. (3) “FBI” means Federal Bureau of Investigation.
   4. (4) “Kinship foster family home” means the private home of an individual or family that is licensed by the department and in which a child in foster care has been placed in the care of an individual; who resides with the child; who has been licensed by the department to be a foster parent that the department deems capable of adhering to the reasonable and prudent parent standard defined in S.C. Code Section 63-7-20; that provides 24-hour substitute care for children placed away from their parents or other caretakers; and that provides care for children subject to capacity limitations set forth in S.C. Code Section 63-7-2400.
   5. (5) “Household member” means any kin or nonrelative age 18 or older who regularly lives, shares common areas, and sleeps in the home. An individual who is living, sharing common areas, and sleeping in the home temporarily for more than 2 consecutive weeks is considered a household member.
   6. (6) “Kin” means an individual who is related by blood, marriage, tribal custom, and/or adoption. The term also includes fictive kin, meaning other individuals who have an emotionally significant relationship with the child, child’s parents, or extended family members.
   7. (7) “Kinship foster care” means 24-hour substitute care for a child who is in the legal custody of the department in the home of kin away from the child’s parents or guardians.
   8. (8) “Kinship adoptive parent” means kin who is seeking or who has adoptive placement of a child in foster care.
   9. (9) “Kinship adoptive placement” means by signed written agreement between kin and the department, a child has been placed in the home of licensed kin for the purpose of adoption.
   10. (10) “Kinship foster parent” means kin who is seeking licensure to provide or who is licensed to provide placement, care, and supervision for a child in foster care.
   11. (11) “Legal custody” means the right to the physical custody, care, and control of a child; the right to determine where the child shall live, the right and duty to provide protection, food, clothing, shelter, ordinary medical care, education, supervision, and discipline for a child and in an emergency to authorize surgery or other extraordinary care. The court may in its order place other rights and duties with the legal custodian. Unless otherwise provided by court order, the parent or guardian retains the right to make decisions of substantial legal significance affecting the child, including consent to marriage, enlistment in the armed forces, and major nonemergency medical and surgical treatment, the obligation to provide financial support or other funds for the care of the child, and other residual rights or obligations as may be provided by order of the court.
   12. (12) “License or licensed” means in accordance with these regulations, the department has approved, verified, or certified, the individual and the foster family or adoptive home to receive a child who is in the legal custody of the department for placement, care, and supervision. Such persons receive the benefits of licensure, including financial assistance and other supportive services.
   13. (13) “Provisional license” or “provisionally licensed” means in accordance with these regulations, under extenuating or emergent circumstances, the department has temporarily approved, verified, or certified the individual and the foster family home to receive a child who is in the legal custody of the department for placement, care, and supervision. Such persons receive the benefits of licensure, including financial assistance and other supportive services.
   14. (14) “SLED” means State Law Enforcement Division.

   When used in these regulations and unless specific context indicates otherwise:

4. D. Applications.

   1. (1) Kin shall complete an application in a format provided by the department. The completion of the application initiates the licensing process. Kin who are licensed to provide foster care need not complete another application to be licensed as a kinship adoptive parent, but must indicate their desire to become a kinship adoptive parent in writing in a format provided by the department.
   2. (2) In addition to the application process stated above to initiate the licensing process, the licensing process may also be initiated when the department receives a court order approving placement with kin as being in a child’s best interest. Upon receiving the court order approving placement, the department may license kin who otherwise meet the standards outlined in these regulations.
   3. (3) The department shall make a decision regarding licensure within 90 days of the date the department receives a completed application or a court order approving placement. This period may be extended by the State Director or the State Director’s designee, upon a showing of good cause.
   4. (4) The department may request and consider additional information as necessary during the licensing process and to promote a kinship foster parent or kinship adoptive parent meeting the needs of the child. Additionally, case-by-case, the department may waive any licensing standard that is not a safety element.

5. E. Licenses.

   1. (1) The department shall issue a license when all requirements found in these regulations are met.
   2. (2) A license is not transferrable as to the kin or the kinship foster or kinship adoptive home.
   3. (3) Licensure by more than one agency, organization, or division, is prohibited.
   4. (4) Once issued, a license to provide kinship foster care remains in effect and need not be renewed. However, criminal background, sex offender registry, and child protective services background checks must be updated as set forth in subparagraph (G).
   5. (5) Once issued, a license to provide kinship adoptive placement remains in effect and need not be renewed. However, criminal background, sex offender registry, and child protective services background checks must be updated as set forth in Subparagraph (G). Other investigations, assessments, reports, and updates necessary to finalize adoption shall be governed by the South Carolina Adoption Act.
   6. (6) A license shall not be issued or maintained if licensing requirements are not met, or standards of care have not been maintained as prescribed within these regulations, or if in the opinion of the department, it would be detrimental to place a child in the home.

6. F. Provisional Licensure and Emergency Placement.

   1. (1) The department may issue a provisional license for kinship foster care and place a minor child in the home of a kinship foster parent on an emergency basis if all the following conditions are met:

      1. (a) The kinship foster parent is 18 years of age or older;
      2. (b) The child is in the legal custody of the department;
      3. (c) The kinship foster parent and other adult household members attest in writing on a form provided by the department that the kinship foster parent and adult household members have no criminal history or history of child abuse or neglect, the desire to become a licensed kinship foster parent, and the kinship foster parent and adult household members consent to records checks as stated in this subparagraph.
      4. (d) As soon as possible, the department shall confirm the information supplied in the statement referenced above by checking the South Carolina Central Registry of Child Abuse and Neglect, other relevant department records, county sex offender registries, and records for the preceding 5 years of law enforcement agencies in the jurisdiction in which the kin or other person currently resides and, to the extent reasonably possible, other jurisdictions in which the kin resided during that period. The department must not agree to or acquiesce in a placement if the statements or records reveal information indicating there is a significant risk that the child would be threatened with abuse or neglect in the home of the kin.
      5. (e) A preliminary visual inspection to assess the safety of the home has yielded no safety concerns.
      6. (f) A preliminary assessment of the kinship foster parent reveals that the kinship foster parent is capable of meeting the needs of the child.
      7. (g) For provisional licensure and emergency placements of American Indian and Alaska Native children, the department should work closely with tribal and urban Indian organizations that have expertise in recruiting and licensing tribal foster family homes.
      8. (h) A provisional license remains in effect for no more than 90 days, unless the State Director or the State Director’s designee determines there is good cause to extend the period.
   2. (2) During the period of provisional licensure, a provisionally licensed kinship foster parent shall receive the same benefits and services received by a licensed kinship foster parent, including financial support and other supportive services.

7. G. Background Checks.

   1. (1) Kin applying for licensure to become a kinship foster or kinship adoptive home and household members must undergo a state fingerprint-based background check to be conducted by SLED to determine any state criminal history and a fingerprint-based background check to be conducted by the FBI to determine any other criminal history. No child may be placed in a kinship foster family or kinship adoptive home with kin or any household member who:

      1. (a) Has pled guilty or nolo contendere to or has been convicted of:

         1. (i) An ‘Offense against the Person’ as provided for in Chapter 3, Title 16;

         2. (ii) An ‘Offense against Morality or Decency’ as provided for in Chapter 15, Title 16;

            (iii) Contributing to the delinquency of a minor as provided for in Section 16-17-490;

         3. (iv) 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;
         4. (v) Criminal domestic violence as defined in Section 16-25-20;

         5. (vi) Criminal domestic violence of a high and aggravated nature as defined in Section 16-25-65;

            (vii) A felony drug-related offense under the laws of this State;

            (viii) Unlawful conduct toward a child as provided for in Section 63-5-70;

         6. (ix) Cruelty to children as provided for in Section 63-5-80;
         7. (x) Child endangerment as provided for in Section 56-5-2947; or
         8. (xi) Criminal sexual conduct with a minor in the first degree as provided for in Section 16-3-655(A).
      2. (b) Kin and household members who have been convicted of a criminal offense similar in nature to a crime enumerated in subparagraph (G)(1)(a), when the crime was committed in another jurisdiction or under federal law, are subject to the restrictions set out in this section.
      3. (c) This section does not exclude kin or any household member when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in subparagraph (G)(1)(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 person is unfit or otherwise unsuited to provide kinship foster care or kinship adoptive placement.
      4. (d) The department shall check the National Sex Offender Registry and the State Sex Offender registry for kinship foster parents, kinship adoptive parents, all household members, and children 12 and older who regularly live, share common areas, and sleep in the home. No child may be placed in the kinship foster family or kinship adoptive home if the names of kin or an adult household member appear on a sex offender registry.
      5. (e) Notwithstanding placement prohibitions based upon criminal background described in subparagraph (G), in the discretion of the department when it is in a child’s best interest, a child may be placed in the foster family or adoptive home of kin who have been convicted of or plead guilty or nolo contendere to a criminal offense found in subparagraph (G)(1)(a) that would otherwise exclude the kin as a foster or adoptive home placement, if more than 5 years have elapsed since the conviction, guilty plea, or nolo contendere plea and the criminal offense was not a violent crime defined in Section 16-1-60 or a felony involving violence including, but not limited to child abuse and neglect, domestic violence, or any crime against a child.
   2. (2) Prior to licensure, kinship foster parents, kinship adoptive parents, and any household members must undergo a check of the State Central Registry of Child Abuse and Neglect, department records, and the equivalent registry system check for each state in which the person has resided in the previous five years. No child may be placed in the kinship foster home or adoptive home of a person or household member who has a substantiated history of child abuse or neglect.
   3. (3) After initial licensure, on an annual basis, kinship foster parents, kinship adoptive parents, and household members shall undergo a background check conducted by SLED, a check of the State Central Registry of Child Abuse and Neglect and department records, and the equivalent registry system check for each state in which the person has resided in the previous 5 years to confirm persons still meet the requirements of subparagraph (G). On an annual basis, kinship foster parents, kinship adoptive parents, household members, and children 12 years of age and older who regularly live, share common areas, and sleep in the home must also undergo a check of the National Sex Offender Registry and a check of the State Sex Offender Registry to confirm persons continue to meet the requirements of subparagraph (G). Kinship foster parents, kinship adoptive parents, and household members need not undergo an annual background check conducted by SLED if SLED has otherwise provided current information to the department concerning arrests, convictions, dispositions, warrants, and other information in accordance with authority granted in S.C. Code Section 63-7-2340.
   4. (4) After initial licensure, a fingerprint review conducted by the FBI shall be repeated every 5 years for kinship foster parents, kinship adoptive parents, and household members to confirm these persons continue to meet the requirements of subparagraph (G). Kinship foster parents, kinship adoptive parents, and household members need not repeat FBI fingerprint-based background checks if the FBI has otherwise provided current information to the department concerning arrests, convictions, dispositions, warrants, and other information in accordance with authority granted in S.C. Code Section 63-7-2340.

8. H. Caregiver Suitability Assessment.

   1. (1) The department must assess the ability of the kinship foster parent or kinship adoptive parent to meet all physical, emotional, medical, and educational needs of the child over time.

   2. (2) General Eligibility Standards:

      1. (a) Kinship foster parents and kinship adoptive parents must be at least 18 years of age.
      2. (b) Kinship foster parents and kinship adoptive parents must present verification of identity by an acceptable method, including, but not limited to, a driver’s license, United States passport, state-issued identification card, school issued identification card, health benefits identification card, voter registration card, wage stub, or birth certificate.
      3. (c) Kinship foster parents and adoptive parents must have adequate resources to maintain the household, for example, earned or unearned income, non-monetary assistance, or benefits.
      4. (d) Kinship foster parents and kinship adoptive parents must be in reasonably good health and capable of providing developmentally appropriate care for the child for whom placement is sought. The primary caregiver must be able to perform or perform with assistance all activities of daily living, for example, preparing meals, housekeeping, shopping for groceries, and providing age and developmentally appropriate care for the child being placed in the home. Kinship foster parents and kinship adoptive parents shall disclose physical and mental health and substance use concerns and treatment. The department may require assessment or evaluation, third-party verification of conditions and treatment, or other information necessary to alleviate identified health concerns.
      5. (e) There is a rebuttable presumption that prospective kinship foster parents who are married and kinship adoptive parents who are married shall apply for licensure with the spouse; however, this presumption may be rebutted by a plausible explanation suggesting it is in the child’s best interests to proceed with licensure of one person.

9. I. Safety and Needs Assessment.

   1. (1) The department must assess and evaluate the safety of the living space of a prospective kinship foster parent or kinship adoptive parent to identify the need for concrete goods or safety-related modifications.

   2. (2) The prospective kinship foster parent or kinship adoptive parent must be able to provide an adequate number of safe sleep spaces for the child being placed, to include:

      1. (a) Adequate sleep spaces and bedding;
      2. (b) For a child under 12 months, sleep space accommodations for an infant with appropriately sized bedding, free of blankets and other items like pillows and stuffed animals. Bedding options include, but are not limited to, a bassinet, crib, pack and play, Native American baby board, or baby box;
      3. (c) For children over 12 months, based on age and development, options include, but are not limited to, a bed, bunk bed, sleeper sofa, futon, air mattress, or temporarily, a couch. Toddlers (ages 1-3) may continue to sleep in a crib or pack and play;
      4. (d) The department advises against utilization of top bunks for children under the age of 6;
      5. (e) Consideration must be given to a child’s preferences and privacy needs, including use of a locked room to change clothes, curtains, and room dividers;
      6. (f) Bed or room sharing must take into consideration cultural or community standards, needs of the child and family, as well as support necessary to heal from trauma;
      7. (g) It is permissible to utilize rooms, other than bedrooms, as sleeping spaces; however, any room occupied by a child must have a window that is large enough for egress, permanently affixed walls, and flooring that is acceptable as living space;
      8. (h) Children must sleep within calling distance of kin. No child may sleep in a detached building, unfinished basement or unfinished attic; and
      9. (i) For infants 0-12 months, the department shall provide safe sleep guidelines to kinship foster parents and kinship adoptive parents.
   3. (3) Kinship foster parents and kinship adoptive parents must have a reliable plan for transportation to meet the needs of the child and required safety seats to meet the needs of the child.
   4. (4) The home must have at least one unobstructed entrance and exit on each floor of living space, including unblocked doors, large enough for each child to enter and exit, and exit outside.
   5. (5) The home and grounds must be free of observable health, sanitation, safety, and fire hazards. Existent health, sanitation, safety, and fire hazards, for example, overflowing garbage, uncontained pet waste, mold, peeling lead paint, excessive debris, exposed wires or electrical outlets, flammable materials within 3 feet of a fire source like a space heater or wood stove, and multiple connected extension cords must be resolved.
   6. (6) Tools and hazardous materials, like power or yard tools, cleaning supplies, pesticides, gasoline, alcohol, prescription and over-the-counter medications, and tobacco, must be stored out of reach of children in accordance with the age, development, and other needs of the child.
   7. (7) The home must have kitchen facilities for the preparation of meals and food storage, or the kinship foster parent or kinship adoptive parent must have other means of providing meals and storing food.
   8. (8) The home must have safe drinking and bathing water. Indoor plumbing is not required; however, children placed in the home must have access to a toileting space.
   9. (9) Heating and cooling methods must be appropriate to the climate, including, but not limited to, ceiling and floor fans, portable and window air conditioning units, use of open doors or windows to create cross-ventilation, kerosene and propane heaters, space heaters, and wood burning stoves. Lighting must be appropriate to the needs of the kinship foster parent or kinship adoptive parent and the child.
   10. (10) The home must be free of insect and rodent infestation.
   11. (11) Outdoor spaces that a child will access must be safe in accordance with the child’s age and development.
   12. (12) Kinship foster parents and kinship adoptive parents shall provide supervision appropriate to the child’s age and development when the child has access to any outdoor body of water.

   13. (13) The kinship foster parent or kinship adoptive parent must comply with the following standards concerning weapons:

       1. (a) Store weapons, including firearms, air guns, BB guns, hunting slingshots, and any other projectile in an inoperative condition in a locked area inaccessible to children;
       2. (b) Store all ammunition, arrows, or projectiles for weapons in a locked space separate from the weapons;
       3. (c) Kinship foster parents and kinship adoptive parents who are also law enforcement officials and can document that their employer, organization, or agency requires law enforcement officials to have ready and immediate access to their weapons may be exempt from these weapons requirements or the weapons requirements may be modified, provided the kinship foster parent or kinship adoptive parent follows a plan for the safe handling and storage of the weapon.

   14. (14) The kinship foster parent or kinship adoptive parent must have a plan for emergency preparedness, including:

       1. (a) Access to a working phone or a way in which to call for help, for example, cell phones, Wi-Fi calling, or shortwave radios;
       2. (b) The home must have properly functioning smoke detectors on each floor;
       3. (c) If the home has gas appliances, the home must have a carbon monoxide detector;
       4. (d) The home must have at least one readily accessible, operable fire extinguisher;

10. J. Licensing Decisions and Fair Hearings.

    1. (1) The department shall explain to kin any assessment and recommendations made pursuant to these regulations. If at any time the department is not recommending licensure, the department must give kin the opportunity to withdraw the application. If the kin does not withdraw the application, the department shall provide a written explanation of its decision and advise the kin of any right to appeal in accordance with the department’s fair hearing regulations.
    2. (2) If the matter is not otherwise being brought before the court for disposition, kin may appeal adverse decisions related to licensure in accordance with the department’s fair hearing regulations.

11. K. Delayed Effect.

    This regulation takes effect upon receipt of kinship foster program funding.

HISTORY: Added by SCSR 49-5 Doc. No. 5296, eff May 23, 2025.