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Bill

S 858

Foster Care

2025-2026 Regular Session Introduced by Tom Young

Creates a centralized Foster Care Review Division with standardized local boards, enhanced cooperation, and funded support to oversee and improve foster care reviews.

Effective date 05/18/26
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WeVote Research Nonpartisan
Bill Summary · S 858

Purpose and overall intent

  • S.858 (2025-2026) from South Carolina aims to reform the state’s foster care review system by reorganizing the governing structure, clarifying appointment and staffing procedures, enhancing local boards’ operations, and expanding cooperation and training requirements. The bill consolidates a new Division for Review of the Foster Care of Children within the Department of Children's Advocacy and sets standards for local review boards and their interaction with public and private agencies involved in foster care.

Key provisions and changes

  • Creation and structure (Section 63-11-700):

    • Establishes the Division for Review of the Foster Care of Children Foster Care Review Division within the Department of Children's Advocacy.
    • The division is governed by a seven-member board, all past or present local review board members, with one member from each congressional district.
    • Board appointments are made by the Governor with Senate advice and consent.
    • Terms are four years; members can serve consecutive terms but cannot remain on the board in a holdover status beyond 180 days.
    • The board elects a chairman for a two-year term; a quorum is five members.
    • Requires quarterly meetings and allows the board to make recommendations to the Governor and General Assembly; recommendations are included in the department’s annual report.

  • Local boards (Section 63-11-710):

    • Creates local review boards in each judicial circuit (sixteen in total), with five members per board appointed for four-year terms by the Governor upon legislative delegation recommendations.
    • If local delegations fail to recommend within 90 days, circuits may propose replacements.
    • Local board members must reside in the circuit; local boards elect their chairman.
    • Provides for removal of local board members for specified misconduct and requires due process with local delegation consent for removals.
    • Grants the state board authority to create or dissolve local boards based on workload or necessity; dissolution requires majority local delegation consent.
    • Specifies circuit-specific appointment rules including special provisions for Dorchester, Georgetown, and the Fifth Judicial Circuit (Kershaw County delegation involvement).

  • Meetings and staffing (Section 63-11-740):

    • Local boards must conduct meetings within their judicial circuits.
    • The department must provide administrative and technical assistance and fund staff for local boards through the annual state appropriations act.
    • Local board members (or substitutes) may receive mileage, per diem, and subsistence; non-compensation for service is noted, with allowances for substitutes to achieve quorum.

  • Liability protection and training (Section 63-11-760):

    • Local review board members are protected from damages for personal injury if they participate in a department-conducted training program, act in good faith, and do not engage in gross negligence, recklessness, wilfulness, or wanton conduct.

  • Cooperation and records (Section 63-11-770):

    • Requires all public and private agencies providing or arranging foster care services, and all public agencies serving children in foster care, to cooperate and make records accessible for review as requested by the department, the state board, or local review boards.

  • Effective date (Section 6):

    • The act takes effect upon the Governor’s approval.

Who/what would be affected

  • State-level: Department of Children's Advocacy; the Foster Care Review Division and its director.
  • Local level: Sixteen local foster care review boards (one per judicial circuit) and their members, staff, and chairpersons.
  • Public/private agencies and facilities: Organizations that provide, arrange, or support foster care for children, as well as public agencies offering related services, due to enhanced review access and cooperative requirements.
  • Legislative and judicial stakeholders: The Governor, General Assembly, family court judges, and local legislative delegations involved in appointments and potential board dissolutions/creations.

Procedural and timeline aspects

  • Term and appointment cadence: Four-year terms for board and local board members; Governor appointments with Senate advice and consent; vacancies filled for unexpired terms.
  • Meetings: Local boards must meet within their circuits; the state division requires quarterly meetings and annual reporting.
  • Staffing funding: Local boards’ staff and administration are funded through annual general appropriations.
  • Removal and governance: Clear due-process framework for removals of local board members; potential reorganization of local boards based on workload and necessity.
  • Training requirement: Training program provided by the department is a prerequisite for liability protection.

Overall, the bill strengthens governance, standardizes local oversight, increases departmental support for local boards, and broadens cooperative oversight across public and private foster-care-related entities.

Compiled from official sources — confirm details with the bill’s official record.

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