Parental Substance Use as Child Abuse - South Carolina

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Citation: Ann. Code § 63-7-1660(F)

It is presumed that a newborn is an abused or neglected child as defined in § 63-7-20 and that the child cannot be protected from further harm without being removed from the custody of the mother upon proof of the following:

  • A blood or urine test of the child at birth or a blood or urine test of the mother at birth shows the presence of any amount of a controlled substance or a metabolite of a controlled substance, unless the presence of the substance or the metabolite is the result of medical treatment administered to the mother of the infant or the infant.
  • The child has a medical diagnosis of fetal alcohol syndrome.
  • A blood or urine test of another child of the mother or a blood or urine test of the mother at the birth of another child showed the presence of any amount of a controlled substance or a metabolite of a controlled substance, unless the presence of the substance or the metabolite was the result of medical treatment administered to the mother of the infant or the infant.
  • Another child of the mother has a medical diagnosis of fetal alcohol syndrome. 

This presumption may be rebutted by proof that the father or another adult who will assume the role of parent is available and suitable to provide care for the child in the home of the mother. The father or the other adult must be made a party to the action and subject to the court's order establishing the conditions for maintaining the child in the mother's home. This statutory presumption does not preclude the court from ordering removal of a child upon other proof of alcohol or drug abuse or addiction by the parent or person responsible for the child who has harmed the child or threatened the child with harm.

Citation: Ann. Code § 63-7-1690

When the conditions justifying removal, pursuant to § 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 § 63-7-1680, the following:

  • The parent must successfully complete a treatment program operated by the Department of Alcohol and Other Drug Abuse Services or another treatment program approved by the department before return of the child to the home.
  • 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, must successfully complete a treatment program approved by the department before return of the child to the home.
  • The parent or other adult, or both, must 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 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.

Citation: Ann. Code § 63-7-1940

At a hearing pursuant to § 63-7-1650 or 63-7-1660, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court shall order, without possibility of waiver by the department, that a person's name be entered in the Central Registry of Child Abuse and Neglect, if the court finds that there is a preponderance of evidence that the person gave birth to the infant; the infant tested positive for the presence of any amount of controlled substance, prescription drugs not prescribed to the mother, metabolite of a controlled substance; or the infant has a medical diagnosis of neonatal abstinence syndrome, unless the presence of the substance or metabolite is the result of a medical treatment administered to the mother of the infant during birth or to the infant.

Citation: Ann. Code § 44-53-378 

It is unlawful for a person who is age 18 or older to do any of the following:

  • Either directly or by extraction from natural substances, or independently by means of chemical processes, or both, unlawfully manufacture amphetamine, its salts, isomers, or salts of isomers; or methamphetamine, its salts, isomers, or salts of its isomers in the presence of a minor child
  • Knowingly permit a child to be in an environment where a person is selling, offering for sale, or having in such person's possession with intent to sell, deliver, distribute, prescribe, administer, dispense, manufacture, or attempt to manufacture amphetamine or methamphetamine
  • Knowingly permit a child to be in an environment where drug paraphernalia or volatile, toxic, or flammable chemicals are stored for the purpose of manufacturing or attempting to manufacture amphetamine or methamphetamine

A person who violates any of the above subsections, upon conviction, for a first offense must be imprisoned no more than 5 years or fined no more than $5,000, or both. Upon conviction for a second or subsequent offense, the person must be imprisoned no more than 10 years or fined no more than $10,000, or both.