Adoption in South Carolina as an agency provides a chance for people as well as families to offer a stable and loving home for their children.

It is facilitated by the South Carolina Department of Social Services (SCDSS) and embraces both private and agency adoption thus providing care for children in the state.

Through infant adoption, adoption from foster care, or adopting a child with special needs, the adoption system of South Carolina works to ensure that the prospective parents get the best.

Fostering children with learning disabilities is even more essential because it offers a permanent family to some of the most helpless children in foster care.

Such children are more likely to experience difficulties in the placement process and are likely to have physical, emotional, or developmental difficulties. 

Challenges of special needs adoption are that families can open their hearts to adoption and make a very big difference in the life of a child who may not have been adopted.

Understanding of Special Needs in Adoption

A 2019-2020 national survey of families with children with special healthcare needs found that about 250,000 children in South Carolina (23%) under age 18 meet physical disabilities. 

This is not limited to physical impairment and encompasses a broad category of diseases that may impact a child’s health, emotional well-being, and development.

The state has to ensure that more resources and care are offered to families who are willing to take these children in due to the special needs that they may have.

What Does It Mean to Have ‘Special Needs’?

Special needs in adoption encompass several factors, including:

Physical Disabilities

Children with chronic diseases, those in wheelchairs, or any other form of disability that may warrant constant medical check-ups.

Emotional or Behavioral Issues

Such children may also have emotional or behavioral issues because of the trauma, abuse, or neglect they have suffered. 

These children may need to seek counseling or other help for emotional problems they may have.

Developmental Disabilities

This applies to children with learning disabilities, mental retardation, autism, Down’s syndrome, or FAS.

Older Age or Sibling Groups

Children who are over a certain age or those who are in groups with siblings may take time to be adopted and therefore they may be categorized as having special needs because of the extra attention that is needed to be given to them.

Requirements for Adopting a Special Needs Child in SC

To adopt a special needs child in South Carolina you have to meet certain legal and personal requirements to ensure that persons who adopt the child are ready to take the child in and provide for the child’s needs.

The state has put in place mechanisms of how it will place needy children with families that will be able to cater to them.

Legalities that prospective adoptive parents must meet

South Carolina adoption law sets forth several basic legal requirements for those looking to adopt, including:

Age

The age requirement for prospective adoptive families is that they should be aged 21 years and above for the adoption of a child in South Carolina.

Marital Status

There are no restrictions on age, marital status, sexual orientation, or relationship status of the persons who can adopt a child. 

In case the persons to be adopted are married, then both must consent to the adoption.

Residency

However, it is important to note that the adoption of a child in South Carolina is more preferred if the person is a resident of the state but this does not mean that a non-resident cannot adopt a child if they have been permitted to do so legally.

Background Check, Financial Requirement, Home Study Requirement

The state also investigates the background of the prospective parents as well as the home environment to determine whether the child will be safe and well taken care of. These include:

Criminal Background Checks

All the members of the household must also undergo criminal record checks for the sake of the child.

This includes a fingerprint check and any criminal record of the applicant especially if there are any records of child abuse or neglect charges.

Child Abuse Registry Checks

The South Carolina Department of Social Services (SCDSS) also checks the child abuse registry to ensure the applicant or anyone in the household has no record of abuse or negligence of children. 

Financial Stability

Adoptive parents do not have to be rich but they have to prove that they are financially stable enough to support the child.

Home Study

The home study is an important part of the adoption process where a licensed social worker pays a visit to the prospective parent’s home with a view to determining whether the environment is appropriate for the rearing of a child.

The process of adoption of special needs children in SC

To adopt a special needs child in South Carolina, there are many procedures that must be followed in order to guarantee the best for the child as well as for the adopting couple.

These steps may also appear quite complicated but they are meant to offer the right framework and help that is needed for adoption.

How to Start the Process of Adoption

To begin the adoption process, prospective adoptive parents must follow several key steps:

Attend an Information Session

Some agencies or SCDSS provide prospective parents with an orientation session informing them of all the aspects of adoption, the children available for adoption, and the needs of children in foster care.

Submit an Application

People who want to adopt or couples who are willing to adopt must fill out a questionnaire with either an adoption agency or SCDSS.

The application requires personal details, financial details, and legal details for assessing the applicant’s suitability.

Complete a Home Study

An important component of adoption, the home study contains interviews, criminal record checks, home assessments, and assessments of the family’s suitability.

This is done by a licensed social worker who evaluates the prospective parents’ capacity to address the special needs of the child.

Participate in Training

In South Carolina, adoptive parents of special needs children may be mandated to attend training sessions in order to enable them to deal with the special needs children adequately.

It is a useful opportunity to discuss the ways of proper child rearing, health care, and emotional assistance.

Match with a Child

After the approval of the family, the agency or the state selects a child that the family can manage and whom the family desires.

The child’s medical, emotional, and developmental needs will be assessed to determine if the family can meet the needs of the child in the special needs adoption.

Financial Assistance and Support in South Carolina

Considering that special needs children are those who may have medical or developmental needs throughout their childhood and early adulthood, adopting such a child in South Carolina can be a fulfilling process, but may also entail some financial issues.

To help with this, both state and federal programs provide resources in the form of money and services for adopted families.

State and Federal Financial Support for Families 

Families adopting special needs children in South Carolina may be eligible for various forms of financial aid: 

Adoption Assistance

The state of South Carolina has adopted policies that offer adoption assistance to cater to the cost of raising a special needs child. 

Most of these subsidies are offered until the child turns 18 (or 21 if the child is disabled).

The amount depends on the needs of the child and the situation in the family in which he or she is growing up.

Medicaid

Most of the kids with special needs adopted from foster care are covered by Medicaid. It assists in paying for doctors, hospitals, therapy, and prescription medications, among others.

Medicaid is a great source that can help to decrease the costs of managing chronic conditions and other long-term health concerns.

Federal Adoption Assistance

There is also the Adoption Assistance and Child Welfare Act wherein the federal government provides extra support to families adopting special needs children.

This encompasses monetary assistance and the provision of services such as counseling, education materials, and healthcare as well.

How Our Adoption Lawyers Can Help You

The process of adoption as a special child in South Carolina may be easier to deal with with the help of adoption attorneys. 

At Max Hyde Law Firm, we have professional attorneys to help clients through the process to ensure that they do not encounter any legal hitches.

Legal Advice

We will take you through the laws regarding special child adoption in South Carolina and what your roles and or responsibilities are.

Document Preparation

Our team will make sure all forms are properly filled and submitted to the court as and when required.

Representation

We will attend the court sessions for you and fight for the termination of the adoption process on your behalf.

Addressing Challenges

We will assist you in dealing with all the challenges that may occur in the course of the adoption process, including handling various family problems, or legal questions.

If you are thinking about adopting a special needs child, feel free to contact us at (864) 804-6330 to book a free consultation so we can help you build strong legal relationships.