The bill H. 5548 seeks to establish the South Carolina Indian Child Welfare Act by adding Chapter 23 to Title 63 of the South Carolina Code of Laws. It outlines specific requirements for child welfare proceedings involving Indian children, granting exclusive jurisdiction to Indian tribes in certain custody cases. The legislation mandates that state courts and the Department of Social Services follow particular inquiries and processes, including the requirement for courts to ascertain whether a child is an Indian child at the start of custody proceedings. Additionally, the bill makes the South Carolina Adoption Code inapplicable to the adoption of Indian children, with certain exceptions, and amends existing laws to ensure compliance with the new chapter.

Key provisions of the bill include definitions of terms related to child custody proceedings, the establishment of procedures for determining the best interests of Indian children, and the prioritization of placements with family members or tribal members. It emphasizes the need for active efforts to prevent family separation and introduces specific requirements for consent in voluntary termination of parental rights and foster care placements. The bill also outlines the criteria for determining "good cause" to deviate from placement preferences and clarifies the rights of parties involved in custody proceedings, including the right to examine court documents and the process for invalidating adoptions obtained through fraud or duress. Overall, the bill aims to enhance the protection and welfare of Indian children within the South Carolina child welfare system while ensuring their cultural identity is respected.

Statutes affected:
04/16/2026: 63-9-45, 63-15-302
Latest Version: 63-9-45, 63-15-302