(A) To be eligible for appointment as a probation counselor, an applicant must possess:

(1) a college degree involving special training in the field of social science or its equivalent;

(2) a personality and character as would render the applicant suitable for the functions of the office.

(B) Probation counselors shall live in districts as determined by the director. Each counselor periodically shall visit the schools under the supervision of the Department of Juvenile Justice and become familiar with the records, background, and needs of the children and shall make periodic reports to the school.

(C)(1) The duties of probation counselors include:

(a) conducting an investigation of the child and the child's home as may be required by the court;

(b) being present in court at the hearing of cases;

(c) furnishing to the court information and assistance as the judge may require; and

(d) taking charge of a child before and after hearings as may be directed by the court.

(2) During the probationary period of a child and during the time that the child may be committed to an institution or to the care of an association or person for custodial or disciplinary purposes, the child is always subject to visitation by the probation counselors or other agents of the court.

(D) A probation counselor who has successfully completed Class I or II law enforcement officer training and received a certificate from the South Carolina Law Enforcement Training Council pursuant to the provisions of Chapter 23, Title 23 has the authority, when commissioned by the department, in the execution of his duties, to take a child under the jurisdiction of the family court into custody pursuant to an order issued by the court directing that the child be taken into custody.

(E) In the performance of the duties of probation, parole, community supervision, and investigation, the probation counselor is regarded as the official representative of the court, the department, and the Juvenile Parole Board.

HISTORY: 2008 Act No. 361, Section 2; 2014 Act No. 225 (H.3958), Section 5, eff June 2, 2014.

Effect of Amendment

2014 Act No. 225, Section 5, in subsection (D), substituted "South Carolina Law Enforcement Training Council pursuant to the provisions of Chapter 23, Title 23" for "Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23".