South Carolina General Assembly
122nd Session, 2017-2018

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Indicates Matter Stricken
Indicates New Matter

S. 133

STATUS INFORMATION

General Bill
Sponsors: Senators Campsen and Malloy
Document Path: l:\council\bills\cc\15025vr17.docx

Introduced in the Senate on January 10, 2017
Currently residing in the Senate Committee on Judiciary

Summary: Jurisdiction of Family Court

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/13/2016  Senate  Prefiled
  12/13/2016  Senate  Referred to Committee on Judiciary
   1/10/2017  Senate  Introduced and read first time (Senate Journal-page 78)
   1/10/2017  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 78)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/13/2016

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 63-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE FAMILY COURT TO ESTABLISH A RECOVERY COURT PROGRAM IN EACH JUDICIAL CIRCUIT; AND TO AMEND SECTION 63-7-1690, AS AMENDED, RELATING TO PLACEMENT PLANS IN CHILD ABUSE AND NEGLECT CASES IN WHICH SUBSTANCE ABUSE IS A BASIS FOR REMOVAL, SO AS TO PROVIDE THAT THE FAMILY COURT IS ALLOWED TO PERMIT A PARENT TO PARTICIPATE IN A RECOVERY COURT PROGRAM OPERATED BY THE DEPARTMENT OF SOCIAL SERVICES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 63-3-530(A) of the 1976 Code, as last amended by Act 270 of 2014, is further amended by adding an appropriately numbered item at the end to read:

"(47)    to establish a recovery court program in each judicial circuit in which the court may allow, as a part of a placement plan ordered pursuant to Section 63-7-1680, the Department of Social Services to offer a parent whose child has been removed from the family pursuant to abuse and neglect allegations based upon drug or alcohol abuse an opportunity to apply to participate in a program with the court for recovery from drug and alcohol addiction, during which the parent voluntarily agrees that:

(a)    the child will be placed in foster care until the parent has:

(i)        demonstrated sufficient progress to take possession of the child without risking the child harm; or

(ii)    graduated from, dropped out of, or been expelled from the program; and

(b)    if the parent drops out of or has been expelled from the program, proceedings to terminate the parent's parental rights may be initiated by the department pursuant to Section 63-7-2570(6)."

SECTION    2.    Section 63-7-1690 of the 1976 Code, as last amended by Act 281 of 2014, is further amended to read:

"Section 63-7-1690.    (A)    When the conditions justifying removal pursuant to Section 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 Section 63-7-1680:

(A)    require as a part of the placement plan ordered pursuant to Section 63-7-1680:

(1)    the parent to 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;

(2)    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 to successfully complete a treatment program approved by the department before return of the child to the home; and

(3)    the parent or other adult, or both, identified in item (2), or both, to 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 identified in item (2) 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. Results of tests ordered pursuant to this section must be submitted to the department and are admissible only in family court proceedings brought by the department; or

(B)    Results of tests ordered pursuant to this section must be submitted to the department and are admissible only in family court proceedings brought by the department. permit, as a part of the placement plan ordered pursuant to Section 63-7-1680, the Department of Social Services to offer the parent the opportunity to apply to participate in the recovery court program as established by Section 63-3-530(A)(47). Any tests ordered pursuant to the recovery court program are admissible only in the recovery court or family court proceedings brought by the department."

SECTION    3.    This act takes effect upon approval by the Governor.

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This web page was last updated on January 12, 2017 at 9:30 AM