H*2584 Session 105 (1983-1984)
H*2584(Rat #0303, Act #0285 of 1984) General Bill, By P. Evatt, D.M. Beasley and
Wilkins
Similar(S 263)
A Bill to amend Subarticle 3 of Article 11 of Chapter 7 of Title 20, Code of
Laws of South Carolina, 1976, relating to termination of parental rights to
abandoned or abused children pursuant to the South Carolina Children's Code so
as to provide for the Family Court to have exclusive jurisdiction over all
proceedings involving termination of parental rights, venue, and parties in
proceedings involving termination of parental rights, the contents of a
petition for termination of parental rights, service of a summons and petition
for termination of parental rights, determination by the Family Court Judge as
to whether it is necessary for the parent or child to be represented by
counsel, the grounds upon which the Family Court may order the termination of
parental rights, disposition of the proceedings, and certain action to be
taken after termination of parental rights, the effect of an order terminating
the relationship between parent and child, liberal construction of Subarticle
3 to ensure prompt judicial procedures for freeing minor children, to ensure
confidentiality of court records of the proceedings, and the provisions of
Subarticle 3 not to modify or supersede the general adoption laws of this
State.-amended title
02/24/83 House Introduced and read first time HJ-1175
02/24/83 House Referred to Committee on Judiciary HJ-1175
01/10/84 House Committee report: Favorable with amendment
Judiciary HJ-298
01/12/84 House Amended HJ-416
01/12/84 House Read second time HJ-421
01/13/84 House Read third time and sent to Senate HJ-454
01/17/84 Senate Introduced and read first time
01/17/84 Senate Referred to Committee on Judiciary
02/01/84 Senate Committee report: Favorable Judiciary SJ-529
02/02/84 Senate Read second time SJ-568
02/14/84 Senate Read third time and enrolled SJ-636
03/01/84 Ratified R 303
03/05/84 Signed By Governor
03/05/84 Effective date 03/05/84
03/05/84 Act No. 285
03/20/84 Copies available
(A285, R303, H2584)
AN ACT TO AMEND SUBARTICLE 3 OF ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO TERMINATION OF PARENTAL RIGHTS TO ABANDONED
OR ABUSED CHILDREN PURSUANT TO THE SOUTH CAROLINA CHILDREN'S CODE SO AS TO
PROVIDE FOR THE FAMILY COURT TO HAVE EXCLUSIVE JURISDICTION OVER ALL PROCEEDINGS
INVOLVING TERMINATION OF PARENTAL RIGHTS, VENUE, AND PARTIES IN PROCEEDINGS
INVOLVING TERMINATION OF PARENTAL RIGHTS, THE CONTENTS OF A PETITION FOR
TERMINATION OF PARENTAL RIGHTS, SERVICE OF A SUMMONS AND PETITION FOR TERMINATION
OF PARENTAL RIGHTS, DETERMINATION BY THE FAMILY COURT JUDGE AS TO WHETHER IT IS
NECESSARY FOR THE PARENT OR CHILD TO BE REPRESENTED BY COUNSEL, THE GROUNDS UPON
WHICH THE FAMILY COURT MAY ORDER THE TERMINATION OF PARENTAL RIGHTS, DISPOSITION
OF THE PROCEEDINGS, AND CERTAIN ACTION TO BE TAKEN AFTER TERMINATION OF PARENTAL
RIGHTS, THE EFFECT OF AN ORDER TERMINATING THE RELATIONSHIP BETWEEN PARENT AND
CHILD, LIBERAL CONSTRUCTION OF SUBARTICLE 3 TO ENSURE PROMPT JUDICIAL PROCEDURES
FOR FREEING MINOR CHILDREN, TO ENSURE CONFIDENTIALITY OF COURT RECORDS OF THE
PROCEEDINGS, AND THE PROVISIONS OF SUBARTICLE 3 NOT TO MODIFY OR SUPERSEDE THE
GENERAL ADOPTION LAWS OF THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
Termination of parental rights
SECTION 1. Subarticle 3 of Article 11, Chapter 7, of Title 20 of the 1976 Code,
as added by Act 71 of 1981, is amended to read:
"SUBARTICLE 3
TERMINATION OF PARENTAL RIGHTS
Section 20-7-1560. The purpose of this subarticle is to establish procedures for
the reasonable and compassionate termination of parental rights where children
are abused, neglected, or abandoned in order to protect the health and welfare
of such children and make them eligible for adoption by persons who will provide
a suitable home environment and the love and care necessary for a happy,
healthful, and productive life.
Section 20-7-1562. The Family Court has exclusive jurisdiction over all
proceedings held pursuant to this subarticle. For purposes of this subarticle
jurisdiction may continue until the child becomes eighteen years of age, unless
emancipated earlier.
Venue exists in the county where the child resides.
Section 20-7-1564. A petition seeking termination of parental rights may be
filed by the child protective services agency or any interested party.
Section 20-7-1566. A petition for the termination of parental rights must set
forth:
(1) The basis of the court's jurisdiction;
(2) The name, sex, date, and place of birth of the child, if known;
(3) The name and address of the petitioner and the petitioner's relationship
to the child;
(4) The names, dates of birth, and addresses of the parents, if known;
(5) The names and addresses of any:
(i) Legal guardian of the child; or
(ii) Person or agency having legal custody of the child; and
(6) The grounds on which termination of parental rights are sought and the
underlying factual circumstances.
Section 20-7-1568. A summons and petition for termination of parental rights
must be filed with the court and served on the parties below:
(1) The child;
(2) The parents of the child; and
(3) Any agency with placement or custody of the child.
Section 20-7-1570. If the parent is not represented by counsel, the judge shall
make a determination on a case by case basis whether counsel is required. If the
parent is indigent and counsel is not appointed, the judge shall enter on the
record the reasons counsel was not required.
Any child subject to any judicial proceeding under this subarticle must be
appointed a guardian ad litem by the Family Court. If the guardian ad litem
finds that appointment of counsel is necessary to protect the rights and
interests of the child, an attorney must be appointed.
Section 20-7-1572. The Family Court may order the termination of parental rights
upon a finding of one or more of the following grounds:
(1) The child or another child in the home has been harmed as defined in
Section 20-7-490 (C), and because of the severity or repetition of the abuse or
neglect, it is not reasonably likely that the home can be made safe within twelve
months. In determining the likelihood that the home can be made safe, the
parent's previous abuse or neglect of the child or another child in the home may
be considered; or
(2) The child has been removed from the parent pursuant to Section 20-7-736,
has been out of the home for a period of six months, and despite a reasonable and
meaningful effort by the agency to offer appropriate rehabilitative services, the
parent has not remedied the conditions which caused the removal; or
(3) The child has lived outside the home of either parent for a period of six
months, and during that time the parent has wilfully failed to visit the child.
The court may attach little or no weight to incidental visitations, but it must
be shown that the parent was not prevented from visiting by the party having
custody or by court order. The distance of the child's placement from the
parent's home must be taken into consideration when determining the ability to
visit; or
(4) The child has lived outside the home of either parent for a period of six
months, and during that time the parent has wilfully failed to support the child.
Failure to support means that the parent has failed to make a material
contribution to the child's care when contribution has been requested by the
custodian of the child. A material contribution consists of either financial
contributions according to the parent's means or contributions of food, clothing,
shelter, or other necessities for the care of the child according to the parent's
means; or
(5) The presumptive legal father is not the biological father of the child,
and the welfare of the child can best be served by termination of the parental
rights of the presumptive legal father; or
(6) The parent has a diagnosable condition unlikely to change within a
reasonable time such as alcohol or drug addiction, mental deficiency, mental
illness, or extreme physical incapacity, and the condition makes the parent
unlikely to provide minimally acceptable care of the child.
Section 20-7-1574. If the court finds that a ground for termination, as
described in Section 20-7-1572, exists it may issue an order forever terminating
parental rights to the child.
Where the petitioner is an authorized agency, the court shall place the child
in the custody of the petitioner or other child-placing agency for adoption and
shall require the submission of a plan for permanent placement of the child
within ninety days after the close of the proceedings to the court and to the
child's guardian ad litem. Within an additional ninety days thereafter the
agency shall submit a report to the court and to the guardian ad litem on the
implementation of the plan. The court, on its own motion, may schedule a hearing
to review the progress of the implementation of the plan.
Section 20-7-1576. An order terminating the relationship between parent and
child under this subarticle divests the parent and the child of all legal rights,
powers, privileges, immunities, duties, and obligations with respect to each
other, except the right of the child to inherit from the parent. A right of
inheritance is terminated only by a final order of adoption.
The relationship between a parent and child may be terminated with respect to
one parent without affecting the relationship between the child and the other
parent.
Section 20-7-1578. This subarticle must be liberally construed in order to
ensure prompt judicial procedures for freeing minor children from the custody and
control of their parents by terminating the parent-child relationship. The
interests of the child shall prevail if the child's interest and the parental
rights conflict.
Section 20-7-1580. All papers and records pertaining to a termination of
parental rights are confidential and all court records must be sealed and opened
only upon order of the judge for good cause shown.
Section 20-7-1582. The provisions of this subarticle do not, except as
specifically provided, modify or supersede the general adoption laws of this
State."
Existing law applies to present action
SECTION 2. (A) Any cause of action pending on the effective date of this act
may continue under the provisions of law which existed prior to this act.
(B) If any time periods or portions of time periods required under this act
have accrued on the effective date of this act, a party may petition for relief
in accordance with these provisions.
Effective date
SECTION 3. This act shall take effect upon approval by the Governor. |