S 0303 General Bill, By Leventis

Similar(S 227, H 3222)
 A BILL TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS
 REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED IF
 THE CHILD WHO IS THE SUBJECT OF THE ADOPTION PROCEEDING WAS CONCEIVED AS A
 RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND 20-7-1572, AS
 AMENDED, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO
 PROVIDE THAT IT IS A GROUND FOR TERMINATION OF PARENTAL RIGHTS IF THE CHILD
 WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST.

   01/19/05  Senate Introduced and read first time SJ-13
   01/19/05  Senate Referred to Committee on Judiciary SJ-13
   02/04/05  Senate Referred to Subcommittee: Ritchie (ch), Rankin,
                     Lourie, Scott

TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED IF THE CHILD WHO IS THE SUBJECT OF THE ADOPTION PROCEEDING WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT IT IS A GROUND FOR TERMINATION OF PARENTAL RIGHTS IF THE CHILD WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST.

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

SECTION    1.    Section 20-7-1695(A) of the 1976 Code, as last amended by Act 653 of 1988, is further amended to read:

"(A)    Notwithstanding the provisions of Section 20-7-1690, consent or relinquishment for the purpose of adoption is not required of the following persons:

(1)    a parent whose rights with reference to the adoptee have been terminated pursuant to Subarticle 3, Article 11, Chapter 7 of Title 20; or

(2)    a parent whom the family court finds to be mentally incapable of giving consent or relinquishment for the purpose of adoption and whom the court finds to be unlikely to provide minimally acceptable care of the adoptee and whose capacity is unlikely to be restored for a reasonable period of time, and, in the court's judgment, it would be detrimental to the adoptee to delay adoption. The court shall appoint a guardian ad litem for an incompetent parent for whom there has been no prior appointment and shall appoint independent counsel for an incompetent parent who is indigent. However, upon good cause shown, the court may waive the requirement for the appointment of independent counsel for an incompetent and indigent parent.;

(3)    the biological father of a child conceived as a result of criminal sexual conduct or incest."

SECTION    2.    Section 20-7-1572 of the 1976 Code, as last amended by Act 181 of 2004, is further amended by adding an appropriately numbered item to read:

"( )    The child was conceived as a result of criminal sexual conduct is grounds for terminating the rights of the biological father."

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