S*30 Session 104 (1981-1982)
S*0030(Rat #0150, Act #0102 of 1981) General Bill, By H.E. McDonald,
M.E. McDonald, E.J. Patterson and T.D. Wise
Similar(H 2062)
A Bill to amend Chapter 7 of Title 20, Code of Laws of South Carolina, 1976,
relating to care and support in domestic relations matters by adding
Subarticle 2 to Article 9 so as to enact the South Carolina Uniform Child
Custody Jurisdiction Act of 1981 which provides methods and procedures for the
courts of this State to follow in conjunction with the appropriate courts of
other states in order to resolve child custody disputes in the best interests
of the child concerned; to amend Chapter 7 of Title 20, by redesignating
certain Code Section numbers within the Chapter; to amend Section 20-7-420,
relating to the Family Court, so as to provide that jurisdiction of the Court
shall be exclusive in certain matters relating to children; to amend Section
20-7-2700, relating to child day care centers, so as to change the definition
of such centers; and to provide that adults sentenced under the provisions of
Chapter 7 of Title 20 of the 1976 Code to imprisonment of more than ninety
days may in the discretion of the Family Court serve such sentences in minimum
security facilities.-at
01/13/81 Senate Introduced and read first time SJ-57
01/13/81 Senate Referred to Committee on Judiciary SJ-57
01/28/81 Senate Committee report: Favorable Judiciary SJ-11
01/29/81 Senate Read second time SJ-16
02/03/81 Senate Read third time and sent to House SJ-14
02/04/81 House Introduced and read first time HJ-486
02/04/81 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-486
02/18/81 House Committee report: Recommended refer to different
committee Medical, Military, Public and
Municipal Affairs HJ-656
02/18/81 House Referred to Committee on Judiciary HJ-656
05/13/81 House Committee report: Favorable with amendment
Judiciary HJ-2352
05/20/81 House Amended HJ-2518
05/20/81 House Read second time HJ-2519
05/21/81 House Debate adjourned HJ-2592
05/21/81 House Reconsidered HJ-2593
05/21/81 House Amended HJ-2593
05/21/81 House Read third time HJ-2605
05/21/81 House Returned HJ-2605
05/28/81 Senate House amendment amended SJ-8
05/28/81 Senate Returned SJ-8
06/02/81 House Concurred in Senate amendment and enrolled HJ-2782
06/10/81 Senate Ratified R 150 SJ-8
06/15/81 Signed By Governor
06/15/81 Effective date 07/01/81
06/15/81 Act No. 102
06/25/81 Copies available
(A102, R150, S30)
AN ACT TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO CARE AND SUPPORT IN DOMESTIC RELATIONS MATTERS BY ADDING SUBARTICLE
2 TO ARTICLE 9 SO AS TO ENACT THE SOUTH CAROLINA UNIFORM CHILD CUSTODY
JURISDICTION ACT OF 1981 WHICH PROVIDES METHODS AND PROCEDURES FOR THE COURTS OF
THIS STATE TO FOLLOW IN CONJUNCTION WITH THE APPROPRIATE COURTS OF OTHER STATES
IN ORDER TO RESOLVE CHILD CUSTODY DISPUTES IN THE BEST INTERESTS OF THE CHILD
CONCERNED; TO AMEND CHAPTER 7 OF TITLE 20, BY REDESIGNATING CERTAIN CODE SECTION
NUMBERS WITHIN THE CHAPTER; TO AMEND SECTION 20-7-420, RELATING TO THE FAMILY
COURT SO AS TO PROVIDE THAT JURISDICTION OF THE COURT SHALL BE EXCLUSIVE IN
CERTAIN MATTERS RELATING TO CHILDREN; TO AMEND SECTION 20-7-2700, RELATING TO
CHILD DAY CARE CENTERS, SO AS TO CHANGE THE DEFINITION OF SUCH CENTERS; AND TO
PROVIDE THAT ADULTS SENTENCED UNDER THE PROVISIONS OF CHAPTER 7 OF TITLE 20 OF
THE 1976 CODE TO IMPRISONMENT OF MORE THAN NINETY DAYS MAY IN THE DISCRETION OF
THE FAMILY COURT SERVE: SUCH SENTENCES IN MINIMUM SECURITY FACILITIES.
Be it enacted by the General Assembly of the State of South Carolina:
Uniform child custody jurisdiction act
SECTION 1. The 1976 Code is amended by adding Subarticle 2
to Article 9, Chapter 7 of Title 20 as follows:
"SUBARTICLE 2
Uniform Child Custody Jurisdiction Act
Section 20-7-782. This subarticle may be cited as the Uniform Child Custody
Jurisdiction Act.
Section 20-7-784. (a) The general purposes of this subarticle are to:
(1) avoid jurisdictional competition and conflict with courts of other states
in matters of child custody which have in the past resulted in the shifting of
children from state to state with harmful effects on their well-being;
(2) promote cooperation with the courts of other states to the end that a
custody decree is rendered in that state which can best decide the case in the
interest of the child;
(3) assure that litigation concerning the custody of a child take place
ordinarily in the state with which the child and his family have the closest
connection and where significant evidence concerning his care, protection,
training and personal relationships is most readily available, and that courts
of this State decline the exercise of jurisdiction when the child and his family
have a closer connection with another state;
(4) discourage continuing controversies over child custody in the interest
of greater stability of home environment and of secure family relationships for
the child;
(5) deter abductions and other unilateral removals of children undertaken to
obtain custody awards;
(6) avoid relitigation of custody decisions of other states in this State
insofar as feasible;
(7) facilitate the enforcement of custody decrees of other states;
(8) promote and expand the exchange of information and other forms of mutual
assistance between the courts of this State and those of other states concerned
with the same child;
(9) make uniform the law of those states which enact it.
(b) This subarticle shall be construed to promote the general purposes stated
in this section.
Section 20-7-786. As used in this subarticle, unless the context clearly
indicates otherwise:
(1) 'Contestant' means a person, including a parent, who claims a right to
custody or visitation rights with respect to a child;
(2) 'Custody determination' means a court decision and court orders and
instructions providing for the custody of a child, including visitation rights;
it does not include a decision relating to child support or any other monetary
obligation of any person;
(3) 'Custody proceeding' includes proceedings in which a custody
determination is one of several issues, such as an action for divorce or
separation, and includes child neglect and dependency proceedings;
(4) 'Decree' or 'custody decree' means a custody determination contained in
a judicial decree or order made in a custody proceeding, and includes an initial
decree and a modification decree;
(5) 'Home state' means the state in which the child immediately preceding the
time involved lived with his parents, a parent, or a person acting as parent, for
at least six consecutive months, and in the case of a child less than six months
old the state in which the child lived from birth with any of the persons
mentioned. Periods of temporary absence of any of the named persons are counted
as part of the six-month or other period;
(6) 'Initial decree' means the first custody decree concerning a particular
child;
(7) 'Modification decree' means a custody decree which modifies or replaces
a prior decree, whether made by the court which rendered the prior decree or by
another court;
(8) 'Physical custody' means actual possession and control of a child;
(9) 'Person acting as parent' means a person, other than a parent, who has
physical custody of a child and who has either been awarded custody by a court
or claims a right to custody;
(10) 'State' means any state, territory or possession of the United States,
the Commonwealth of Puerto Rico and the District of Columbia;
(11) 'Court' or 'court of this State' means the statewide system of family
courts established pursuant to Act 690 of 1976;
(12) 'Clerk of the court' or 'clerk of the family court' means the clerk of
a respective family court or the person in charge of administration of a family
court if not designated as clerk of that court.
Section 20-7-788. (a) A court of this State which is competent to decide child
custody matters has jurisdiction to make a child custody determination by initial
or modification decree if:
(1) this State (i) is the home state of the child at the time of commencement
of the proceeding, or (ii) had been the child's home state within six months
before commencement of the proceeding and the child is absent from this State
because of his removal or retention by a person claiming his custody or for other
reasons, and a parent or person acting as parent continues to live in this State;
(2) it is in the best interest of the child that a court of this State assume
jurisdiction because (i) the child and his parents, or the child and at least one
contestant, have a significant connection with this State and (ii) there is
available in this State substantial evidence concerning the child's present or
future care, protection, training and personal relationships;
(3) the child is physically present in this State and (i) the child has been
abandoned or (ii) it is necessary in an emergency to protect the child because
he has been subjected to or threatened with mistreatment or abuse or is otherwise
neglected or dependent;
(4) (i) it appears that no other state would have jurisdiction under
prerequisites substantially in accordance with paragraphs (1), (2) or (3) of
subsection (a), or another state has declined to exercise jurisdiction on the
ground that this State is the more appropriate forum to determine the custody of
the child and (ii) it is in the best interest of the child that this court assume
jurisdiction.
(b) Except under paragraphs (3) and (4) of subsection (a), physical presence
in this State of the child, or of the child and one of the contestants, is not
alone sufficient to confer jurisdiction on a court of this State to make a child
custody determination.
(c) Physical presence of the child, while desirable, is not a prerequisite for
jurisdiction to determine his custody.
Section 20-7-790. Before making a decree under this subarticle, reasonable
notice and opportunity to be heard shall be given to the contestants, any parent
whose parental rights have not been previously terminated, and any person who has
physical custody of the child. If any of these persons is outside this State,
notice and opportunity to be heard shall be given pursuant to Section 20-7-792.
Section 20-7-792. (a) Notice required for the exercise of jurisdiction over a
person outside this State shall be given in a manner reasonably calculated to
give actual notice, and may be:
(1) by personal delivery outside this State in the manner prescribed for
service of process within this State;
(2) in the manner prescribed by the law of the place in which the service is
made for service of process in that place in an action in any of its courts of
general jurisdiction;
(3) by any form of mail addressed to the person to be served and requesting
a receipt;
(4) as directed by the court, including publication, if other means of
notification are ineffective.
(b) Notice under this section shall be served, mailed or delivered, or last
published, at least twenty days before any hearing in this State. Provided,
however, that in proceedings pursuant to Section 20-7-788 (a) (3) above, upon a
showing by the moving party that an emergency or abandonment situation exists
within the meaning of Section 20-7-788 (a) (3) so as to place the child in
jeopardy, the court may shorten the notice period to such period as it may deem
to be in the best interests of the child.
(c) Proof of service outside this State may be made by affidavit of the
individual who made the service, or in the manner prescribed by the law of this
State, the order pursuant to which the service is made, or the law of the place
in which the service is made. If service is made by mail, proof may be a receipt
signed by the addressee or other evidence of delivery to the addressee.
(d) Notice is not required if a person submits to the jurisdiction of the
court.
Section 20-7-794. (a) A court of this State shall not exercise its jurisdiction
under this act if at the time of filing the petition a proceeding concerning the
custody of the child was pending in a court of another state exercising
jurisdiction substantially in conformity with this act, unless the proceeding is
stayed by the court of the other state because this State is a more appropriate
forum or for other reasons.
(b) Before hearing the petition in a custody proceeding the court shall examine
the pleadings and other information supplied by the parties under Section
20-7-800 and shall consult the child custody registry established under Section
20-7-814 concerning the pendency of proceedings with respect to the child in
other states. If the court has reason to believe that proceedings may be pending
in another state it shall direct an inquiry to the state court administrator or
other appropriate official of the other state.
(c) If the court is informed during the course of the proceeding that a
proceeding concerning the custody of the child was pending in another state
before the court assumed jurisdiction it shall stay the proceeding and
communicate with the court in which the other proceeding is pending to the end
that the issue may be litigated in the more appropriate forum and that
information be exchanged in accordance with Sections 20-7-820 through 20-7-826.
If a court of this State has made a custody decree before being informed of a
pending proceeding in a court of another state it shall immediately inform that
court of the fact. If the court is informed that a proceeding was commenced in
another state after it assumed jurisdiction it shall likewise inform the other
court to the end that the issues may be litigated in the more appropriate forum.
Section 20-7-796. (a) A court which has jurisdiction under this subarticle to
make an initial or modification decree may decline to exercise its jurisdiction
anytime before making a decree if it finds that it is an inconvenient forum to
make a custody determination under the circumstances of the case and that a court
of another state is a more appropriate forum.
(b) A finding of inconvenient forum may be made upon the court's own motion or
upon motion of a party or a guardian ad litem or other representative of the
child.
(c) In determining if it is an inconvenient forum, the court shall consider if
it is in the interest of the child that another state assume jurisdiction. For
this purpose it may take into account the following factors, among others:
(1) if another state is or recently was the child's home state;
(2) if another state has a closer connection with the child and his family
or with the child and one or more of the contestants;
(3) if substantial evidence concerning the child's present or future care,
protection, training and personal relationships are more readily available in
another state;
(4) if the parties have agreed on another forum which is no less appropriate;
(5) if the exercise of jurisdiction by a court of this State would contravene
any of the purposes stated in Section 20-7-784.
(d) Before determining whether to decline or retain jurisdiction the court may
communicate with a court of another state and exchange information pertinent to
the assumption of jurisdiction by either court with a view to assuring that
jurisdiction will be exercised by the more appropriate court and !that a forum
will be available to the parties.
(e) If the court finds that it is an inconvenient forum and that a court of
another state is a more appropriate forum, it may dismiss the proceedings, or it
may stay the proceedings upon condition that a custody proceeding be promptly
commenced in another named state or upon any other conditions which may be just
and proper, including the condition that a moving party stipulate his consent and
submission to the jurisdiction of ,the other forum.
(f) The court may decline to exercise its jurisdiction under this act if a
custody determination is incidental to an action for divorce or another
proceeding while retaining jurisdiction over the divorce or other proceeding.
(g) If it appears to the court that it is clearly an inappropriate forum it may
require the party who commenced the proceedings to pay necessary travel and other
expenses, including attorneys' fees, incurred by other parties or their
witnesses. Payment is to be made to the clerk of the court for remittance to the
proper party.
(h) Upon dismissal or stay of proceedings under this section the court shall
inform the court found to be the more appropriate forum of this fact, or if the
court which would have jurisdiction in the other state is not certainly known,
shall transmit the information to the court administrator or other appropriate
official for forwarding to the appropriate court.
(i) Any communication received from another state informing this State of a
finding of inconvenient forum because a court of this State is the more
appropriate forum shall be filed in the custody registry of the appropriate
court. Upon assuming jurisdiction the court of this State shall inform the
original court of this fact.
Section 20-7-798. (a) If the petitioner for an initial decree has wrongfully
taken the child from another state or has engaged in similar reprehensible
conduct the court may decline to exercise jurisdiction if this is just and proper
under the circumstances.
(b) Unless required in the interest of the child, the court shall not exercise
its jurisdiction to modify a custody decree of another state if the petitioner,
without consent of the person entitled to custody, has improperly removed the
child from the physical custody of the person entitled to custody or has
improperly retained the child after a visit or other temporary relinquishment of
physical custody. If the petitioner has violated any other provision of a custody
decree of another state the court may decline to exercise its jurisdiction if
this is just and proper under the circumstances.
(c) In appropriate cases a court dismissing a petition under this section may
charge the petitioner with necessary travel and other expenses, including
attorneys' fees, incurred by other parties or their witnesses.
Section 20-7-800. (a) Every party in a custody proceeding in his first pleading
or in an affidavit attached to that pleading shall give information under oath
as to the child's present address, the places where the child has lived within
the last five years and the names and present addresses of the persons with whom
the child has lived during that period. In this pleading or affidavit every party
shall further declare under oath whether:
(1) he has participated (as a party, witness or in any other capacity) in any
other litigation concerning the custody of the same child in this or any other
state;
(2) he has information of any custody proceeding concerning the child pending
in a court of this or any other state;
(3) he knows of any person not a party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect
to the child.
(b) If the declaration as to any of the above items is in the affirmative the
declarant shall give additional information under oath as required by the court.
The court may examine the parties under oath as to details of the information
furnished and as to other matters pertinent to the court's jurisdiction and the
disposition of the case.
(c) Each party shall have a continuing duty to inform the court of any custody
proceeding concerning the child in this or any other state of which he obtained
information during this proceeding.
Section 20-7-802. If the court learns from information furnished by the parties
pursuant to Section 20-7-800 or from other sources that a person not a party to
the custody proceeding has physical custody of the child or claims to have
custody or visitation rights with respect to the child, it shall order that
person to be joined as a party and to be duly notified of the pendency of the
proceeding and of his joinder as a party. If the person joined as a party is
outside this State he shall be served with process or otherwise notified in
accordance with Section 20-7-792.
Section 20-7-804. (a) The court may order any party to the proceeding who is
in this State to appear personally before the court. If that party has physical
custody of the child the court may order that he appear personally with the
child.
(b) If a party to the proceeding whose presence is desired by the court is
outside this State with or without the child the court may order that the notice
given under Section 20-7-792 include a statement directing that party to appear
personally with or without the child and declaring that failure to appear may
result in a decision adverse to that party.
(c) If a party to the proceeding who is outside this State is directed to
appear under subsection (b) or desires to appear personally before the court with
or without the child, the court may require another party to pay to the clerk of
the court travel and other necessary expenses of the party so appearing and of
the child if this is just and proper under the circumstances.
Section 20-7-806. A custody decree rendered by a court of this State which had
jurisdiction under Section 20-7-788 binds all parties who have been served in
this State or notified in accordance with Section 20-7-792 or who have submitted
to the jurisdiction of the court, and who have been given an opportunity to be
heard. As to these parties the custody decree is conclusive as to all issues of
law and fact decided and as to the custody determination made unless and until
that determination is modified pursuant to law, including the provisions of this
subarticle.
Section 20-7-808. The courts of this State shall recognize and enforce an
initial or modification decree of a court of another state which had assumed
jurisdiction under statutory provisions substantially in accordance with this act
or which was made under factual circumstances meeting the jurisdictional
standards of the act, so long as this decree has not been modified in accordance
with jurisdictional standards substantially similar to those of this subarticle.
Section 20-7-810. (a) If a court of another state has made a custody decree,
a court of this State shall not modify that decree unless (1) it appears to the
court of this State that the court which rendered the decree does not now have
jurisdiction under jurisdictional prerequisites substantially in accordance with
this subarticle or has declined to assume jurisdiction to modify the decree and
(2) the court of this State has jurisdiction.
(b) If a court of this State is authorized under subsection (a) and Section
20-7-798 to modify a custody decree of another state it shall give due
consideration to the transcript of the record and other documents of all previous
proceedings submitted to it in accordance with Section 20-7-826.
Section 20-7-812. (a) A certified copy of a custody decree of another state may
be filed in the office of the clerk of any family court of this State. The clerk
shall treat the decree in the same manner as a custody decree of the family court
of this State. A custody decree so filed has the same effect and shall be
enforced in like manner as a custody decree rendered by a court of this State.
(b) A person violating a custody decree of another state which makes it
necessary to enforce the decree in this State may be required to pay necessary
travel and other expenses, including attorneys' fees, incurred by the party
entitled to the custody or his witnesses.
Section 20-7-814. The clerk of each family court of this State shall maintain
a registry in which he shall enter the following:
(1) certified copies of custody decrees of other states received for filing;
(2) communications as to the pendency of custody proceedings in other states;
(3) communications concerning a finding of inconvenient forum by a court of
another state;
(4) other communications or documents concerning custody proceedings in
another state which may affect the jurisdiction of a court of this State or the
disposition to be made by it in a custody proceeding.
Section 20-7-816. The clerk of a family court of this State, at the request of
the court of another state or at the request of any person who is affected by or
has a legitimate interest in a custody decree, shall certify and forward a copy
of the decree to that court or person.
Section 20-7-818. In addition to other procedural devices available to a party,
any party to the proceeding or a guardian ad litem or other representative of the
child may adduce testimony of witnesses, including parties and the child, by
deposition or otherwise, in another state. The court on its own motion may direct
that the testimony of a person be taken in another state and may prescribe the
manner in which and the terms upon which the testimony shall be taken.
Section 20-7-820. (a) A court of this State may request the appropriate court
of another state to hold a hearing to adduce evidence, to order a party to
produce or give evidence under other procedures of that state, or to have social
studies made with respect to the custody of a child involved in proceedings
pending in the court of this State, and to forward to the court of this State
certified copies of the transcript of the record of the hearing, the evidence
otherwise adduced, or any social studies prepared in compliance with the request.
The court in its discretion may order that the cost of these services be assessed
against particular parties to the action.
(b) A court of this State may request the appropriate court of another state
to order a party to custody proceedings pending in the court of this State to
appear in the proceedings, and if that party has physical custody of the child,
to appear with the child. The request may state that travel and other necessary
expenses of the party and of the child whose appearance is desired will be
assessed against another party to the action.
Section 20-7-822. (a) Upon request of the court of another state the courts of
this State which are competent to hear custody matters may order a person in this
State to appear at a hearing to adduce evidence or to produce or give evidence
under other procedures available in this State or may order social studies to be
made for use in a custody proceeding in another state. A certified copy of the
transcript of the record of the hearing or the evidence otherwise adduced and any
social studies prepared shall be forwarded by the clerk of the court to the
requesting court.
(b) A person within this State may voluntarily give his testimony or statement
in this State for use in a custody proceeding outside this State.
(c) Upon request of the court of another state a competent court of this State
may order a person in this State to appear alone or with the child in a custody
proceeding in another state. The court may condition compliance with the request
upon assurance by the other state that travel and other necessary expenses will
be advanced or reimbursed.
Section 20-7-824. In any custody proceeding in this State the court shall
preserve the pleadings, orders and decrees, any record that has been made of its
hearings, social studies and other pertinent documents until the child reaches
eighteen years of age. Upon appropriate request of the court of another state the
court shall forward to the other court certified copies of any or all of such
documents.
Section 20-7-826. If a custody decree has been rendered in another state
concerning a child involved in a custody proceeding pending in a court of this
State, the court of this State upon taking jurisdiction of the case shall request
of the court of the other state a certified copy of the transcript of any court
record and other documents mentioned in Section 20-7-824.
Section 20-7-828. The statewide system of family courts established pursuant
to Act 690 of 1976 is hereby declared to be the courts of this State where the
provisions of this act shall be enforced or litigated; provided, however, that
where the provisions of this subarticle require any action which is not within
the jurisdiction of the family courts, the circuit courts of this State shall
have jurisdiction to perform or order such action.
Section 20-7-830. The general policies of this subarticle extend to the
international area. The provisions of this act relating to the recognition and
enforcement of custody decrees of other states apply to custody decrees and
decrees involving legal institutions similar in nature to custody, rendered by
appropriate authorities of other nations if reasonable notice and opportunity to
be heard were given to all affected persons."
Code sections changed
SECTION 2. The 1976 Code is amended by changing Section 20-7-740 to Section
20-7-735, Section 20-7-750 to Section 20-7-740, Section 20-7-760 to Section
20-7-745, Section 20-7-770 to Section 20-7-750, Section 20-7-780 to Section
20-7-755, Section 20-7-790 to Section 20-7-760, Section 20-7-800 to Section
20-7-765, Section 20-7-810 to Section 20-7-770, Section 20-7-820 to Section
20-7-775 and Section 20-7-830 to Section 20-7-780, by changing Section 20-7-830
to Section 20-7-780 in item (7) of Section 20-7-430 and by striking
"Sections 20-7-400 through 20-7-1340 of the Family Court Act of 1968"
and inserting "Sections 20-7-400, 20-7-410, 20-7-430, 20-7-460, 20-7-600,
20-7-620, 20-7-735, 20-7-740, 20-7-745, 20-7-750, 20-7-755, 20-7-1330, 20-7-1340
and 20-7-1520" in Section 20-7-2170.
Family courts to have exclusive jurisdiction
SECTION 2A. Section 20-7-420 of the 1976 Code, as contained in an act of 1981
bearing ratification number 110, is amended by inserting "exclusive"
between "have" and "jurisdiction" on the second line.
The section, when amended, shall read:
"Section 20-7-420. Jurisdiction of family court in domestic matters.
The family court shall have exclusive jurisdiction:
(1) To hear and determine matters which come within the provisions of the
Uniform Reciprocal Enforcement of Support Act.
(2) To hear and determine actions:
For divorce a vinculo Matrimonii, separate support and maintenance, legal
separation, and in other marital litigation between the parties, and for
settlement of all legal and equitable rights of the parties in such actions in
and to the real and personal property of the marriage and attorneys' fees, if
requested by either party in the pleadings.
(3) To hear and determine actions for the adoption of children.
(4) To hear and determine actions for termination of parental rights, whether
such action is in connection with an action for adoption or apart therefrom.
(5) To hear and determine actions to determine the validity of marriages.
(6) To hear and determine actions for the annulment of marriage.
(7) To hear and determine actions to determine the legitimacy of children.
(8) To hear and determine actions for changing names, whether in connection
with divorce or apart therefrom.
(9) To hear and determine actions for the correction of birth records.
(10) To consent to the enlistment of a minor in the military service or the
employment of a minor, if a minor has no one standing in loco parentis to do so.
(11) To hear and determine proceedings within the county to compel the
support of a spouse or child, whether legitimate or illegitimate.
(12) For the protection, guardianship and disposition of neglected or
dependent minors in proceedings properly brought before it for the support of a
spouse or child.
(13) In all cases or proceedings within the county against persons charged
with failure to obey an order of the court made pursuant to authority conferred
by law.
(14) To order support of a spouse or child, or both, irrespective of whether
they are likely to become a public charge.
(15) To include in the requirements of an order for support the providing of
necessary shelter, food, clothing, care, medical attention, expenses of
confinement, both before and after the birth, the expense of educating his or her
child and other proper and reasonable expenses.
(16) To require of persons legally chargeable with the support of a spouse
or child, who are possessed of sufficient means or who are able to earn such
means, the payment weekly, or at other fixed periods, of a fair and reasonable
sum for such support, or as a contribution toward such support, according to the
means of the persons so chargeable.
(17) To make all orders for support run until further order of the court,
except that orders for support of a child shall run until the child is eighteen
years of age or until the child is sooner married or becomes self-supporting or,
where there are physical or mental disabilities of the child or other exceptional
circumstances that warrant it, in the discretion of the court, during any period
and beyond the child's minority as such physical or mental disabilities may
continue.
(18) To make an order for support of a husband or wife and children by his
or her spouse, even though he or she may have left the home, in cases where the
spouse's conduct or condition or his or her cruel or inhuman behavior made it
unsafe or improper for the deserting spouse to continue to live with him or her.
Such orders may require either spouse or any other party to the proceeding:
A. To stay away from the home or from the other or either spouse or children;
B. To permit either spouse to visit the children at stated periods;
C. To abstain from offensive conduct against the other spouse or either of
them, or against the children;
D. To give proper attention to the care of the home;
E. To refrain from acts of commission or omission that tend to make the home
not a proper place for the other, or either spouse, or the children.
(19) In furtherance of the complete disposition of cases in the jurisdiction
of the court, to bring in and make parties to any proceedings pending in the
court any person or persons charged with or alleged to be interfering with the
marital relationship between a husband and wife, in violation of the law or of
the rights of either party to the marriage, or whose presence to the proceedings
may be found necessary to a complete determination of the issues therein, or the
relief to which the parties thereto, or any of them, may be entitled, and shall
have the power to enjoin and restrain such interference and to punish for
contempt of court violations of such injunctions or restraining orders.
(20) To award the custody of the children, during the term of any order of
protection, to either spouse, or to any other proper person or institution.
(21) To determine the manner in which sums ordered paid for support shall be
paid and applied, either to a person through the court or through the clerk of
court.
(22) To require a person ordered to support another to give security by a
written undertaking that he will pay the sums ordered by the court for such
support and, upon the failure of any person to give such security by a written
undertaking when required by order of the court, to punish such person for
contempt and, when appropriate, to discharge such undertaking.
(23) In lieu of requiring an undertaking, to suspend sentence and place on
probation a person who has failed to support another as required by law, and to
determine the conditions of such probation and require them to be observed, to
revoke such suspension of sentence and probation, where circumstances warrant it,
and to discharge a respondent from probation.
(24) To release on probation prior to the expiration of the full term a
person committed to jail for failure to obey an order of the court, where the
court is satisfied that the best interest of the family and the community will
be served thereby.
(25) To modify or vacate any order issued by the court.
(26) To order either before, during or after a hearing a mental, physical and
psychiatric examination as circumstances warrant.
(27) To exclude the public from the courtroom in a proper case.
(28) To send processes or any other mandates in any matter in which it has
jurisdiction into any county of the State for service or execution in like manner
and with the same force and effect as similar processes or mandates of the
circuit courts, as provided by law.
(29) To compel the attendance of witnesses.
(30) To make any order necessary to carry out and enforce the provisions of
this chapter, and to hear and determine any questions of support, custody,
separation or any other matter over which the court has jurisdiction, without the
intervention of a jury.
(31) To require spouse to furnish support or to be liable for nonsupport, as
provided above, if, at the time of the filing of the petition for supports:
(A) He is residing or domicile(l in the county or when such area is the
matrimonial domicile of the parties;
(B) He is not residing or domiciled in the area referred to in subsection
(A), but is found therein at such time, provided the petitioner is so residing
or domiciled at such time;
(C) He is neither residing or domiciled nor found in such area but, prior
to such time and while so residing or domiciled, he shall have the child and
thereafter shall have failed to furnish such support, provided that the
petitioner is so residing or domiciled at that time.
(32) The petitioner need not continue to reside or be domiciled in such area
where the cause of action arose, as provided in subsections (A) and (B) of this
section, if the conduct of the respondent has been such as to make it unsafe or
improper for her to so reside or be domiciled, and the petitioner may bring
action in the court of the jurisdiction wherein she is thusly residing or has
become domiciled.
Child day care facilities
SECTION 2B. Subsection b. of Section 20-7-2700 of the 1976 Code, as contained
in an act of 1981 bearing ratification number 110, is amended to read:
"b. 'Child day care facilities' means any facility which provides care,
supervision or guidance for any minor child who is not related by blood, marriage
or adoption to the owner or operator of such a facility whether or not the
facility is operated for profit and whether or not the facility makes a charge
for services offered by it. This definition includes, but is not limited to, day
nurseries, nursery schools, day care centers, group day care homes and family day
care homes. The term does not include (1) any educational facility, whether
private or public, which operates solely for educational purposes in grades one
or above; (2) five-year-old kindergarten programs operated by public school
systems; (3) kindergartens or nursery schools or other daytime programs, with or
without stated educational purposes, operating no more than four hours a day and
receiving children younger than lawful school age; (4) kindergartens or nursery
schools or other daytime programs operated as part of a private school and
receiving children younger than lawful school age for four hours a day or less,
with or without stated educational purposes; (5) facilities operated for more
than four hours a day in connection with a shopping center or service or other
similar facility, where the same children are cared for less than four hours a
day and not on a regular basis as defined in this subarticle while parents or
custodians of the children are occupied on the premises or are in the immediate
vicinity and immediately available; provided, however, that such facilities meet
local fire and sanitation requirements; (6) summer resident or day camps for
children; (7) Bible schools normally conducted during vacation periods; (8)
facilities for the mentally retarded provided for in Article 3 of Chapter 21 of
Title 44; (9) facilities for the mentally ill as provided for in Section
44-17-10; (10) child day care centers and group day care homes owned and operated
by a local church congregation or an established religious denomination or a
religious college or university which does not receive state or federal financial
assistance for day care services; provided, however, that such facilities must
comply with the provisions of Sections 20-7-2900 through 20-7-2970 and provided,
further, that they may voluntarily elect to become licensed according to the
process as set forth in Sections 20-7-2700 through 20-7-2780 and Section
20-7-2980 through 20-7-3090."
Provisions to control
SECTION 3. If the provisions of this act are inconsistent with the provisions
of another state statute, the provisions of this act shall control.
Adult to serve sentence in minimum security state facility
SECTION 4. Notwithstanding any other provision of law, any adult sentenced for
more than ninety days under the provisions of Chapter 7 of Title 20 of the 1976
Code may, in the discretion of the Family Court Judge, serve each time in a
minimum security state facility.
Time effective
Section 5. This act shall take effect upon approval by the Governor. |