H 4941 Session 110 (1993-1994)
H 4941 General Bill, By Robinson, Allison, R.S. Corning, Govan, Harrell,
Haskins, T.E. Huff, M.F. Jaskwhich, Law, Littlejohn, C.V. Marchbanks,
J.G. Mattos, Moody-Lawrence, Riser, Sharpe, Simrill, C.H. Stone, C.L. Sturkie,
C.C. Wells, J.B. Wilder, S.S. Wofford and D.A. Wright
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
20-7-1644 so as to provide that licensed foster family care providers are not
liable for losses resulting from acts made in good faith within the scope of
their obligations as foster parents; by adding Section 43-1-90 so as to
require the Department of Social Services to develop an internal review system
for cases in which a child known to the Department has died; by adding Section
62-2-805 so as to provide circumstances under which a parent may not inherit
from a deceased child; to amend Section 15-78-60, as amended, relating to
governmental immunity from the Tort Claims Act, so as to provide immunity for
losses resulting from acts or omissions within the scope of duty of those
persons performing child protective or child welfare related functions; to
amend Section 15-78-170, relating to actions or claims for death of a person
and the division of recovery so as to provide that anyone precluded from
inheriting from the estate of a deceased child may not act as personal
representative nor benefit from any proceeding based on injury to or death of
the child; and to amend Section 62-3-203, as amended, relating to persons not
qualified to serve as a personal representative so as to include parents
precluded from inheriting from the estate of their deceased child in the legal
custody of the State.
03/17/94 House Introduced and read first time HJ-9
03/17/94 House Referred to Committee on Judiciary HJ-10
04/21/94 House Committee report: Favorable with amendment
Judiciary HJ-5
05/05/94 House Amended HJ-51
05/05/94 House Read second time HJ-52
05/05/94 House Unanimous consent for third reading on next
legislative day HJ-52
05/06/94 House Read third time and sent to Senate HJ-2
05/09/94 Senate Introduced and read first time SJ-5
05/09/94 Senate Referred to Committee on General SJ-5
05/26/94 Senate Recalled from Committee on General SJ-116
06/01/94 Senate Amended SJ-119
06/01/94 Senate Read second time SJ-119
06/01/94 Senate Ordered to third reading with notice of
amendments SJ-119
06/02/94 Senate Amended SJ-93
06/02/94 Senate Read third time and returned to House with
amendments SJ-99
AS PASSED BY SENATE
June 2, 1994
H. 4941
Introduced by REPS. Robinson, Stone, Marchbanks, Govan, Littlejohn,
Mattos, Corning, Allison, Sturkie, J. Wilder, Simrill, Law, Wofford,
Wright, Sharpe, Harrell, Huff, Wells, Haskins, Riser, Jaskwhich and
Moody-Lawrence
S. Printed 6/2/94--S.
Read the first time May 9, 1994.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 20-7-1644 SO AS TO PROVIDE THAT
LICENSED FOSTER FAMILY CARE PROVIDERS ARE NOT
LIABLE FOR LOSSES RESULTING FROM ACTS MADE IN GOOD
FAITH WITHIN THE SCOPE OF THEIR OBLIGATIONS AS
FOSTER PARENTS; BY ADDING SECTION 43-1-90 SO AS TO
REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO
DEVELOP AN INTERNAL REVIEW SYSTEM FOR CASES IN
WHICH A CHILD KNOWN TO THE DEPARTMENT HAS DIED; BY
ADDING SECTION 62-2-805 SO AS TO PROVIDE
CIRCUMSTANCES UNDER WHICH A PARENT MAY NOT
INHERIT FROM A DECEASED CHILD; TO AMEND SECTION
15-78-60, AS AMENDED, RELATING TO GOVERNMENTAL
IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO
PROVIDE IMMUNITY FOR LOSSES RESULTING FROM ACTS OR
OMISSIONS WITHIN THE SCOPE OF DUTY OF THOSE PERSONS
PERFORMING CHILD PROTECTIVE OR CHILD WELFARE
RELATED FUNCTIONS; TO AMEND SECTION 15-78-170,
RELATING TO ACTIONS OR CLAIMS FOR DEATH OF A PERSON
AND THE DIVISION OF RECOVERY SO AS TO PROVIDE THAT
ANYONE PRECLUDED FROM INHERITING FROM THE ESTATE
OF A DECEASE D C HILD MAY NOT ACT AS PERSONAL
REPRESENTATIVE NOR BENEFIT FROM ANY PROCEEDING
BASED ON INJURY TO OR DEATH OF THE CHILD; AND TO
AMEND SECTION 62-3-203, AS AMENDED, RELATING TO
PERSONS NOT QUALIFIED TO SERVE AS A PERSONAL
REPRESENTATIVE SO AS TO INCLUDE PARENTS PRECLUDED
FROM INHERITING FROM THE ESTATE OF THEIR DECEASED
CHILD IN THE LEGAL CUSTODY OF THE STATE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-1644. Persons licensed by the South Carolina
Department of Social Services to provide foster family care are not
liable for losses resulting from acts or omissions within the scope of
their obligations as foster parents, when these acts or omissions are made
in good faith and do not constitute gross negligence, recklessness,
wilfulness, or wantonness. For this immunity to attach the license must
be valid at the time of the act or omission. This immunity applies only
to foster care provided to children in the custody of a state
agency."
SECTION 2. The following sections may be cited as the "South
Carolina Drug Impaired Infants Act".
SECTION 3. It is the policy of this State that:
(1) Prevention of harm to the fetus is the primary objective of this
State and its subdivisions in formulating programs and policies to
address the use of alcohol or other drugs during pregnancy.
(2) Programs and policies to address the use of alcohol or other
drugs during pregnancy should concentrate on measures that improve
the individual's ability to act responsibly. Punitive or coercive measures
should be used only as a last resort.
(3) Prenatal harm can be caused by exposure to various drugs,
including alcohol, and is often a result of multiple exposures as well as
other influences, such as poor maternal health, malnutrition, and lack of
prenatal care. The most effective way to prevent this harm is to improve
the overall well-being and the self-esteem of women. Efforts to prevent
prenatal harm should utilize innovative strategies aimed at the broad
range of factors contributing to harm associated with prenatal substance
abuse. New models of service delivery should be developed to increase
the utilization of available services, using outreach and
community-based services as means for identifying and serving the
target population.
(4) The use of alcohol and other drugs by women places them at risk
for the development of numerous physical and psychological problems.
Women whose physical or psychological health is compromised have
diminished capacity to care for themselves and their families as well as
to participate meaningfully in the community in which they live.
Alcohol and other drug abuse isolates women from the institutions of
society which support the building and maintenance of self-respect and
healthy relationships. Progress and policies of the State and its
subdivisions should seek to promote health-enhancing behaviors in
women and to develop treatment programs which improve the capacity
of women to function fully within their communities.
(5) Prevention, treatment, rehabilitation, education, and
counseling support services for alcohol and other drug abuse,
which reflect the unique needs of pregnant women, should be accessible
and available to these women. Public and private funds and resources
should be identified to implement model intervention programs.
Providers of alcohol or drug treatment services must not discriminate
against pregnant women or women of childbearing age in providing
these services. Pregnant women should be given priority access to
treatment services for alcohol or drug dependency.
(6) Adequate prenatal care, through the public and private sectors,
should be available and accessible for every pregnant woman. In order
to avoid deterring pregnant substance abusers from obtaining prenatal
care at the earliest possible time, the privacy of the physician-patient
relationship should be protected.
(7) All men and women of childbearing age should be educated
about the physical, emotional, and medical effects of alcohol and other
drug use during pregnancy. Appropriate educational materials and
programs should be developed for use in schools. Educational efforts
should emphasize prevention.
(8) All agencies with functions related to use of alcohol or other
drugs by pregnant women, including health, social services, corrections,
and law enforcement agencies, shall develop plans and interagency
policies for coordination of services and resources. These plans and
policies should provide for a continuum of services to prevent harm
caused by prenatal exposure to alcohol or other drugs. They should
include innovative strategies that take into consideration social
conditions likely to affect the success of prevention or treatment
initiatives, including housing, child care, transportation, and job training
specific to women's needs.
(9) Health, social services, and educational agencies shall develop
plans and interagency policies for coordination of services and resources
to meet the special needs of children who have been harmed by prenatal
exposure to alcohol and other drugs.
(10) Statutes, including statutes defining the authority of state or local
agencies or providers of services, must be broadly construed to
accomplish the policies set forth in this act.
(11) The policies provided for in this act shall be implemented
through the cooperative efforts of state, county, and municipal
legislative, judicial, and executive branches, as well as other public and
private resources. Where resources are limited, services must be
targeted to have the greatest impact on preventing harm associated with
prenatal exposure to alcohol or other drugs.
SECTION 4. Title 44 of the 1976 Code is amended by adding:
"CHAPTER 54
Assessment and Intervention in the
Perinatal Effects of Alcohol,
Controlled Substances, and Cigarettes
Section 44-54-10. A physician licensed in South Carolina who
provides obstetrical or gynecological care to a patient who is pregnant
shall counsel the patient on the perinatal effects of smoking cigarettes,
the use of alcohol, and the use of a controlled substance as defined in
Section 44-53-110, as well as other risk factors appearing to be present
in the patient's life. A physician may fulfill this obligation by causing
a nurse, social worker, or other allied health professional to provide the
required counseling. A statement evidencing that this counseling has
been provided and signed by the patient or by the person giving this
counseling must be maintained as part of that patient's medical records.
Section 44-54-20. The South Carolina Department of Health and
Environmental Control, in cooperation with the South Carolina
Commission on Alcohol and Drug Abuse, shall develop and provide
educational programs and materials to physicians who provide
obstetrical or gynecological care, to other health care providers who
provide services for pregnant women, to hospitals, and to other
appropriate persons and entities. This information must include, but is
not limited to:
(1) the effects of cigarettes, alcohol, and controlled substances on
pregnancy and fetal outcome;
(2) how other aspects of a woman's life, such as poor nutrition and
domestic violence, interact with substance abuse to affect fetal outcome;
(3) what services are available for addicted or substance-abusing
women and their families;
(4) the harm done to fetuses from drug use by the mother; and
(5) the law relating to drug use during pregnancy, including the
provisions of this chapter.
Section 44-54-30. The South Carolina Commission on Alcohol and
Drug Abuse shall establish and maintain a toll-free information line to
provide information on resources for substance abuse and to assist with
referral for substance-abusing pregnant women.
Section 44-54-40. A pregnant woman referred for substance abuse
treatment must receive first priority for use of available treatment. All
records and reports regarding the pregnant woman are confidential. The
South Carolina Commission on Alcohol and Drug Abuse shall ensure
that family-oriented substance abuse treatment is available, as
appropriations allow. Substance abuse treatment facilities that receive
public funds may not refuse to treat a woman solely because she is
pregnant.
SECTION 5. Section 20-7-510 of the 1976 Code is amended by
adding:
"(D) A person is not required to report based on positive
results of drug or alcohol testing performed on a newborn unless the test
results combine with one or more other factors, such as the infant's home
or family situation or condition, to give the reporter reason to believe
that a child's physical or mental health or welfare may be affected
adversely by abuse or neglect while in the care of a parent, legal
guardian, or custodian."
SECTION 6. Section 44-7-260 of the 1976 Code, as last amended by
Act 501 of 1990, is further amended by adding:
"(F) No facility or service that provides diagnostic, treatment,
or rehabilitative services related to the abuse of alcohol or other drugs
may refuse to provide these services to a woman solely because the
woman is pregnant. Pregnant women must be given priority access to
these services. Diagnostic, treatment, or rehabilitative services must be
provided in accordance with accepted professional standards applicable
to the treatment of abuse of alcohol or other drugs in pregnant women.
All treatment providers must ensure that family-oriented substance abuse
treatment is available, as resources may allow."
SECTION 7. Section 44-49-40(c) of the 1976 Code is amended by
adding:
"(11) Coordinate these matters relating to prenatal substance
abuse:
(a) study of issues related to prenatal substance abuse;
(b) development of prevention and treatment strategies;
(c) education of policymakers and other relevant professionals;
(d) identification of grants and other private funding sources and
the coordination of efforts to obtain these funds; and
(e) provision of interagency communications and actions relating
to the use of alcohol and other drugs during pregnancy."
SECTION 8. Section 44-53-140 of the 1976 Code is amended to read:
"Section 44-53-140. (A) Whenever
When a holder of the privilege shall seek seeks
counselling, treatment, or therapy for any a drug
problem from a confidant, no statement made by such
the holder and no observation or conclusion derived from
such t he< /b> confidant shall be is
admissible against such the holder in any proceeding.
The results of any an examination to determine the
existence of illegal or prohibited drugs in a holder's body shall
are not be admissible in any proceeding against
such the holder. The privilege belongs to the holder and
if he the holder waives the right to claim the privilege
the communication between the holder of the privilege and the confidant
shall be is admissible in evidence in any proceeding.
There is no privilege if the services of a confidant are sought to enable
the holder of the privilege to commit or plan to commit a crime or a tort.
(B) When a person seeks prenatal care from a licensed health
care provider, no statement made by the person and no observation or
conclusion of the health care provider is admissible against the person
in any proceeding. The results of an examination to determine the
existence of alcohol or other drugs in the person's body or in the body
of the newborn child of the person are not admissible in any proceeding
against the person. However, the provider may release that information
necessary to bring about the commitment of the person for alcohol or
drug treatment pursuant to Section 44-52-110, where the release is
consistent with professional standards of care. The provider also may
release information necessary to judicial proceedings that are initiated
by the Department of Social Services following a report under Section
20-7-510. The privilege belongs to the person and may be waived by
the person."
SECTION 9. Section 59-32-20 of the 1976 Code is amended by adding
a new paragraph at the end of the section to read:
"All school districts shall develop and include in their drug and
alcohol education programs in grades one through twelve, age
appropriate drug education curricula concerning the physiological
effects and problems before and after birth caused by the use of
cigarettes, alcohol, and controlled substances."
SECTION 10. Section 59-32-30(A) of the 1976 Code is amended by
adding at the end :
"(7) Where appropriate to the students' age group, a program
of instruction in reproductive health education or substance use or abuse
must include instruction concerning the effects of the use and abuse of
cigarettes, alcohol, and controlled substances on persons of reproductive
age, pregnant women, and fetuses."
SECTION 11. The South Carolina Commission on Alcohol and Drug
Abuse shall ensure that a staff position is designated to carry out the
functions required by Section 44-49-40(c)(11) of the 1976 Code as
added by Section 7 of this act.
SECTION 12. Chapter 13, Title 61 of the 1976 Code is amended by
adding:
"Section 61-13-890. (A) Every person engaged in the
business of selling at retail beer, wine, or liquor may post in every
location for which the person has obtained a license or permit a sign
with the following words printed thereon:
`A HEALTHY BABY BEGINS WITH YOU:
PREGNANCY AND ALCOHOL DO NOT MIX
Drinking beer, wine, or liquor while you are
pregnant or nursing can be
harmful to your baby.
FOR MORE INFORMATION, CALL
'
(B) The sign required by this section must be no smaller than six
inches high by twelve inches wide, with print no smaller than one-half
inch bold print in clear, readable letters. The number for the South
Carolina Commission on Alcohol and Drug Abuse's toll free information
line may be handwritten on the line following `CALL'. The Alcoholic
Beverage Control Commission shall prescribe by regulation the location
of the sign in a conspicuous place on the seller's premises."
SECTION 13. This act takes effect upon approval by the Governor.
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