| Printed Page 1720, Mar. 27 | Printed Page 1740, Mar. 27 |

Rep. TOWNSEND moved to adjourn debate upon the Joint Resolution until Thursday, April 4.

Rep. SCOTT moved to table the motion, which was agreed to by a division vote of 46 to 45.

Reps. SANDIFER, M. HINES, TRIPP, SIMRILL, KENNEDY, SCOTT, CAVE, BYRD, CLYBURN, LEE, CAIN, J. HINES, DAVENPORT, TROTTER, LOFTIS, WALDROP, HERDKLOTZ, S. WHIPPER and McMAHAND objected to the Joint Resolution.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

Rep. SHARPE moved that the House recur to the morning hour, which was agreed to.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 4323 -- Reps. Knotts, Kinon, Lanford, Littlejohn, Keyserling, Haskins, Vaughn, Riser, Law and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

Ordered for consideration tomorrow.

The following was introduced:

H. 4840 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE LADY EAGLES OF SCOTT'S BRANCH HIGH SCHOOL ON WINNING THE 1996 CLASS A UPPER-STATE CHAMPIONSHIP IN GIRLS BASKETBALL.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following Bill was taken up.

H. 4570 -- Rep. Keyserling: A BILL TO AMEND SECTION 44-96-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WASTE TIRES, SO AS TO INCREASE THE MEMBERSHIP OF THE WASTE TIRE GRANT COMMITTEE BY ADDING THE AUTO RECYCLERS AND DISMANTLERS ASSOCIATION.

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. Section 44-96-170(O) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(O) Waste tire grants must be awarded on the basis of written grant request proposals submitted to and approved, not less than annually, by the committee consisting of ten twelve members appointed by the commissioner representing the following:

(1) the South Carolina Tire Dealers and Retreaders Association;

(2) the South Carolina Association of Counties;

(3) the South Carolina Association of Regional Councils;

(4) the South Carolina Department of Health and Environmental Control;

(5) tire manufacturers;

(6) the general public;

(7) a public interest and environmental organization;

(8) the South Carolina Department of Natural Resources;

(9) the Division of Energy, Agriculture and Natural Resources in the Office of the Governor; and

(10) the South Carolina Municipal Association;

(11) the Auto Recyclers and Dismantlers Association; and

(12) the recyclers.

Members of the committee shall serve for terms of three years and until their successors are appointed and qualify except that of those first appointed, three shall serve for terms of two years, and three shall serve for terms of one year, as designated by the commissioner.

Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. The representative of the department shall serve as chairman. The committee shall review grant requests and proposals and make recommendations on grant awards to the State Solid Waste Advisory Council. Grants must be awarded by the State Solid Waste Advisory Council. Upon the cessation of the existence of the State Solid Waste Advisory Council, the Office of Solid Waste Reduction and Recycling shall receive recommendations from the committee."/

Amend title to conform.

Rep. DAVENPORT explained the amendment.

The amendment was then adopted.

The following Bill was taken up.

H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22507AC.96).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. This act may be cited as the "Child Protection Reform Act of 1996".

/SECTION 2. Section 20-7-110 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:

"Section 20-7-110. In all child abuse and neglect proceedings:

(A)(1) Children shall must be appointed legal counsel and a guardian ad litem by the family court. Counsel for the child shall in no case may be the same as counsel for the parent, guardian, or other person subject to the proceeding or any governmental or social agency involved in the proceeding.

(B)(2) Parents, guardians, or other persons subject to any judicial proceeding shall be are entitled to legal counsel. Those persons unable to afford legal representation shall must be appointed counsel by the family court.

(C)(3) The interests of the State and the local child protective services agency Department of Social Services must be represented by the legal representatives of the Department of Social Services in any judicial proceeding."

SECTION 3. Subarticle 1, Article 7, Chapter 7, Title 20 of the 1976 Code, as last amended by Act 494 of 1994, is further amended to read:

Section 20-7-480. Recognizing that abused and neglected children in South Carolina need protection, it is the purpose of this article to save them from injury and harm by establishing an effective reporting system and encouraging the reporting of children in need of protection; by

(A) Any intervention by the State into family life on behalf of children must be guided by law, by strong philosophical underpinnings, and by sound professional standards for practice. Child Welfare Services must be based on these principles:

(1) Parents have the primary responsibility for and are the primary resource for their children.

(2) Children should have the opportunity to grow up in a family unit if at all possible.

(3) State and community agencies have a responsibility to implement prevention programs aimed at identifying high risk families and to provide supportive intervention to reduce occurrence of maltreatment.

(4) Services for families should be accessible and designed to encourage and enable families to adequately deal with their problems within their own family system.

(5) All child welfare intervention by the State has as its primary goal the welfare and safety of the child.

(6) Child welfare intervention into a family's life should be structured so as to avoid a child's entry into the protective service and foster care systems if at all possible.

(7) The state's child welfare system must be designed to be child-centered, family-focused, community-based, and culturally competent in its prevention and protection efforts.

(8) Neighborhoods and communities are the primary source of opportunities and supports for families and have a primary responsibility in assuring the safety and vitality of their members.

(9) The Department of Social Services shall collaborate with the community to identify, support, and treat families in a nonthreatening manner, in both investigative and family assessment situations.

(10) A family assessment approach, stressing the safety of the child, building on the strengths of the family, and identifying and treating the family's needs is the appropriate approach for cases not requiring law enforcement involvement or the removal of the child.

(12) Should removal of a child become necessary, the state's foster care system must be prepared to provide timely and appropriate placements for children with relatives or in licensed foster care settings and to establish a plan which reflects a commitment by the State to achieving permanency for the child within reasonable timelines.

(13) The Department of Social Services staff who investigate serious child abuse and neglect reports with law enforcement must be competent in law enforcement procedures, fact finding, evidence gathering, and effective social intervention and assessment.

(14) Services should be identified quickly and should build on the strengths and resources of families and communities.

(B) It is the purpose of this article to:

(1) acknowledge the different intervention needs of families;

(2) establish an effective system of services throughout the State to safeguard the well-being and development of endangered children and to preserve and stabilize family life, whenever appropriate;

(3) ensure permanency on a timely basis for children when removal from their homes is necessary;

(4) establish fair and equitable procedures, compatible with due process of law to intervene in family life with due regard to the safety and welfare of all family members; and

(5) establish an effective system of protection of children from injury and harm while living in public and private residential agencies and institutions meant to serve them.

Section 20-7-490. When used in this article and unless the specific context indicates otherwise:

(A)(1) `Child' means a person under the age of seventeen eighteen.

(B)(2) `Abused or neglected child' means a child whose death results from or whose physical or mental health or welfare is harmed or threatened with harm, as defined by items (C)(3) and (D)(4), by the acts or omissions of his the child's parent, guardian, or other person responsible for his welfare.

(C) `Harm' to a child's health or welfare can occur when the parent, guardian, or other person responsible for his the child's welfare:

(1)(a) inflicts or allows to be inflicted upon the child physical or mental injury, including injuries sustained as a result of excessive corporal punishment, but excluding corporal punishment or physical discipline which meets each of the following guidelines:

(b)(ii) It must be is perpetrated for the sole purpose of restraining or correcting the child.;

(c)(iii) The force or violence of the discipline must be is reasonable in manner and moderate in degree.;

(d)(iv) The force and violence of the discipline must not have has not brought about permanent or lasting damage to the child.

(e)(v) The behavior of the parent must not be is not reckless or grossly negligent behavior by the parents;.

(2)(b) commits or allows to be committed against the child a sexual offense as defined by the laws of this State.;

(3) fails to supply the child with adequate food, clothing, shelter, education as required under Article 1 of Chapter 65 of Title 59 supervision appropriate to the child's age and development, or health care though financially able to do so or offered financial or other reasonable means to do so and the failure to do so has caused physical or mental injury or presents a significant threat of injury as defined by this section. Failure to provide health care is not abuse or neglect when the failure is pursuant to an exercise of judgment by the parent or guardian concerning the health care that would be in the child's best interest and the parent's decision is supported by a physician licensed in South Carolina or another state; For the purpose of this chapter `adequate health care' includes any medical or nonmedical remedial health care permitted or authorized under state law.

(4)(d) abandons the child under circumstances which indicate no intention to return.;

(5)(e) encourages, condones, or approves the commission of delinquent acts by the child and the commission of the acts are shown to be the result of the encouragement, condonation, or approval.

(D)(4) `Threatened harm' means a substantial risk of harm, as defined by item (C)(3).

(E)(5) `A person responsible for a child's welfare' includes the child's parent, guardian, foster parent, an operator, employee, or caregiver, as defined by Section 20-7-2700, of a public or private residential home, institution, agency, or child day care facility or a an adult person who has assumed the role or responsibility of a parent or guardian for the child, but who does not necessarily have legal custody of the child. A person whose only role is as a caregiver and whose contact is only incidental with a child, such as a baby-sitter, or a person who has only incidental contact but may not be a caretaker, has not assumed the role or responsibility of

(F)(6) `Physical injury' means death, or permanent or temporary disfigurement or impairment of any bodily organ or function.

(G)(7) `Mental injury' means a substantial impairment of the intellectual, psychological or emotional capacity of a child as evidenced by inhumane, or unconscionable acts and conduct. Provided, nothing herein shall be construed as prohibiting a person responsible for a child's welfare from imposing reasonable restrictions deemed necessary by such person for the intellectual, psychological or emotional well-being of the child by any of the following means or methods:

(1) restrictions relating to attendance at amusements, concerts, social events or activities, or theaters;

(2) restrictions on amount of exposure to secular activities such as television, extracurricular school activities or community recreational activities;

(3) instructions, directions, or mandates relating to public or private elementary and secondary education or attendance at churches or other places of religious worship an injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment of the child's ability to function when the existence of that impairment is supported by the opinion of a mental health professional or medical professional.

(H)(8) `Institutional child abuse and neglect' means situations of known or suspected child abuse or neglect where the person responsible for the child's welfare is the employee of a public or private residential home, institution, or agency.

(I)(9) `Protective services unit' means the unit established within the Department of Social Services which shall have has prime responsibility for state efforts to strengthen and improve the prevention, identification, and treatment of child abuse and neglect.

(J)(10) `Subject of the report' means any a person who is alleged or determined to have abused or neglected the child, who is mentioned by name in a report or finding reported under this chapter, including any child or parent, guardian or other person responsible for the child's welfare.

(K)(11) `Suspected report' means all initial reports of child abuse or neglect received pursuant to this article.

(M)(13) `Indicated report' means a report of child abuse or neglect supported by facts which warrant a finding by a preponderance of evidence that abuse or neglect is more likely than not to have occurred.

(N)(14) `Probable cause' means facts and circumstances based upon accurate and reliable information, including hearsay, that would justify a reasonable person to believe that a child subject to a report under this article is abused or neglected.

(15) `Preponderance of evidence' means evidence which, when fairly considered, is more convincing as to its truth than the evidence in opposition.

(O)(16) `Local child protective service agency department' means the agency or Department of Social Services in a county or contiguous counties having a prime responsibility for local efforts to strengthen and improve the prevention, identification and treatment of child abuse and neglect.

(P)(17) `Child protective investigation' means any an inquiry conducted by the local child protective service agency department in response to a report of child abuse or neglect made pursuant to this article.

(Q)(18) `Child protective services' means assistance provided by the local child protective services agency department as a result of indicated reports or affirmative determinations of child abuse or neglect, including assistance ordered by the family court or consented to by the family. The objectives of child protective services are to:

(1)(a) to protect the child's safety and welfare,; and

(2)(b) to maintain the child within the family unless the safety of the child requires placement outside the home.

(R)(19) `Affirmative determination' means a finding that more likely than not by a preponderance of evidence that the child was abused or neglected by the person who is alleged or determined to have abused or neglected the child and who is mentioned by name in a report or finding. This finding may be made only by:

(1)(a) the court;

(2)(b) the Department of Social Services upon a final agency decision in its appeals process; or

(S)(20) `Court' means the family court.

(21) `Abandonment of a child' means a parent or guardian wilfully deserts a child or wilfully surrenders physical possession of a child without making adequate arrangements for the child's needs or the continuing care of the child.

(22) `Guardianship of a child' means the duty and authority vested in a person by the family court to make certain decisions regarding a child, including:

(a) to consent to a marriage, enlistment in the armed forces, and medical and surgical treatment;

(b) to represent a child in legal actions and to make other decisions of substantial legal significance affecting a child; and

(c) the rights and responsibilities of legal custody when legal custody has not been vested by the court in another person, agency, or institution.

(23) `Legal custody' means the right to the physical custody, care, and control of a child; the right to determine where the child shall live; the right and duty to provide protection, food, clothing, shelter, ordinary medical care, education, supervision, and discipline for a child and in an emergency to authorize surgery or other extraordinary care. The court may in its order place other rights and duties with the legal custodian. Unless otherwise provided by court order, the parent or guardian retains the right to make decisions of substantial legal significance affecting the child, including consent to a marriage, enlistment in the armed forces, and major nonemergency medical and surgical treatment; the obligation to provide financial support or other funds for the care of the child; and other residual rights or obligations as may be provided by order of the court.

(24) `Party in interest' includes the child, the child's attorney and guardian ad litem, the natural parent, an individual with physical or legal custody of the child, the foster parent, and the local foster care review board.

(25) `Physical custody' means the lawful, actual possession and control of a child.

(26) `Emergency physical custody' means the right to physical custody of a child for a temporary period of no more than twenty-four hours to protect the child from imminent danger.

| Printed Page 1720, Mar. 27 | Printed Page 1740, Mar. 27 |