Printed Page 1780, Mar. 27
| Printed Page 1800, Mar. 27
|
Printed Page 1780, Mar. 27
| Printed Page 1800, Mar. 27
| 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."
SECTION 15. The 1976 Code is amended by adding:
"Section 20-7-2377. The Foster Care Review Board may participate in judicial reviews pursuant to Sections 20-7-736, 20-7-766, and 20-7-1562 but shall file a motion to intervene if it intends to become a party to the action."
SECTION 16. Section 20-7-2379 of the 1976 Code, as last amended by Part II, Act 497 of 1994, is further amended to read:
"Section 20-7-2379. There is created, as part of the Office of the Governor, the Division for Review of the Foster Care of Children. The division must be supported by a board consisting of seven members, all of whom must be past or present members of local review boards. There must be one member from each congressional district and one member from the State at large, all appointed by the Governor with the advice and consent of the Senate. Terms of office for the members of the board are for four years and until their successors are appointed and qualify. Of the initial appointments, the Governor shall designate two members to serve for one year, two for a term of two years, two for a term of three years, and one for a term of four years. Thereafter, appointments Appointments must be made by the Governor in the manner as prescribed above for terms of four years to expire on June thirtieth of the appropriate year. The board shall elect from its members a chairman who shall serve for two years. Four members of the board constitute a quorum for the transaction of business. Members of the board shall receive per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees while engaged in the work of the board. The board shall meet at least quarterly and more frequently upon the call of the division director to review and coordinate the activities of the local review boards and make recommendations to the General Assembly with regard to foster care policies, procedures, and deficiencies of public and private agencies which arrange for foster care of children as determined by the review of cases provided for in items (A) and (B) of Section 20-7-2376(A) and (B). These recommendations must be included in an annual report, filed with the General Assembly, of the activities of the
The Governor may employ a division director to serve at his the Governor's pleasure who may be paid an annual salary to be determined by the Governor. The director may be removed pursuant to the provisions of Section 1-3-240. The director shall employ staff as is necessary to carry out the provisions of this subarticle, and the staff must be compensated in an amount and in a manner as may be determined by the Governor. The provisions of this This subarticle may not be construed to provide for subpoena authority."
SECTION 17. Section 20-7-50 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 20-7-50. It is unlawful for a person who has the legal custody of a child or helpless person, without lawful excuse, to refuse or neglect to provide the proper care and attention, as defined in Section 20-7-490, for the child or helpless person, so that the life, health, or comfort of the child or helpless person is endangered or is likely to be endangered.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.
(A) It is unlawful for a person who has charge or custody of a child, who is the parent or guardian of a child, or who is responsible for the care and support of a child to:
(1) place the child at unreasonable risk of harm affecting the child's life, physical or mental health, or safety,
(2) do or cause to be done unlawfully or maliciously any bodily harm to the child so that the life or health of the child is endangered or likely to be endangered; or
(3) wilfully abandon the child.
SECTION 18. Section 20-7-70 of the 1976 Code is amended to read:
"Section 20-7-70. Whoever tortures, torments, cruelly ill-treats, deprives of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon any a child or causes the same to be done, whether such the person be is the parent or guardian or have has charge or custody of such the child, shall, for every such offense, be is guilty of a misdemeanor and, upon conviction, be punished by imprisonment in jail must be imprisoned not exceeding more than thirty days or by fine fined not exceeding one more than two hundred dollars, at the discretion of the magistrate. All the provisions of Chapter 1 of Title 47 in reference to the prevention of cruelty to animals shall be extended to the enforcement of this section."
SECTION 19. Subarticle 4, Article 3, Chapter 7, Title 20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
Section 20-7-121. There is created the South Carolina Guardian ad Litem Program to serve as a statewide system to provide training and supervision to volunteers who serve as court appointed special advocates for children in abuse and neglect proceedings within the family court, pursuant to Section 20-7-110. This program must be administered by the Office of the Governor.
Section 20-7-122. The responsibilities and duties of the a guardian ad litem are to:
(1) to represent the best interests of the child;
(2) to advocate for the welfare and rights of a child involved in an abuse or neglect proceeding;
(3) to conduct an independent assessment of the facts, the needs of the child, and the available resources within the family and community to meet those needs;
(4) to maintain accurate, written case records;
(5) to provide the family court with a written report, consistent with the rules of evidence and the rules of the court, which includes without limitation evaluation and assessment of the issues brought before the court and recommendations for the case plan, the wishes of the child, if appropriate, and subsequent disposition of the case;
(7) to protect and promote the best interests of the child until formally relieved of the responsibility by the family court.
Section 20-7-123. No person may be appointed as a guardian ad litem for a child in an abuse or neglect proceeding who has been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, in Chapter 15 of Title 16, Offenses Against Morality and Decency, in Article 3 of Chapter 53 of Title 44, Narcotics and Controlled Substances, or for the crime of contributing to the delinquency of a minor, provided for in Section 16-17-490.
Section 20-7-124. (A) The guardian ad litem is charged in general with the duty of representation of the child's best interests. After appointment by the family court to a case involving an abused or neglected child, the guardian ad litem shall receive appropriate notice of all court hearings and proceedings regarding the child. The obligation of the guardian ad litem to the court is a continuing one and continues until formally relieved by the court.
(B) The guardian ad litem is authorized to:
(1) conduct an independent assessment of the facts;
(2) confer with and observe the child involved;
(3) interview persons involved in the case;
(4) participate on any multidisciplinary evaluation team for the case on which the guardian ad litem has been appointed;
(5) make recommendations to the court concerning the child's welfare;
(6) make motions necessary to enforce the orders of the court, seek judicial review, or petition the court for relief on behalf of the child.
(C) The guardian ad litem is authorized through counsel to introduce, examine, and cross-examine witnesses in any proceeding involving the child and participate in the proceedings to any degree necessary to represent the child adequately.
Section 20-7-125. All reports made and information collected as described in Section 20-7-690(A) must be made available to the guardian ad litem by the State Department of Social Services. Upon proof of appointment as guardian ad litem and upon his the guardian ad litem's request, access to information must be made available to him the guardian ad litem's by the appropriate medical and dental authorities, psychologists, social workers, counselors, schools, and any agency providing services to the child.
(B) The name, address, and other identifying characteristics of any a person named in a report determined to be judicially unfounded must be destroyed one year from the date of the determination. The name, address, and other identifying characteristics of any person named in a report determined to be judicially indicated must be destroyed seven years from the date that the guardian ad litem formally is relieved of his responsibility as guardian ad litem by the family court.
(C) The Director of the Guardian ad Litem Program or the director's designee may disclose to the media information contained in child protective services records if disclosure is limited to discussion of the program's activities in handling the case. The program may incorporate into its discussion of the handling of the case any information placed in the public domain by other public officials, a criminal prosecution, the alleged perpetrator or the attorney for the alleged perpetrator, or other public judicial proceedings. For purposes of this subsection, information is considered `placed in the public domain' when it has been reported in the news media, is contained in public records of a criminal justice agency, is contained in public records of a court of law, or has been the subject of testimony in a public judicial proceeding.
Section 20-7-127. After participating in the training program of the Guardian ad Litem Program, any a person who is appointed to serve as guardian ad litem and serves without compensation is not liable for any civil damages for any personal injury as a result of any act or omission by the person in the discharge of the responsibilities of a guardian ad litem if he the person acts in good faith and is not guilty of gross negligence.
Section 20-7-129. The General Assembly shall provide the funds necessary to carry out the provisions of Sections 20-7-121 through 20-7-128 20-7-127 and 20-7-690(B)(5) and 20-7-690(C)(5)."
SECTION 20. (A) If a provision of this act or the application of a provision of this act to a person or circumstance is held invalid, or if a provision of this act is found to be in conflict with federal statutes or regulations, that invalidity or conflict does not affect the other provisions of this act and to this end the provisions are severable.
(1) construed and applied in such a way as to conform to federal requirements; or
(2) is invalid and provisions of law in effect before the passage of this act apply.
SECTION 21. Sections 20-7-60, 20-7-80, and 20-7-128 of the 1976 Code are repealed.
SECTION 22. This act takes effect July 1, 1996./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COTTY explained the amendment.
Rep. COTTY spoke in favor of the amendment and moved to adjourn debate upon the Bill until Tuesday, April 2, which was adopted.
The following Bill was taken up.
H. 4445 -- Reps. Harrison, Baxley, Martin, D. Smith, Wofford, Jennings, Kelley and J. Young: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE THAT ALL CONTESTED CASE PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE SHALL BE GOVERNED BY THE RULES OF PROCEDURE OF THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 1-23-330, RELATING TO EVIDENTIARY MATTERS IN CONTESTED CASES, SO AS TO PROVIDE THAT THE STANDARD OF PROOF SHALL BE THE PREPONDERANCE OF THE EVIDENCE EXCEPT IN PROFESSIONAL LICENSING CASES IN WHICH THE STANDARD OF PROOF SHALL BE CLEAR AND CONVINCING EVIDENCE; TO AMEND SECTION 1-23-570, RELATING TO THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION BEING RESPONSIBLE FOR THE ADMINISTRATION OF THE DIVISION, SO AS TO PROVIDE THAT THE CHIEF JUDGE SHALL ASSIGN JUDGES TO HEAR ALL CASES RATHER THAN CONTESTED CASES COMING BEFORE THE DIVISION; TO AMEND SECTION
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22512SD.96), which was adopted.
Amend the bill, as and if amended, by striking SECTION 6 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN moved to adjourn debate upon the Bill until Tuesday, April 2, which was adopted.
Rep. SHEHEEN moved that the House do now adjourn.
Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Breeland Brown, G. Brown, J. Canty Carnell Cave Chamblee
Clyburn Cobb-Hunter Delleney Fulmer Hallman Harris, J. Harvin Hines, J. Howard Inabinett Jennings Keyserling Lee Lloyd Martin McCraw McMahand McTeer Moody-Lawrence Neal Phillips Rogers Sheheen Tucker Whipper, L. Whipper, S. White Williams
Those who voted in the negative are:
Allison Brown, H. Cain Cato Cotty Cromer Dantzler Easterday Felder Fleming Gamble Harrell Harrison Haskins Herdklotz Jaskwhich Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason Meacham Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young-Brickell
So, the House refused to adjourn.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4790 -- Labor, Commerce and Industry Committee: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 25 SO AS TO ENACT THE "SOUTH CAROLINA BANKING AND BRANCHING EFFICIENCY ACT OF 1996" WHICH PROVIDES THE PROCEDURES AND CONDITIONS UNDER WHICH ACQUISITIONS OF SOUTH CAROLINA BANKS AND SOUTH CAROLINA BANK HOLDING COMPANIES MAY BE EFFECTED, UNDER WHICH SOUTH CAROLINA BANKS MAY ENTER INTO INTERSTATE MERGER TRANSACTIONS WITH OUT-OF-STATE BANKS, UNDER WHICH THE OUT-OF-STATE BANKS RESULTING FROM SUCH TRANSACTIONS MAY OPERATE AND MAINTAIN BRANCHES IN THIS STATE, AND UNDER WHICH SOUTH CAROLINA STATE BANKS MAY OPERATE BRANCHES OUTSIDE THIS STATE; TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO REPEAL CHAPTER 24 OF TITLE 34, RELATING TO SOUTH CAROLINA BANK HOLDING COMPANY ACT.
Rep. GAMBLE explained the Bill.
H. 4676 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-3320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF BINGO GAMES AND DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "NONPROFIT ORGANIZATION".
Rep. CARNELL explained the Bill.
H. 4681 -- Rep. Koon: A BILL TO AMEND SECTION 33-37-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THE PROVISION THAT SUCH CORPORATIONS AND ITS SECURITIES ARE EXEMPT FROM TAXATION, SO AS TO PROVIDE THAT THE CORPORATION IS NOT SUBJECT TO ANY CORPORATION LICENSE TAX OR FEE IMPOSED BY CHAPTER 20 OF TITLE 12; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THEIR POWERS, SO AS TO PERMIT THE
Rep. CARNELL explained the Bill.
S. 1082 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE MADE AVAILABLE BY THE STATE BUDGET AND CONTROL BOARD TO ACTIVE AND RETIRED STATE AND SCHOOL DISTRICT EMPLOYEES AND OTHERS, SO AS TO PROVIDE AN EXCLUSIVE REMEDY FOR RESOLVING CLAIMS WITH RESPECT TO THE PAYMENT OF BENEFITS.
Rep. LANFORD explained the Bill.
The following Joint Resolution was taken up.
H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that the first paragraph of Section 11, Article X of the Constitution of this State be amended to read:
"The credit of neither the State nor of any of its political subdivisions shall be pledged or loaned for the benefit of any individual, company, association, corporation, or any religious or other private education institution except as permitted by Section 3, Article XI of this Constitution. Neither the State nor any of its political subdivisions shall
Printed Page 1780, Mar. 27
| Printed Page 1800, Mar. 27
|