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/(c) 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 in this section. For the purpose of this chapter `adequate health care' includes any medical or nonmedical remedial health care permitted or authorized under state law./;

Amend further, as and if amended, in Section 20-7-545, page 10, line 28, immediately after the /./ by inserting /This grant of immunity is cumulative to and does not replace any other immunity provided under the South Carolina Tort Claims Act./;

Amend further, as and if amended, Section 20-7-610(A), page 12, by inserting immediately after line 10:

/It is presumed that the child was taken into emergency physical custody, unless the officer clearly communicates to the department that the officer intended to take full emergency protective custody, involving both legal and physical custody, rather than having the decision concerning legal custody made after a preliminary investigation as provided in subsections (D) through (G)./;

Amend further, as and if amended, Section 20-7-610, beginning on page 14, by deleting subsections (H) through (O) and inserting:

/(H) If a law enforcement officer takes a child into emergency protective custody, the department shall conduct a preliminary investigation as provided in this section within seventy-two hours after the child was taken into emergency protective custody and shall make recommendations to the family court at the probable cause hearing or take other appropriate action as provided in this chapter.
(E)(I) The department local child protective services agency, upon the notification assuming legal custody of the child or upon notice from law enforcement that a child has been taken into emergency protective custody, shall begin a child protective investigation, including immediate attention to the protection of other children in the home, or other setting where the child was found. The department agency then shall initiate a removal proceeding in the appropriate family court pursuant to Section 20-7-736 on or before the next working day in the appropriate family court after initiating the investigation concerning a child taken into emergency protective custody. If a noncustodial parent is not named as a party, the

(J) If the child is returned to the child's parent, guardian, or custodian following the preliminary investigation, a probable cause hearing must be held if requested by the child's parent, guardian, or custodian or the department or the law enforcement agency that took emergency physical custody of the child. The request must be made in writing to the court within ten days after the child is returned. A probable cause hearing pursuant to subsection (J) must be scheduled within seven days of the request to determine whether there was probable cause to take emergency physical custody of the child.

(K) The family court shall schedule a pretrial probable cause hearing to be held within ten days seventy-two hours of the initiation of the proceedings time the child was taken into emergency protective custody or within seventy-two hours of the time the child was taken into emergency physical custody if legal custody subsequently was assumed by the department, unless If the tenth third day falls upon a Saturday, Sunday, or holiday, then the pretrial probable cause hearing must be held no later than the next working day. If there is no term of court in the county when the pretrial probable cause hearing must be held, the hearing must be held in another county in the circuit. If there is no term of family court in another county in the circuit, then the pretrial probable cause hearing must may be heard in another court in an adjoining circuit. The probable cause hearing may be conducted by videoconference at the discretion of the judge. At the pretrial probable cause hearing, the family court shall undertake to fulfill the requirements of Section 20-7-110 and shall conduct a prima facie review of emergency action taken or initiated in behalf of the child determine whether there was and remains probable

(L) An order issued as a result of the probable cause hearing held pursuant to subsection (J) concerning a child of whom the department has assumed legal custody shall contain a finding by the court of whether reasonable efforts were made by the department to prevent removal of the child and a finding of whether continuation of the child in the home would be contrary to the welfare of the child. The order shall state:

(1) the services made available to the family before the department assumed legal custody of the child and how they related to the needs of the family;

(2) the efforts of the department to provide services to the family before assuming legal custody of the child;

(3) why the efforts to provide services did not eliminate the need for the department to assume legal custody;

(4) whether a meeting was convened as provided in subsection (D), the persons present, and the outcome of the meeting or, if no meeting was held, the reason for not holding a meeting;

(5) what efforts were made to place the child with a relative known to the child or in another familiar environment;

(6) whether the efforts to eliminate the need for the department to assume legal custody were reasonable including, but not limited to, whether services were reasonably available and timely, reasonably adequate to address the needs of the family, reasonably adequate to protect the child and realistic under the circumstances, and whether efforts to place the child in a familiar environment were reasonable.

An order issued as a result of the probable cause hearing held pursuant to subsection (J) concerning a child taken into emergency protective custody also shall contain the findings required in this subsection unless the court finds that the department's first contact with the child occurred under such circumstances that reasonable services would not have allowed the child to remain safely in the home. If the court finds that reasonable

(M) If the court orders the child to remain in the legal custody of the department at the probable cause hearing, the family court may order expedited placement of the child with a relative of the first or second degree. The court shall require the department to check the names of all adults in the home against the Central Registry of Child Abuse and Neglect, other relevant records of the department, county sex abuse registers, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the person resides and, to the extent reasonably possible, jurisdictions in which the person has resided during that period. The court may hold open the record of the probable cause hearing for twenty-four hours to receive the reports and based on these reports and other information introduced at the probable cause hearing, the court may order expedited placement of the child in the home of the relative. Nothing in this subsection precludes the department from requesting or the court from ordering pursuant to the department's request either a full study of the relative's home before placement or the licensing or approval of the relative's home before placement.

(F)(N) The family court may order ex parte that a child be taken into emergency protective physical custody without the consent of parents, guardians, or others exercising temporary or permanent control over the child if:

(1) The family court judge determines there is probable cause to believe that by reason of abuse or neglect there exists an imminent and substantial danger to the child's life, health, or physical safety; and

(2) Parents, guardians, or others exercising temporary or permanent control over the child are unavailable or do not consent to the child's removal from their custody.

(G)(O) If the court issues such an order it the court shall schedule a pretrial hearing, pursuant to the provisions of Section 20-7-736 and pursuant to the requirements of subsection (D)(K), within ten days seventy-two hours after the child was placed in taken into emergency physical custody. If the third day falls upon a Saturday, Sunday, or holiday, the hearing must be held no later than the next working day.

(P) The department and local law enforcement agencies shall develop written protocols to address issues related to emergency physical custody and emergency protective custody. The protocols shall cover at a minimum information exchange between the department and local law enforcement agencies, consultation on decisions to assume legal custody,

Amend further, as and if amended, Section 20-7-650(H) as contained in SECTION 7, page 23, by deleting lines 8 through 10 and inserting:

/immediately into the automated statewide Central Registry of Child Abuse and Neglect. Reports of child abuse and neglect must be entered into the registry and maintained in the agency files in the agency's centralized data system/;

Amend further, as and if amended, Section 20-7-650(H)(1), page 23, by deleting lines 22 and 23 and inserting:

/(1) Indicated reports must be maintained by the agency department only when accompanied by supplemental/;

Amend further, as and if amended, in Section 20-7-650, beginning on line 33, page 25, by deleting subsections (K) through (P) and inserting:

/(H)(K) A family court order resulting from proceedings initiated by the agency pursuant to Sections 20-7-738 and 20-7-736 must include a judicial determination for inclusion in the statewide Central Registry of whether or not the subject of the report more likely than not abused or neglected the child. At a hearing pursuant to Section 20-7-610(K), 20-7-736, or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court shall determine whether the report must be entered on the Central Registry of Child Abuse and Neglect. The court shall order that the report be entered on the Central Registry if it finds that there is a preponderance of evidence that the child was abused or neglected and that the perpetrator would present a significant risk of child maltreatment if placed in a position involving care of or substantial contact with children.
(L) At any time following receipt of a report the department may petition the family court for an order directing that the report be entered on the Central Registry of Child Abuse and Neglect. The petition shall have attached a written case summary stating facts sufficient to establish by a preponderance of the evidence that the child was abused or neglected and that the perpetrator would present a significant risk of child maltreatment if placed in a position involving care of or substantial contact with children. The department shall serve a copy of the petition and summary on the subject of the report. The petition shall include a statement that the judge will rule based on the facts stated in the petition unless the subject of the report within five days after service of the petition makes a written request for a hearing to the attorney for the department. The name, address, and telephone number of the attorney for

(I)(M) The local child protective service agency department is charged with providing, directing, or coordinating the appropriate and timely delivery of services to children found to be abused or neglected and those responsible for their welfare or others exercising temporary or permanent control over such these children. Services must not be construed to include emergency protective custody provided for in Section 20-7-736.

(J)(N) In cases where a report has been filed with the Central Registry of Child Abuse and Neglect, as required by subsection (E), the outcome of any further proceedings must be entered immediately by the agency department into the Central Registry of Child Abuse and Neglect within seven days. If it is determined that there is not a preponderance of evidence that the subject of the report committed child abuse or neglect, the department must immediately purge identifying information concerning that person from the registry and from agency records as provided in Section 20-7-680(D) and (E).

(K)(O) After the initiation of protective services by the agency, if those receiving services indicate a refusal to cooperate, the agency shall withdraw. If the facts so warrant, the agency may petition the family court to invoke the jurisdiction of the court under the Family Court Act to intervene, but the agency may not threaten action to coerce participation. The department shall furnish to parents or guardians on a standardized form the following information as soon as reasonably possible after commencing the investigation:

(1) the names of the investigators;

(2) the allegations being investigated;

(3) whether the person's name has been recorded by the department as a suspected perpetrator of abuse or neglect;

(4) the right to inspect department records concerning the investigation;

(8) the telephone number and name of a department employee available to answer questions.

(L)(P) The agency department shall cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the child protective services agency department. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the agency department shall notify the appropriate law enforcement agency of those facts within twenty-four hours of the agency's department's finding for the purposes of police investigation. The law enforcement agency shall file a formal incident report at the time it is notified by the agency department of the finding. When the intake report is of alleged sexual abuse, the agency department must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency shall file a formal incident report at the time it is notified of the alleged sexual abuse. In cases where the agency retains custody of the minor child(ren) and physical placement of the child(ren) is in the care of relatives the agency must provide the same services along with financial benefits provided to other license foster care placement and facilities provided the adult(s) with whom the child is placed meet all qualifications applicable to foster parents.

(M)(Q) The agency department actively shall seek the cooperation and involvement of local public and private institutions, groups, and programs concerned with matters of child protection and welfare within the area it serves.

(N)(R) The local child protective service agency office of the department responsible for situated in the county of the mother's legal residence shall provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local child protective service agency office is the responsibility of the agency or institution with custody of the mother.

Amend further, as and if amended, Section 20-7-652(A), page 27, by deleting lines 8-9 and inserting:

/other person responsible for the welfare of a child will not consent to health care needed by the child, the department shall investigate pursuant/;

Amend further, as and if amended, Section 20-7-652, page 27, by deleting subsection (C) and inserting:

/(C) This section does not authorize intervention if the child is under the care of a physician licensed under Chapter 47, Title 40, who supports the decision of the parent or guardian as a matter of reasonable medical judgment./;

Amend further, as and if amended, in Section 20-7-680(B), page 31, line 39, after /unit/ by inserting /in accordance with Section 20-7-650./;

Amend further, as and if amended, Section 20-7-764, page 50, by inserting immediately after line 9:

/(I) Upon petition of a party in interest, the court may order the state or county director or other authorized representative of the department to show cause why the agency should not be required to provide services in accordance with the plan. A person who fails to comply with an order may be held in contempt and subject to appropriate sanctions imposed by the court./;

Amend further, as and if amended, Section 20-7-1570, page 57, by deleting subsection (A) and inserting:

/(A) If the parent is not represented by counsel, the judge shall make a determination on a case by case basis whether counsel is required. If the parent is indigent and counsel is not appointed, the judge shall enter on the record the reasons counsel was not required. Parents, guardians, or other persons subject to a termination of parental rights action are entitled to legal counsel. Those persons unable to afford legal representation must be appointed counsel by the family court, unless the defendant is in default./;

Amend further, as and if amended, Section 20-7-1570(B), page 57, by deleting (B) and inserting:

/(B) Any A child subject to any judicial proceeding under this subarticle must be appointed a guardian ad litem by the family court. If the a guardian ad litem who is not an attorney finds that appointment of counsel is necessary to protect the rights and interests of the child, an attorney must be appointed. If the guardian ad litem is an attorney, the judge shall determine on a case by case basis whether counsel is required for the

Amend the bill, as and if amended, SECTION 22, page 65, line 39, by deleting /July 1, 1996/ and inserting /January 1, 1997/.

Renumber sections to conform.

Amend totals and title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

The following Bill having been read the second time was ordered placed on the third reading Calendar:

H. 4522 -- Reps. Allison, Wells, Littlejohn, Walker and Lee: A BILL TO AMEND SECTION 20-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR FILING A PETITION; AND TO AMEND SECTION 20-4-60, RELATING TO ORDERS FOR PROTECTION, SO AS TO PROHIBIT GRANTING A MUTUAL ORDER OF PROTECTION EXCEPT UNDER CERTAIN CONDITIONS.

On motion of Senator HOLLAND, with unanimous consent, H. 4522 was ordered to receive a third reading on Thursday, May 23, 1996.

S. 942 -- Senators Giese, Wilson, Elliott and Reese: A BILL TO AMEND SECTION 22-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE OF A DULY SUMMONED JUROR IN MAGISTRATE'S COURT TO APPEAR, SO AS TO INCREASE THE PENALTY FOR VIOLATION; AND TO AMEND SECTION 22-3-950, RELATING TO A

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD0942.001), which was adopted:

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

/SECTION 1. Section 22-2-130 of the 1976 Code is amended to read:

"Section 22-2-130. If any juror duly summoned shall neglect or refuse neglects or refuses to appear in obedience to any venire issued by any a magistrate's court and shall not within forty-eight hours does not render to the summoning magistrate a sufficient reason for his delinquency, he shall forfeit and pay a fine of ten dollars to the treasury of the county in which the case is tried, to be assessed by such magistrate and collected on his warrant without other process must be fined not exceeding fifty dollars. A failure to pay forthwith such the fine so assessed shall constitute constitutes a contempt of court and may be punished accordingly. No person shall serve on a jury in a magistrate's court more than once in a three-month period."

SECTION 2. Section 22-3-950 of the 1976 Code is amended to read:

"Section 22-3-950. Every magistrate shall have power to enforce the observance of decorum in his court while holding the same and for that purpose he may punish for contempt any person who shall, in the presence of the court, shall offer an insult to the magistrate or a juror or who shall be is wilfully guilty of an undue disturbance of the proceedings before the magistrate while sitting officially, as for a contempt, by fine and imprisonment, either or both, not exceeding twenty dollars fine and twelve hours imprisonment. A person guilty of contempt of court must be fined not exceeding twenty dollars or imprisoned not exceeding forty-eight hours, to be imposed in the discretion of the court."

SECTION 3. Section 14-7-1390 of the 1976 Code is amended to read:

"Section 14-7-1390. If a person duly drawn and summoned to attend as a juror in any court neglects to attend, without sufficient excuse, he shall pay a fine not exceeding twenty fifty dollars which shall be imposed by the court to which the juror was summoned and shall be paid into the county treasury."

SECTION 4. This act takes effect upon approval by the Governor./

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