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Current Status Bill Number:View additional legislative information at the LPITS web site.3631 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990302 Primary Sponsor:Allison All Sponsors:Allison, Littlejohn and Walker Drafted Document Number:l:\council\bills\gjk\20294afc99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Parental access to educational and medical records of minor child prohibited when domestic violence, child abuse; Minors History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990302 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO REQUIRE THE COURT TO PROHIBIT A PARENT'S ACCESS AND RIGHT TO OBTAIN EDUCATIONAL AND MEDICAL RECORDS AND TO PARTICIPATE IN SCHOOL ACTIVITIES IF THE PARENT HAS BEEN CONVICTED OF CERTAIN CRIMES IN WHICH THE SPOUSE OR CHILD WAS A VICTIM OR IF THE PARENT HAS BEEN FOUND BY THE COURT TO HAVE PERPETRATED ABUSE OR NEGLECT AGAINST THE CHILD OR DOMESTIC VIOLENCE AGAINST THE SPOUSE OR CHILD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-100 of the 1976 Code, as last amended by Act 421 of 1996, is further amended to read:
"Section 20-7-100. (A) The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor.
(B) Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their children's school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child.
(C) The court shall prohibit a noncustodial parent's access and the right to obtain records and participate in school activities if the noncustodial parent has:
(1) been convicted or pled guilty or nolo contendere to a crime in which the custodial parent or the child was the victim including, but not limited to assault, battery, criminal domestic violence, spousal sexual battery, harassment, or stalking;
(2) been found by the court to have perpetrated abuse or neglect against the child or domestic violence against the spouse or child; or
(3) had an order for protection from domestic violence issued against him and the custodial parent or child was a victim of the domestic violence."
SECTION 2. This act takes effect upon approval by the Governor.
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