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Current Status Bill Number:View additional legislative information at the LPITS web site.1249 Ratification Number:423 Act Number:345 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20020424 Primary Sponsor:Short All Sponsors:Short, Fair Drafted Document Number:l:\s-jud\bills\short\jud0119.lhs.doc Date Bill Passed both Bodies:20020530 Governor's Action:S Date of Governor's Action:20020719 Subject:Guardians ad litem, counsel appointed for; provisions regarding adoptions History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020731 Act No. A345 ------ 20020719 Signed by Governor ------ 20020604 Ratified R423 House 20020530 Read third time, enrolled for ratification House 20020529 Read second time House 20020516 Request for debate by Representative Altman Cooper Sharpe Thompson White G.M. Smith Bales Harrison House 20020515 Debate adjourned until Thursday, 20020516 House 20020508 Recalled from Committee 25 HJ House 20020501 Introduced, read first time, 25 HJ referred to Committee Senate 20020430 Read third time, sent to House Senate 20020425 Read second time Senate 20020424 Introduced, read first time, placed on Calendar without reference Versions of This Bill Revised on April 24, 2002 - Word format Revised on May 8, 2002 - Word format
(A345, R423, S1249)
AN ACT TO AMEND SECTION 20-7-1570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNSEL FOR A GUARDIAN AD LITEM, SO AS TO PROVIDE THAT COUNSEL MUST BE APPOINTED FOR A GUARDIAN AD LITEM WHO IS NOT AN ATTORNEY IN ANY CASE THAT IS CONTESTED; TO AMEND SECTION 20-7-1690, RELATING TO THE REIMBURSEMENT FOR FEES AND COSTS FOR THE CONSENT OR RELINQUISHMENT OF A CHILD FOR ADOPTION, SO AS TO PROVIDE THAT THE COURT MAY APPROVE AN ADOPTION WHILE NOT APPROVING UNREASONABLE FEES AND COSTS; TO AMEND SECTION 20-7-1700, RELATING TO FUTURE CHILD SUPPORT OBLIGATIONS AFTER THE CONSENT OR RELINQUISHMENT HAS BEEN GIVEN FOR AN ADOPTION, SO AS TO PROVIDE THAT THE GIVING OF CONSENT OR RELINQUISHMENT FOR AN ADOPTION RELIEVES A PERSON OF ALL RIGHTS AND OBLIGATIONS, INCLUDING FUTURE CHILD SUPPORT OBLIGATIONS; TO AMEND SECTION 20-7-1770, RELATING TO OPEN AND COOPERATIVE ADOPTIONS, SO AS TO PROVIDE THAT A FINAL ADOPTION DECREE IS NOT AFFECTED BY AN AGREEMENT ENTERED INTO BEFORE THE ADOPTION BETWEEN A CHILD'S ADOPTIVE AND BIOLOGICAL PARENTS CONCERNING VISITATION, EXCHANGE OF INFORMATION, OR OTHER INTERACTION BETWEEN THE CHILD AND ANY OTHER PERSON.
Be it enacted by the General Assembly of the State of South Carolina:
Attorney to be appointed in contested cases
SECTION 1. Section 20-7-1570 of the 1976 Code is amended to read:
"(A) 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.
(B) A child subject to any judicial proceeding under this subarticle must be appointed a guardian ad litem by the family court. If 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 must determine on a case-by-case basis whether counsel is required for the guardian ad litem. However, counsel must be appointed for a guardian ad litem who is not an attorney in any case that is contested."
Court may approve adoption while not approving fee, etc.
SECTION 2. Section 20-7-1690(F) of the 1976 Code is amended to read:
"(F) Under no circumstances may a child-placing agency or any person receive a fee, compensation, or any other thing of value as consideration for giving a consent or relinquishment of a child for the purpose of adoption and no child-placing agency or person may receive a child for payment of such fee, compensation, or any other thing of value.
However, costs may be assessed and payment made, subject to the court's approval, for the following:
(1) reimbursements for necessary, actual medical, and reasonable living expenses incurred by the mother and child for a reasonable period of time;
(2) the fee for obtaining investigations and reports as required by Section 20-7-1740;
(3) the fee of the individuals required to take the consent or relinquishment, as required by Section 20-7-1705(A);
(4) the fee of a guardian ad litem appointed pursuant to Section 20-7-1732;
(5) reasonable attorney's fees and costs for actual services rendered;
(6) reasonable fees to child-placing agencies; and
(7) reasonable fees to sending agencies as defined in Section 20-7-1980(2)(b), the Interstate Compact on the Placement of Children.
The court may approve an adoption while not approving unreasonable fees and costs."
Consent or relinquishment does not relieve person from obligation unless approved by court
SECTION 3. Section 20-7-1700(A) of the 1976 Code is amended to read:
"(A) Consent or relinquishment for the purpose of adoption, pursuant to Section 20-7-1690, must be made by a sworn document, signed by the person or the head of the agency giving consent or relinquishment after the birth of the adoptee, and must specify the following:
(1) the permanent address of the person or agency making the sworn written statement;
(2) the date, time, and place of the signing of the statement;
(3) the date of birth, race, and sex of the adoptee and any names by which the adoptee has been known;
(4) the relationship of the adoptee to the person or agency giving consent or relinquishment;
(5) the name and address of the adoptee's mother or father;
(6) that the consent or relinquishment by the person or agency forfeits all rights and obligations of the person or agency with respect to the named adoptee, including any future child support obligation. Giving consent or relinquishment does not relieve a person from the obligation to pay a child support arrearage unless approved by the court;
(7) that consent or relinquishment once given must not be withdrawn except by order of the court upon a finding that it is in the best interests of the child, and that the consent or relinquishment was not given voluntarily or was obtained under duress or through coercion; and that the entry of the final decree of adoption renders any consent or relinquishment irrevocable;
(8) that the person or agency giving the consent or relinquishment understands that consent or relinquishment must not be given if psychological or legal advice, guidance, or counseling is needed or desired and that none is needed or desired;
(9) that the person or agency giving the consent or relinquishment waives further notice of the adoption proceedings, unless the proceedings are contested by another person or agency;
(10) that the person or agency giving the consent or relinquishment is doing so voluntarily, and the consent or relinquishment is not being obtained under duress or through coercion; and
(11) that the person or agency giving the consent or relinquishment has received a copy of the document."
Final adoption decree not affected by previous agreement
SECTION 4. Section 20-7-1770 of the 1976 Code is amended to read:
"(A) After the final decree of adoption is entered, the relationship of parent and child and all the rights, duties, and other legal consequences of the natural relationship of parent and child exist between the adoptee, the adoptive parent, and the kindred of the adoptive parent.
(B) After a final decree of adoption is entered, the biological parents of the adoptee are relieved of all parental responsibilities and have no rights over the adoptee.
(C) Notwithstanding any other provision to the contrary in this section, the adoption of a child by an adoptive parent does not in any way change the legal relationship between the child and either biological parent of the child whose parental responsibilities and rights are not expressly affected by the final decree.
(D) The validity of the final decree of adoption is not affected by an agreement entered into before the adoption between adoptive parents and biological parents concerning visitation, exchange of information, or other interaction between the child and any other person. Such an agreement does not preserve any parental rights with the biological parents and does not give to them any rights enforceable in the courts of this State."
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Ratified the 4th day of June, 2002.
Approved the 19th day of July, 2002.
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