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COMMITTEE REPORT
April 24, 2002
H. 5048
S. Printed 4/24/02--H. [SEC 4/29/02 8:49 AM]
Read the first time April 9, 2002.
To whom was referred a Bill (H. 5048) to amend Section 20-7-510, as amended, Code of Laws of South Carolina, 1976, relating to persons required to report child abuse and neglect, so as to include a member of the clergy, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, Section 20-7-510(A), beginning on page 1, line 42 through page 2, line 2, by deleting /child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect/ and inserting /child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect child has been or may be abused or neglected as defined in Section 20-7-490/. So, when amended, Section 20-7-510(A) reads:
/ "(A) A physician, nurse, dentist, optometrist, medical examiner or coroner or an employee of a county medical examiner's or coroner's office or any other medical, emergency medical services, mental health, or allied health professional or Christian science practitioner, religious healer, member of the clergy, school teacher, counselor, principal, assistant principal, social or public assistance worker, substance abuse treatment staff, or childcare worker in any daycare center or foster care facility, police or law enforcement officer, undertaker, funeral home director or employee of a funeral home, persons responsible for processing of films, computer technician, or any judge shall report
in accordance with this section when in the person's professional capacity the person has received information which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect child has been or may be abused or neglected as defined in Section 20-7-490."/
Amend the bill, further, Section 20-7-550, page 2, line 9 by deleting /priest/ and inserting /priest clergy member/ and by deleting on lines 13 through 15 / However, privileged communications between a priest and penitent only apply when the communication is made in the course of a sacramental confession. / and inserting /However, a clergy member must report in accordance with this subarticle except when information is received during a communication that is protected by the clergy and penitent privilege as defined in Section 19-11-90./. So, when amended, Section 20-7-550 reads:
/ "Section 20-7-550. The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client or priest clergy member and penitent, is abrogated and does not constitute grounds for failure to report or the exclusion of evidence in a civil protective proceeding resulting from a report pursuant to this article. However, a clergy member must report in accordance with this subarticle except when information is received during a communication that is protected by the clergy and penitent privilege as defined in Section 19-11-90."
Renumber sections to conform.
Amend totals and title to conform.
JAMES H. HARRISON for Committee.
TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND DO NOT APPLY WITH REGARD TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO PROVIDE THAT THE PRIEST AND PENITENT PRIVILEGE ONLY APPLIES WHEN THE COMMUNICATION IS MADE IN THE COURSE OF A SACRAMENTAL COMMUNICATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-510(A) of the 1976 Code, as amended by Act 81 of 2001, is further amended to read:
"(A) A physician, nurse, dentist, optometrist, medical examiner or coroner or an employee of a county medical examiner's or coroner's office or any other medical, emergency medical services, mental health, or allied health professional or Christian science practitioner, religious healer, member of the clergy, school teacher, counselor, principal, assistant principal, social or public assistance worker, substance abuse treatment staff, or childcare worker in any daycare center or foster care facility, police or law enforcement officer, undertaker, funeral home director or employee of a funeral home, persons responsible for processing of films, computer technician, or any judge shall report in accordance with this section when in the person's professional capacity the person has received information which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect."
SECTION 2. Section 20-7-550 of the 1976 Code, as amended by Act 450 of 1996, is further amended to read:
"Section 20-7-550. The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client or priest and penitent, is abrogated and does not constitute grounds for failure to report or the exclusion of evidence in a civil protective proceeding resulting from a report pursuant to this article. However, privileged communications between a priest and penitent only apply when the communication is made in the course of a sacramental confession."
SECTION 3. This act takes effect upon approval by the Governor.
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