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Indicates Matter Stricken
Indicates New Matter
S. 40
STATUS INFORMATION
General Bill
Sponsors: Senators Short and Ravenel
Document Path: l:\s-resmin\bills\short\smin0006.lhs.doc
Introduced in the Senate on January 14, 2003
Currently residing in the Senate Committee on Judiciary
Summary: Non-custodial parents; conditions when visitation must end
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/4/2002 Senate Prefiled
12/4/2002 Senate Referred to Committee on Judiciary
1/9/2003 Scrivener's error corrected
1/14/2003 Senate Introduced and read first time SJ-37
1/14/2003 Senate Referred to Committee on Judiciary SJ-37
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 20-7-942 AND SECTION 20-7-945 BY MANDATING THAT VISITATION RIGHTS OF NON-CUSTODIAL PARENTS BE AUTOMATICALLY RESCINDED AT THE TIME THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE DEPARTMENT OF SOCIAL SERVICES ORDERS LICENSING ENTITIES TO REVOKE LICENSES, AS DEFINED IN SECTION 20-7-941(B), OF NON-CUSTODIAL PARENTS OUT OF COMPLIANCE WITH COURT ORDERED SUPPORT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. By amending Section 20-7-942 of the 1976 Code of Laws to read:
"Section 20-7-942. If a non-custodial parent licensee is out of compliance with an order for support, the licensee's any license as defined in Section 20-7-0941(5) must be revoked and visitation rights automatically rescinded unless within forty-five days of receiving notice that the licensee is out of compliance with the order, the licensee has paid the arrearage owing under the order or has signed a consent agreement with the division establishing a schedule for payment of the arrearage."
SECTION 2. By amending Section 20-7-945 of the 1976 Code of Laws to read:
"Section 20-7-945. (A) The division shall review the information received pursuant to Section 20-7-944 and determine if a non-custodial parent licensee is out of compliance with an order for support. If a non-custodial parent licensee is out of compliance with the order for support, the division shall notify the non-custodial parent licensee that forty-five days after the non-custodial parent licensee receives the notice of being out of compliance with the order, the licensing entity entities will be notified to revoke the licensee's licenses, defined in Section 20-7-0941(5), unless the licensee non-custodial parent pays the arrearage owing under the order or signs a consent agreement establishing a schedule for the payment of the arrearage. Upon revocation of licenses by licensing entities, court ordered visitation rights of the non-custodial parent are automatically rescinded until all requirements for reinstatement of licenses are met.
(B) Upon receiving the notice provided for in subsection (A), the licensee non-custodial parent may:
(1) request a review with the division; however, issues the licensee non-custodial parent may raise at the review are limited to whether the licensee non-custodial parent is the individual required to pay under the order for support and whether the licensee non-custodial parent is out of compliance with the order of support; or
(2) request to participate in negotiations with the division for the purpose of establishing a payment schedule for the arrearage.
(C) The division director or the division director's designees are authorized to and upon request of a licensee non-custodial parent shall negotiate with a licensee to establish a payment schedule for the arrearage. Payments made under the payment schedule are in addition to the licensee's non-custodial parent's ongoing obligation under the order for support.
(D) Upon the division and the licensee non-custodial parent reaching an agreement on a schedule for payment of the arrearage, the director shall file an agreement and order pursuant to Section 20-7-9525(A) and (B) with the family court in the county in which the order for support was issued. The clerk shall stamp the date of receipt of the agreement and order and shall file it under the docket number of the order of support. The agreement and order shall have all the force, effect, and remedies of an order of the court including, but not limited to, wage assignment and contempt of court.
(E) If the licensee non-custodial parent and the division do not reach an agreement establishing a schedule for payment of the arrearage, the licensee non-custodial parent may petition the court to establish a payment schedule. However, this action does not stay the license revocation procedures.
(F) The notification given a licensee non-custodial parent that the licensee's non-custodial parent's license will be revoked and visitation right rescinded in forty-five days clearly must state the remedies and procedures available to a licensee non-custodial parent under this section.
(G) If at the end of the forty-five days the licensee non-custodial parent still has an arrearage owing under the order for support or the licensee has not signed a consent agreement establishing a payment schedule for the arrearage, the division shall notify the licensing entity to revoke the licensee's non-custodial parent's license and visitation rights will automatically be rescinded. A license only may be reinstated if the division notifies the licensing entity that the licensee non-custodial parent no longer has an arrearage or that the licensee has signed a consent agreement has been signed. At the time of notification to the licensing entity that the non-custodial parent no long has arrearage or a consent agreement has been signed visitation right will be automatically restored to those outline in the most current court order.
(H) Review with the division under this section is the licensee's non-custodial parent's sole remedy to prevent revocation of his or her license and loss of visitation rights. The licensee non-custodial parent has no right to an appeal the revocation with the licensing entity.
(I) If a licensee non-custodial parent under a consent order entered into pursuant to this section, for the payment of an arrearage subsequently is out of compliance with an order for support, the division immediately may notify the licensing entity to revoke the license, visitation rights are rescinded and the procedures provided for under subsection (B) do not apply; however the appeal provisions of subsection (H) apply. If upon revocation of the license and loss of visitation rights the licensee non-custodial parent subsequently enters into a consent agreement or the licensee non-custodial parent otherwise informs the department of compliance, the department shall notify the licensing entity within fourteen days of the determination of compliance and the license must be reissued and visitation rights restored.
(J) Notice required to the licensee non-custodial parent under this section must be deposited in the United States mail with postage prepaid and addressed to the licensee non-custodial parent at the last known address. The giving of the notice is considered complete ten days after the deposit of the notice. A certificate that the notice was sent in accordance with this part creates a presumption that the notice requirements have been met even if the notice has not been received by the non-custodial parent licensee.
(K) Nothing in this section prohibits a licensee non-custodial parent from filing a petition for a modification of a support order or for any other applicable relief. However, no such petition stays the license revocation procedure.
(L) If a license is revoked under this section, the licensing entity is not required to refund any fees paid by a licensee non-custodial parent in connection with obtaining or renewing a license, and any fee required to be paid to the licensing entity for reinstatement after a license revocation applies. The division will indemnify the applicable licensing entity from any consequences that may result from the revocation of the licensee's non-custodial parent's license."
SECTION 3. This act takes effect upon approval by the Governor.
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