Indicates Matter Stricken

Indicates New Matter

 

Committee Report

February 6, 2025

 

H. 3502

 

Introduced by Reps. Bannister, Rutherford, Caskey, Erickson, Weeks, Davis, Mitchell, Spann-Wilder and Pedalino

 

S. Printed 2/6/25--H.

Read the first time January 14, 2025

 

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The committee on House Judiciary

To whom was referred a Bill (H. 3502) to amend the South Carolina Code of Laws by amending Sections 63-7-10 and 63-7-1620, relating to principles of the child welfare system and legal representation, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill clarifies that legal representatives of DSS must ensure that child welfare and safety are the predominant basis of all agency recommendations and decisions pertaining to abuse and neglect proceedings. The legal representatives of DSS have the sole discretion on behalf of the agency over whether to file a child abuse or neglect petition in the family court and any decisions regarding the pursuit, settlement, or appeal of a pending action.

 

This bill will have no expenditure impact for DSS or Judicial. DSS indicated that this bill clarifies the roles and responsibilities of DSS counsel, relative to case management staff, in determining whether to advance with child welfare court proceedings. Therefore, this bill does not modify the responsibilities of the agency. Additionally, Judicial anticipates any change due to the bill in family court proceedings can be managed within existing appropriations.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 63-7-10 AND 63-7-1620, RELATING TO PRINCIPLES OF THE CHILD WELFARE SYSTEM AND LEGAL REPRESENTATION OF THE DEPARTMENT OF SOCIAL SERVICES IN CHILD ABUSE AND NEGLECT PROCEEDINGS, RESPECTIVELY, SO AS TO CLARIFY THAT LEGAL REPRESENTATIVES OF THE DEPARTMENT MUST ENSURE THAT CHILD WELFARE AND SAFETY ARE THE PREDOMINANT BASIS OF ANY RECOMMENDATIONS AND DECISIONS AND THAT LEGAL REPRESENTATIVES OF THE DEPARTMENT HAVE THE SOLE DISCRETION OVER DECISIONS PERTAINING TO CHILD WELFARE PROCEEDINGS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 63-7-10(A) of the S.C. Code is amended by adding:

 

    (14) Legal representatives of the Department of Social Services must ensure that the child's welfare and safety are the predominant basis of all department recommendations and decisions pertaining to abuse and neglect proceedings.

 

SECTION 2.  Section 63-7-1620(4) of the S.C. Code is amended to read:

 

    (4) The interests of the State and the Department of Social Services must be represented by the legal representatives of the Department of Social Services in any judicial proceeding, who shall ensure that the child's welfare and safety are the predominant basis of any department recommendations and decisions and who shall have sole discretion on behalf of the department whether to file a child abuse or neglect petition in the family court. The attorney acting as the legal representative in a particular proceeding shall have sole discretion on behalf of the department over any decisions regarding the pursuit, settlement, or appeal of a pending action.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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