South Carolina General Assembly
103rd Session, 1979-1980

Bill 2698


                    Current Status

Bill Number:               2698
Ratification Number:       641
Act Number                 516
Introducing Body:          House
Subject:                   Relating to destitute, delinquent and
                           neglected children
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A516, R641, H2698)

AN ACT TO REPEAL CHAPTER 17 OF TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTITUTE, DELINQUENT AND NEGLECTED CHILDREN; TO AMEND SECTION 14-21-590, RELATING TO TAKING CHILDREN INTO CUSTODY UNDER THE FAMILY COURT ACT, SO AS TO PROVIDE THAT THE DEPARTMENT OF JUVENILE PLACEMENT AND AFTERCARE SHALL BE NOTIFIED IN ORDER TO DETERMINE WHETHER DETENTION IS NECESSARY, TO PROVIDE THAT CERTAIN CHILDREN SHALL NOT BE PLACED IN A DETENTION CENTER AND TO PROVIDE FOR A DETENTION HEARING; TO AMEND SECTION 14-21-540, RELATING TO THE TRANSFER OF CRIMINAL CASES FROM THE FAMILY COURT, SO AS TO PROVIDE THAT CONFIDENTIALITY OF IDENTITY SHALL NOT APPLY IN SUCH CASES; TO AMEND THE CODE BY ADDING SECTION 14-21-545 SO AS TO PROVIDE THAT CERTAIN CASES AGAINST FOURTEEN OR FIFTEEN YEAR OLDS MAY BE TRANSFERRED TO ANOTHER COURT AND TO AMEND SECTION 14-21-510, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO CHANGE RAPE TO CRIMINAL SEXUAL ASSAULT AND TO PROVIDE THAT CONFIDENTIALITY OF IDENTITY SHALL NOT APPLY IN CERTAIN CASES.

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

Repeal

Section 1. Chapter 17 of Title 43 of the 1976 Code is repealed.

Jurisdiction of family court

Section 2. Subsections (a) and (b) of Section 14-21-590 of the 1976 Code are amended to read:

"(a) When a child found violating any law or ordinance, or whose surroundings are such as to endanger his welfare, is taken into custody such taking into custody shall not be termed an arrest. The jurisdiction of the court shall attach from the time of such taking into custody. When a child is so taken into custody, such officers shall notify the parent, guardian or custodian of the child as soon as possible. Unless otherwise ordered by the court, the person taking the child into custody may release the child to a parent, a responsible adult, a responsible agent of a court approved foster home, group home, facility or program separate from any secure facility upon the written promise, signed by such person, to bring the child to the court at a stated time or at such time as the court may direct. Such written promise, accompanied by a written report by the officer, shall be submitted to the Department of Juvenile Placement and Aftercare as soon as possible. If such person shall fail to produce the child as agreed, or upon notice from the court, a summons or a warrant may be issued for the apprehension of such person or of the child.

(b) When a child is not released pursuant to subsection (a), the officer taking the child into custody shall immediately notify the authorized representative of the South Carolina Department of Juvenile Placement and Aftercare, who shall review the facts in the officer's report or petition and any other relevant facts and determine if there is a need for detention of the child. The officer's written report shall be furnished to the authorized representative of the Department of Juvenile Placement and Aftercare within twenty-four hours from the time the child was taken into custody and such report shall state: (1) the facts of the offense; and (2) the reason why the child was not released to the parent. Unless detention is necessary for the protection of the community or to serve the best interest of the child, the child shall be released by the authorized representative of the Department of Juvenile Placement and Aftercare to the custody of his parents or other responsible adult upon their written promise to bring the child to the court at a stated time or at such time as the court may direct. Provided, if the offense for which the child was taken into custody would be a felony the child may only be released by the authorized representative of the Department of Juvenile Placement and Aftercare with the consent of the officer who took the child into custody.

When the authorized representative of the Department of Juvenile Placement and Aftercare determines that detention is necessary, he shall make a diligent effort to place the child in an approved home, facility or program separate from any secure facility, when such alternatives are appropriate and available. The Department of Juvenile Placement and Aftercare shall provide to the court a list of appropriate facilities to be utilized for such placement. When the Department of Juvenile Placement and Aftercare determines that a secure facility is necessary, a child may only be detained in a facility which has sight and sound separation from adults. The Department of Juvenile Placement and Aftercare shall develop specific written criteria to use in determining: (1) whether detention is necessary for the protection of the community to insure an orderly court process or to serve the best interest of the child; and (2) whether a secure or non-secure facility is appropriate for detention of the child. The Department of Juvenile Placement and Aftercare shall provide the court and law enforcement agencies with a copy of such criteria. The Department of Juvenile Placement and Aftercare shall also evaluate these criteria using accepted research methods.

After January 1, 1982, a child who is taken into custody because of a violation of law which would not be a criminal offense under the laws of this State if committed by an adult shall not be placed in a detention facility.

If the authorized representative of the Department of Juvenile Placement and Aftercare has not released the child to the custody of his parents or other responsible adult, the court shall hold a detention hearing within forty-eight hours from the time the child was taken into custody, excluding Sundays and holidays, in accordance with rules of practice in a family court. At this hearing, the authorized representative of the Department of Juvenile Placement and Aftercare shall submit to the court a written report stating the facts surrounding the case and a recommendation as to the child's continued detention pending the adjudicatory and dispositional hearings."

Court may bind over child for criminal proceedings

Section 3. Section 14-21-540 of the 1976 Code is amended to read:

"Section 14-21-540. If a child sixteen years of age or older is charged with an offense which would be a misdemeanor or felony if committed by an adult and if the court, after full investigation, deems it contrary to the best interests of such child or of the public to retain jurisdiction, the court may, in its discretion, acting as committing magistrate, bind over such child for proper criminal proceedings to any court which would have trial jurisdiction of such offense if committed by an adult. Once the Family Court relinquishes its jurisdiction over the child and the child is bound over to be treated as an adult, the provisions of Section 14-21-30 dealing with the confidentiality of identity and fingerprints will not be applicable."

Further

Section 4. The 1976 Code is amended by adding:

"Section 14-21-545. If a child fourteen or fifteen years of age who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a highly aggravated nature, arson, housebreaking, burglary, kidnapping, attempted criminal sexual assault or robbery and is currently charged with a third or subsequent such offense, the court may after full investigation and hearing, if it deems it contrary to the best interest of such child or of the public to retain jurisdiction, acting as committing magistrate, bind over such child for proper criminal proceedings to any court which would have trial jurisdiction of such offenses if committed by an adult. Provided, that when jurisdiction is relinquished by the court in favor of another court, the court shall have full authority and power to grant bail, hold a preliminary hearing and any other powers as now provided by law for magistrates in such cases."

Criminal sexual assault substituted for rape

Section 5. Subsection (C) of Section 14-21-510, as last amended by Act 690 of 1976, is further amended by striking in the first sentence "rape" and inserting "criminal sexual assault", and by adding at the end:y "Provided, further, that the provision of Section 14-21-30 dealing with confidentiality of identity and fingerprints will not be applicable when jurisdiction is relinquished by the court." The subsection when amended shall read:

"(C) Within two days after the filing of a petition in the family court alleging the child has committed the offense of murder or criminal sexual assault, the person executing such petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against such child as a criminal rather than as a child coming within the purview of this chapter. The judge of the family court is authorized to determine this request. In the event the request is denied, the petitioner shall have the right of appeal within five days to the circuit court. Upon the hearing of such appeal, the judge of the circuit court shall be vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. In case the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he shall issue an order to that effect and thereafter the family court shall have no further jurisdiction in the matter. Provided, that when jurisdiction is relinquished by the court in favor of another court, the court shall have full authority and power to grant bail, hold a preliminary hearing and any other powers as now provided by law for magistrates in such cases. Provided, further, that the provision of Section 14-21-30 dealing with the confidentiality of identity and fingerprints will not be applicable when jurisdiction is relinquished by the court."

Time effective

Section 6. This act shall take effect January 1, 1981.