South Carolina General Assembly
103rd Session, 1979-1980

Bill 2783

                    Current Status

Bill Number:               2783
Ratification Number:       590
Act Number                 483
Introducing Body:          House
Subject:                   Relating to the confidentiality of
                           records of juveniles before the family
                           court
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A483, R590, H2783)

AN ACT TO AMEND SECTION 14-21-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF RECORDS OF JUVENILES BEFORE THE FAMILY COURT, SO AS TO SPECIFICALLY INCLUDE INFORMATION CONCERNING JUVENILES COMPILED BY THE DEPARTMENT OF YOUTH SERVICES AND THE DEPARTMENT OF JUVENILE PLACEMENT AND AFTERCARE WHICH SHALL BE CONFIDENTIAL; PROVIDE EXCEPTIONS AND PERMIT THE DEPARTMENT OF YOUTH SERVICES TO FINGERPRINT JUVENILES AT THE TIME OF THEIR COMMITMENT.

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

Court to keep records

Section 1. Section 14-21-30 of the 1976 Code is amended to read:

"Section 14-21-30. The court shall make and keep records of all cases brought before it and shall devise and cause to be printed such forms for social and legal records and such other papers as may be required. The official juvenile records of the courts, the Department of Youth Services and the Department of Juvenile Placement and Aftercare shall be open to inspection only by consent of the judge to persons having a legitimate interest but shall always be available to the legal counsel of the juvenile. All information obtained and social records prepared in the discharge of official duty by an employee of the court, Department of Youth Services and Department of Juvenile Placement and Aftercare shall be confidential and shall not be disclosed directly or indirectly to anyone, other than the judge or others entitled under this chapter and Chapters 15 and 17 of Title 24 to receive such information unless and until otherwise ordered by the judge. Provided, however, that such records shall be open to inspection without the consent of the judge where the records are necessary to defend against an action initiated by a juvenile. The name, identity or picture of any child under the jurisdiction of the court, pursuant to Article 5 of Chapter 21 of this title, shall not be made public by any newspaper, radio or television station except as authorized by order of the court nor shall the fingerprints of any child be taken without any order from the judge; provided, however, that the Department of Youth Services may fingerprint a juvenile upon his commitment to a juvenile correctional institution; provided, further, such fingerprints shall remain confidential information and shall not be transmitted to files of the State Law Enforcement Division or the Federal Bureau of Investigation."

Time effective

Section 2. This act shall take effect upon approval by the Governor.