Bill 3230

                    Current Status

Bill Number:               3230
Ratification Number:       615
Act Number                 497
Introducing Body:          House
Subject:                   Child not to be removed from custody of
                           parent

(A497, R615, H3230)

AN ACT TO AMEND ACT 187 OF 1977, THE CHILD PROTECTION ACT, AS AMENDED, SO AS TO DELETE PROVISIONS FOR AN EX PARTE HEARING AND TO PROVIDE THAT NO CHILD SHALL BE REMOVED FROM THE CUSTODY OF HIS PARENT OR GUARDIAN UNLESS THE COURT FINDS THAT THERE IS AN ALTERNATIVE PLACEMENT AVAILABLE.

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

Child not to be removed from custody of parent

Section 1. Section 17 of Act 187 of 1977, as last amended by Act 497 of 1978, is further amended by striking subsections (D), (E), (F) and (G) and inserting:

"(D) Upon receipt of a removal petition under this section, the Family Court shall schedule a hearing to be held within thirty days of the date of receipt to determine whether removal is necessary.

(E) A child shall not be removed from the custody of the parent or guardian unless the court finds that:

(1) The child has been physically injured as defined in Section 4 and there is a preponderance of the evidence that the child cannot be protected from further physical injury without being removed.

(2) The child has been endangered as otherwise defined in Section 4 and there is clear and convincing evidence that the child cannot be protected from further harm of the type justifying intervention without being removed.

(3) There is an alternative placement available but in no case shall the placement be a facility for detention of criminal or juvenile offenders.

(F) The petition for removal may include a petition for termination of parental rights under the jurisdiction conferred on the Family Court by the Family Court Act."

Time effective

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