South Carolina General Assembly
103rd Session, 1979-1980

Bill 3231

                    Current Status

Bill Number:               3231
Ratification Number:       616
Act Number                 498
Introducing Body:          House
Subject:                   To further provide for notification
                           requirements when an officer takes custody of
                           a child
View additional legislative information at the LPITS web site.

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

(A498, R616, H3231)

AN ACT TO AMEND ACT 187 OF 1977, THE CHILD PROTECTION ACT, AS AMENDED, SO AS TO FURTHER PROVIDE FOR NOTIFICATION REQUIREMENTS WHEN AN OFFICER TAKES CUSTODY OF A CHILD, TO PROVIDE THAT THE FAMILY COURT SHALL SCHEDULE A HEARING WITHIN TEN DAYS AFTER THE INITIATION OF A REMOVAL PROCEEDING AND TO PROVIDE THAT THE FAMILY COURT MAY ORDER EX PARTE THAT A CHILD BE TAKEN INTO EMERGENCY PROTECTIVE CUSTODY AND SCHEDULE A HEARING PURSUANT THERETO.

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

Notification requirements

Section 1. Section 8 of Act 187 of 1977, as last amended by Section 9 of Act 497 of 1978, is further amended by striking all after subsection (B) and inserting:

"(C) When an officer takes custody of a child under this section he shall immediately notify the appropriate local child protective service agency and Family Court of the circuit and shall make every reasonable effort to notify the parent, guardian or other person exercising temporary or permanent control over the child of the place of custody. The notification shall be in writing and shall include notice of the right to a hearing and right to counsel pursuant to this act.

(D) The local child protective service agency shall, upon such notification, commence a child protective investigation, including immediate attention to the protection of other children in the home, or other setting where the child was found. The agency shall then initiate a removal proceeding pursuant to Section 17 of this act on or before the next working day in the appropriate Family Court. The Family Court shall schedule a pretrial hearing pursuant to the provisions of Section 17 of this act to be held within ten days of the initiation of the proceedings. At the pretrial hearing, the court shall undertake to fulfill the requirements of Section 18 of this act and shall consider such matters as will promote a fair and expeditious trial, including a prima facie review of any emergency action taken or initiated in behalf of the child. The hearing to determine whether removal of custody is needed, pursuant to Section 17, shall be held within thirty days of the date of receipt of the removal petition.

(E) The Family Court may order ex parte that a child be taken into emergency protective custody without the consent of parents, guardians or others exercising temporary or permanent control over the child if:

(1) The Family Court judge determines there is probable cause to believe that by reason of abuse or neglect there exists an imminent danger to the child's life or physical safety;

(2) Parents, guardians or others exercising temporary or permanent control over the child are unavailable or do not consent to the child's removal from their custody.

(F) If the court issues such an order it shall schedule a pretrial hearing pursuant to the provisions of Section 17 of this act and pursuant to the requirements of subsection (D) within ten days after the child was placed in custody.

(G) During the pendency of the removal proceeding, any child placed pursuant to this section shall remain in such placement until removal proceedings have been concluded."

Time effective

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