Current StatusView additional legislative information at the LPITS web site.Bill Number: 961 Ratification Number: 487 Act Number 398 Introducing Body: Senate Subject: Children's Code
(A398, R487, S961)
AN ACT TO AMEND SECTIONS 20-7-60, 20-7-390, 20-7-400, 20-7-420 AND 20-7-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 20-7-60, 20-7-70, 20-7-80 AND 20-7-90, RELATING TO THE SOUTH CAROLINA CHILDREN'S CODE, SO AS TO CLARIFY WHICH SPECIFIC COURTS SHALL EXERCISE JURISDICTION OVER CERTAIN JUVENILE MATTERS, THE COURTS' AUTHORITY, THE COURTS' SUBJECT MATTER JURISDICTION, THE BASIS FOR THE COURTS' EXERCISE OF PERSONAL JURISDICTION, AND TO REDUCE THE AGE OF A "CHILD" TO EIGHTEEN FOR CERTAIN PURPOSES; TO AMEND SECTIONS 20-7-735, 20-7-3390, 20-7-3420, 20-7-1640, 20-7-1680, 20-7-2440 AND 20-7-490, RELATING TO THE SOUTH CAROLINA CHILDREN'S CODE, SO AS TO RENUMBER SECTIONS 20-7-735, 20-7-3390 AND 20-7-3420, TO CLARIFY CERTAIN REFERENCES TO PAROLE BOARDS, TO GRANT AUTHORITY TO THE BOARD OF JUVENILE PAROLE TO IMPOSE CERTAIN CONDITIONS UPON THE PAROLE OF JUVENILES, TO CLARIFY THE JURISDICTION OF THE FAMILY COURT AND THE CIRCUIT COURT, AND TO SHIFT THE LOCATION OF CERTAIN DEFINITIONS WITHIN THE CHILDREN'S CODE; TO ADD SECTION 20-7-2155, RELATING TO QUALIFICATIONS AND DUTIES OF JUVENILE PROBATION COUNSELORS; TO RENUMBER SECTIONS 20-7-100, 20-7-120, 20-7-130, 20-7-570, 20-7-580, 20-7-590, 20-7-700, 20-7-710, 20-7-720, 20-7-730, 20-7-765, 20-7-770, 20-7-775, 20-7-1530, 20-7-1540, 20-7-1550, 20-7-3400, 20-7-3410, 20-7-3430, 20-7-3440, 20-7-3450, 20-7-3460, 20-7-3470, 20-7-3480, 20-7-3490, 20-7-3500, 20-7-3510, 20-7-3520 AND 20-7-3530, ALL RELATING TO THE SOUTH CAROLINA CHILDREN'S CODE, AND TO PROVIDE FOR CHANGES IN CROSS-REFERENCES THERETO; AND TO REPEAL SECTIONS 20-7-2090, 20-7-2100, 20-7-2110, 20-7-2120, 20-7-2130, 20-7-2140, 20-7-2150, 20-7-2160, 20-7-2170, 20-7-2180, 20-7-2190, 20-7-2200, 20-7-2210, 20-7-2220, 20-7-2450, 20-7-2460, 20-7-2470, 20-7-2480, 20-7-2490, 20-7-2500, 20-7-2610, 20-7-2520, 20-7-2530, 20-7-2540, 20-7-2550, 20-7-2560, 20-7-2570, 20-7-2580, 20-7-2590, 20-7-2600, 20-7-2610, 20-7-2620, 20-7-2630, 20-7-2640, 20-7-2650, 20-7-2660, 20-7-2670, 20-7-2680 AND 20-7-2690, ALL RELATING TO THE SOUTH CAROLINA CHILDREN'S CODE.
Be it enacted by the General Assembly of the State of South Carolina:
Penalty
Section 1. Section 20-7-50 of the 1976 Code, as last amended by Act 71 of 1981, is further amended to read:
"Section 20-7-50. Any person having the legal custody of any child or helpless person, who shall, without lawful excuse, refuse or neglect to provide, as defined in Section 20-7-490, the proper care and attention for such child or helpless person, so that the life, health or comfort of such child or helpless person is endangered or is likely to be endangered, shall be guilty of a misdemeanor and shall bc punished within the discretion of the circuit court."
Penalty
Section 2. Section 20-7-60 of the 1976 Code, as created by Act 71 of 1981, is amended to read:
"Section 20-7-60. Whoever, being legally liable, either as parent, guardian, or other person having temporary or permanent custody, to provide for any child, mentally incompetent or helpless person, necessary food, clothing, lodging, or medical or other treatment as recognized by Section 40-47-40, shall wilfully and without lawful excuse refuse or neglect to provide, as defined in Section 20-7-490, therefor, or shall unlawfully and maliciously do, or cause to be done, any bodily harm to that person so that his life shall be endangered, or his health or comfort shall have been, or is likely to be, permanently injured, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred dollars or imprisoned for not exceeding two years with or without hard labor or both, at the discretion of the circuit court."
Penalty
Section 3. Section 20-7-70 of the 1976 Code, as created by Act 71 of 1981, is amended to read:
"Section 20-7-70. Whoever tortures, torments, cruelly ill-treats, deprives of necessary sustenance or shelter or inflicts unnecessary pain or suffering upon any child or causes the same to be done, whether such person be the parent or guardian or have charge or custody of such child, shall, for every such offense, be guilty of a misdemeanor and be punished by imprisonment in jail not exceeding thirty days or by fine not exceeding one hundred dollars, at the discretion of the magistrate. All the provisions of Chapter 1 of Title 47 in reference to the prevention of cruelty to animals shall be extended to the enforcement of this section."
Penalty
Section 4. Section 20-7-80 of the 1976 Code, as created by Act 71 of 1981, is amended to read:
"Section 20-7-80. It shall be unlawful for any parent, male or female, or any other person legally responsible for the care and support of a minor child under the age of sixteen years to wilfully abandon such child, as provided in Section 20-7-1570. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished within the discretion of the circuit court."
Penalty
Section 5. Section 20-7-90 of the 1976 Code, as created by Act 71 of 1981, is amended to read:
"Section 20-7-90. (A) Any able-bodied person capable of earning a livelihood who shall, without just cause or excuse, abandon or fail to provide reasonable support to his or her spouse or to his or her minor unmarried legitimate or illegitimate child dependent upon him or her shall be deemed guilty of a misdemeanor and upon conviction shall be imprisoned for a term of not exceeding one year or be fined not less than three hundred dollars nor more than one thousand five hundred dollars, or both, in the discretion of the circuit court. A husband or wife abandoned by his or her spouse is not liable for the support of the abandoning spouse until such spouse offers to return unless the misconduct of the husband or wife justified the abandonment. If a fine be imposed the circuit court may, in its discretion, order that a portion of the fine be paid to a proper and suitable person or agency for the maintenance and support of the defendant's spouse or minor unmarried legitimate or illegitimate child. As used in this section 'reasonable support' means an amount of financial assistance which, when combined with the support the member is reasonably capable of providing for himself or herself, will provide a living standard for the member substantially equal to that of the person owing the duty to support. It includes both usual and unusual necessities.
(B) Any person who fails to receive the support required by this section may petition to a circuit court of competent jurisdiction for a rule to show cause why the obligated person should not be required to provide such support and after proper service and hearing the circuit court shall in all appropriate cases order such support to be paid. Any such petition shall specify the amount of support required. Compliance with the circuit court order shall bar prosecution under the provisions of subsection (A) of this section."
Subsection struck
Section 6. Section 20-7-400 of the 1976 Code, as last amended by Act 71 of 1981, is further amended by striking subsection (C).
Petitioner may bring action
Section 7. Item (32) of Section 20-7-420 of the 1976 Code, as last amended by Act 71 of 1981, is further amended to read:
"(32) The petitioner need not continue to reside or be domiciled in such area where the cause of action arose, as provided in subitems (A) and (B) of item (31) of this section, if the conduct of the respondent has been such as to make it unsafe or improper for her to so reside or be domiciled, and the petitioner may bring action in the court of the jurisdiction wherein she is residing or has become domiciled."
Support
Section 8. Subitem (C) of item (31) of Section 20-7-420 of the 1976 Code, as last amended by Act 71 of 1981, is further amended to read:
"(C) He is neither residing or domiciled nor found in such area but, prior to such time and while so residing or domiciled, he shall have failed to furnish such support, or shall have abandoned his spouse or child and thereafter shall have failed to furnish such support, provided that the petitioner is so residing or domiciled at that time."
Court to schedule hearing upon receipt of petition
Section 9. Section 20-7-440 of the 1976 Code, as last amended by Act 71 of 1981, is further amended by renumbering it as "Section 20-7-736", and subsection (D) thereof is further amended to read:
"(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.
The family court shall notify the parent or guardian of the hearing by delivering a copy of the petition, together with a notice of the hearing, which shall include the date and time of the hearing and an explanation of the right of the parent or guardian to an attorney under Section 20-7-110. The family court shall effect delivery at least twenty-four hours prior to the hearing. The respondent shall .be allowed to seek leave of court for a continuance of not less than forty-eight hours."
Institute proceeding concerning neglected or delinquent child
Section 10. Section 20-7-735 of the 1976 Code, as created by Act 102 of 1981, is renumbered and amended to read:
"Section 20-7-435. The parent or custodian of any child, an official of a child welfare board, any public official charged by law with the care of the poor, the recognized agents of any duly authorized agency, association, society or institution, any person having knowledge or information of a nature which convinces such person that a child is neglected or delinquent or that a child, by reason of its condition, environment or its own acts, is, in accordance with the provisions of this article, subject to the jurisdiction of the court or any person who has suffered injury through the delinquency of any such child or is concerned in its guardianship or adoption or an officer having an arrested child in charge may institute a proceeding respecting such child."
Board of Juvenile Parole
Section 11. Section 20-7-3390 of the 1976 Code, as created by Act 124 of 1981, is renumbered and amended to read:
"Section 20-7-2095. The Board of Juvenile Parole, hereafter referred to as the Parole Board, shall meet monthly, and at other times as may be necessary, to review the records and progress of children committed to the custody of the Board or Department of Youth Services (hereafter referred to as 'Department') for the purpose of deciding the release or revocation of release of such children. The Parole Board shall make periodic inspections, at least quarterly, of the records of persons committed to the custody of the Board of Youth Services and may, in its discretion, issue temporary and final discharges or release such persons conditionally and prescribe conditions for such release into aftercare. It shall be the right of any such juvenile to personally appear before the Parole Board every three months for the purpose of parole consideration. In order to allow such reviews and personal appearances by children, the chairman of the Parole Board may assign the members to meet in panels of not less than three members to receive progress reports and recommendations, review cases, meet with children, meet with counselors, and to hear matters and consider cases for release, parole and parole revocation. Membership on such panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the Parole Board. Any panel vote that is not unanimous shall not be considered as a final decision of the Parole Board and the matter shall be referred to the full Parole Board, which shall determine the matter by a majority vote of its membership.
In the determination of the type of discharges or conditional releases granted, the Parole Board shall consider the interests of the person involved and the interests of society and shall employ the services of and consult with the personnel of the Reception and Evaluation Center. The Parole Board may from time to time modify the conditions of discharges or conditional releases previously granted.
The Parole Board shall develop written guidelines for the consideration of juveniles' releases on parole. Such guidelines shall be given to juveniles upon commitment and periodically reviewed with each juvenile to assess the progress made toward achieving release on parole."
Juvenile to remain under authority of parole board
Section 12. Section 20-7-3420 of the 1976 Code, as created by Act 124 of 1981, is renumbered and amended to read:
"Section 20-7-2125. Any juvenile, who shall have been conditionally released from a correctional school, shall remain under the authority of the Parole Board until the expiration of the specified term imposed in his conditional aftercare release. The specified period of conditional release may expire before but not after the eighteenth birthday of the juvenile. Each juvenile conditionally released shall be subject to the conditions and restrictions of his release and may at any time on the order of the Parole Board be returned to the custody of a correctional institution for violation of aftercare rules or conditions of release.
As a condition of conditional release, the Parole Board may impose participation in the restitution, work and community service programs as established by the Department of Youth Services pursuant to item (a) of Section 20-7-1330."
Hearing
Section 13. Section 20-7-1640 of the 1976 Code, as created by Act 71 of 1981, is amended to read:
"Section 20-7-1640. Any person or agency aggrieved by an action or decision of a local review board may request and shall receive a hearing before the board and thereafter may seek relief by petition to the family court of that county and rule to show cause why the action or decision of the local review board should not be set aside or modified. After having received a hearing before the board, if a child caring institution or agency does not plan to comply with the review board decision relating to permanent placement of a child in its care, such child caring institution or agency shall notify the local review board within twenty-one days after receipt of the decision."
Proceedings for adoption
Section 14. Section 20-7-1680 of the 1976 Code, as created by Act 71 of 1981, is amended to read:
"Section 20-7-1680. Proceedings for adoption by bona fide residents of the State may be brought in the family court of the county in which the petitioner resides or in the county in which the child resides. The family court may order a change of venue as in other civil proceedings in this State.
Under unusual or exceptional circumstances the family court, in its discretion, may permit nonresidents to adopt a child, in which case the proceedings shall be brought in the county where the child resides or where the agency having custody of the child is located."
Definition of child
Section 15. Section 20-7-390 of the 1976 Code, as last amended by Act 71 of 1981, is further amended to read:
"Section 20-7-390. When used in this article, unless the context otherwise requires, 'child' means a person less than seventeen years of age, where the child is dealt with as a juvenile delinquent. Where the child is dealt with as a dependent or neglected child the term 'child' shall mean a person under eighteen years of age."
Requirements for probation counselor
Section 16. The 1976 Code is amended by adding:
"Section 20-7-2155. To be eligible for appointment as a probation counselor, an applicant must possess all of the following:
(a) A college degree involving special training in the field of social science, or its equivalent;
(b) A personality and character as would render him suitable for the functions of the office.
Probation counselors shall live in districts as shall be determined by the Board. Each counselor shall periodically visit the schools under the supervision of the Department of Youth Services. The director or assistant director shall meet with each counselor to familiarize himself with the records, background and needs of the children. In addition, the director shall make periodic reports to the school. The reports of the director shall be included in the annual report of the Board.
Duties of the probation counselors shall be to make such investigation of the child and home as may be required by the court; to be present in court at the hearing of cases and to furnish to the court such information and assistance as the judge may require; and to take charge of any child before and after hearing as may be directed by the court. During the probationary period of any child and during the time that the child may be committed to any institution or to the care of any association or person for custodial or disciplinary purposes, the child shall always be subject to visitation by the probation counselors or other agents of the court."
Definitions
Section 17. Section 20-7-2440 of the 1976 Code, as created by Act 71 of 1981, is amended to read:
"Section 20-7-2440. When used in this article and unless the specific context indicates otherwise:
(A) 'Dependent child' means a child under the age of eighteen years who has been deprived of parental support or care by reason of the death, continued absence from home or physical or mental incapacity of a parent and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece in a place of residence maintained by one or more of such relatives as his or their own home and who, if not granted aid, is likely to become a public charge or who would otherwise be deprived of proper support, care or training or a child under the age of twenty-one years who is attending high school or college or regularly attending a course of vocational or technical training;
(B) The term 'dependent child' shall also include a child (a) who would meet the requirements of subsection (A) except for his removal, after April 30, 1961, from the home of a relative, specified in subsection (A) as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child (b) whose placement and care are the responsibility of the state agency and (c) who has been placed in a foster family home or child care institution as a result of such determination. The term 'foster family home' or 'child care institution' means a foster family home or child care institution for children which is licensed by the State;
(C) 'Aid to dependent children or needy relative' means money payments with respect to or medical care in behalf of or any type of remedial care recognized under state law in behalf of a dependent child or dependent children, or a needy relative with whom any dependent child is living."
Sections renumbered
Section 18. The following sections of the 1976 Code are renumbered as follows:
Section 20-7-700 is renumbered as Section 20-7-2450.
Section 20-7-570 is renumbered as Section 20-7-2460.
Section 20-7-580 is renumbered as Section 20-7-2470.
Section 20-7-590 is renumbered as Section 20-7-2480.
Section 20-7-710 is renumbered as Section 20-7-2490.
Section 20-7-720 is renumbered as Section 20-7-2500.
Section 20-7-730 is renumbered as Section 20-7-2510.
The foregoing seven sections, together with Section 20-7-2440, as amended by Section 17 of this act, shall be collected under Subarticle 7 of Article 13 of Chapter 7 of Title 20 of the 1976 Code, to be entitled "Department of Social Services Aid to Dependent Children".
Sections renumbered and collected under new subarticle
Section 19. The following sections of the 1976 Code are renumbered as follows and collected under new Subarticle 19 of Article 11 of Chapter 7 of Title 20, to be entitled "Appeals":
Section 20-7-770 is renumbered as Section 20-7-2220.
Section 20-7-775 is renumbered as Section 20-7-2225.
Sections renumbered
Section 20. The following sections of the 1976 Code are renumbered as follows:
Section 20-7-3400 is renumbered as Section 20-7-2105.
Section 20-7-3410 is renumbered as Section 20-7-2115.
Section 20-7-3430 is renumbered as Section 20-7-2135.
Section 20-7-3440 is renumbered as Section 20-7-2145.
Section 20-7-3450 is renumbered as Section 20-7-2170.
Section 20-7-3460 is renumbered as Section 20-7-2175.
Section 20-7-3470 is renumbered as Section 20-7-2180.
Section 20-7-3480 is renumbered as Section 20-7-2185.
Section 20-7-3490 is renumbered as Section 20-7-2190.
Section 20-7-3500 is renumbered as Section 20-7-2195.
Section 20-7-3510 is renumbered as Section 20-7-2200.
Section 20-7-3520 is renumbered as Section 20-7-2205.
Section 20-7-3530 is renumbered as Section 20-7-2210.
Section 20-7-765 is renumbered as Section 20-7-440.
Section 20-7-100 is renumbered as Section 21-21-10.
Section 20-7-1530 is renumbered as Section 21-21-20.
Section 20-7-1540 is renumbered as Section 21-21-30.
Section 20-7-1550 is renumbered as Section 21-21-40.
Section 20-7-120 is renumbered as Section 21-21-50.
Section 20-7-130 is renumbered as Section 21-21-60.
Items struck in Section 20-7-490
Section 21. Section 20-7-490 of the 1976 Code is amended by striking items (Q), (R) and (S).
Repeal
Section 22. Sections 20-7-2090, 20-7-2100, 20-7-2110, 20-7-2120, 20-7-2130, 20-7-2140, 20-7-2150, 20-7-2160, 20-7-2170, 20-7-2180, 20-7-2190, 20-7-2200, 20-7-2210, 20-7-2220, 20-7-2450, 20-7-2460, 20-7-2470, 20-7-2480, 20-7-2490, 20-7-2500, 20-7-2510, 20-7-2520, 20-7-2530, 20-7-2540, 20-7-2550, 20-7-2560, 20-7-2570, 20-7-2580, 20-7-2590, 20-7-2600, 20-7-2610, 20-7-2620, 20-7-2630, 20-7-2640, 20-7-2650, 20-7-2660, 20-7-2670, 20-7-2680 and 20-7-2690 of the 1976 Code are repealed in the form existing prior to this act, but are replaced in given cases by renumbered sections specified by Sections 18, 19 and 20 of this act.
References amended
Section 23. Sections of the 1976 Code which cross-reference sections which have been renumbered by this act shall be amended to reflect cross-references to the new section numbers.
Heading lines
Section 24. The heading lines in this act are not intended as part of the act but are only for purposes of identification.
Time effective
Section 25. This act shall take effect upon the approval by the Governor.