South Carolina General Assembly
105th Session, 1983-1984

Bill 3289

                    Current Status

Bill Number:               3289
Ratification Number:       366
Act Number:                332
Introducing Body:          House
Subject:                   Relating to the Children's Code and
                           confidentiality of reports and records
View additional legislative information at the LPITS web site.

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

(A332, R366, H3289)

AN ACT TO AMEND SECTION 20-7-690, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE AND CONFIDENTIALITY OF REPORTS AND RECORDS, SO AS TO INCLUDE THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR, ANY PERSON OR AGENCY HAVING LEGAL RESPONSIBILITY OR AUTHORIZATION TO CARE FOR, TREAT, OR SUPERVISE THE CHILD OR THE CHILD'S FAMILY, THE ATTORNEY OF ANY PERSON WHO IS THE SUBJECT OF A REPORT, AND THE CHILD'S ATTORNEY IN THE LIST OF INDIVIDUALS OR INSTITUTIONS ALLOWED TO RECEIVE REPORTS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES, LOCAL CHILD PROTECTIVE SERVICE AGENCIES, AND THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT; TO PROVIDE THAT ANY PERSON ENGAGED IN A BONA FIDE RESEARCH PURPOSE IS INCLUDED IN THE LIST BUT ONLY TO THE EXTENT THE COMMISSIONER OF SOCIAL SERVICES HAS NOT LIMITED THE RESEARCHER; TO DELETE THE PROVISION PROHIBITING INFORMATION REGARDING THE NAMES, ADDRESSES, AND OTHER IDENTIFYING CHARACTERISTICS OF SUBJECTS OF THE REPORT TO BE MADE AVAILABLE TO THE RESEARCHER; AND TO PROVIDE FOR "ANY PERSON WHO IS THE SUBJECT OF A REPORT" TO MEAN ANY PERSON WHO IS ALLEGED OR DETERMINED TO HAVE ABUSED OR NEGLECTED THE CHILD AND TO PROVIDE FOR THE CHILD NOT TO BE INCLUDED IN THE MEANING.

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

Exceptions

SECTION 1. Subsection (B) of Section 20-7-690 of the 1976 Code, as added by Act 71 of 1981, is amended to read:

"(B) Information contained in reports described in subsection (A) must not be made available to any individual or institution except:

(1) Appropriate staff of the State Department of Social Services, local child protective services agencies, the ombudsman of the office of the Governor, any person or agency having legal responsibility or authorization to care for, treat, or supervise the child or the child's family, multidisciplinary evaluation teams empaneled by the agencies, and law enforcement agencies investigating suspected cases of abuse and neglect.

(2) Any person who is the subject of a report or that person's attorney, subject to the qualifications provided in subsection (C).

(3) Family courts conducting child abuse and neglect or child protective proceedings.

(4) Any person engaged in a bona fide research purpose, with written permission of and with any limitations imposed by the Commissioner of the State Department of Social Services.

(5) Any person appointed as a child's guardian ad litem pursuant to Section 20-7-110 and the child's attorney."

Definition

SECTION 2. Subsection (D) of Section 20-7-690 of the 1976 Code, as added by Act 71 of 1981, is amended to read:

"(D) For the purpose of this section, 'any person who is the subject of a report' means any person who is alleged or determined to have abused or neglected the child, who is mentioned by name in a report or finding."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.