Bill 502

                    Current Status

Bill Number:               502
Ratification Number:       203
Act Number                 132
Introducing Body:          Senate
Subject:                   Local foster care review board member is
                           not liable for damages in the discharge of
                           his duties

(A132, R203, S502)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2382 SO AS TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A LOCAL FOSTER CARE REVIEW BOARD MEMBER IS NOT LIABLE FOR DAMAGES IN THE DISCHARGE OF HIS DUTIES; AND TO AMEND SECTION 20-7-2385, RELATING TO LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO PROVIDE FOR MEMBERS' TERMS TO CONTINUE UNTIL THEIR SUCCESSORS ARE APPOINTED AND QUALIFY AND FOR NOTICE OF A BOARD VACANCY BY CERTIFIED INSTEAD OF REGISTERED MAIL.

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

Board members not liable

SECTION 1. Subarticle 4, Article 13, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-2382. After participating in a training program of the system for the review of foster care of children, a local review board member is not liable for damages for personal injury as a result of an act or omission in the discharge of his duties as a member if he acts in good faith and his conduct does not constitute gross negligence, recklessness, wilfulness, or wantonness."

Tort liability exemption

SECTION 2. Section 15-78-60 of the 1976 Code, as last amended by Act 675 of 1988, is further amended by adding an appropriately numbered item to read:

"( ) acts or omissions of members of local foster care review boards acting within the scope of their official duties pursuant to Subarticle 4, Article 13, Chapter 7 of Title 20. However, the member shall act in good faith, his conduct may not constitute gross negligence, recklessness, wilfulness, or wantonness, and he must have participated in a training program established by the state foster care review board system."

Continuation of terms

SECTION 3. Section 20-7-2385 of the 1976 Code is amended to read:

"Section 20-7-2385. There are created sixteen local boards for review of cases of children receiving foster care, one in each judicial circuit, composed of five members appointed by the Governor upon recommendation of the legislative delegation of each county within the circuit for terms of four years and until their successors are appointed and qualify. If the county legislative delegations within a judicial circuit have not recommended to the Governor a person to fill a review board vacancy within ninety days after being notified by certified mail that the vacancy exists, then the local review boards in the judicial circuit may recommend to the Governor someone to fill the vacancy. All local board members must be residents of the judicial circuit which they represent. Local boards shall elect their chairman.

If the board of directors determines that additional local review boards are necessary in a judicial circuit because of an excessively large case load for review or if the local board is no longer necessary because of a reduced case load, the board may create or dissolve local review boards by resolution, and the boards created have all authority and duties provided for the boards by the provisions of this subarticle."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.