Bill 919

                    Current Status

Bill Number:               919
Ratification Number:       534
Act Number                 448
Introducing Body:          Senate
Subject:                   Juvenile records and information provided
                           to a public or private school

(A448, R534, S919)

AN ACT TO AMEND SECTION 20-7-3300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS OF THE DEPARTMENT OF YOUTH SERVICES, SO AS TO PROVIDE THE REQUIREMENTS FOR RECORDS AND INFORMATION PROVIDED TO A PUBLIC OR PRIVATE SCHOOL.

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

Juvenile records and information provided to a public or private school

SECTION 1. Section 20-7-3300 of the 1976 Code is amended to read:

"Section 20-7-3300. Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-780; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the board must establish policies by which the department may transmit such information and records to another department, agency, or school district of state or local government, or private institution or facility licensed by the State as a child serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records and information provided to a public or private school by the Department of Youth Services must include in the case of an individual who has been adjudicated for having committed a violent crime, as defined in Section 16-1-60 and committed to the Department of Youth Services, a copy of, and, if requested, information pertaining to that person's juvenile criminal record. The person's juvenile criminal record must be provided by the Department of Youth Services to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department of Youth Services. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as deemed necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 3rd day of May, 1990.