Current Status Introducing Body:
SenateBill Number: 10Ratification Number: 361Act Number: 333Primary Sponsor: MartinType of Legislation: GBSubject: Child abuse cases, noncustodial parentDate Bill Passed both Bodies: 19940324Computer Document Number: S.10Governor's Action: SDate of Governor's Action: 19940420Introduced Date: 19930112Date of Last Amendment: 19930218Last History Body: ------Last History Date: 19940420Last History Type: Act No. 333Scope of Legislation: StatewideAll Sponsors: Martin BryanType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 10 ------ 19940420 Act No. 333 10 ------ 19940420 Signed by Governor 10 ------ 19940414 Ratified R 361 10 House 19940324 Read third time, enrolled for ratification 10 House 19940323 Read second time 10 House 19940322 Debate interrupted 10 House 19940216 Committee Report: Favorable 25 10 House 19930224 Introduced, read first time, 25 referred to Committee 10 Senate 19930223 Read third time, sent to House 10 Senate 19930218 Amended, read second time 10 Senate 19930217 Committee Report: Favorable 11 with amendment 10 Senate 19930112 Introduced, read first time, 11 referred to CommitteeView additional legislative information at the LPITS web site.
(A333, R361, S10)
AN ACT TO AMEND SECTION 20-7-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY PROTECTIVE CUSTODY AND SECTION 20-7-736, AS AMENDED, RELATING TO ABUSE AND NEGLECT PROCEEDINGS, SO AS TO PROVIDE THAT IN A REMOVAL PROCEEDING A NONCUSTODIAL PARENT WHO IS NOT A PARTY MUST BE NOTIFIED OF THE PROCEEDING; AND TO AMEND SECTION 20-7-764, RELATING TO A PLAN FOR PLACEMENT OF CHILD AFTER REMOVAL, SO AS TO PROVIDE THAT PREFERENCE FOR PLACEMENT MUST INCLUDE THE NONCUSTODIAL PARENT.
Be it enacted by the General Assembly of the State of South Carolina:
Notification of proceedings to noncustodial parent
SECTION 1. Section 20-7-610(E) of the 1976 Code, as last amended by Act 489 of 1990, is further amended to read:
"(E) The local child protective service agency, upon the notification, shall begin 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 then shall initiate a removal proceeding pursuant to Section 20-7-736 on or before the next working day in the appropriate family court. If a noncustodial parent is not named as a party, the agency shall exercise every reasonable effort to promptly notify the noncustodial parent that a removal proceeding has been initiated and of the date and time of any hearings scheduled pursuant to this section. Upon a determination by the agency before the pretrial hearing that the basis of the report of abuse or neglect is unfounded, the agency may place temporary physical custody of the child with the parent, parents, guardian, immediate family member, or relative, with the agency retaining legal custody pending the pretrial hearing. When the facts and circumstances of the report clearly indicate that no abuse or neglect occurred, the report promptly must be determined to be unfounded, and the agency shall exercise reasonable efforts to expedite the placement of the child with the parent, parents, guardian, immediate family member, or relative. The family court shall schedule a pretrial hearing to be held within ten days of the initiation of the proceedings, unless the tenth day falls upon a Saturday, Sunday, or holiday, then the pretrial hearing must be held no later than the next working day. If there is no term of court in the county when the pretrial hearing must be held, the hearing must be held in another county in the circuit. If there is no term of family court in another county in the circuit, then the pretrial hearing must be heard in another court in an adjoining circuit. At the pretrial hearing, the family court shall undertake to fulfill the requirements of Section 20-7-110 and shall conduct a prima facie review of emergency action taken or initiated in behalf of the child. At the pretrial hearing, the respondents may submit affidavits as to facts which are alleged to form the basis of the removal and to cross-examine the agency's witnesses as to whether there existed probable cause to effect emergency removal. The hearing to determine whether removal of custody is needed, pursuant to Section 20-7-736, must be held within forty days of the date of receipt of the removal petition."
Notification of proceedings to noncustodial parent
SECTION 2. Section 20-7-736(B) of the 1976 Code is amended to read:
"(B) Upon investigation of a report received under Section 20-7-650 or at any time during the delivery of services by the agency, the local child protective services agency may petition the family court in its jurisdiction to remove the child from custody of the parent or guardian when the agency has probable cause to believe removal is necessary to protect the child's health or welfare. If a noncustodial parent is not named as a party, the agency shall exercise every reasonable effort to promptly notify the noncustodial parent that a removal proceeding has been initiated and of the date and time of any hearings scheduled pursuant to this section."
Placement after removal, preference with noncustodial parent
SECTION 3. Section 20-7-764(3) of the 1976 Code is amended to read:
"(3) Provide the child's placement as close to home as possible, unless the court finds that placement at a greater distance is necessary to promote the child's well-being. In the absence of good cause to the contrary, preference must be given to placement with the child's relatives, including a noncustodial parent;"
SECTION 4. This act takes effect upon approval by the Governor and shall apply only to those matters initiated in family court after the act's effective date.
Approved the 20th day of April, 1994.