Current Status Introducing Body:
HouseBill Number: 3330Primary Sponsor: TuckerCommittee Number: 25Type of Legislation: GBSubject: Child abuse cases, legal representationResiding Body: HouseCurrent Committee: JudiciaryCompanion Bill Number: 354Computer Document Number: 436/12852AC.93Introduced Date: 19930202Last History Body: HouseLast History Date: 19930202Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: Tucker Huff Jennings Hodges BeattyType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 3330 House 19930202 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 20-7-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL REPRESENTATION IN CHILD ABUSE AND NEGLECT PROCEEDINGS, SO AS TO PROVIDE THAT THE INTERESTS OF THE STATE AND THE LOCAL CHILD PROTECTIVE SERVICES AGENCY MUST BE REPRESENTED BY THE LEGAL REPRESENTATIVES OF THE DEPARTMENT OF SOCIAL SERVICES RATHER THAN BY THE CIRCUIT SOLICITOR OR THE CIRCUIT SOLICITOR'S REPRESENTATIVE; AND TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO INTERVENTION BY CHILD WELFARE AGENCIES AND DUTIES OF THE LOCAL CHILD PROTECTIVE AGENCY, SO AS TO DELETE REFERENCE TO THE CIRCUIT SOLICITOR WITH RESPECT TO THE COOPERATION THE AGENCY IS MANDATED TO PROVIDE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-110(C) of the 1976 Code is amended to read:
"(C) The interests of the State and the local child protective services agency shall must be represented by the circuit solicitor or his representative in the appropriate judicial circuit legal representatives of the Department of Social Services in any judicial proceeding."
SECTION 2. Section 20-7-650(M) of the 1976 Code, as last amended by Act 448 of 1992, is further amended to read:
"(M) The agency shall cooperate with law enforcement agencies and the circuit solicitor within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the child protective services agency. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the agency shall notify the appropriate law enforcement agency of those facts within twenty-four hours of the agency's finding for the purposes of police investigation. The law enforcement agency must shall file a formal incident report at the time it is notified by the agency of such the finding. When the intake report is of alleged sexual abuse, the agency must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency must shall file a formal incident report at the time it is notified of the alleged sexual abuse."
SECTION 3. This act takes effect upon approval by the Governor.