South Carolina General Assembly
110th Session, 1993-1994

Bill 3693


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3693
Primary Sponsor:                Vaughn
Type of Legislation:            GB
Subject:                        Children, adoption provisions
Residing Body:                  Senate
Computer Document Number:       CYY/15135SD.93
Introduced Date:                19930311
Date of Last Amendment:         19930520
Last History Body:              Senate
Last History Date:              19940505
Last History Type:              Committee Report:  Favorable
                                with amendment
Scope of Legislation:           Statewide
All Sponsors:                   Vaughn
                                Moody-Lawrence
                                Waldrop
                                J. Bailey
                                Kirsh
                                Farr
                                Holt
                                Stone
                                Walker
                                Littlejohn
                                Gamble
                                Richardson
                                Cobb-Hunter
                                Allison
                                Wells
                                Hines
                                Huff
                                Cato
                                Harrelson
                                Witherspoon
                                Wofford
                                P. Harris
                                Gonzales
                                Cooper
                                Klauber
                                Davenport
                                Byrd
                                Chamblee
                                Houck
                                Riser
                                D. Wilder
                                Lanford
                                Wright
                                Jaskwhich
                                Mattos
                                Haskins
                                Corning
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

3693  Senate  19940505      Committee Report: Favorable     08
                            with amendment
3693  Senate  19930525      Introduced, read first time,    08
                            referred to Committee
3693  House   19930521      Read third time, sent to
                            Senate
3693  House   19930520      Amended, read second time,
                            unanimous consent for third
                            reading on Friday, May 21, 1993
3693  House   19930506      Committee Report: Favorable     27
                            with amendment
3693  House   19930311      Introduced, read first time,    27
                            referred to Committee

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

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

May 5, 1994

H. 3693

Introduced by REPS. Vaughn, Moody-Lawrence, Waldrop, J. Bailey, Kirsh, Farr, Holt, Stone, Walker, Littlejohn, Gamble, Richardson, Cobb-Hunter, Allison, Wells, Hines, Huff, Cato, Harrelson, Witherspoon, Wofford, P. Harris, Gonzales, Cooper, Klauber, Davenport, Byrd, Chamblee, Houck, Riser, D. Wilder, Lanford, Wright, Jaskwhich, Mattos, Haskins and Corning

S. Printed 5/5/94--S.

Read the first time May 25, 1993.

THE GENERAL COMMITTEE

To whom was referred a Bill (H. 3693), to amend Section 20-7-1670, as amended, Code of Laws of South Carolina, 1976, relating to persons who may petition for the adoption of a child, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 2, SECTION 1, line 7, by adding after the word /for/ the following:

/at least/

Amend title to conform.

HARVEY S. PEELER, for Committee.

A BILL

TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHERE THE CHILD HAS BEEN IN FOSTER CARE FOR SIX MONTHS AFTER REQUIRED CONSENTS HAVE BEEN OBTAINED AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.

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

SECTION 1. Section 20-7-1670 of the 1976 Code, as last amended by Act 653 of 1988, is further amended to read:

"Section 20-7-1670. Any South Carolina resident may petition the court to adopt a child. Placement of children for adoption pursuant to this Subarticle 7, Article 11, Chapter 7 of Title 20 is limited to South Carolina residents with exceptions being made in the following circumstances only:

(a) the child is a special needs child, as defined by Section 20-7-1650;

(b) there has been public notoriety concerning the child or child's family, and the best interests of the child would be served by placement outside this State;

(c) the child is to be placed for adoption with a relative related biologically or by marriage;

(d) at least one of the adoptive parents is in the military service stationed in South Carolina; or

(e) there are unusual or exceptional circumstances such that the best interests of the child would be served by placement with or adoption by nonresidents of this State; or

(f) the child has been in foster care for six months after having been legally freed for adoption and no South Carolina resident has been identified as a prospective adoptive home.

Before a child is placed within or outside the boundaries of this State for adoption with nonresidents of this State, compliance with Subarticle 11, Article 11, Chapter 7 of Title 20 (Interstate Compact on the Placement of Children) is required, and a judicial determination must be made in this State that one of the circumstances in items (a) through (e) (f) of this section applies, whether or not the adoption proceedings are instituted in South Carolina. Additionally, in order to determine if any of the circumstances in items (a) through (e) (f) of this section apply so as to permit placement with a nonresident for the purpose of adoption or adoption by a nonresident, a petition may be brought for the determination before the birth of the child or before placement of the child with the prospective adoptive parents. In ruling on this question the court must include in its order specific findings of fact as to the circumstances allowing the placement of a child with a nonresident or the adoption of a child by a nonresident. The order resulting from this action does not prohibit or waive the right to refuse to consent to a release of rights or relinquish rights at a later time nor to withdraw a consent or relinquish at a later time as provided in this chapter. The order must be merged with and made a part of any subsequent adoption proceeding initiated in South Carolina."

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

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