South Carolina General Assembly
112th Session, 1997-1998

Bill 3974


                    Current Status

Bill Number:                    3974
Ratification Number:            330
Act Number:                     292
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19970410
Primary Sponsor:                Campsen
All Sponsors:                   Campsen, Seithel, Woodrum, Altman
                                and Young 
Drafted Document Number:        kgh\15089ac.97
Date Bill Passed both Bodies:   19980401
Date of Last Amendment:         19980319
Governor's Action:              S
Date of Governor's Action:      19980420
Subject:                        Foster care placements, juvenile
                                sex offender may not be placed in
                                foster home; Minors; Crimes and
                                Offenses

History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19980423  Act No. A292
------  19980420  Signed by Governor
------  19980414  Ratified R330
House   19980401  Concurred in Senate amendment,
                  enrolled for ratification
House   19980326  Debate adjourned until
                  Wednesday, 19980401
Senate  19980324  Read third time, returned to House
                  with amendment
Senate  19980319  Read second time
Senate  19980319  Committee amendment adopted
Senate  19980318  Committee report: Favorable with         11 SJ
                  amendment
Senate  19970604  Introduced, read first time,             11 SJ
                  referred to Committee
House   19970604  Read third time, sent to Senate
House   19970603  Amended, read second time
House   19970528  Committee report: Favorable with         25 HJ
                  amendment
House   19970410  Introduced, read first time,             25 HJ
                  referred to Committee


View additional legislative information at the LPITS web site.


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

(A292, R330, H3974)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1635 SO AS TO PROHIBIT PLACING A MINOR IN A FOSTER HOME IF THE MINOR HAS BEEN ADJUDICATED OR CONVICTED OF OR PLED GUILTY TO A SEX OFFENSE, TO PROVIDE AN EXCEPTION FOR PLACEMENT IN A THERAPEUTIC FOSTER HOME IF NO OTHER MINORS ARE IN THE HOME, AND TO AUTHORIZE THE PLACING AGENCY TO PETITION FOR AN EXCEPTION FOR GOOD CAUSE.

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

Placement of certain juvenile offenders prohibited in foster care; exception

SECTION 1. The 1976 Code is amended by adding:

Section 20-7-1635. No agency may place a minor in a foster home if the agency has actual knowledge that the minor has been adjudicated delinquent for, or has pled guilty or nolo contendere to, or has been convicted of a sex offense, unless the placement is in a therapeutic foster home or unless the minor is the only child in the foster home at the time of placement and for the length of that minor's placement in the foster home. Notwithstanding this provision, the placing agency may petition the court for an order allowing the minor to be placed in a foster home, other than a therapeutic home, if good cause is shown. Good cause shall include, but not be limited to, the fact that the minor is being placed in a home with his siblings.

The placing agency must inform the foster parent in whose home the minor is placed of that minor's prior history of a sex offense. For purposes of this section the term 'sex offense' means:

(1) criminal sexual conduct in the first degree, as provided in Section 16-3-652;

(2) criminal sexual conduct in the second degree, as provided in Section 16-3-653;

(3) criminal sexual conduct in the third degree, as provided in Section 16-3-654;

(4) criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(1);

(5) criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(2) and (3);

(6) engaging a child for a sexual performance, as provided in Section 16-3-810;

(7) producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;

(8) assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;

(9) incest, as provided in Section 16-15-20;

(10) buggery, as provided in Section 16-15-120;

(11) committing or attempting lewd act upon child under sixteen, as provided in Section 16-15-140;

(12) violations of Article 3, Chapter 15 of Title 16 involving a child when the violations are felonies;

(13) accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;

(14) attempt to commit any of the offenses enumerated herein; or

(15) any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the minor's offense should be considered a sex offense.

Time effective

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

Approved the 20th day of April, 1998.