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Current Status Bill Number:View additional legislative information at the LPITS web site.1085 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20000127 Primary Sponsor:Fair All Sponsors:Fair Drafted Document Number:l:\council\bills\skb\18099som00.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Minor child not to be placed with homosexual, bisexual, or buggery violator regarding adoption and foster care History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000127 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND SECTION 20-7-1642, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING FOSTER CARE PLACEMENTS WITH CERTAIN PERSONS, SO AS TO ALSO PROHIBIT SUCH PLACEMENTS WITH A PERSON WHO HAS BEEN CONVICTED OF BUGGERY OR WHO IS A HOMOSEXUAL OR BISEXUAL; AND TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY ADOPT A CHILD, SO AS TO PROHIBIT ADOPTIONS BY A PERSON WHO HAS BEEN CONVICTED OF BUGGERY OR WHO IS A HOMOSEXUAL OR BISEXUAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-1642 of the 1976 Code, as last amended by Act 391 of 1998, is further amended to read.
"Section 20-7-1642. (A) No A child may not be placed in foster care with a person:
(1) with a substantiated history of child abuse or neglect; or
(2) who has pled guilty or nolo contendere to or who has been convicted of:
(a) an 'Offense Against the Person' as provided for in Chapter 3, Title 16;
(b) an 'Offense Against Morality or Decency' as provided for in Chapter 15, Title 16;
(c) contributing to the delinquency of a minor as provided for in Section 16-17-490;
(d) the common law offense of assault and battery of a high and aggravated nature when the victim was a person seventeen years of age or younger;
(e) criminal domestic violence, as defined in Section 16-25-20;
(f) criminal domestic violence of a high and aggravated nature, as defined in Section 16-25-65;
(g) a felony drug-related offense under the laws of this State.;
(h) the felony offense of buggery, as defined in Section 16-15-20; or
(3) who is a homosexual or bisexual.
(B) A person who has been convicted of a criminal offense similar in nature to a crime enumerated in subsection (A) when the
crime was committed in another jurisdiction or under federal law is subject to the restrictions set out in this section."
SECTION 2. Section 20-7-1670 of the 1976 Code, as last amended by Act 653 of 1998, is further amended to read:
"Section 20-7-1670. (A) Any A 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 subarticle is limited to South Carolina residents with exceptions being made in the following circumstances only:
(a)(1) the child is a special needs child, as defined by Section 20-7-1650;
(b)(2) 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)(3) the child is to be placed for adoption with a relative related biologically or by marriage;
(d)(4) at least one of the adoptive parents is in the military service stationed in South Carolina; or
(e)(5) 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.
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) of this section subsection (A) 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) of this section subsection (A) 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.
(B) This section does not apply to a child placed by the State Department of Social Services or any agency under contract with the department for purposes of placing that child for adoption. Neither the department nor its contractors may delay or deny the placement of a child for adoption by a nonresident if that nonresident has been approved for adoption of the child by another state authorized to approve such placements pursuant to the Interstate Compact on Placement of Children. The department shall provide an opportunity for a hearing, in accordance with the department's fair hearing procedures, to a nonresident who believes that the department, in violation of this section, has delayed or denied placement of a child for adoption.
(C) A child may not be placed for adoption with a person who:
(1) is a homosexual or bisexual; or
(2) has pled guilty or nolo contendere to or been convicted of the felony offense of buggery, as defined in Section 16-15-20."
SECTION 3. This act takes effect upon approval by the Governor.
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