Download This Bill in Microsoft Word format
A177, R185, S500
STATUS INFORMATION
General Bill
Sponsors: Senators McConnell, Ford and Hayes
Document Path: l:\s-jud\bills\mcconnell\jud0057.gfm.doc
Introduced in the Senate on March 19, 2003
Introduced in the House on April 24, 2003
Last Amended on January 14, 2004
Passed by the General Assembly on January 21, 2004
Governor's Action: February 18, 2004, Signed
Summary: Children's Advocacy Centers, defined; confidential records
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
3/19/2003 Senate Introduced and read first time SJ-6
3/19/2003 Senate Referred to Committee on Judiciary SJ-6
4/16/2003 Senate Committee report: Favorable Judiciary SJ-31
4/17/2003 Senate Read second time SJ-13
4/17/2003 Senate Ordered to third reading with notice of amendments SJ-13
4/17/2003 Scrivener's error corrected
4/23/2003 Senate Amended SJ-38
4/23/2003 Senate Read third time and sent to House SJ-38
4/24/2003 House Introduced and read first time HJ-18
4/24/2003 House Referred to Committee on Judiciary HJ-18
4/24/2003 Scrivener's error corrected
5/28/2003 House Committee report: Favorable with amendment Judiciary HJ-3
6/3/2003 House Requests for debate-Rep(s). Young, Tripp, Leach, Owens,
Cato, Vaughn, Skelton, Trotter, Hagood, EH Pitts,
Stille, Sandifer, Clemmons, Whitmire, Talley and JE
Smith HJ-68
6/4/2003 House Requests for debate removed-Rep(s). Stille HJ-40
6/4/2003 House Amended HJ-97
6/4/2003 House Debate adjourned HJ-99
6/5/2003 House Requests for debate removed-Rep(s). Talley and Trotter
HJ-9
6/5/2003 House Requests for debate-Rep(s). Walker HJ-9
1/14/2004 House Requests for debate removed-Rep(s). Talley
1/14/2004 House Amended HJ-97
1/14/2004 House Read second time HJ-98
1/14/2004 House Roll call Yeas-98 Nays-0 HJ-98
1/15/2004 House Read third time and returned to Senate with amendments
HJ-294
1/15/2004 Scrivener's error corrected
1/21/2004 Senate Concurred in House amendment and enrolled SJ-9
2/10/2004 Scrivener's error corrected
2/12/2004 Ratified R 185
2/18/2004 Signed By Governor
3/2/2004 Copies available
3/2/2004 Effective date 02/18/04
3/23/2004 Act No. 177
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
3/19/2003
4/16/2003
4/17/2003
4/23/2003
4/24/2003
5/28/2003
6/4/2003
1/14/2004
1/15/2004
2/10/2004
(A177, R185, S500)
AN ACT TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495 SO AS TO PROVIDE THAT CHILDREN'S ADVOCACY CENTERS COORDINATE MULTI-AGENCY RESPONSES TO CHILD MALTREATMENT AND TO SPECIFY THE SERVICES SUCH CENTERS MUST PROVIDE, TO REQUIRE THESE CENTERS TO ESTABLISH MEMORANDA OF AGREEMENT WITH GOVERNMENTAL ENTITIES AND TO DEVELOP STANDARDS OF CARE, TO PROVIDE FOR RELEASE OF INFORMATION TO CERTAIN GOVERNMENTAL ENTITIES AND FOR THE EXCHANGE OF CERTAIN INFORMATION WITH STATE AND NATIONAL CHILDREN'S ADVOCACY ORGANIZATIONS, AND TO PROVIDE A LIMITATION ON LIABILITY FOR EMPLOYEES OF THESE CENTERS NOT COVERED UNDER THE SOUTH CAROLINA TORT CLAIMS ACT.
Whereas, the General Assembly finds that Children's Advocacy Centers throughout the State are desirable in promoting a timely, coordinated, multi-disciplinary approach for the investigation, treatment, and prosecution of child abuse cases, thereby enhancing the safety of children and minimizing the trauma created for children; Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Children's Advocacy Centers
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-495. (A) 'Children's Advocacy Centers' mean centers which must coordinate a multi-agency response to child maltreatment and assist in the investigation and assessment of child abuse. These centers must provide:
(1) a neutral, child-friendly facility for forensic interviews;
(2) the coordination of services for children reported to have been abused;
(3) services including, but not limited to, forensic interviews, forensic medical examinations, and case reviews by multidisciplinary teams to best determine whether maltreatment has occurred; and
(4) therapeutic counseling services, support services for the child and nonoffending family members, court advocacy, consultation, and training for professionals who work in the area of child abuse and neglect, to reduce negative impact to the child and break the cycle of abuse.
(B)(1) Children's Advocacy Centers must establish memoranda of agreement with governmental entities charged with the investigation and prosecution of child abuse. Fully operational centers must function in a manner consistent with standards of the National Children's Alliance, and all centers must strive to achieve full membership in the National Children's Alliance.
(2) Children's Advocacy Centers must establish written policies and procedures for standards of care including, but not limited to, the timely intervention of services between initial contact with the child and the event which led to the child's being referred to the center. Children's Advocacy Centers must make available these written policies and procedures to all professionals who provide services relating to the investigation, treatment, and prosecution of child abuse and neglect within the geographical vicinity of the center.
(3) Children's Advocacy Center records must be released to the Department of Social Services for purposes of investigation, assessment of allegations of child abuse or neglect, and provision of treatment services to the children or their families. The records must be released to law enforcement agencies and circuit solicitors or their agents who are:
(a) investigating or prosecuting known or suspected abuse or neglect of a child;
(b) investigating or prosecuting the death of a child;
(c) investigating or prosecuting any crime against a child; or
(d) attempting to locate a missing child.
This provision does not preclude or override the release of information based upon a subpoena or court order, unless otherwise prohibited by law.
(C) The South Carolina Network of Children's Advocacy Centers and the South Carolina Chapter of the National Children's Alliance must coordinate and facilitate the exchange of information among statewide centers and provide technical assistance to communities in the establishment, growth, and certification of local centers. The network must also educate the public and legislature regarding the needs of abused children and provide or coordinate multidisciplinary training opportunities which support the comprehensive response to suspected child maltreatment.
(D) Nothing in this section requires the exclusive use of a Children's Advocacy Center."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 12th day of February, 2004.
Approved the 18th day of February, 2004.
This web page was last updated on Monday, December 7, 2009 at 10:17 A.M.