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Indicates Matter Stricken
Indicates New Matter
A79, R93, S85
STATUS INFORMATION
General Bill
Sponsors: Senators McConnell, Moore, Elliott, Alexander, Fair, Richardson, Ford and Campsen
Document Path: l:\s-jud\bills\mcconnell\jud0034.gfm.doc
Introduced in the Senate on January 11, 2005
Introduced in the House on April 6, 2005
Last Amended on March 31, 2005
Passed by the General Assembly on May 20, 2005
Governor's Action: May 26, 2005, Signed
Summary: Central Registry for Child Abuse and Neglect
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/15/2004 Senate Prefiled
12/15/2004 Senate Referred to Committee on Judiciary
1/11/2005 Senate Introduced and read first time SJ-125
1/11/2005 Senate Referred to Committee on Judiciary SJ-125
1/18/2005 Senate Referred to Subcommittee: Ritchie (ch), Rankin, Lourie,
Scott
3/30/2005 Senate Committee report: Favorable with amendment Judiciary
SJ-14
3/31/2005 Senate Amended SJ-22
3/31/2005 Senate Read second time SJ-22
4/5/2005 Senate Read third time and sent to House SJ-13
4/6/2005 House Introduced and read first time HJ-13
4/6/2005 House Referred to Committee on Judiciary HJ-13
5/17/2005 House Recalled from Committee on Judiciary HJ-43
5/19/2005 House Read second time HJ-51
5/19/2005 House Unanimous consent for third reading on next legislative
day HJ-51
5/20/2005 House Read third time and enrolled HJ-5
5/24/2005 Ratified R 93 SJ-27
5/26/2005 Signed By Governor
6/1/2005 Copies available
6/1/2005 Effective date 05/26/05
6/7/2005 Act No. 79
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/15/2004
3/30/2005
3/31/2005
5/17/2005
(A79, R93, S85)
AN ACT TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD ABUSE AND NEGLECT INVESTIGATION AND DISPOSITION PROCEDURES, INCLUDING CRITERIA FOR PLACING A PERPETRATOR ON THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT PLACEMENT OF A PERSON'S NAME ON THE CENTRAL REGISTRY CANNOT BE WAIVED BY ANY PARTY OR BY THE COURT AND TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A PERPETRATOR OF CORPORAL PUNISHMENT MUST BE PLACED ON THE CENTRAL REGISTRY; AND TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT IF DETERMINATION OF A PERSON'S HISTORY OF CHILD ABUSE OR NEGLECT IS A CONDITION FOR EMPLOYMENT OR VOLUNTEER SERVICE OR FOR ISSUANCE OF A LICENSE OR REGISTRATION, THE PERSON MUST BE SCREENED AGAINST THE CENTRAL REGISTRY BEFORE EMPLOYMENT OR VOLUNTEER SERVICE OR BEFORE ISSUANCE OF THE LICENSE OR REGISTRATION AND UPON RENEWAL OF THE FACILITY LICENSE OR REGISTRATION.
Be it enacted by the General Assembly of the State of South Carolina:
Entry of child abuse perpetrator on Central Registry
SECTION 1. Section 20-7-650(L) of the 1976 Code as last amended by Act 325 of 2002, is further amended to read:
"(L) At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:
(1) must order that a person's name be entered in the Central Registry of Child Abuse and Neglect if the court finds that there is a preponderance of evidence that the person physically or sexually abused or wilfully or recklessly neglected the child. Placement on the Central Registry cannot be waived by any party or by the court. However, if the only form of physical abuse that is found by the court is excessive corporal punishment, the court only may order that the person's name be entered in the Central Registry if item (2) applies;
(2) may, except as provided for in item (1), order that the person's name be entered in the Central Registry if the court finds by a preponderance of evidence (a) that the person abused or neglected the child in any manner, including the use of excessive corporal punishment, and (b) that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children."
Screening of Central Registry for child abuse and neglect for employment, volunteer service, and licensure
SECTION 2. Section 20-7-680 of the 1976 Code, as last amended by Act 325 of 2002, is further amended by adding two new appropriately lettered subsections to read:
"( ) When a statute or regulation makes determination of a person's history of child abuse or neglect a condition for employment or volunteer service in a facility or other entity regulated by the department, the person must be screened against the Central Registry of Child Abuse and Neglect before employment or service in the volunteer role. The person must be screened each time the license, registration, or other operating approval of the facility or other entity is renewed.
( ) When a statute or regulation makes determination of an applicant's history of child abuse or neglect, a condition for issuance of a license, registration, or other operating approval by the department, the applicant must be screened against the Central Registry of Child Abuse and Neglect before issuance of the initial license, registration, or other approval and each time the license, registration, or other operating approval is renewed."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 24th day of May, 2005.
Approved the 26th day of May, 2005.
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