South Carolina General Assembly
116th Session, 2005-2006

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Bill 85

Indicates Matter Stricken
Indicates New Matter

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

A BILL

TO AMEND SECTION 20-7-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT A COURT MUST ORDER A PERSON'S NAME TO BE ENTERED IN THE CENTRAL REGISTRY IF THERE IS A FINDING BY A PREPONDERANCE OF EVIDENCE THAT THE PERSON ABUSED OR NEGLECTED A CHILD PURSUANT TO SECTION 20-7-490 AND TO PROVIDE THAT PLACEMENT ON THE REGISTRY CANNOT BE WAIVED BY ANY PARTY OR BY THE COURT.

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

SECTION    1.    Section 20-7-650(L) of the 1976 Code is 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 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 abused or neglected the child pursuant to Section 20-7-490. Placement on the Central Registry cannot be waived by any party or by the court physically or sexually abused or wilfully or recklessly neglected the child. However, if the only form of physical abuse that is indicated is excessive corporal punishment, the court only may order that the person be entered in the Central Registry if item (2) applies;

(2)    may order that the person be entered in the Central Registry if the court finds that there is a preponderance of evidence that the person abused or neglected the child in any manner other than provided for in item (1) and 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."

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

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