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.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 30, 2005

S. 85

Introduced by Senators McConnell, Moore, Elliott, Alexander, Fair, Richardson, Ford and Campsen

S. Printed 3/30/05--S.

Read the first time January 11, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 85) 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting:

/    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 PHYSICALLY OR SEXUALLY ABUSED OR WILFULLY OR RECKLESSLY NEGLECTED A CHILD, 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 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 indicated found by the court is excessive corporal punishment, the court only may order that the person 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 person's name be entered in the Central Registry if the court finds that there is by a preponderance of evidence (a) that the person abused or neglected the child in any manner, other than provided for in item (1) 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."

SECTION    2.    Section 20-7-680 of the 1976 Code is 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."

SECTION    3.    This act takes effect upon approval by the Governor.        /

Renumber sections to conform.

Amend title to conform.

JAMES H. RITCHIE, JR. for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Judicial Department

The Judicial Department indicates there will be no fiscal impact on the General Fund of the State, or on federal and/or other funds.

Department of Social Services

The agency has been forwarded a copy of the bill, but to date, has not submitted impact of the proposed bill.

Approved By:

Don Addy

Office of State Budget

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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