Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 63-7-730 of the 1976 Code is amended to read:
(A) If the family court
makes a finding at the probable cause hearing that continuing
the child in the home would be contrary to the welfare of the
child and orders the child to remain in the legal custody of
at the probable cause hearing,
the family court may order expedited placement
of the child with a relative of the first or second degree,
which includes, among other relatives, the child's grandparents.
In making this expedited placement decision, the court shall
consider the totality of the circumstances, and the court shall
consider the capability of the relative to care for the child,
including the character, fitness, attitude, and inclination of
the relative as these would impact the child. The court
shall require the department to check the names of all adults in
the home against the Central Registry of Child Abuse and
Neglect, other relevant records of the department, county sex
abuse registers, and records for the preceding five years of law
enforcement agencies in the jurisdiction in which the person
resides and, to the extent reasonably possible, jurisdictions in
which the person has resided during that period. The court may
hold open the record of the probable cause hearing for up
to twenty-four hours to receive the
these reports and based on these reports and
other information introduced at the probable cause hearing, the
court may order expedited placement of the child in the home of
the relative. Nothing in this section precludes the department
from requesting or the court from ordering pursuant to the
department's request either a full study of the relative's home
before placement or the licensing or approval of the relative's
home before placement.
(B) If the court orders expedited placement of the child with a relative of the first or second degree, that relative must be named as a party for the duration of the case or upon further order by the court."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.