Amend the bill, as and if amended, page 2, by striking lines 1 through 33, in Section 63-9-60(B), as contained in SECTION 1, and inserting therein the following:
/ (B)(1) Placement of children for adoption pursuant to this article is limited to South Carolina residents with exceptions being made Any nonresident of South Carolina may petition the court to adopt a child in the following circumstances only:
(a) the child is a special needs child, as defined by Section 63-9-30;
(b) there has been public notoriety concerning the child or child's family, and the best interests of the child would be served by placement outside this State;
(c)(b) the child is to be placed for adoption with a relative related biologically or by marriage;
(d)(c) at least one of the adoptive parents is in the military service stationed in South Carolina;
(e)(d) there are unusual or exceptional circumstances such that the best interests of the child would be served by placement with or adoption by nonresidents of this State; or
(f)(e) the child has been in foster care for at least six months after having been legally freed for adoption and no South Carolina resident has been identified as a prospective adoptive home;
(f) all persons required to give consent to the adoption pursuant to Section 63-9-310 have specifically consented to the adoption by the nonresident; or
(g) the department or any agency under contract with the department has placed the child with the nonresident for purposes of adoption.
(2) A person who files a petition pursuant to subsections (A) and (B) shall not use public notoriety concerning a child or child's family to support or to evidence his petition to adopt a child.
(2)(3) Before a child is placed within or outside the boundaries of this State for adoption with nonresidents of this State, compliance with Article 11 (Interstate Compact on the Placement of Children) is required, and a judicial determination must be made in this State that one of the circumstances in items (a) through (f) of subsection (A)(1) subsection (B)(1)(a)-(g) applies, whether or not the adoption proceedings are instituted in this State. Additionally, in order to determine if any of the circumstances in items (a) through (f) of subsection (A)(1) subsection (B)(1)(a)-(g) apply so as to permit /
Amend the bill further, as and if amended, page 3, by striking lines 19 through 23, in Section 63-9-60(C), as contained in SECTION 1, and inserting therein the following:
/ (C) A petition for adoption of a child may be filed pursuant to this section regardless of which individual or entity has custody of the child. When the department has custody of a child, the rights granted herein to South Carolina residents and nonresidents shall not be diminished, invalidated or negatively affected in any way except that no person shall have standing to petition the court to adopt unless the person has the necessary consents or relinquishments for purposes of adoption required pursuant to Section 63-9-310 and 63-9-320." /
Amend the bill further, as and if amended, page 3, after line 32 by inserting an appropriately numbered new SECTION to read:
/ SECTION__. Section 63-9-1110(5) of the 1976 Code, as last amended by Act 160 of 2010, is amended to read:
"(5) upon good cause shown, the court may waive the requirement, pursuant to Section 63-9-60(A)(2) 63-9-60(B)(3), that the adoption proceeding must be finalized in this State." /
Renumber sections to conform.
Amend title to conform.