H*3613 Session 111 (1995-1996)
H*3613(Rat #0156, Act #0102 of 1995) General Bill, By Wilkins, D.W. Beatty,
B.D. Cain, Cato, C.D. Chamblee, Clyburn, Cotty, Dantzler, Davenport, Delleney,
Easterday, Fair, J.G. Felder, Fleming, R.C. Fulmer, H.M. Hallman, Harrell,
Harrison, Haskins, R.J. Herdklotz, T.E. Huff, M.F. Jaskwhich, Keegan, Kirsh,
Klauber, Knotts, Lanford, Law, L.H. Limbaugh, Limehouse, C.V. Marchbanks,
L.M. Martin, Mason, Rice, Richardson, Riser, Robinson, Sandifer, Sharpe,
Simrill, R. Smith, Stille, Stuart, P.H. Thomas, Townsend, Tripp, Trotter,
Vaughn, Walker, C.C. Wells, Witherspoon, S.S. Wofford, W.J. Young and
Young-Brickell
Similar(S 237, S 615, H 3860)
A Bill to enact the South Carolina Family Independence Act of 1995 so as to
establish the welfare policy of the State.-amended short title
02/15/95 House Introduced and read first time HJ-11
02/15/95 House Referred to Committee on Judiciary HJ-13
02/23/95 House Committee report: Favorable with amendment
Judiciary HJ-3
02/28/95 House Special order, set for following 3rd reading or
disposition of H.3534 (Under H. 3696) HJ-29
03/01/95 House Amended HJ-23
03/01/95 House Read second time HJ-110
03/01/95 House Roll call Yeas-93 Nays-22 HJ-110
03/02/95 House Read third time and sent to Senate HJ-27
03/07/95 Senate Introduced and read first time SJ-8
03/07/95 Senate Referred to Committee on General SJ-8
04/06/95 Senate Committee report: Favorable with amendment
General SJ-17
04/19/95 Senate Read second time SJ-7
04/19/95 Senate Ordered to third reading with notice of amendments SJ-7
05/10/95 Senate Special order SJ-30
05/11/95 Senate Amended SJ-51
05/11/95 Senate Read third time and returned to House with
amendments SJ-51
05/17/95 House Non-concurrence in Senate amendment HJ-25
05/24/95 Senate Senate insists upon amendment and conference
committee appointed Sens. Wilson, Washington,
Thomas SJ-12
05/24/95 House Conference committee appointed Reps. Huff, Cromer
& Cotty HJ-76
05/31/95 House Conference report received and adopted HJ-57
05/31/95 Senate Conference report received and adopted SJ-72
05/31/95 House Ordered enrolled for ratification HJ-151
06/06/95 Ratified R 156
06/12/95 Signed By Governor
06/12/95 Effective date 06/12/95
06/12/95 See act for exception to or explanation of
effective date
08/10/95 Copies available
08/10/95 Act No. 102
(A102, R156, H3613)
AN ACT TO ENACT THE SOUTH CAROLINA FAMILY
INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE
WELFARE POLICY OF THE STATE; TO, AMONG OTHER THINGS,
REQUIRE, TO THE EXTENT POSSIBLE, THE STATE
DEPARTMENT OF SOCIAL SERVICES TO EXPAND ITS
EMPLOYMENT AND TRAINING PROGRAM STATEWIDE; TO
REQUIRE AFDC RECIPIENTS TO ENTER AGREEMENTS IN
ORDER TO RECEIVE AFDC AND TO PROVIDE SANCTIONS FOR
NONCOMPLIANCE; TO REQUIRE THE EMPLOYMENT SECURITY
COMMISSION TO PROVIDE THE DEPARTMENT LABOR MARKET
AND OCCUPATIONAL INFORMATION; TO AUTHORIZE
RELOCATION ASSISTANCE; TO AUTHORIZE PAYMENT OF
PORTIONS OF A RECIPIENT'S AFDC TO EMPLOYERS TO
SUPPLEMENT WAGES PAID TO THE RECIPIENT; TO AMEND
THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 12-7-1280 SO AS TO PROVIDE A GRADUATED TAX
CREDIT TO EMPLOYERS WHO HIRE AFDC RECIPIENTS; TO
REQUIRE STATE AGENCIES TO TARGET AFDC RECIPIENTS FOR
EMPLOYMENT; TO ENHANCE SERVICES TO TEEN PARENTS; TO
AUTHORIZE TARGETING JOB TRAINING AND PARTNERSHIP
ACT FUNDS FOR ACTIVITIES BENEFITING AFDC RECIPIENTS;
TO REQUIRE COUNTY DEPARTMENT OF SOCIAL SERVICES
OFFICES TO ESTABLISH GOALS FOR HIRING AFDC
RECIPIENTS; TO REQUIRE AFDC RECIPIENTS TO PARTICIPATE
IN FAMILY SKILLS TRAINING; TO AMEND SECTION 20-7-420,
AS AMENDED, RELATING TO THE JURISDICTION OF THE
FAMILY COURT, AND TO ADD SECTION 20-7-873 SO AS TO
AUTHORIZE THE COURT OR AN ADMINISTRATIVE ORDER TO
REQUIRE A NONCUSTODIAL PARENT OF A CHILD RECEIVING
AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE
TRAINING PROGRAMS; TO REQUIRE THE DEPARTMENT TO
SEEK FEDERAL FUNDS FOR ENTREPRENEURIAL
DEVELOPMENT; TO DIRECT THE DEPARTMENT AND THE
DEPARTMENT OF PUBLIC SAFETY TO ENDORSE
DEVELOPMENT OF A STATEWIDE MASS TRANSIT NETWORK;
TO DIRECT THE DEPARTMENT TO APPLY FOR A WAIVER
AUTHORIZING TRANSITIONAL MEDICAID AND CHILD CARE;
TO LIMIT AFDC ASSISTANCE TO TWENTY-FOUR OUT OF ONE
HUNDRED TWENTY MONTHS AND SIXTY MONTHS IN A
LIFETIME AND TO PROVIDE EXCEPTIONS; TO REVISE
REQUIREMENTS FOR MANDATORY PARTICIPATION IN A
WORK PROGRAM; TO REVISE INCOME AND ASSET LIMITS FOR
AFDC ELIGIBILITY; TO PROHIBIT INCREASING AFDC BENEFITS
WHEN A CHILD IS BORN INTO AN AFDC FAMILY AND TO
PROVIDE EXCEPTIONS; TO REQUIRE AFDC RECIPIENTS TO
ENTER A DRUG OR ALCOHOL PROGRAM UNDER CERTAIN
CONDITIONS; TO REQUIRE AFDC RECIPIENTS WHO ARE
MINORS TO MAINTAIN SATISFACTORY SCHOOL ATTENDANCE
AND TO LIVE IN THE HOMES OF THEIR PARENTS AND TO
PROVIDE EXCEPTIONS; TO REVISE CERTAIN ABSENT PARENT
AFDC ELIGIBILITY REQUIREMENTS; TO EMPHASIZE
PROVIDING SERVICES TO THE FAMILY AS A WHOLE; TO
REQUIRE AFDC RECIPIENTS TO PROVIDE ADDITIONAL
INFORMATION ON PUTATIVE FATHERS AS A CONDITION OF
ELIGIBILITY; TO REVISE THE AMOUNT OF CHILD SUPPORT
GIVEN TO AN AFDC RECIPIENT THAT IS COLLECTED BY THE
DEPARTMENT USING CURRENT RESOURCES TO EXPAND
ACCESS TO HEALTH CARE AND TO ESTABLISH TEEN PARENT
INITIATIVES; TO PROMOTE OBTAINING FEDERAL CHILD CARE
FUNDS; TO ADD SECTION 20-7-936 SO AS TO AUTHORIZE
REQUIRING THE PARENT OF A CHILD TO SUPPORT A
GRANDCHILD IF THE PARENT OF THE GRANDCHILD IS UNDER
EIGHTEEN YEARS OF AGE; TO AMEND TITLE 20, CHAPTER 7,
ARTICLE 9, SUBARTICLE 3 BY ADDING PART II SO AS TO
AUTHORIZE AND PROVIDE PROCEDURES FOR THE
ENFORCEMENT OF CHILD SUPPORT THROUGH THE
REVOCATION OF AN INDIVIDUAL'S BUSINESS,
OCCUPATIONAL, OR PROFESSIONAL LICENSES, DRIVER'S
LICENSES, COMMERCIAL AND RECREATIONAL HUNTING,
FISHING, AND TRAPPING LICENSES, AND WATERCRAFT
REGISTRATIONS AND TO PROVIDE PENALTIES FOR IMPROPER
RELEASE OF INFORMATION; TO AMEND TITLE 20, CHAPTER 7
BY ADDING ARTICLE 32 SO AS TO ESTABLISH AND PROVIDE
PROCEDURES FOR THE ESTABLISHMENT AND ENFORCEMENT
OF PATERNITY AND CHILD SUPPORT THROUGH AN
ADMINISTRATIVE PROCESS; TO AMEND SECTION 43-5-65,
RELATING TO ELIGIBILITY FOR AFDC, SO AS TO EXPAND
INFORMATION REQUIRED TO BE SUBMITTED; TO ADD
SECTION 43-5-585 SO AS TO REQUIRE THE DEPARTMENT TO
PROVIDE CHILD SUPPORT ARREARAGE INFORMATION TO
CREDIT REPORTING AGENCIES; TO AMEND SECTION 43-5-590,
AS AMENDED, RELATING TO POWERS AND DUTIES OF THE
DEPARTMENT CONCERNING THE CHILD SUPPORT PLAN, SO AS
TO INCLUDE IN RIGHTS ASSIGNED TO THE STATE, THE
ASSIGNMENT OF THE RIGHT TO COLLECT HEALTH CARE
EXPENSES AND MEDICAID PAYMENTS; TO AMEND SECTION
44-7-77, RELATING TO THE IN-HOSPITAL PATERNITY
ACKNOWLEDGMENT PROGRAM, SO AS TO FURTHER PROVIDE
FOR PROCEDURES TO OBTAIN ACKNOWLEDGMENTS AND FOR
INFORMATION TO BE COLLECTED; TO AMEND SECTION
44-63-165, RELATING TO AMENDING BIRTH CERTIFICATES ON
ACKNOWLEDGMENT OF PATERNITY, SO AS TO AUTHORIZE
THE DEPARTMENT TO RECEIVE A PATERNITY
ACKNOWLEDGMENT AT NO CHARGE UPON REQUEST FOR
ESTABLISHING CHILD SUPPORT OBLIGATIONS; TO AMEND
SECTION 12-54-470, RELATING TO PRIORITY OF MULTIPLE
CLAIMS TO TAX REFUNDS, SO AS TO REVISE THE ORDER OF
PRIORITY; TO AMEND SECTION 20-7-852, RELATING TO CHILD
SUPPORT ENFORCEMENT AND THE APPLICATION OF CHILD
SUPPORT GUIDELINES, SO AS TO PROVIDE THAT THE
GUIDELINES CREATE A REBUTTABLE PRESUMPTION AND TO
PROVIDE GROUNDS FOR DEVIATING FROM THE GUIDELINES;
TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO
INCOME WITHHOLDING FOR THE COLLECTION OF CHILD
SUPPORT, SO AS TO DIRECT THE DEPARTMENT TO DEVELOP
AND TO PROVIDE GUIDELINES FOR AN EMPLOYER NEW HIRE
REPORTING PROGRAM; TO REQUIRE THE DEPARTMENT TO
SIMPLIFY APPLICATION FORMS FOR ASSISTANCE; TO
REQUIRE THE DEPARTMENT AND THE DEPARTMENT OF
HEALTH AND HUMAN SERVICES TO REVIEW AND, AS
POSSIBLE, ENSURE THAT FEDERAL AND STATE
PROCUREMENT REGULATIONS DO NOT DELAY SERVICES TO
AFDC CLIENTS; TO REQUIRE STATE AGENCIES TO ADOPT
ELECTRONIC DATA INTERCHANGE STANDARDS AND TO
REPORT ON PROGRESS IN USING THESE STANDARDS; TO
DIRECT THE DEPARTMENT WITH THE DEPARTMENT OF
EDUCATION TO ENSURE THAT ADULT EDUCATION
PROGRAMS ASSIST AFDC CLIENTS IN OBTAINING
SELF-SUFFICIENCY; TO DIRECT THE DEPARTMENT WITH THE
STATE BOARD FOR TECHNICAL AND COMPREHENSIVE
EDUCATION TO WORK WITH BUSINESSES TO DESIGN
CURRICULUMS TO TRAIN AFDC CLIENTS FOR NEEDED JOBS
AND OCCUPATIONS; TO AMEND SECTION 43-3-40, AS
AMENDED, RELATING TO COUNTY DIRECTORS OF THE
DEPARTMENT, SO AS TO AUTHORIZE THE STATE DIRECTOR
TO HIRE REGIONAL DIRECTORS AND TO PROVIDE THAT
COUNTY AND REGIONAL DIRECTORS SERVE AT THE
PLEASURE OF THE STATE DIRECTOR; TO DIRECT THE
DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR WAIVERS
FROM THE FEDERAL GOVERNMENT TO IMPLEMENT CERTAIN
PROVISIONS OF THIS ACT; TO REQUIRE THE LEGISLATIVE
AUDIT COUNCIL TO EVALUATE AND REPORT TO THE
GENERAL ASSEMBLY ON THE EFFECTIVENESS OF THIS ACT;
TO INCLUDE A SEVERABILITY CLAUSE; TO DESIGNATE
SECTIONS 20-70-840 THROUGH 20-7-938 AS PART I,
SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND NAMED
"CHILD SUPPORT PROCEEDINGS AND
ENFORCEMENT"; AND TO PROVIDE FOR TEMPORARY
DEFINITIONS RELATIVE TO THE ENFORCEMENT OF CHILD
SUPPORT BY LICENSE REVOCATION.
Be it enacted by the General Assembly of the State of South
Carolina:
Part I
State Welfare Policy
Citation to act
SECTION 1. This act may be cited as the South Carolina Family
Independence Act of 1995.
State Welfare Policy
SECTION 2. It is the policy of this State that personal responsibility and
parental responsibility must be met if citizens are to attain independence.
Further, it is the policy of this State that the welfare system must be
based upon a reciprocal agreement between welfare recipients and
taxpayers. There also must exist a common goal and vision between the
parties, working together at the community level to make life better for
all. It must assist families to become economically independent, provide
tools to achieve and maintain self-sufficiency, and deter abuse of the
system through fair and meaningful sanctions.
Part II
Definitions
Definitions
SECTION 1. As used in this act:
(1) `Aid to Families with Dependent Children' or `AFDC' means cash
payments or stipends paid to individuals who meet established eligibility
criteria.
(2) `Department' means the South Carolina State Department of
Social Services.
(3) `Welfare' means cash assistance payments through the Aid to
Families with Dependent Children program which must be provided as a
stipend to assist families to become employed.
Part III
Employment and Training
Emphasis on employment and training for those receiving
assistance
SECTION 1. It is the mandate of the General Assembly that the welfare
system in South Carolina be restructured to assist families in poverty to
become socially and economically independent. It is the purpose and
goal of this legislation to establish the reform of the welfare system as a
critical priority for the State and all of its agencies. Cooperation and
innovation within and among all state agencies is necessary for the
achievement of this goal. The office of the governor shall designate the
lead agency for purposes of coordination and the avoidance, where
practical, of duplication of services. The State Department of Social
Services is mandated to fundamentally change its economic services
operation to emphasize employment and training with a minor welfare
component. To that end, the department shall expand its employment
and training program statewide and shall, to the extent possible,
coordinate with the existing resources of other state agencies when they
are available and it is cost efficient to do so. The agency shall assist
welfare recipients to maximize their strengths and abilities to become
gainfully employed. Welfare assistance must be provided as a stipend to
a family unit as long as there is satisfactory participation in required
employment and training activities.
Welfare agreements; employment and training components of
receiving assistance; leave from employment for family planning
services
SECTION 2. (A) To emphasize the reciprocal responsibility that exists
between welfare recipients and the taxpayers who pay for welfare, an
agreement must be signed by each adult AFDC recipient. If a minor
mother is living in the home of her parents or guardian, the minor
mother and her parent or guardian must sign the agreement. The
agreement shall describe the actions the recipient must take to become
employed and the time frames for completing these actions. The
agreement also shall describe the services the department shall provide or
coordinate to assist the recipient in becoming employed. The department
shall place a major emphasis on job development and on maximizing
employment opportunities within the State. Assistance must be provided
by the department's job development specialists who shall work with the
private business and industrial community to match welfare recipients
with available jobs. Assistance also shall include job clubs, job coaches,
financial planners, and personal, social, and work adjustment training
specialists and authorizes the department to locate, identify, and contract
for employment for and on behalf of AFDC recipients.
(B) An applicant who appears to be eligible for welfare assistance and
who would be required to participate or who volunteers to participate in
the department's employment and training program must be referred to
an employment and training unit. An applicant referred must conduct an
initial job search and shall provide evidence of this search by listing the
employer contacted, the date of the visit with the employer, and the name
and telephone number of the person with whom the applicant spoke. An
applicant who does not provide this information must not be approved
for assistance until the information is provided. An employment
assessment must be conducted on an applicant who is unsuccessful in
securing employment to determine if the applicant is job ready. An
applicant who has been employed twelve out of the previous twenty-four
months or who has graduated from high school or has obtained a GED
must be considered job ready and must be enrolled in a job club.
Following participation in a job club, the applicant must conduct a job
search for an additional period of no more than sixty days or until the
applicant obtains employment, whichever occurs first. An applicant who
is not job ready or a job-ready participant who is unsuccessful in the job
search must be evaluated for barriers to employment. An individual
agreement containing training and employment requirements must be
developed for the participant. For purposes of this subsection "job
club" means a group or individual job readiness training session
where participants learn job finding and job retention skills.
(C) All services provided shall complement and maximize existing
resources within state agencies and within the private business
community. Services to be provided or coordinated by the department
include, but are not limited to, assistance with child care and
transportation, enrollment in literacy classes, adult education classes,
General Equivalency Diploma classes, enrollment in technical schools,
vocational training, work experience, and on-the-job training.
Additionally, recipients shall participate in activities designed to assist
them in job interviews and successful employment. The department shall
provide information to applicants and recipients regarding the advantages
of participation in the employment and training programs. The
department also shall market its training and employment program to
education and training program providers and to employers.
(D) The department through its training programs shall provide
information about the value of family planning services to reproductive
age participants and shall require training program placement staff to
actively seek the participation of employers or potential employers in an
agreement which permits an AFDC recipient time off from work, not to
exceed four hours, at least once a year to voluntarily seek family
planning services from a provider of the AFDC recipient's choice without
fear of losing their job or of other reprisals.
Labor market and occupational information to be provided to the
department
SECTION 3. The Employment Security Commission shall provide the
department up-to-date labor market information to assist department
employment and training staff in the development of recipient
employment goals and training plans to be outlined in individual
agreements. The Employment Security Commission also, through
contractual agreement, shall provide the South Carolina Occupational
Information System to each of the department's local offices to assist
with career counseling and career planning activities. To the extent
possible, all other state agencies shall provide the department with access
to appropriate economic and demographic data concerning AFDC
applicants and recipients.
Relocation assistance
SECTION 4. The department may provide, as appropriate, relocation
assistance to families who live in communities where few job
opportunities exist. Assistance may be provided to assist recipients in
accessing jobs which maximize their skills and abilities.
Cash assistance payments paid as wage subsidy or tax credit
SECTION 5. To maximize employment opportunities for welfare
recipients and to provide for additional job training and placement
efforts, instead of making cash assistance payments to AFDC recipients,
these payments or some portion of these payments may be paid as a
wage subsidy or given as a tax credit to employers offering new jobs as a
result of a new business or an expansion of an existing business, subject
to the guidelines of the department.
Employer tax credit
SECTION 6. Chapter 7, Title 12 of the 1976 Code is amended by
adding:
"Section 12-7-1280. (A) A taxpayer, who employs a person
who within twelve months of becoming employed received Aid to
Families with Dependent Children and who continuously has remained
employed for twelve months is allowed a credit against taxes due under
this chapter for wages paid to the employee in an amount equal to:
(1) twenty percent of wages up to five thousand dollars paid for the
first year of employment;
(2) fifteen percent of wages up to five thousand dollars paid for the
second year of employment;
(3) ten percent of wages up to five thousand dollars paid for the
third year of employment.
(B) The tax credit provided by subsection (A) shall not be allowed
unless the taxpayer also makes available health care coverage for the
benefit of each employee for which the credit is claimed.
(C) The Department of Social Services and the South Carolina
Employment Security Commission must make information available to
employers interested in hiring AFDC recipients and must provide
documentation to employers verifying a person's status as an AFDC
recipient.
(D) This section applies to tax years beginning after 1994.
(E) No tax credit may be taken under this section if the position filled
by the former AFDC recipient was made available due to the termination
or forced resignation of an employee for the purpose of obtaining the tax
credit. Nothing in this section creates a private cause of action which
does not otherwise exist at law."
State agency goals to recruit and employ welfare recipients
SECTION 7. Each state agency shall establish recruitment and hiring
goals which shall target ten percent of all jobs requiring a high school
diploma or less to be filled with welfare or food stamp recipients. A
question concerning receipt of AFDC benefits or food stamps may be
added to the state employment application for purposes of targeting these
applicants. Each agency annually shall report to the department the
number of welfare recipients employed in comparison to the established
goal.
Teen parent independence initiative
SECTION 8. The department, as part of the employment and training
program, shall provide special educational and related services for teen
parents to assist them in becoming economically independent and to
provide health information. This teen parent initiative must be staffed by
department personnel familiar with school dropout programs, family
planning programs which comply with existing law, and parent
effectiveness training programs, and whenever possible and practical, the
department shall coordinate with comparable staff of other state and local
agencies in providing these services.
Job Training and Partnership Act incentive funds
SECTION 9. To expand available job training activities for AFDC
recipients, the Governor may target future incentive funds under Title
II-A of the Job Training and Partnership Act in such a way as to
encourage the service delivery areas and local private industry councils to
increase service levels and improve performance outcomes related to
services to AFDC recipients.
County departmental goals for hiring welfare recipients
SECTION 10. To emphasize the importance of education, training, and
employment in restructuring the welfare system, the department shall
establish goals for the placement and retention of AFDC recipients in
employment programs for each county welfare office. These goals must
be reflected in the Employee Performance Evaluation of all appropriate
department employees.
Sanctions for failing to comply with welfare agreement
SECTION 11. (A) To emphasize the necessity of each family achieving
independence and self-sufficiency, if an AFDC recipient fails without
good cause to comply with the employment and training requirements
contained in the agreement entered into between the recipient and the
State Department of Social Services, the department shall:
(1) grant a thirty-day conciliation period for the recipient to
reconsider the decision not to comply with the terms of the agreement.
During this thirty-day period, the recipient has the right to appeal the
department's decision to impose sanctions. At the end of this thirty-day
period if the conciliation/fair hearing decision was not in the recipient's
favor, all AFDC benefits must be terminated. Benefits may be reinstated
when the recipient agrees to comply according to the terms of the
agreement and demonstrates willingness to comply by participating in the
employment and training program for a period of thirty days;
(2) terminate all AFDC benefits if the recipient completes the
training requirements contained in the agreement and then refuses an
offer of employment.
(B) A recipient has good cause for failing to comply with the
employment and training provisions of the agreement if the recipient
is:
(1) a parent or caretaker relative with a child under one year of age;
however, custodial parents under age twenty-five who have not
completed their high school education are required to comply with these
provisions regardless of the age of the child;
(2) at least six months pregnant and the pregnancy is verified by a
qualified licensed health care provider;
(3) incapacitated and the incapacity is verified by a physician, and if
the department considers it necessary, confirmed by an assessment
performed by the Department of Vocational Rehabilitation, as a physical
or mental impairment that prevents the recipient from engaging in gainful
employment or participating in education or training;
(4) caring for an incapacitated person whose incapacity has been
verified by a physician and, if the department considers it necessary,
confirmed by an assessment performed by the Department of Vocational
Rehabilitation;
(5) unable to participate because child care and reasonable
transportation were not provided when needed for participation in
employment and training programs.
Family skills training program
SECTION 12. As a condition of eligibility for AFDC benefits, each
adult recipient and minor mother recipient must participate in a family
skills training program which must include, but is not limited to,
parenting skills, financial planning, and health information. Whenever
possible and practical, the department shall coordinate with comparable
staff of other state and local agencies in providing these services.
This program must include an alcohol and other drug assessment when
it is determined by the department that an assessment is appropriate. The
department shall coordinate with the Department of Alcohol and Other
Drug Abuse Services to provide the proper assessment of the recipient
and training of the department personnel who are to conduct the
assessment. If the recipient is determined to be in need of alcohol and
other drug abuse treatment, the department shall coordinate the services
with the Department of Alcohol and Other Drug Abuse Services and
shall include the individually determined terms and conditions of the
treatment in the recipient's agreement with the department.
This program must include a family planning assessment if it is
determined by the department that an assessment is appropriate. The
department shall coordinate with the Department of Health and
Environmental Control to provide the AFDC family with education,
evaluation, and counseling, consistent with Medicaid regulations. State
funds appropriated for family planning must not be used to pay for an
abortion.
Unemployed parent may be ordered to participate in departmental
employment program
SECTION 13. Section 20-7-420 of the 1976 Code, as last amended by
an act of 1995 bearing ratification number 585 of 1994, is further
amended by adding an appropriately numbered item to read:
"( ) to order a person required to pay support under a court
order being enforced under Title IV-D of the Social Security Act who is
unemployed or underemployed and who is the parent of a child receiving
AFDC benefits to participate in an employment training program or
public service employment pursuant to regulations promulgated by the
department. The Division of Child Support Enforcement of the State
Department of Social Services also has jurisdiction under this item in
cases under Title IV-D of the Social Security Act brought pursuant to
Article 32, Chapter 7, Title 20 of the 1976 Code."
Noncustodial unemployed parent may be ordered to participate in
departmental employment program
SECTION 14. The 1976 Code is amended by adding:
"Section 20-7-873. Notwithstanding any other provision of law,
a court or administrative order for child support or order for contempt for
nonpayment of child support being enforced under Title IV-D of the
Social Security Act may direct a noncustodial parent who is unemployed
or underemployed and who is the parent of a child receiving Aid to
Families with Dependent Children benefits to participate in an
employment training program or public service employment. Upon
failure of the noncustodial parent to comply with an order of contempt
which directed the noncustodial parent to participate in the employment
training program or public service employment, the Family Court, upon
receiving an affidavit of noncompliance from the department,
immediately may issue a bench warrant for the arrest of the noncustodial
parent. The Department of Social Services shall promulgate regulations
governing the eligibility criteria and implementation of these training
programs and public service employment."
Entrepreneurial development
SECTION 15. The Department of Social Services shall seek federal
funds for entrepreneurial development so that AFDC clients can create
jobs and provide incentives for AFDC clients in their efforts to attain
self-sufficiency and independence. The department shall identify markets
for entrepreneurial development for AFDC clients, provide clients with
job skills and opportunities to develop expertise in operating businesses,
and allow clients to accrue savings, buy stock in a business, or, over a
period of time, purchase a business. In carrying out this program the
department shall work in conjunction with public, community, and
private sector entities including businesses, banks, and other institutions
to develop strategies that provide training, technical assistance, planning,
and research to AFDC clients in their efforts to own their own
businesses.
Outreach and information programs
SECTION 16. In order to assure that all families working toward self
sufficiency have access to all potential supportive services that will help
ensure their success, the department, within existing revenues, may
develop outreach and information programs which provide information
and assistance on support services available to low income families
including, but not limited to, information on earned income tax credits
and medicaid eligibility.
Endorsement of statewide mass transit network
SECTION 17. To promote independence and assist AFDC families in
participating in the Department of Social Services employment and
training program and in getting to their place of employment, reliable
transportation services are needed. The department in conjunction with
the Department of Public Safety shall endorse local efforts to develop a
statewide network of mass transit systems.
Transitional Medicaid and child care
SECTION 18. (A) To promote stability and longevity in employment,
the department shall apply to the federal government for a waiver
authorizing transitional Medicaid and child care for one additional year
for AFDC clients who lose eligibility because of employment or who
become employed after losing eligibility as a result of exceeding the
twenty-four month time limit set out in Part IV, Section 1, for two years
and whose earnings are less than poverty and whose continued
employment would be jeopardized by medical expenditures. If this
waiver is denied, the department shall apply to the federal government
for a waiver authorizing a grant of three percent of the maximum family
grant and supportive services of Medicaid and child care for one year
from the date that the benefits would otherwise end for an employed
AFDC recipient who would otherwise be ineligible because of income or
from the date that a former recipient who had been found ineligible for
exceeding the twenty-four month time limit set out in Part IV, Section 1,
begins employment. Benefits provided under this section do not count
against the twenty-four month time limit set out in Part IV, Section
1.
(B) If a former recipient's employer offers or provides health
insurance coverage for the former recipient and/or the former recipient's
family at an out-of-pocket cost to the former recipient which is less than
ten percent of the former recipient's wages after deducting Federal
Income Collection Act contributions, no Medicaid coverage may be
provided to a family member who could be covered under the
employer-provided insurance plan.
Part IV
Welfare Caps and Financial Eligibility
Time limited welfare and exceptions
SECTION 1. To emphasize that welfare is temporary assistance in time
of trouble, the department shall apply to the federal government for a
waiver authorizing assistance in the Aid to Families with Dependent
Children Program (AFDC) to be limited to no more than twenty-four
months out of one hundred and twenty months and no more than sixty
months in a lifetime except when:
(1) the head of household is permanently or totally disabled, whether
physical or mental;
(2) the head of household is providing full-time care for a disabled
individual in the home;
(3) the parent of the child for whom assistance is received is a minor
under the age of eighteen who has not completed high school.
Assistance must be provided for a period of up to twenty-four months
after the minor parent attains the age of eighteen or completes high
school, whichever occurs first;
(4) the individual is involved in an approved training program which
will not be completed by the twenty-fourth month. However, no
extension may be granted beyond the thirtieth month except with the
express permission of the county director;
(5) the adult head of household is not the parent of the child and is
not included in the assistance check;
(6) the adult head of household is providing a home for and caring
for a child whom the department has determined to be abandoned by his
or her parents and for whom the alternative placement is foster care;
(7) child care or transportation is not reasonably available;
(8) The recipient can establish by clear and convincing evidence to
the department that the recipient has fully complied with the recipient's
agreement with the department including:
(a) diligently seeking all available employment and following up on
all employment opportunities known to the Employment Security
Commission or related state agencies for which the recipient is
qualified;
(b) demonstrating a willingness to relocate as provided in Part III,
Section 4;
(c) cooperating fully with all state agencies in order to strive to
become gainfully employed; and the department is satisfied that no
available employment reasonably exists for the recipient and that there is
no other means of support reasonably available to the recipient's family.
Every sixty days the department shall conduct a review of the recipient's
compliance with the requirements of this item. Under this review,
assistance provided pursuant to this item may only be extended for up to
an additional twelve months. At the end of the twelve-month extension,
assistance may only be provided with the express permission of the
county director who must certify that the person is engaged in education,
training, or other employment-related activities.
No sooner than sixty and no later than ninety days after an AFDC
recipient's benefits are terminated under the time limits for the receipt of
AFDC as provided for in this section, the department shall conduct an
assessment of and make recommendations, as appropriate, for the health
and well-being of the children in the care and custody of the former
AFDC recipient.
Participation in work support required when child is one year old
SECTION 2. AFDC recipients must be encouraged to voluntarily
participate in a work program when their youngest child reaches the age
of six months, but in all cases the recipients must participate in a work
program once their youngest child reaches age one.
Vehicle and other asset limits
SECTION 3. The asset limit for families on AFDC is ten thousand
dollars book value for a vehicle and a total of two thousand five hundred
dollars for all other assets.
Individual Development Account
SECTION 4. Families on AFDC and those not receiving welfare but
whose household income falls below one hundred eighty-five percent of
the federal poverty level may own an Individual Development Account.
Contributions to and interest on these accounts are tax free, and a
recipient may accrue up to ten thousand dollars in the account.
Withdrawals used for education or job training or to start a business or to
purchase a home are tax free. Withdrawals for other purposes are not tax
free.
The State shall seek a waiver from the federal government providing
that no lump sum payment of ten thousand dollars or less deposited in an
Individual Development Account within thirty days of receipt will make
the family ineligible for receipt of AFDC.
Minor child's income to be excluded
SECTION 5. To remove the disincentive to employment that occurs
when a family's AFDC payment is reduced because of a minor child's
earnings and to encourage children in AFDC families to develop positive
work attitudes, the State shall apply to the federal government for a
waiver to exclude income earned by a minor child attending school when
determining eligibility or payment amount for Aid to Families with
Dependent Children.
Interest income and dividends to be excluded
SECTION 6. In order to assist AFDC families in gaining financial
independence and in building for the future, the Department of Social
Services shall apply to the federal government for a waiver allowing the
State to exclude interest income and dividends up to four hundred dollars
in determining eligibility and payment amounts for Aid to Families with
Dependent Children.
Part V
Parental Responsibility
No increase in welfare with increase in number of children
SECTION 1. To encourage parents to plan for security and assume
responsibility for their children, there must be no incremental increase in
AFDC benefits to a family as a result of a child born to that parent ten or
more months after the family begins to receive AFDC. This section does
not apply if the department establishes that the child was conceived as a
result of rape or incest. The State may provide benefits to a child born
after ten months in the form of vouchers that may be used only to pay
for particular goods and services specified by the State as needed for the
child's mother to participate in education training and employment
related activities.
Eligibility denied on ground of alcohol or drug problem; treatment
program required
SECTION 2. An AFDC recipient who, while receiving AFDC benefits,
has been identified as requiring alcohol and other drug abuse treatment
service or who has been convicted of an alcohol related offense or a
controlled substance violation or gives birth to a child with evidence of
the effects of maternal substance abuse and the child subsequently is
shown to have a confirmed positive test performed on a suitable
specimen within twenty-four hours of birth, is ineligible for AFDC
assistance unless the recipient submits to random drug tests and/or
participates in an alcohol or drug treatment program approved by the
Department of Alcohol and Other Drug Abuse Services. Upon
completion of the program, if a subsequent random test or subsequent
conviction for a controlled substance violation or alcohol related offense
occurs, the recipient is ineligible for AFDC benefits. Benefits may be
reinstated at a later time upon reapplication, if the recipient first
undergoes a conciliation assessment, including review and/or
modification of the prescribed individual treatment program and
agreement, and then agrees to comply with its terms and demonstrates
compliance for a period of not less than sixty days. Testing of a child's
specimen pursuant to this section must be conducted by a medical
laboratory certified by the College of American Pathologists or the
National Institute of Drug Abuse for Forensic Urine Drug Testing.
Welfare recipients under age eighteen must attend school
SECTION 3. Welfare recipients under the age of eighteen must be
enrolled and maintain satisfactory attendance, as defined by the
Department of Education, in school as a condition of eligibility for
benefits.
Minor mother must live with minor's parents to receive welfare;
exception
SECTION 4. (A) Minor mothers with a child born out of wedlock must
live in the home of their parent or guardian to be eligible to receive
AFDC benefits unless:
(1) the minor parent has no living parent or legal guardian whose
whereabouts is known;
(2) no living parent or legal guardian of the minor parent allows the
minor parent to live in his or her home;
(3) the minor parent lived apart from his or her own parent or legal
guardian for a period of at least one year before either the birth of the
dependent child or the parent's having applied for AFDC;
(4) the physical or emotional health or safety of the minor parent or
dependent child would be jeopardized if they resided in the same
residence with the minor parent's parent or legal guardian;
(5) there is otherwise good cause for the minor parent and
dependent child to receive assistance while living apart from the minor
parent's parent or legal guardian or another adult relative or an adult
supervised supportive living arrangement.
(B) If a minor parent makes an allegation supporting the conclusion
that subsection (A)(4) applies, the department shall determine whether it
is justified. Circumstances justifying a determination of good cause as
provided for in subsection (A)(5) include, but are not limited to, written
statements from at least two corroborating persons showing that it is not
in the best interest of the minor parent to live with his or her parents or
legal guardian or in an adult supervised supportive living arrangement.
When a minor parent and his or her dependent child are required to live
with the minor parent's parent or legal guardian or another adult relative
or in an adult supervised supportive living arrangement, AFDC must be
paid, where possible, in the form of a protective payment. A minor
parent applicant must be informed directly about AFDC eligibility
requirements including his or her rights under this section. The applicant
must be told of the exemptions and must be asked if one or more of the
exemptions is applicable to the applicant. The department shall assist the
minor in obtaining the necessary verification if one or more of these
exemptions is alleged.
Eligibility based on parent's support and employment revised
SECTION 5. To eliminate restrictions that break up families and to
encourage the formation of new families, the department shall remove the
requirement that a child be deprived of support from one or both parents
to be eligible for assistance and shall remove the one hundred hour rule
and the recent connection to the labor force rule.
Family to be served as a whole
SECTION 6. To further strengthen the family unit and promote parental
responsibility, emphasis must be placed on serving the family as a whole.
Immunizations, school attendance, preventive health screenings, and
pregnancy prevention programs as authorized by law for minor children
must be monitored and encouraged.
Information on absent parent required
SECTION 7. The State shall apply for a federal waiver to require AFDC
and Medicaid applicants and recipients as an additional condition for
receiving benefits to provide:
(1) the first and last name of the absent parent and putative father and
any known licenses as defined in Section 20-7-941(4) which might be
subject to revocation; and
(2) at least two of the following subitems on each absent parent and
each putative father named:
(a) date of birth;
(b) social security number;
(c) last known home address;
(d) last known employer's name and address;
(e) either of the absent parent's parent's name and address.
An applicant or recipient who fails to provide this information or who
provides the names of two putative fathers, both of whom are excluded
from paternity by genetic testing, is ineligible for assistance for himself
or herself and the child for whom parental information was not provided
unless the applicant or recipient asserts, and the department verifies, there
is good cause for not providing this information. Good cause includes
documentation of incest, rape, or the existence or the threat of physical
abuse to the child or custodial parent.
Upon legal establishment of paternity of the child in question, AFDC
benefits may be established or reinstated if all other eligibility
requirements are met.
Portion of child support payments to be paid to welfare recipients;
department to be reimbursed
SECTION 8. From the amounts collected by the South Carolina State
Department of Social Services for children and the parents of such
children who are currently recipients of Aid to Families with Dependent
Children (AFDC), pursuant to Section 43-5-220 of the 1976 Code, the
department may distribute these amounts as follows:
(1) of amounts collected which represent monthly monetary support
obligations, the first seventy-five dollars of the monthly payment must be
paid to the AFDC family and thereafter must be increased up to the
amount of the monthly support obligation;
(2) if the amount collected is in excess of the amounts required to be
distributed under item (1), the excess must be retained by the department
as reimbursement for AFDC payments made to the family for which the
State has not been reimbursed. Of the amount retained by the
department, the department shall determine the federal government's
share so that the department may reimburse the federal government, if
required, to the extent of its participation in the financing of the AFDC
payment.
(3) if the amount collected is in excess of the amounts required to be
distributed under (1) and (2) the family must be paid the excess.
(4) payments made to the family in item (1) may not be used in
determining the amount paid, if any, in AFDC or other welfare
benefits.
Increased health care access through existing resources
SECTION 9. To assist AFDC families in directing their efforts to
becoming economically stable and financially independent rather than
diverting their resources to the care of children and family members with
health and medical problems, the State, through coordination and
cooperation among various agencies utilizing current resources, must:
(1) provide greater access to and place more emphasis on early and
continuous prenatal care;
(2) eliminate as many barriers to good prenatal care as possible;
(3) establish teen parent initiatives dealing with school dropout
programs and parent effectiveness training programs;
(4) promote counseling and education about early childhood health,
especially the need for immunizations;
(5) foster better access to preventive health services through expanded
hours of health care clinics;
(6) provide, as funding allows, school nurses to increase access to
primary care and more effective identification and referral of health care
among children.
Federal child care funds must be sought
SECTION 10. All federal child care funds are needed to ensure that
AFDC families can participate successfully in the AFDC program. The
State should make every effort to obtain these funds.
Part VI
Child Support Enforcement Initiatives
Grandparent responsibility for child support for minor's child
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-936. When a child is born to parents, either or
both of whom are unmarried and under eighteen years of age, the Child
Support Enforcement Division of the State Department of Social Services
may pursue support and maintenance of that child from one or both of
the child's maternal and paternal grandparents as long as the parent of
the child is under eighteen years of age."
Child support enforcement through license revocation
SECTION 2. Title 20, Chapter 7, Article 9, Subarticle 3 of the 1976
Code is amended by adding:
"Part II
Child Support Enforcement
Through License Revocation
Section 20-7-940. In addition to other qualifications necessary for
holding a license, an individual who is under an order for child support
also is subject to the provisions of this part.
Section 20-7-941. (A) As used in this part:
(1) `Arrearage' means the total amount overdue under an order of
support.
(2) `Compliance with an order for support' means that pursuant to
an order for support the person required to pay under the order is in
arrears no more than an amount equal to two months' support
obligation.
(3) `Division' means the Child Support Enforcement Division of the
State Department of Social Services.
(4) `License' means:
(a) a certificate, license, credential, permit, registration, or any
other authorization issued by a licensing entity that allows an individual
or is required of an individual to engage in a business, occupation, or
profession and includes, but is not limited to, a medical license, teaching
certificate, commission and certificate of training from the South Carolina
Criminal Justice Academy for a sworn law enforcement officer, and a
hunting, fishing, or trapping license for commercial use;
(b) a driver's license and includes, but is not limited to, a
beginner's or instruction permit, a restricted driver's license, a
motorcycle driver's license, or a commercial driver's license;
(c) a hunting, fishing, or trapping license for recreational
purposes;
(d) a watercraft registration.
`License' does not include the authority to practice law; however, the
Supreme Court may consider as an additional ground for the discipline of
members of the bar the wilful violation of a court order including an
order for child support and the department has grounds to file a
grievance with the Supreme Court if a licensed attorney is in wilful
violation of a court order for child support.
(5) `Licensee' means an individual holding a license issued by a
licensing entity.
(6) `Licensing entity' or `entity' means, for the purposes of issuing
or revoking a license, a state agency, board, department, office, or
commission that issues a license.
(7) `Order for support' means an order being enforced by the
division under Title IV-D of the Social Security Act and which provides
for periodic payments of funds for the support of a child or maintenance
of a spouse or former spouse and support of a child, whether temporary
or final and includes, but is not limited to, an order for reimbursement
for public assistance or an order for making periodic payments on a
support arrearage.
Section 20-7-942. If a licensee is out of compliance with an order for
support, the licensee's license must be revoked unless within ninety days
of receiving notice that the licensee is out of compliance with the order,
the licensee has paid the arrearage owing under the order or has signed a
consent agreement with the division establishing a schedule for payment
of the arrearage.
Section 20-7-943. The division shall obtain information on licensees
pursuant to Section 20-7-944 for the purposes of establishing, enforcing,
and collecting support obligations.
Section 20-7-944. In the manner and form prescribed by the division,
all licensing entities monthly shall provide the division information on
licensees for use in the establishment, enforcement, and collection of
child support obligations including, but not limited to:
(1) name;
(2) address of record;
(3) social security number;
(4) employer's name and address;
(5) type of license;
(6) effective date of license or renewal;
(7) expiration date of license;
(8) active or inactive license status.
Section 20-7-945. (A) The division shall review the information
received pursuant to Section 20-7-944 and determine if a licensee is out
of compliance with an order for support. If a licensee is out of
compliance with the order for support, the division shall notify the
licensee that ninety days after the licensee receives the notice of being
out of compliance with the order, the licensing entity will be notified to
revoke the licensee's license unless the licensee pays the arrearage owing
under the order or signs a consent agreement establishing a schedule for
the payment of the arrearage.
(B) Upon receiving the notice provided for in subsection (A), the
licensee may:
(1) request a review with the division; however, issues the licensee
may raise at the review are limited to whether the licensee is the
individual required to pay under the order for support and whether the
licensee is out of compliance with the order of support; or
(2) request to participate in negotiations with the division for the
purpose of establishing a payment schedule for the arrearage.
(C) The division director or the division director's designees are
authorized to and upon request of a licensee shall negotiate with a
licensee to establish a payment schedule for the arrearage. Payments
made under the payment schedule are in addition to the licensee's
ongoing obligation under the order for support.
(D) Upon the division and the licensee reaching an agreement on a
schedule for payment of the arrearage, the division director shall submit
to the court a consent order containing the payment schedule which upon
the court's approval is enforceable as any order of the court. If the court
does not approve the consent order, the court may require a hearing on a
case-by-case basis for the judicial review of the payment schedule
agreement.
(E) If the licensee and the division do not reach an agreement
establishing a schedule for payment of the arrearage, the licensee may
petition the court to establish a payment schedule. However, this action
does not stay the license revocation procedures.
(F) The notification given a licensee that the licensee's license will be
revoked in ninety days clearly must state the remedies and procedures
available to a licensee under this section.
(G) If at the end of the ninety days the licensee still has an arrearage
owing under the order for support or the licensee has not signed a
consent agreement establishing a payment schedule for the arrearage, the
division shall notify the licensing entity to revoke the licensee's license.
A license only may be reinstated if the division notifies the licensing
entity that the licensee no longer has an arrearage or that the licensee has
signed a consent agreement.
(H) Upon notice of the revocation the licensee may appeal the
licensing entity's action under the Administrative Procedures Act.
However, on appeal the licensee is limited to the issues of whether the
licensee is the individual required to pay under the order for support and
whether the licensee is out of compliance with the order of support. An
appeal from the decision of the licensing entity may be taken as any
other appeal from a decision of the licensing entity.
(I) If a licensee under a consent order entered into pursuant to this
section, for the payment of an arrearage subsequently is out of
compliance with an order for support, the division immediately may
notify the licensing entity to revoke the license and the procedures
provided for under subsection (B) do not apply; however the appeal
provisions of subsection (H) apply. If upon revocation of the license the
licensee subsequently enters into a consent agreement or the licensee
otherwise informs the department of compliance, the department shall
notify the licensing entity within fourteen days of the determination of
compliance and the license must be reissued.
(J) Notice required to the licensee under this section must be
deposited in the United States mail with postage prepaid and addressed to
the licensee at the last known address. The giving of the notice is
considered complete ten days after the deposit of the notice. A certificate
that the notice was sent in accordance with this part creates a
presumption that the notice requirements have been met even if the
notice has not been received by the licensee.
(K) Nothing in this section prohibits a licensee from filing a petition
for a modification of a support order or for any other applicable relief.
However, no such petition stays the license revocation procedure.
(L) If a license is revoked under this section, the licensing entity is
not required to refund any fees paid by a licensee in connection with
obtaining or renewing a license, and any fee required to be paid to the
licensing entity for reinstatement after a license revocation applies.
Section 20-7-946. (A) Information provided to a licensing entity
pursuant to this section is subject to disclosure in accordance with the
Freedom of Information Act.
(B) A person who releases information received by a licensing entity
pursuant to this section, except as authorized by this section or another
provision of law, is guilty of a misdemeanor and, upon conviction, must
be fined not more than one thousand dollars or imprisoned not more than
one year, or both.
Section 20-7-947. The State Department of Social Services may enter
into interagency agreements with licensing entities necessary to
implement this part. These agreements shall provide for the receipt of
federal funds by a licensing agency to cover that portion of costs
allowable in federal law and regulation and incurred by the licensing
agency in implementing this part. Notwithstanding any other provision
of law, revenue generated by a licensing agency must be used to fund the
nonfederal share of costs incurred pursuant to this part. These
agreements shall provide that a licensing agency shall reimburse the State
Department of Social Services for the nonfederal share of costs incurred
by the State Department of Social Services in implementing this part.
An agency shall reimburse the State Department of Social Services for
the nonfederal share of costs incurred pursuant to this part from monies
collected from licensees.
Section 20-7-948. The State Department of Social Services shall
promulgate regulations necessary to carry out this part and shall consult
with licensing entities in developing these regulations."
Administrative process
SECTION 3. Title 20, Chapter 7 of the 1976 Code is amended by
adding:
"Article 32
Administrative Process for Establishing
and Enforcing Paternity and Child Support
Section 20-7-9505. Notwithstanding Section 20-7-420 and any other
provision of law, the Division of Child Support Enforcement of the
Department of Social Services also has jurisdiction to establish paternity
and to establish and enforce child support in cases brought pursuant to
Title IV-D of the Social Security Act in accordance with this article.
Section 20-7-9510. As used in this article, unless the context
otherwise requires:
(1) `Arrears' or `arrearages' means amounts of past-due and unpaid
monthly support obligations established by court or administrative
order.
(2) `Costs of collections' means costs as provided for in Section
20-7-1440 in addition to the monthly support obligation.
(3) `Court' or `judge' means any court or judge in this State having
jurisdiction to determine the liability of persons for the support of
another person.
(4) `Custodian' means a parent, relative, legal guardian, or other
person or agency having physical custody of a child.
(5) `Dependent child' means a person who is legally entitled to or
the subject of a support order for the provision of proper or necessary
subsistence, education, medical care, or other care necessary for the
person's health, guidance, or well-being who is not otherwise
emancipated, self-supporting, married, or a member of the armed forces
of the United States.
(6) `Director' means the Director of the Child Support Enforcement
Division of the State Department of Social Services.
(7) `Division' means the Child Support Enforcement Division of the
State Department of Social Services.
(8) `Duty of support' means a duty of support imposed by law, by
order, decree, or judgment of any court or by administrative order,
whether interlocutory or final, or whether incidental to an action for
divorce, separation, separate maintenance, or otherwise. `Duty of support'
includes the duty to pay a monthly support obligation, a child support
debt, and any arrearages.
(9) `Monthly support obligation' means the monthly amount of
current child support that an obligor is ordered to pay by the court or by
the division pursuant to this article.
(10) `Obligee' means a person or agency to whom a duty of support
is owed or a person or agency having commenced a proceeding for the
establishment or enforcement of an alleged duty of support.
(11) `Obligor' means a person owing a duty of support or against
whom a proceeding for the establishment or enforcement of a duty to
support is commenced.
(12) `Order' means an administrative order that involves the
establishment of paternity and/or the establishment and enforcement of an
order for child support and/or medical support issued by the Child
Support Enforcement Division of the State Department of Social Services
or the administrative agency of another state or comparable jurisdiction
with similar authority.
(13) `Receipt of notice' means either the date on which service of
process of a notice of financial responsibility is actually accomplished or
the date on the return receipt if service is by certified mail, both in
accordance with one of the methods of service specified in Section
20-7-9520.
Section 20-7-9515. The director shall issue a notice of financial
responsibility to an obligor who owes a child support debt or who is
responsible for the support of a child on whose behalf the custodian of
that child is receiving support enforcement services from the division
pursuant to Title IV-D of the Social Security Act. The notice shall
include the following statements and information:
(1) That the obligor is required to appear at the time and location
indicated in the notice for a negotiation conference to determine the
obligor's duty of support.
(2) That the division may issue an order of default setting forth the
amount of the obligor's duty of support, if the obligor:
(a) fails to appear for the negotiation conference as scheduled in
the notice; or
(b) fails to reschedule a negotiation conference before the date and
time stated in the notice; or
(c) fails to send the division a written request for a court hearing
before the time scheduled for the negotiation conference.
(3) That the obligor may request a court hearing within twenty days
after the receipt of the notice of financial responsibility pursuant to
Section 20-7-9540.
(4) That the order of default must be filed with the clerk of court of
the county in which the notice of financial responsibility was issued; that
as soon as the order of default is filed, it shall have all the force, effect,
and remedies of an order of the court, including, but not limited to, wage
assignment or contempt of court; and that execution may be issued on the
order in the same manner and with the same effect as if it were an order
of the court.
(5) No court order for judgment nor verified entry of judgment may
be required in order for the clerk of court and division to certify past due
amounts of child support to the Internal Revenue Service or State
Department of Revenue and Taxation for purposes of intercepting a
federal or state tax refund.
(6) The name of the custodian of the child on whose behalf support
is being sought and the name and birth date of the child.
(7) That the amount of the monthly support obligation must be
based upon the child support guidelines as set forth in Sections 20-7-852
and 43-5-580.
(8) That the division may issue an administrative subpoena to obtain
income information from the obligor.
(9) The amount of arrears or arrearages which have accrued under
an administrative or court order for support.
(10) That the costs of collections may be assessed against and
collected from the obligor.
(11) That the obligor may assert the following objections in the
negotiation conference and that, if the objections are not resolved, the
division shall schedule a court hearing pursuant to Section 20-7-9525(C):
(a) that the dependent child has been adopted by a person other
than the obligor;
(b) that the dependent child is emancipated; or
(c) that there is an existing court or administrative order for
support as to the monthly support obligation.
(12) That the duty to provide medical support must be established
under this article in accordance with the state child support
guidelines.
(13) That an order issued pursuant to this article or an existing order
of the court also may be modified under this article in accordance with
the Uniform Interstate Family Support Act.
(14) That the obligor is responsible for notifying the division of any
change of address or employment within ten days of the change.
(15) That, if the obligor has any questions, the obligor should
telephone or visit the division.
(16) That the obligor has the right to consult an attorney and the right
to be represented by an attorney at the negotiation conference.
(17) Other information as set forth in regulations promulgated
pursuant to the Administrative Procedures Act.
Section 20-7-9520. The division shall serve a notice of financial
responsibility on the obligor not less than twenty days before the date
stated in the notice for the negotiation conference:
(1) in the manner prescribed for service of process in a civil action;
or
(2) by an employee appointed by the division to serve process;
or
(3) by certified mail, return receipt requested, signed by the obligor
only. The receipt is prima facie evidence of service.
Section 20-7-9525. (A) An obligor who has been served with a notice
of financial responsibility pursuant to Section 20-7-9520 and who does
not request a hearing pursuant to Section 20-7-9540 shall appear at the
time and location stated in the notice for a negotiation conference or shall
reschedule a negotiation conference before the date and time stated in the
notice. The negotiation conference must be scheduled not more than
sixty days after the date of the issuance of the notice of financial
responsibility. A negotiation conference may not be rescheduled more
than once without cause and may not be rescheduled for a date more than
fifteen days after the date and time stated in the notice without good
cause as defined in regulations promulgated pursuant to the
Administrative Procedures Act. If a stipulation is agreed upon at the
negotiation conference as to the obligor's duty of support, the division
shall issue a consent order setting forth:
(1) the amount of the monthly support obligation and instructions on
the manner in which it must be paid;
(2) the amount of arrearages due and owing and instructions on the
manner in which it must be paid;
(3) the name of the custodian of the child and the name and birth
date of the child for whom support is being sought;
(4) other information as set forth in regulations promulgated
pursuant to Section 20-7-9515(17).
(B) A copy of the consent order issued pursuant to subsection (A) and
proof of service must be filed with the Family Court in the county in
which the notice of financial responsibility was issued. The clerk shall
stamp the date of receipt of the copy of the order and shall assign the
order a case number. The consent order shall have all the force, effect,
and remedies of an order of the court including, but not limited to, wage
assignment and contempt of court. Execution may be issued on the order
in the same manner and with the same effect as if it were an order of the
court. No court order for judgment nor verified entry of judgment is
required in order for the clerk of court and division to certify past-due
amounts of child support to the Internal Revenue Service or State
Department of Revenue and Taxation for purposes of intercepting a
federal or state tax refund, or credit bureau reporting.
(C) If no stipulation is agreed upon at the negotiation conference, the
division shall file the notice of financial responsibility and proof of
service with the clerk of the Family Court in the county in which the
notice of financial responsibility was issued, and the matter must be set
for a hearing in accordance with Section 20-7-9540.
(D) The determination of the monthly support obligation must be
based on the child support guidelines as set forth in Sections 20-7-852
and 43-5-580.
Section 20-7-9530. (A) If an obligor fails to appear for a negotiation
conference scheduled in the notice of financial responsibility or fails to
reschedule the negotiation conference before the date and time stated in
the notice of financial responsibility or if the obligor fails to serve the
division with a written request for a court hearing before the time
scheduled for the negotiation conference, the division shall issue an order
of default in accordance with the notice of financial responsibility. The
order of default must be approved by the court and shall include:
(1) the amount of the monthly support obligation and instructions on
the manner in which it must be paid;
(2) the amount of arrearages due and owing and instructions on the
manner in which it must be paid;
(3) the name of the custodian of the child and the name and birth
date of the child for whom support is being sought;
(4) other information as set forth in regulations promulgated
pursuant to the Administrative Procedures Act.
(B) A copy of an order of default issued pursuant to subsection (A),
proof of service, and an affidavit of default must be filed with the Family
Court in the same manner and has the same force and effect as provided
for in Section 20-7-9525(B).
(C) The determination of the monthly support obligation must be
based on the child support guidelines as set forth in Sections 20-7-852
and 43-5-580.
Section 20-7-9535. (A) A copy of an order of financial responsibility
or a consent order issued by the division must be sent by the division by
first class mail to the obligor or the obligor's attorney of record and to
the custodial parent.
(B) A consent order and an order of default shall continue
notwithstanding the fact that the child is no longer receiving benefits for
aid to families with dependent children, unless the child is emancipated
or is otherwise no longer entitled to support as otherwise determined by
law. An order of financial responsibility or order of default shall continue
until modified by an administrative order or court order or by
emancipation of the child.
(C) Nothing contained in this article deprives a court of competent
jurisdiction from determining the duty of support of an obligor against
whom an order is issued pursuant to this article. A determination by the
court supersedes the administrative order as to support payments due
subsequent to the entry of the order by the court but must not modify
any arrearage which may have accrued under the administrative
order.
Section 20-7-9540. (A) An obligor who objects to a part of the notice
of responsibility, within thirty days of receipt of the notice, shall make a
written request for a court hearing to the division. The request must be
served upon the division by certified mail or in the same manner as a
summons in a civil action.
(B) Upon receipt of a written request for a hearing, the division shall
file the written request for a hearing, the notice of financial
responsibility, and proof of service with the clerk of court in the county
in which the notice of financial responsibility was issued and shall
request the court to set a hearing for the matter. The clerk of court shall
send a notice to the obligor and the division informing them of the date
and location of the hearing. If the obligor raises issues relating to custody
or visitation and the court has jurisdiction to hear these matters, the court
shall set a separate hearing for those issues after entry of the order.
Section 20-7-9545. (A) The division may establish paternity of a child
in the course of a negotiation conference held pursuant to Section
20-7-9525 based upon an application for services or receipt of services
by the custodian pursuant to Title IV-D of the Social Security Act.
Service on the alleged father pursuant to this section must be made as
provided in Section 20-7-9520. In addition to the notice of financial
responsibility as set forth in Section 20-7-9515, the division must serve
the alleged father with a notice of paternity determination which shall
include:
(1) an allegation that the alleged father is the natural father of the
child involved;
(2) the child's name and date of birth;
(3) the name of the child's mother and the name of the person or
agency having custody of the child, if other than the mother;
(4) a statement that if the alleged father fails to timely deny the
allegation of paternity, the question of paternity may be resolved against
the alleged father without further notice;
(5) a statement that if the alleged father timely denies the allegation
of paternity:
(a) the alleged father is subject to compulsory genetic testing and
that expenses incurred may be assessed against the alleged father if he is
found to be the father;
(b) a genetic test may result in a presumption of paternity; and
(c) upon receipt of the genetic test results, if the alleged father
continues to deny paternity, the alleged father may request the division to
refer the matter to Family Court for a determination of paternity pursuant
to Section 20-7-9540. An order for child support resulting from a
subsequent finding of paternity is effective from the date the alleged
father was served with the notice of paternity determination.
(B) The alleged father may file a written denial of paternity with the
department within thirty days after service of the notice of paternity
determination.
(C) When there is more than one alleged father of a child, the division
may serve a notice of paternity determination on each alleged father in
the same consolidated proceeding or in separate proceedings. Failure to
serve notice on an alleged father does not prevent the department from
serving notice on any other alleged father of the same child.
Section 20-7-9550. (A) If the testimony and other supplementary
evidence presented at the negotiation conference demonstrate a reasonable
probability that the alleged father had sexual intercourse with the child's
mother during the probable time of the child's conception or if the
evidence shows a probable existence of a presumption, the division may
issue a subpoena ordering the alleged father to submit to paternity genetic
testing. A reasonable probability of sexual intercourse during the
possible time of conception may be established by affidavit of the child's
mother.
(B) If the division does not receive a timely written denial of paternity
or if an alleged father fails to appear at the negotiation conference or for
a scheduled paternity test, the division may enter an order declaring the
alleged father the legal father of the child. The order takes effect fifteen
days after entry of default unless the alleged father before the fifteenth
day presents good cause for failure to make a timely denial or for failure
to appear at the negotiation conference or to undergo genetic testing.
The division may not enter an order under this section if there is more
than one alleged father unless the default applies to only one alleged
father and all other alleged fathers have been excluded by the results of
genetic testing. If there is more than one alleged father who has not been
excluded by the results of genetic testing, the division may petition the
court for a hearing to establish paternity.
(C) If the rights of others and the interests of justice require, the
division may apply to any Family Court for an order compelling an
alleged father to submit to genetic testing. The court shall hear the
matter as expeditiously as possible. If the court finds reasonable cause to
believe that the alleged father is the natural or presumed father of the
child, the court shall enter an order compelling the alleged father to
submit to a genetic test. As provided in subsection (A), reasonable cause
may be established by affidavit of the child's mother.
Section 20-7-9555. The division shall appoint an expert who is
qualified in examining genetic markers to conduct any genetic test. If the
issue of paternity is referred to the Family Court, the expert's completed
and certified report of the results and conclusions of a genetic test is
admissible as evidence without additional testing or testimony. An order
entered pursuant to this article establishes legal paternity for all
purposes.
Section 20-7-9560. (A) The division may establish all duties of
support including the duty to pay arrearages and to pay child support
debt and may enforce duties of support from an obligor pursuant to this
article if that action is requested by an agency of another state which is
operating under Title IV-D of the federal Social Security Act, as
amended.
(B) If the division proceeds against an obligor under subsection (A), it
shall seek establishment and enforcement of the liability imposed by the
laws of the state where the obligor was located during the period for
which support is sought. The obligor is presumed to have been present in
this State during the period until otherwise shown.
(C) If the obligee is absent from this State and the obligor presents
evidence which constitutes a defense, the obligor shall request a court
hearing.
(D) The remedies provided by this article are additional to those
remedies provided by the `Uniform Interstate Family Support Act'.
Section 20-7-9565. (A) At any time after the entry of a consent order
or an order for default under this article or an order of the court the
division may issue a notice of financial responsibility to an obligor
requesting the modification of an existing order issued pursuant to this
article or an existing order of the court. The division shall serve the
obligor with a notice of financial responsibility as provided in Section
20-7-9515 and shall proceed as set forth in this article. The obligor or
obligee may file a written request for modification of an order issued
under this article or an existing order of the court with the division by
serving the division by certified mail. If the division does not object to
the request for modification based upon a showing of changed
circumstances as provided by law, the division shall serve the obligor
with a notice of financial responsibility as provided in Section 20-7-9515
and shall proceed as set forth in this article. If the division objects to the
request for modification based upon the failure to demonstrate a showing
of changed circumstances, the division shall advise the obligor or obligee
that a petition for review may be filed with the Family Court.
(B) A request for modification made pursuant to this section does not
preclude the division from enforcing and collecting upon the existing
order pending the modification proceeding.
(C) Only payments accruing subsequent to the modification may be
modified. Modification must be made pursuant to Section
20-3-160."
Information on absent parent as condition of eligibility
SECTION 4. Section 43-5-65(a) of the 1976 Code is amended to
read:
"(a) As a condition of eligibility, a needy family applying for
Aid to Families with Dependent Children shall complete a certificate of
eligibility containing a written declaration of such information as may be
required to establish eligibility and amount of aid. The certificate shall
include blanks, wherein must be stated the names, birth dates, and Social
Security numbers of all children receiving aid, their present place of
residence, the names and Social Security number of the adult or
emancipated minor applicant, any income received through employment,
from the absent parent, governmental social insurance or aid programs,
gifts, sale of real or personal property, interest, dividends, or from any
other source and any interest in property, real or personal. As a
condition of eligibility for Aid to Families with Dependent Children, the
applicant must provide, at a minimum, the following on an absent parent
or putative father, or both:
(1) the first and last name and any known licenses as defined in
Section 20-7-941(4) which may be subject to revocation; and
(2) at least two of the following items on each named:
(i) date of birth;
(ii) social security number;
(iii) last known home address;
(iv) last known employer's name and address;
(v) either of the absent parent's parent's name and address.
Failure to provide this information shall result in a finding of
ineligibility of benefits for Aid to Families with Dependent Children
unless the applicant or recipient asserts, and the department verifies, there
is good cause for not providing this information. Good cause includes
documentation of incest, rape, or the existence or the threat of physical
abuse to the child or custodial parent. The department shall provide
assistance as needed to complete the certificate and shall insure that all
applicants or recipients have or promptly apply for and obtain a Social
Security number. No assistance may be granted to Aid to Families for
Dependent Children applicants or recipients until a valid Social Security
number has been provided to the department for each member of the
family for whom aid is sought or when numbers are not available until
there is proof that application for the Social Security number has been
made. The department shall assist the applicant or recipient in obtaining a
Social Security number through procedures adopted in cooperation with
the Social Security Administration or the applicant or recipient may apply
for a Social Security number at the Social Security Administration office.
For purposes of Aid to Families for Dependent Children Foster Care, the
application for the Social Security number must be made by the state or
local department. The certificate of eligibility also shall provide that, as a
condition of eligibility for aid, each applicant or recipient shall:
(1) Assign to the State any rights to support from any other person
the applicant may have in his own behalf or in behalf of any other family
member for whom the applicant is applying for or receiving aid and
which have accrued at the time the assignment is executed or which may
accrue in the future; however, by accepting public assistance for or on
behalf of a child or children, or by making application for services under
Title IV-D or through placement of a child or children in state-funded
foster care or under Title IV-E, except where good cause as determined
by the agency exists, the recipient or applicant is considered to have
made an assignment to the State Department of Social Services of any
rights, title, and interest to any support obligation which is owed for the
child or children or for the absent parent's spouse or former spouse who
is the recipient or the applicant with whom the child is living, if and to
the extent that a spousal support obligation has been established and the
child support obligation is being enforced pursuant to Title IV-D of the
federal Social Security Act. The assignment to the department is
considered to have been made up to the amount of public assistance
money or foster care board payments paid for or on behalf of the child or
children for that period of time as the public assistance monies or foster
care board payments are paid. The assignment consists of all rights and
interest in any support obligation that the recipient may be owed past,
present, or future by any person up to the amount of public assistance
money paid to the recipient for or on behalf of the minor child or
children or a child in foster care. The department is subrogated to the
rights of the child or children or the person having custody of the child
or children to collect and receive all support payments. The department
has the right to initiate a support action in its own name or in the name
of the recipient to recover payments ordered by the courts of this or any
other state or to obtain a court order to initiate these payments including
an action to determine the paternity of a child.
(2) Cooperate with the State in establishing the paternity of a child
born out of wedlock with respect to whom aid is claimed and in
obtaining support payments for the applicant and for a child with respect
to whom the aid is claimed or in obtaining any other payments or
property due the applicant of the child and that, if the relative with whom
a child is living is found to be ineligible because of failure to comply
with the requirements of items (1) and (2), aid for which the child is
eligible must be provided in the form of protective payments. The
department shall establish criteria in accordance with federal regulations
to determine whether action to establish paternity and secure support is
not in the best interest of a child."
Child support arrearages to be reported to consumer credit reporting
agencies
SECTION 5. Article 5, Chapter 5, Title 43 of the 1976 Code is amended
by adding:
"Section 43-5-585. The department shall provide consumer
credit reporting agencies an automated monthly report of obligors in Title
IV-D cases who have not made a payment on their child support
obligation for two consecutive months.
The department shall establish procedures for notice and an
opportunity for a review for obligors who contest the submission to the
consumer credit reporting agency. The procedures shall limit the review
to a dispute concerning the identity of the obligor or the existence or
amount of the arrearage."
Assignment of right to support to include right to reimbursement for
health care expenses
SECTION 6. Section 43-5-590(a)(ii) of the 1976 Code, as last amended
by Act 336 of 1990, is further amended to read:
"(ii) assign to the State the rights to support, including health
care expenses, from any other person the applicant may have in his own
behalf or in behalf of any other family member for whom the applicant is
applying for or receiving aid and which have accrued at the time the
assignment is executed or which may accrue in the future. By accepting
public assistance for or on behalf of a child or children, by making
application for services under Title IV-D, or through placement of a child
or children in state-funded foster care or under Title IV-E, except where
good cause as determined by the agency exists, the recipient or applicant
is considered to have made an assignment to the State Department of
Social Services of rights, title, and interest to a support obligation which
is owed for the child or children or for the absent parent's spouse or
former spouse who is the recipient or the applicant with whom the child
is living, if and to the extent that a spousal support obligation has been
established and the child and the child support obligation is being
enforced pursuant to Title IV-D of the federal Social Security Act. The
assignment to the department is considered to have been made up to the
amount of public assistance money, including Medicaid payments, or
foster care board payments paid for or on behalf of the child or children
for that period of time as the public assistance monies or foster care
board payments are paid. The assignment consists of all rights and
interest in a support obligation that the recipient may be owed past,
present, or future by a person up to the amount of public assistance
money, including Medicaid payments, paid to the recipient for or on
behalf of the minor child or children or a child in foster care. The
department is subrogated to the rights of the child or children or the
person having custody of the child or children to collect and receive all
support payments. The department has the right to initiate a support
action in its own name or in the name of the recipient to recover
payments ordered by the courts of this or any other state or to obtain a
court order to initiate these payments including an action to determine the
paternity of a child. The clerk of court shall execute the necessary order
substituting the department and changing the payee of the support to the
department upon receipt by the clerk of the notice of
assignment."
In-hospital voluntary acknowledgment of paternity program
SECTION 7. Section 44-7-77 of the 1976 Code, as added by Acts 481
and 513 of 1994, is amended to read:
"Section 44-7-77. The Department of Health and Environmental
Control and the State Department of Social Services, in conjunction with
the South Carolina Hospital Association, shall develop and implement a
program to promote obtaining voluntary acknowledgments of paternity as
soon after birth as possible and where possible before the release of the
newborn from the hospital. A voluntary acknowledgment obtained
through an in-hospital program must be signed by both parents and the
signatures must be notarized. As part of its in-hospital voluntary
acknowledgment of paternity program, a birthing hospital as part of the
birth registration process, shall collect, where ascertainable, information
which is or may be necessary for the establishment of the paternity of the
child and for the establishment of child support. The information to be
collected on the father or on the putative father if paternity has not been
established includes, but is not limited to, the name of the father, his date
of birth, home address, social security number, and employer's name, and
additionally for the putative father, the names and addresses of the
putative father's parents."
Department to receive paternity acknowledgment on request at no
charge
SECTION 8. Section 44-63-165 of the 1976 Code, as added by Act 341
of 1988, is amended to read:
"Section 44-63-165. A certificate must be prepared for a child
born out of wedlock in this State to include the name of the father upon
receipt of a sworn acknowledgment of paternity signed by both parents to
include the surname by which the child is to be known. However, if the
reputed father or the mother is deceased, if another man is shown as the
father of the child on the original birth certificate or if the original birth
certificate states that the mother was married, a new certificate may be
prepared only when a determination of paternity is made by the Family
Court pursuant to Section 20-7-952. A paternity acknowledgment must be
provided to the State Department of Social Services from the appropriate
state agency upon request at no charge for the purpose of establishing a
child support obligation and otherwise a paternity acknowledgment is not
subject to inspection except upon order of the Family Court."
Priority for tax set offs revised
SECTION 9. A. Section 12-54-470 of the 1976 Code, as added by Act
474 of 1988, is amended to read:
"Section 12-54-470. Claims to refunds allowed to be set off
under this article must be made by a claimant agency filing a written
notice with the commission of its intention to effect collection through
setoff under this article. The following is the order of priority for
multiple claims filed:
(1) claims of the Department of Revenue and Taxation;
(2) claims of the Division of Child Support Enforcement of the State
Department of Social Services;
(3) other claims of the State Department of Social Services and other
state agencies;
(4) claims of the Internal Revenue Service and claims filed by
institutions of higher learning;
(5) claims of other agencies not given a specific priority.
Priority within a class in which multiple claims are filed is the order
in time in which the claimant agencies filed the written notice with the
commission of the intention to effect collection through setoff under this
article."
B. The amendments to Section 12-54-470 of the 1976 Code, as
contained in this section, apply to refunds for tax years beginning after
1995.
Child support guidelines award creates rebuttable presumption;
change of circumstance in Title IV-D cases; factors allowing deviation
from guidelines
SECTION 10. Section 20-7-852 of the 1976 Code, as added by Act 189
of 1989, is amended to read:
"Section 20-7-852. (A) In any proceeding for the award of child
support, there is a rebuttable presumption that the amount of the award
which would result from the application of the guidelines required under
Section 43-5-580(b) is the correct amount of child support to be awarded.
A different amount may be awarded upon a showing that application of
the guidelines in a particular case would be unjust or inappropriate.
When the court orders a child support award that varies significantly
from the amount resulting from the application of the guidelines, the
court shall make specific, written findings of those facts upon which it
bases its conclusion supporting that award. Findings that rebut the
guidelines must state the amount of support that would have been
required under the guidelines and include a justification of why the order
varies from the guidelines.
(B) Application of these guidelines to an existing child support order,
in and of itself, is not considered a change in circumstances for the
modification of that existing order, except in a Title IV-D case.
(C) The court shall consider the following factors which may be
possible reasons for deviation from the guidelines or may be used in
determining whether a change in circumstances has occurred which
would require a modification of an existing order:
(1) educational expenses for the child or children or the spouse, to
include those incurred for private, parochial, or trade schools, other
secondary schools, or post-secondary education where there is tuition or
related costs;
(2) equitable distribution of property;
(3) consumer debts;
(4) families with more than six children;
(5) unreimbursed extraordinary medical or dental expenses for the
noncustodial or custodial parent;
(6) mandatory deduction of retirement pensions and union fees;
(7) support obligations for other dependents living with the
noncustodial parent or noncourt ordered child support from another
relationship;
(8) child-related unreimbursed extraordinary medical expenses;
(9) monthly fixed payments imposed by a court or operation of
law;
(10) significant available income of the child or children;
(11) substantial disparity of income in which the noncustodial
parent's income is significantly less than the custodial parent's income,
thus making it financially impracticable to pay what the guidelines
indicate the noncustodial parent should pay;
(12) alimony. Because of their unique nature, lump sum,
rehabilitative, reimbursement, or any other alimony that the court may
award, may be considered by the court as a possible reason for deviation
from these guidelines;
(13) agreements reached between parties. The court may deviate
from the guidelines based on an agreement between the parties if both
parties are represented by counsel or if, upon a thorough examination of
any party not represented by counsel, the court determines the party fully
understands the agreement as to child support. The court still has the
discretion and the independent duty to determine if the amount is
reasonable and in the best interest of the child or children.
(D) Pursuant to Section 43-5-580(b), the department shall promulgate
regulations which establish child support guidelines as a rebuttable
presumption. The department shall review these regulations at least once
every four years to ensure that their application results in appropriate
child support award amounts."
Employer New Hire Reporting program
SECTION 11. Section 20-7-1315 of the 1976 Code, as last amended by
Act 510 of 1994, is further amended by adding at the end:
"(L) By January 1, 1996, the Child Support Enforcement
Division of the Department of Social Services shall create and develop an
Employer New Hire Reporting program. The Employer New Hire
Reporting program shall provide a means for employers to voluntarily
assist in the state's efforts to locate absent parents who owe child support
and collect child support from those parents by reporting information
concerning newly hired and rehired employees directly to the division.
The following provisions apply to the Employer New Hire Reporting
program:
(1) An employer doing business in this State may participate in the
Employer New Hire Reporting program by reporting to the Child
Support Enforcement Division:
(a) the hiring of a person who resides or works in this State to
whom the employer anticipates paying earnings; or
(b) the rehiring or return to work of an employee who was laid
off, furloughed, separated, granted leave without pay, or terminated from
employment.
(2) The Employer New Hire Reporting program applies to a person
who is expected to:
(a) be employed for more than one month's duration;
(b) be paid for more than three hundred fifty hours during a
continuous six-month period; or
(c) have gross earnings of more than three hundred dollars in each
month of employment.
(3) An employer who voluntarily reports under item (1) shall submit
monthly reports regarding each hiring, rehiring, or return to work of an
employee during the preceding month. The report must contain:
(a) the employee's name, address, social security number, date of
birth, and salary information; and
(b) the employer's name, address, and employer identification
number.
(4) Employers reporting to the Employer New Hire Reporting
program shall provide information to the Child Support Enforcement
Division by:
(a) sending a copy of the new employee's W-4 form;
(b) completing a form supplied by the Child Support Enforcement
Division; or
(c) any other means authorized by the Child Support Enforcement
Division for conveying the required information, including electronic
transmission or magnetic tapes in compatible formats.
(5) An employer is authorized by this section to disclose the
information described in item (3) and is not liable to the employee for
the disclosure or subsequent use by the Child Support Enforcement
Division of the information.
(6) For each employee reported under the Employer New Hire
Reporting program, the Child Support Enforcement Division shall retain
the information only if the division is responsible for establishing,
enforcing, or collecting a support obligation of the employee. If the
division is not responsible for establishing, enforcing, or collecting a
support obligation of the employee, the division must not create a record
regarding the employee and the information provided by the employer
must be destroyed promptly.
Information received by the South Carolina Employment Security
Commission received from employers which includes information
contained in the reports provided for in this section shall transmit this
information to the Department of Social Services within fifteen working
days after the end of each quarter."
Part VII
Administrative Reforms
Simplification of application forms
SECTION 1. The Department of Social Services, with existing resources
and personnel, shall develop simplified AFDC, Medicaid, and food stamp
application forms and instructions which are understandable. If
necessary, for compliance with federal regulations, the department shall
apply to the federal government for waivers.
Review of federal and state procurement and purchasing regulations
as they affect services to welfare recipients
SECTION 2. The Department of Social Services and the Department of
Health and Human Services Finance Commission shall review and, to the
extent possible, ensure that federal and state procurement and purchasing
regulations do not unnecessarily delay services to AFDC clients and child
care and transportation providers to AFDC clients.
Electronic data interchange standards
SECTION 3. As applicable, all state agencies shall adopt Electronic Data
Interchange Standards as set forth by the Budget and Control Board,
Office of Research and Statistics Information Resource Planning and
Management so that exchanges and sharing of information concerning
AFDC clients and revenue sources are freely available. However, in the
exchange and sharing of information all requirements for confidentiality
of information must be maintained. For the next two years these state
agencies shall report to the Budget and Control Board, Division of
Information Resource Technology before January first on the agency's
progress and compliance with this section and its utilization of the system
created as a result of this action.
Adult education initiatives
SECTION 4. The Department of Social Services in conjunction with the
Department of Education shall:
(1) ensure that existing continuing education and adult education
programs are designed to advance AFDC clients in attaining
self-sufficiency and that the location, scheduling, and other mechanics of
these programs are structured so as to maximize access by AFDC
clients;
(2) endorse and promote school-to-work transition programs to link
at-risk secondary school students to the workplace and to appropriate
work related post-secondary education.
Technical education partnership initiatives
SECTION 5. (A) The Department of Social Services in conjunction with
the State Board for Technical and Comprehensive Education shall:
(1) work closely with businesses and industries in South Carolina to
design curriculums to produce students with skills needed by these
businesses and industries;
(2) develop specially designed curriculums that target and train
AFDC clients in keeping with the clients' identified aptitudes, interests,
and abilities for occupations identified by the Employment Security
Commission as the top growth occupations of the future.
(B) For the next three years the Department of Social Services and the
State Board for Technical Education shall report before January first to
the Governor and the General Assembly on the projects completed under
this section, the number of AFDC families served, and shall evaluate
their effectiveness in assisting AFDC families in becoming
self-sufficient.
Regional Department of Social Services directors
SECTION 6. Section 43-3-40 of the 1976 Code, as last amended by Act
181 of 1993, is further amended to read:
"Section 43-3-40. (A) The director shall select a director for
each county department, referred to in Chapters 1, 3, 5, 7, 9, 19, and 23
as the county director, to discharge the duties of such office and may
select regional directors to oversee the county directors. The salaries of
county directors and any regional directors shall be fixed by the director.
In fixing these salaries the director shall consider the individual
qualifications of the respective directors and the possibilities of their
individual positions. The county director shall be the chief executive
officer of the county department and shall perform duties as are directed
by the director, regional director, or as directed by law.
(B) Regional and county directors serve at the pleasure of the Director
of the State Department of Social Services."
Part VIII
Department to Apply for Waivers
Federal waivers
SECTION 1. The State Department of Social Services shall apply for
waivers to implement the following provisions in this act:
(1) Part III, Sections 6, 11, 12, and 13;
(2) Part IV, Sections 1, 3, 4, 5, and 6;
(3) Part V, Sections 1, 2, 3, 5, 6, 7, and 8;
(4) Part VI, Section 4.
Part IX
Evaluation and Reports
Evaluation and reports
SECTION 1. On or about August 31, 1996, and every two years
thereafter the Legislative Audit Council shall evaluate and report to the
General Assembly on the success and effectiveness of the policies and
programs created in this act. In conducting this evaluation the council
shall identify the number of AFDC families and individuals no longer
receiving welfare, the number of individuals who have completed
educational, employment, or training programs under this act, the number
of individuals who have become employed and the duration of their
employment, and other data and information the council considers
appropriate in reporting to the General Assembly on the effectiveness of
this act.
Part X
Severability, Designation of Code Sections,
and Time Effective
Severability
SECTION 1. If any provision of this act or the application of a
provision of this act to a person or circumstance is held invalid, that
invalidity does not affect other provisions or applications of this act
which can be given effect without the invalid provision of application,
and to this end the provisions of this act are severable.
Code sections titled
SECTION 2. Sections 20-70-840 through 20-7-938 of the 1976 Code are
designated as Part I, Subarticle 3, Article 9, Chapter 7, Title 20 and
named "Child Support Proceedings and Enforcement".
Definitions temporarily modified in connection with enforcement of
child support through license revocation
SECTION 3. Notwithstanding the definition of "compliance with
an order for support", as contained in Section 20-7-941 of the 1976
Code, as added by Part VI, Section 2 of this act:
(1) From January 1, 1996, to June 30, 1996, "compliance with
an order for support" means that pursuant to an order for support
the person required to pay under the order is in arrears no more than an
amount equal to six months' support obligation.
(2) From July 1, 1996, to December 31, 1996, "compliance
with an order for support" means that pursuant to an order for
support the person required to pay under the order is in arrears no more
than an amount equal to four months' support obligation.
Time effective
SECTION 4. This act takes effect upon approval by the Governor except
that Part III, Sections 6, 11, 12, and 13; Part IV, Sections 1, 3, 4, 5, and
6; Part V, Sections 1, 2, 3, 5, 6, 7, and 8; and Part VI, Section 4 take
effect ninety days after receipt of approval of a federal waiver
authorizing the department to implement these provisions or ninety days
after federal law permits implementation. Part VI, Section 5 takes effect
January 1, 1996.
Approved the 12th day of June, 1995. |