H*4836 Session 110 (1993-1994)
H*4836(Rat #0612, Act #0513) General Bill, By J.T. McElveen, Boan, Cobb-Hunter,
J.L.M. Cromer, Govan, J.H. Hodges, H.G. Hutson, Inabinett, J.G. Mattos,
J.H. Neal, J.S. Shissias, D.C. Waldrop, C.C. Wells and S.S. Wofford
A Bill to enact the Omnibus Child Support Enforcement Act of 1994 by amending
the Code of Laws of South Carolina, 1976; to amend Section 20-7-955, relating
to settlements and voluntary agreements in paternity and child support cases
so as to require the court to approve these agreements upon a finding of
fairness and to require that a summons and complaint be filed with these
agreements, and to revise the requirements for a settlement affidavit when the
child is the recipient of public assistance; to amend Section 20-7-956,
relating to admissible evidence at a paternity hearing, so as to include
voluntary acknowledgments of paternity, foreign paternity determinations,
paternity indicated on birth certificates and to create certain presumptions
and rebuttable presumptions with regard to this evidence; to Section 43-5-220,
as amended, relating to obtaining support payments from absent parents, so as
to provide that past due support owed that is subject to collection and setoff
by the Department of Revenue and Taxation includes health care expenses; to
add Section 44-7-77 so as to require the Department of Health and
Environmental Control and the Department of Social Services to develop a
program promoting obtaining in-hospital paternity acknowledgments; and to add
Section 44-63-75, so as to require social security numbers on birth
certificate forms.-amended title
03/01/94 House Introduced and read first time HJ-13
03/01/94 House Referred to Committee on Judiciary HJ-15
03/30/94 House Committee report: Favorable with amendment
Judiciary HJ-25
04/12/94 House Debate interrupted HJ-351
04/13/94 House Amended HJ-28
04/13/94 House Read second time HJ-29
04/14/94 House Read third time and sent to Senate HJ-24
04/19/94 Senate Introduced and read first time SJ-8
04/19/94 Senate Referred to Committee on General SJ-8
05/25/94 Senate Committee report: without recommendation General SJ-11
05/31/94 Senate Read second time SJ-32
05/31/94 Senate Ordered to third reading with notice of
amendments SJ-32
06/01/94 Senate Amended SJ-115
06/01/94 Senate Read third time and returned to House with
amendments SJ-115
06/02/94 House Concurred in Senate amendment and enrolled HJ-11
06/02/94 Ratified R 612
08/31/94 Signed By Governor
08/31/94 Effective date 07/01/94
09/13/94 Copies available
(A513, R612, H4836)
AN ACT TO ENACT THE OMNIBUS CHILD SUPPORT
ENFORCEMENT ACT OF 1994 BY AMENDING THE CODE OF
LAWS OF SOUTH CAROLINA, 1976; TO AMEND
SECTION 20-7-955, RELATING TO SETTLEMENTS AND
VOLUNTARY AGREEMENTS IN PATERNITY AND CHILD
SUPPORT CASES, SO AS TO REQUIRE THE COURT TO APPROVE
THESE AGREEMENTS UPON A FINDING OF FAIRNESS, TO
REQUIRE THAT A SUMMONS AND COMPLAINT BE FILED WITH
THESE AGREEMENTS, AND TO REVISE THE REQUIREMENTS FOR
A SETTLEMENT AFFIDAVIT WHEN THE CHILD IS THE RECIPIENT
OF PUBLIC ASSISTANCE; TO AMEND SECTION 20-7-956,
RELATING TO ADMISSIBLE EVIDENCE AT A PATERNITY
HEARING, SO AS TO INCLUDE VOLUNTARY
ACKNOWLEDGMENTS OF PATERNITY, FOREIGN PATERNITY
DETERMINATIONS, PATERNITY INDICATED ON BIRTH
CERTIFICATES, AND TO CREATE CERTAIN PRESUMPTIONS AND
REBUTTABLE PRESUMPTIONS WITH REGARD TO THIS
EVIDENCE; TO AMEND SECTION 43-5-220, AS AMENDED,
RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT
PARENTS, SO AS TO PROVIDE THAT PAST DUE SUPPORT OWED
THAT IS SUBJECT TO COLLECTION AND SETOFF BY THE
DEPARTMENT OF REVENUE AND TAXATION INCLUDES HEALTH
CARE EXPENSES; TO ADD SECTION 44-7-77 SO AS TO REQUIRE
THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL
CONTROL AND THE DEPARTMENT OF SOCIAL SERVICES TO
DEVELOP A PROGRAM PROMOTING OBTAINING IN-HOSPITAL
PATERNITY ACKNOWLEDGMENTS; AND TO ADD SECTION
44-63-75, SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON
BIRTH CERTIFICATE FORMS.
Whereas, welfare is not a choice for most recipients. Most want to work
and improve the lives of their families which is made evident by the fact
that the average Aid to Families with Dependent Children recipient is on
the public assistance system less than two years; and
Whereas, acknowledgment of paternity and payment of child support are
basic parental responsibilities and improvement of child support collections
is one of the most efficient strategies for preventing the need for public
assistance for some families and for providing others the means to get off
the welfare system. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Voluntary agreements and settlements in child support and paternity
actions
SECTION 1. Section 20-7-955 of the 1976 Code is amended to read: "Section 20-7-955. (A) The court must encourage settlements
and voluntary agreements and must examine and approve them whenever
they are warranted. Upon a finding of fairness the court shall approve,
without a hearing, settlements and voluntary agreements which are reduced
to writing, signed by the parties, and properly verified. The agreement
must be accompanied by financial declarations and affidavits from the
custodial and noncustodial parents stating that they have read, or have had
read to them, and understand the agreement and that they have voluntarily
executed the agreement or consent order. The parties may submit
themselves to the jurisdiction of the court by a settlement or voluntary
agreement which must be filed with the summons and complaint. A
defendant's affidavit must state that the defendant is capable of fulfilling
any financial requirements of the agreement or consent order applicable to
the defendant. Upon the court's approval, the settlement or voluntary
agreement becomes an order of the court.
(B) In actions commenced by the Department of Social Services or any
other authorized agency, an employee of the department or the agency who
is familiar with the action may make, on behalf of the custodial parent, the
required affidavit accompanying a settlement, voluntary agreement, or
consent order. In cases where the child is the recipient of public assistance,
the affidavit must state that the employee has reviewed the case and that the
child involved is receiving public assistance due in part to inadequate
support from the noncustodial parent."
Admissibility of evidence at paternity hearings; paternity presumptions
created
SECTION 2. Section 20-7-956 of the 1976 Code is amended to read:
"Section 20-7-956. (A) The following evidence is admissible at a
hearing to determine paternity:
(1) Results of genetic tests as described in Section 20-7-954 from
physicians, agencies, hospitals, laboratories, or other qualified testing
facilities, properly verified to show the chain of custody of blood samples.
This evidence, must be introduced and admitted without the foundation
testimony or other proof of authenticity or accuracy unless a challenge has
been asserted by motion at least twenty days before the date of trial. Any
party to the action, absent stipulations to the contrary, may demand the
right to have additional testing conducted at the expense of the party who
demands the additional testing.
(2) The refusal of a party to submit to a genetic or other ordered test
as to the credibility of a party.
(3) Test results which show a statistical probability of paternity. A
statistical probability of paternity of ninety-five percent or higher creates a
rebuttable presumption of the putative father's paternity.
(4) A verified voluntary acknowledgement of paternity. This
acknowledgment creates a rebuttable presumption of the putative father's
paternity.
(5) A foreign paternity determination whether established through
administrative or judicial process. This determination creates a conclusive
presumption of paternity.
(6) A birth certificate containing the signature of the mother and the
putative father. This evidence creates a rebuttable presumption of
paternity.
(7) An expert's opinion concerning the time of conception. This
evidence is admissible in the same manner as other expert testimony. The
court may take judicial notice of the normal period of gestation.
(8) The testimony of a husband and wife as to any relevant matter,
including marriage and parentage.
(9) Any other relevant and competent evidence deemed admissible in
the discretion of the court.
(B) Upon the motion of any party to the action or upon its own motion,
the court may view a child for the purpose of examining the presence or the
absence of physical characteristics and similarities between the child and
the putative father.
(C) If a male witness offers testimony indicating that his act of
intercourse with the natural mother may have resulted in the conception of
the child, the court may require the witness to submit to genetic or other
tests to determine whether he is the child's father. If the results of the tests
exclude or tend to exclude the witness as the father of the child, the
witness's testimony must be stricken from the record and
disregarded."
Past due support includes health care expenses owed and are
collectible
SECTION 3. Section 43-5-220(i) of the 1976 Code, as last amended by
Act 181 of 1993, Section 1012, is further amended to read:
"(i) The department may submit to the Department of Revenue
and Taxation for collection and setoff any debt for past-due support,
including health care expenses, owed to the department or owed to an
individual not otherwise eligible for collection services who has made
application to the department. The debt for past-due support must be at
least sixty days in arrears and is in excess of twenty-five dollars as provided
in Section 12-7-2240. At the time of the submission, the department shall
notify the debtor that his state tax refund will be subject to a debt for
past-due support. The notice shall set forth the name of the debtor, the
amount of the claimed debt, the intention to set off the refund against the
debt, the taxpayer's opportunity to give written notice to contest the setoff
within thirty days of the date of mailing of the notice, the appropriate office
of the department to which the application for a hearing must be sent, and
the fact that failure to apply for a hearing in writing within the thirty-day
period will be considered a waiver of the opportunity to contest the setoff.
If the debtor makes written application to contest the setoff within thirty
days of notification, the department shall provide an opportunity for a
hearing and is responsible for refunding any monies wrongfully collected.
If no application is made, the debtor's refund must be used to set off the
amount owed. From the amount transferred from the Department of
Revenue and Taxation, the department shall reimburse the Department of
Revenue and Taxation for expenses incurred in administering this program.
In the case of an individual not otherwise eligible for collection services, a
fee must be imposed by the department to cover all costs. The department
shall request that the Department of Revenue and Taxation send to the
department notice of the home address, corrected social security number, or
additional social security numbers, if more than one is used, of any
taxpayer whose name is submitted to the Department of Revenue and
Taxation under this subsection."
Program to promote in-hospital paternity acknowledgments
SECTION 4. The 1976 Code is amended by adding:
"Section 44-7-77. The Department of Health and Environmental
Control, and the Department of Social Services, in conjunction with the
South Carolina Hospital Association, shall develop and implement a
program to promote obtaining the voluntary acknowledgments of paternity
before a newborn is released from the hospital."
Social Security numbers must be on birth certificate forms
SECTION 5. The 1976 Code is amended by adding:
"Section 44-63-75. Social Security numbers must be included in
the forms prescribed by the state registrar for birth certificates."
Time effective
SECTION 6. This act takes effect July 1, 1994.
Approved the 31st day of August, 1994. |