S 1051 Session 111 (1995-1996)
S 1051 General Bill, By Bryan and Giese
A Bill to amend Chapter 7 of Title 20, Code of Laws of South Carolina, 1976,
by adding Section 20-7-345 so as to provide that a parent may be subject to
criminal penalty or imprisonment for improper supervision of a minor charged
with a criminal act when such neglect is a proximate cause of the further
delinquency of the minor; and to amend Section 20-7-400 so as to provide the
family court with exclusive jurisdiction over the parents in matters arising
out of Section 20-7-345.
01/23/96 Senate Introduced and read first time SJ-9
01/23/96 Senate Referred to Committee on Judiciary SJ-9
04/11/96 Senate Committee report: Favorable with amendment
Judiciary SJ-5
04/16/96 Senate Amended SJ-31
04/16/96 Senate Read second time SJ-31
04/23/96 Senate Read third time and sent to House SJ-36
04/24/96 House Introduced and read first time HJ-10
04/24/96 House Referred to Committee on Judiciary HJ-10
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 16, 1996
S. 1051
Introduced by SENATORS Bryan and Giese
S. Printed 4/16/96--S.
Read the first time January 23, 1996.
A BILL
TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-345 SO
AS TO PROVIDE THAT A PARENT MAY BE SUBJECT TO
CRIMINAL PENALTY OR IMPRISONMENT FOR IMPROPER
SUPERVISION OF A MINOR CHARGED WITH A CRIMINAL
ACT WHEN SUCH NEGLECT IS A PROXIMATE CAUSE OF
THE FURTHER DELINQUENCY OF THE MINOR; AND TO
AMEND SECTION 20-7-400 SO AS TO PROVIDE THE
FAMILY COURT WITH EXCLUSIVE JURISDICTION OVER
THE PARENTS IN MATTERS ARISING OUT OF SECTION
20-7-345.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 7 of Title 20 of the 1976 Code is
amended by adding:
"Section 20-7-345. (A) Whenever a child, as defined in
Section 20-7-390, is charged with a status offense or the violation
of any state or local law or municipal ordinance, a parent of the
child must be immediately notified. The parent must also be made
a party to the criminal action involving the child and is required to
appear with the child at any judicial proceeding in family court.
(B) For purposes of this section, a `parent' includes a custodial
biological parent or parents, a custodial adoptive parent or parents,
a custodial step-parent or step-parents, legal guardian, or any other
person having permanent, legal custody of a child. If a child has
more than one custodial biological parent, or more than one
custodial adoptive parent, or more than one custodial step-parent,
then both parents must be immediately notified when the child has
been charged with a crime or status offense, made a party to the
criminal action involving the child, and made to appear with the
child at any judicial proceeding in family court. A `parent' does
not include a foster parent.
(C) A violation by a parent of the provisions of this section or
of the provisions of a court order issued by a family court judge
during a juvenile proceeding may constitute contempt and is
punishable by imprisonment not to exceed six months or a fine not
to exceed one thousand dollars, or both."
SECTION 2. Section 20-7-400 of the 1976 Code is amended to
read:
"Section 20-7-400. (A) Except as otherwise provided
herein, the court shall have has exclusive original
jurisdiction and shall be is the sole court for
initiating action:
(1) Concerning concerning any child living or
found within the geographical limits of its jurisdiction:
(a) Who who is neglected as to proper or
necessary support or education as required by law, or as to medical,
psychiatric, psychological or other care necessary to his well-being,
or who is abandoned by his parent or other custodian;
(b) Whose whose occupation, behavior,
condition, environment, or associations are such as to injure
or endanger his welfare or that of others;
(c) Who who is beyond the control of his
parent or other custodian;
(d) Who who is alleged to have violated or
attempted to violate any state or local law or municipal ordinance,
regardless of where the violation occurred except as provided in
Section 20-7-410, including jurisdiction over the parent of a
child pursuant to Section 20-7-345;
(e) Whose whose custody is the subject of
controversy, except in those cases where the law now gives other
courts concurrent jurisdiction. In the consideration of these cases,
the court shall have concurrent jurisdiction to hear and determine
the issue of custody and support. ;
(2) For for the treatment or commitment to
any mental institution of a mentally defective or mentally
disordered or emotionally disturbed child. Provided, that nothing
herein is intended to conflict with the authority of probate courts in
dealing with mental cases. ;
(3) Concerning concerning any child
seventeen years of age or over, living or found within the
geographical limits of the court's jurisdiction, alleged to have
violated or attempted to violate any State state or
local law or municipal ordinance prior to having become seventeen
years of age and such person shall be dealt with under the
provisions of this chapter relating to children. ;
(4) For for the detention of a juvenile in a
juvenile detention facility who is charged with committing a
criminal offense when detention in a secure facility is found to be
necessary pursuant to the standards set forth in Section 20-7-600
and when the facility exists in, or is otherwise available to, the
county in which the crime occurred.
(B) Whenever the court has acquired the jurisdiction of any
child under seventeen years of age, jurisdiction continues so long
as, in the judgment of the court, it may be necessary to retain
jurisdiction for the correction or education of the child, but
jurisdiction shall terminate when the child attains the age of
twenty-one years. Any child who has been adjudicated delinquent
and placed on probation by the court remains under the authority of
the court only until the expiration of the specified term of his
probation. This specified term of probation may expire before but
not after the eighteenth birthday of the child."
SECTION 3. This act takes effect upon approval by the
Governor.
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