H*3548(Rat #0095, Act #0062 of 2015)  General Bill, By J.E. Smith, Yow and 
Weeks

Similar(S 363)
 AN ACT TO AMEND SECTION 63-7-320, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO NOTIFICATION AND TRANSFER OF REPORTS OF CHILD ABUSE OR NEGLECT, SO
 AS TO PROVIDE THAT IF THE ALLEGED ABUSED OR NEGLECTED CHILD IS A MEMBER OF AN
 ACTIVE DUTY MILITARY FAMILY, THE COUNTY DEPARTMENT OF SOCIAL SERVICES SHALL
 NOTIFY CERTAIN DESIGNATED MILITARY OFFICIALS AT THE INSTALLATION WHERE THE
 ACTIVE DUTY SERVICE MEMBER, WHO IS THE SPONSOR OF THE ALLEGED ABUSED OR
 NEGLECTED CHILD, IS ASSIGNED; TO AMEND SECTION 63-7-920, RELATING TO
 INVESTIGATIONS AND CASE DETERMINATIONS OF THE DEPARTMENT OF SOCIAL SERVICES,
 SO AS TO PROVIDE THAT THE DEPARTMENT OR LAW ENFORCEMENT, OR BOTH, MAY COLLECT
 INFORMATION CONCERNING THE MILITARY AFFILIATION OF THE PERSON HAVING CUSTODY
 OR CONTROL OF THE CHILD SUBJECT TO AN INVESTIGATION AND MAY SHARE THIS
 INFORMATION WITH THE APPROPRIATE MILITARY AUTHORITIES; TO AMEND SECTION
 63-7-1990, AS AMENDED, RELATING TO CONFIDENTIALITY AND RELEASE OF RECORDS AND
 INFORMATION, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO AUTHORIZE THE
 DEPARTMENT OF SOCIAL SERVICES TO GRANT ACCESS TO THE RECORDS OF AN INDICATED
 CASE TO CERTAIN DESIGNATED MILITARY OFFICIALS AT THE INSTALLATION WHERE THE
 ACTIVE DUTY SERVICE MEMBER, WHO IS THE SPONSOR OF THE ALLEGED ABUSED OR
 NEGLECTED CHILD, IS ASSIGNED; AND TO AMEND SECTION 63-11-80, RELATING TO
 CONFIDENTIAL INFORMATION WITHIN CHILD WELFARE AGENCIES, SO AS TO PROVIDE THAT
 AN OFFICER, AGENT OR EMPLOYEE OF THE DEPARTMENT OR A CHILD WELFARE AGENCY
 SHALL NOT DISCLOSE, DIRECTLY OR INDIRECTLY, INFORMATION LEARNED ABOUT A CHILD,
 THE CHILD'S PARENTS OR RELATIVES, OR OTHER PERSONS HAVING CUSTODY OR CONTROL
 OF THE CHILD, EXCEPT IN CASES INVOLVING A CHILD IN THE CUSTODY OR CONTROL OF
 PERSONS WHO HAVE MILITARY AFFILIATION. - ratified title

   02/10/15  House  Introduced and read first time (House Journal-page 10)
   02/10/15  House  Referred to Committee on Judiciary
                     (House Journal-page 10)
   03/05/15  House  Member(s) request name added as sponsor: Yow
   04/22/15  House  Member(s) request name added as sponsor: Weeks
   04/22/15  House  Committee report: Favorable Judiciary
                     (House Journal-page 11)
   04/28/15  House  Read second time (House Journal-page 59)
   04/28/15  House  Roll call Yeas-105  Nays-0 (House Journal-page 60)
   04/29/15  House  Read third time and sent to Senate
                     (House Journal-page 12)
   04/29/15  Senate Introduced and read first time (Senate Journal-page 11)
   04/29/15  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 11)
   05/01/15  Senate Referred to Subcommittee: Coleman (ch), Shealy, Turner
   05/27/15  Senate Polled out of committee Judiciary
                     (Senate Journal-page 35)
   05/27/15  Senate Committee report: Favorable Judiciary
                     (Senate Journal-page 35)
   06/02/15  Senate Read second time (Senate Journal-page 40)
   06/02/15  Senate Roll call Ayes-42  Nays-0 (Senate Journal-page 40)
   06/03/15  Senate Read third time and enrolled (Senate Journal-page 18)
   06/03/15         Ratified R 95
   06/04/15         Signed By Governor
   06/11/15         Effective date 06/04/15
   06/12/15         Act No. 62

H. 3548

(A62, R95, H3548)

AN ACT TO AMEND SECTION 63-7-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTIFICATION AND TRANSFER OF REPORTS OF CHILD ABUSE OR NEGLECT, SO AS TO PROVIDE THAT IF THE ALLEGED ABUSED OR NEGLECTED CHILD IS A MEMBER OF AN ACTIVE DUTY MILITARY FAMILY, THE COUNTY DEPARTMENT OF SOCIAL SERVICES SHALL NOTIFY CERTAIN DESIGNATED MILITARY OFFICIALS AT THE INSTALLATION WHERE THE ACTIVE DUTY SERVICE MEMBER, WHO IS THE SPONSOR OF THE ALLEGED ABUSED OR NEGLECTED CHILD, IS ASSIGNED; TO AMEND SECTION 63-7-920, RELATING TO INVESTIGATIONS AND CASE DETERMINATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO PROVIDE THAT THE DEPARTMENT OR LAW ENFORCEMENT, OR BOTH, MAY COLLECT INFORMATION CONCERNING THE MILITARY AFFILIATION OF THE PERSON HAVING CUSTODY OR CONTROL OF THE CHILD SUBJECT TO AN INVESTIGATION AND MAY SHARE THIS INFORMATION WITH THE APPROPRIATE MILITARY AUTHORITIES; TO AMEND SECTION 63-7-1990, AS AMENDED, RELATING TO CONFIDENTIALITY AND RELEASE OF RECORDS AND INFORMATION, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO GRANT ACCESS TO THE RECORDS OF AN INDICATED CASE TO CERTAIN DESIGNATED MILITARY OFFICIALS AT THE INSTALLATION WHERE THE ACTIVE DUTY SERVICE MEMBER, WHO IS THE SPONSOR OF THE ALLEGED ABUSED OR NEGLECTED CHILD, IS ASSIGNED; AND TO AMEND SECTION 63-11-80, RELATING TO CONFIDENTIAL INFORMATION WITHIN CHILD WELFARE AGENCIES, SO AS TO PROVIDE THAT AN OFFICER, AGENT OR EMPLOYEE OF THE DEPARTMENT OR A CHILD WELFARE AGENCY SHALL NOT DISCLOSE, DIRECTLY OR INDIRECTLY, INFORMATION LEARNED ABOUT A CHILD, THE CHILD'S PARENTS OR RELATIVES, OR OTHER PERSONS HAVING CUSTODY OR CONTROL OF THE CHILD, EXCEPT IN CASES INVOLVING A CHILD IN THE CUSTODY OR CONTROL OF PERSONS WHO HAVE MILITARY AFFILIATION.

Be it enacted by the General Assembly of the State of South Carolina:

County Department of Social Services to notify designated military officials when an alleged abused or neglected child is an active duty military family member

SECTION    1.    Section 63-7-320 of the 1976 Code is amended by adding subsection (C) at the end to read:

"(C)    In the event the alleged abused or neglected child is a member of an active duty military family, concurrent with the transfer of the report, the county department of social services shall notify the designated authorities at the military installation where the active duty military sponsor is assigned, pursuant to the memorandum of understanding or agreement with the military installation's command authority."

County Department of Social Services or law enforcement may collect and share information concerning military affiliation of person having custody of a child who is the subject of an investigation

SECTION    2.    Section 63-7-920 of the 1976 Code is amended by adding subsection (F) at the end to read:

"(F)    The department or law enforcement, or both, may collect information concerning the military affiliation of the person having custody or control of the child subject to an investigation and may share this information with the appropriate military authorities pursuant to Section 63-11-80."

Department of Social Services may grant access to certain records with designated military officials at the installation where the sponsor of an alleged abused or neglected child is assigned

SECTION    3.    Section 63-7-1990(B)(23) of the 1976 Code is amended to read:

"(23)    the Division of Guardian ad Litem, Office of the Governor, for purposes of certifying that no potential employee or volunteer is the subject of an indicated report or an affirmative determination; and

(24)    the designated authorities at the military installation where the active duty service member, who is the sponsor of the alleged abused or neglected child, is assigned. The authorities are designated in the memorandum of understanding or agreement between county protective services and the military installation's command authority."

Prohibition against certain disclosures of information, exception

SECTION    4.    Section 63-11-80 of the 1976 Code is amended to read:

"Section 63-11-80.    An officer, agent or employee of the department or a child welfare agency shall not disclose, directly or indirectly, information learned about a child, the child's parents or relatives, or other persons having custody or control of the child, except in cases involving a child in the custody or control of persons who have military affiliation."

Time effective

SECTION    5.    This act takes effect upon approval by the Governor.

Ratified the 3rd day of June, 2015.

Approved the 4th day of June, 2015.