South Carolina General Assembly
105th Session, 1983-1984

Bill 2718

                    Current Status

Bill Number:               2718
Ratification Number:       316
Act Number:                298
Introducing Body:          House
Subject:                   Relating to the interstate compact on
                           juveniles
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A298, R316, H2718)

AN ACT TO AMEND SECTION 20-7-2080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTERSTATE COMPACT ON JUVENILES, BY ADDING SUBSECTION 15 TO THE COMPACT SO AS TO PROVIDE THAT ANY JUVENILE, CHARGED WITH BEING A DELINQUENT BY REASON OF VIOLATING ANY CRIMINAL LAW, MUST BE RETURNED TO THE REQUESTING STATE UPON A REQUISITION TO THE STATE WHERE THE JUVENILE MAY BE FOUND, AND BY ADDING SUBSECTION 16 TO THE COMPACT SO AS TO PROVIDE PROCEDURES FOR THE RETURN OF CHILDREN TO THEIR HOME STATE.

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

Interstate Compact on Juveniles; return to requesting state

SECTION 1. Section 20-7-2080 of the 1976 Code, as added by Act 71 of 1981, is amended by adding:

"Subsection 15. This subsection provides remedies, and is binding only among those party states which specifically execute this subarticle.

All provisions and procedures of subsections 5 and 6 of the Interstate Compact on Juveniles shall be construed to apply to any juvenile charged with being a delinquent by reason of a violation of any criminal law. Any juvenile, charged with being a delinquent by reason of violating any criminal law, must be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition in this case must be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the State before or after the filing of the petition. The requisition described in subsection 5 of the Interstate Compact on Juveniles must be forwarded by the judge of the court in which the petition has been filed.

Subsection 16. This subsection provides additional remedies, and is binding only among those party states which specifically execute this subarticle.

For purposes of this subsection, 'child' means any minor within the jurisdictional age limits of any court in the home state.

When any child is brought before a court of a state of which the child is not a resident, and the state is willing to permit the child's return to the child's home state, the home state, upon being so advised by the state in which the proceeding is pending, must immediately institute proceedings to determine the residence and jurisdictional facts as to the child in the home state. Upon finding that the child is in fact a resident of the home state and subject to the jurisdiction of the court of the home state, the home state must within five days authorize the return of the child to the home state, and to the parent or custodial agency legally authorized to accept custody in the home state. The home state must pay the expenses for the return of the child."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.