Current Status Introducing Body:House Bill Number:3449 Primary Sponsor:Inabinett Committee Number:25 Type of Legislation:GB Subject:Paternity to be established Residing Body:House Current Committee:Judiciary Computer Document Number:436/12939AC.93 Introduced Date:19930210 Last History Body:House Last History Date:19930210 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Inabinett McLeod Harrelson Rogers R. Smith Hutson Canty McMahand Cobb-Hunter Beatty Govan Law Holt Gamble Waites McCraw Mattos Shissias Hines Harrell Robinson Quinn Breeland Rhoad Harrison Corning Neilson Graham A. Young Meacham Barber Vaughn Baxley Harvin Thomas M.O. Alexander Davenport Walker J. Wilder Richardson Haskins Klauber McElveen Stone Moody-Lawrence Kirsh Littlejohn Allison Wells Cromer Wofford Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3449 House 19930210 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-958 SO AS TO REQUIRE A PREGNANT WOMAN TO NAME THE PUTATIVE FATHER OF HER CHILD AS A CONDITION OF ELIGIBILITY FOR MEDICAID, OTHER HEALTH SERVICES, OR OTHER GOVERNMENT OR PUBLIC ASSISTANCE; TO REQUIRE THIS INFORMATION TO BE REPORTED TO THE STATE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING PATERNITY; TO REQUIRE THE FATHER TO PAY A PROPORTIONATE SHARE OF THE MOTHER'S HEALTH CARE COSTS ASSOCIATED WITH THE PREGNANCY; TO REQUIRE THE PARENTS OF THE PUTATIVE FATHER TO BE MADE PARTIES TO THE ACTION IF THE PUTATIVE FATHER IS UNDER EIGHTEEN AND TO REQUIRE THEM TO ASSUME RESPONSIBILITY FOR THESE COSTS IF THE COURT DETERMINES THAT THE FATHER IS UNABLE TO MEET THIS OBLIGATION.
Whereas, in 1991, in S.C. 57,517 children were born and of these children, 17,578 (more than 30%) were born to unmarried mothers with no paternity acknowledged; and
Whereas, of these 17,578 children born to unmarried mothers, more than one-third were born to teenagers; and
Whereas, the medical costs associated with pre-natal, natal, and post-natal care places a tremendous burden on the State; and
Whereas, it is fair and equitable that those who have responsibility in these matters be made to face these responsibilities early on. Now therefore,
Be it enacted by the General Assembly of the State of South Carolina,
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-958. (A) Notwithstanding any other provision of law, a pregnant woman must name the putative father of her child as a condition of eligibility for food stamps, the Women,Infants, and Children Program (WIC), Medicaid, health care, including, but not limited to, pre-natal, natal, and post-natal care through a local health department, the Medically Indigent Assistance Program, or any other public or publicly funded health care program, food stamps, or any other form of government or public assistance or subsidy. Upon receiving a request or application for any of these services the agency or program shall submit such information as the Department of Social Services requires for the purpose of locating the putative father and establishing paternity.
(B) A man who acknowledges paternity through a settlement or voluntary agreement or who is determined to be the father of the child pursuant to this subarticle is responsible for paying a proportionate share, through health insurance where applicable and otherwise if insurance is not applicable, based on his income in relation to that of the mother, of all pre-natal, natal, and post-natal health care provided to the mother or to the child, or both.
(C) If the putative father is under eighteen years of age at the time the action is brought to establish paternity, the parents of the putative father must be made parties to the action. Having established or accepted an agreement or voluntary settlement acknowledging paternity, the court, if it determines that the father is not able to fully meet his obligations under this section, shall order the parents of the father to pay all or some portion of these expenses."
SECTION 2. This act takes effect upon approval by the Governor.