Current Status Introducing Body:House Bill Number:4139 Primary Sponsor:Stone Type of Legislation:GB Subject:Adoption of child Residing Body:Senate Computer Document Number:436/11261AC.93 Introduced Date:19930422 Date of Last Amendment:19930601 Last History Body:Senate Last History Date:19940505 Last History Type:Committee Report: Favorable with amendment Scope of Legislation:Statewide All Sponsors:Stone Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4139 Senate 19940505 Committee Report: Favorable 08
with amendment
4139 Senate 19930603 Introduced, read first time, 08
referred to Committee
4139 House 19930602 Read third time, sent to
Senate
4139 House 19930601 Amended, read second time
4139 House 19930527 Amended, debate interrupted
4139 House 19930526 Committee Report: Favorable 27
with amendment
4139 House 19930422 Introduced, read first time, 27
referred to Committee
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COMMITTEE REPORT
May 5, 1994
H. 4139
S. Printed 5/5/94--S.
Read the first time June 3, 1993.
To whom was referred a Bill (H. 4139), to amend Section 20-7-1670, as amended, Code of Laws of South Carolina, 1976, relating to persons who may petition to adopt a child, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 2, SECTION 1, line 7, by adding after the word /for/ the following:
/SECTION 1. Chapter 7 of Title 20 of the 1976 Code is amended by adding:
"Section 20-7-1675. A child in the legal custody of the South Carolina Department of Social Services only may be adopted if:
(1) the petitioner has been approved for adoption by the department;
(2) the child for whom adoption is sought is residing in the petitioner's home at the time the petition for adoption is filed;
(3) the child is legally free for adoption by virtue of a court order terminating parental rights or relinquishments vesting with the department the authority to consent; and
(4) the department, as the sole authority to consent to the adoption, consents to the adoption of the child by the petitioner."/
Amend the bill further, as and if amended, page 2, SECTION 2, line 36, by deleting the word /arbitrarily/ and inserting in lieu thereof /without just cause/.
Amend the bill further, as and if amended, page 2, SECTION 2, by deleting lines 9 through 20 and inserting in lieu thereof the following:
/Foster parents licensed by the State Department of Social Services who wish to adopt a child in the custody of the department must meet the following conditions before filing a petition for adoption of the child:
(1) the foster child they are seeking to adopt must be residing in the foster parent's home at the time the petition for adoption is filed and must have been residing in the foster home for six consecutive months or more, unless the time is modified by the court in the best interest of the child pursuant to Section 20-7-1760;/
Amend the bill further, as and if amended, page 1, by deleting the Title, lines 11 through 19 and inserting in lieu thereof:
/TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1675 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A PERSON MAY PETITION TO ADOPT A CHILD WHO IS IN THE CUSTODY OF THE STATE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND SECTION 20-7-1690, RELATING TO CONSENT FOR THE PURPOSE OF ADOPTION, SO AS TO PROVIDE CERTAIN CONDITIONS UNDER WHICH FOSTER PARENTS MAY ADOPT A FOSTER CHILD./
Amend title to conform.
HARVEY S. PEELER, for Committee.
TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT A CHILD, SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A PERSON MAY PETITION TO ADOPT A CHILD WHO IS IN THE CUSTODY OF THE STATE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND SECTION 20-7-1690, RELATING TO CONSENT FOR THE PURPOSE OF ADOPTION, SO AS TO PROVIDE CERTAIN CONDITIONS UNDER WHICH FOSTER PARENTS MAY ADOPT A FOSTER CHILD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-1670 of the 1976 Code is amended by adding at the end:
"A child in the legal custody of the South Carolina Department of Social Services only may be adopted if:
(1) the petitioner has been approved for adoption by the department;
(2) the child for whom adoption is sought is residing in the petitioner's home at the time the petition for adoption is filed;
(3) the child is legally free for adoption by virtue of a court order terminating parental rights or relinquishments vesting with the department the authority to consent; and
(4) the department, as the sole authority to consent to the adoption, consents to the adoption of the child by the petitioner."
SECTION 2. Section 20-7-1690(D) of the 1976 Code, as last amended by Act 653 of 1988, is further amended to read:
"(D) If the consent of a child placing agency required by this subsection is not provided to any person eligible under Section 20-7-1670, the agency has an affirmative duty to inform the person who is denied consent of all of his rights for judicial review of the denial. Foster parents licensed by the State Department of Social Services who wish to adopt a child in the custody of the department must meet the following conditions before filing a petition for adoption of the child:
(1) the foster child they are seeking to adopt must be residing in the foster parent's home at the time the petition for adoption is filed and must have been residing in the foster home for six consecutive months or more, unless the time is modified by the court in the best interest of the child pursuant to Section 20-7-1760;
(2) the child is legally free for adoption and authority to consent is vested with the department;
(3) the department consents to the adoption of the child by the foster parents.
If a child placing agency denies an application for adoption, the agency has an affirmative duty to inform the person whose application is denied of the available administrative procedures for review of the denial.
If consent is withheld by a person or agency vested with authority to consent pursuant to subsection (B) or (C), the court may waive the requirement of consent only if the petitioner shows by clear and convincing evidence that the consent has been withheld arbitrarily and contrary to the best interests of the child."
SECTION 3. This act takes effect upon approval by the Governor.