Current Status Bill Number:3060 Ratification Number:135 Act Number:82 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:Vaughn All Sponsors:Vaughn, Cato, Allison, J. Brown, Meacham, Elliott, Gamble, Phillips, Spearman Drafted Document Number:GJK\21075SD.95 Date Bill Passed both Bodies:19950511 Governor's Action:S Date of Governor's Action:19950612 Subject:Adoption, foster care
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19950612 Act No. A82
------ 19950612 Signed by Governor
------ 19950606 Ratified R135
Senate 19950511 Read third time, enrolled for
ratification
Senate 19950510 Read second time, notice of
general amendments
Senate 19950501 Committee report: Favorable 08 SG
Senate 19950209 Introduced, read first time, 08 SG
referred to Committee
House 19950208 Read third time, sent to Senate
House 19950207 Read second time
House 19950202 Debate adjourned until
Tuesday, 19950207
House 19950202 Reconsidered vote whereby
read second time
House 19950202 Reconsidered vote whereby
read third time
House 19950202 Read third time, sent to Senate
House 19950201 Read second time
House 19950126 Committee report: Favorable 27 H3M
House 19950110 Introduced, read first time, 27 H3M
referred to Committee
House 19941214 Prefiled, referred to Committee 27 H3M
View additional legislative information at the LPITS web site.
(A82, R135, H3060)
AN ACT TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHEN THE CHILD HAS BEEN IN FOSTER CARE FOR AT LEAST SIX MONTHS AFTER HAVING BEEN LEGALLY FREED FOR ADOPTION AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.
Be it enacted by the General Assembly of the State of South Carolina:
Exception added to allow adoption by nonresidents
SECTION 1. Section 20-7-1670 of the 1976 Code, as last amended by Act 653 of 1988, is further amended to read:
"Section 20-7-1670. Any South Carolina resident may petition the court to adopt a child. Placement of children for adoption pursuant to this Subarticle 7, Article 11, Chapter 7 of Title 20 is limited to South Carolina residents with exceptions being made in the following circumstances only:
(a) the child is a special needs child, as defined by Section 20-7-1650;
(b) there has been public notoriety concerning the child or child's family, and the best interests of the child would be served by placement outside this State;
(c) the child is to be placed for adoption with a relative related biologically or by marriage;
(d) at least one of the adoptive parents is in the military service stationed in South Carolina;
(e) there are unusual or exceptional circumstances such that the best interests of the child would be served by placement with or adoption by nonresidents of this State; or
(f) the child has been in foster care for at least six months after having been legally freed for adoption and no South Carolina resident has been identified as a prospective adoptive home.
Before a child is placed within or outside the boundaries of this State for adoption with nonresidents of this State, compliance with Subarticle 11, Article 11, Chapter 7 of Title 20 (Interstate Compact on the Placement of Children) is required, and a judicial determination must be made in this State that one of the circumstances in items (a) through (f) of this section applies, whether or not the adoption proceedings are instituted in South Carolina. Additionally, in order to determine if any of the circumstances in items (a) through (f) of this section apply so as to permit placement with a nonresident for the purpose of adoption or adoption by a nonresident, a petition may be brought for the determination before the birth of the child or before placement of the child with the prospective adoptive parents. In ruling on this question the court must include in its order specific findings of fact as to the circumstances allowing the placement of a child with a nonresident or the adoption of a child by a nonresident. The order resulting from this action does not prohibit or waive the right to refuse to consent to a release of rights or relinquish rights at a later time nor to withdraw a consent or relinquish at a later time as provided in this chapter. The order must be merged with and made a part of any subsequent adoption proceeding initiated in South Carolina."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1995.