Current Status Bill Number:5040 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980414 Primary Sponsor:McMaster All Sponsors:McMaster, Harrison, Stuart, Inabinett, Simrill, McGee, Young-Brickell, Govan, Robinson and Byrd Drafted Document Number:psd\7365ac.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Child abuse and neglect arrests, solicitor to be notified; Courts, Minors, Social Services Department
Body Date Action Description Com Leg Involved
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House 19980414 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES WITH REGARD TO CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE LAW ENFORCEMENT TO NOTIFY THE SOLICITOR WHEN A PERSON HAS BEEN ARRESTED FOR VIOLATION OF A CRIMINAL LAW IN CONNECTION WITH COMMITTING ABUSE OR NEGLECT FOR THE PURPOSE OF SEEKING AN INDICTMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-650(R) of the 1976 Code, as last amended by Act 132 of 1997, is further amended to read:
"(R) The department must cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the department. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the department must notify the appropriate law enforcement agency of those facts within twenty-four hours of the department's finding for the purposes of police investigation. The law enforcement agency must file a formal incident report at the time it is notified by the department of the finding. When the intake report is of alleged sexual abuse, the department must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency must file a formal incident report at the time it is notified of the alleged sexual abuse. Upon making an arrest in connection with the abuse or neglect, including sexual abuse, the law enforcement agency shall notify the solicitor of the arrest for purposes of seeking an indictment. In cases where the agency retains custody of the minor children and physical placement of the children is in the care of relatives, the agency must provide the same services along with financial benefits provided to other licensed foster care placement and facilities, provided the adults with whom the child is placed meet all qualifications applicable to foster parents."
SECTION 2. This act takes effect upon approval by the Governor.