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Bill 3746

                    Current Status

Bill Number:                      3746
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010320
Primary Sponsor:                  J.E. Smith
All Sponsors:                     J.E. Smith
Drafted Document Number:          l:\council\bills\nbd\11160ac01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Child daycare centers, facilities; 
                                  operator or employee who administers corporal 
                                  punishment, harm defined; Minors


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010320  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 20-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE CHILDREN'S CODE, SO AS TO REVISE THE DEFINITION OF "HARM" TO INCLUDE CORPORAL PUNISHMENT ADMINISTERED BY AN OPERATOR, EMPLOYEE, OR CAREGIVER OF A CHILD DAYCARE FACILITY.

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

SECTION    1.    Section 20-7-490(3) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:

    "(3)    'Harm' to a child's health or welfare can occur when the parent, guardian, or other person responsible for the child's welfare:

    (a)    inflicts or allows to be inflicted upon the child physical or mental injury, including injuries sustained as a result of excessive corporal punishment, but excluding corporal punishment or physical discipline which:

        (i)     is administered by a parent or person in en loco parentis, excluding an operator, employee or caregiver, as defined in Section 20-7-2700, of a child daycare facility;

        (ii)    is perpetrated for the sole purpose of restraining or correcting the child;

        (iii)    is reasonable in manner and moderate in degree;

        (iv)    has not brought about permanent or lasting damage to the child;

        (v)    is not reckless or grossly negligent behavior by the parents.

    (b)    commits or allows to be committed against the child a sexual offense as defined by the laws of this State;

    (c)    fails to supply the child with adequate food, clothing, shelter, education as required under Article 1 of Chapter 65 of Title 59, supervision appropriate to the child's age and development, or health care though financially able to do so or offered financial or other reasonable means to do so and the failure to do so has caused physical or mental injury or presents a significant threat of injury as defined in this section. For the purpose of this chapter "adequate health care" includes any medical or nonmedical remedial health care permitted or authorized under state law.

    (d)    abandons the child;

    (e)    encourages, condones, or approves the commission of delinquent acts by the child and the commission of the acts are shown to be the result of the encouragement, condonation, or approval."

SECTION    2.    This act takes effect upon approval by the Governor.

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