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H. 3607

STATUS INFORMATION

General Bill
Sponsors: Rep. Taylor
Document Path: l:\council\bills\nbd\11278ab07.doc

Introduced in the House on February 28, 2007
Currently residing in the House Committee on Judiciary

Summary: Healthcare decision for a child

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   2/28/2007  House   Introduced and read first time HJ-29
   2/28/2007  House   Referred to Committee on Judiciary HJ-30

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/28/2007

TO AMEND SECTION 20-7-652, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WITHHOLDING OF HEALTH CARE FROM A CHILD FOR RELIGIOUS OR OTHER REASONS, SO AS TO PROVIDE THAT A HEALTH CARE DECISION MADE FOR A CHILD BY THE CHILD'S PARENT OR GUARDIAN DOES NOT CONSTITUTE ABUSE OR NEGLECT UNLESS THE DEPARTMENT PROVES BY A PREPONDERANCE OF THE EVIDENCE THAT THE TREATMENT PURSUED BY THE GUARDIAN OR PARENT IS AN UNREASONABLE OR IMPRUDENT TREATMENT FOR THE CHILD'S HEALTH CONDITION; TO PROVIDE THAT A PARENT OR GUARDIAN MAY OBTAIN A SECOND MEDICAL OPINION CONCERNING WHETHER A HEALTH CARE DECISION THE PARENT OR GUARDIAN MAKES FOR A CHILD IS REASONABLE AND PRUDENT; AND TO MAKE TECHNICAL AND CONFORMING CHANGES THROUGHOUT.

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

SECTION    1.    Section 20-7-652 of the 1976 Code, as added by Act 450 of 1996, is amended to read:

"Section 20-7-652.    (A)(1)    The department shall conduct an investigation pursuant to Section 20-7-650 upon receipt of a report that a parent or other person responsible for the welfare guardian of a child will not consent to health care needed by the child, the department shall investigate pursuant to Section 20-7-650. Upon a determination.

(2)    If the department determines by a preponderance of evidence that a parent or guardian is withholding adequate health care was withheld for a child for a religious reasons reason or other reasons another reason reflecting an a reasonable and prudent exercise of judgment by the parent or guardian as to concerning the best interest of the child, the department may enter a finding find that the child is in need of needs medical care and that the parent or other person responsible guardian does not consent to the medical care for a religious reasons reason or other reasons another reason reflecting an a reasonable or prudent exercise of judgment as to concerning the best interests of the child.

(3)    The department may not enter a finding by a preponderance of evidence that the parent or other person responsible for the child guardian has abused or neglected the child because of the withholding of medical treatment for a religious reasons reason or for other reasons another reason reflecting an exercise of reasonable and prudent judgment as to concerning the best interests of the child. However,

(4)    The department may petition the family court for an order finding that specific medical care treatment is necessary to prevent death or permanent harm to the child. Upon a determination If the court determines that a preponderance of evidence shows that the child might die or suffer permanent harm without specific medical treatment, the court may issue its an order authorizing the specific medical treatment without the consent of the parent or other person responsible for the welfare guardian of the child.

(5)    The department may move for emergency relief pursuant to family court rules when necessary for the health of the child.

(B)    Proceedings A proceeding brought under this section must be considered a child abuse and neglect proceedings proceeding only for purposes the purpose of appointment of representation pursuant to Section 20-7-110.

(C)    This section does not authorize intervention if the child is under the care of a physician licensed under Chapter 47, Title 40, who supports the decision of the parent or guardian as a matter of reasonable and prudent medical judgment."

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

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