H 3310 General Bill, By T.F. Rogers

Similar(S 695)
 A Bill to amend Section 20-7-1340, Code of Laws of South Carolina, 1976,
 relating to payment for support or treatment of a child, so as to provide that
 the solicitor may petition the court to order the parents of a child who is
 committed by the court to the custody other than that of the child's parents
 or who is given medical, psychological, or psychiatric treatment under order
 of the court to pay child support when the child is committed to or detained
 in the custody of a county detention facility or the Department of Juvenile
 Justice; and to amend Section 20-7-2180, as amended, relating to the
 responsibility for a child committed to custody, so as to provide that all
 expenses of a child committed to the custody of the Department of Juvenile
 Justice must be borne by the State except as otherwise provided by law.

   01/18/95  House  Introduced and read first time HJ-26
   01/18/95  House  Referred to Committee on Ways and Means HJ-26

A BILL

TO AMEND SECTION 20-7-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT FOR SUPPORT OR TREATMENT OF A CHILD, SO AS TO PROVIDE THAT THE SOLICITOR MAY PETITION THE COURT TO ORDER THE PARENTS OF A CHILD WHO IS COMMITTED BY THE COURT TO THE CUSTODY OTHER THAN THAT OF THE CHILD'S PARENTS OR WHO IS GIVEN MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC TREATMENT UNDER ORDER OF THE COURT TO PAY CHILD SUPPORT WHEN THE CHILD IS COMMITTED TO OR DETAINED IN THE CUSTODY OF A COUNTY DETENTION FACILITY OR THE DEPARTMENT OF JUVENILE JUSTICE; AND TO AMEND SECTION 20-7-2180, AS AMENDED, RELATING TO THE RESPONSIBILITY FOR A CHILD COMMITTED TO CUSTODY, SO AS TO PROVIDE THAT ALL EXPENSES OF A CHILD COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE MUST BE BORNE BY THE STATE EXCEPT AS OTHERWISE PROVIDED BY LAW.

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

SECTION 1. Section 20-7-1340 of the 1976 Code is amended to read:

"Section 20-7-1340. Whenever a child is committed by the court to custody other than that of his the child's parents, or is given medical, psychological, or psychiatric treatment under order of the court, and no provision is otherwise made by law for the support of such child or payment for such treatment, compensation for the care and treatment of such child, when approved by order of the court, shall be subject to whatever provision may be made (for the financing of indigents) by the county where such child is a resident. the solicitor of the county may petition the court to order the parents of the child to pay child support when the child is committed to or detained in the custody of a county detention facility or the Department of Juvenile Justice. The court may, after giving the parent a reasonable opportunity to be heard, may order and decree that such the parent shall pay, in such a manner as the court may direct directs such sum an amount within his the parent's ability to pay as to cover in whole or in part the support and treatment of such the child. If the parent shall wilfully fail or refuse fails or refuses to pay such the sum, the court may proceed against him or her as the parent for contempt."

SECTION 2. Section 20-7-2180 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 20-7-2180. From the time of lawful reception of any a child by the Department of Juvenile Justice and during his the child's stay in custody in a correctional institution, facility, or program operated by the department, he shall the child must be under the exclusive care, custody, and control of the department. All expenses shall must be borne by the State except as the expenses otherwise are provided for by law."

SECTION 3. This act takes effect upon approval by the Governor.