H 4468 Session 112 (1997-1998)
H 4468 General Bill, By Harrison and Cotty
Similar(S 998)
A BILL TO AMEND SECTION 19-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN
CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE
CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE
TWELVE.-SHORT TITLE
01/21/98 House Introduced and read first time HJ-7
01/21/98 House Referred to Committee on Judiciary HJ-8
02/18/98 House Committee report: Favorable with amendment
Judiciary HJ-3
02/24/98 House Debate adjourned until Wednesday, February 25,
1998 HJ-28
02/25/98 House Amended HJ-32
02/25/98 House Requests for debate-Rep(s). Moody-Lawrence,
Scott, Lloyd, Inabinett, Govan, Cotty, Whipper,
Mack, Breeland, Gourdine, Hamilton & R. Smith HJ-42
03/10/98 House Requests for debate removed-Rep(s). Cotty,
Moody-Lawrence, Scott, Hamilton, Gourdine & R.
Smith HJ-21
03/11/98 House Requests for debate removed-Rep(s). Govan &
Inabinett HJ-18
03/11/98 House Amended HJ-20
03/11/98 House Read second time HJ-21
03/12/98 House Read third time and sent to Senate HJ-17
03/17/98 Senate Introduced and read first time SJ-11
03/17/98 Senate Referred to Committee on Judiciary SJ-11
05/19/98 Senate Committee report: Favorable with amendment
Judiciary SJ-17
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 19, 1998
H. 4468
Introduced by Reps. Harrison and Cotty
S. Printed 5/19/98--S.
Read the first time March 17, 1998.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H. 4468), to amend Section 19-1-180,
as amended, Code of Laws of South Carolina, 1976, relating to the
admissibility of out-of-court statements by certain children, etc.,
respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting
words and inserting therein the following:
/SECTION 1. Sections 19-1-180(A) and (C) of the 1976 Code,
as added by Act 649 of 1988, are amended to read:
"(A) An out-of-court statement made by a child who
is under twelve years of age or who functions cognitively,
adaptively, or developmentally under the age of twelve at the
time of the a family court proceeding brought
pursuant to Section 20-7-610 or 20-7-736 Title 20
concerning an act of alleged abuse or neglect as defined by
Section 20-7-490 that is not otherwise admissible in evidence
is admissible in the family court proceeding if the requirements of
this section are met regardless of whether the statement would be
otherwise inadmissible.
(C) The proponent of the statement shall inform the adverse party
of the proponent's intention to offer the statement and the content of
the statement sufficiently in advance of the proceeding to provide the
defendant with a fair opportunity to prepare a response to the
statement before the proceeding at which it is offered. If the
child is twelve years of age or older, the adverse party may challenge
the professional decision that the child functions cognitively,
adaptively, or developmentally under the age of twelve."
SECTION 2. Section 20-7-420 of the 1976 Code, as last
amended by Act 71 of 1997, is further amended by adding an
appropriately numbered item at the end to read:
"( ) To hear and determine actions concerning control of the
person of a minor, including guardianship of the minor."
SECTION 3. That portion of Section 20-7-490 of the 1976 Code
preceding the enumerated items, as last amended by Act 450 of 1996,
is further amended to read:
"When used in this article , or in Article 9, Article 11, or
subarticle 7 of Article 13, and unless the specific context
indicates otherwise:"
SECTION 4. Section 20-7-510 of the 1976 Code, as last
amended by Act 450 of 1996, is further amended to read:
"(A) A physician, nurse, dentist, optometrist, medical
examiner or coroner or an employee of a county medical examiner's
or coroner's office or any other medical, emergency medical services,
mental health, or allied health professional or Christian Science
practitioner, religious healer, school teacher, counselor, principal,
assistant principal, social or public assistance worker, substance
abuse treatment staff, or child care worker in any day care center or
foster care facility, police or law enforcement officer, undertaker,
funeral home director or employee of a funeral home or persons
responsible for processing of films or any judge shall report in
accordance with this section when in the person's professional
capacity the person has received information which gives the person
reason to believe that a child's physical or mental health or welfare
has been or may be adversely affected by abuse or neglect.
(B) Except as provided in subsection (A), any other person who
has reason to believe that a child's physical or mental health or
welfare has been or may be adversely affected by abuse and neglect
may report in accordance with this section. If a person
required to report pursuant to subsection (A) has received
information in the person's professional capacity which gives the
person reason to believe that a child's physical or mental health or
welfare has been or may be adversely affected by acts or omissions
that would be child abuse or neglect if committed by a parent,
guardian, or other person responsible for the child's welfare, but the
reporter believes that the act or omission was committed by a person
other than the parent, guardian, or other person responsible for the
child's welfare, the reporter must make a report to the appropriate law
enforcement agency.
(C) Except as provided in subsection (A), any person who has
reason to believe that a child's physical or mental health or welfare
has been or may be adversely affected by abuse and neglect may
report in accordance with this section.
(C) (D) Reports of child abuse or neglect may be made
orally by telephone or otherwise to the county department of social
services or to a law enforcement agency in the county where the child
resides or is found.
Where reports are made pursuant to this section to a law
enforcement agency, the law enforcement agency shall notify the
county department of social services of the law enforcement's
response to the report at the earliest possible time.
Where a county or contiguous counties have established
multicounty child protective services, pursuant to Section 20-7-650,
the county department of social services immediately shall transfer
reports pursuant to this section to the service.
(E) The identity of the person making a report pursuant to this
section must be kept confidential by the agency or department
receiving the report and must not be disclosed except as provided for
in this chapter.
When the department refers a report to a law enforcement agency
for a criminal investigation, the department must inform the law
enforcement agency of the identity of the person who reported the
child abuse or neglect. The identity of the reporter must only be used
by the law enforcement agency to further the criminal investigation
arising from the report, and the agency must not disclose the
reporter's identity to any person other than an employee of the agency
who is involved in the criminal investigation arising from the report.
If the reporter testifies in a criminal proceeding arising from the
report, it must not be disclosed that the reporter made the report.
When a law enforcement agency refers a report to the department
for an investigation or other response, the law enforcement agency
must inform the department of the identity of the person who
reported the child abuse or neglect. The department must not
disclose the identity of the reporter to any person except as
authorized by Section 20-7-690."
SECTION 5. Section 20-7-540 of the 1976 Code, as last
amended by Act 450 of 1996, is further amended to read:
"Section 20-7-540. A person required or permitted to report
pursuant to this article or who participates in an investigation
or judicial proceedings resulting from the report, acting in good
faith, is immune from civil and criminal liability which might
otherwise result by reason of these actions. In all such civil or
criminal proceedings, good faith is rebuttably presumed.
Immunity under this section extends to full disclosure by the
person of facts which gave the person reason to believe that the
child's physical or mental health or welfare had been or might be
adversely affected by abuse or neglect."
SECTION 6. Section 20-7-545 of the 1976 Code, as amended
by Act 101 of 1997, is further amended to read:
"Section 20-7-545. An employee, volunteer, or official of
the Department of Social Services required or authorized to perform
child protective or child welfare-related functions or an
individual with whom the department has contracted to convene
family group conferences or a law enforcement officer required
or authorized to perform child protective or child welfare-
related functions is immune from civil or criminal liability which
might otherwise result by reason of acts or omissions within the
scope of the official duties of the employee, volunteer,
convener, officer, or official, so as long as
the employee, volunteer, convener, officer, or official acted
in good faith and was not reckless, wilful, wanton, or grossly
negligent. In all such civil or criminal proceedings good faith is
rebuttably presumed. This grant of immunity is cumulative to and
does not replace any other immunity provided under the South
Carolina Tort Claims Act."
SECTION 7. Section 20-7-560 of the 1976 Code, as last
amended by Act 450 of 1996, is further amended to read:
"Section 20-7-560. A person required to report a case of
child abuse or neglect or a person required to perform any other
function under this article who knowingly fails to do so, or a person
who threatens or attempts to intimidate a witness is guilty of a
misdemeanor and, upon conviction, must be fined not more than five
hundred dollars or imprisoned not more than six months, or both.
The penalty provided for in this section shall be the exclusive
remedy for a failure to report a pregnant woman suspected of child
abuse or neglect."
SECTION 8. Section 20-7-610(A)(1), (I)(2), (M) and (N) of the
1976 Code, as last amended by Act 130 of 1997, is further amended
to read:
"(1) the officer has probable cause to believe that by
reason of abuse or neglect the child's life, health, or physical safety
is in substantial and imminent danger if the child is not taken into
emergency physical custody or emergency protective
custody, and there is not time to apply for a court order
pursuant to Section 20-7-736. When a child is taken into emergency
protective custody following an incident of excessive corporal
punishment, and the only injury to the child is external
lesions or minor bruises, other children in the home shall not be taken
into emergency protective custody solely on account of the injury of
one child through excessive corporal punishment. However, the
officer may take emergency protective custody of other children in
the home if a threat of harm to them is further indicated by factors
including, but not limited to, a prior history of domestic violence or
other abuse in the home, alcohol or drug abuse if known or evident
at the time of the initial contact, or other circumstances indicative of
danger to the children;
(2) both the relative or other person with whom the child is to
be placed and the child's parent or guardian have agreed to the
placement, the department may retain physical custody of the child
for no more than five additional days, if necessary,
to enable the relative or other person to make travel or other
arrangements incident to the placement. A probable cause
hearing pursuant to subsection (M) shall not be held unless the
placement fails to occur as planned within the five-day period or the
child's parent or guardian makes a written request for a hearing to the
department. The department must give the child's parent or guardian
written notice of the right to request a probable cause hearing to
obtain a judicial determination of whether removal of the child from
the home was and remains necessary. Upon receipt of a written
request for a hearing from the child's parent or guardian, the
department shall schedule a hearing for the next date on which the
family court is scheduled to hear probable cause hearings. If the
placement does not occur as planned within the five-day
period, the department immediately must determine whether to
assume legal custody of the child and file a petition as provided in
subsection (K). The department shall assure that the child is given
age-appropriate information about the plans for placement and any
subsequent changes in those plans at the earliest feasible time.
(M) The family court shall schedule a probable cause hearing to be
held within seventy-two hours of the time the child was taken into
emergency protective custody. If the third day falls upon a Saturday,
Sunday, or holiday, the probable cause hearing must be held no later
than the next working day. If there is no term of court in the county
when the probable cause hearing must be held, the hearing must be
held in another county in the circuit. If there is no term of family
court in another county in the circuit, the probable cause hearing may
be heard in another court in an adjoining circuit. The probable cause
hearing may be conducted by video conference at the discretion of
the judge. At the probable cause hearing, the family court shall
undertake to fulfill the requirements of Section 20-7-110 and shall
determine whether there was probable cause for taking emergency
protective custody and for the department to assume legal custody of
the child and shall determine whether probable cause to retain legal
custody of the child remains at the time of the hearing. At the
probable cause hearing, the respondents may submit affidavits as to
facts which are alleged to form the basis of the removal and to
cross-examine the department's witnesses as to whether there existed
probable cause to effect emergency removal. The hearing on the
merits to determine whether removal of custody is needed,
pursuant to Section 20-7-736, must be held within thirty-five days of
the date of receipt of the removal petition. At the probable cause
hearing, the court shall set the time and date for the hearing on the
merits. A party may request a continuance that would result in the
hearing being held more than thirty-five days after the petition was
filed, and the court may grant the request for continuance only if
exceptional circumstances exist. If a continuance is granted, the
hearing on the merits must be completed within sixty-five days
following receipt of the removal petition. The court may continue the
hearing on the merits beyond sixty-five days without returning the
child to the home only if the court issues a written order with findings
of fact supporting a determination that the following conditions are
satisfied, regardless of whether the parties have agreed to a
continuance:
(1) The court finds that the child should remain in the custody
of the department because there is probable cause to believe that
returning the child to the home would seriously endanger the child's
physical safety or emotional well-being;
(2) The court schedules the case for trial on a date and time
certain which is not more than ten days after the date the hearing was
scheduled to be held; and
(3) The court finds that exceptional circumstances support the
continuance.
The court may continue the case past the date and time certain set
forth in subsection (M) only if the court issues a new order as
required in subsection (M).
The court may continue the case because a witness is unavailable
only if the court enters a finding of fact that the court cannot decide
the case without the testimony of the witness. The court shall
consider and rule on whether the hearing can begin and then recess
to have the witness' testimony taken at a later date or by deposition.
The court shall rule on whether the party offering the witness has
exercised due diligence to secure the presence of the witness or to
preserve the witness' testimony.
This subsection does not prevent the court from conducting a
pendente lite hearing on motion of any party and issuing an order
granting other appropriate relief pending a hearing on the merits.
If the child is returned to the home pending the merits hearing, the
court may impose such terms and conditions as it determines
appropriate to protect the child from harm, including measures to
protect the child as a witness.
When a continuance is granted pursuant to this subsection, the
family court shall ensure that the hearing is rescheduled within the
time limits provided herein and give the hearing priority over other
matters pending before the court except a probable cause hearing held
pursuant to this subsection.
(N) An order issued as a result of the probable cause hearing held
pursuant to subsection (K) concerning a child of whom the
department has assumed legal custody shall contain a finding by the
court of whether reasonable efforts were made by the department to
prevent removal of the child and a finding of whether continuation of
the child in the home would be contrary to the welfare of the child.
The order shall state:
(1) the services made available to the family before the
department assumed legal custody of the child and how they related
to the needs of the family;
(2) the efforts of the department to provide services to the
family before assuming legal custody of the child;
(3) why the efforts to provide services did not eliminate the
need for the department to assume legal custody;
(4) whether a meeting was convened as provided in subsection
(D), the persons present, and the outcome of the meeting or, if no
meeting was held, the reason for not holding a meeting;
(5) what efforts were made to place the child with a relative
known to the child or in another familiar environment;
(6) whether the efforts to eliminate the need for the department
to assume legal custody were reasonable including, but not limited to,
whether services were reasonably available and timely, reasonably
adequate to address the needs of the family, reasonably adequate to
protect the child and realistic under the circumstances, and whether
efforts to place the child in a familiar environment were reasonable.
If the court finds that reasonable services would not have
allowed the child to remain safely in the home, the court shall find
that removal of the child without services or without further services
was reasonable."
SECTION 9. That portion of Section 20-7-618(A) of the 1976
Code preceding the enumerated text, as added by Act 450 of 1996, is
amended to read:
"A physician or hospital to which a child has been brought for
treatment may detain the child in emergency physical custody
for up to twenty-four hours without the consent of the person
responsible for the child's welfare if the physician or hospital:"
SECTION 10. Section 20-7-650(C) of the 1976 Code, as last
amended by Act 450 of 1996, is further amended by adding at the
end:
"This section does not require the department to investigate
reports of child abuse or neglect which resulted in the death of the
child unless there are other children residing in the home, or a
resident of the home is pregnant, or the subject of the report is the
parent, guardian, or person responsible for the welfare of another
child regardless of whether that child resides in the home."
SECTION 11. 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. 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 12. Section 20-7-690(B) (6), (7), (13), and (14), (C),
and (D) of the 1976 Code, as last amended by Act 450 of 1996, are
further amended to read:
"(6) a child ten fourteen years of age or
older who is the subject of a report named in a report as
a victim of child abuse or neglect, except in regard to
information that the department may determine to be detrimental to
the emotional well-being of the child;
(7) the parents or guardians of a child who is
are the subject of a report named in a report as
a victim of child abuse or neglect;
(13) authorities in other states conducting child abuse and neglect
proceedings or child custody proceedings investigations
or providing child welfare services;
(14) courts in other states conducting child abuse and neglect
investigations or providing child welfare services
proceedings or child custody proceedings;
(C) The department may limit the information disclosed to
individuals and entities named in subsection (B) (13), (14),
(15), (16), (17), (18), and (20) to that information necessary to
accomplish the purposes for which it is requested or for which it is
being disclosed. Nothing in this subsection gives to these entities or
persons the right to review or copy the complete case record.
(D) When a request for access to the record comes from an
individual identified in subsection (A)(B)(5), (6), or
(7) or that person's attorney, the department shall review any reports
from medical care providers and mental health care providers to
determine whether the report contains information that does not
pertain to the case decision, to the treatment needs of the family as a
whole, or to the care of the child. If the department determines that
these conditions exist, before releasing the document, the department
shall provide a written notice identifying the report to the requesting
party and to the person whose treatment or assessment was the
subject of the report. The notice may be mailed to the parties
involved or to their attorneys or it may be delivered in person. The
notice shall state that the department will release the report after ten
days from the date notice was mailed to all parties and that any party
objecting to release may apply to the court of competent jurisdiction
for relief. When a medical or mental health provider or agency
furnishes copies of reports or records to the department and
designates in writing that those reports or records are not to be further
disclosed, the department must not disclose those documents to
persons identified in subsection (A)(B)(5), (6), or (7)
or that person's attorney. The department shall identify to the
requesting party the records or reports withheld pursuant to this
subsection and shall advise the requesting party that he may contact
the medical or mental health provider or agency about release of the
records or reports."
SECTION 13. Section 20-7-690 of the 1976 Code, as last
amended by Act 450 of 1996, is further amended by adding an
appropriately lettered subsection to read:
"( ) The department may disclose to participants in a family
group conference relevant information concerning the child or family
or other relevant information to the extent that the department
determines that the disclosure is necessary to accomplish the purpose
of the family group conference. Participants in the family group
conference must be instructed to maintain the confidentiality of
information disclosed by the agency."
SECTION 14. Section 20-7-736(F) of the 1976 Code, as last
amended by Act 450 of 1996, is further amended to read:
"(F) A The court shall not order that a child
must not be removed from the custody of the parent or
guardian unless the court finds that the allegations of the petition are
supported by a preponderance of evidence including a finding that the
child is an abused or neglected child as defined in Section 20-7-490
and that retention of the child in or return of the child to the home
would place the child at unreasonable risk of harm affecting the
child's life, physical health or safety, or mental well-being and the
child cannot reasonably be protected from this harm without being
removed."
SECTION 15. That portion of Section 20-7-765(A) of the 1976
Code preceding the enumerated items, added by Act 450 of 1996, is
amended to read:
"When the conditions justifying removal pursuant to Section
20-7-736 include the addiction of the parent or abuse by the parent of
controlled substances, the court may require as part of the
treatment placement plan ordered pursuant to Section
20-7-764:"
SECTION 16. Section 20-7-766(G) and (H) of the 1976 Code, as
last amended by Act 450 of 1996, are further amended to read:
"(G) After the permanency planning hearing, if the child is
retained in foster care, future permanency planning hearings must be
conducted in accordance with this subsection.
If the child is retained in foster care and the agency is required to
initiate termination of parental rights proceedings, the termination of
parental rights hearing may serve as the next permanency planning
hearing.
If the child is retained in permanent foster care with an identified
caregiver, no further permanency planning hearings are necessary if
the child is fourteen years of age or older.
If the court ordered extended foster care for the purpose of
reunification with the parent, the court must select a permanent plan
for the child other than another extension for reunification purposes
at the next permanency planning hearing. The hearing must be held
on or before the date specified in the plan for expected completion of
the plan; in no case may the hearing be held any later than six months
from the date of the last court order. The court also must fulfill the
remaining requirements of subsections (A) through (F).
After the termination of parental rights hearing, the requirements of
Section 20-7-1574 must be met. Permanency planning hearings must
be held annually, starting with the date of the termination of parental
rights hearing. No further permanency planning hearings may be
required after filing a decree of adoption of the child.
If the court places custody or guardianship with the parent,
extended family member, or suitable nonrelative and a period of
services and supervision is authorized, services and supervision
automatically terminate on the date specified in the court order.
Before the termination date, the department or the guardian ad litem
may file a petition with the court for a review hearing on the status of
the placement. Filing of the petition stays termination of the case
until further order from the court. If the court finds clear and
convincing evidence that the child will be threatened with harm if
services and supervision do not continue, the court may extend the
period of intervention for a specified time. The courts
court's order shall specify the services and supervision
necessary to reduce or eliminate the risk of harm to the child.
If the child is retained in foster care to pursue a plan of independent
living, future permanency planning hearings must be held annually.
If the child is retained in foster care because of special needs or
characteristics of the child as specified in subsection (E)(5), and the
child is ten years of age or under, future permanency planning
hearings must be held every six months to determine whether these
special needs or characteristics still exist or whether another
disposition is appropriate.
If the child is retained in foster care because of special needs or
characteristics of the child specified in subsection (E)(5) and the child
is more than ten years of age, future permanency planning hearings
must be held annually to determine whether these special needs or
characteristics still exist or whether another disposition is appropriate.
(H) All proceedings provided for in this section must be
initiated by filing of a summons and complaint with a supplemental
report attached. The summons, complaint, A supplemental
report must be attached to a motion filed pursuant to subsection (A).
The supplemental report, and notice of the hearing must
be served upon all named parties at least forty ten
days before the hearing."
SECTION 17. Section 20-7-766 of the 1976 Code, as last
amended by Act 450 of 1996, is further amended by adding an
appropriately numbered subsection to read:
"( ) The pendency of an appeal concerning a child in foster
care does not deprive the court of jurisdiction to hear a case pursuant
to this section. The court shall retain jurisdiction to review the status
of the child and may act on matters not affected by the appeal."
SECTION 18. The 1976 Code is amended by adding:
"Section 20-7-768. (A) Beginning on January 1, 1999, or
on the date of compliance with subsection (D), whichever is later, and
on the first day of each month thereafter, each county clerk of court
must make a report to Court Administration concerning each child
protection case pending in family court in which a permanency
planning order has not been filed. The report must include the case
caption, the filing date, and, if applicable, the date of the permanency
planning hearing and the permanency planning order. The clerk is
not required to make a report concerning a case after a permanency
planning order has been filed in the case.
(B) Court Administration must provide the administrative judge of
the family court of each circuit with the information reported
concerning cases pending in the circuit.
(C) On August fifteenth of each year, the Director of Court
Administration must file with the Chief Justice of the South Carolina
Supreme Court, with copies to the Department of Social Services and
the Governor, a written report summarizing the information reported
by the clerks of court pursuant to this section. The report shall
contain, at a minimum, the following information summarized by
county, by circuit, and by state:
(1) The number of new cases brought by the department during
the preceding twelve months; and
(2) The number of cases filed more than twelve months in
which a permanency planning order has not been filed.
The annual report must contain an analysis of the progress of these
cases through the family court, identify impediments to complying
with statutory mandates, and make recommendations for improving
compliance.
(D) No later than January 1, 1999, Court Administration must
institute the use of a separate code to identify child protection cases
in its data systems. However, if the Chief Justice, upon
recommendation of Court Administration, determines that there is a
compelling reason why it is not feasible to institute the use of a
separate code by January 1, 1999, compliance with this subsection
may be deferred for up to twelve months, as necessary, for making
adjustments in the data systems. The date of compliance and the
compelling reason for any delay beyond January 1, 1999, shall be
included in the report required by subsection (E).
(E) Court Administration shall conduct a study of the feasibility of
collecting additional data necessary to monitor and ensure
compliance with statutory time frames for conducting hearings in
DSS cases, and no later than July 1, 1999, shall submit a report to the
Chief Justice, with copies to the Department of Social Services and
the Governor, containing recommendations for instituting the
necessary data collection system."
SECTION 19. The second item of Section 20-7-1572 of the 1976
Code, as last amended by Act 22 of 1997, is further amended to read:
"(2) The child has been removed from the parent pursuant
to Section 20-7-610 or Section 20-7-736, has been out of the
home for a period of six months following the adoption of a
placement plan by court order or by agreement between the
department and the parent, and the parent has not remedied the
conditions which caused the removal;"
SECTION 20. The 1976 Code is amended by adding:
"Section 20-7-1635. (A) When the Department of Social
Services has custody of a child and places that child with a relative
who is licensed to provide foster care, the agency must provide the
same services and financial benefits as provided to other licensed
foster homes. Children placed pursuant to this section are subject to
the permanency planning requirements in Section 20-7-766.
(B) If the department has determined that it is in the best interest
of a child requiring foster care that the child be placed with a relative,
and the relative is not licensed to provide foster care, or if a relative
advises the department that the relative is interested in providing
placement for a child requiring foster care, the department shall
inform the relative of the procedures for obtaining licensure and the
benefits of licensure. The department also shall provide information
and reasonable assistance to a relative seeking a foster care license to
the same extent that it provides this information and assistance to
other persons contacting the department about foster care
licensing."
SECTION 21. Section 20-7-1640(A) of the 1976 Code, as last
amended by Act 164 of 1993, is further amended to read:
"(A) A person applying for licensure as a foster parent and
a person eighteen years of age or older, residing in a home in which
a person has applied to be licensed as a foster parent, must undergo
a state fingerprint review to be conducted by the State Law
Enforcement Division to determine any state criminal history and a
fingerprinting review to be conducted by the Federal Bureau of
Investigation to determine any other criminal history. No person
may be licensed as a foster parent until these fingerprint review have
been conducted and the results submitted to the Department of Social
Service. The Department of Social Services may issue a
temporary license to a person after the favorable completion of the
State Law Enforcement Division fingerprint review if each person
subject to the fingerprinting requirements affirms in writing on a
form provided by the department that he or she has not been
convicted of any crime provided for in Section 20-7-1642. The
temporary license shall be valid until such time as the Federal Bureau
of Investigation results are received by the department, and a
permanent license is issued or denied, unless the department
terminates the temporary license earlier."
SECTION 22. Section 20-7-2376(A) of the 1976 Code, as last
amended by Act 39 of 1987, is further amended to read:
"(A) To review every six months but no less frequently than
once every six months the cases of children who have resided in
public foster care for a period of more than four consecutive months
and to review every six months the cases of children who have
resided in private foster care for a period of more than six
consecutive months to determine what efforts have been made by the
supervising agency or child caring facility to acquire a permanent
home for the child. Following review of a case pursuant to this
section, the local foster care review board shall submit a written
report and recommendations to the court concerning the case. In
order for the report and recommendations of the foster care review
board to be easily identifiable and accessible by the judge, the report
and recommendations must be visually distinct from other
documents in the case file in their coloring or other prominent
aspect. A child's return home for temporary placements, trial
placements, visits, holidays, weekend visits, or changes from one
foster care placement to another must not be construed to mean a
break or lapse in determination of a consecutive four-month period
for children in public foster care or six-month period for children in
private foster care;"
SECTION 23. Section 59-63-31 of the 1976 Code, as added by
Act 163 of 1991, is amended to read:
"Section 59-63-31. (A) Children within the ages
prescribed in Section 59-63-20 also are entitled to attend the public
schools of a school district, without charge, if:
(1) the child resides with one of the following who is a resident
of the school district:
(a) a person who is not the child's parent or legal guardian to
whom the child's custody has been awarded by a court of competent
jurisdiction;
(b) a foster parent or in a residential community-based care
facility licensed by the Department of Social Services or operated by
the Department of Social Services or the Department of Youth
Services Juvenile Justice; or
(c) the child resides with an adult resident of the school
district as a result of:
(i) the death, serious illness, or incarceration of a parent or
legal guardian;
(ii) the relinquishment by a parent or legal guardian of the
complete control of the child as evidenced by the failure to provide
substantial financial support and parental guidance;
(iii) abuse or neglect by a parent or legal guardian;
(iv) the physical or mental condition of a parent or legal
guardian is such that he or she cannot provide adequate care and
supervision of the child; or
(v) a parent's or legal guardian's homelessness, as that term
is defined by Public Law 100-77;
(2) the child is emancipated and resides in the school district; or
(3) the child is homeless or is a child of a homeless individual,
as defined in Public Law 100-77, as amended.
In addition to the above requirements of this section
subsection, the child shall also satisfy the requirements of
Section 59-63-30(d) and (e).
(B) A child between five and twenty-one years of age is
entitled to continue attending a particular public school or a successor
school in the same school district without charge if:
(1) the child has been attending the school or a predecessor
school in the same district prior to being taken into custody by the
Department of Social Services or prior to being moved from one
placement to another by the department;
(2) the Department of Social Services places the child outside
the school district or school attendance zone in a foster home or
residential community-based facility licensed or operated by the
department; and
(3) the Department of Social Services has determined that it is
in the child's best interests for the child to continue attending the
school, and that transportation for the child to and from the school is
reasonably available.
In addition to the requirements of this subsection, the child also
shall satisfy the requirements of Section 59-63-30(d) and
(e)."
SECTION 24. Section 1(C) of Joint Resolution 157 of 1997 is
amended by adding at the end:
"Notwithstanding any other provision of law, the evaluation
provided for in this subsection is the only evaluation or performance
audit of the child protective services system that is required to be
conducted by the department in counties participating in the pilot
project.
The department must take all reasonable steps to ensure that data
collection and reporting requirements and practices of the department
do not interfere with the implementation or evaluation of the pilot
project, or the achievement of the objectives of the pilot project.
Variations in or waivers from statewide data collection and reporting
requirements shall be among the reasonable steps used by the
department. Achievement of the objectives of the pilot project
requires that human resources available for serving the department's
client population be maximized. To this end, data collection,
reporting, and paperwork requirements on local staff shall be reduced
to the extent consistent with state and federal requirements and the
reasonable needs of the agency for data and documentation."
SECTION 25. Section 3(A) of Joint Resolution 157 of 1997 is
amended to read:
"(A) In cases determined to be appropriate for an assessment
track, the department must within twenty-four hours after acceptance
of the report commence an assessment to determine whether or not
the child is an abused or neglected child as defined in Section
20-7-490 of the 1976 Code and, if so, to identify and facilitate the
provision of services to minimize the threat of future abuse and
neglect. This determination must be made within thirty days after
the assessment is commenced forty-five days after
acceptance of the report. If the department determines that
children in the home have not been abused or neglected, the case
must be closed. When closing a case, the department may refer the
family to appropriate service providers or provide written information
to the family concerning problems identified in the assessment. An
assessment does not require an indication of abuse or neglect by the
department or placement of the alleged perpetrator on the Central
Registry of Child Abuse and Neglect."
SECTION 26. This act takes effect upon approval by the
Governor./
Amend title to conform.
C. TYRONE COURTNEY, for Committee.
A BILL
TO AMEND SECTION 19-1-180, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY
CERTAIN CHILDREN, SO AS TO EXPAND THE
ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE
CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY,
OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND
SECTION 20-7-420, AS AMENDED, RELATING TO THE
JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE
THE AUTHORITY TO HEAR AND DETERMINE ACTIONS
CONCERNING CONTROL OF A MINOR, INCLUDING
GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490,
AS AMENDED, RELATING TO DEFINITIONS USED IN
ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY
THESE DEFINITIONS TO OTHER ARTICLES IN THE
CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS
AMENDED, RELATING TO PERSONS REQUIRED TO REPORT
CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT
THE DUTY TO REPORT EXISTS REGARDLESS OF WHO THE
REPORTER BELIEVES TO BE THE PERPETRATOR OF THE
ABUSE; TO AMEND SECTION 20-7-540, AS AMENDED,
RELATING TO IMMUNITY FROM LIABILITY FOR
REPORTING CHILD ABUSE OR NEGLECT, SO AS TO
EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE
IN AN INVESTIGATION OF ABUSE OR NEGLECT; TO AMEND
SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY
OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL
FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE
SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO
ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND
SECTION 20-7-610, AS AMENDED, RELATING TO
EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS
TO REVISE CERTAIN PROCEDURES; TO AMEND SECTION
20-7-618 RELATING TO DETAINMENT OF ABUSED OR
NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS
WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT
SUCH DETAINMENT IS NOT KEEPING A CHILD IN
EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION
20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE
DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH
CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT
THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN
INVESTIGATION OF A CHILD WHO DIED OF ABUSE OR
NEGLECT WITHIN TWENTY-FOUR HOURS UNLESS OTHER
CHILDREN ARE IN THE HOME OR IF THE ALLEGED
PERPETRATOR IS THE PARENT OR GUARDIAN AND TO
REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN
PLACEMENT WITH A RELATIVE; TO AMEND SECTION
20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY
OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS
TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES
WHICH MAY HAVE ACCESS TO THESE REPORTS AND
RECORDS AND TO AUTHORIZE THE DEPARTMENT TO
DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS
IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION
20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN
REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS
TO CHANGE THE TERM "TREATMENT PLAN" TO
"PLACEMENT PLAN"; TO AMEND SECTION
20-7-766, AS AMENDED, RELATING TO THE PERMANENCY
PLANNING HEARING FOR CHILDREN IN FOSTER CARE, SO
AS TO MAKE THE AGE REQUIREMENTS AND INITIATION
PROCEDURES FOR A JUDICIAL STATUS REVIEW
INTERNALLY CONSISTENT WITHIN THE SECTION; TO
AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO
TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD AS A
GROUND FOR TERMINATION, CONVICTION FOR CERTAIN
CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL
DOMESTIC VIOLENCE; TO AMEND SECTION 20-7-2376, AS
AMENDED, RELATING TO FUNCTIONS AND POWERS OF
LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO
REQUIRE THE BOARDS TO SUBMIT TO THE COURT
WRITTEN REPORTS, DISTINCTIVE FROM OTHER
DOCUMENTS IN THE FILE, AND TO AUTHORIZE THE
BOARD TO REQUEST AN EMERGENCY HEARING IF THE
BOARD CONCLUDES THAT THE SAFETY OF A CHILD IS IN
IMMINENT DANGER; TO AMEND SECTION 59-63-31
RELATING TO GROUNDS FOR ATTENDING A PUBLIC
SCHOOL IN A DISTRICT WITHOUT CHARGE IF THE CHILD
IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL
SERVICES, SO AS TO REVISE THESE GROUNDS; TO AMEND
JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT
CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY
THAT THE EVALUATION REQUIRED TO BE CONDUCTED IS
THE ONLY EVALUATION THAT MUST BE PERFORMED BY
THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES
PARTICIPATING IN THE PILOT AND TO EXPAND FROM
THIRTY TO FORTY-FIVE DAYS THE TIME WITHIN WHICH A
DETERMINATION MUST BE MADE FOR A CASE TO BE
REFERRED TO THE PILOT SYSTEM.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 19-1-180(A) of the 1976 Code, as added by
Act 649 of 1988, is amended to read:
"(A) An out-of-court statement made by a child who
is under twelve years of age or who functions cognitively,
adaptively, or developmentally under the age of twelve at the
time of the a family court proceeding brought
pursuant to Section 20-7-610 or 20-7-736 Title 20
concerning an act of alleged abuse or neglect as defined by
Section 20-7-490 that is not otherwise admissible in evidence
is admissible in the family court proceeding if the requirements of
this section are met regardless of whether it would be otherwise
admissible."
SECTION 2. Section 20-7-420 of the 1976 Code, as last amended
by Act 71 of 1997, is further amended by adding an appropriately
numbered item at the end to read:
"( ) To hear and determine actions concerning control of the
person of a minor, including guardianship of the minor."
SECTION 3. That portion of Section 20-7-490 of the 1976 Code
preceding the enumerated items and as last amended by Act 450 of
1996 is further amended to read:
"When used in this article , or in Article 9, Article 11, or
Subarticle 7 of Article 13, and unless the specific context
indicates otherwise:"
SECTION 4. Section 20-7-510(A) of the 1976 Code, as last
amended by Act 450 of 1996, is further amended by adding at the
end:
"If the reporter believes that a child has been abused or
neglected by someone other than the child's parent, guardian, or other
person responsible for the child's welfare, the report must be made to
the appropriate law enforcement agency by the reporter."
SECTION 5. Section 20-7-540 of the 1976 Code, as last amended
by Act 450 of 1996, is further amended to read:
"Section 20-7-540. A person required or permitted to report
pursuant to this article or who participates in an investigation
or judicial proceedings resulting from the report, acting in good
faith, is immune from civil and criminal liability which might
otherwise result by reason of these actions. In all such civil or
criminal proceedings, good faith is rebuttably presumed.
Immunity under this section extends to full disclosure by the
person of facts which gave the person reason to believe that the
child's physical or mental health or welfare had been or might be
adversely affected by abuse or neglect."
SECTION 6. Section 20-7-545 of the 1976 Code, as amended by
Act 101 of 1997, is further amended to read:
"Section 20-7-545. An employee, volunteer, or official of
the Department of Social Services required or authorized to perform
child protective or child welfare-related functions or an
individual with whom the department has contracted to convene
family group conferences or a law enforcement officer required
or authorized to perform child protective or child welfare related
functions is immune from civil or criminal liability which might
otherwise result by reason of acts or omissions within the scope of
the official duties of the employee, volunteer, convener,
officer, or official, so long as the employee, volunteer,
convener, officer, or official acted in good faith and was not
reckless, wilful, wanton, or grossly negligent. In all such civil or
criminal proceedings good faith is rebuttably presumed. This grant
of immunity is cumulative to and does not replace any other
immunity provided under the South Carolina Tort Claims Act."
SECTION 7. Section 20-7-610(A)(1), (I)(2), (M) and (N) of the
1976 Code, as last amended by Act 130 of 1997, is further amended
to read:
"(1) the officer has probable cause to believe that by reason
of abuse or neglect the child's life, health, or physical safety is in
substantial and imminent danger if the child is not taken into
emergency physical custody or emergency protective
custody, and there is not time to apply for a court order
pursuant to Section 20-7-736. When a child is taken into emergency
protective custody following an incident of excessive corporal
punishment, and the only injury to the child is external
lesions or minor bruises, other children in the home shall not be taken
into emergency protective custody solely on account of the injury of
one child through excessive corporal punishment. However, the
officer may take emergency protective custody of other children in
the home if a threat of harm to them is further indicated by factors
including, but not limited to, a prior history of domestic violence or
other abuse in the home, alcohol or drug abuse if known or evident
at the time of the initial contact, or other circumstances indicative of
danger to the children;"
"(2) both the relative or other person with whom the child
is to be placed and the child's parent or guardian have agreed to the
placement, the department may retain physical custody of the child
for no more than five additional days if necessary to enable the
relative or other person to make travel or other arrangements incident
to the placement. A probable cause hearing pursuant to
subsection (M) shall not be held unless the placement fails to occur
as planned within the five-day period or the child's parent or guardian
makes a written request for a hearing to the department. The
department must give the child's parent or guardian written notice of
the right to request a probable cause hearing to obtain a judicial
determination of whether removal of the child from the home was
and remains necessary. Upon receipt of a written request for a
hearing from the child's parent or guardian, the department shall
schedule a hearing for the next date on which the family court is
scheduled to hear probable cause hearings. If the placement
does not occur as planned within the five-day period, the
department immediately must determine whether to assume legal
custody of the child and file a petition as provided in subsection (K).
The department shall assure that the child is given age-appropriate
information about the plans for placement and any subsequent
changes in those plans at the earliest feasible time."
"(M) The family court shall schedule a probable cause
hearing to be held within seventy-two hours of the time the child was
taken into emergency protective custody. If the third day falls upon
a Saturday, Sunday, or holiday, the probable cause hearing must be
held no later than the next working day. If there is no term of court
in the county when the probable cause hearing must be held, the
hearing must be held in another county in the circuit. If there is no
term of family court in another county in the circuit, the probable
cause hearing may be heard in another court in an adjoining circuit.
The probable cause hearing may be conducted by video conference
at the discretion of the judge. At the probable cause hearing, the
family court shall undertake to fulfill the requirements of Section
20-7-110 and shall determine whether there was probable cause for
taking emergency protective custody and for the department to
assume legal custody of the child and shall determine whether
probable cause to retain legal custody of the child remains at the time
of the hearing. At the probable cause hearing, the respondents may
submit affidavits as to facts which are alleged to form the basis of the
removal and to cross-examine the department's witnesses as to
whether there existed probable cause to effect emergency removal.
The hearing on the merits to determine whether removal of
custody is needed, pursuant to Section 20-7-736, must be held within
thirty-five days of the date of receipt of the removal petition. At
the probable cause hearing, the court shall set the time and date for
the hearing on the merits. Because of its jurisdictional nature, the
hearing on the merits may be continued only where exceptional
circumstances exist, and the hearing must be completed within
sixty-five days following receipt of the removal petition. Failure to
hold a hearing on the merits within sixty-five days after the petition
is filed results in a failure of jurisdiction, and the child must be
returned to the custody of the child's parent or guardian. The time
frame for holding the hearing on the merits is a jurisdictional
requirement and may not be waived by any party."
"(N) An order issued as a result of the probable cause
hearing held pursuant to subsection (K) concerning a child of whom
the department has assumed legal custody shall contain a finding by
the court of whether reasonable efforts were made by the department
to prevent removal of the child and a finding of whether continuation
of the child in the home would be contrary to the welfare of the child.
The order shall state:
(1) the services made available to the family before the
department assumed legal custody of the child and how they related
to the needs of the family;
(2) the efforts of the department to provide services to the
family before assuming legal custody of the child;
(3) why the efforts to provide services did not eliminate the
need for the department to assume legal custody;
(4) whether a meeting was convened as provided in subsection
(D), the persons present, and the outcome of the meeting or, if no
meeting was held, the reason for not holding a meeting;
(5) what efforts were made to place the child with a relative
known to the child or in another familiar environment;
(6) whether the efforts to eliminate the need for the department
to assume legal custody were reasonable including, but not limited to,
whether services were reasonably available and timely, reasonably
adequate to address the needs of the family, reasonably adequate to
protect the child and realistic under the circumstances, and whether
efforts to place the child in a familiar environment were reasonable.
If the court finds that reasonable services would not have
allowed the child to remain safely in the home, the court shall find
that removal of the child without services or without further services
was reasonable."
SECTION 8. That portion of Section 20-7-618(A) of the 1976
Code, preceding the enumerated text and as added by Act 450 of
1996, is amended to read:
"A physician or hospital to which a child has been brought for
treatment may detain the child in emergency physical custody
for up to twenty-four hours without the consent of the person
responsible for the child's welfare if the physician or hospital:"
SECTION 9. Section 20-7-650(C) of the 1976 Code, as last
amended by Act 450 of 1996, is further amended by adding at the
end:
"This section does not require the department to investigate
reports of child abuse or neglect which resulted in the death of the
child unless there are other children residing in the home or a resident
of the home is pregnant or the subject of the report is the parent,
guardian, or person responsible for the welfare of another child
regardless of whether that child resides in the home."
SECTION 10. Section 20-7-650(R) of the 1976 Code, as 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. 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 11. Section 20-7-690(B) (6), (7), (13), and (14), (C) and
(D) of the 1976 Code, as last amended by Act 450 of 1996, are
further amended to read:
"(6) a child ten fourteen years of age or
older who is the subject of a report named in a report as
a victim of child abuse or neglect, except in regard to
information that the department may determine to be detrimental to
the emotional well-being of the child;
(7) the parents or guardians of a child who is the subject of a
report named in a report as a victim of child abuse or
neglect;
(13) authorities in other states conducting child abuse and neglect
proceedings or child custody proceedings investigations
or providing child welfare services;
(14) courts in other states conducting child abuse and neglect
investigations or providing child welfare services
proceedings or child custody proceedings;
(C) The department may limit the information disclosed to
individuals and entities named in subsection (B) (13), (14),
(15), (16), (17), (18), and (20) to that information necessary to
accomplish the purposes for which it is requested or for which it is
being disclosed. Nothing in this subsection gives to these entities or
persons the right to review or copy the complete case record.
(D) When a request for access to the record comes from an
individual identified in subsection (A)(B)(5), (6), or
(7) or that person's attorney, the department shall review any reports
from medical care providers and mental health care providers to
determine whether the report contains information that does not
pertain to the case decision, to the treatment needs of the family as a
whole, or to the care of the child. If the department determines that
these conditions exist, before releasing the document, the department
shall provide a written notice identifying the report to the requesting
party and to the person whose treatment or assessment was the
subject of the report. The notice may be mailed to the parties
involved or to their attorneys or it may be delivered in person. The
notice shall state that the department will release the report after ten
days from the date notice was mailed to all parties and that any party
objecting to release may apply to the court of competent jurisdiction
for relief. When a medical or mental health provider or agency
furnishes copies of reports or records to the department and
designates in writing that those reports or records are not to be further
disclosed, the department must not disclose those documents to
persons identified in subsection (A)(B)(5), (6), or (7)
or that person's attorney. The department shall identify to the
requesting party the records or reports withheld pursuant to this
subsection and shall advise the requesting party that he may contact
the medical or mental health provider or agency about release of the
records or reports."
SECTION 12. Section 20-7-690 of the 1976 Code, as last amended
by Act 450 of 1996, is further amended by adding an appropriately
lettered subsection at the end to read:
"( ) The department may disclose to participants in a family
group conference information concerning the child or family or other
relevant information to the extent that the department determines, in
its sole discretion, that the disclosure is necessary to accomplish the
purpose of the family group conference. Participants in the family
group conference must be instructed to maintain the confidentiality
of information disclosed by the agency."
SECTION 13. That portion of Section 20-7-765(A) of the 1976
Code preceding the enumerated items and as added by Act 450 of
1996, is amended to read:
"When the conditions justifying removal pursuant to Section
20-7-736 include the addiction of the parent or abuse by the parent of
controlled substances, the court may require as part of the
treatment placement plan ordered pursuant to Section
20-7-764:"
SECTION 14. Section 20-7-766(G) and (H) of the 1976 Code, as
last amended by Act 450 of 1996, is further amended to read:
"(G) After the permanency planning hearing, if the child is
retained in foster care, future permanency planning hearings must be
conducted in accordance with this subsection.
If the child is retained in foster care and the agency is required to
initiate termination of parental rights proceedings, the termination of
parental rights hearing may serve as the next permanency planning
hearing.
If the child is retained in permanent foster care with an identified
caregiver, no further permanency planning hearings are necessary if
the child is fourteen years of age or older.
If the court ordered extended foster care for the purpose of
reunification with the parent, the court must select a permanent plan
for the child other than another extension for reunification purposes
at the next permanency planning hearing. The hearing must be held
on or before the date specified in the plan for expected completion of
the plan; in no case may the hearing be held any later than six months
from the date of the last court order. The court also must fulfill the
remaining requirements of subsections (A) through (F).
After the termination of parental rights hearing, the requirements of
Section 20-7-1574 must be met. Permanency planning hearings must
be held annually, starting with the date of the termination of parental
rights hearing. No further permanency planning hearings may be
required after filing a decree of adoption of the child.
If the court places custody or guardianship with the parent,
extended family member, or suitable nonrelative and a period of
services and supervision is authorized, services and supervision
automatically terminate on the date specified in the court order.
Before the termination date, the department or the guardian ad litem
may file a petition with the court for a review hearing on the status of
the placement. Filing of the petition stays termination of the case
until further order from the court. If the court finds clear and
convincing evidence that the child will be threatened with harm if
services and supervision do not continue, the court may extend the
period of intervention for a specified time. The courts
court's order shall specify the services and supervision
necessary to reduce or eliminate the risk of harm to the child.
If the child is retained in foster care to pursue a plan of independent
living, future permanency planning hearings must be held annually.
If the child is retained in foster care because of special needs or
characteristics of the child as specified in subsection (E)(5), and the
child is ten years of age or under, future permanency planning
hearings must be held every six months to determine whether these
special needs or characteristics still exist or whether another
disposition is appropriate.
If the child is retained in foster care because of special needs or
characteristics of the child specified in subsection (E)(5) and the child
is more than ten years of age, future permanency planning hearings
must be held annually to determine whether these special needs or
characteristics still exist or whether another disposition is appropriate.
(H) All proceedings provided for in this section must be
initiated by filing of a summons and complaint with a supplemental
report attached. The summons, complaint, A supplemental
report must be attached to a motion filed pursuant to subsection (A).
The supplemental report, and notice of the hearing must
be served upon all named parties at least forty ten
days before the hearing."
SECTION 15. Section 20-7-1572 of the 1976 Code, as last amended
by Act 22 of 1997, is further amended by adding an appropriately
numbered item at the end to read:
"( ) The parent has been convicted of or pled guilty or nolo
contendere to an offense against the person as provided for in Title
16, Chapter 3, criminal domestic violence as defined in Section
16-25-20, criminal domestic violence of a high and aggravated nature
as defined in Section 16-25-65, or the common law offense of assault
and battery of a high and aggravated nature, and the act on which the
conviction or the plea of guilty or nolo contendere was based
involved physical abuse of a child of the parent which resulted in the
child's death or admission to the hospital for in-patient care."
SECTION 16. Section 20-7-2376(A) and (D)-(G) of the 1976 Code,
as last amended by Act 39 of 1987, are further amended to read:
"(A) To review every six months but no less frequently than
once every six months the cases of children who have resided in
public foster care for a period of more than four consecutive months
and to review every six months the cases of children who have
resided in private foster care for a period of more than six
consecutive months to determine what efforts have been made by the
supervising agency or child caring facility to acquire a permanent
home for the child. Following review of a case pursuant to this
section, the local foster care review board shall submit a written
report and recommendations to the court concerning the case. In
order that the report and recommendations of the foster care review
board be easily identifiable and accessible by the judge, they must be
visually distinct from other documents in the case file in their
coloring or other prominent aspect. A child's return home for
temporary placements, trial placements, visits, holidays, weekend
visits, or changes from one foster care placement to another must not
be construed to mean a break or lapse in determination of a
consecutive four-month period for children in public foster care or
six-month period for children in private foster care;"
"(D) To promote and encourage all agencies and facilities
involved in placing children in foster care to place children with
persons suitable and eligible as adoptive parents;
(E) To advise foster parents of their right to petition the family
court for termination of parental rights and for adoption and to
encourage these foster parents to initiate these proceedings in an
appropriate case when it has been determined by the local review
board that return to the natural parent is not in the best interest of the
child;
(F) To recommend that a child caring facility or agency exert all
possible efforts to make arrangements for permanent foster care or
guardianship for children for whom return to natural parents or
adoption is not feasible or possible as determined during a case
review by the local review board;
(G) To report to the state office of the Department of Social
Services and other adoptive or foster care agencies any deficiencies
in these agencies' efforts to secure permanent homes for children
discovered in the local board's review of these cases as provided for
in items (A) and (B) of this section.
Any case findings or recommendations of a local review board are
advisory."
SECTION 17. Section 59-63-31 of the 1976 Code, as added by Act
163 of 1991, is amended to read:
"Section 59-63-31. (A) Children within the ages
prescribed in Section 59-63-20 also are entitled to attend the public
schools of a school district, without charge, if:
(1) the child resides with one of the following who is a resident
of the school district:
(a) a person who is not the child's parent or legal guardian to
whom the child's custody has been awarded by a court of competent
jurisdiction;
(b) a foster parent or in a residential community-based care
facility licensed by the Department of Social Services or operated by
the Department of Social Services or the Department of Youth
Services; or
(c) the child resides with an adult resident of the school
district as a result of:
(i) the death, serious illness, or incarceration of a parent or
legal guardian;
(ii) the relinquishment by a parent or legal guardian of the
complete control of the child as evidenced by the failure to provide
substantial financial support and parental guidance;
(iii) abuse or neglect by a parent or legal guardian;
(iv) the physical or mental condition of a parent or legal
guardian is such that he or she cannot provide adequate care and
supervision of the child; or
(v) a parent's or legal guardian's homelessness, as that term
is defined by Public Law 100-77;
(2) the child is emancipated and resides in the school district; or
(3) the child is homeless or is a child of a homeless individual,
as defined in Public Law 100-77, as amended.
In addition to the above requirements of this section
subsection, the child shall also satisfy the requirements of
Section 59-63-30(d) and (e).
(B) A child within the ages prescribed in Section 59-63-20 is
entitled to continue attending a particular public school or a successor
school in the same school district without charge if:
(1) the child has been attending the school or a predecessor
school prior to being taken into custody by the Department of Social
Services or prior to being moved from one placement to another by
the department;
(2) the Department of Social Services places the child outside
the school district or school attendance zone in a foster home or
residential community-based facility licensed or operated by the
department; and
(3) the Department of Social Services, in its sole discretion, has
determined that it is practicable and in the child's best interest for the
child to continue attending the school.
In addition to the requirements of this subsection, the child also
shall satisfy the requirements of Section 59-63-30(d) and
(e)."
SECTION 18. Section 1(C) of Joint Resolution 157 of 1997 is
amended by adding at the end:
"Notwithstanding any other provision of law, the evaluation
provided for in this subsection is the only evaluation or performance
audit of the child protective services system that is required to be
conducted by the department in counties participating in the
pilot."
SECTION 19. Section 3(A) of Joint Resolution 157 of 1997 is
amended to read:
"(A) In cases determined to be appropriate for an assessment
track, the department must within twenty-four hours after acceptance
of the report commence an assessment to determine whether or not
the child is an abused or neglected child as defined in Section
20-7-490 of the 1976 Code and, if so, to identify and facilitate the
provision of services to minimize the threat of future abuse and
neglect. This determination must be made within thirty days after
the assessment is commenced forty-five days after
acceptance of the report. If the department determines that
children in the home have not been abused or neglected, the case
must be closed. When closing a case, the department may refer the
family to appropriate service providers or provide written information
to the family concerning problems identified in the assessment. An
assessment does not require an indication of abuse or neglect by the
department or placement of the alleged perpetrator on the Central
Registry of Child Abuse and Neglect."
SECTION 20. Section 19-1-180(C) of the 1976 Code, as added by
Act 649 of 1988, is amended by adding at the end:
"If the child is over twelve, the adverse party may challenge
the professional decision that the child functions cognitively,
adaptively, or developmentally under the age of twelve."
SECTION 21. Section 20-7-510(B) of the 1976 Code, as last
amended by Act 450 of 1996, is further amended to read:
"(B) Except as provided in subsection (A), any other
person who has reason to believe that a child's physical or mental
health or welfare has been or may be adversely affected by abuse and
neglect may report in accordance with this section If a
person required to report pursuant to subsection (a) has received
information in the person's professional capacity which gives the
reporter reason to believe that a child's physical or mental health or
welfare has been or may be adversely affected by acts or omissions
that would be child abuse or neglect if committed by a parent,
guardian, or other person responsible for the child's welfare, but the
reporter believes that the act or omission was committed by a person
other than the parent, guardian, or other person responsible for the
child's welfare, the reporter must make a report to the appropriate law
enforcement agency."
SECTION 22. Section 20-7-510 of the 1976 Code, as last amended
by Act 450 of 1996, is further amended by adding at the end:
"(D) The identity of the person making a report
pursuant to this section must be kept in strict confidence by the
agency or department receiving the report and must not be disclosed
except as specifically provided in this chapter.
When the department refers a report to a law enforcement agency
for a criminal investigation, the department must inform the law
enforcement agency of the identity of the person who reported the
suspected child abuse or neglect. The identity of the reporter is
solely for the use of the law enforcement agency in furtherance of the
criminal investigation arising from the report, and the agency must
not disclose the fact that the person was the reporter to any person
other than an employee of the agency who is involved in the criminal
investigation arising from the report. If the reporter testifies in a
criminal proceeding arising from the report, the fact that the reporter
made the report must not be disclosed.
When a law enforcement agency refers a report to the department
for an investigation or other response, the law enforcement agency
must inform the department of the identity of the person who
reported the suspected child abuse or neglect. The department must
not disclose the identity of the reporter to any person except as
authorized by Section 20-7-690."
SECTION 23. The 1976 Code is amended by adding:
"Section 20-7-1630. (A) When the Department of Social
Services holds custody of a child and places that child with a relative
who is a licensed foster home, the agency must provide the same
services and financial benefits provided to other licensed foster
homes. Children placed pursuant to this section are subject to
Section 20-7-766 requirements for permanency planning.
(B) If a relative of a child requiring foster care is not licensed to
provide foster care, the department shall inform the relative of the
procedures for obtaining licensure and the benefits of licensure and
shall reasonably assist the relative with the licensing process."
SECTION 24. This act takes effect upon approval by the Governor.
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