H*4767(Rat #0604, Act #0512)  General Bill, By Neilson, Bailey, J.J. Bailey, 
D.W. Beatty, Breeland, Canty, Cobb-Hunter, R.S. Corning, Davenport, R.C. Fulmer, 
S.E. Gonzales, Govan, H.M. Hallman, J.L. Harris, Harrison, J. Hines, Inabinett, 
Koon, Littlejohn, McCraw, McKay, Moody-Lawrence, Phillips, Quinn, Richardson, 
Riser, T.F. Rogers, I.K. Rudnick, Scott, Spearman, Stille, C.L. Sturkie, 
P.H. Thomas, Vaughn, C.Y. Waites, Walker, L.S. Whipper and Wilder
 A Bill to amend Section 20-7-100, Code of Laws of South Carolina, 1976,
 relating to rights and duties of parents in regard to their minor children, so
 as to provide that parents have equal access to educational and medical
 records of their minor children; to delete provisions relating to the
 determination of guardianship and the common-law obligation to support
 children; and to delete provisions that prohibit a mother's liability for
 supporting her children from being increased under this Section.-amended title

   02/17/94  House  Introduced and read first time HJ-12
   02/17/94  House  Referred to Committee on Judiciary HJ-12
   04/20/94  House  Committee report: Favorable with amendment
                     Judiciary HJ-6
   05/05/94  House  Amended HJ-20
   05/05/94  House  Read second time HJ-20
   05/10/94  House  Read third time and sent to Senate HJ-18
   05/11/94  Senate Introduced and read first time SJ-67
   05/11/94  Senate Referred to Committee on Judiciary SJ-67
   05/18/94  Senate Committee report: Favorable Judiciary SJ-35
   05/24/94  Senate Read second time SJ-66
   05/25/94  Senate Read third time and enrolled SJ-14
   06/02/94         Ratified R 604
   08/31/94         Signed By Governor
   08/31/94         Effective date 08/31/94
   09/14/94         Copies available

AN ACT TO AMEND SECTION 20-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT PARENTS HAVE EQUAL ACCESS TO EDUCATIONAL AND MEDICAL RECORDS OF THEIR MINOR CHILDREN; TO DELETE PROVISIONS RELATING TO THE DETERMINATION OF GUARDIANSHIP AND THE COMMON-LAW OBLIGATION TO SUPPORT CHILDREN; AND TO DELETE PROVISIONS THAT PROHIBIT A MOTHER'S LIABILITY FOR SUPPORTING HER CHILDREN FROM BEING INCREASED UNDER THIS SECTION.

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

Parental equality of rights, responsibilities, and duties; equal access to records

SECTION 1. Section 20-7-100 of the 1976 Code is amended to read:

"Section 20-7-100. The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child."

Time effective

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

Approved the 31st day of August, 1994.