H*4344(Rat #0598, Act #0481 of 1992)  General Bill, By Bailey
 A Bill to amend Section 19-1-180, Code of Laws of South Carolina, 1976,
 relating to the admissibility of certain out-of-court statements by children
 in abuse or neglect proceedings, so as to provide that the statements are
 admissible if the parents of the child are separated or divorced if one of the
 parents is the alleged perpetrator of the abuse and the allegation of abuse
 was made after the parents separated or divorced to certain law enforcement,
 school, or counselor professionals.-amended title

   02/04/92  House  Introduced and read first time HJ-18
   02/04/92  House  Referred to Committee on Judiciary HJ-18
   03/25/92  House  Committee report: Favorable Judiciary HJ-9
   04/01/92  House  Read second time HJ-48
   04/02/92  House  Read third time and sent to Senate HJ-15
   04/06/92  Senate Introduced and read first time SJ-11
   04/06/92  Senate Referred to Committee on Judiciary SJ-11
   05/27/92  Senate Recalled from Committee on Judiciary SJ-20
   05/27/92  Senate Amended SJ-20
   05/27/92  Senate Read second time SJ-21
   05/27/92  Senate Ordered to third reading with notice of
                     amendments SJ-21
   05/28/92  Senate Read third time and returned to House with
                     amendments SJ-22
   06/03/92  House  Concurred in Senate amendment and enrolled HJ-116
   06/04/92         Ratified R 598
   06/23/92         Signed By Governor
   06/23/92         Effective date 06/23/92
   06/23/92         Act No. 481
   07/09/92         Copies available

AN ACT TO AMEND SECTION 19-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF CERTAIN OUT-OF-COURT STATEMENTS BY CHILDREN IN ABUSE OR NEGLECT PROCEEDINGS, SO AS TO PROVIDE THAT THE STATEMENTS ARE ADMISSIBLE IF THE PARENTS OF THE CHILD ARE SEPARATED OR DIVORCED IF ONE OF THE PARENTS IS THE ALLEGED PERPETRATOR OF THE ABUSE AND THE ALLEGATION OF ABUSE WAS MADE AFTER THE PARENTS SEPARATED OR DIVORCED TO CERTAIN LAW ENFORCEMENT, SCHOOL, OR COUNSELOR PROFESSIONALS.

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

Admissibility when alleged perpetrator is separated or divorced parent

SECTION 1. Section 19-1-180(G) of the 1976 Code is amended to read:

"(G) If the parents of the child are separated or divorced, the hearsay statement shall be inadmissible if (1) one of the parents is the alleged perpetrator of the alleged abuse or neglect and (2) the allegation was made after the parties separated or divorced. Notwithstanding this subsection, a statement alleging abuse or neglect made by a child to a law enforcement official, an officer of the court, a licensed family counselor or therapist, a physician or other health care provider, a teacher, a school counselor, a Department of Social Services staff member, or to a child care worker in a regulated child care facility is admissible under this section."

Time effective

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

Approved the 23rd day of June, 1992.