H 3464 General Bill, By J.T. McElveen, J.J. Bailey, D.W. Beatty, Cobb-Hunter, 
W.S. Houck, Inabinett, Kennedy, W.D. Keyserling, J.G. Mattos and M. McLeod
 A Bill to enact the "Responsible Parenting Act of 1993" by adding Section
 43-5-67, Code of Laws of South Carolina, 1976, so as to require birth control
 counseling for recipients of Aid to Families with Dependent Children (AFDC);
 to provide the option for a woman on AFDC to receive Norplant or a similar
 device at State expense; to prohibit an increase in AFDC payments to a family
 in which the birth control device was not chosen and in which a child
 subsequently was born; to provide that a family that discontinues receiving
 AFDC may not include additional children in its family size when reapplying
 for benefits unless the family did not receive benefits for twenty-four
 months; to provide that a child not included in the family size pursuant to
 this Section may receive Medicaid if otherwise entitled; to provide that a
 family may not be penalized if the woman chose to have Norplant or a similar
 device and a pregnancy resulted; to provide immunity to the State; to provide
 that the State Department of Social Services may promulgate regulations; to
 provide requirements for families currently on AFDC; to direct the State
 Department of Social Services to apply for waiver if necessary to implement
 this Act without a financial penalty; and to provide that this Act does not
 take effect if the waiver is denied unless approved by the General Assembly in
 the next Appropriations Act.

   02/11/93  House  Introduced and read first time HJ-2
   02/11/93  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-3
   02/08/94  House  Tabled in committee

A BILL

TO ENACT THE "RESPONSIBLE PARENTING ACT OF 1993" BY ADDING SECTION 43-5-67, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE BIRTH CONTROL COUNSELING FOR RECIPIENTS OF AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC); TO PROVIDE THE OPTION FOR A WOMAN ON AFDC TO RECEIVE NORPLANT OR A SIMILAR DEVICE AT STATE EXPENSE; TO PROHIBIT AN INCREASE IN AFDC PAYMENTS TO A FAMILY IN WHICH THE BIRTH CONTROL DEVICE WAS NOT CHOSEN AND IN WHICH A CHILD SUBSEQUENTLY WAS BORN; TO PROVIDE THAT A FAMILY THAT DISCONTINUES RECEIVING AFDC MAY NOT INCLUDE ADDITIONAL CHILDREN IN ITS FAMILY SIZE WHEN REAPPLYING FOR BENEFITS UNLESS THE FAMILY DID NOT RECEIVE BENEFITS FOR TWENTY-FOUR MONTHS; TO PROVIDE THAT A CHILD NOT INCLUDED IN THE FAMILY SIZE PURSUANT TO THIS SECTION MAY RECEIVE MEDICAID IF OTHERWISE ENTITLED; TO PROVIDE THAT A FAMILY MAY NOT BE PENALIZED IF THE WOMAN CHOSE TO HAVE NORPLANT OR A SIMILAR DEVICE AND A PREGNANCY RESULTED; TO PROVIDE IMMUNITY TO THE STATE; TO PROVIDE THAT THE STATE DEPARTMENT OF SOCIAL SERVICES MAY PROMULGATE REGULATIONS; TO PROVIDE REQUIREMENTS FOR FAMILIES CURRENTLY ON AFDC; TO DIRECT THE STATE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR A WAIVER IF NECESSARY TO IMPLEMENT THIS ACT WITHOUT A FINANCIAL PENALTY AND TO PROVIDE THAT THIS ACT DOES NOT TAKE EFFECT IF THE WAIVER IS DENIED UNLESS APPROVED BY THE GENERAL ASSEMBLY IN THE NEXT APPROPRIATIONS ACT.

Whereas, the welfare system was developed in our country to assist families unable to provide for their basic needs and to provide a foundation for families to better themselves; and Whereas, this system has often failed to be the springboard to self-sufficiency and independence it was thought to be; and

Whereas, too many families and even generations of families have grown increasingly dependent on the welfare system and unable to break the welfare cycle; and

Whereas, welfare policy should promote pride, responsibility, and independence and should assist families in breaking the welfare cycle rather than rewarding continuation in the system; and

Whereas, a growth in family size and the commensurate increase in benefits makes it more difficult for families to escape the grips of welfare; and

Whereas, nonwelfare families receive no increase in their incomes for increasing family size; and

Whereas, removing incentives that may exist for increasing family size while on welfare and thereby aiding families in leaving welfare is a policy that is both practical and compassionate. Now, therefore,

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

SECTION 1. This act may be cited as the "Responsible Parenting Act of 1993".

SECTION 2. The 1976 Code is amended by adding:

"Section 43-5-67. (A) Before a family qualified to receive Aid to Families with Dependent Children (AFDC) may receive benefits the mother and the father if living in the home, must be counseled on the responsibilities of parenthood and on birth control options, including abstinence. At the conclusion of the counseling the mother must be given the opportunity to choose whether or not to receive Norplant or a similar reversible birth control device that prevents pregnancy for a period of time comparable to Norplant, the expense of which must be borne by the State. The mother and the father if he participated in the counseling, must sign a statement that counseling was received and whether or not Norplant or a similar device was chosen. Other family planning options must be discussed with and made available at state expense to a woman who, due to a medical reason certified by a licensed physician, is unable to have Norplant or a similar device.

(B) If a child is born into a family in which the mother chose not to have Norplant or a similar device implanted, as provided for in subsection (A), this family may not include this child in the family size for the purpose of determining the amount of AFDC the family is to receive and therefore may not receive the increase in AFDC payments that the family would otherwise be entitled to.

(C) A family that discontinues receiving AFDC benefits for any reason and who subsequently reapplies for benefits may not include any more children in the family size for the purpose of determining the amount of AFDC the family is to receive than were included in the family size at the time the family discontinued receiving benefits, unless the family did not receive AFDC for twenty-four months or more.

(D) A child not included in the family size for the purpose of determining the amount of AFDC benefits a family may receive pursuant to this section may receive Medicaid if the child is otherwise entitled.

(E) No family may be penalized under this section if the mother received Norplant or a similar device and the Norplant or similar device failed to prevent a pregnancy.

(F) The State is immune from any liability that may arise as a result of a woman choosing Norplant or a similar birth control device pursuant to this section.

(G) The Department of Social Services shall carry out the provisions of this section including developing the necessary forms to be used and may promulgate regulations if necessary.

SECTION 3. A woman receiving or who has been determined eligible to receive Aid to Families with Dependent Children benefits as of this act's effective date shall receive counseling and satisfy the other requirements of Section 43-5-67(A), as added by Section 2 of this act, within six months of this act's effective date in order to continue to receive Aid to Families with Dependent Children benefits. However, a woman receiving or who has been determined eligible to receive Aid to Families with Dependent Children benefits as of this act's effective date who is pregnant as of this act's effective date or at the time she is to receive counseling and satisfy the other requirements of Section 43-5-67(A) must receive counseling and satisfy these requirements within one week after giving birth to this child in order to continue receiving Aid to Families with Dependent Children benefits.

SECTION 4. If it is necessary to obtain a waiver from the federal government to implement this act without the risk of a substantial monetary sanction, the Department of Social Services shall immediately proceed to prepare and apply for the waiver. However, if the waiver is denied, this act does not become effective unless the General Assembly in its next appropriations act after the denial approves the implementation of this act.

SECTION 5. This act takes effect upon approval by the Governor.