H 4359 General Bill, By Lanford, Bailey, B.D. Cain, R.J. Herdklotz, Law, 
Seithel and Simrill
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 20-7-567 so as to create a misdemeanor for knowingly making a false report of
 abuse or neglect and to provide penalties; to amend Section 20-7-540, relating
 to immunity from liability for good faith reporting of child abuse and
 neglect, so as to provide that there is no immunity if a person does not act
 in good faith; and to amend Section 20-7-690, as amended, relating to
 confidentiality of abuse and neglect reports and records, so as to allow the
 release of information identifying a reporter when the court finds probable
 cause that the reporter was not acting in good faith.

   12/13/95  House  Prefiled
   12/13/95  House  Referred to Committee on Judiciary
   01/09/96  House  Introduced and read first time HJ-66
   01/09/96  House  Referred to Committee on Judiciary HJ-66

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-567 SO AS TO CREATE A MISDEMEANOR FOR KNOWINGLY MAKING A FALSE REPORT OF ABUSE OR NEGLECT AND TO PROVIDE PENALTIES; TO AMEND SECTION 20-7-540, RELATING TO IMMUNITY FROM LIABILITY FOR GOOD FAITH REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THERE IS NO IMMUNITY IF A PERSON DOES NOT ACT IN GOOD FAITH; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO ALLOW THE RELEASE OF INFORMATION IDENTIFYING A REPORTER WHEN THE COURT FINDS PROBABLE CAUSE THAT THE REPORTER WAS NOT ACTING IN GOOD FAITH.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 20-7-567. (A) It is unlawful to knowingly make a false report of abuse or neglect.

(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned not more than ninety days, or both."

SECTION 2. Section 20-7-540 of the l976 Code is amended to read:

"Section 20-7-540. (A) Any A person required or permitted to report pursuant to this article or who participates in judicial proceedings resulting therefrom from a report, acting in good faith, shall be is immune from civil and criminal liability which might otherwise result by reason of such these actions. In all such civil or criminal proceedings good faith shall be is rebuttably presumed. A person making a report or participating in judicial proceedings resulting from a report who does not act in good faith or who does so maliciously without a reasonable basis to believe the truth of the information reported or who acts with the intent to hurt the child, the child's family, or the person who is the subject of a report is not immune from civil or criminal liability.

(B) A person aggrieved by a false or inaccurate report may petition the family court to determine if there is probable cause to believe that the reporter was not acting in good faith. If probable cause is found, the confidentiality requirements as to a reporter found in Section 20-7-690(D) do not apply."

SECTION 3. Section 20-7-690(D) of the 1976 Code is amended to read:

"(D) Any A person who is the subject of a report made pursuant to this article immediately must be immediately notified of the fact that his name has been recorded by the State Department of Social Services, the local child protective services agency, and, if applicable, the Central Registry of Child Abuse and Neglect. He The person also must also be informed of the findings of the investigation and whether or not his name has been destroyed in accordance with this article. Any A person who is the subject of a report must be informed of his right to inspect the report and any substantiating data or evidence and his right to challenge any part of its contents. The only details of the report which must be withheld from the subject's knowledge or inspection are the name, address, occupation, and all other identifying characteristics of the reporter.; except that these details must not be withheld if the family court finds that there is probable cause to believe that the reporter was not acting in good faith."

SECTION 4. This act takes effect upon approval by the Governor.