H 4024 Session 111 (1995-1996)
H 4024 General Bill, By Davenport
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
20-7-657 so as to provide that the Department of Social Services shall notify
a person of his rights when the person is identified as the perpetrator in an
alleged case of abuse or neglect; to prohibit the Department from contacting a
minor family member of the subject of a report of abuse or neglect unless the
child's parents consent; and to authorize attorney's fees to an alleged
perpetrator of abuse or neglect when the report is determined to be unfounded.
04/12/95 House Introduced and read first time HJ-22
04/12/95 House Referred to Committee on Judiciary HJ-23
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 20-7-657 SO AS TO PROVIDE
THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL
NOTIFY A PERSON OF HIS RIGHTS WHEN THE PERSON IS
IDENTIFIED AS THE PERPETRATOR IN AN ALLEGED CASE
OF ABUSE OR NEGLECT; TO PROHIBIT THE DEPARTMENT
FROM CONTACTING A MINOR FAMILY MEMBER OF THE
SUBJECT OF A REPORT OF ABUSE OR NEGLECT UNLESS
THE CHILD'S PARENTS CONSENT; AND TO AUTHORIZE
ATTORNEY'S FEES TO AN ALLEGED PERPETRATOR OF
ABUSE OR NEGLECT WHEN THE REPORT IS DETERMINED
TO BE UNFOUNDED.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-657. (A) Upon contacting the alleged
perpetrator in a report of alleged abuse or neglect, the department
shall inform the person of the person's rights under the law
including the right to be represented in the matter by an attorney.
(B) In conducting the investigation of a report of alleged abuse
or neglect, the department may not contact a family member of the
subject of the report if the family member is a child under the age
of eighteen unless a parent, custodian, or guardian of the child
consents.
(C) Following an investigation of a report of alleged abuse or
neglect if the case is determined by the department or court to be
unfounded, the court may award attorney's fees to the alleged
perpetrator."
SECTION 2. This act takes effect upon approval by the
Governor.
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