S*0227(Rat #0165, Act #0168 of 2005)  General Bill, By Fair, Campsen and 
Leventis

Similar(S 303, H 3222)
 AN ACT TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS
 REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED OF
 THE BIOLOGICAL PARENT OF A CHILD CONCEIVED AS A RESULT OF THAT PARENT'S
 CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND SECTION 20-7-1572, AS AMENDED,
 RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT
 CONCEPTION OF A CHILD AS A RESULT OF CRIMINAL SEXUAL CONDUCT IS A GROUND FOR
 TERMINATION OF PARENTAL RIGHTS EXCEPT IN THE CASE OF CONSENSUAL SEXUAL
 CONDUCT. - ratified title

   01/12/05  Senate Introduced and read first time SJ-21
   01/12/05  Senate Referred to Committee on Judiciary SJ-21
   03/30/05  Senate Committee report: Favorable with amendment
                     Judiciary SJ-17
   03/31/05  Senate Amended SJ-21
   03/31/05  Senate Read second time SJ-21
   03/31/05         Scrivener's error corrected
   04/05/05  Senate Read third time and sent to House SJ-13
   04/06/05  House  Introduced and read first time HJ-13
   04/06/05  House  Referred to Committee on Judiciary HJ-13
   05/18/05  House  Committee report: Favorable with amendment
                     Judiciary HJ-142
   05/19/05         Scrivener's error corrected
   05/24/05  House  Amended HJ-37
   05/24/05  House  Read second time HJ-40
   05/25/05  House  Read third time and returned to Senate with
                     amendments HJ-23
   06/01/05  Senate House amendment amended SJ-65
   06/01/05  Senate Returned to House with amendments SJ-65
   06/02/05  House  Concurred in Senate amendment and enrolled HJ-17
   06/02/05         Ratified R 165
   06/07/05         Signed By Governor
   06/13/05         Copies available
   06/13/05         Effective date 06/07/05
   06/30/05         Act No. 168

(A168, R165, S227)

AN ACT TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED OF THE BIOLOGICAL PARENT OF A CHILD CONCEIVED AS A RESULT OF THAT PARENT'S CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT CONCEPTION OF A CHILD AS A RESULT OF CRIMINAL SEXUAL CONDUCT IS A GROUND FOR TERMINATION OF PARENTAL RIGHTS EXCEPT IN THE CASE OF CONSENSUAL SEXUAL CONDUCT.

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

Act citation

SECTION    1.    This act may be cited as "Autumn's Law".

When consent and relinquishment not required

SECTION    2.    Section 20-7-1695(A) of the 1976 Code, as last amended by Act 653 of 1988, is amended to read:

"(A)    Notwithstanding the provisions of Section 20-7-1690, consent or relinquishment for the purpose of adoption is not required of the following persons:

(1)    a parent whose rights with reference to the adoptee have been terminated pursuant to subarticle 3, Article 11, Chapter 7 of Title 20;

(2)    a parent whom the family court finds to be mentally incapable of giving consent or relinquishment for the purpose of adoption and whom the court finds to be unlikely to provide minimally acceptable care of the adoptee and whose capacity is unlikely to be restored for a reasonable period of time, and, in the court's judgment, it would be detrimental to the adoptee to delay adoption. The court shall appoint a guardian ad litem for an incompetent parent for whom there has been no prior appointment and shall appoint independent counsel for an incompetent parent who is indigent. However, upon good cause shown, the court may waive the requirement for the appointment of independent counsel for an incompetent and indigent parent;

(3)    the biological parent of a child conceived as a result of that parent's criminal sexual conduct or incest as found by a court of competent jurisdiction unless, with respect to a conviction for criminal sexual conduct, the sentencing court makes specific findings on the record that the conviction resulted from consensual sexual conduct where neither the victim nor the actor were younger than fourteen years of age nor older than eighteen years of age at the time of the offense."

Grounds for terminating parental rights

SECTION    3.    Section 20-7-1572 of the 1976 Code, as last amended by Act 181 of 2004, is amended by adding an appropriately numbered item at the end to read:

"( )    conception of a child as a result of the criminal sexual conduct of a biological parent, as found by a court of competent jurisdiction, is grounds for terminating the rights of that biological parent, unless the sentencing court makes specific findings on the record that the conviction resulted from consensual sexual conduct where neither the victim nor the actor were younger than fourteen years of age nor older than eighteen years of age at the time of the offense."

Time effective

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

Ratified the 2nd day of June, 2005.

Approved the 7th day of June, 2005.