H*3710 Session 107 (1987-1988)
H*3710(Rat #0771, Act #0653 of 1988) General Bill, By Wilkins, D.M. Beasley,
Fair and Hayes
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
20-7-1736 so as to provide for the use of fictitious names in adoption
records; and to amend Section 20-7-420, relating to the jurisdiction of the
Family Court in domestic matters, so as to provide for the court to hear and
determine actions related to adoption as well as for adoption; Section
20-7-1650, relating to definitions pertaining to adoption, so as to delete the
reference to the Children's Bureau and the definition of "legal age", revise
the definitions of "child placing agency", "consent", and "relinquishment",
and define "court"; Section 20-7-1670, relating to persons who may petition
for adoption, so as to delete the requirement that specific findings of fact
must exist for adoption by a nonresident, provide for the judicial
determinations that must be made before a child is placed for adoption by a
nonresident, and provide for a petition to be brought before birth or
placement in an adoption by a nonresident, and provide for the requirements of
the court order ruling on the petition, including specific findings of fact;
Section 20-7-1680, relating to jurisdiction of adoption proceedings, so as to
provide for the proceedings to be brought in the county in which the child is
born; Section 20-7-1690, relating to consent or relinquishment for adoption,
so as to revise the circumstances under which consent or relinquishment is
required and under which costs may be assessed and payment made for the
purpose of adoption; Section 20-7-1695, relating to persons from whom consent
or relinquishment for adoption is not required, so as to delete the provisions
for a parent who has been adjudged incompetent, provide for a parent who is
unlikely to provide minimally acceptable care, provide for the appointment of
a guardian ad litem for an incompetent parent, provide for the appointment of
independent counsel for an indigent and incompetent parent which may be
waived, and provide for relinquishment to a person facilitating the adoption;
Section 20-7-1700, relating to the form and content of consent or
relinquishment, so as to provide for it to specify whether counseling is
needed or required and that there is no duress or coercion instead of no
pressure and delete the requirement that it be freely given; Section
20-7-1705, relating to the signing of the consent or relinquishment, so as to
change the reference to the Children's Bureau to the Department of Social
Services, provide for the determinations which must be made for a consent or
relinquishment obtained outside of this State to be valid in South Carolina,
provide for signing of the certification to the document giving consent or
relinquishment, and provide for consent or relinquishment to be given without
duress or coercion instead of knowingly, intentionally, and freely; Section
20-7-1730, relating to the filing of the adoption petition, consent or
relinquishment, and postplacement investigation, so as to revise the
requirements as to which reports and documents must be filed at the time the
adoption petition is filed, unless good cause is shown; Section 20-7-1732,
relating to the appointment of a guardian ad litem, so as to delete the
requirement that the appointment must occur after the filing of the adoption
petition, provide for appointment before a hearing on the adoption or related
matters, and provide for service of the petition upon the adoptee; Section
20-7-1734, relating to notice of adoption proceedings, so as to require the
filing of the reasons for contesting, intervening, or otherwise responding to
an adoption; Section 20-7-1740, as amended, relating to adoption
investigations and reports, so as to revise the requirements in a preplacement
and postplacement investigation and provide for updating of the preplacement
investigation report before the placement of the child instead of one year
from the initial report and every six months; Section 20-7-1750, relating to
certification of persons who conduct investigations or obtain certain consents
or relinquishments for adoption, so as to change the references to Children's
Bureau to Department of Social Services; Section 20-7-1760, relating to final
adoption hearings, so as to provide for extending or shortening the time of
the hearing for a special needs child and for the court to modify the time of
the hearing even when the petitioner has had custody of the adoptee for ninety
days; Section 20-7-1775, relating to disbursements by or on behalf of the
adoption petitioner, so as to provide for an accounting of expenses incurred
or fees for services rendered; and Section 20-7-1780, as amended, relating to
the confidentiality of hearings and records, so as to provide for the Section
to apply to files and records maintained by any person certified by the
Department of Social Services; Section 20-7-1820, as amended, relating to the
adoption of a spouse's child and a child related by blood or marriage, so as
to provide for the court to waive the requirement of the appointment of
independent counsel; and Section 16-3-1060, relating to the compensation for
the relinquishment of a child for adoption, so as to prohibit the selling or
buying of a minor child and the receiving or paying of any thing of value for
relinquishment and provide for the circumstances under which costs may be
assessed; and to provide for adoption proceedings in progress and not
completed before this Act's effective date to be carried to conclusion
pursuant to the provisions as they existed before amendment, unless the
proceedings are revised to conform and to define "proceedings in
progress".-amended title
02/09/88 House Introduced and read first time HJ-989
02/09/88 House Referred to Committee on Judiciary HJ-991
03/02/88 House Committee report: Favorable with amendment
Judiciary HJ-1684
03/08/88 House Amended HJ-1818
03/08/88 House Read second time HJ-1818
03/09/88 House Read third time and sent to Senate HJ-1841
03/10/88 Senate Introduced and read first time SJ-29
03/10/88 Senate Referred to Committee on Judiciary SJ-29
05/25/88 Senate Committee report: Favorable with amendment
Judiciary SJ-35
05/26/88 Senate Read second time SJ-68
05/26/88 Senate Ordered to third reading with notice of
amendments SJ-68
05/31/88 Senate Amended SJ-51
05/31/88 Senate Read third time SJ-57
05/31/88 Senate Returned SJ-57
06/01/88 House Concurred in Senate amendment and enrolled HJ-4473
06/02/88 Ratified R 771
06/07/88 Signed By Governor
06/07/88 Effective date 06/07/88
06/07/88 Act No. 653
06/07/88 See act for exception to or explanation of
effective date
06/16/88 Copies available
(A653, R771, H3710)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
20-7-1736 SO AS TO PROVIDE FOR THE USE OF FICTITIOUS NAMES IN ADOPTION RECORDS;
AND TO AMEND SECTION 20-7-420, RELATING TO THE JURISDICTION OF THE FAMILY COURT
IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR THE COURT TO HEAR AND DETERMINE ACTIONS
RELATED TO ADOPTION AS WELL AS FOR ADOPTION; SECTION 20-7-1650, RELATING TO
DEFINITIONS PERTAINING TO ADOPTION, SO AS TO DELETE THE REFERENCE TO THE
CHILDREN'S BUREAU AND THE DEFINITION OF "LEGAL AGE", REVISE THE
DEFINITIONS OF "CHILD PLACING AGENCY", "CONSENT", AND
"RELINQUISHMENT", AND DEFINE "COURT"; SECTION 20-7-1670,
RELATING TO PERSONS WHO MAY PETITION FOR ADOPTION, SO AS TO DELETE THE
REQUIREMENT THAT SPECIFIC FINDINGS OF FACT MUST EXIST FOR ADOPTION BY A
NONRESIDENT, PROVIDE FOR THE JUDICIAL DETERMINATIONS THAT MUST BE MADE BEFORE A
CHILD IS PLACED FOR ADOPTION BY A NONRESIDENT, AND PROVIDE FOR A PETITION TO BE
BROUGHT BEFORE BIRTH OR PLACEMENT IN AN ADOPTION BY A NONRESIDENT, AND PROVIDE
FOR THE REQUIREMENTS OF THE COURT ORDER RULING ON THE PETITION, INCLUDING
SPECIFIC FINDINGS OF FACT; SECTION 20-7-1680, RELATING TO JURISDICTION OF
ADOPTION PROCEEDINGS, SO AS TO PROVIDE FOR THE PROCEEDINGS TO BE BROUGHT IN THE
COUNTY IN WHICH THE CHILD IS BORN; SECTION 20-7-1690, RELATING TO CONSENT OR
RELINQUISHMENT FOR ADOPTION, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH
CONSENT OR RELINQUISHMENT IS REQUIRED AND UNDER WHICH COSTS MAY BE ASSESSED AND
PAYMENT MADE FOR THE PURPOSE OF ADOPTION; SECTION 20-7-1695, RELATING TO PERSONS
FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS NOT REQUIRED, SO AS TO DELETE
THE PROVISIONS FOR A PARENT WHO HAS BEEN ADJUDGED INCOMPETENT, PROVIDE FOR A
PARENT WHO IS UNLIKELY TO PROVIDE MINIMALLY ACCEPTABLE CARE, PROVIDE FOR THE
APPOINTMENT OF A GUARDIAN AD LITEM FOR AN INCOMPETENT PARENT, PROVIDE FOR THE
APPOINTMENT OF INDEPENDENT COUNSEL FOR AN INDIGENT AND INCOMPETENT PARENT WHICH
MAY BE WAIVED, AND PROVIDE FOR RELINQUISHMENT TO A PERSON FACILITATING THE
ADOPTION; SECTION 20-7-1700, RELATING TO THE FORM AND CONTENT OF CONSENT OR
RELINQUISHMENT, SO AS TO PROVIDE FOR IT TO SPECIFY WHETHER COUNSELING IS NEEDED
OR REQUIRED AND THAT THERE IS NO DURESS OR COERCION INSTEAD OF NO PRESSURE AND
DELETE THE REQUIREMENT THAT IT BE FREELY GIVEN; SECTION 20-7-1705, RELATING TO
THE SIGNING OF THE CONSENT OR RELINQUISHMENT, SO AS TO CHANGE THE REFERENCE TO
THE CHILDREN'S BUREAU TO THE DEPARTMENT OF SOCIAL SERVICES, PROVIDE FOR THE
DETERMINATIONS WHICH MUST BE MADE FOR A CONSENT OR RELINQUISHMENT OBTAINED
OUTSIDE OF THIS STATE TO BE VALID IN SOUTH CAROLINA, PROVIDE FOR SIGNING OF THE
CERTIFICATION TO THE DOCUMENT GIVING CONSENT OR RELINQUISHMENT, AND PROVIDE FOR
CONSENT OR RELINQUISHMENT TO BE GIVEN WITHOUT DURESS OR COERCION INSTEAD OF
KNOWINGLY, INTENTIONALLY, AND FREELY; SECTION 20-7-1730, RELATING TO THE FILING
OF THE ADOPTION PETITION, CONSENT OR RELINQUISHMENT, AND POSTPLACEMENT
INVESTIGATION, SO AS TO REVISE THE REQUIREMENTS AS TO WHICH REPORTS AND DOCUMENTS
MUST BE FILED AT THE TIME THE ADOPTION PETITION IS FILED, UNLESS GOOD CAUSE IS
SHOWN; SECTION 20-7-1732, RELATING TO THE APPOINTMENT OF A GUARDIAN AD LITEM, SO
AS TO DELETE THE REQUIREMENT THAT THE APPOINTMENT MUST OCCUR AFTER THE FILING OF
THE ADOPTION PETITION, PROVIDE FOR APPOINTMENT BEFORE A HEARING ON THE ADOPTION
OR RELATED MATTERS, AND PROVIDE FOR SERVICE OF THE PETITION UPON THE ADOPTEE;
SECTION 20-7-1734, RELATING TO NOTICE OF ADOPTION PROCEEDINGS, SO AS TO REQUIRE
THE FILING OF THE REASONS FOR CONTESTING, INTERVENING, OR OTHERWISE RESPONDING
TO AN ADOPTION; SECTION 20-7-1740, AS AMENDED, RELATING TO ADOPTION
INVESTIGATIONS AND REPORTS, SO AS TO REVISE THE REQUIREMENTS IN A PREPLACEMENT
AND POSTPLACEMENT INVESTIGATION AND PROVIDE FOR UPDATING OF THE PREPLACEMENT
INVESTIGATION REPORT BEFORE THE PLACEMENT OF THE CHILD INSTEAD OF ONE YEAR FROM
THE INITIAL REPORT AND EVERY SIX MONTHS; SECTION 20-7-1750, RELATING TO
CERTIFICATION OF PERSONS WHO CONDUCT INVESTIGATIONS OR OBTAIN CERTAIN CONSENTS
OR RELINQUISHMENTS FOR ADOPTION, SO AS TO CHANGE THE REFERENCES TO CHILDREN'S
BUREAU TO DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-1760, RELATING TO FINAL
ADOPTION HEARINGS, SO AS TO PROVIDE FOR EXTENDING OR SHORTENING THE TIME OF THE
HEARING FOR A SPECIAL NEEDS CHILD AND FOR THE COURT TO MODIFY THE TIME OF THE
HEARING EVEN WHEN THE PETITIONER HAS HAD CUSTODY OF THE ADOPTEE FOR NINETY DAYS;
SECTION 20-7-1775, RELATING TO DISBURSEMENTS BY OR ON BEHALF OF THE ADOPTION
PETITIONER, SO AS TO PROVIDE FOR AN ACCOUNTING OF EXPENSES INCURRED OR FEES FOR
SERVICES RENDERED; AND SECTION 20-7-1780, AS AMENDED, RELATING TO THE
CONFIDENTIALITY OF HEARINGS AND RECORDS, SO AS TO PROVIDE FOR THE SECTION TO
APPLY TO FILES AND RECORDS MAINTAINED BY ANY PERSON CERTIFIED BY THE DEPARTMENT
OF SOCIAL SERVICES; SECTION 20-7-1820, AS AMENDED, RELATING TO THE ADOPTION OF
A SPOUSE'S CHILD AND A CHILD RELATED BY BLOOD OR MARRIAGE, SO AS TO PROVIDE FOR
THE COURT TO WAIVE THE REQUIREMENT OF THE APPOINTMENT OF INDEPENDENT COUNSEL; AND
SECTION 16-3-1060, RELATING TO COMPENSATION FOR THE RELINQUISHMENT OF A CHILD FOR
ADOPTION, SO AS TO PROHIBIT THE SELLING OR BUYING OF A MINOR CHILD AND THE
RECEIVING OR PAYING OF ANY THING OF VALUE FOR RELINQUISHMENT AND PROVIDE FOR THE
CIRCUMSTANCES UNDER WHICH COSTS MAY BE ASSESSED; AND TO PROVIDE FOR ADOPTION
PROCEEDINGS IN PROGRESS AND NOT COMPLETED BEFORE THIS ACT'S EFFECTIVE DATE TO BE
CARRIED TO CONCLUSION PURSUANT TO THE PROVISIONS AS THEY EXISTED BEFORE
AMENDMENT, UNLESS THE PROCEEDINGS ARE REVISED TO CONFORM AND TO DEFINE
"PROCEEDINGS IN PROGRESS".
Be it enacted by the General Assembly of the State of South Carolina:
Fictitious names
SECTION 1. Subarticle 7, Article 11, Chapter 7, Title 20 of the 1976 Code is
amended by adding:
"Section 20-7-1736. For purposes of this subarticle, the petitioner may
employ the use of fictitious names where necessary to avoid disclosure of
identities of parties or persons, so long as service of process or notice is
considered sufficient by the court."
Jurisdiction
SECTION 2. Section 20-7-420(3) of the 1976 Code is amended to read:
"(3) To hear and determine actions for and related to the adoption of
children."
Definitions
SECTION 3. Section 20-7-1650(e), (f), (g), and (h) of the 1976 Code is amended
to read:
"(e) 'Child placing agency' or 'agency' means the State Department of
Social Services and any person or entity which is licensed pursuant to Sections
20-7-2230 through 20-7-2290 which receives children for placement for adoption.
A person who facilitates the placement of a child for the purpose of adoption who
otherwise is not required to be licensed pursuant to Sections 20-7-2230 through
20-7-2290 is not required to be licensed in order to act in this capacity.
(f) 'Consent' means the informed and voluntary release in writing of all
parental rights with respect to a child by a parent for the purpose of adoption,
or the informed and voluntary
release in writing of all custodial or guardianship rights, or both, with respect
to a child by the child placing agency or person facilitating the placement of
the child for adoption where the child's parent previously has executed a
relinquishment to that agency or person.
(g) 'Court' means any family court in this State.
(h) 'Relinquishment' means the informed and voluntary release in writing of
all parental rights with respect to a child by a parent to a child placing agency
or to a person who facilitates the placement of a child for the purpose of
adoption and to whom the parent has given the right to consent to the adoption
of the child."
Nonresident adoptions
SECTION 4. Section 20-7-1670 of the 1976 Code is amended to read:
"Section 20-7-1670. Any South Carolina resident may petition the court
to adopt a child. Placement of children for adoption pursuant to this Subarticle
7, Article 11, Chapter 7 of Title 20 is limited to South Carolina residents with
exceptions being made in the following circumstances only:
(a) the child is a special needs child, as defined by Section 20-7-1650;
(b) there has been public notoriety concerning the child or child's family,
and the best interests of the child would be served by placement outside this
State;
(c) the child is to be placed for adoption with a relative related
biologically or by marriage;
(d) at least one of the adoptive parents is in the military service stationed
in South Carolina; or
(e) there are unusual or exceptional circumstances such that the best
interests of the child would be served by placement with or adoption by
nonresidents of this State.
Before a child is placed within or outside the boundaries of this State for
adoption with nonresidents of this State, compliance with Subarticle 11, Article
11, Chapter 7 of Title 20 (Interstate Compact on the Placement of Children) is
required, and a judicial determination must be made in this State that one of the
circumstances in items (a) through (e) of this section applies, whether or not
the adoption proceedings are instituted in South Carolina. Additionally, in
order to determine if any of the circumstances in items (a) through (e) of this
section apply so as to permit placement with a nonresident for the purpose of
adoption or adoption by a nonresident, a petition may be brought for the
determination before the birth of the child or before placement of the child with
the prospective adoptive parents. In ruling on this question the court must
include in its order specific findings of fact as to the circumstances allowing
the placement of a child with a nonresident or the adoption of a child by a
nonresident. The order resulting from this action does not prohibit or waive the
right to refuse to consent to a release of rights or relinquish rights at a later
time nor to withdraw a consent or relinquish at a later time as provided in this
chapter. The order must be merged with and made a part of any subsequent
adoption proceeding initiated in South Carolina."
Proceedings in county of child's birth
SECTION 5. Section 20-7-1680 of the 1976 Code is amended to read:
"Section 20-7-1680. The family court has exclusive jurisdiction over all
proceedings held pursuant to this Subarticle 7, Article 11, Chapter 7 of Title
20. Proceedings for adoption by residents of this State may be brought in the
family court of the county in which the petitioner resides or is in military
service, or in the county in which the child resides or is born. For nonresidents
of this State proceedings for adoption must be brought in the county in which the
child resides, in which the child is born, or in which the agency having custody
of the child is located.
The family court may order a change of venue as in civil proceedings in this
State."
Consents and relinquishments; costs and payments
SECTION 6. Section 20-7-1690 of the 1976 Code is amended to read:
"Section 20-7-1690. (A) Consent or relinquishment for the purpose of
adoption is required of the following persons:
(1) the adoptee, if over fourteen years of age, except where the court finds
that the adoptee does not have the mental capacity to give consent, or that the
best interests of the adoptee are served by not requiring consent; and either
(2) the parents or surviving parent of a child conceived or born during the
marriage of the parents; or
(3) the mother of a child born when the mother was not married; and either
(4) the father of a child born when the father was not married to the
child's mother, if the child was placed with the prospective adoptive parents
more than six months after the child's birth, but only if the father has
maintained substantial and continuous or repeated
contact with the child as demonstrated by:
(a) payment by the father toward the support of the child of a fair and
reasonable sum, based on the father's financial ability; and either
(b) visits by the father to the child at least monthly when the father is
physically and financially able to do so, and when the father is not prevented
from doing so by the person or agency having lawful custody of the child; or
(c) regular communication by the father with the child or with the person
or agency having lawful custody of the child, when the father is physically and
financially unable to visit the child, or when the father is prevented from
visiting the child by the person or agency having lawful custody of the child.
The subjective intent of the father, if unsupported by evidence of the acts
specified in subitems (a), (b), and (c) of this item (4) of subsection (A) of
this section, does not preclude a determination that the father failed to
maintain substantial and continuous or repeated contact with the child. In
making this determination, the court may not require a showing of diligent
efforts by any person or agency having lawful custody of the child to encourage
the father to perform the acts. A father of a child born when the father was not
married to the child's mother, who openly lived with the child for a period of
six months within the one-year period immediately preceding the placement of the
child for adoption, and who during the six-months period openly held himself out
to be the father of the child is considered to have maintained substantial and
continuous or repeated contact with the child for the purpose of this item (4)
of subsection (A) of this section; or
(5) the father of a child born when the father was not married to the
child's mother, if the child was placed with the prospective adoptive parents six
months or less after the child's birth, but only if:
(a) the father openly lived with the child or the child's mother for a
continuous period of six months immediately preceding the placement of the child
for adoption, and the father openly held himself out to be the father of the
child during the six months period; or
(b) the father paid a fair and reasonable sum, based on the father's
financial ability, for the support of the child or for expenses incurred in
connection with the mother's pregnancy or with the birth of the child, including,
but not limited to, medical, hospital, and nursing expenses.
(B) Consent or relinquishment for the purpose of adoption is required of the
legal guardian, child placing agency, or legal custodian of the child if
authority to execute a consent or relinquishment has been vested legally in the
agency or person and:
(1) both the parents of the child are deceased; or
(2) the parental rights of both the parents have been judicially terminated.
(C) Consent is required of the child placing agency or person facilitating the
placement of the child for adoption if the child has been relinquished for
adoption to the agency or person.
(D) If the consent of a child placing agency required by this subsection is
not provided to any person eligible under Section 20-7-1670, the agency has an
affirmative duty to inform the person who is denied consent of all of his rights
for judicial review of the denial.
(E) Consent or relinquishment for the purpose of adoption given by a parent
who is a child is not subject to revocation by reason of the parent's minority.
(F) Under no circumstances may a child placing agency or any person receive
a fee, compensation, or any other thing of value as consideration for giving a
consent or relinquishment of a child for the purpose of adoption and no child
placing agency or person may receive a child for payment of such fee,
compensation, or any other thing of value.
However, costs may be assessed and payment made for the following:
(1) reimbursements for necessary, actual medical, and reasonable living
expenses incurred by the mother and child for a reasonable period of time;
(2) the fee for obtaining investigations and reports as required by Section
20-7-1740;
(3) the fee of the individuals required to take the consent or relinquishment,
as required by Section 20-7-1705(A);
(4) the fee of a guardian ad litem appointed pursuant to Section 20-7-1732;
(5) reasonable attorney's fees and costs for actual services rendered;
(6) reasonable fees to child placing agencies; and
(7) reasonable fees to sending agencies as defined in Section 20-7-1980(2)(b),
the Interstate Compact on the Placement of Children."
Minimally acceptable care; indigent and incompetent parents
SECTION 7. Section 20-7-1695 of the 1976 Code is amended to read:
"Section 20-7-1695. (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; or
(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.
(B) A parent who has executed a relinquishment pursuant to Section 20-7-1700
to a person facilitating the adoption or to a child placing agency for the
purpose of adoption of his child is not required to execute a separate consent
document also."
Counseling, duress, and coercion
SECTION 8. Section 20-7-1700(A)(8) and (10) of the 1976 Code is amended to
read:
"(8) that the person or agency giving the consent or relinquishment
understands that consent or relinquishment must not be given if psychological or
legal advice, guidance, or counseling is needed or desired and that none is
needed or desired;
(10) that the person or agency giving the consent or relinquishment is doing
so voluntarily, and the consent or relinquishment is not being obtained under
duress or through coercion; and".
Reference changed; consents or relinquishments obtained outside of this State;
signing; duress and coercion
SECTION 9. Section 20-7-1705 of the 1976 Code is amended to read:
"Section 20-7-1705. (A) The sworn document provided for in Section
20-7-1700, which gives consent or relinquishment for the purpose of adoption,
must be signed in the presence of two witnesses one of whom must be one of the
following:
(1) a judge of any family court in this State;
(2) an attorney licensed to practice law in South Carolina who does not
represent the prospective adoption petitioners;
(3) a person certified by the State Department of Social Services, pursuant
to Section 20-7-1750, to obtain consents or relinquishments;
(4) when the consent or relinquishment is obtained outside of this State,
by an attorney licensed to practice law in that state, by a person designated by
an agency of that state, by a person or agency authorized by that state's law to
obtain consents or relinquishments or to conduct investigations for adoptions,
or by a qualified resident of that state authorized by a South Carolina family
court. When a consent or relinquishment is obtained outside of this State, it
may be accepted as valid in this State, provided the court determines:
(a) the consent or relinquishment complies with the laws of the state where
it is obtained; and
(b) the relinquishing party or agency is domiciled in that state at the
time of the signing of the consent or relinquishment; or
(c) the content of the consent or relinquishment is in substantial
compliance with the intent of Section 20-7-1700(A).
(B) The persons who witness the signing of the sworn document, as provided for
in subsection (A) of this section shall attach to the document written
certification signed by each witness that before the signing of the document, the
provisions of the document were discussed with the person giving consent or
relinquishment, and that based on this discussion, it is each witness' opinion
that consent or relinquishment is being given voluntarily and that it is not
being obtained under duress or through coercion.
(C) A copy of the document must be delivered to the person giving the consent
or relinquishment at the time of the signing of the document."
Filings
SECTION 10. Section 20-7-1730(B), (C), (D), and (E) of the 1976 Code is amended
to read:
"(B) The petition must be filed within sixty days of the date the adoptee
is placed for the purpose of adoption in the home of the petitioner.
(C) All of the following must be filed at the time the adoption petition is
filed or, after the filing, upon good cause shown:
(1) any consent or relinquishment required by Section 20-7-1690;
(2) the preplacement investigation report;
(3) the background investigation report;
(4) a statement of all payments of money or anything of value made within
the past five years or agreed to be made in the future by or on behalf of the
petitioner to any person, agency, or organization connected with the adoption
that is not a disbursement made and reported pursuant to Section 20-7-1775."
Guardians ad litem
SECTION 11. Section 20-7-1732 of the 1976 Code is amended to read:
"Section 20-7-1732. Before any hearing is held on the adoption or any
matter related to the adoption, the court shall appoint a guardian ad litem for
the adoptee as in other family court actions, and the adoptee must be served with
a copy of the pleadings. However, if the adoptee is fourteen years of age or
younger, the child may be served by service upon his guardian ad litem or other
person with whom he resides."
Responding to an adoption
SECTION 12. Section 20-7-1734(E) and the last two paragraphs of that section
are amended to read:
"(E) Notice given pursuant to this section must include notice of the
following:
(1) within thirty days of receiving notice the person or agency shall
respond in writing by filing with the court in which the adoption is pending
notice and reasons to contest, intervene, or otherwise respond;
(2) the court must be informed of the person's or agency's current address
and of any changes in address during the adoption proceedings; and
(3) failure to file a response within thirty days of receiving notice
constitutes consent to adoption of the child and forfeiture of all rights and
obligations of the person or agency with respect to the child.
When notice of intent to contest, intervene, or otherwise respond is filed with
the court within the required time period, the person or agency must be given an
opportunity to appear and to be heard before the final hearing on the merits of
the adoption.
Petitioners must be notified by the court of notice and reasons to contest,
intervene, or otherwise respond, and petitioners also must be given the
opportunity to be represented or to appear and to be heard at any hearing held
relating to the adoption."
Investigations and reports
SECTION 13. Section 20-7-1740 of the 1976 Code, as last amended by Act 144 of
1987, is further amended to read:
"Section 20-7-1740. Before the final hearing for adoption of a child,
investigations and reports must be completed in accordance with the following:
(A) Before the placement of any child by any agency or by any person with a
prospective adoptive parent, a preplacement investigation, a background
investigation, and reports of these investigations must be completed.
(1) Preplacement investigations must answer all of the following:
(a) whether the home of the prospective adoptive parent is a suitable one
for the placement of a child;
(b) how the emotional maturity, finances, health, relationships, and any
other relevant characteristics of the prospective adoptive parent affect the
parent's ability to accept, care, and provide a child with an adequate
environment as the child matures;
(c) whether the prospective adoptive parent has ever been involved in any
proceeding concerning allegedly neglected, abandoned, abused, or delinquent
children;
(d) whether the prospective adoptive parent has completed a course or
counseling in preparation for adoption;
(e) whether the prospective adoptive parent is approved for placement of
a child for
purposes of adoption, and if not approved, a statement of the reasons for not
approving the prospective adoptive parent; and
(f) any other information that is disclosed by the investigation that
would be of value to or would assist the court in deciding the case.
(2) If the waiting period for an adoptive placement exceeds one year from
the date the preplacement investigation report is completed, the report must be
updated before the placement of a child for the purpose of adoption to determine
any change in circumstances.
(3) A background information investigation and a report of this
investigation may not disclose the identity of the biological parents of the
adoptee and shall provide the following:
(a) a medical history of the biological family of the adoptee, including
parents, siblings, and other family members related to the adoptee including
ages, sex, race, and any known genetic, psychological, metabolic, or familial
disorders; and
(b) a medical and developmental history of the adoptee.
(4) Notwithstanding any provision of this section, upon good cause shown,
the court in its discretion may permit the temporary custody and placement of a
child with a prospective adoptive parent before the completion of the
preplacement or background investigation and reports required pursuant to this
subarticle.
(B) A postplacement investigation and report of this investigation must be
completed after the filing of the adoption petition. Copies of this report must
be provided to the adoption petitioner and must be filed with the court at the
final hearing on the adoption provided for in Section 20-7-1760. A postplacement
investigation and report of this investigation must:
(1) answer all of the following:
(a) the race, sex, and age of the adoptee and whether the child is a
suitable child for adoption by the prospective adoptive parent;
(b) the reason for the adoptee's placement away from the biological
parents;
(c) whether the adoptee, if of appropriate age and mental capacity,
desires to be adopted;
(2) review and where indicated, investigate the allegations of the adoption
petition and its attachments and of the accounting of disbursements required
under Section 20-7-1775;
(3) evaluate the progress of the placement of the adoptee; and
(4) determine whether adoption by the petitioner is in the best interests
of the adoptee.
(C) The investigators and all persons participating in, conducting, or
associated with the preparation of reports required under this section must be
available for examination and cross-examination by any party to an adoption
proceeding concerning the contents of and recommendations contained in the
reports."
Change references
SECTION 14. Section 20-7-1750 of the 1976 Code is amended to read:
"Section 20-7-1750. With the exception of the persons provided for in
Section 20-7-1705(A)(1), (2), and (4), any person obtaining a consent or
relinquishment for the purpose of adoption must be certified by the State
Department of Social Services. Any person conducting an investigation for the
adoption of a child pursuant to Section 20-7-1740 also must be certified by the
department. However, where the adoption petitioner or prospective adoption
petitioner is a nonresident of this State, a South Carolina family court may
authorize a qualified nonresident to conduct any investigations required under
Section 20-7-1740.
The department shall promulgate regulations to provide for the following:
certification of investigators; issuance, monitoring, and revocation of
certificates; and sanctioning of noncompliance with regulations. Any person
certified by the department may charge a fee which may not exceed the reasonable
costs of the services rendered. The fee must be approved by the department
during the certification process.
The department shall develop, revise, and publish quarterly a directory of
persons certified pursuant to this section. A reasonable fee may be charged by
the department for copies of this directory."
Adoption hearings; special needs child
SECTION 15. Section 20-7-1760(A) and (B) of the 1976 Code is amended to read:
"(A) The final hearing on the adoption petition must not be held before
ninety days and no later than six months after the filing of the adoption
petition. In the case of a special needs child, the hearing must not be held
before ninety days and no later than twelve months after the filing of the
adoption petition. In its discretion, upon good cause shown, the court may
extend, or in the case of a special needs child extend or shorten the time within
which the final hearing on the adoption petition may be held.
(B) Upon satisfactory examination by the court of the record, including the
reports required in Section 20-7-1740, and following the final hearing on the
adoption petition the court shall issue an order granting the adoption if it
finds that:
(1) the adoptee has been in the actual custody of the petitioner for a
period of ninety
days unless the court finds as provided in subsection (A) that there is good
cause for modifying the time within which the final hearing may be held;
(2) all necessary consents or relinquishments for the purpose of adoption
have been obtained;
(3) notice of the adoption proceeding has been given to all persons entitled
to receive notice under Sections 20-7-1690 and 20-7-1734, and any hearing
resulting from the notice has been held and handled according to the satisfaction
of the court;
(4) the disbursements made and accounted for pursuant to Section 20-7-1775
are reasonable costs for expenses incurred or for fees for services rendered;
(5) the petitioner is a fit and proper person and able to care for the child
and to provide for the child's welfare, and the petitioner desires to establish
the relationship of parent and child with the adoptee;
(6) the best interests of the adoptee are served by the adoption; and
(7) if the petitioner is a nonresident of this State, the findings pursuant
to Section 20-7-1660 are included in the order, and there has been compliance
with Subarticle 11, Article 11, Chapter 7 of Title 20 (Interstate Compact on the
Placement of Children)."
Accounting of expenses and fees
SECTION 16. Section 20-7-1775(A) of the 1976 Code is amended to read:
"(A) At the final hearing on the adoption, the petitioner shall file a
full, itemized accounting of all disbursements of anything of value made, agreed
to be made, or anticipated being made by or on behalf of the petitioner for
expenses incurred or fees for services rendered
in connection with the adoption. The accounting must be verified by the
petitioner under penalty of perjury."
Confidential files and records
SECTION 17. Section 20-7-1780(C) of the 1976 Code, as last amended by Act 144
of 1987, is further amended to read:
"(C) All files and records pertaining to the adoption proceedings in the
State Department of Social Services, or in any authorized agency, or maintained
by any person certified by the department under the provisions of Section
20-7-1750, are confidential and must be withheld from inspection except upon
court order for good cause shown."
Independent counsel
SECTION 18. Section 20-7-1820 of the 1976 Code, as last amended by Section 82,
Act 171 of 1987, is further amended to read:
"Section 20-7-1820. Any person may adopt his spouse's child, and any
person may adopt a child to whom he is related by blood or marriage. In the
adoption of these children:
(a) no investigation or report required under the provisions of Section
20-7-1740 is required unless otherwise directed by the court;
(b) no accounting by the petitioner of all disbursements required under the
provisions of Section 20-7-1775 is required unless the accounting is ordered by
the court;
(c) upon good cause shown, the court may waive the requirement, pursuant to
Section 20-7-1760, that the final hearing must not be held before ninety days
after the filing of the adoption petition; and
(d) upon good cause shown, the court may waive the requirement, pursuant to
Section 20-7-1695(A)(2), of the appointment of independent counsel for an
indigent parent."
Prohibitions; assessment of costs
SECTION 18A. Section 16-3-1060 of the 1976 Code is amended to read:
"Section 16-3-1060. No person may sell or buy a minor child, or request,
or accept, receive, or pay any fee, compensation, or any other thing of value as
consideration for relinquishing the custody of a child for adoption. Provided,
however, release or termination of prior support obligations shall not be
construed as compensation or any other thing of value within the meaning of this
section. However, reasonable costs may be assessed if they are reimbursements
for expenses incurred or fees for services rendered, as provided for in Section
20-7-1690(F). This section does not prohibit the assumption by a prospective
adoptive parent of child support obligations previously established by the order
of any court.
Any person violating the provisions of this section or the provisions of
Section 20-7-1690(F) is guilty of a felony and, upon conviction or plea of
guilty, must be fined not more than ten thousand dollars or imprisoned for not
more than ten years, or both, in the discretion of the court."
Time effective
SECTION 19. This act takes effect upon approval by the Governor, except
adoption proceedings in progress and not completed before the effective date of
this act must be carried to conclusion pursuant to the provisions of the sections
amended by this act as they existed before amendment, unless the proceedings are
otherwise revised by the family court to conform to the provisions of this act.
'Proceedings in progress' include proceedings in which consent or relinquishment
has been given for the purpose of adoption before the effective date of this act
whether or not a petition has been filed before that date. |