S*0030(Rat #0150, Act #0102 of 1981)  General Bill, By H.E. McDonald, 
M.E. McDonald, E.J. Patterson and T.D. Wise

Similar(H 2062)
 A Bill to amend Chapter 7 of Title 20, Code of Laws of South Carolina, 1976,
 relating to care and support in domestic relations matters by adding
 Subarticle 2 to Article 9 so as to enact the South Carolina Uniform Child
 Custody Jurisdiction Act of 1981 which provides methods and procedures for the
 courts of this State to follow in conjunction with the appropriate courts of
 other states in order to resolve child custody disputes in the best interests
 of the child concerned; to amend Chapter 7 of Title 20, by redesignating
 certain Code Section numbers within the Chapter; to amend Section 20-7-420,
 relating to the Family Court, so as to provide that jurisdiction of the Court
 shall be exclusive in certain matters relating to children; to amend Section
 20-7-2700, relating to child day care centers, so as to change the definition
 of such centers; and to provide that adults sentenced under the provisions of
 Chapter 7 of Title 20 of the 1976 Code to imprisonment of more than ninety
 days may in the discretion of the Family Court serve such sentences in minimum
 security facilities.-at

   01/13/81  Senate Introduced and read first time SJ-57
   01/13/81  Senate Referred to Committee on Judiciary SJ-57
   01/28/81  Senate Committee report: Favorable Judiciary SJ-11
   01/29/81  Senate Read second time SJ-16
   02/03/81  Senate Read third time and sent to House SJ-14
   02/04/81  House  Introduced and read first time HJ-486
   02/04/81  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-486
   02/18/81  House  Committee report: Recommended refer to different
                     committee Medical, Military, Public and
                     Municipal Affairs HJ-656
   02/18/81  House  Referred to Committee on Judiciary HJ-656
   05/13/81  House  Committee report: Favorable with amendment
                     Judiciary HJ-2352
   05/20/81  House  Amended HJ-2518
   05/20/81  House  Read second time HJ-2519
   05/21/81  House  Debate adjourned HJ-2592
   05/21/81  House  Reconsidered HJ-2593
   05/21/81  House  Amended HJ-2593
   05/21/81  House   Read third time HJ-2605
   05/21/81  House  Returned HJ-2605
   05/28/81  Senate House amendment amended SJ-8
   05/28/81  Senate Returned SJ-8
   06/02/81  House  Concurred in Senate amendment and enrolled HJ-2782
   06/10/81  Senate Ratified R 150 SJ-8
   06/15/81         Signed By Governor
   06/15/81         Effective date 07/01/81
   06/15/81         Act No. 102
   06/25/81         Copies available

AN ACT TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CARE AND SUPPORT IN DOMESTIC RELATIONS MATTERS BY ADDING SUBARTICLE 2 TO ARTICLE 9 SO AS TO ENACT THE SOUTH CAROLINA UNIFORM CHILD CUSTODY JURISDICTION ACT OF 1981 WHICH PROVIDES METHODS AND PROCEDURES FOR THE COURTS OF THIS STATE TO FOLLOW IN CONJUNCTION WITH THE APPROPRIATE COURTS OF OTHER STATES IN ORDER TO RESOLVE CHILD CUSTODY DISPUTES IN THE BEST INTERESTS OF THE CHILD CONCERNED; TO AMEND CHAPTER 7 OF TITLE 20, BY REDESIGNATING CERTAIN CODE SECTION NUMBERS WITHIN THE CHAPTER; TO AMEND SECTION 20-7-420, RELATING TO THE FAMILY COURT SO AS TO PROVIDE THAT JURISDICTION OF THE COURT SHALL BE EXCLUSIVE IN CERTAIN MATTERS RELATING TO CHILDREN; TO AMEND SECTION 20-7-2700, RELATING TO CHILD DAY CARE CENTERS, SO AS TO CHANGE THE DEFINITION OF SUCH CENTERS; AND TO PROVIDE THAT ADULTS SENTENCED UNDER THE PROVISIONS OF CHAPTER 7 OF TITLE 20 OF THE 1976 CODE TO IMPRISONMENT OF MORE THAN NINETY DAYS MAY IN THE DISCRETION OF THE FAMILY COURT SERVE: SUCH SENTENCES IN MINIMUM SECURITY FACILITIES.

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

Uniform child custody jurisdiction act

SECTION 1. The 1976 Code is amended by adding Subarticle 2

to Article 9, Chapter 7 of Title 20 as follows:

"SUBARTICLE 2

Uniform Child Custody Jurisdiction Act

Section 20-7-782. This subarticle may be cited as the Uniform Child Custody Jurisdiction Act.

Section 20-7-784. (a) The general purposes of this subarticle are to:

(1) avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well-being;

(2) promote cooperation with the courts of other states to the end that a custody decree is rendered in that state which can best decide the case in the interest of the child;

(3) assure that litigation concerning the custody of a child take place ordinarily in the state with which the child and his family have the closest connection and where significant evidence concerning his care, protection, training and personal relationships is most readily available, and that courts of this State decline the exercise of jurisdiction when the child and his family have a closer connection with another state;

(4) discourage continuing controversies over child custody in the interest of greater stability of home environment and of secure family relationships for the child;

(5) deter abductions and other unilateral removals of children undertaken to obtain custody awards;

(6) avoid relitigation of custody decisions of other states in this State insofar as feasible;

(7) facilitate the enforcement of custody decrees of other states;

(8) promote and expand the exchange of information and other forms of mutual assistance between the courts of this State and those of other states concerned with the same child;

(9) make uniform the law of those states which enact it.

(b) This subarticle shall be construed to promote the general purposes stated in this section.

Section 20-7-786. As used in this subarticle, unless the context clearly indicates otherwise:

(1) 'Contestant' means a person, including a parent, who claims a right to custody or visitation rights with respect to a child;

(2) 'Custody determination' means a court decision and court orders and instructions providing for the custody of a child, including visitation rights; it does not include a decision relating to child support or any other monetary obligation of any person;

(3) 'Custody proceeding' includes proceedings in which a custody determination is one of several issues, such as an action for divorce or separation, and includes child neglect and dependency proceedings;

(4) 'Decree' or 'custody decree' means a custody determination contained in a judicial decree or order made in a custody proceeding, and includes an initial decree and a modification decree;

(5) 'Home state' means the state in which the child immediately preceding the time involved lived with his parents, a parent, or a person acting as parent, for at least six consecutive months, and in the case of a child less than six months old the state in which the child lived from birth with any of the persons mentioned. Periods of temporary absence of any of the named persons are counted as part of the six-month or other period;

(6) 'Initial decree' means the first custody decree concerning a particular child;

(7) 'Modification decree' means a custody decree which modifies or replaces a prior decree, whether made by the court which rendered the prior decree or by another court;

(8) 'Physical custody' means actual possession and control of a child;

(9) 'Person acting as parent' means a person, other than a parent, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody;

(10) 'State' means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia;

(11) 'Court' or 'court of this State' means the statewide system of family courts established pursuant to Act 690 of 1976;

(12) 'Clerk of the court' or 'clerk of the family court' means the clerk of a respective family court or the person in charge of administration of a family court if not designated as clerk of that court.

Section 20-7-788. (a) A court of this State which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if:

(1) this State (i) is the home state of the child at the time of commencement of the proceeding, or (ii) had been the child's home state within six months before commencement of the proceeding and the child is absent from this State because of his removal or retention by a person claiming his custody or for other reasons, and a parent or person acting as parent continues to live in this State;

(2) it is in the best interest of the child that a court of this State assume jurisdiction because (i) the child and his parents, or the child and at least one contestant, have a significant connection with this State and (ii) there is available in this State substantial evidence concerning the child's present or future care, protection, training and personal relationships;

(3) the child is physically present in this State and (i) the child has been abandoned or (ii) it is necessary in an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse or is otherwise neglected or dependent;

(4) (i) it appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraphs (1), (2) or (3) of subsection (a), or another state has declined to exercise jurisdiction on the ground that this State is the more appropriate forum to determine the custody of the child and (ii) it is in the best interest of the child that this court assume jurisdiction.

(b) Except under paragraphs (3) and (4) of subsection (a), physical presence in this State of the child, or of the child and one of the contestants, is not alone sufficient to confer jurisdiction on a court of this State to make a child custody determination.

(c) Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine his custody.

Section 20-7-790. Before making a decree under this subarticle, reasonable notice and opportunity to be heard shall be given to the contestants, any parent whose parental rights have not been previously terminated, and any person who has physical custody of the child. If any of these persons is outside this State, notice and opportunity to be heard shall be given pursuant to Section 20-7-792.

Section 20-7-792. (a) Notice required for the exercise of jurisdiction over a person outside this State shall be given in a manner reasonably calculated to give actual notice, and may be:

(1) by personal delivery outside this State in the manner prescribed for service of process within this State;

(2) in the manner prescribed by the law of the place in which the service is made for service of process in that place in an action in any of its courts of general jurisdiction;

(3) by any form of mail addressed to the person to be served and requesting a receipt;

(4) as directed by the court, including publication, if other means of notification are ineffective.

(b) Notice under this section shall be served, mailed or delivered, or last published, at least twenty days before any hearing in this State. Provided, however, that in proceedings pursuant to Section 20-7-788 (a) (3) above, upon a showing by the moving party that an emergency or abandonment situation exists within the meaning of Section 20-7-788 (a) (3) so as to place the child in jeopardy, the court may shorten the notice period to such period as it may deem to be in the best interests of the child.

(c) Proof of service outside this State may be made by affidavit of the individual who made the service, or in the manner prescribed by the law of this State, the order pursuant to which the service is made, or the law of the place in which the service is made. If service is made by mail, proof may be a receipt signed by the addressee or other evidence of delivery to the addressee.

(d) Notice is not required if a person submits to the jurisdiction of the court.

Section 20-7-794. (a) A court of this State shall not exercise its jurisdiction under this act if at the time of filing the petition a proceeding concerning the custody of the child was pending in a court of another state exercising jurisdiction substantially in conformity with this act, unless the proceeding is stayed by the court of the other state because this State is a more appropriate forum or for other reasons.

(b) Before hearing the petition in a custody proceeding the court shall examine the pleadings and other information supplied by the parties under Section 20-7-800 and shall consult the child custody registry established under Section 20-7-814 concerning the pendency of proceedings with respect to the child in other states. If the court has reason to believe that proceedings may be pending in another state it shall direct an inquiry to the state court administrator or other appropriate official of the other state.

(c) If the court is informed during the course of the proceeding that a proceeding concerning the custody of the child was pending in another state before the court assumed jurisdiction it shall stay the proceeding and communicate with the court in which the other proceeding is pending to the end that the issue may be litigated in the more appropriate forum and that information be exchanged in accordance with Sections 20-7-820 through 20-7-826. If a court of this State has made a custody decree before being informed of a pending proceeding in a court of another state it shall immediately inform that court of the fact. If the court is informed that a proceeding was commenced in another state after it assumed jurisdiction it shall likewise inform the other court to the end that the issues may be litigated in the more appropriate forum.

Section 20-7-796. (a) A court which has jurisdiction under this subarticle to make an initial or modification decree may decline to exercise its jurisdiction anytime before making a decree if it finds that it is an inconvenient forum to make a custody determination under the circumstances of the case and that a court of another state is a more appropriate forum.

(b) A finding of inconvenient forum may be made upon the court's own motion or upon motion of a party or a guardian ad litem or other representative of the child.

(c) In determining if it is an inconvenient forum, the court shall consider if it is in the interest of the child that another state assume jurisdiction. For this purpose it may take into account the following factors, among others:

(1) if another state is or recently was the child's home state;

(2) if another state has a closer connection with the child and his family or with the child and one or more of the contestants;

(3) if substantial evidence concerning the child's present or future care, protection, training and personal relationships are more readily available in another state;

(4) if the parties have agreed on another forum which is no less appropriate;

(5) if the exercise of jurisdiction by a court of this State would contravene any of the purposes stated in Section 20-7-784.

(d) Before determining whether to decline or retain jurisdiction the court may communicate with a court of another state and exchange information pertinent to the assumption of jurisdiction by either court with a view to assuring that jurisdiction will be exercised by the more appropriate court and !that a forum will be available to the parties.

(e) If the court finds that it is an inconvenient forum and that a court of another state is a more appropriate forum, it may dismiss the proceedings, or it may stay the proceedings upon condition that a custody proceeding be promptly commenced in another named state or upon any other conditions which may be just and proper, including the condition that a moving party stipulate his consent and submission to the jurisdiction of ,the other forum.

(f) The court may decline to exercise its jurisdiction under this act if a custody determination is incidental to an action for divorce or another proceeding while retaining jurisdiction over the divorce or other proceeding.

(g) If it appears to the court that it is clearly an inappropriate forum it may require the party who commenced the proceedings to pay necessary travel and other expenses, including attorneys' fees, incurred by other parties or their witnesses. Payment is to be made to the clerk of the court for remittance to the proper party.

(h) Upon dismissal or stay of proceedings under this section the court shall inform the court found to be the more appropriate forum of this fact, or if the court which would have jurisdiction in the other state is not certainly known, shall transmit the information to the court administrator or other appropriate official for forwarding to the appropriate court.

(i) Any communication received from another state informing this State of a finding of inconvenient forum because a court of this State is the more appropriate forum shall be filed in the custody registry of the appropriate court. Upon assuming jurisdiction the court of this State shall inform the original court of this fact.

Section 20-7-798. (a) If the petitioner for an initial decree has wrongfully taken the child from another state or has engaged in similar reprehensible conduct the court may decline to exercise jurisdiction if this is just and proper under the circumstances.

(b) Unless required in the interest of the child, the court shall not exercise its jurisdiction to modify a custody decree of another state if the petitioner, without consent of the person entitled to custody, has improperly removed the child from the physical custody of the person entitled to custody or has improperly retained the child after a visit or other temporary relinquishment of physical custody. If the petitioner has violated any other provision of a custody decree of another state the court may decline to exercise its jurisdiction if this is just and proper under the circumstances.

(c) In appropriate cases a court dismissing a petition under this section may charge the petitioner with necessary travel and other expenses, including attorneys' fees, incurred by other parties or their witnesses.

Section 20-7-800. (a) Every party in a custody proceeding in his first pleading or in an affidavit attached to that pleading shall give information under oath as to the child's present address, the places where the child has lived within the last five years and the names and present addresses of the persons with whom the child has lived during that period. In this pleading or affidavit every party shall further declare under oath whether:

(1) he has participated (as a party, witness or in any other capacity) in any other litigation concerning the custody of the same child in this or any other state;

(2) he has information of any custody proceeding concerning the child pending in a court of this or any other state;

(3) he knows of any person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child.

(b) If the declaration as to any of the above items is in the affirmative the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and as to other matters pertinent to the court's jurisdiction and the disposition of the case.

(c) Each party shall have a continuing duty to inform the court of any custody proceeding concerning the child in this or any other state of which he obtained information during this proceeding.

Section 20-7-802. If the court learns from information furnished by the parties pursuant to Section 20-7-800 or from other sources that a person not a party to the custody proceeding has physical custody of the child or claims to have custody or visitation rights with respect to the child, it shall order that person to be joined as a party and to be duly notified of the pendency of the proceeding and of his joinder as a party. If the person joined as a party is outside this State he shall be served with process or otherwise notified in accordance with Section 20-7-792.

Section 20-7-804. (a) The court may order any party to the proceeding who is in this State to appear personally before the court. If that party has physical custody of the child the court may order that he appear personally with the child.

(b) If a party to the proceeding whose presence is desired by the court is outside this State with or without the child the court may order that the notice given under Section 20-7-792 include a statement directing that party to appear personally with or without the child and declaring that failure to appear may result in a decision adverse to that party.

(c) If a party to the proceeding who is outside this State is directed to appear under subsection (b) or desires to appear personally before the court with or without the child, the court may require another party to pay to the clerk of the court travel and other necessary expenses of the party so appearing and of the child if this is just and proper under the circumstances.

Section 20-7-806. A custody decree rendered by a court of this State which had jurisdiction under Section 20-7-788 binds all parties who have been served in this State or notified in accordance with Section 20-7-792 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to these parties the custody decree is conclusive as to all issues of law and fact decided and as to the custody determination made unless and until that determination is modified pursuant to law, including the provisions of this subarticle.

Section 20-7-808. The courts of this State shall recognize and enforce an initial or modification decree of a court of another state which had assumed jurisdiction under statutory provisions substantially in accordance with this act or which was made under factual circumstances meeting the jurisdictional standards of the act, so long as this decree has not been modified in accordance with jurisdictional standards substantially similar to those of this subarticle.

Section 20-7-810. (a) If a court of another state has made a custody decree, a court of this State shall not modify that decree unless (1) it appears to the court of this State that the court which rendered the decree does not now have jurisdiction under jurisdictional prerequisites substantially in accordance with this subarticle or has declined to assume jurisdiction to modify the decree and (2) the court of this State has jurisdiction.

(b) If a court of this State is authorized under subsection (a) and Section 20-7-798 to modify a custody decree of another state it shall give due consideration to the transcript of the record and other documents of all previous proceedings submitted to it in accordance with Section 20-7-826.

Section 20-7-812. (a) A certified copy of a custody decree of another state may be filed in the office of the clerk of any family court of this State. The clerk shall treat the decree in the same manner as a custody decree of the family court of this State. A custody decree so filed has the same effect and shall be enforced in like manner as a custody decree rendered by a court of this State.

(b) A person violating a custody decree of another state which makes it necessary to enforce the decree in this State may be required to pay necessary travel and other expenses, including attorneys' fees, incurred by the party entitled to the custody or his witnesses.

Section 20-7-814. The clerk of each family court of this State shall maintain a registry in which he shall enter the following:

(1) certified copies of custody decrees of other states received for filing;

(2) communications as to the pendency of custody proceedings in other states;

(3) communications concerning a finding of inconvenient forum by a court of another state;

(4) other communications or documents concerning custody proceedings in another state which may affect the jurisdiction of a court of this State or the disposition to be made by it in a custody proceeding.

Section 20-7-816. The clerk of a family court of this State, at the request of the court of another state or at the request of any person who is affected by or has a legitimate interest in a custody decree, shall certify and forward a copy of the decree to that court or person.

Section 20-7-818. In addition to other procedural devices available to a party, any party to the proceeding or a guardian ad litem or other representative of the child may adduce testimony of witnesses, including parties and the child, by deposition or otherwise, in another state. The court on its own motion may direct that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony shall be taken.

Section 20-7-820. (a) A court of this State may request the appropriate court of another state to hold a hearing to adduce evidence, to order a party to produce or give evidence under other procedures of that state, or to have social studies made with respect to the custody of a child involved in proceedings pending in the court of this State, and to forward to the court of this State certified copies of the transcript of the record of the hearing, the evidence otherwise adduced, or any social studies prepared in compliance with the request. The court in its discretion may order that the cost of these services be assessed against particular parties to the action.

(b) A court of this State may request the appropriate court of another state to order a party to custody proceedings pending in the court of this State to appear in the proceedings, and if that party has physical custody of the child, to appear with the child. The request may state that travel and other necessary expenses of the party and of the child whose appearance is desired will be assessed against another party to the action.

Section 20-7-822. (a) Upon request of the court of another state the courts of this State which are competent to hear custody matters may order a person in this State to appear at a hearing to adduce evidence or to produce or give evidence under other procedures available in this State or may order social studies to be made for use in a custody proceeding in another state. A certified copy of the transcript of the record of the hearing or the evidence otherwise adduced and any social studies prepared shall be forwarded by the clerk of the court to the requesting court.

(b) A person within this State may voluntarily give his testimony or statement in this State for use in a custody proceeding outside this State.

(c) Upon request of the court of another state a competent court of this State may order a person in this State to appear alone or with the child in a custody proceeding in another state. The court may condition compliance with the request upon assurance by the other state that travel and other necessary expenses will be advanced or reimbursed.

Section 20-7-824. In any custody proceeding in this State the court shall preserve the pleadings, orders and decrees, any record that has been made of its hearings, social studies and other pertinent documents until the child reaches eighteen years of age. Upon appropriate request of the court of another state the court shall forward to the other court certified copies of any or all of such documents.

Section 20-7-826. If a custody decree has been rendered in another state concerning a child involved in a custody proceeding pending in a court of this State, the court of this State upon taking jurisdiction of the case shall request of the court of the other state a certified copy of the transcript of any court record and other documents mentioned in Section 20-7-824.

Section 20-7-828. The statewide system of family courts established pursuant to Act 690 of 1976 is hereby declared to be the courts of this State where the provisions of this act shall be enforced or litigated; provided, however, that where the provisions of this subarticle require any action which is not within the jurisdiction of the family courts, the circuit courts of this State shall have jurisdiction to perform or order such action.

Section 20-7-830. The general policies of this subarticle extend to the international area. The provisions of this act relating to the recognition and enforcement of custody decrees of other states apply to custody decrees and decrees involving legal institutions similar in nature to custody, rendered by appropriate authorities of other nations if reasonable notice and opportunity to be heard were given to all affected persons."

Code sections changed

SECTION 2. The 1976 Code is amended by changing Section 20-7-740 to Section 20-7-735, Section 20-7-750 to Section 20-7-740, Section 20-7-760 to Section 20-7-745, Section 20-7-770 to Section 20-7-750, Section 20-7-780 to Section 20-7-755, Section 20-7-790 to Section 20-7-760, Section 20-7-800 to Section 20-7-765, Section 20-7-810 to Section 20-7-770, Section 20-7-820 to Section 20-7-775 and Section 20-7-830 to Section 20-7-780, by changing Section 20-7-830 to Section 20-7-780 in item (7) of Section 20-7-430 and by striking "Sections 20-7-400 through 20-7-1340 of the Family Court Act of 1968" and inserting "Sections 20-7-400, 20-7-410, 20-7-430, 20-7-460, 20-7-600, 20-7-620, 20-7-735, 20-7-740, 20-7-745, 20-7-750, 20-7-755, 20-7-1330, 20-7-1340 and 20-7-1520" in Section 20-7-2170.

Family courts to have exclusive jurisdiction

SECTION 2A. Section 20-7-420 of the 1976 Code, as contained in an act of 1981 bearing ratification number 110, is amended by inserting "exclusive" between "have" and "jurisdiction" on the second line.

The section, when amended, shall read:

"Section 20-7-420. Jurisdiction of family court in domestic matters.

The family court shall have exclusive jurisdiction:

(1) To hear and determine matters which come within the provisions of the Uniform Reciprocal Enforcement of Support Act.

(2) To hear and determine actions:

For divorce a vinculo Matrimonii, separate support and maintenance, legal separation, and in other marital litigation between the parties, and for settlement of all legal and equitable rights of the parties in such actions in and to the real and personal property of the marriage and attorneys' fees, if requested by either party in the pleadings.

(3) To hear and determine actions for the adoption of children.

(4) To hear and determine actions for termination of parental rights, whether such action is in connection with an action for adoption or apart therefrom.

(5) To hear and determine actions to determine the validity of marriages.

(6) To hear and determine actions for the annulment of marriage.

(7) To hear and determine actions to determine the legitimacy of children.

(8) To hear and determine actions for changing names, whether in connection with divorce or apart therefrom.

(9) To hear and determine actions for the correction of birth records.

(10) To consent to the enlistment of a minor in the military service or the employment of a minor, if a minor has no one standing in loco parentis to do so.

(11) To hear and determine proceedings within the county to compel the support of a spouse or child, whether legitimate or illegitimate.

(12) For the protection, guardianship and disposition of neglected or dependent minors in proceedings properly brought before it for the support of a spouse or child.

(13) In all cases or proceedings within the county against persons charged with failure to obey an order of the court made pursuant to authority conferred by law.

(14) To order support of a spouse or child, or both, irrespective of whether they are likely to become a public charge.

(15) To include in the requirements of an order for support the providing of necessary shelter, food, clothing, care, medical attention, expenses of confinement, both before and after the birth, the expense of educating his or her child and other proper and reasonable expenses.

(16) To require of persons legally chargeable with the support of a spouse or child, who are possessed of sufficient means or who are able to earn such means, the payment weekly, or at other fixed periods, of a fair and reasonable sum for such support, or as a contribution toward such support, according to the means of the persons so chargeable.

(17) To make all orders for support run until further order of the court, except that orders for support of a child shall run until the child is eighteen years of age or until the child is sooner married or becomes self-supporting or, where there are physical or mental disabilities of the child or other exceptional circumstances that warrant it, in the discretion of the court, during any period and beyond the child's minority as such physical or mental disabilities may continue.

(18) To make an order for support of a husband or wife and children by his or her spouse, even though he or she may have left the home, in cases where the spouse's conduct or condition or his or her cruel or inhuman behavior made it unsafe or improper for the deserting spouse to continue to live with him or her.

Such orders may require either spouse or any other party to the proceeding:

A. To stay away from the home or from the other or either spouse or children;

B. To permit either spouse to visit the children at stated periods;

C. To abstain from offensive conduct against the other spouse or either of them, or against the children;

D. To give proper attention to the care of the home;

E. To refrain from acts of commission or omission that tend to make the home not a proper place for the other, or either spouse, or the children.

(19) In furtherance of the complete disposition of cases in the jurisdiction of the court, to bring in and make parties to any proceedings pending in the court any person or persons charged with or alleged to be interfering with the marital relationship between a husband and wife, in violation of the law or of the rights of either party to the marriage, or whose presence to the proceedings may be found necessary to a complete determination of the issues therein, or the relief to which the parties thereto, or any of them, may be entitled, and shall have the power to enjoin and restrain such interference and to punish for contempt of court violations of such injunctions or restraining orders.

(20) To award the custody of the children, during the term of any order of protection, to either spouse, or to any other proper person or institution.

(21) To determine the manner in which sums ordered paid for support shall be paid and applied, either to a person through the court or through the clerk of court.

(22) To require a person ordered to support another to give security by a written undertaking that he will pay the sums ordered by the court for such support and, upon the failure of any person to give such security by a written undertaking when required by order of the court, to punish such person for contempt and, when appropriate, to discharge such undertaking.

(23) In lieu of requiring an undertaking, to suspend sentence and place on probation a person who has failed to support another as required by law, and to determine the conditions of such probation and require them to be observed, to revoke such suspension of sentence and probation, where circumstances warrant it, and to discharge a respondent from probation.

(24) To release on probation prior to the expiration of the full term a person committed to jail for failure to obey an order of the court, where the court is satisfied that the best interest of the family and the community will be served thereby.

(25) To modify or vacate any order issued by the court.

(26) To order either before, during or after a hearing a mental, physical and psychiatric examination as circumstances warrant.

(27) To exclude the public from the courtroom in a proper case.

(28) To send processes or any other mandates in any matter in which it has jurisdiction into any county of the State for service or execution in like manner and with the same force and effect as similar processes or mandates of the circuit courts, as provided by law.

(29) To compel the attendance of witnesses.

(30) To make any order necessary to carry out and enforce the provisions of this chapter, and to hear and determine any questions of support, custody, separation or any other matter over which the court has jurisdiction, without the intervention of a jury.

(31) To require spouse to furnish support or to be liable for nonsupport, as provided above, if, at the time of the filing of the petition for supports:

(A) He is residing or domicile(l in the county or when such area is the matrimonial domicile of the parties;

(B) He is not residing or domiciled in the area referred to in subsection (A), but is found therein at such time, provided the petitioner is so residing or domiciled at such time;

(C) He is neither residing or domiciled nor found in such area but, prior to such time and while so residing or domiciled, he shall have the child and thereafter shall have failed to furnish such support, provided that the petitioner is so residing or domiciled at that time.

(32) The petitioner need not continue to reside or be domiciled in such area where the cause of action arose, as provided in subsections (A) and (B) of this section, if the conduct of the respondent has been such as to make it unsafe or improper for her to so reside or be domiciled, and the petitioner may bring action in the court of the jurisdiction wherein she is thusly residing or has become domiciled.

Child day care facilities

SECTION 2B. Subsection b. of Section 20-7-2700 of the 1976 Code, as contained in an act of 1981 bearing ratification number 110, is amended to read:

"b. 'Child day care facilities' means any facility which provides care, supervision or guidance for any minor child who is not related by blood, marriage or adoption to the owner or operator of such a facility whether or not the facility is operated for profit and whether or not the facility makes a charge for services offered by it. This definition includes, but is not limited to, day nurseries, nursery schools, day care centers, group day care homes and family day care homes. The term does not include (1) any educational facility, whether private or public, which operates solely for educational purposes in grades one or above; (2) five-year-old kindergarten programs operated by public school systems; (3) kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age; (4) kindergartens or nursery schools or other daytime programs operated as part of a private school and receiving children younger than lawful school age for four hours a day or less, with or without stated educational purposes; (5) facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis as defined in this subarticle while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available; provided, however, that such facilities meet local fire and sanitation requirements; (6) summer resident or day camps for children; (7) Bible schools normally conducted during vacation periods; (8) facilities for the mentally retarded provided for in Article 3 of Chapter 21 of Title 44; (9) facilities for the mentally ill as provided for in Section 44-17-10; (10) child day care centers and group day care homes owned and operated by a local church congregation or an established religious denomination or a religious college or university which does not receive state or federal financial assistance for day care services; provided, however, that such facilities must comply with the provisions of Sections 20-7-2900 through 20-7-2970 and provided, further, that they may voluntarily elect to become licensed according to the process as set forth in Sections 20-7-2700 through 20-7-2780 and Section 20-7-2980 through 20-7-3090."

Provisions to control

SECTION 3. If the provisions of this act are inconsistent with the provisions of another state statute, the provisions of this act shall control.

Adult to serve sentence in minimum security state facility

SECTION 4. Notwithstanding any other provision of law, any adult sentenced for more than ninety days under the provisions of Chapter 7 of Title 20 of the 1976 Code may, in the discretion of the Family Court Judge, serve each time in a minimum security state facility.

Time effective

Section 5. This act shall take effect upon approval by the Governor.