H*3289(Rat #0366, Act #0332 of 1984)  General Bill, By P. Evatt, D.M. Beasley and 
Wilkins

Similar(S 674)
 A Bill to amend Section 20-7-690, Code of Laws of South Carolina, 1976,
 relating to the Children's Code and confidentiality of reports and records, so
 as to include the ombudsman of the office of the Governor, any person or
 agency having legal responsibility or authorization to care for, treat, or
 supervise the child or the child's family, the attorney of any person who is
 the subject of a report, and the child's attorney in the list of individuals
 or institutions allowed to receive reports maintained by the Department of
 Social Services, local child protective agencies, and the central registry of
 child abuse and neglect; to provide that any person engaged in a bona fide
 research purpose is included in the list but only to the extent the
 Commissioner of Social Services has not limited the researcher; to delete the
 provision prohibiting information regarding the names, addresses, and other
 identifying characteristics of subjects of the report to be made available to
 the researcher; and to provide for "any person who is the subject of a report"
 to mean any person who is alleged or determined to have abused or neglected
 the child and to provide for the child not to be included in the
 meaning.-amended title

   01/03/84  House  Prefiled
   01/03/84  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs
   01/10/84  House  Introduced and read first time HJ-330
   01/10/84  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-330
   02/16/84  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-922
   02/21/84  House  Amended HJ-965
   02/21/84  House  Read second time HJ-966
   02/22/84  House  Read third time and sent to Senate HJ-986
   02/23/84  Senate Introduced and read first time SJ-753
   02/23/84  Senate Referred to Committee on Medical Affairs SJ-754
   03/07/84  Senate Committee report: Favorable Medical Affairs SJ-917
   03/13/84  Senate Amended SJ-990
   03/22/84  Senate Read second time SJ-1161
   03/22/84  Senate Ordered to third reading with notice of
                     amendments SJ-1161
   03/27/84  Senate Amended SJ-1191
   03/27/84  Senate  Read third time SJ-1191
   03/27/84  Senate Returned SJ-1191
   04/03/84  House  Concurred in Senate amendment and enrolled HJ-2109
   04/05/84         Ratified R 366
   04/06/84         Signed By Governor
   04/06/84         Effective date 04/06/84
   04/06/84         Act No. 332
   04/19/84         Copies available

AN ACT TO AMEND SECTION 20-7-690, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE AND CONFIDENTIALITY OF REPORTS AND RECORDS, SO AS TO INCLUDE THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR, ANY PERSON OR AGENCY HAVING LEGAL RESPONSIBILITY OR AUTHORIZATION TO CARE FOR, TREAT, OR SUPERVISE THE CHILD OR THE CHILD'S FAMILY, THE ATTORNEY OF ANY PERSON WHO IS THE SUBJECT OF A REPORT, AND THE CHILD'S ATTORNEY IN THE LIST OF INDIVIDUALS OR INSTITUTIONS ALLOWED TO RECEIVE REPORTS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES, LOCAL CHILD PROTECTIVE SERVICE AGENCIES, AND THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT; TO PROVIDE THAT ANY PERSON ENGAGED IN A BONA FIDE RESEARCH PURPOSE IS INCLUDED IN THE LIST BUT ONLY TO THE EXTENT THE COMMISSIONER OF SOCIAL SERVICES HAS NOT LIMITED THE RESEARCHER; TO DELETE THE PROVISION PROHIBITING INFORMATION REGARDING THE NAMES, ADDRESSES, AND OTHER IDENTIFYING CHARACTERISTICS OF SUBJECTS OF THE REPORT TO BE MADE AVAILABLE TO THE RESEARCHER; AND TO PROVIDE FOR "ANY PERSON WHO IS THE SUBJECT OF A REPORT" TO MEAN ANY PERSON WHO IS ALLEGED OR DETERMINED TO HAVE ABUSED OR NEGLECTED THE CHILD AND TO PROVIDE FOR THE CHILD NOT TO BE INCLUDED IN THE MEANING.

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

Exceptions

SECTION 1. Subsection (B) of Section 20-7-690 of the 1976 Code, as added by Act 71 of 1981, is amended to read:

"(B) Information contained in reports described in subsection (A) must not be made available to any individual or institution except:

(1) Appropriate staff of the State Department of Social Services, local child protective services agencies, the ombudsman of the office of the Governor, any person or agency having legal responsibility or authorization to care for, treat, or supervise the child or the child's family, multidisciplinary evaluation teams empaneled by the agencies, and law enforcement agencies investigating suspected cases of abuse and neglect.

(2) Any person who is the subject of a report or that person's attorney, subject to the qualifications provided in subsection (C).

(3) Family courts conducting child abuse and neglect or child protective proceedings.

(4) Any person engaged in a bona fide research purpose, with written permission of and with any limitations imposed by the Commissioner of the State Department of Social Services.

(5) Any person appointed as a child's guardian ad litem pursuant to Section 20-7-110 and the child's attorney."

Definition

SECTION 2. Subsection (D) of Section 20-7-690 of the 1976 Code, as added by Act 71 of 1981, is amended to read:

"(D) For the purpose of this section, 'any person who is the subject of a report' means any person who is alleged or determined to have abused or neglected the child, who is mentioned by name in a report or finding."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.