S 998 Session 112 (1997-1998)
S 0998 General Bill, By Courtney and Holland
Similar(H 4468)
A BILL TO AMEND SECTION 19-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN
CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE
CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE
TWELVE; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF
THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS
CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND
SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7,
CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES
IN THE CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO
PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE
DUTY TO REPORT EXISTS REGARDLESS OF WHO THE REPORTER BELIEVES TO BE THE
PERPETRATOR OF THE ABUSE; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO
IMMUNITY FROM LIABILITY FOR REPORTING CHILD ABUSE OR NEGLECT, SO AS TO EXPAND
THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR
NEGLECT; TO AMEND SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY OF THE
DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD
PROTECTIVE SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT
EMPLOYEES; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY
PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROCEDURES; TO AMEND
SECTION 20-7-618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY
MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH
DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND
SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF
SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY
THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN INVESTIGATION OF A CHILD WHO
DIED OF ABUSE OR NEGLECT WITHIN TWENTY-FOUR HOURS UNLESS OTHER CHILDREN ARE IN
THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE
CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND
SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT
REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES
WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE
DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP
CONFERENCE; TO AMEND SECTION 20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN
REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM "TREATMENT
PLAN" TO "PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO
THE PERMANENCY PLANNING HEARING FOR CHILDREN IN FOSTER CARE, SO AS TO PROVIDE
THAT A SUPPLEMENTAL REPORT MUST BE ATTACHED TO A MOTION FOR A REVIEW RATHER
THAN TO A SUMMONS AND COMPLAINT; TO AMEND SECTION 20-7-1572, AS AMENDED,
RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD AS A GROUND FOR
TERMINATION, CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING
CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-7-2376, AS AMENDED, RELATING
TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE
THE BOARDS TO SUBMIT TO THE COURT WRITTEN REPORTS, DISTINCTIVE FROM OTHER
DOCUMENTS IN THE FILE; TO AMEND SECTION 59-63-31 RELATING TO GROUNDS FOR
ATTENDING A PUBLIC SCHOOL IN A DISTRICT WITHOUT CHARGE IF THE CHILD IS IN THE
CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THESE GROUNDS;
TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE
SERVICES SYSTEM, SO AS TO CLARIFY THAT THE EVALUATION REQUIRED TO BE CONDUCTED
IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL
SERVICES IN COUNTIES PARTICIPATING IN THE PILOT AND TO EXPAND FROM THIRTY TO
FORTY-FIVE DAYS THE TIME WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE
TO BE REFERRED TO THE PILOT SYSTEM.
02/05/98 Senate Introduced and read first time SJ-9
02/05/98 Senate Referred to Committee on Judiciary SJ-9
A BILL
TO AMEND SECTION 19-1-180, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY
CERTAIN CHILDREN, SO AS TO EXPAND THE
ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE
CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY,
OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND
SECTION 20-7-420, AS AMENDED, RELATING TO THE
JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE
THE AUTHORITY TO HEAR AND DETERMINE ACTIONS
CONCERNING CONTROL OF A MINOR, INCLUDING
GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490,
AS AMENDED, RELATING TO DEFINITIONS USED IN
ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY
THESE DEFINITIONS TO OTHER ARTICLES IN THE
CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS
AMENDED, RELATING TO PERSONS REQUIRED TO REPORT
CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT
THE DUTY TO REPORT EXISTS REGARDLESS OF WHO THE
REPORTER BELIEVES TO BE THE PERPETRATOR OF THE
ABUSE; TO AMEND SECTION 20-7-540, AS AMENDED,
RELATING TO IMMUNITY FROM LIABILITY FOR
REPORTING CHILD ABUSE OR NEGLECT, SO AS TO
EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE
IN AN INVESTIGATION OF ABUSE OR NEGLECT; TO AMEND
SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY
OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL
FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE
SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO
ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND
SECTION 20-7-610, AS AMENDED, RELATING TO
EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS
TO REVISE CERTAIN PROCEDURES; TO AMEND SECTION
20-7-618 RELATING TO DETAINMENT OF ABUSED OR
NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS
WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT
SUCH DETAINMENT IS NOT KEEPING A CHILD IN
EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION
20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE
DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH
CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT
THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN
INVESTIGATION OF A CHILD WHO DIED OF ABUSE OR
NEGLECT WITHIN TWENTY-FOUR HOURS UNLESS OTHER
CHILDREN ARE IN THE HOME OR IF THE ALLEGED
PERPETRATOR IS THE PARENT OR GUARDIAN AND TO
REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN
PLACEMENT WITH A RELATIVE; TO AMEND SECTION
20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY
OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS
TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES
WHICH MAY HAVE ACCESS TO THESE REPORTS AND
RECORDS AND TO AUTHORIZE THE DEPARTMENT TO
DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS
IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION
20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN
REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS
TO CHANGE THE TERM "TREATMENT PLAN" TO
"PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS
AMENDED, RELATING TO THE PERMANENCY PLANNING
HEARING FOR CHILDREN IN FOSTER CARE, SO AS TO
PROVIDE THAT A SUPPLEMENTAL REPORT MUST BE
ATTACHED TO A MOTION FOR A REVIEW RATHER THAN
TO A SUMMONS AND COMPLAINT; TO AMEND SECTION
20-7-1572, AS AMENDED, RELATING TO TERMINATION OF
PARENTAL RIGHTS, SO AS TO ADD AS A GROUND FOR
TERMINATION, CONVICTION FOR CERTAIN CRIMES
AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC
VIOLENCE; TO AMEND SECTION 20-7-2376, AS AMENDED,
RELATING TO FUNCTIONS AND POWERS OF LOCAL
FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE
BOARDS TO SUBMIT TO THE COURT WRITTEN REPORTS,
DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE; TO
AMEND SECTION 59-63-31 RELATING TO GROUNDS FOR
ATTENDING A PUBLIC SCHOOL IN A DISTRICT WITHOUT
CHARGE IF THE CHILD IS IN THE CUSTODY OF THE
DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE
THESE GROUNDS; TO AMEND JOINT RESOLUTION 157 OF
1997 RELATING TO THE PILOT CHILD PROTECTIVE
SERVICES SYSTEM, SO AS TO CLARIFY THAT THE
EVALUATION REQUIRED TO BE CONDUCTED IS THE ONLY
EVALUATION THAT MUST BE PERFORMED BY THE
DEPARTMENT OF SOCIAL SERVICES IN COUNTIES
PARTICIPATING IN THE PILOT AND TO EXPAND FROM
THIRTY TO FORTY-FIVE DAYS THE TIME WITHIN WHICH A
DETERMINATION MUST BE MADE FOR A CASE TO BE
REFERRED TO THE PILOT SYSTEM.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 19-1-180(A) of the 1976 Code, as added by
Act 649 of 1988, is amended to read:
"(A) An out-of-court statement made by a child who is
under twelve years of age or who functions cognitively,
adaptively, or developmentally under the age of twelve at the
time of the a family court proceeding brought
pursuant to Section 20-7-610 or 20-7-736 Title 20
concerning an act of abuse or neglect as defined by Section 20-7-490
that is not otherwise admissible in evidence is admissible in
the family court proceeding if the requirements of this section are met
regardless of whether it would be otherwise admissible."
SECTION 2. Section 20-7-420 of the 1976 Code, as last amended
by Act 71 of 1997, is further amended by adding an appropriately
numbered item at the end to read:
"( ) To hear and determine actions concerning control of the person
of a minor, including guardianship of the minor."
SECTION 3. That portion of Section 20-7-490 of the 1976 Code
preceding the enumerated items and as last amended by Act 450 of
1996 is further amended to read:
"When used in this article , or in Article 9, Article 11, or
Subarticle 7 of Article 13, and unless the specific context
indicates otherwise:"
SECTION 4. Section 20-7-510(A) of the 1976 Code, as last
amended by Act 450 of 1996, is further amended by adding at the
end:
"If the reporter believes that a child has been abused or neglected
by someone other than the child's parent, guardian, or other person
responsible for the child's welfare, the report must be made to the
appropriate law enforcement agency by the reporter."
SECTION 5. Section 20-7-540 of the 1976 Code, as last amended
by Act 450 of 1996, is further amended to read:
"Section 20-7-540. A person required or permitted to report
pursuant to this article or who participates in an investigation
or judicial proceedings resulting from the report, acting in good
faith, is immune from civil and criminal liability which might
otherwise result by reason of these actions. In all such civil or
criminal proceedings good faith is rebuttably presumed.
Immunity under this section extends to full disclosure by the
person of facts which gave the person reason to believe that the
child's physical or mental health or welfare had been or might be
adversely affected by abuse or neglect."
SECTION 6. Section 20-7-545 of the 1976 Code, as amended by
Act 101 of 1997, is further amended to read:
"Section 20-7-545. An employee, volunteer, or official of the
Department of Social Services required or authorized to perform
child protective or child welfare-related functions or an
individual with whom the department has contracted to convene
family group conferences or a law enforcement officer required
or authorized to perform child protective or child welfare related
functions is immune from civil or criminal liability which might
otherwise result by reason of acts or omissions within the scope of
the official duties of the employee, volunteer, convener,
officer, or official, so long as the employee, volunteer,
convener, officer, or official acted in good faith and was not
reckless, wilful, wanton, or grossly negligent. In all such civil or
criminal proceedings good faith is rebuttably presumed. This grant
of immunity is cumulative to and does not replace any other
immunity provided under the South Carolina Tort Claims Act."
SECTION 7. Section 20-7-610(A)(1), (I)(2), (M), and (N) of the
1976 Code, as last amended by Act 130 of 1997, is further amended
to read:
"(1) the officer has probable cause to believe that by reason of
abuse or neglect the child's life, health, or physical safety is in
substantial and imminent danger if the child is not taken into
emergency physical custody or emergency protective
custody, and there is not time to apply for a court order
pursuant to Section 20-7-736. When a child is taken into emergency
protective custody following an incident of excessive corporal
punishment, and the only injury to the child is external
lesions or minor bruises, other children in the home shall not be taken
into emergency protective custody solely on account of the injury of
one child through excessive corporal punishment. However, the
officer may take emergency protective custody of other children in
the home if a threat of harm to them is further indicated by factors
including, but not limited to, a prior history of domestic violence or
other abuse in the home, alcohol or drug abuse if known or evident
at the time of the initial contact, or other circumstances indicative of
danger to the children;"
"(2) both the relative or other person with whom the child is to
be placed and the child's parent or guardian have agreed to the
placement, the department may retain physical custody of the child
for no more than five additional days if necessary to enable the
relative or other person to make travel or other arrangements incident
to the placement. A probable cause hearing pursuant to
subsection (M) shall not be held unless the placement fails to occur
as planned within the five-day period or the child's parent or
guardian makes a written request for a hearing to the department.
Upon receipt of a written request for a hearing from the child's parent
or guardian, the department shall schedule a hearing for the next date
on which the family court is scheduled to hear probable cause
hearings. If the placement does not occur as planned within
the five-day period, the department immediately must determine
whether to assume legal custody of the child and file a petition as
provided in subsection (K). The department shall assure that the
child is given age-appropriate information about the plans for
placement and any subsequent changes in those plans at the earliest
feasible time."
"(M) The family court shall schedule a probable cause hearing to
be held within seventy-two hours of the time the child was taken into
emergency protective custody. If the third day falls upon a Saturday,
Sunday, or holiday, the probable cause hearing must be held no later
than the next working day. If there is no term of court in the county
when the probable cause hearing must be held, the hearing must be
held in another county in the circuit. If there is no term of family
court in another county in the circuit, the probable cause hearing may
be heard in another court in an adjoining circuit. The probable cause
hearing may be conducted by video conference at the discretion of
the judge. At the probable cause hearing, the family court shall
undertake to fulfill the requirements of Section 20-7-110 and shall
determine whether there was probable cause for taking emergency
protective custody and for the department to assume legal custody of
the child and shall determine whether probable cause to retain legal
custody of the child remains at the time of the hearing. At the
probable cause hearing, the respondents may submit affidavits as to
facts which are alleged to form the basis of the removal and to
cross-examine the department's witnesses as to whether there existed
probable cause to effect emergency removal. The hearing on the
merits to determine whether removal of custody is needed,
pursuant to Section 20-7-736, must be held within thirty-five days of
the date of receipt of the removal petition. At the probable cause
hearing, the court shall set the time and date for the hearing on the
merits. Because of its jurisdictional nature, the hearing on the merits
may be continued only where exceptional circumstances exist, and
the hearing must be completed within sixty-five days following
receipt of the removal petition. The time frames provided for in this
section are for the protection of the rights of the child and the child's
parent, guardian, or other person responsible for the child's welfare,
and they may be waived only on motion of one of these parties.
(N) An order issued as a result of the probable cause hearing held
pursuant to subsection (K) concerning a child of whom the
department has assumed legal custody shall contain a finding by the
court of whether reasonable efforts were made by the department to
prevent removal of the child and a finding of whether continuation of
the child in the home would be contrary to the welfare of the child.
The order shall state:
(1) the services made available to the family before the
department assumed legal custody of the child and how they related
to the needs of the family;
(2) the efforts of the department to provide services to the
family before assuming legal custody of the child;
(3) why the efforts to provide services did not eliminate the
need for the department to assume legal custody;
(4) whether a meeting was convened as provided in subsection
(D), the persons present, and the outcome of the meeting or, if no
meeting was held, the reason for not holding a meeting;
(5) what efforts were made to place the child with a relative
known to the child or in another familiar environment;
(6) whether the efforts to eliminate the need for the department
to assume legal custody were reasonable including, but not limited to,
whether services were reasonably available and timely, reasonably
adequate to address the needs of the family, reasonably adequate to
protect the child and realistic under the circumstances, and whether
efforts to place the child in a familiar environment were reasonable.
If the court finds that reasonable services would not have
allowed the child to remain safely in the home, the court shall find
that removal of the child without services or without further services
was reasonable."
SECTION 8. That portion of Section 20-7-618(A) of the 1976
Code preceding the enumerated text and as added by Act 450 of 1996
is amended to read:
"A physician or hospital to which a child has been brought for
treatment may detain the child in emergency physical custody
for up to twenty-four hours without the consent of the person
responsible for the child's welfare if the physician or hospital:"
SECTION 9. Section 20-7-650(C) of the 1976 Code, as last
amended by Act 450 of 1996, is further amended by adding at the
end:
"This section does not require the department to investigate reports
of child abuse or neglect which resulted in the death of the child
unless there are other children residing in the home or a resident of
the home is pregnant or the subject of the report is the parent,
guardian, or person responsible for the welfare of another child
regardless of whether that child resides in the home."
SECTION 10. Section 20-7-650(R) of the 1976 Code, as amended
by Act 132 of 1997, is further amended to read:
"(R) The department must cooperate with law enforcement
agencies within the area it serves and establish procedures necessary
to facilitate the referral of child protection cases to the department.
Where the facts indicating abuse or neglect also appear to indicate a
violation of criminal law, the department must notify the appropriate
law enforcement agency of those facts within twenty-four hours of
the department's finding for the purposes of police investigation.
The law enforcement agency must file a formal incident report at the
time it is notified by the department of the finding. When the intake
report is of alleged sexual abuse, the department must notify the
appropriate law enforcement agency within twenty-four hours of
receipt of the report to determine if a joint investigation is necessary.
The law enforcement agency must file a formal incident report at the
time it is notified of the alleged sexual abuse. In cases where the
agency retains custody of the minor children and physical placement
of the children is in the care of relatives, the agency must provide the
same services along with financial benefits provided to other licensed
foster care placement and facilities, provided the adults with whom
the child is placed meet all qualifications applicable to foster
parents."
SECTION 11. Section 20-7-690(B) (6), (7), (13), and (14), (C) and
(D) of the 1976 Code, as last amended by Act 450 of 1996, are
further amended to read:
"(6) a child ten fourteen years of age or older
who is the subject of a report named in a report as a
victim of child abuse or neglect, except in regard to information
that the department may determine to be detrimental to the emotional
well-being of the child;
(7) the parents or guardians of a child who is the subject of
a report named in a report as a victim of child abuse or
neglect;
(13) authorities in other states conducting child abuse and neglect
proceedings or child custody proceedings investigations
or providing child welfare services;
(14) courts in other states conducting child abuse and neglect
investigations or providing child welfare services
proceedings or child custody proceedings;
(C) The department may limit the information disclosed to
individuals and entities named in subsection (B) (13), (14),
(15), (16), (17), (18), and (20) to that information necessary to
accomplish the purposes for which it is requested or for which it is
being disclosed. Nothing in this subsection gives to these entities or
persons the right to review or copy the complete case record.
(D) When a request for access to the record comes from an
individual identified in subsection (A)(B)(5), (6), or
(7) or that person's attorney, the department shall review any reports
from medical care providers and mental health care providers to
determine whether the report contains information that does not
pertain to the case decision, to the treatment needs of the family as a
whole, or to the care of the child. If the department determines that
these conditions exist, before releasing the document, the department
shall provide a written notice identifying the report to the requesting
party and to the person whose treatment or assessment was the
subject of the report. The notice may be mailed to the parties
involved or to their attorneys or it may be delivered in person. The
notice shall state that the department will release the report after ten
days from the date notice was mailed to all parties and that any party
objecting to release may apply to the court of competent jurisdiction
for relief. When a medical or mental health provider or agency
furnishes copies of reports or records to the department and
designates in writing that those reports or records are not to be further
disclosed, the department must not disclose those documents to
persons identified in subsection (A)(B)(5), (6), or (7)
or that person's attorney. The department shall identify to the
requesting party the records or reports withheld pursuant to this
subsection and shall advise the requesting party that he may contact
the medical or mental health provider or agency about release of the
records or reports."
SECTION 12. Section 20-7-690 of the 1976 Code, as last amended
by Act 450 of 1996, is further amended by adding an appropriately
lettered subsection at the end to read:
"( ) The department may disclose to participants in a family group
conference relevant information concerning the child or family or
other relevant information to the extent that the department
determines that the disclosure is necessary to accomplish the purpose
of the family group conference. Participants in the family group
conference must be instructed to maintain the confidentiality of
information disclosed by the agency."
SECTION 13. That portion of Section 20-7-765(A) of the 1976
Code preceding the enumerated items and as added by Act 450 of
1996 is amended to read:
"When the conditions justifying removal pursuant to Section
20-7-736 include the addiction of the parent or abuse by the parent of
controlled substances, the court may require as part of the
treatment placement plan ordered pursuant to Section
20-7-764:"
SECTION 14. Section 20-7-766(H) of the 1976 Code, as last
amended by Act 450 of 1996, is further amended to read:
"(H) All proceedings provided for in this section must be
initiated by filing of a summons and complaint with a supplemental
report attached. The summons, complaint, A supplemental
report must be attached to a motion filed pursuant to subsection (A).
The supplemental report, and notice of the hearing must
be served upon all named parties at least forty days before the
hearing."
SECTION 15. Section 20-7-1572 of the 1976 Code, as last amended
by Act 22 of 1997, is further amended by adding an appropriately
numbered item at the end to read:
"( ) The parent has been convicted of or pled guilty or nolo
contendere to an offense against the person as provided for in Title
16, Chapter 3, criminal domestic violence as defined in Section
16-25-20, criminal domestic violence of a high and aggravated nature
as defined in Section 16-25-65, or the common law offense of assault
and battery of a high and aggravated nature, and the act on which the
conviction or the plea of guilty or nolo contendere was based
involved physical abuse of a child of the parent which resulted in the
child's death or admission to the hospital for in-patient care."
SECTION 16. Section 20-7-2376(A) of the 1976 Code, as last
amended by Act 39 of 1987, is further amended to read:
"(A) To review every six months but no less frequently than once
every six months the cases of children who have resided in public
foster care for a period of more than four consecutive months and to
review every six months the cases of children who have resided in
private foster care for a period of more than six consecutive months
to determine what efforts have been made by the supervising agency
or child caring facility to acquire a permanent home for the child.
Following review of a case pursuant to this section, the local
foster care review board shall submit a written report and
recommendations to the court concerning the case. In order that the
report and recommendations of the foster care review board be easily
identifiable and accessible by the judge, they must be visually distinct
from other documents in the case file in their coloring or other
prominent aspect. A child's return home for temporary
placements, trial placements, visits, holidays, weekend visits, or
changes from one foster care placement to another must not be
construed to mean a break or lapse in determination of a consecutive
four-month period for children in public foster care or six-month
period for children in private foster care;"
SECTION 17. Section 59-63-31 of the 1976 Code, as added by Act
163 of 1991, is amended to read:
"Section 59-63-31. (A) Children within the ages
prescribed in Section 59-63-20 also are entitled to attend the public
schools of a school district, without charge, if:
(1) the child resides with one of the following who is a resident
of the school district:
(a) a person who is not the child's parent or legal guardian to
whom the child's custody has been awarded by a court of competent
jurisdiction;
(b) a foster parent or in a residential community-based care
facility licensed by the Department of Social Services or operated by
the Department of Social Services or the Department of Youth
Services; or
(c) the child resides with an adult resident of the school
district as a result of:
(i) the death, serious illness, or incarceration of a parent or
legal guardian;
(ii) the relinquishment by a parent or legal guardian of the
complete control of the child as evidenced by the failure to provide
substantial financial support and parental guidance;
(iii) abuse or neglect by a parent or legal guardian;
(iv) the physical or mental condition of a parent or legal
guardian is such that he or she cannot provide adequate care and
supervision of the child; or
(v) a parent's or legal guardian's homelessness, as that
term is defined by Public Law 100-77;
(2) the child is emancipated and resides in the school district; or
(3) the child is homeless or is a child of a homeless individual,
as defined in Public Law 100-77, as amended.
In addition to the above requirements of this section
subsection, the child shall also satisfy the requirements of
Section 59-63-30(d) and (e).
(B) A child within the ages prescribed in Section 59-63-20 is
entitled to continue attending a particular public school or a successor
school in the same school district without charge if:
(1) the child has been attending the school or a predecessor
school prior to being taken into custody by the Department of Social
Services or prior to being moved from one placement to another by
the department;
(2) the Department of Social Services places the child outside
the school district or school attendance zone in a foster home or
residential community-based facility licensed or operated by the
department; and
(3) the Department of Social Services has determined that it is
in the child's best interest for the child to continue attending the
school and that transportation for the child to and from the school is
reasonably available."
SECTION 18. Section 1(C) of Joint Resolution 157 of 1997 is
amended by adding at the end:
"Notwithstanding any other provision of law, the evaluation
provided for in this subsection is the only evaluation or performance
audit of the child protective services system that is required to be
conducted by the department in counties participating in the pilot."
SECTION 19. Section 3(A) of Joint Resolution 157 of 1997 is
amended to read:
"(A) In cases determined to be appropriate for an assessment
track, the department must within twenty-four hours after acceptance
of the report commence an assessment to determine whether or not
the child is an abused or neglected child as defined in Section
20-7-490 of the 1976 Code and, if so, to identify and facilitate the
provision of services to minimize the threat of future abuse and
neglect. This determination must be made within thirty days after
the assessment is commenced forty-five days after
acceptance of the report. If the department determines that
children in the home have not been abused or neglected, the case
must be closed. When closing a case, the department may refer the
family to appropriate service providers or provide written information
to the family concerning problems identified in the assessment. An
assessment does not require an indication of abuse or neglect by the
department or placement of the alleged perpetrator on the Central
Registry of Child Abuse and Neglect."
SECTION 20. This act takes effect upon approval by the Governor.
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