South Carolina Legislature


 

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S 1151
Session 107 (1987-1988)


S 1151 General Bill, By N.W. Smith, J.C. Hayes and Moore
 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 and provide for a petition to be
 brought to show exceptional circumstances before birth or placement in an
 adoption by a nonresident; 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 are required; Section 20-7-1695, relating to persons
 from whom consent or relinquishment for adoption are not required, so as to
 delete the provisions for a parent who has been adjudged incompetent, to
 provide for a parent who is unlikely to provide minimally acceptable care, to
 require independent counsel to be appointed for an indigent parent, and to
 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 a consent
 or relinquishment in another jurisdiction 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 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; 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; and Section 20-7-1825, as amended, relating to
 the adoption of adults, so as to provide for notice to the biological parents.
   01/28/88  Senate Introduced and read first time SJ-9
   01/28/88  Senate Referred to Committee on Medical Affairs SJ-11




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