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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