H 3915  General Bill, By Kimmons, Davis, Mace, Murphy, Rutherford, Trantham, 
Rose, Caskey, Felder, Simmons, Ott, Weeks, Erickson, Henegan, Norrell, Gilliard, 
S.Williams and Bannister
 A BILL TO AMEND SECTIONS 63-7-10 AND 63-7-1620, CODE OF LAWS OF SOUTH
 CAROLINA, 1976, RELATING TO PRINCIPLES OF THE STATE'S CHILD WELFARE SYSTEM AND
 LEGAL REPRESENTATION OF THE DEPARTMENT OF SOCIAL SERVICES IN CHILD ABUSE AND
 NEGLECT PROCEEDINGS, RESPECTIVELY, SO AS TO CLARIFY THAT LEGAL REPRESENTATIVES
 OF THE DEPARTMENT MUST ENSURE THAT CHILD WELFARE AND SAFETY ARE THE SOLE BASIS
 OF DEPARTMENT RECOMMENDATIONS AND DECISIONS IN SUCH PROCEEDINGS AND THAT THE
 LEGAL REPRESENTATIVES HAVE THE SOLE DISCRETION ON BEHALF OF THE DEPARTMENT
 OVER ANY DECISIONS PERTAINING TO SUCH PROCEEDINGS.
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   02/06/19  House  Introduced and read first time (House Journal-page 70)
   02/06/19  House  Referred to Committee on Judiciary
                     (House Journal-page 70)
   03/20/19  House  Member(s) request name added as sponsor: Rose
   03/21/19  House  Member(s) request name added as sponsor: Caskey
   03/26/19  House  Member(s) request name added as sponsor: Felder
   03/27/19  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 70)
   03/28/19  House  Member(s) request name added as sponsor: Simmons
   04/02/19  House  Member(s) request name added as sponsor: Ott, Weeks
   04/09/19  House  Member(s) request name added as sponsor:
                     Erickson, Henegan, Norrell
   04/09/19  House  Requests for debate-Rep(s).  King, Brawley,
                     Cobb-Hunter, Henderson-Myers, Parks, Wheeler,
                     Long, Ott, Gilliard, Dilliard, R. Williams
                     (House Journal-page 49)
   04/09/19  House  Requests for debate-Rep(s).  S. Williams,
                     Pendarvis, Moore, Simmons, Jefferson
                     (House Journal-page 142)
   04/09/19  House  Requests for debate removed-Rep(s).  Dilliard,
                     Wheeler, Ott, R. Williams,Parks, Henderson-Myers
                     (House Journal-page 177)
   04/09/19  House  Requests for debate removed-Rep(s).  Gilliard,
                     Long (House Journal-page 161)
   04/30/19  House  Requests for debate removed-Rep(s).  Pendarvis,
                     Cobb-Hunter, Brawley, King, Jefferson, S.
                     Williams, Moore, Simmons (House Journal-page 31)
   05/01/19  House  Member(s) request name added as sponsor:
                     Gilliard, S.Williams, Bannister
   05/01/19  House  Amended (House Journal-page 12)
   05/01/19  House  Read second time (House Journal-page 12)
   05/01/19  House  Roll call Yeas-88  Nays-7 (House Journal-page 13)
   05/02/19  House  Read third time and sent to Senate
                     (House Journal-page 24)
   05/02/19  Senate Introduced and read first time (Senate Journal-page 10)
   05/02/19  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 10)

Indicates Matter Stricken

Indicates New Matter

AMENDED

May 1, 2019

H. 3915

Introduced by Reps. Kimmons, Davis, Mace, Murphy, Rutherford, Trantham, Rose, Caskey, Felder, Simmons, Ott, Weeks, Erickson, Henegan, Norrell, Gilliard, S. Williams and Bannister

S. Printed 5/1/19--H.

Read the first time February 6, 2019.

TO AMEND SECTIONS 63-7-10 AND 63-7-1620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRINCIPLES OF THE STATE'S CHILD WELFARE SYSTEM AND LEGAL REPRESENTATION OF THE DEPARTMENT OF SOCIAL SERVICES IN CHILD ABUSE AND NEGLECT PROCEEDINGS, RESPECTIVELY, SO AS TO CLARIFY THAT LEGAL REPRESENTATIVES OF THE DEPARTMENT MUST ENSURE THAT CHILD WELFARE AND SAFETY ARE THE SOLE BASIS OF DEPARTMENT RECOMMENDATIONS AND DECISIONS IN SUCH PROCEEDINGS AND THAT THE LEGAL REPRESENTATIVES HAVE THE SOLE DISCRETION ON BEHALF OF THE DEPARTMENT OVER ANY DECISIONS PERTAINING TO SUCH PROCEEDINGS.

Amend Title To Conform

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

SECTION    1.    Section 63-7-10(A) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( )    The Department of Social Services legal representatives must ensure that the child's welfare and safety are the predominant basis of all department recommendations and decisions pertaining to abuse and neglect proceedings."

SECTION    2.    Section 63-7-1620(4) of the 1976 Code is amended to read:

"(4)    The interests of the State and the Department of Social Services must be represented by the legal representatives of the Department of Social Services in any judicial proceeding, who shall ensure that the child's welfare and safety are the predominant basis of any department recommendations and decisions and who shall have sole discretion on behalf of the department whether to file a child abuse or neglect petition in the family court. The attorney acting as the legal representative in a particular proceeding shall have sole discretion on behalf of the department over any decisions regarding the pursuit, settlement, or appeal of a pending action."

SECTION    3.    This act takes effect upon approval by the Governor.