H 4492  General Bill, By Putnam, Clyburn, Collins, Clary, Erickson, Long, Ryhal, 
Herbkersman, Newton, Tinkler, Jordan, Hicks, McCoy, M.S.McLeod, Douglas, 
Henegan, Allison, G.M.Smith, Funderburk, Finlay and Pitts
 A BILL TO AMEND SECTION 63-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO NOTICE OF CHILD ABUSE AND NEGLECT HEARINGS, SO AS TO REQUIRE THE
 DEPARTMENT OF SOCIAL SERVICES TO PROVIDE TEN DAYS NOTICE OF A HEARING TO,
 AMONG OTHERS, FOSTER PARENTS AND TO REQUIRE THE NOTICE TO INFORM FOSTER
 PARENTS OF THE RIGHT TO SUBMIT A REPORT TO THE COURT; TO AMEND SECTION
 63-7-1700, AS AMENDED, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER
 CARE, SO AS TO REQUIRE THE DEPARTMENT TO PROVIDE NOTICE OF A PERMANENCY
 PLANNING HEARING TO FOSTER PARENTS AND OTHER PERSONS PROVIDING CARE FOR A
 CHILD; AND TO AMEND SECTION 63-11-720, RELATING TO FUNCTIONS OF THE FOSTER
 CARE REVIEW BOARD, SO AS TO REQUIRE THE FOSTER CARE REVIEW BOARD TO ADVISE
 FOSTER PARENTS ABOUT THE RIGHT TO SUBMIT A REPORT TO AND BE HEARD BY THE COURT
 AT A HEARING CONCERNING THE CHILD.
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   12/03/15  House  Prefiled
   12/03/15  House  Referred to Committee on Judiciary
   01/12/16  House  Introduced and read first time (House Journal-page 81)
   01/12/16  House  Referred to Committee on Judiciary
                     (House Journal-page 81)
   03/02/16  House  Member(s) request name added as sponsor: Collins,
                     Clary, Erickson, Long, Ryhal, Herbkersman,
                     Newton, Tinkler, Jordan, Hicks, McCoy,
                     M.S.McLeod, Douglas, Henegan, Allison,
                     G.M.Smith, Funderburk
   03/03/16  House  Member(s) request name added as sponsor: Finlay
   04/13/16  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 80)
   04/19/16  House  Member(s) request name added as sponsor: Pitts
   04/19/16  House  Amended (House Journal-page 29)
   04/19/16  House  Read second time (House Journal-page 29)
   04/19/16  House  Roll call Yeas-102  Nays-0 (House Journal-page 31)
   04/20/16  House  Adopted, sent to Senate (House Journal-page 227)
   04/20/16  Senate Introduced and read first time (Senate Journal-page 4)
   04/20/16  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 4)
   04/20/16  Senate Referred to Subcommittee:  Young (ch), McElveen, Shealy
   05/11/16  Senate Committee report: Favorable with amendment
                     Judiciary (Senate Journal-page 16)
   05/12/16         Scrivener's error corrected
   05/24/16  Senate Committee Amendment Amended and Adopted
                     (Senate Journal-page 30)
   05/24/16  Senate Amended (Senate Journal-page 30)
   05/24/16  Senate Read second time (Senate Journal-page 30)
   05/24/16  Senate Roll call Ayes-42  Nays-0 (Senate Journal-page 30)
   05/25/16  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 11)
   05/25/16         Scrivener's error corrected
   05/26/16  House  Non-concurrence in Senate amendment
                     (House Journal-page 72)
   05/26/16  House  Roll call Yeas-0  Nays-89 (House Journal-page 72)
   06/01/16  Senate Senate insists upon amendment and conference
                     committee appointed  Shealy, Young, McElveen
                     (Senate Journal-page 10)
   06/01/16  House  Conference committee appointed  Putnam, McCoy, 
                     Norrell (House Journal-page 10)
   06/15/16  House  Conference report adopted (House Journal-page 29)
   06/15/16  House  Roll call Yeas-101  Nays-0 (House Journal-page 32)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED AND AMENDED

May 24, 2016

H. 4492

Introduced by Reps. Putnam, Clyburn, Collins, Clary, Erickson, Long, Ryhal, Herbkersman, Newton, Tinkler, Jordan, Hicks, McCoy, M.S. McLeod, Douglas, Henegan, Allison, G.M. Smith, Funderburk, Finlay and Pitts

S. Printed 5/24/16--S.    [SEC 5/25/16 3:24 PM]

Read the first time April 20, 2016.

TO AMEND SECTION 63-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF CHILD ABUSE AND NEGLECT HEARINGS, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE TEN DAYS NOTICE OF A HEARING TO, AMONG OTHERS, FOSTER PARENTS AND TO REQUIRE THE NOTICE TO INFORM FOSTER PARENTS OF THE RIGHT TO SUBMIT A REPORT TO THE COURT; TO AMEND SECTION 63-7-1700, AS AMENDED, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE DEPARTMENT TO PROVIDE NOTICE OF A PERMANENCY PLANNING HEARING TO FOSTER PARENTS AND OTHER PERSONS PROVIDING CARE FOR A CHILD; AND TO AMEND SECTION 63-11-720, RELATING TO FUNCTIONS OF THE FOSTER CARE REVIEW BOARD, SO AS TO REQUIRE THE FOSTER CARE REVIEW BOARD TO ADVISE FOSTER PARENTS ABOUT THE RIGHT TO SUBMIT A REPORT TO AND BE HEARD BY THE COURT AT A HEARING CONCERNING THE CHILD.

Amend Title To Conform

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

SECTION    1.    Section 63-7-1630 of the 1976 Code is amended to read:

"Section 63-7-1630.    The department shall provide notice of a hearing held in connection with an action filed or pursued under pursuant to subarticle 3, Article 3, Chapter 7, Title 63 or Section 63-7-1650, 63-7-1660, 63-7-1670, 63-7-1680, 63-7-1700, or 63-7-2550 to the foster parent, the preadoptive parent, or the relative who is providing care for a child. The department shall send notice pursuant to this section at least ten days prior to the hearing, except where the parties to the action receive less than ten days' notice. The notice must be in writing and may be delivered in person or by regular mail. The notice shall inform the foster parent, preadoptive parent, or relative of the following:

(1)    the date, place, and time of the hearing and of;

(2)    the right to attend the hearing; and

(3)    the right to address the court and concerning the child.

Notice provided pursuant to this section does not confer on the foster parent, preadoptive parent, or relative the status of a party to the action."

SECTION    2.    Section 63-7-1700(A) of the 1976 Code, as last amended by Act 160 of 2010, is further amended to read:

"(A)    The family court shall review the status of a child placed in foster care upon motion filed by the department to determine a permanent plan for the child. The permanency planning hearing must be held no later than one year after the date the child was first placed in foster care. At the initial permanency planning hearing, the court shall review the status of the child and the progress being made toward the child's return home or toward any other permanent plan approved at the removal hearing. The court's order shall make specific findings in accordance with this section. An action for permanency planning must be brought for a child who enters the custody of the department by any mechanism, including subarticle 3 or Section 63-7-1660 or 63-9-330. If the child enters the custody of the department pursuant to Section 63-9-330 and no action is pending in the family court concerning the child, the department may initiate the permanency planning hearing with a summons and petition for review. All parties must be served with the motion or the summons and petition at least ten days before the hearing, and no responsive pleading is required. The foster parent, the preadoptive parent, or the relative who is providing care for the child must receive the motion or the summons and petition, delivered in person or sent by regular mail, at least ten days before the hearing, except where the parties to the action receive less than ten days' notice of the hearing."

SECTION    3.    Section 63-11-720(A)(6)-(7) of the 1976 Code is amended to read:

"(6)    to advise foster parents of the right to address the court at a hearing concerning the child;

(7)    to recommend that a child caring facility or agency exert all possible efforts to make arrangements for permanent foster care or guardianship for children for whom return to natural parents or adoption is not feasible or possible as determined during a case review by the local review board; and

(7)(8)    to report to the state office of the Department of Social Services and other adoptive or foster care agencies any deficiencies in these agencies' efforts to secure permanent homes for children discovered in the local board's review of these cases as provided for in items (1) and (2) of this section."

SECTION    4.    This act takes effect upon approval by the Governor.