S 0243 {Rat #253, Act #224 of 2022} General Bill, By Young
 AN ACT TO AMEND SECTION 63-7-940, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO AUTHORIZED USES OF UNFOUNDED CHILD ABUSE AND NEGLECT REPORTS, SO
 AS TO AUTHORIZE THE RELEASE OF INFORMATION ABOUT CHILD FATALITIES OR NEAR
 FATALITIES; TO AMEND SECTION 63-7-1990, AS AMENDED, RELATING TO THE
 CONFIDENTIALITY AND RELEASE OF CHILD ABUSE AND NEGLECT RECORDS, SO AS TO
 AUTHORIZE THE RELEASE OF INFORMATION ABOUT CHILD FATALITIES OR NEAR
 FATALITIES; AND TO AMEND SECTION 63-7-20, AS AMENDED, RELATING TO CHILDREN'S
 CODE DEFINITIONAL TERMS, SO AS TO ADD A DEFINITION FOR "NEAR FATALITY". -
 ratified title

   12/09/20  Senate Prefiled
   12/09/20  Senate Referred to Committee on Family and Veterans' Services
   01/12/21  Senate Introduced and read first time
                     (Senate Journal-page 232)
   01/12/21  Senate Referred to Committee on Family and Veterans'
                     Services (Senate Journal-page 232)
   03/10/21  Senate Committee report: Favorable with amendment Family
                     and Veterans' Services (Senate Journal-page 7)
   03/11/21         Scrivener's error corrected
   03/23/21  Senate Committee Amendment Adopted (Senate Journal-page 18)
   03/23/21  Senate Amended (Senate Journal-page 18)
   03/25/21  Senate Read second time (Senate Journal-page 11)
   03/25/21  Senate Roll call Ayes-43  Nays-0 (Senate Journal-page 11)
   03/30/21  Senate Read third time and sent to House
                     (Senate Journal-page 8)
   04/06/21  House  Introduced and read first time (House Journal-page 126)
   04/06/21  House  Referred to Committee on Judiciary
                     (House Journal-page 126)
   05/03/22  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 77)
   05/05/22  House  Debate adjourned (House Journal-page 90)
   05/10/22  House  Amended (House Journal-page 46)
   05/10/22  House  Read second time (House Journal-page 46)
   05/10/22  House  Roll call Yeas-102  Nays-0 (House Journal-page 71)
   05/11/22  House  Read third time and returned to Senate with
                     amendments (House Journal-page 7)
   05/12/22  Senate Non-concurrence in House amendment
                     (Senate Journal-page 57)
   05/12/22  House  House insists upon amendment and conference
                     committee appointed Reps.  Bernstein, Collins,
                     Davis (House Journal-page 122)
   05/12/22  Senate Conference committee appointed  Young, Shealy,
                     McElveen (Senate Journal-page 58)
   06/15/22  House  Conference report received and adopted
                     (House Journal-page 72)
   06/15/22  House  Roll call Yeas-108  Nays-0 (House Journal-page 75)
   06/15/22  Senate Conference report received and adopted
                     (Senate Journal-page 85)
   06/15/22  Senate Roll call Ayes-42  Nays-0 (Senate Journal-page 85)
   06/15/22  Senate Ordered enrolled for ratification
                     (Senate Journal-page 89)
   06/16/22         Ratified R  253
   06/17/22         Signed By Governor
   06/28/22         Effective date  06/17/22
   06/28/22         Act No.  224

(A224, R253, S243)

AN ACT TO AMEND SECTION 63-7-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED USES OF UNFOUNDED CHILD ABUSE AND NEGLECT REPORTS, SO AS TO AUTHORIZE THE RELEASE OF INFORMATION ABOUT CHILD FATALITIES OR NEAR FATALITIES; TO AMEND SECTION 63-7-1990, AS AMENDED, RELATING TO THE CONFIDENTIALITY AND RELEASE OF CHILD ABUSE AND NEGLECT RECORDS, SO AS TO AUTHORIZE THE RELEASE OF INFORMATION ABOUT CHILD FATALITIES OR NEAR FATALITIES; AND TO AMEND SECTION 63-7-20, AS AMENDED, RELATING TO CHILDREN'S CODE DEFINITIONAL TERMS, SO AS TO ADD A DEFINITION FOR "NEAR FATALITY".

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

Use of unfounded child abuse or neglect case information

SECTION    1.    Section 63-7-940(A) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"(    )(a)    the state director or the director's designee, for the purpose of publicly disclosing findings or information about a prior unfounded case of child abuse or neglect in the preparation and release of reports pursuant to Section 63-7-1990(H), provided that the disclosed information is limited to the following:

(i)        the cause and circumstances regarding the child fatality or near fatality;

(ii)    the age and gender of the child;

(iii)    information describing any previous reports of child abuse or neglect that are pertinent to the abuse or neglect that led to the child fatality or near fatality;

(iv)    information describing any previous investigations pertinent to the abuse or neglect that led to the child fatality or near fatality;

(v)    the result of any such investigations; and

(vi)    the services provided by the State and actions of the State on behalf of the child that are pertinent to the child abuse or neglect that led to the child fatality or near fatality.

(b)    The department may delay public disclosure of findings or information pursuant to this item if the disclosure of the findings or information would threaten the safety or well-being of a child or the child's family, or if disclosure of the findings or information would impede a criminal investigation or endanger a reporter of abuse or neglect."

Release of information regarding child fatalities or near fatalities

SECTION    2.    Section 63-7-1990(H) of the 1976 Code is amended to read:

"(H)(1)    The state director or the director's designee is authorized to prepare and release reports of cases of child abuse or neglect which have resulted in a child fatality or near fatality provided that the disclosed information is limited to the following:

(a)    the cause and circumstances regarding the child fatality or near fatality;

(b)    the age and gender of the child;

(c)    information describing any previous reports of child abuse or neglect that are pertinent to the abuse or neglect that led to the child fatality or near fatality;

(d)    information describing any previous investigations pertinent to the abuse or neglect that led to the child fatality or near fatality;

(e)    the result of any such investigations; and

(f)    the services provided by the State and actions of the State on behalf of the child that are pertinent to the child abuse or neglect that led to the child fatality or near fatality.

(2)    The department may delay public disclosure of a report pursuant to this subsection if the disclosure of the report would threaten the safety or well-being of a child or the child's family, or if disclosure of the report would impede a criminal investigation or endanger a reporter of abuse or neglect."

Definitions

SECTION    3.    Section 63-7-20 of the 1976 Code, as last amended by Act 24 of 2021, is further amended by adding an appropriately numbered item to read:

"(    )    'Near fatality' means an act of abuse or neglect that, as certified by a physician, places a child in serious or critical condition."

Time effective

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

Ratified the 16th day of June, 2022.

Approved the 17th day of June, 2022.