S 0531 General Bill, By L.E. Richter, Jackson, Patterson, Reese, Ryberg, 
Waldrep and Wilson

Similar(H 4084)
 A Bill to amend Section 20-7-1340, Code of Laws of South Carolina, 1976, so as
 to provide that the solicitor may petition the court to order the parent or
 parents of a child who is committed by the court to the custody other than
 that of his parents or who is given medical, psychological, or psychiatric
 treatment under order of the court to pay child support when such child is
 committed to or detained in the custody of a county detention facility or the
 Department of Youth Services; to require the court in making its determination
 whether to order child support to consider the conduct of the parent in
 supervising and providing care for the child; and to amend Section 20-7-2180
 of the 1976 Code, so as to provide that all expenses of a child committed to
 the custody of the Department of Youth Services shall be borne by the State
 except as such expenses are otherwise provided pursuant to law.

   03/10/93  Senate Introduced and read first time SJ-3
   03/10/93  Senate Referred to Committee on Judiciary SJ-4

A BILL

TO AMEND SECTION 20-7-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE SOLICITOR MAY PETITION THE COURT TO ORDER THE PARENT OR PARENTS OF A CHILD WHO IS COMMITTED BY THE COURT TO THE CUSTODY OTHER THAN THAT OF HIS PARENTS OR WHO IS GIVEN MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC TREATMENT UNDER ORDER OF THE COURT TO PAY CHILD SUPPORT WHEN SUCH CHILD IS COMMITTED TO OR DETAINED IN THE CUSTODY OF A COUNTY DETENTION FACILITY OR THE DEPARTMENT OF YOUTH SERVICES; TO REQUIRE THE COURT IN MAKING ITS DETERMINATION WHETHER TO ORDER CHILD SUPPORT TO CONSIDER THE CONDUCT OF THE PARENT IN SUPERVISING AND PROVIDING CARE FOR THE CHILD; AND TO AMEND SECTION 20-7-2180 OF THE 1976 CODE, SO AS TO PROVIDE THAT ALL EXPENSES OF A CHILD COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES SHALL BE BORNE BY THE STATE EXCEPT AS SUCH EXPENSES ARE OTHERWISE PROVIDED PURSUANT TO LAW.

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

SECTION 1. Section 20-7-1340 of the 1976 Code is amended to read:

"Section 20-7-1340. Whenever a child is committed by the court to custody other than that of his parents, or is given medical, psychological, or psychiatric treatment under order of the court, and no provision is otherwise made by law for the support of such child or payment for such treatment, compensation for the care and treatment of such child, when approved by order of the court, shall be subject to whatever provision may be made (for the financing of indigents) by the county where such child is a resident. the solicitor of such county may petition the court to order the parent or parents of such child to pay child support when such child is committed to or detained in the custody of a county detention facility or the Department of Youth Services. The court may, after giving the parent a reasonable opportunity to be heard, order and decree that such parent shall pay, in such manner as the court may direct, such sum within his ability to pay as to cover in whole or in part the support and treatment of such child. In making its determination whether to order child support, the court shall consider the conduct of the parent in supervising and providing care for the child. If the parent shall wilfully fail or refuse to pay such sum, the court may proceed against him or her as for contempt."

SECTION 2. Section 20-7-2180 of the 1976 Code is amended to read:

"Section 20-7-2180. From the time of lawful reception of any child by the Board of Youth Services and during his stay in custody in a correctional institution operated by the Department department, he shall be under the exclusive care, custody, and control of the Board board. All expenses shall be borne by the State except as such expenses are otherwise provided pursuant to law."

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