H*3974(Rat #0330, Act #0292 of 1998)  General Bill, By Campsen, Altman, Seithel, 
Woodrum and W.J. Young
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 20-7-1635 SO AS TO PROHIBIT PLACING A MINOR IN A FOSTER HOME IF THE MINOR HAS
 BEEN ADJUDICATED OR CONVICTED OF OR PLED GUILTY TO A SEX OFFENSE, AND TO
 PROVIDE AN EXCEPTION FOR PLACEMENT IN A THERAPEUTIC FOSTER HOME IF NO OTHER
 MINORS ARE IN THE HOME, AND TO AUTHORIZE THE PLACING AGENCY TO PETITION FOR AN
 EXCEPTION FOR GOOD CAUSE.-AMENDED TITLE

   04/10/97  House  Introduced and read first time HJ-92
   04/10/97  House  Referred to Committee on Judiciary HJ-92
   05/28/97  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   06/03/97  House  Amended HJ-77
   06/03/97  House  Read second time HJ-78
   06/04/97  House  Read third time and sent to Senate HJ-7
   06/04/97  Senate Introduced and read first time SJ-80
   06/04/97  Senate Referred to Committee on Judiciary SJ-80
   03/18/98  Senate Committee report: Favorable with amendment
                     Judiciary SJ-12
   03/19/98  Senate Amended SJ-36
   03/19/98  Senate Read second time SJ-36
   03/24/98  Senate Read third time and returned to House with
                     amendments SJ-17
   03/26/98  House  Debate adjourned on Senate amendments until
                     Wednesday, April 1, 1998 HJ-37
   04/01/98  House  Concurred in Senate amendment and enrolled HJ-25
   04/14/98         Ratified R 330
   04/20/98         Signed By Governor
   04/20/98         Effective date 04/20/98
   05/06/98         Copies available
   05/06/98         Act No. 292

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1635 SO AS TO PROHIBIT PLACING A MINOR IN A FOSTER HOME IF THE MINOR HAS BEEN ADJUDICATED OR CONVICTED OF OR PLED GUILTY TO A SEX OFFENSE, TO PROVIDE AN EXCEPTION FOR PLACEMENT IN A THERAPEUTIC FOSTER HOME IF NO OTHER MINORS ARE IN THE HOME, AND TO AUTHORIZE THE PLACING AGENCY TO PETITION FOR AN EXCEPTION FOR GOOD CAUSE.

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

Placement of certain juvenile offenders prohibited in foster care; exception

SECTION 1. The 1976 Code is amended by adding:

Section 20-7-1635. No agency may place a minor in a foster home if the agency has actual knowledge that the minor has been adjudicated delinquent for, or has pled guilty or nolo contendere to, or has been convicted of a sex offense, unless the placement is in a therapeutic foster home or unless the minor is the only child in the foster home at the time of placement and for the length of that minor's placement in the foster home. Notwithstanding this provision, the placing agency may petition the court for an order allowing the minor to be placed in a foster home, other than a therapeutic home, if good cause is shown. Good cause shall include, but not be limited to, the fact that the minor is being placed in a home with his siblings.

The placing agency must inform the foster parent in whose home the minor is placed of that minor's prior history of a sex offense. For purposes of this section the term 'sex offense' means:

(1) criminal sexual conduct in the first degree, as provided in Section 16-3-652;

(2) criminal sexual conduct in the second degree, as provided in Section 16-3-653;

(3) criminal sexual conduct in the third degree, as provided in Section 16-3-654;

(4) criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(1);

(5) criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(2) and (3);

(6) engaging a child for a sexual performance, as provided in Section 16-3-810;

(7) producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;

(8) assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;

(9) incest, as provided in Section 16-15-20;

(10) buggery, as provided in Section 16-15-120;

(11) committing or attempting lewd act upon child under sixteen, as provided in Section 16-15-140;

(12) violations of Article 3, Chapter 15 of Title 16 involving a child when the violations are felonies;

(13) accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;

(14) attempt to commit any of the offenses enumerated herein; or

(15) any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the minor's offense should be considered a sex offense.

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 20th day of April, 1998.