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Bill Number: 4005 Ratification Number: 656 Act Number 570 Introducing Body: House Subject: Removal petition hearings
(A570, R656, H4005)
AN ACT TO AMEND SECTION 20-7-736, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND REMOVAL PROCEEDINGS, SO AS TO LENGTHEN THE TIME WITHIN WHICH A HEARING MUST BE HELD ON A REMOVAL PETITION FROM THIRTY TO FORTY DAYS OF THE DATE THE PETITION IS RECEIVED.
Be it enacted by the General Assembly of the State of South Carolina:
Removal petition hearings
SECTION 1. Section 20-7-736(D) of the 1976 Code is amended to read:
"(D) Upon receipt of a removal petition under this section, the Family Court shall schedule a hearing to be held within forty days of the date of receipt to determine whether removal is necessary.
The Family Court shall notify the parent or guardian of the hearing by delivering a copy of the petition, together with a notice of the hearing, which must include the date and time of the hearing and an explanation of the right of the parent or guardian to an attorney under Section 20-7-110. The Family Court shall effect delivery at least twenty-four hours before the hearing. The respondent must be allowed to seek leave of court for a continuance of not less than forty-eight hours."
SECTION 2. This act takes effect upon approval by the Governor.