Bill 3641

                    Current Status

Bill Number:               3641
Ratification Number:       349
Act Number                 328
Introducing Body:          House
Subject:                   Duties of local child protective
                           agencies

(A328, R349, H3641)

AN ACT TO AMEND SECTION 20-7-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR A PETITION TO BE FILED WITH INSTEAD OF NOTICE TO THE FAMILY COURT WHEN AN AGENCY INITIATES PROTECTIVE SERVICES AND TO REQUIRE A HEARING WITHIN FORTY INSTEAD OF NINETY DAYS AFTER THE FILING.

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

Petition requirement instead of notice; hearing within forty days

SECTION 1. Section 20-7-650(H) of the 1976 Code is amended to read:

"(H) Where the agency initiates protective services in cases of indicated physical, mental, or sexual abuse, it shall petition the family court of the jurisdiction of the services offered within one week after the initiation of the services. The family court shall schedule a hearing within forty days after the filing of the petition to determine whether:

(1) the agency had reasonable cause to initiate the services offered;

(2) the services being offered are reasonable in light of the agency's justification for intervention.

In all proceedings under this section the agency has the burden of proof by a preponderance of the evidence, except in cases where the agency has alleged mental injury, in which case the evidence must be clear and convincing."

Time effective

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

Approved the 20th day of February, 1990.