Current Status Introducing Body:Senate Bill Number:1353 Primary Sponsor:Bryan Type of Legislation:GB Subject:Minor, neglect cause of delinquency of Residing Body:Senate Computer Document Number:1353 Introduced Date:Mar 03, 1992 Last History Body:Senate Last History Date:May 07, 1992 Last History Type:Committee Report: majority favorable, with amendment, minority unfavorable Scope of Legislation:Statewide All Sponsors:Bryan Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1353 Senate May 07, 1992 Committee Report: majority 11
favorable, with amendment,
minority unfavorable
1353 Senate Mar 03, 1992 Introduced, read first time, 11
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 7, 1992
S. 1353
S. Printed 5/7/92--S.
Read the first time March 3, 1992.
To whom was referred a Bill (S. 1353), to amend Chapter 7 of Title 20 of the Children's Code, Code of Laws of South Carolina, 1976, by adding Section 20-7-345, so as to provide that a parent may be subject to criminal penalty or imprisonment for improper supervision , etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, beginning on line 35, in Section 20-7-345(B), as contained in SECTION 1, by striking /in ensuring/ and inserting /over the minor to ensure/ .
Amend the bill further, as and if amended, page 1, line 42, in Section 20-7-345(B), as contained in SECTION 1, by inserting after /minor/ the words /or the failure of the minor to comply with the court ordered directives/ .
Amend the bill further, as and if amended, page 2, beginning on line 7, in Section 20-7-345(D), as contained in SECTION 1, by striking /care or custody of a minor or such other adult with whom the minor may be found residing./ and inserting /legal custody of a minor. A parent under this section does not include a foster parent or a person with temporary custody./ .
Amend the bill further, as and if amended, page 2, line 10, by adding an appropriately numbered section to read:
/SECTION . Section 20-7-400 of the 1976 Code, as last amended by Act 571 of 1990, is further amended to read:
"Section 20-7-400. (A) Except as otherwise provided herein, the court shall have exclusive original jurisdiction and shall be the sole court for initiating action:
(1) Concerning any child living or found within the geographical limits of its jurisdiction:
(a) Who who is neglected as to proper or necessary support or education as required by law, or as to medical, psychiatric, psychological or other care necessary to his well-being, or who is abandoned by his parent or other custodian;
(b) Whose whose occupation, behavior, condition, environment or associations are such as to injure or endanger his welfare or that of others;
(c) Who who is beyond the control of his parent or other custodian;
(d) Who who is alleged to have violated or attempted to violate any state or local law or municipal ordinance, regardless of where the violation occurred except as provided in Section 20-7-410. In addition, the court shall have exclusive original jurisdiction of a parent of a minor as provided in Section 20-7-345;
(e) Whose whose custody is the subject of controversy, except in those cases where the law now gives other courts concurrent jurisdiction. In the consideration of these cases, the court shall have concurrent jurisdiction to hear and determine the issue of custody and support.
(2) For the treatment or commitment to any mental institution of a mentally defective or mentally disordered or emotionally disturbed child. Provided, that nothing herein is intended to conflict with the authority of probate courts in dealing with mental cases.
(3) Concerning any child seventeen years of age or over, living or found within the geographical limits of the court's jurisdiction, alleged to have violated or attempted to violate any State state or local law or municipal ordinance prior to having become seventeen years of age and such person shall be dealt with under the provisions of this chapter relating to children.
(4) For the detention of a juvenile in a juvenile detention facility who is charged with committing a criminal offense when detention in a secure facility is found to be necessary pursuant to the standards set forth in Section 20-7-600 and when the facility exists in, or is otherwise available to, the county in which the crime occurred.
(B) Whenever the court has acquired the jurisdiction of any child under seventeen years of age, jurisdiction continues so long as, in the judgment of the court, it may be necessary to retain jurisdiction for the correction or education of the child, but jurisdiction shall terminate when the child attains the age of twenty-one years. Any child who has been adjudicated delinquent and placed on probation by the court remains under the authority of the court only until the expiration of the specified term of his probation. This specified term of probation may expire before but not after the eighteenth birthday of the child."/
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
JAMES E. BRYAN THEO W. MITCHELL
For Majority. For Minority.
TO AMEND CHAPTER 7 OF TITLE 20 OF THE CHILDREN'S CODE, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-345, SO AS TO PROVIDE THAT A PARENT MAY BE SUBJECT TO CRIMINAL PENALTY OR IMPRISONMENT FOR IMPROPER SUPERVISION OF A MINOR CHARGED WITH A CRIMINAL ACT WHEN SUCH NEGLECT IS A PROXIMATE CAUSE OF THE FURTHER DELINQUENCY OF THE MINOR.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 7 of Title 20 of the 1976 Code is amended by adding:
"Section 20-7-345. (A) Whenever a minor shall be arrested and charged with the commission of any criminal act within the State, a parent of such minor shall be immediately notified and shall be made a defendant and required to appear with the child at any judicial proceeding in family court.
(B) Upon the issuance of an order in the adjudication of a juvenile proceeding, a parent is responsible for exercising reasonable control in ensuring that the minor complies with the court order if such order does not result in legal confinement of the minor in an institution. The parent may be deemed guilty of parental neglect if such parent fails to exercise reasonable parental control and such neglect is a proximate cause of the further delinquency of the minor.
(C) Upon conviction for violation of this section, a person may be fined up to one thousand dollars or imprisoned for not more than six months, or both.
(D) For the purposes of this section, a `parent' includes a mother, father, legal guardian, and other persons having the care or custody of a minor or such other adult with whom the minor may be found residing."
SECTION 2. This act takes effect upon approval by the Governor.