South Carolina General Assembly
109th Session, 1991-1992

Bill 4167


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    4167
Primary Sponsor:                L. Martin
Type of Legislation:            GB
Subject:                        Child abuse cases, noncustodial
                                parent
Residing Body:                  Senate
Computer Document Number:       NO5/7956.AC
Introduced Date:                Jan 15, 1992
Date of Last Amendment:         May 21, 1992
Last History Body:              Senate
Last History Date:              May 21, 1992
Last History Type:              Amended, read second time
Scope of Legislation:           Statewide
All Sponsors:                   L. Martin
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4167  Senate  May 21, 1992  Amended, read second time
 4167  Senate  May 20, 1992  Committee Report: Favorable     11
                             with amendment
 4167  Senate  Apr 06, 1992  Introduced, read first time,    11
                             referred to Committee
 4167  House   Apr 02, 1992  Read third time, sent to
                             Senate
 4167  House   Apr 01, 1992  Amended, read second time
 4167  House   Mar 25, 1992  Committee Report: Favorable     25
                             with amendment
 4167  House   Jan 15, 1992  Introduced, read first time,    25
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

May 21, 1992

H. 4167

Introduced by REP. L. Martin

S. Printed 5/21/92--S.

Read the first time April 6, 1992.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-742 SO AS TO REQUIRE THAT A NONCUSTODIAL PARENT BE MADE A PARTY IN AN ABUSE, NEGLECT, OR DELINQUENCY MATTER BEFORE THE FAMILY COURT, AND TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO REMOVAL OF A CHILD FROM PARENTAL CUSTODY IN ABUSE AND NEGLECT CASES, SO AS TO INCLUDE AMONG THE FINDINGS REQUIRED THAT THERE IS NO RELATIVE, INCLUDING A NONCUSTODIAL PARENT, WITH WHOM THE CHILD MAY BE PLACED.

Amend Title To Conform

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

SECTION 1. The 1976 Code is amended by adding:

"Section 20-7-742. In all abuse, neglect, and delinquency matters before the family court, a noncustodial parent, if the address is known, must receive notice as to the filing of the action."

SECTION 2. Section 20-7-736(E) of the 1976 Code is amended by adding at the end:

"(4) There is no relative available, including a noncustodial parent, with whom the child may reasonably be placed who could adequately protect the child from harm."

SECTION 3. Section 14-1-215(B) of the 1976 Code, as amended by Act Number 355 of 1992, is further amended to read:

"(B) Except as provided by subsection (A), prior to any person appointed or elected to serve as a justice of the Supreme Court, Court of Appeals judge, or Circuit Court circuit court judge, or family court judge acting in that capacity, that person shall be screened in the manner provided by Section 2-19-10 and found by the committee to be qualified to serve."

SECTION 4. Sections 1 and 2 apply to those matters initiated in family court after this act's effective date.

SECTION 5. This act takes effect upon approval by the Governor.

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