Current Status Introducing Body:Senate Bill Number:583 Primary Sponsor:Stilwell Committee Number:11 Type of Legislation:GB Subject:Genetic testing Residing Body:Senate Current Committee:Judiciary Companion Bill Number:3419 Computer Document Number:583 Introduced Date:Feb 05, 1991 Last History Body:Senate Last History Date:Feb 05, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Stilwell Type of Legislation:General Bill
Bill Body Date Action Description CMN
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583 Senate Feb 05, 1991 Introduced, read first time, 11
referred to Committee
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TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO PROVIDE THAT GENETIC TESTING IS REQUIRED IN ALL CHILD SUPPORT CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE WHERE THE COURT DETERMINES THAT THE INDIVIDUAL HAS GOOD CAUSE FOR REFUSING TO SUBMIT TO GENETIC TESTING BECAUSE OF THE POTENTIAL FOR EMOTIONAL OR PHYSICAL HARM TO THE CHILD, TO THE CUSTODIAL PARENT WHERE THE HARM REDUCES THE PERSON'S ABILITY TO CARE FOR THE CHILD, TO THE PUTATIVE PARENT WHERE THE HARM OUTWEIGHS THE CHILD'S INTEREST IN PATERNITY DETERMINATION, OR THE POTENTIAL FOR VIOLATION OF AN OVERRIDING RELIGIOUS BELIEF OF EITHER THE CUSTODIAL OR THE PUTATIVE PARENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-954(B) of the 1976 Code, as last amended by Act 562 of 1990, is further amended to read:
"(B) For all child support cases administered under Title IV-D of the Social Security Act, the child and all other parties in a contested paternity case, upon the request of any party, must be ordered by the court to submit to genetic testing to determine paternity. This testing is not required where the individual involved has good cause for failing to cooperate pursuant to the provisions of Section 402(a)(26)(B) of the Social Security Act or where the court determines that the individual involved has good cause for refusing to submit to genetic testing because of (a) the potential for emotional or physical harm to the child, (b) the potential for emotional or physical harm to the custodial parent where the harm reduces the person's ability to care for the child, (c) the potential for physical or emotional harm to the putative parent where that harm outweighs the child's interest in paternity determination, or (d) the potential or violation of an overriding religious belief of either the custodial parent or the putative parent."
SECTION 2. This act takes effect upon approval by the Governor.