Current Status Introducing Body:Senate Bill Number:354 Primary Sponsor:Richter Committee Number:11 Type of Legislation:GB Subject:Child abuse cases, legal representation Residing Body:Senate Current Committee:Judiciary Companion Bill Number:3330 Computer Document Number:436/12897AC.93 Introduced Date:19930203 Last History Body:Senate Last History Date:19930203 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Richter Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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354 Senate 19930203 Introduced, read first time, 11
referred to Committee
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TO AMEND SECTION 20-7-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL REPRESENTATION IN CHILD ABUSE AND NEGLECT PROCEEDINGS, SO AS TO PROVIDE THAT THE INTERESTS OF THE STATE AND THE LOCAL CHILD PROTECTIVE SERVICES AGENCY MUST BE REPRESENTED BY THE LEGAL REPRESENTATIVES OF THE DEPARTMENT OF SOCIAL SERVICES RATHER THAN BY THE CIRCUIT SOLICITOR OR THE CIRCUIT SOLICITOR'S REPRESENTATIVE; AND TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO INTERVENTION BY CHILD WELFARE AGENCIES AND DUTIES OF THE LOCAL CHILD PROTECTIVE AGENCY, SO AS TO DELETE REFERENCE TO THE CIRCUIT SOLICITOR WITH RESPECT TO THE COOPERATION THE AGENCY IS MANDATED TO PROVIDE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-110(C) of the 1976 Code is amended to read:
"(C) The interests of the State and the local child protective services agency shall must be represented by the circuit solicitor or his representative in the appropriate judicial circuit legal representatives of the Department of Social Services in any judicial proceeding."
SECTION 2. Section 20-7-650(M) of the 1976 Code, as last amended by Act 448 of 1992, is further amended to read:
"(M) The agency shall cooperate with law enforcement agencies and the circuit solicitor within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the child protective services agency. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the agency shall notify the appropriate law enforcement agency of those facts within twenty-four hours of the agency's finding for the purposes of police investigation. The law enforcement agency must shall file a formal incident report at the time it is notified by the agency of such the finding. When the intake report is of alleged sexual abuse, the agency must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency must shall file a formal incident report at the time it is notified of the alleged sexual abuse."
SECTION 3. This act takes effect upon approval by the Governor.