Current Status Introducing Body:House Bill Number:3693 Primary Sponsor:Vaughn Type of Legislation:GB Subject:Children, adoption provisions Residing Body:Senate Computer Document Number:CYY/15135SD.93 Introduced Date:19930311 Date of Last Amendment:19930520 Last History Body:Senate Last History Date:19940505 Last History Type:Committee Report: Favorable with amendment Scope of Legislation:Statewide All Sponsors:Vaughn Moody-Lawrence Waldrop J. Bailey Kirsh Farr Holt Stone Walker Littlejohn Gamble Richardson Cobb-Hunter Allison Wells Hines Huff Cato Harrelson Witherspoon Wofford P. Harris Gonzales Cooper Klauber Davenport Byrd Chamblee Houck Riser D. Wilder Lanford Wright Jaskwhich Mattos Haskins Corning Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 3693 Senate 19940505 Committee Report: Favorable 08 with amendment 3693 Senate 19930525 Introduced, read first time, 08 referred to Committee 3693 House 19930521 Read third time, sent to Senate 3693 House 19930520 Amended, read second time, unanimous consent for third reading on Friday, May 21, 1993 3693 House 19930506 Committee Report: Favorable 27 with amendment 3693 House 19930311 Introduced, read first time, 27 referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 5, 1994
H. 3693
Introduced by REPS. Vaughn, Moody-Lawrence, Waldrop, J. Bailey, Kirsh, Farr, Holt, Stone, Walker, Littlejohn, Gamble, Richardson, Cobb-Hunter, Allison, Wells, Hines, Huff, Cato, Harrelson, Witherspoon, Wofford, P. Harris, Gonzales, Cooper, Klauber, Davenport, Byrd, Chamblee, Houck, Riser, D. Wilder, Lanford, Wright, Jaskwhich, Mattos, Haskins and Corning
S. Printed 5/5/94--S.
Read the first time May 25, 1993.
To whom was referred a Bill (H. 3693), to amend Section 20-7-1670, as amended, Code of Laws of South Carolina, 1976, relating to persons who may petition for the adoption of a child, 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 2, SECTION 1, line 7, by adding after the word /for/ the following:
/at least/
Amend title to conform.
HARVEY S. PEELER, for Committee.
TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHERE THE CHILD HAS BEEN IN FOSTER CARE FOR SIX MONTHS AFTER REQUIRED CONSENTS HAVE BEEN OBTAINED AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-1670 of the 1976 Code, as last amended by Act 653 of 1988, is further amended to read:
"Section 20-7-1670. Any South Carolina resident may petition the court to adopt a child. Placement of children for adoption pursuant to this Subarticle 7, Article 11, Chapter 7 of Title 20 is limited to South Carolina residents with exceptions being made in the following circumstances only:
(a) the child is a special needs child, as defined by Section 20-7-1650;
(b) there has been public notoriety concerning the child or child's family, and the best interests of the child would be served by placement outside this State;
(c) the child is to be placed for adoption with a relative related biologically or by marriage;
(d) at least one of the adoptive parents is in the military service stationed in South Carolina; or
(e) there are unusual or exceptional circumstances such that the best interests of the child would be served by placement with or adoption by nonresidents of this State; or
(f) the child has been in foster care for six months after having been legally freed for adoption and no South Carolina resident has been identified as a prospective adoptive home.
Before a child is placed within or outside the boundaries of this State for adoption with nonresidents of this State, compliance with Subarticle 11, Article 11, Chapter 7 of Title 20 (Interstate Compact on the Placement of Children) is required, and a judicial determination must be made in this State that one of the circumstances in items (a) through (e) (f) of this section applies, whether or not the adoption proceedings are instituted in South Carolina. Additionally, in order to determine if any of the circumstances in items (a) through (e) (f) of this section apply so as to permit placement with a nonresident for the purpose of adoption or adoption by a nonresident, a petition may be brought for the determination before the birth of the child or before placement of the child with the prospective adoptive parents. In ruling on this question the court must include in its order specific findings of fact as to the circumstances allowing the placement of a child with a nonresident or the adoption of a child by a nonresident. The order resulting from this action does not prohibit or waive the right to refuse to consent to a release of rights or relinquish rights at a later time nor to withdraw a consent or relinquish at a later time as provided in this chapter. The order must be merged with and made a part of any subsequent adoption proceeding initiated in South Carolina."
SECTION 2. This act takes effect upon approval by the Governor.