South Carolina General Assembly
110th Session, 1993-1994

Bill 5069


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    5069
Primary Sponsor:                Neal
Committee Number:               25
Type of Legislation:            GB
Subject:                        Responsibility in Parenting
                                Act of 1994
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       CYY/15917AC.94
Introduced Date:                19940413
Last History Body:              House
Last History Date:              19940413
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Neal
                                Govan
                                Shissias
                                Cobb-Hunter
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

5069  House   19940413      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.)

A BILL

TO ENACT THE RESPONSIBILITY IN PARENTING ACT OF 1994 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-105 SO AS TO PROVIDE THAT A PARENT OF A CHILD UNDER SIXTEEN YEARS OF AGE IS GUILTY OF FAILURE TO SUPERVISE AND CONTROL THE CHILD IF UNDER CERTAIN CONDITIONS THE CHILD IS TRUANT, COMMITS A STATUS OFFENSE, OR COMMITS CERTAIN OTHER CRIMES AND TO PROVIDE PENALTIES; BY ADDING SECTION 20-7-107 SO AS TO PROVIDE THAT A PARENT OF A CHILD UNDER THE AGE OF SEVENTEEN MAY BRING AN ACTION FOR "PARENTAL REQUEST FOR ASSISTANCE" SEEKING A FAMILY ASSESSMENT IF THE CHILD HAS ALLEGEDLY COMMITTED A STATUS OFFENSE; BY ADDING SECTION 20-7-753 SO AS TO AUTHORIZE THE FAMILY COURT TO DESIGNATE A LEAD STATE AGENCY TO CONDUCT A FAMILY ASSESSMENT AND RECOMMEND A SERVICE PLAN FOR FAMILIES BEFORE THE COURT IN CERTAIN PROCEEDINGS AND TO REQUIRE THE COURT TO REVIEW THE ASSESSMENT AND ADOPT A PLAN FOR ADDRESSING FAMILY PROBLEMS; TO AMEND SECTION 20-7-340, AS AMENDED, RELATING TO MALICIOUS INJURY TO PROPERTY BY A MINOR, SO AS TO INCREASE FROM FIVE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS THE AMOUNT FOR WHICH A PARENT MAY BE RESPONSIBLE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARENTS OF A CHILD BROUGHT BEFORE THE COURT ON A DELINQUENCY OR STATUS OFFENSE MATTER AND PARTIES IN A DOMESTIC VIOLENCE MATTER TO COOPERATE WITH AND PARTICIPATE IN A PLAN ADOPTED BY THE COURT.

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

SECTION 1. This act may be cited as "The Responsibility in Parenting Act of 1994".

SECTION 2. The 1976 Code is amended by adding:

"Section 20-7-105. (A) A parent or legal guardian of a child under the age of sixteen is guilty of failure to supervise and control the child if the child is:

(1) found truant ten days or more during a regular school year or five or more days during a summer session of school;

(2) adjudicated a third or subsequent time for committing a status offense, as defined in Section 20-7-30;

(3) adjudicated delinquent a third or subsequent time for a nonviolent crime, not provided for in item (4);

(4) adjudicated delinquent for:

(a) a violent crime as defined in Section 16-1-60;

(b) a crime in which an illegal weapon was used;

(c) distributing or trafficking in unlawful drugs as provided for in Title 44, Chapter 53, Article 3;

(d) an alcohol offense for which the penalty if committed by an adult is for more than one year.

(B) A parent or legal guardian who is found guilty of failure to supervise and control a child, as provided for in subsection (A), is guilty of a misdemeanor and upon conviction must be imprisoned not more than three years or fined not more than three thousand dollars or both. In lieu of imprisonment or upon suspension of a sentence, the parent or legal guardian may be ordered to complete an appropriate term of community service upon terms and conditions as the circuit court may order.

(C) In sentencing a parent or legal guardian under this section, the circuit court may take into consideration mitigating circumstances including the parent's or legal guardian's participation in a treatment plan developed for the family as provided for in Section 20-7-753 or any other provision of this chapter, the parent's or legal guardian's legal status with regard to custody of the child, and other circumstances which the court may consider appropriate."

SECTION 3. The 1976 Code is amended by adding:

"Section 20-7-107. A parent, legal guardian, or person having custody or person who has assumed custodial responsibility of a child under the age of seventeen who allegedly has committed a status offense as defined in Section 20-7-30 may bring a `Parental Request for Assistance' action in family court seeking a family assessment as provided for in Section 20-7-753 or such other relief as the court may consider appropriate. However, this section may not be construed as prohibiting the court from taking action against the juvenile as may be within the jurisdiction of the court."

SECTION 4. The 1976 Code is amended by adding:

"Section 20-7-753. (A) In any juvenile delinquency, parental request for assistance, or domestic violence proceeding before the family court, the court may designate a state agency as the lead agency to conduct a family assessment. The assessment, a report of and the report must include, but are not limited to, the strengths and weaknesses of the family, problems interfering with the functioning of the family and with the best interests of the children in the family, and recommendations for a comprehensive service plan to strengthen the family and assist in resolving these issues.

(B) The lead agency shall conduct the family assessment and provide its report to the court in a timely manner and the court shall conduct a hearing to review the proposed plan and adopt a plan as part of its order that will best meet the needs and best interest of the children in the family. In arriving at a comprehensive plan, the court shall consider:

(1) additional testing or evaluation that may be needed;

(2) economic services including, but not limited to, employment services, job training, food stamps, and aid to families with dependent children;

(3) counseling services including, but not limited to, marital counseling, parenting skills, and alcohol and drug abuse counseling;

(4) and any other programs or services appropriate to the child's and family's needs.

(C) The lead agency is responsible for monitoring compliance with the court ordered plan and shall report to the court at such time as the court requires."

SECTION 5. Section 20-7-340(A) of the 1976 Code, as last amended by Act 599 of 1990, is further amended to read:

"(A) The State of South Carolina, a political subdivision of the State, including, but not limited to, a school district, or any other person, including, but not limited to, an individual, a religious organization, a corporation, a partnership, or other entity, whether incorporated or unincorporated, is entitled to recover damages in an amount not to exceed five ten thousand dollars in a civil action in a court of competent jurisdiction from the parents or legal guardian of the person of a minor under the age of eighteen years and residing with the parents or the legal guardian of the person who maliciously or wilfully causes personal injury to the individual or destroys, damages, or steals property, real, personal, or mixed, belonging to the State of South Carolina, the political subdivision of the State, including, but not limited to, a school district, or other person, including, but not limited to, an individual, religious organization, corporation, partnership, or other entity, whether incorporated or unincorporated."

SECTION 6. Section 20-7-420 of the 1976 Code is amended by adding appropriately numbered items to read:

"( ) to require the parent, legal guardian, or person having custody of a child brought before the court for a status offense or adjudication of a delinquency matter or the parties in a domestic violence matter and any governmental agency from whom services are sought to cooperate and participate in a plan adopted by the court to meet the needs and best interest of the child and to authorize the court to hold a parent, legal guardian, or person having custody of a child or the parties in a domestic violence matter or any governmental agency in contempt for failing to cooperate and participate in the plan adopted by the court.

( ) to hear and determine actions brought before the court by a parent, legal guardian, or person having custody or custodial responsibility for a child who is alleged to have committed a status offense."

SECTION 7. This act takes effect upon approval by the Governor.

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