Current Status Introducing Body:House Bill Number:5128 Primary Sponsor:Davenport Committee Number:25 Type of Legislation:GB Subject:Child abuse case, right to legal counsel Residing Body:House Current Committee:Judiciary Computer Document Number:CYY/16033AC.94 Introduced Date:19940414 Last History Body:House Last History Date:19940414 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Davenport Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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5128 House 19940414 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 20-7-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND APPEALS PROCEDURES WHEN THE DEPARTMENT OF SOCIAL SERVICES FINDS UPON INVESTIGATION AN INDICATED CASE OF CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE THE DEPARTMENT TO NOTIFY THE SUBJECT OF THE REPORT OF THE RIGHT TO LEGAL COUNSEL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-655(C) of the 1976 Code, as added by Act 448 of 1992, is amended to read:
"(C) If the case decision indicates child abuse or neglect, the local child protective services agency must provide notice of the case decision to the subject of the report by certified mail and notice that the subject is entitled to legal counsel in accordance with Section 20-7-110 in any matter related to the case decision. This notice must include the information required by Section 20-7-690(D). The notice must inform the subject of the report of the right to appeal the case decision and that, if he intends to appeal the decision, he must notify the local child protection agency of his intent in writing within thirty days of receipt of the notice. If the subject of the report does not notify the local child protective services agency of his intent to appeal in writing within thirty days of receipt of the notice, the right to appeal shall be considered waived by the subject and the case decision shall become the affirmative determination."
SECTION 2. This act takes effect upon approval by the Governor.