Current Status Bill Number:1051 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960123 Primary Sponsor:Bryan All Sponsors:Bryan and Giese Drafted Document Number:res9873.jeb Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:19960416 Subject:Parent responsible for juvenile
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19960424 Introduced, read first time, 25 HJ referred to Committee Senate 19960423 Read third time, sent to House Senate 19960416 Amended, read second time Senate 19960411 Committee report: Favorable with 11 SJ amendment Senate 19960123 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 16, 1996
S. 1051
S. Printed 4/16/96--S.
Read the first time January 23, 1996.
TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-345 SO AS TO PROVIDE THAT A PARENT MAY BE SUBJECT TO CRIMINAL PENALTY OR IMPRISONMENT FOR IMPROPER SUPERVISION OF A MINOR CHARGED WITH A CRIMINAL ACT WHEN SUCH NEGLECT IS A PROXIMATE CAUSE OF THE FURTHER DELINQUENCY OF THE MINOR; AND TO AMEND SECTION 20-7-400 SO AS TO PROVIDE THE FAMILY COURT WITH EXCLUSIVE JURISDICTION OVER THE PARENTS IN MATTERS ARISING OUT OF SECTION 20-7-345.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 7 of Title 20 of the 1976 Code is amended by adding:
"Section 20-7-345. (A) Whenever a child, as defined in Section 20-7-390, is charged with a status offense or the violation of any state or local law or municipal ordinance, a parent of the child must be immediately notified. The parent must also be made a party to the criminal action involving the child and is required to appear with the child at any judicial proceeding in family court.
(B) For purposes of this section, a `parent' includes a custodial biological parent or parents, a custodial adoptive parent or parents, a custodial step-parent or step-parents, legal guardian, or any other person having permanent, legal custody of a child. If a child has more than one custodial biological parent, or more than one custodial adoptive parent, or more than one custodial step-parent, then both parents must be immediately notified when the child has been charged with a crime or status offense, made a party to the criminal action involving the child, and made to appear with the child at any judicial proceeding in family court. A `parent' does not include a foster parent.
(C) A violation by a parent of the provisions of this section or of the provisions of a court order issued by a family court judge during a juvenile proceeding may constitute contempt and is punishable by imprisonment not to exceed six months or a fine not to exceed one thousand dollars, or both."
SECTION 2. Section 20-7-400 of the 1976 Code is amended to read:
"Section 20-7-400. (A) Except as otherwise provided herein, the court shall have has exclusive original jurisdiction and shall be is the sole court for initiating action:
(1) Concerning concerning any child living or found within the geographical limits of its jurisdiction:
(a) Who who is neglected as to proper or necessary support or education as required by law, or as to medical, psychiatric, psychological or other care necessary to his well-being, or who is abandoned by his parent or other custodian;
(b) Whose whose occupation, behavior, condition, environment, or associations are such as to injure or endanger his welfare or that of others;
(c) Who who is beyond the control of his parent or other custodian;
(d) Who who is alleged to have violated or attempted to violate any state or local law or municipal ordinance, regardless of where the violation occurred except as provided in Section 20-7-410, including jurisdiction over the parent of a child pursuant to Section 20-7-345;
(e) Whose whose custody is the subject of controversy, except in those cases where the law now gives other courts concurrent jurisdiction. In the consideration of these cases, the court shall have concurrent jurisdiction to hear and determine the issue of custody and support. ;
(2) For for the treatment or commitment to any mental institution of a mentally defective or mentally disordered or emotionally disturbed child. Provided, that nothing herein is intended to conflict with the authority of probate courts in dealing with mental cases. ;
(3) Concerning concerning any child seventeen years of age or over, living or found within the geographical limits of the court's jurisdiction, alleged to have violated or attempted to violate any State state or local law or municipal ordinance prior to having become seventeen years of age and such person shall be dealt with under the provisions of this chapter relating to children. ;
(4) For for the detention of a juvenile in a juvenile detention facility who is charged with committing a criminal offense when detention in a secure facility is found to be necessary pursuant to the standards set forth in Section 20-7-600 and when the facility exists in, or is otherwise available to, the county in which the crime occurred.
(B) Whenever the court has acquired the jurisdiction of any child under seventeen years of age, jurisdiction continues so long as, in the judgment of the court, it may be necessary to retain jurisdiction for the correction or education of the child, but jurisdiction shall terminate when the child attains the age of twenty-one years. Any child who has been adjudicated delinquent and placed on probation by the court remains under the authority of the court only until the expiration of the specified term of his probation. This specified term of probation may expire before but not after the eighteenth birthday of the child."
SECTION 3. This act takes effect upon approval by the Governor.