Current Status Bill Number:3298 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950118 Primary Sponsor:McElveen All Sponsors:McElveen Drafted Document Number:br1\18031ac.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Family Responsibility Act
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950118 Introduced, read first time, 25 HJ
referred to Committee
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TO ENACT THE FAMILY RESPONSIBILITY ACT OF 1995 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-15 SO AS TO SET FORTH THE POLICY OF THE STATE THAT FAMILIES MUST TAKE RESPONSIBILITY FOR A MEMBER LIKELY TO BECOME A PUBLIC CHARGE; BY ADDING SECTION 20-7-45 SO AS TO REQUIRE A PERSON TO SUPPORT A STEPCHILD IF THAT CHILD IS LIKELY TO BECOME A PUBLIC CHARGE; BY ADDING SECTION 20-7-95 SO AS TO PROVIDE THAT PERSONS COHABITING ARE RESPONSIBLE FOR PROVIDING FOR EACH OTHER AND FOR CHILDREN BORN OF THAT UNION AND TO AUTHORIZE THE COURT TO APPORTION PROPERTY EQUITABLY; BY ADDING SECTION 20-7-105 SO AS TO REQUIRE A PERSON AFTER PROVIDING FOR HIS IMMEDIATE FAMILY TO SUPPORT A PARENT WHO IS UNABLE TO PROVIDE HIS OWN SUPPORT; BY ADDING SECTION 20-7-958 SO AS TO REQUIRE AN APPLICANT FOR AID TO FAMILIES WITH DEPENDENT CHILDREN AND CERTAIN OTHER ECONOMIC, MEDICAL, AND SOCIAL SERVICES TO NAME THE FATHER OF THE APPLICANT'S CHILD, TO REQUIRE THE FATHER OF A CHILD TO PAY A PROPORTIONATE SHARE OF PRENATAL, NATAL, AND POSTNATAL MEDICAL EXPENSES, AND IF THE FATHER OF A CHILD IS UNDER EIGHTEEN AT THE TIME OF A PATERNITY ACTION OR ESTABLISHMENT OF PATERNITY, THE MATERNAL AND PATERNAL GRANDPARENTS OF THE CHILD MAY BE REQUIRED TO PAY ALL OR SOME PORTION OF THE EXPENSES IF FINANCIALLY ABLE AND IF THE PARENTS OF THE CHILD ARE UNABLE TO MEET THESE EXPENSES; BY AMENDING SECTION 20-7-30, RELATING TO DEFINITIONS IN THE CHILDREN'S CODE, SO AS TO DEFINE THE TERMS "COHABITATION", "LIKELY TO BECOME A PUBLIC CHARGE", AND "STEPPARENT"; AND BY AMENDING SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE IN THE COURT'S JURISDICTION THE AUTHORITY TO REQUIRE ADULT CHILDREN, COHABITANTS, AND STEPPARENTS TO SUPPORT THEIR PARENTS, PARTNERS AND PARTNERS' CHILDREN, AND STEPCHILDREN, RESPECTIVELY, UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Family Responsibility Act of 1995".
SECTION 2. The 1976 Code is amended by adding:
"Section 20-7-15. The family is the basic unit of society and the strength of the family as an institution has a direct bearing on the health of society in general. As the institution of the family disintegrates, societal problems increase, and this State's efforts to develop a dynamic economic policy and a high quality of life for all citizens are frustrated.
Therefore, the State of South Carolina adopts an expanded view of what constitutes a family and finds that in all instances those who have the closest family connection to a person who is likely to become a public charge or otherwise receive public assistance should be called upon to support that person before the citizens of this State.
Section 20-7-45. A stepparent is legally chargeable with the support of a stepchild likely to become a public charge if it is shown to the satisfaction of the court that the stepparent had knowledge of the child's existence at the time of the stepparent's marriage to the child's parent.
Section 20-7-95. If children are born as a result of cohabitation, the cohabitants have all the duties and obligations of support owed to a legitimate child. A cohabitant may be required to support his partner, regardless of any express or implied agreement, if that partner is likely to become a public charge. A cohabitant also may be required to contribute to the support of his partner's children of a prior relationship if the child resides with the cohabitants and if the child is likely to become a public charge. The court also may equitably apportion the property acquired during cohabitation as in cases of marriage.
Section 20-7-105. An adult child who has sufficient income after reasonably providing support for the person's own immediate family shall maintain and support the person's parent or parents if they do not have sufficient means or ability to maintain or provide support on their own. If more than one person is required to maintain and support the same parent, these persons share equitably in the discharge of that duty.
Section 20-7-958. (A) Notwithstanding any other provision of law, a pregnant woman must name the putative father of her child as a condition of eligibility for food stamps, the Women, Infants, and Children Program (WIC), Medicaid, health care including, but not limited to, prenatal, natal, and postnatal care through a local health department, the Medically Indigent Assistance Program, or any other public or publicly funded health care program, food stamps, or any other form of government or public assistance or subsidy. Upon receiving a request or application for any of these services or benefits, the agency or program shall submit such information as the Department of Social Services requires for the purpose of locating the putative father and establishing paternity. If the alleged putative father denies paternity and is excluded by genetic testing as permitted by Section 20-7-954, all services and benefits listed in this subsection cease until an alleged putative father admits paternity or is not excluded by genetic testing.
(B) A man who acknowledges paternity through a settlement or voluntary agreement as proscribed by Section 20-7-955(A) or who is determined to be the father of the child pursuant to this subarticle is responsible for paying a proportionate share, through health insurance where applicable and otherwise if insurance is not applicable, based on his income in relation to that of the other, of all prenatal, natal, and postnatal health care provided to the mother or to the child, or both.
(C) If the putative father is under eighteen years of age at the time the action is brought to establish paternity, the parents of the mother and putative father must be made parties to the action. Having established or accepted an agreement or voluntary settlement acknowledging paternity, the court, if it determines that the father and mother are not able to fully meet their obligations under this section, shall order the maternal and paternal grandparents to pay all or some portion of these expenses if the grandparents have sufficient income after reasonably providing support for their immediate families."
SECTION 3. Section 20-7-30 of the 1976 Code, is amended by adding appropriately numbered items at the end to read:
"( ) `Cohabitation' means two persons of opposite sexes who regularly live together but without the benefit of a marriage license so that either or both cohabitants has a reasonable expectation of economic benefit. If children are born during cohabitation, an irrebuttable presumption of expectation of economic benefit arises.
( ) `Likely to become a public charge' means the substantial likelihood that in the near future in order to provide for a person's needs for food, clothing, or shelter that person will need government assistance which may include, but is not limited to, aid to families with dependent children and food stamps.
( ) `Stepparent' means the spouse of a person who has children from another union, within or outside the bonds of matrimony, who were born before this marriage occurred."
SECTION 4. Section 20-7-420 of the 1976 Code is amended by adding appropriately numbered items to read:
"( ) To hear proceedings, make determinations, and order support to be paid by:
(a) an adult child, legally chargeable to pay support, for the child's parent who is sick, unable to work, and unable to provide for their own support;
(b) a stepparent, legally chargeable to pay support, for a stepchild who is likely to become a public charge;
(c) a cohabitant, legally chargeable to pay support, for the cohabitant's partner if the cohabitant's partner is likely to become a public charge;
(d) a cohabitant, legally chargeable to pay support, for the child of the cohabitant's partner if the child is likely to become a public charge;
( ) To order equitable apportionment of property of cohabitants."
SECTION 5. If it is necessary to obtain a waiver from the federal government to implement this act without the risk of a substantial monetary sanction, the applicable department or agency of state government immediately shall proceed to prepare and apply for the waiver. However, if the waiver is denied, this act does not become effective unless the General Assembly in its next appropriations act after the denial approves the implementation of this act.
SECTION 6. This act takes effect upon approval by the Governor.