Current Status Bill Number:3613 Ratification Number:156 Act Number:102 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950215 Primary Sponsor:Wilkins All Sponsors:Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh Drafted Document Number:br1\18171ac.95 Date Bill Passed both Bodies:19950531 Date of Last Amendment:19950531 Governor's Action:S Date of Governor's Action:19950612 Subject:Family Independence Act of 1995
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19950612 Act No. A102
------ 19950612 Signed by Governor
------ 19950606 Ratified R156
House 19950531 Ordered enrolled for ratification
Senate 19950531 Conference Committee Report adopted 88 SCC
House 19950531 Conference Committee Report adopted 98 HCC
House 19950524 Conference powers granted, 98 HCC Huff
appointed Reps. to Committee of Cromer
Conference Cotty
Senate 19950524 Conference powers granted, 88 SCC Thomas
appointed Senators to Committee Washington
of Conference Wilson
Senate 19950524 Insists upon amendment
House 19950517 Non-concurrence in Senate amendment
Senate 19950511 Amended, read third time,
returned to House with amendments
Senate 19950510 Made Special Order
Senate 19950419 Read second time, notice of
general amendments
Senate 19950406 Committee report: Favorable with 08 SG
amendment
Senate 19950307 Introduced, read first time, 08 SG
referred to Committee
House 19950302 Read third time, sent to Senate
House 19950301 Amended, read second time
House 19950228 Made Special Order under H.3696
House 19950223 Committee report: Favorable with 25 HJ
amendment
House 19950215 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
(A102, R156, H3613)
AN ACT TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO, AMONG OTHER THINGS, REQUIRE, TO THE EXTENT POSSIBLE, THE STATE DEPARTMENT OF SOCIAL SERVICES TO EXPAND ITS EMPLOYMENT AND TRAINING PROGRAM STATEWIDE; TO REQUIRE AFDC RECIPIENTS TO ENTER AGREEMENTS IN ORDER TO RECEIVE AFDC AND TO PROVIDE SANCTIONS FOR NONCOMPLIANCE; TO REQUIRE THE EMPLOYMENT SECURITY COMMISSION TO PROVIDE THE DEPARTMENT LABOR MARKET AND OCCUPATIONAL INFORMATION; TO AUTHORIZE RELOCATION ASSISTANCE; TO AUTHORIZE PAYMENT OF PORTIONS OF A RECIPIENT'S AFDC TO EMPLOYERS TO SUPPLEMENT WAGES PAID TO THE RECIPIENT; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1280 SO AS TO PROVIDE A GRADUATED TAX CREDIT TO EMPLOYERS WHO HIRE AFDC RECIPIENTS; TO REQUIRE STATE AGENCIES TO TARGET AFDC RECIPIENTS FOR EMPLOYMENT; TO ENHANCE SERVICES TO TEEN PARENTS; TO AUTHORIZE TARGETING JOB TRAINING AND PARTNERSHIP ACT FUNDS FOR ACTIVITIES BENEFITING AFDC RECIPIENTS; TO REQUIRE COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICES TO ESTABLISH GOALS FOR HIRING AFDC RECIPIENTS; TO REQUIRE AFDC RECIPIENTS TO PARTICIPATE IN FAMILY SKILLS TRAINING; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, AND TO ADD SECTION 20-7-873 SO AS TO AUTHORIZE THE COURT OR AN ADMINISTRATIVE ORDER TO REQUIRE A NONCUSTODIAL PARENT OF A CHILD RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAMS; TO REQUIRE THE DEPARTMENT TO SEEK FEDERAL FUNDS FOR ENTREPRENEURIAL DEVELOPMENT; TO DIRECT THE DEPARTMENT AND THE DEPARTMENT OF PUBLIC SAFETY TO ENDORSE DEVELOPMENT OF A STATEWIDE MASS TRANSIT NETWORK; TO DIRECT THE DEPARTMENT TO APPLY FOR A WAIVER AUTHORIZING TRANSITIONAL MEDICAID AND CHILD CARE; TO LIMIT AFDC ASSISTANCE TO TWENTY-FOUR OUT OF ONE HUNDRED TWENTY MONTHS AND SIXTY MONTHS IN A LIFETIME AND TO PROVIDE EXCEPTIONS; TO REVISE REQUIREMENTS FOR MANDATORY PARTICIPATION IN A WORK PROGRAM; TO REVISE INCOME AND ASSET LIMITS FOR AFDC ELIGIBILITY; TO PROHIBIT INCREASING AFDC BENEFITS WHEN A CHILD IS BORN INTO AN AFDC FAMILY AND TO PROVIDE EXCEPTIONS; TO REQUIRE AFDC RECIPIENTS TO ENTER A DRUG OR ALCOHOL PROGRAM UNDER CERTAIN CONDITIONS; TO REQUIRE AFDC RECIPIENTS WHO ARE MINORS TO MAINTAIN SATISFACTORY SCHOOL ATTENDANCE AND TO LIVE IN THE HOMES OF THEIR PARENTS AND TO PROVIDE EXCEPTIONS; TO REVISE CERTAIN ABSENT PARENT AFDC ELIGIBILITY REQUIREMENTS; TO EMPHASIZE PROVIDING SERVICES TO THE FAMILY AS A WHOLE; TO REQUIRE AFDC RECIPIENTS TO PROVIDE ADDITIONAL INFORMATION ON PUTATIVE FATHERS AS A CONDITION OF ELIGIBILITY; TO REVISE THE AMOUNT OF CHILD SUPPORT GIVEN TO AN AFDC RECIPIENT THAT IS COLLECTED BY THE DEPARTMENT USING CURRENT RESOURCES TO EXPAND ACCESS TO HEALTH CARE AND TO ESTABLISH TEEN PARENT INITIATIVES; TO PROMOTE OBTAINING FEDERAL CHILD CARE FUNDS; TO ADD SECTION 20-7-936 SO AS TO AUTHORIZE REQUIRING THE PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN YEARS OF AGE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3 BY ADDING PART II SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR THE ENFORCEMENT OF CHILD SUPPORT THROUGH THE REVOCATION OF AN INDIVIDUAL'S BUSINESS, OCCUPATIONAL, OR PROFESSIONAL LICENSES, DRIVER'S LICENSES, COMMERCIAL AND RECREATIONAL HUNTING, FISHING, AND TRAPPING LICENSES, AND WATERCRAFT REGISTRATIONS AND TO PROVIDE PENALTIES FOR IMPROPER RELEASE OF INFORMATION; TO AMEND TITLE 20, CHAPTER 7 BY ADDING ARTICLE 32 SO AS TO ESTABLISH AND PROVIDE PROCEDURES FOR THE ESTABLISHMENT AND ENFORCEMENT OF PATERNITY AND CHILD SUPPORT THROUGH AN ADMINISTRATIVE PROCESS; TO AMEND SECTION 43-5-65, RELATING TO ELIGIBILITY FOR AFDC, SO AS TO EXPAND INFORMATION REQUIRED TO BE SUBMITTED; TO ADD SECTION 43-5-585 SO AS TO REQUIRE THE DEPARTMENT TO PROVIDE CHILD SUPPORT ARREARAGE INFORMATION TO CREDIT REPORTING AGENCIES; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT CONCERNING THE CHILD SUPPORT PLAN, SO AS TO INCLUDE IN RIGHTS ASSIGNED TO THE STATE, THE ASSIGNMENT OF THE RIGHT TO COLLECT HEALTH CARE EXPENSES AND MEDICAID PAYMENTS; TO AMEND SECTION 44-7-77, RELATING TO THE IN-HOSPITAL PATERNITY ACKNOWLEDGMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR PROCEDURES TO OBTAIN ACKNOWLEDGMENTS AND FOR INFORMATION TO BE COLLECTED; TO AMEND SECTION 44-63-165, RELATING TO AMENDING BIRTH CERTIFICATES ON ACKNOWLEDGMENT OF PATERNITY, SO AS TO AUTHORIZE THE DEPARTMENT TO RECEIVE A PATERNITY ACKNOWLEDGMENT AT NO CHARGE UPON REQUEST FOR ESTABLISHING CHILD SUPPORT OBLIGATIONS; TO AMEND SECTION 12-54-470, RELATING TO PRIORITY OF MULTIPLE CLAIMS TO TAX REFUNDS, SO AS TO REVISE THE ORDER OF PRIORITY; TO AMEND SECTION 20-7-852, RELATING TO CHILD SUPPORT ENFORCEMENT AND THE APPLICATION OF CHILD SUPPORT GUIDELINES, SO AS TO PROVIDE THAT THE GUIDELINES CREATE A REBUTTABLE PRESUMPTION AND TO PROVIDE GROUNDS FOR DEVIATING FROM THE GUIDELINES; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO INCOME WITHHOLDING FOR THE COLLECTION OF CHILD SUPPORT, SO AS TO DIRECT THE DEPARTMENT TO DEVELOP AND TO PROVIDE GUIDELINES FOR AN EMPLOYER NEW HIRE REPORTING PROGRAM; TO REQUIRE THE DEPARTMENT TO SIMPLIFY APPLICATION FORMS FOR ASSISTANCE; TO REQUIRE THE DEPARTMENT AND THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO REVIEW AND, AS POSSIBLE, ENSURE THAT FEDERAL AND STATE PROCUREMENT REGULATIONS DO NOT DELAY SERVICES TO AFDC CLIENTS; TO REQUIRE STATE AGENCIES TO ADOPT ELECTRONIC DATA INTERCHANGE STANDARDS AND TO REPORT ON PROGRESS IN USING THESE STANDARDS; TO DIRECT THE DEPARTMENT WITH THE DEPARTMENT OF EDUCATION TO ENSURE THAT ADULT EDUCATION PROGRAMS ASSIST AFDC CLIENTS IN OBTAINING SELF-SUFFICIENCY; TO DIRECT THE DEPARTMENT WITH THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO WORK WITH BUSINESSES TO DESIGN CURRICULUMS TO TRAIN AFDC CLIENTS FOR NEEDED JOBS AND OCCUPATIONS; TO AMEND SECTION 43-3-40, AS AMENDED, RELATING TO COUNTY DIRECTORS OF THE DEPARTMENT, SO AS TO AUTHORIZE THE STATE DIRECTOR TO HIRE REGIONAL DIRECTORS AND TO PROVIDE THAT COUNTY AND REGIONAL DIRECTORS SERVE AT THE PLEASURE OF THE STATE DIRECTOR; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR WAIVERS FROM THE FEDERAL GOVERNMENT TO IMPLEMENT CERTAIN PROVISIONS OF THIS ACT; TO REQUIRE THE LEGISLATIVE AUDIT COUNCIL TO EVALUATE AND REPORT TO THE GENERAL ASSEMBLY ON THE EFFECTIVENESS OF THIS ACT; TO INCLUDE A SEVERABILITY CLAUSE; TO DESIGNATE SECTIONS 20-70-840 THROUGH 20-7-938 AS PART I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND NAMED "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT"; AND TO PROVIDE FOR TEMPORARY DEFINITIONS RELATIVE TO THE ENFORCEMENT OF CHILD SUPPORT BY LICENSE REVOCATION.
Be it enacted by the General Assembly of the State of South Carolina:
Citation to act
SECTION 1. This act may be cited as the South Carolina Family Independence Act of 1995.
State Welfare Policy
SECTION 2. It is the policy of this State that personal responsibility and parental responsibility must be met if citizens are to attain independence. Further, it is the policy of this State that the welfare system must be based upon a reciprocal agreement between welfare recipients and taxpayers. There also must exist a common goal and vision between the parties, working together at the community level to make life better for all. It must assist families to become economically independent, provide tools to achieve and maintain self-sufficiency, and deter abuse of the system through fair and meaningful sanctions.
Definitions
SECTION 1. As used in this act:
(1) `Aid to Families with Dependent Children' or `AFDC' means cash payments or stipends paid to individuals who meet established eligibility criteria.
(2) `Department' means the South Carolina State Department of Social Services.
(3) `Welfare' means cash assistance payments through the Aid to Families with Dependent Children program which must be provided as a stipend to assist families to become employed.
Emphasis on employment and training for those receiving assistance
SECTION 1. It is the mandate of the General Assembly that the welfare system in South Carolina be restructured to assist families in poverty to become socially and economically independent. It is the purpose and goal of this legislation to establish the reform of the welfare system as a critical priority for the State and all of its agencies. Cooperation and innovation within and among all state agencies is necessary for the achievement of this goal. The office of the governor shall designate the lead agency for purposes of coordination and the avoidance, where practical, of duplication of services. The State Department of Social Services is mandated to fundamentally change its economic services operation to emphasize employment and training with a minor welfare component. To that end, the department shall expand its employment and training program statewide and shall, to the extent possible, coordinate with the existing resources of other state agencies when they are available and it is cost efficient to do so. The agency shall assist welfare recipients to maximize their strengths and abilities to become gainfully employed. Welfare assistance must be provided as a stipend to a family unit as long as there is satisfactory participation in required employment and training activities.
Welfare agreements; employment and training components of receiving assistance; leave from employment for family planning services
SECTION 2. (A) To emphasize the reciprocal responsibility that exists between welfare recipients and the taxpayers who pay for welfare, an agreement must be signed by each adult AFDC recipient. If a minor mother is living in the home of her parents or guardian, the minor mother and her parent or guardian must sign the agreement. The agreement shall describe the actions the recipient must take to become employed and the time frames for completing these actions. The agreement also shall describe the services the department shall provide or coordinate to assist the recipient in becoming employed. The department shall place a major emphasis on job development and on maximizing employment opportunities within the State. Assistance must be provided by the department's job development specialists who shall work with the private business and industrial community to match welfare recipients with available jobs. Assistance also shall include job clubs, job coaches, financial planners, and personal, social, and work adjustment training specialists and authorizes the department to locate, identify, and contract for employment for and on behalf of AFDC recipients.
(B) An applicant who appears to be eligible for welfare assistance and who would be required to participate or who volunteers to participate in the department's employment and training program must be referred to an employment and training unit. An applicant referred must conduct an initial job search and shall provide evidence of this search by listing the employer contacted, the date of the visit with the employer, and the name and telephone number of the person with whom the applicant spoke. An applicant who does not provide this information must not be approved for assistance until the information is provided. An employment assessment must be conducted on an applicant who is unsuccessful in securing employment to determine if the applicant is job ready. An applicant who has been employed twelve out of the previous twenty-four months or who has graduated from high school or has obtained a GED must be considered job ready and must be enrolled in a job club. Following participation in a job club, the applicant must conduct a job search for an additional period of no more than sixty days or until the applicant obtains employment, whichever occurs first. An applicant who is not job ready or a job-ready participant who is unsuccessful in the job search must be evaluated for barriers to employment. An individual agreement containing training and employment requirements must be developed for the participant. For purposes of this subsection "job club" means a group or individual job readiness training session where participants learn job finding and job retention skills.
(C) All services provided shall complement and maximize existing resources within state agencies and within the private business community. Services to be provided or coordinated by the department include, but are not limited to, assistance with child care and transportation, enrollment in literacy classes, adult education classes, General Equivalency Diploma classes, enrollment in technical schools, vocational training, work experience, and on-the-job training. Additionally, recipients shall participate in activities designed to assist them in job interviews and successful employment. The department shall provide information to applicants and recipients regarding the advantages of participation in the employment and training programs. The department also shall market its training and employment program to education and training program providers and to employers.
(D) The department through its training programs shall provide information about the value of family planning services to reproductive age participants and shall require training program placement staff to actively seek the participation of employers or potential employers in an agreement which permits an AFDC recipient time off from work, not to exceed four hours, at least once a year to voluntarily seek family planning services from a provider of the AFDC recipient's choice without fear of losing their job or of other reprisals.
Labor market and occupational information to be provided to the department
SECTION 3. The Employment Security Commission shall provide the department up-to-date labor market information to assist department employment and training staff in the development of recipient employment goals and training plans to be outlined in individual agreements. The Employment Security Commission also, through contractual agreement, shall provide the South Carolina Occupational Information System to each of the department's local offices to assist with career counseling and career planning activities. To the extent possible, all other state agencies shall provide the department with access to appropriate economic and demographic data concerning AFDC applicants and recipients.
Relocation assistance
SECTION 4. The department may provide, as appropriate, relocation assistance to families who live in communities where few job opportunities exist. Assistance may be provided to assist recipients in accessing jobs which maximize their skills and abilities.
Cash assistance payments paid as wage subsidy or tax credit
SECTION 5. To maximize employment opportunities for welfare recipients and to provide for additional job training and placement efforts, instead of making cash assistance payments to AFDC recipients, these payments or some portion of these payments may be paid as a wage subsidy or given as a tax credit to employers offering new jobs as a result of a new business or an expansion of an existing business, subject to the guidelines of the department.
Employer tax credit
SECTION 6. Chapter 7, Title 12 of the 1976 Code is amended by adding:
"Section 12-7-1280. (A) A taxpayer, who employs a person who within twelve months of becoming employed received Aid to Families with Dependent Children and who continuously has remained employed for twelve months is allowed a credit against taxes due under this chapter for wages paid to the employee in an amount equal to:
(1) twenty percent of wages up to five thousand dollars paid for the first year of employment;
(2) fifteen percent of wages up to five thousand dollars paid for the second year of employment;
(3) ten percent of wages up to five thousand dollars paid for the third year of employment.
(B) The tax credit provided by subsection (A) shall not be allowed unless the taxpayer also makes available health care coverage for the benefit of each employee for which the credit is claimed.
(C) The Department of Social Services and the South Carolina Employment Security Commission must make information available to employers interested in hiring AFDC recipients and must provide documentation to employers verifying a person's status as an AFDC recipient.
(D) This section applies to tax years beginning after 1994.
(E) No tax credit may be taken under this section if the position filled by the former AFDC recipient was made available due to the termination or forced resignation of an employee for the purpose of obtaining the tax credit. Nothing in this section creates a private cause of action which does not otherwise exist at law."
State agency goals to recruit and employ welfare recipients
SECTION 7. Each state agency shall establish recruitment and hiring goals which shall target ten percent of all jobs requiring a high school diploma or less to be filled with welfare or food stamp recipients. A question concerning receipt of AFDC benefits or food stamps may be added to the state employment application for purposes of targeting these applicants. Each agency annually shall report to the department the number of welfare recipients employed in comparison to the established goal.
Teen parent independence initiative
SECTION 8. The department, as part of the employment and training program, shall provide special educational and related services for teen parents to assist them in becoming economically independent and to provide health information. This teen parent initiative must be staffed by department personnel familiar with school dropout programs, family planning programs which comply with existing law, and parent effectiveness training programs, and whenever possible and practical, the department shall coordinate with comparable staff of other state and local agencies in providing these services.
Job Training and Partnership Act incentive funds
SECTION 9. To expand available job training activities for AFDC recipients, the Governor may target future incentive funds under Title II-A of the Job Training and Partnership Act in such a way as to encourage the service delivery areas and local private industry councils to increase service levels and improve performance outcomes related to services to AFDC recipients.
County departmental goals for hiring welfare recipients
SECTION 10. To emphasize the importance of education, training, and employment in restructuring the welfare system, the department shall establish goals for the placement and retention of AFDC recipients in employment programs for each county welfare office. These goals must be reflected in the Employee Performance Evaluation of all appropriate department employees.
Sanctions for failing to comply with welfare agreement
SECTION 11. (A) To emphasize the necessity of each family achieving independence and self-sufficiency, if an AFDC recipient fails without good cause to comply with the employment and training requirements contained in the agreement entered into between the recipient and the State Department of Social Services, the department shall:
(1) grant a thirty-day conciliation period for the recipient to reconsider the decision not to comply with the terms of the agreement. During this thirty-day period, the recipient has the right to appeal the department's decision to impose sanctions. At the end of this thirty-day period if the conciliation/fair hearing decision was not in the recipient's favor, all AFDC benefits must be terminated. Benefits may be reinstated when the recipient agrees to comply according to the terms of the agreement and demonstrates willingness to comply by participating in the employment and training program for a period of thirty days;
(2) terminate all AFDC benefits if the recipient completes the training requirements contained in the agreement and then refuses an offer of employment.
(B) A recipient has good cause for failing to comply with the employment and training provisions of the agreement if the recipient is:
(1) a parent or caretaker relative with a child under one year of age; however, custodial parents under age twenty-five who have not completed their high school education are required to comply with these provisions regardless of the age of the child;
(2) at least six months pregnant and the pregnancy is verified by a qualified licensed health care provider;
(3) incapacitated and the incapacity is verified by a physician, and if the department considers it necessary, confirmed by an assessment performed by the Department of Vocational Rehabilitation, as a physical or mental impairment that prevents the recipient from engaging in gainful employment or participating in education or training;
(4) caring for an incapacitated person whose incapacity has been verified by a physician and, if the department considers it necessary, confirmed by an assessment performed by the Department of Vocational Rehabilitation;
(5) unable to participate because child care and reasonable transportation were not provided when needed for participation in employment and training programs.
Family skills training program
SECTION 12. As a condition of eligibility for AFDC benefits, each adult recipient and minor mother recipient must participate in a family skills training program which must include, but is not limited to, parenting skills, financial planning, and health information. Whenever possible and practical, the department shall coordinate with comparable staff of other state and local agencies in providing these services.
This program must include an alcohol and other drug assessment when it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department of Alcohol and Other Drug Abuse Services to provide the proper assessment of the recipient and training of the department personnel who are to conduct the assessment. If the recipient is determined to be in need of alcohol and other drug abuse treatment, the department shall coordinate the services with the Department of Alcohol and Other Drug Abuse Services and shall include the individually determined terms and conditions of the treatment in the recipient's agreement with the department.
This program must include a family planning assessment if it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department of Health and Environmental Control to provide the AFDC family with education, evaluation, and counseling, consistent with Medicaid regulations. State funds appropriated for family planning must not be used to pay for an abortion.
Unemployed parent may be ordered to participate in departmental employment program
SECTION 13. Section 20-7-420 of the 1976 Code, as last amended by an act of 1995 bearing ratification number 585 of 1994, is further amended by adding an appropriately numbered item to read:
"( ) to order a person required to pay support under a court order being enforced under Title IV-D of the Social Security Act who is unemployed or underemployed and who is the parent of a child receiving AFDC benefits to participate in an employment training program or public service employment pursuant to regulations promulgated by the department. The Division of Child Support Enforcement of the State Department of Social Services also has jurisdiction under this item in cases under Title IV-D of the Social Security Act brought pursuant to Article 32, Chapter 7, Title 20 of the 1976 Code."
Noncustodial unemployed parent may be ordered to participate in departmental employment program
SECTION 14. The 1976 Code is amended by adding:
"Section 20-7-873. Notwithstanding any other provision of law, a court or administrative order for child support or order for contempt for nonpayment of child support being enforced under Title IV-D of the Social Security Act may direct a noncustodial parent who is unemployed or underemployed and who is the parent of a child receiving Aid to Families with Dependent Children benefits to participate in an employment training program or public service employment. Upon failure of the noncustodial parent to comply with an order of contempt which directed the noncustodial parent to participate in the employment training program or public service employment, the Family Court, upon receiving an affidavit of noncompliance from the department, immediately may issue a bench warrant for the arrest of the noncustodial parent. The Department of Social Services shall promulgate regulations governing the eligibility criteria and implementation of these training programs and public service employment."
Entrepreneurial development
SECTION 15. The Department of Social Services shall seek federal funds for entrepreneurial development so that AFDC clients can create jobs and provide incentives for AFDC clients in their efforts to attain self-sufficiency and independence. The department shall identify markets for entrepreneurial development for AFDC clients, provide clients with job skills and opportunities to develop expertise in operating businesses, and allow clients to accrue savings, buy stock in a business, or, over a period of time, purchase a business. In carrying out this program the department shall work in conjunction with public, community, and private sector entities including businesses, banks, and other institutions to develop strategies that provide training, technical assistance, planning, and research to AFDC clients in their efforts to own their own businesses.
Outreach and information programs
SECTION 16. In order to assure that all families working toward self sufficiency have access to all potential supportive services that will help ensure their success, the department, within existing revenues, may develop outreach and information programs which provide information and assistance on support services available to low income families including, but not limited to, information on earned income tax credits and medicaid eligibility.
Endorsement of statewide mass transit network
SECTION 17. To promote independence and assist AFDC families in participating in the Department of Social Services employment and training program and in getting to their place of employment, reliable transportation services are needed. The department in conjunction with the Department of Public Safety shall endorse local efforts to develop a statewide network of mass transit systems.
Transitional Medicaid and child care
SECTION 18. (A) To promote stability and longevity in employment, the department shall apply to the federal government for a waiver authorizing transitional Medicaid and child care for one additional year for AFDC clients who lose eligibility because of employment or who become employed after losing eligibility as a result of exceeding the twenty-four month time limit set out in Part IV, Section 1, for two years and whose earnings are less than poverty and whose continued employment would be jeopardized by medical expenditures. If this waiver is denied, the department shall apply to the federal government for a waiver authorizing a grant of three percent of the maximum family grant and supportive services of Medicaid and child care for one year from the date that the benefits would otherwise end for an employed AFDC recipient who would otherwise be ineligible because of income or from the date that a former recipient who had been found ineligible for exceeding the twenty-four month time limit set out in Part IV, Section 1, begins employment. Benefits provided under this section do not count against the twenty-four month time limit set out in Part IV, Section 1.
(B) If a former recipient's employer offers or provides health insurance coverage for the former recipient and/or the former recipient's family at an out-of-pocket cost to the former recipient which is less than ten percent of the former recipient's wages after deducting Federal Income Collection Act contributions, no Medicaid coverage may be provided to a family member who could be covered under the employer-provided insurance plan.
Time limited welfare and exceptions
SECTION 1. To emphasize that welfare is temporary assistance in time of trouble, the department shall apply to the federal government for a waiver authorizing assistance in the Aid to Families with Dependent Children Program (AFDC) to be limited to no more than twenty-four months out of one hundred and twenty months and no more than sixty months in a lifetime except when:
(1) the head of household is permanently or totally disabled, whether physical or mental;
(2) the head of household is providing full-time care for a disabled individual in the home;
(3) the parent of the child for whom assistance is received is a minor under the age of eighteen who has not completed high school. Assistance must be provided for a period of up to twenty-four months after the minor parent attains the age of eighteen or completes high school, whichever occurs first;
(4) the individual is involved in an approved training program which will not be completed by the twenty-fourth month. However, no extension may be granted beyond the thirtieth month except with the express permission of the county director;
(5) the adult head of household is not the parent of the child and is not included in the assistance check;
(6) the adult head of household is providing a home for and caring for a child whom the department has determined to be abandoned by his or her parents and for whom the alternative placement is foster care;
(7) child care or transportation is not reasonably available;
(8) The recipient can establish by clear and convincing evidence to the department that the recipient has fully complied with the recipient's agreement with the department including:
(a) diligently seeking all available employment and following up on all employment opportunities known to the Employment Security Commission or related state agencies for which the recipient is qualified;
(b) demonstrating a willingness to relocate as provided in Part III, Section 4;
(c) cooperating fully with all state agencies in order to strive to become gainfully employed; and the department is satisfied that no available employment reasonably exists for the recipient and that there is no other means of support reasonably available to the recipient's family. Every sixty days the department shall conduct a review of the recipient's compliance with the requirements of this item. Under this review, assistance provided pursuant to this item may only be extended for up to an additional twelve months. At the end of the twelve-month extension, assistance may only be provided with the express permission of the county director who must certify that the person is engaged in education, training, or other employment-related activities.
No sooner than sixty and no later than ninety days after an AFDC recipient's benefits are terminated under the time limits for the receipt of AFDC as provided for in this section, the department shall conduct an assessment of and make recommendations, as appropriate, for the health and well-being of the children in the care and custody of the former AFDC recipient.
Participation in work support required when child is one year old
SECTION 2. AFDC recipients must be encouraged to voluntarily participate in a work program when their youngest child reaches the age of six months, but in all cases the recipients must participate in a work program once their youngest child reaches age one.
Vehicle and other asset limits
SECTION 3. The asset limit for families on AFDC is ten thousand dollars book value for a vehicle and a total of two thousand five hundred dollars for all other assets.
Individual Development Account
SECTION 4. Families on AFDC and those not receiving welfare but whose household income falls below one hundred eighty-five percent of the federal poverty level may own an Individual Development Account. Contributions to and interest on these accounts are tax free, and a recipient may accrue up to ten thousand dollars in the account. Withdrawals used for education or job training or to start a business or to purchase a home are tax free. Withdrawals for other purposes are not tax free.
The State shall seek a waiver from the federal government providing that no lump sum payment of ten thousand dollars or less deposited in an Individual Development Account within thirty days of receipt will make the family ineligible for receipt of AFDC.
Minor child's income to be excluded
SECTION 5. To remove the disincentive to employment that occurs when a family's AFDC payment is reduced because of a minor child's earnings and to encourage children in AFDC families to develop positive work attitudes, the State shall apply to the federal government for a waiver to exclude income earned by a minor child attending school when determining eligibility or payment amount for Aid to Families with Dependent Children.
Interest income and dividends to be excluded
SECTION 6. In order to assist AFDC families in gaining financial independence and in building for the future, the Department of Social Services shall apply to the federal government for a waiver allowing the State to exclude interest income and dividends up to four hundred dollars in determining eligibility and payment amounts for Aid to Families with Dependent Children.
No increase in welfare with increase in number of children
SECTION 1. To encourage parents to plan for security and assume responsibility for their children, there must be no incremental increase in AFDC benefits to a family as a result of a child born to that parent ten or more months after the family begins to receive AFDC. This section does not apply if the department establishes that the child was conceived as a result of rape or incest. The State may provide benefits to a child born after ten months in the form of vouchers that may be used only to pay for particular goods and services specified by the State as needed for the child's mother to participate in education training and employment related activities.
Eligibility denied on ground of alcohol or drug problem; treatment program required
SECTION 2. An AFDC recipient who, while receiving AFDC benefits, has been identified as requiring alcohol and other drug abuse treatment service or who has been convicted of an alcohol related offense or a controlled substance violation or gives birth to a child with evidence of the effects of maternal substance abuse and the child subsequently is shown to have a confirmed positive test performed on a suitable specimen within twenty-four hours of birth, is ineligible for AFDC assistance unless the recipient submits to random drug tests and/or participates in an alcohol or drug treatment program approved by the Department of Alcohol and Other Drug Abuse Services. Upon completion of the program, if a subsequent random test or subsequent conviction for a controlled substance violation or alcohol related offense occurs, the recipient is ineligible for AFDC benefits. Benefits may be reinstated at a later time upon reapplication, if the recipient first undergoes a conciliation assessment, including review and/or modification of the prescribed individual treatment program and agreement, and then agrees to comply with its terms and demonstrates compliance for a period of not less than sixty days. Testing of a child's specimen pursuant to this section must be conducted by a medical laboratory certified by the College of American Pathologists or the National Institute of Drug Abuse for Forensic Urine Drug Testing.
Welfare recipients under age eighteen must attend school
SECTION 3. Welfare recipients under the age of eighteen must be enrolled and maintain satisfactory attendance, as defined by the Department of Education, in school as a condition of eligibility for benefits.
Minor mother must live with minor's parents to receive welfare; exception
SECTION 4. (A) Minor mothers with a child born out of wedlock must live in the home of their parent or guardian to be eligible to receive AFDC benefits unless:
(1) the minor parent has no living parent or legal guardian whose whereabouts is known;
(2) no living parent or legal guardian of the minor parent allows the minor parent to live in his or her home;
(3) the minor parent lived apart from his or her own parent or legal guardian for a period of at least one year before either the birth of the dependent child or the parent's having applied for AFDC;
(4) the physical or emotional health or safety of the minor parent or dependent child would be jeopardized if they resided in the same residence with the minor parent's parent or legal guardian;
(5) there is otherwise good cause for the minor parent and dependent child to receive assistance while living apart from the minor parent's parent or legal guardian or another adult relative or an adult supervised supportive living arrangement.
(B) If a minor parent makes an allegation supporting the conclusion that subsection (A)(4) applies, the department shall determine whether it is justified. Circumstances justifying a determination of good cause as provided for in subsection (A)(5) include, but are not limited to, written statements from at least two corroborating persons showing that it is not in the best interest of the minor parent to live with his or her parents or legal guardian or in an adult supervised supportive living arrangement. When a minor parent and his or her dependent child are required to live with the minor parent's parent or legal guardian or another adult relative or in an adult supervised supportive living arrangement, AFDC must be paid, where possible, in the form of a protective payment. A minor parent applicant must be informed directly about AFDC eligibility requirements including his or her rights under this section. The applicant must be told of the exemptions and must be asked if one or more of the exemptions is applicable to the applicant. The department shall assist the minor in obtaining the necessary verification if one or more of these exemptions is alleged.
Eligibility based on parent's support and employment revised
SECTION 5. To eliminate restrictions that break up families and to encourage the formation of new families, the department shall remove the requirement that a child be deprived of support from one or both parents to be eligible for assistance and shall remove the one hundred hour rule and the recent connection to the labor force rule.
Family to be served as a whole
SECTION 6. To further strengthen the family unit and promote parental responsibility, emphasis must be placed on serving the family as a whole. Immunizations, school attendance, preventive health screenings, and pregnancy prevention programs as authorized by law for minor children must be monitored and encouraged.
Information on absent parent required
SECTION 7. The State shall apply for a federal waiver to require AFDC and Medicaid applicants and recipients as an additional condition for receiving benefits to provide:
(1) the first and last name of the absent parent and putative father and any known licenses as defined in Section 20-7-941(4) which might be subject to revocation; and
(2) at least two of the following subitems on each absent parent and each putative father named:
(a) date of birth;
(b) social security number;
(c) last known home address;
(d) last known employer's name and address;
(e) either of the absent parent's parent's name and address.
An applicant or recipient who fails to provide this information or who provides the names of two putative fathers, both of whom are excluded from paternity by genetic testing, is ineligible for assistance for himself or herself and the child for whom parental information was not provided unless the applicant or recipient asserts, and the department verifies, there is good cause for not providing this information. Good cause includes documentation of incest, rape, or the existence or the threat of physical abuse to the child or custodial parent.
Upon legal establishment of paternity of the child in question, AFDC benefits may be established or reinstated if all other eligibility requirements are met.
Portion of child support payments to be paid to welfare recipients; department to be reimbursed
SECTION 8. From the amounts collected by the South Carolina State Department of Social Services for children and the parents of such children who are currently recipients of Aid to Families with Dependent Children (AFDC), pursuant to Section 43-5-220 of the 1976 Code, the department may distribute these amounts as follows:
(1) of amounts collected which represent monthly monetary support obligations, the first seventy-five dollars of the monthly payment must be paid to the AFDC family and thereafter must be increased up to the amount of the monthly support obligation;
(2) if the amount collected is in excess of the amounts required to be distributed under item (1), the excess must be retained by the department as reimbursement for AFDC payments made to the family for which the State has not been reimbursed. Of the amount retained by the department, the department shall determine the federal government's share so that the department may reimburse the federal government, if required, to the extent of its participation in the financing of the AFDC payment.
(3) if the amount collected is in excess of the amounts required to be distributed under (1) and (2) the family must be paid the excess.
(4) payments made to the family in item (1) may not be used in determining the amount paid, if any, in AFDC or other welfare benefits.
Increased health care access through existing resources
SECTION 9. To assist AFDC families in directing their efforts to becoming economically stable and financially independent rather than diverting their resources to the care of children and family members with health and medical problems, the State, through coordination and cooperation among various agencies utilizing current resources, must:
(1) provide greater access to and place more emphasis on early and continuous prenatal care;
(2) eliminate as many barriers to good prenatal care as possible;
(3) establish teen parent initiatives dealing with school dropout programs and parent effectiveness training programs;
(4) promote counseling and education about early childhood health, especially the need for immunizations;
(5) foster better access to preventive health services through expanded hours of health care clinics;
(6) provide, as funding allows, school nurses to increase access to primary care and more effective identification and referral of health care among children.
Federal child care funds must be sought
SECTION 10. All federal child care funds are needed to ensure that AFDC families can participate successfully in the AFDC program. The State should make every effort to obtain these funds.
Grandparent responsibility for child support for minor's child
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-936. When a child is born to parents, either or both of whom are unmarried and under eighteen years of age, the Child Support Enforcement Division of the State Department of Social Services may pursue support and maintenance of that child from one or both of the child's maternal and paternal grandparents as long as the parent of the child is under eighteen years of age."
Child support enforcement through license revocation
SECTION 2. Title 20, Chapter 7, Article 9, Subarticle 3 of the 1976 Code is amended by adding:
Section 20-7-940. In addition to other qualifications necessary for holding a license, an individual who is under an order for child support also is subject to the provisions of this part.
Section 20-7-941. (A) As used in this part:
(1) `Arrearage' means the total amount overdue under an order of support.
(2) `Compliance with an order for support' means that pursuant to an order for support the person required to pay under the order is in arrears no more than an amount equal to two months' support obligation.
(3) `Division' means the Child Support Enforcement Division of the State Department of Social Services.
(4) `License' means:
(a) a certificate, license, credential, permit, registration, or any other authorization issued by a licensing entity that allows an individual or is required of an individual to engage in a business, occupation, or profession and includes, but is not limited to, a medical license, teaching certificate, commission and certificate of training from the South Carolina Criminal Justice Academy for a sworn law enforcement officer, and a hunting, fishing, or trapping license for commercial use;
(b) a driver's license and includes, but is not limited to, a beginner's or instruction permit, a restricted driver's license, a motorcycle driver's license, or a commercial driver's license;
(c) a hunting, fishing, or trapping license for recreational purposes;
(d) a watercraft registration.
`License' does not include the authority to practice law; however, the Supreme Court may consider as an additional ground for the discipline of members of the bar the wilful violation of a court order including an order for child support and the department has grounds to file a grievance with the Supreme Court if a licensed attorney is in wilful violation of a court order for child support.
(5) `Licensee' means an individual holding a license issued by a licensing entity.
(6) `Licensing entity' or `entity' means, for the purposes of issuing or revoking a license, a state agency, board, department, office, or commission that issues a license.
(7) `Order for support' means an order being enforced by the division under Title IV-D of the Social Security Act and which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final and includes, but is not limited to, an order for reimbursement for public assistance or an order for making periodic payments on a support arrearage.
Section 20-7-942. If a licensee is out of compliance with an order for support, the licensee's license must be revoked unless within ninety days of receiving notice that the licensee is out of compliance with the order, the licensee has paid the arrearage owing under the order or has signed a consent agreement with the division establishing a schedule for payment of the arrearage.
Section 20-7-943. The division shall obtain information on licensees pursuant to Section 20-7-944 for the purposes of establishing, enforcing, and collecting support obligations.
Section 20-7-944. In the manner and form prescribed by the division, all licensing entities monthly shall provide the division information on licensees for use in the establishment, enforcement, and collection of child support obligations including, but not limited to:
(1) name;
(2) address of record;
(3) social security number;
(4) employer's name and address;
(5) type of license;
(6) effective date of license or renewal;
(7) expiration date of license;
(8) active or inactive license status.
Section 20-7-945. (A) The division shall review the information received pursuant to Section 20-7-944 and determine if a licensee is out of compliance with an order for support. If a licensee is out of compliance with the order for support, the division shall notify the licensee that ninety days after the licensee receives the notice of being out of compliance with the order, the licensing entity will be notified to revoke the licensee's license unless the licensee pays the arrearage owing under the order or signs a consent agreement establishing a schedule for the payment of the arrearage.
(B) Upon receiving the notice provided for in subsection (A), the licensee may:
(1) request a review with the division; however, issues the licensee may raise at the review are limited to whether the licensee is the individual required to pay under the order for support and whether the licensee is out of compliance with the order of support; or
(2) request to participate in negotiations with the division for the purpose of establishing a payment schedule for the arrearage.
(C) The division director or the division director's designees are authorized to and upon request of a licensee shall negotiate with a licensee to establish a payment schedule for the arrearage. Payments made under the payment schedule are in addition to the licensee's ongoing obligation under the order for support.
(D) Upon the division and the licensee reaching an agreement on a schedule for payment of the arrearage, the division director shall submit to the court a consent order containing the payment schedule which upon the court's approval is enforceable as any order of the court. If the court does not approve the consent order, the court may require a hearing on a case-by-case basis for the judicial review of the payment schedule agreement.
(E) If the licensee and the division do not reach an agreement establishing a schedule for payment of the arrearage, the licensee may petition the court to establish a payment schedule. However, this action does not stay the license revocation procedures.
(F) The notification given a licensee that the licensee's license will be revoked in ninety days clearly must state the remedies and procedures available to a licensee under this section.
(G) If at the end of the ninety days the licensee still has an arrearage owing under the order for support or the licensee has not signed a consent agreement establishing a payment schedule for the arrearage, the division shall notify the licensing entity to revoke the licensee's license. A license only may be reinstated if the division notifies the licensing entity that the licensee no longer has an arrearage or that the licensee has signed a consent agreement.
(H) Upon notice of the revocation the licensee may appeal the licensing entity's action under the Administrative Procedures Act. However, on appeal the licensee is limited to the issues of whether the licensee is the individual required to pay under the order for support and whether the licensee is out of compliance with the order of support. An appeal from the decision of the licensing entity may be taken as any other appeal from a decision of the licensing entity.
(I) If a licensee under a consent order entered into pursuant to this section, for the payment of an arrearage subsequently is out of compliance with an order for support, the division immediately may notify the licensing entity to revoke the license and the procedures provided for under subsection (B) do not apply; however the appeal provisions of subsection (H) apply. If upon revocation of the license the licensee subsequently enters into a consent agreement or the licensee otherwise informs the department of compliance, the department shall notify the licensing entity within fourteen days of the determination of compliance and the license must be reissued.
(J) Notice required to the licensee under this section must be deposited in the United States mail with postage prepaid and addressed to the licensee at the last known address. The giving of the notice is considered complete ten days after the deposit of the notice. A certificate that the notice was sent in accordance with this part creates a presumption that the notice requirements have been met even if the notice has not been received by the licensee.
(K) Nothing in this section prohibits a licensee from filing a petition for a modification of a support order or for any other applicable relief. However, no such petition stays the license revocation procedure.
(L) If a license is revoked under this section, the licensing entity is not required to refund any fees paid by a licensee in connection with obtaining or renewing a license, and any fee required to be paid to the licensing entity for reinstatement after a license revocation applies.
Section 20-7-946. (A) Information provided to a licensing entity pursuant to this section is subject to disclosure in accordance with the Freedom of Information Act.
(B) A person who releases information received by a licensing entity pursuant to this section, except as authorized by this section or another provision of law, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
Section 20-7-947. The State Department of Social Services may enter into interagency agreements with licensing entities necessary to implement this part. These agreements shall provide for the receipt of federal funds by a licensing agency to cover that portion of costs allowable in federal law and regulation and incurred by the licensing agency in implementing this part. Notwithstanding any other provision of law, revenue generated by a licensing agency must be used to fund the nonfederal share of costs incurred pursuant to this part. These agreements shall provide that a licensing agency shall reimburse the State Department of Social Services for the nonfederal share of costs incurred by the State Department of Social Services in implementing this part. An agency shall reimburse the State Department of Social Services for the nonfederal share of costs incurred pursuant to this part from monies collected from licensees.
Section 20-7-948. The State Department of Social Services shall promulgate regulations necessary to carry out this part and shall consult with licensing entities in developing these regulations."
Administrative process
SECTION 3. Title 20, Chapter 7 of the 1976 Code is amended by adding:
Section 20-7-9505. Notwithstanding Section 20-7-420 and any other provision of law, the Division of Child Support Enforcement of the Department of Social Services also has jurisdiction to establish paternity and to establish and enforce child support in cases brought pursuant to Title IV-D of the Social Security Act in accordance with this article.
Section 20-7-9510. As used in this article, unless the context otherwise requires:
(1) `Arrears' or `arrearages' means amounts of past-due and unpaid monthly support obligations established by court or administrative order.
(2) `Costs of collections' means costs as provided for in Section 20-7-1440 in addition to the monthly support obligation.
(3) `Court' or `judge' means any court or judge in this State having jurisdiction to determine the liability of persons for the support of another person.
(4) `Custodian' means a parent, relative, legal guardian, or other person or agency having physical custody of a child.
(5) `Dependent child' means a person who is legally entitled to or the subject of a support order for the provision of proper or necessary subsistence, education, medical care, or other care necessary for the person's health, guidance, or well-being who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States.
(6) `Director' means the Director of the Child Support Enforcement Division of the State Department of Social Services.
(7) `Division' means the Child Support Enforcement Division of the State Department of Social Services.
(8) `Duty of support' means a duty of support imposed by law, by order, decree, or judgment of any court or by administrative order, whether interlocutory or final, or whether incidental to an action for divorce, separation, separate maintenance, or otherwise. `Duty of support' includes the duty to pay a monthly support obligation, a child support debt, and any arrearages.
(9) `Monthly support obligation' means the monthly amount of current child support that an obligor is ordered to pay by the court or by the division pursuant to this article.
(10) `Obligee' means a person or agency to whom a duty of support is owed or a person or agency having commenced a proceeding for the establishment or enforcement of an alleged duty of support.
(11) `Obligor' means a person owing a duty of support or against whom a proceeding for the establishment or enforcement of a duty to support is commenced.
(12) `Order' means an administrative order that involves the establishment of paternity and/or the establishment and enforcement of an order for child support and/or medical support issued by the Child Support Enforcement Division of the State Department of Social Services or the administrative agency of another state or comparable jurisdiction with similar authority.
(13) `Receipt of notice' means either the date on which service of process of a notice of financial responsibility is actually accomplished or the date on the return receipt if service is by certified mail, both in accordance with one of the methods of service specified in Section 20-7-9520.
Section 20-7-9515. The director shall issue a notice of financial responsibility to an obligor who owes a child support debt or who is responsible for the support of a child on whose behalf the custodian of that child is receiving support enforcement services from the division pursuant to Title IV-D of the Social Security Act. The notice shall include the following statements and information:
(1) That the obligor is required to appear at the time and location indicated in the notice for a negotiation conference to determine the obligor's duty of support.
(2) That the division may issue an order of default setting forth the amount of the obligor's duty of support, if the obligor:
(a) fails to appear for the negotiation conference as scheduled in the notice; or
(b) fails to reschedule a negotiation conference before the date and time stated in the notice; or
(c) fails to send the division a written request for a court hearing before the time scheduled for the negotiation conference.
(3) That the obligor may request a court hearing within twenty days after the receipt of the notice of financial responsibility pursuant to Section 20-7-9540.
(4) That the order of default must be filed with the clerk of court of the county in which the notice of financial responsibility was issued; that as soon as the order of default is filed, it shall have all the force, effect, and remedies of an order of the court, including, but not limited to, wage assignment or contempt of court; and that execution may be issued on the order in the same manner and with the same effect as if it were an order of the court.
(5) No court order for judgment nor verified entry of judgment may be required in order for the clerk of court and division to certify past due amounts of child support to the Internal Revenue Service or State Department of Revenue and Taxation for purposes of intercepting a federal or state tax refund.
(6) The name of the custodian of the child on whose behalf support is being sought and the name and birth date of the child.
(7) That the amount of the monthly support obligation must be based upon the child support guidelines as set forth in Sections 20-7-852 and 43-5-580.
(8) That the division may issue an administrative subpoena to obtain income information from the obligor.
(9) The amount of arrears or arrearages which have accrued under an administrative or court order for support.
(10) That the costs of collections may be assessed against and collected from the obligor.
(11) That the obligor may assert the following objections in the negotiation conference and that, if the objections are not resolved, the division shall schedule a court hearing pursuant to Section 20-7-9525(C): (a) that the dependent child has been adopted by a person other than the obligor;
(b) that the dependent child is emancipated; or
(c) that there is an existing court or administrative order for support as to the monthly support obligation.
(12) That the duty to provide medical support must be established under this article in accordance with the state child support guidelines.
(13) That an order issued pursuant to this article or an existing order of the court also may be modified under this article in accordance with the Uniform Interstate Family Support Act.
(14) That the obligor is responsible for notifying the division of any change of address or employment within ten days of the change.
(15) That, if the obligor has any questions, the obligor should telephone or visit the division.
(16) That the obligor has the right to consult an attorney and the right to be represented by an attorney at the negotiation conference.
(17) Other information as set forth in regulations promulgated pursuant to the Administrative Procedures Act.
Section 20-7-9520. The division shall serve a notice of financial responsibility on the obligor not less than twenty days before the date stated in the notice for the negotiation conference:
(1) in the manner prescribed for service of process in a civil action; or
(2) by an employee appointed by the division to serve process; or
(3) by certified mail, return receipt requested, signed by the obligor only. The receipt is prima facie evidence of service.
Section 20-7-9525. (A) An obligor who has been served with a notice of financial responsibility pursuant to Section 20-7-9520 and who does not request a hearing pursuant to Section 20-7-9540 shall appear at the time and location stated in the notice for a negotiation conference or shall reschedule a negotiation conference before the date and time stated in the notice. The negotiation conference must be scheduled not more than sixty days after the date of the issuance of the notice of financial responsibility. A negotiation conference may not be rescheduled more than once without cause and may not be rescheduled for a date more than fifteen days after the date and time stated in the notice without good cause as defined in regulations promulgated pursuant to the Administrative Procedures Act. If a stipulation is agreed upon at the negotiation conference as to the obligor's duty of support, the division shall issue a consent order setting forth:
(1) the amount of the monthly support obligation and instructions on the manner in which it must be paid;
(2) the amount of arrearages due and owing and instructions on the manner in which it must be paid;
(3) the name of the custodian of the child and the name and birth date of the child for whom support is being sought;
(4) other information as set forth in regulations promulgated pursuant to Section 20-7-9515(17).
(B) A copy of the consent order issued pursuant to subsection (A) and proof of service must be filed with the Family Court in the county in which the notice of financial responsibility was issued. The clerk shall stamp the date of receipt of the copy of the order and shall assign the order a case number. The consent order shall have all the force, effect, and remedies of an order of the court including, but not limited to, wage assignment and contempt of court. Execution may be issued on the order in the same manner and with the same effect as if it were an order of the court. No court order for judgment nor verified entry of judgment is required in order for the clerk of court and division to certify past-due amounts of child support to the Internal Revenue Service or State Department of Revenue and Taxation for purposes of intercepting a federal or state tax refund, or credit bureau reporting.
(C) If no stipulation is agreed upon at the negotiation conference, the division shall file the notice of financial responsibility and proof of service with the clerk of the Family Court in the county in which the notice of financial responsibility was issued, and the matter must be set for a hearing in accordance with Section 20-7-9540.
(D) The determination of the monthly support obligation must be based on the child support guidelines as set forth in Sections 20-7-852 and 43-5-580.
Section 20-7-9530. (A) If an obligor fails to appear for a negotiation conference scheduled in the notice of financial responsibility or fails to reschedule the negotiation conference before the date and time stated in the notice of financial responsibility or if the obligor fails to serve the division with a written request for a court hearing before the time scheduled for the negotiation conference, the division shall issue an order of default in accordance with the notice of financial responsibility. The order of default must be approved by the court and shall include:
(1) the amount of the monthly support obligation and instructions on the manner in which it must be paid;
(2) the amount of arrearages due and owing and instructions on the manner in which it must be paid;
(3) the name of the custodian of the child and the name and birth date of the child for whom support is being sought;
(4) other information as set forth in regulations promulgated pursuant to the Administrative Procedures Act.
(B) A copy of an order of default issued pursuant to subsection (A), proof of service, and an affidavit of default must be filed with the Family Court in the same manner and has the same force and effect as provided for in Section 20-7-9525(B).
(C) The determination of the monthly support obligation must be based on the child support guidelines as set forth in Sections 20-7-852 and 43-5-580.
Section 20-7-9535. (A) A copy of an order of financial responsibility or a consent order issued by the division must be sent by the division by first class mail to the obligor or the obligor's attorney of record and to the custodial parent.
(B) A consent order and an order of default shall continue notwithstanding the fact that the child is no longer receiving benefits for aid to families with dependent children, unless the child is emancipated or is otherwise no longer entitled to support as otherwise determined by law. An order of financial responsibility or order of default shall continue until modified by an administrative order or court order or by emancipation of the child.
(C) Nothing contained in this article deprives a court of competent jurisdiction from determining the duty of support of an obligor against whom an order is issued pursuant to this article. A determination by the court supersedes the administrative order as to support payments due subsequent to the entry of the order by the court but must not modify any arrearage which may have accrued under the administrative order.
Section 20-7-9540. (A) An obligor who objects to a part of the notice of responsibility, within thirty days of receipt of the notice, shall make a written request for a court hearing to the division. The request must be served upon the division by certified mail or in the same manner as a summons in a civil action.
(B) Upon receipt of a written request for a hearing, the division shall file the written request for a hearing, the notice of financial responsibility, and proof of service with the clerk of court in the county in which the notice of financial responsibility was issued and shall request the court to set a hearing for the matter. The clerk of court shall send a notice to the obligor and the division informing them of the date and location of the hearing. If the obligor raises issues relating to custody or visitation and the court has jurisdiction to hear these matters, the court shall set a separate hearing for those issues after entry of the order.
Section 20-7-9545. (A) The division may establish paternity of a child in the course of a negotiation conference held pursuant to Section 20-7-9525 based upon an application for services or receipt of services by the custodian pursuant to Title IV-D of the Social Security Act. Service on the alleged father pursuant to this section must be made as provided in Section 20-7-9520. In addition to the notice of financial responsibility as set forth in Section 20-7-9515, the division must serve the alleged father with a notice of paternity determination which shall include:
(1) an allegation that the alleged father is the natural father of the child involved;
(2) the child's name and date of birth;
(3) the name of the child's mother and the name of the person or agency having custody of the child, if other than the mother;
(4) a statement that if the alleged father fails to timely deny the allegation of paternity, the question of paternity may be resolved against the alleged father without further notice;
(5) a statement that if the alleged father timely denies the allegation of paternity:
(a) the alleged father is subject to compulsory genetic testing and that expenses incurred may be assessed against the alleged father if he is found to be the father;
(b) a genetic test may result in a presumption of paternity; and
(c) upon receipt of the genetic test results, if the alleged father continues to deny paternity, the alleged father may request the division to refer the matter to Family Court for a determination of paternity pursuant to Section 20-7-9540. An order for child support resulting from a subsequent finding of paternity is effective from the date the alleged father was served with the notice of paternity determination.
(B) The alleged father may file a written denial of paternity with the department within thirty days after service of the notice of paternity determination.
(C) When there is more than one alleged father of a child, the division may serve a notice of paternity determination on each alleged father in the same consolidated proceeding or in separate proceedings. Failure to serve notice on an alleged father does not prevent the department from serving notice on any other alleged father of the same child.
Section 20-7-9550. (A) If the testimony and other supplementary evidence presented at the negotiation conference demonstrate a reasonable probability that the alleged father had sexual intercourse with the child's mother during the probable time of the child's conception or if the evidence shows a probable existence of a presumption, the division may issue a subpoena ordering the alleged father to submit to paternity genetic testing. A reasonable probability of sexual intercourse during the possible time of conception may be established by affidavit of the child's mother.
(B) If the division does not receive a timely written denial of paternity or if an alleged father fails to appear at the negotiation conference or for a scheduled paternity test, the division may enter an order declaring the alleged father the legal father of the child. The order takes effect fifteen days after entry of default unless the alleged father before the fifteenth day presents good cause for failure to make a timely denial or for failure to appear at the negotiation conference or to undergo genetic testing. The division may not enter an order under this section if there is more than one alleged father unless the default applies to only one alleged father and all other alleged fathers have been excluded by the results of genetic testing. If there is more than one alleged father who has not been excluded by the results of genetic testing, the division may petition the court for a hearing to establish paternity.
(C) If the rights of others and the interests of justice require, the division may apply to any Family Court for an order compelling an alleged father to submit to genetic testing. The court shall hear the matter as expeditiously as possible. If the court finds reasonable cause to believe that the alleged father is the natural or presumed father of the child, the court shall enter an order compelling the alleged father to submit to a genetic test. As provided in subsection (A), reasonable cause may be established by affidavit of the child's mother.
Section 20-7-9555. The division shall appoint an expert who is qualified in examining genetic markers to conduct any genetic test. If the issue of paternity is referred to the Family Court, the expert's completed and certified report of the results and conclusions of a genetic test is admissible as evidence without additional testing or testimony. An order entered pursuant to this article establishes legal paternity for all purposes.
Section 20-7-9560. (A) The division may establish all duties of support including the duty to pay arrearages and to pay child support debt and may enforce duties of support from an obligor pursuant to this article if that action is requested by an agency of another state which is operating under Title IV-D of the federal Social Security Act, as amended.
(B) If the division proceeds against an obligor under subsection (A), it shall seek establishment and enforcement of the liability imposed by the laws of the state where the obligor was located during the period for which support is sought. The obligor is presumed to have been present in this State during the period until otherwise shown.
(C) If the obligee is absent from this State and the obligor presents evidence which constitutes a defense, the obligor shall request a court hearing.
(D) The remedies provided by this article are additional to those remedies provided by the `Uniform Interstate Family Support Act'.
Section 20-7-9565. (A) At any time after the entry of a consent order or an order for default under this article or an order of the court the division may issue a notice of financial responsibility to an obligor requesting the modification of an existing order issued pursuant to this article or an existing order of the court. The division shall serve the obligor with a notice of financial responsibility as provided in Section 20-7-9515 and shall proceed as set forth in this article. The obligor or obligee may file a written request for modification of an order issued under this article or an existing order of the court with the division by serving the division by certified mail. If the division does not object to the request for modification based upon a showing of changed circumstances as provided by law, the division shall serve the obligor with a notice of financial responsibility as provided in Section 20-7-9515 and shall proceed as set forth in this article. If the division objects to the request for modification based upon the failure to demonstrate a showing of changed circumstances, the division shall advise the obligor or obligee that a petition for review may be filed with the Family Court.
(B) A request for modification made pursuant to this section does not preclude the division from enforcing and collecting upon the existing order pending the modification proceeding.
(C) Only payments accruing subsequent to the modification may be modified. Modification must be made pursuant to Section 20-3-160."
Information on absent parent as condition of eligibility
SECTION 4. Section 43-5-65(a) of the 1976 Code is amended to read:
"(a) As a condition of eligibility, a needy family applying for Aid to Families with Dependent Children shall complete a certificate of eligibility containing a written declaration of such information as may be required to establish eligibility and amount of aid. The certificate shall include blanks, wherein must be stated the names, birth dates, and Social Security numbers of all children receiving aid, their present place of residence, the names and Social Security number of the adult or emancipated minor applicant, any income received through employment, from the absent parent, governmental social insurance or aid programs, gifts, sale of real or personal property, interest, dividends, or from any other source and any interest in property, real or personal. As a condition of eligibility for Aid to Families with Dependent Children, the applicant must provide, at a minimum, the following on an absent parent or putative father, or both:
(1) the first and last name and any known licenses as defined in Section 20-7-941(4) which may be subject to revocation; and
(2) at least two of the following items on each named:
(i) date of birth;
(ii) social security number;
(iii) last known home address;
(iv) last known employer's name and address;
(v) either of the absent parent's parent's name and address.
Failure to provide this information shall result in a finding of ineligibility of benefits for Aid to Families with Dependent Children unless the applicant or recipient asserts, and the department verifies, there is good cause for not providing this information. Good cause includes documentation of incest, rape, or the existence or the threat of physical abuse to the child or custodial parent. The department shall provide assistance as needed to complete the certificate and shall insure that all applicants or recipients have or promptly apply for and obtain a Social Security number. No assistance may be granted to Aid to Families for Dependent Children applicants or recipients until a valid Social Security number has been provided to the department for each member of the family for whom aid is sought or when numbers are not available until there is proof that application for the Social Security number has been made. The department shall assist the applicant or recipient in obtaining a Social Security number through procedures adopted in cooperation with the Social Security Administration or the applicant or recipient may apply for a Social Security number at the Social Security Administration office. For purposes of Aid to Families for Dependent Children Foster Care, the application for the Social Security number must be made by the state or local department. The certificate of eligibility also shall provide that, as a condition of eligibility for aid, each applicant or recipient shall:
(1) Assign to the State any rights to support from any other person the applicant may have in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid and which have accrued at the time the assignment is executed or which may accrue in the future; however, by accepting public assistance for or on behalf of a child or children, or by making application for services under Title IV-D or through placement of a child or children in state-funded foster care or under Title IV-E, except where good cause as determined by the agency exists, the recipient or applicant is considered to have made an assignment to the State Department of Social Services of any rights, title, and interest to any support obligation which is owed for the child or children or for the absent parent's spouse or former spouse who is the recipient or the applicant with whom the child is living, if and to the extent that a spousal support obligation has been established and the child support obligation is being enforced pursuant to Title IV-D of the federal Social Security Act. The assignment to the department is considered to have been made up to the amount of public assistance money or foster care board payments paid for or on behalf of the child or children for that period of time as the public assistance monies or foster care board payments are paid. The assignment consists of all rights and interest in any support obligation that the recipient may be owed past, present, or future by any person up to the amount of public assistance money paid to the recipient for or on behalf of the minor child or children or a child in foster care. The department is subrogated to the rights of the child or children or the person having custody of the child or children to collect and receive all support payments. The department has the right to initiate a support action in its own name or in the name of the recipient to recover payments ordered by the courts of this or any other state or to obtain a court order to initiate these payments including an action to determine the paternity of a child.
(2) Cooperate with the State in establishing the paternity of a child born out of wedlock with respect to whom aid is claimed and in obtaining support payments for the applicant and for a child with respect to whom the aid is claimed or in obtaining any other payments or property due the applicant of the child and that, if the relative with whom a child is living is found to be ineligible because of failure to comply with the requirements of items (1) and (2), aid for which the child is eligible must be provided in the form of protective payments. The department shall establish criteria in accordance with federal regulations to determine whether action to establish paternity and secure support is not in the best interest of a child."
Child support arrearages to be reported to consumer credit reporting agencies
SECTION 5. Article 5, Chapter 5, Title 43 of the 1976 Code is amended by adding:
"Section 43-5-585. The department shall provide consumer credit reporting agencies an automated monthly report of obligors in Title IV-D cases who have not made a payment on their child support obligation for two consecutive months.
The department shall establish procedures for notice and an opportunity for a review for obligors who contest the submission to the consumer credit reporting agency. The procedures shall limit the review to a dispute concerning the identity of the obligor or the existence or amount of the arrearage."
Assignment of right to support to include right to reimbursement for health care expenses
SECTION 6. Section 43-5-590(a)(ii) of the 1976 Code, as last amended by Act 336 of 1990, is further amended to read:
"(ii) assign to the State the rights to support, including health care expenses, from any other person the applicant may have in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid and which have accrued at the time the assignment is executed or which may accrue in the future. By accepting public assistance for or on behalf of a child or children, by making application for services under Title IV-D, or through placement of a child or children in state-funded foster care or under Title IV-E, except where good cause as determined by the agency exists, the recipient or applicant is considered to have made an assignment to the State Department of Social Services of rights, title, and interest to a support obligation which is owed for the child or children or for the absent parent's spouse or former spouse who is the recipient or the applicant with whom the child is living, if and to the extent that a spousal support obligation has been established and the child and the child support obligation is being enforced pursuant to Title IV-D of the federal Social Security Act. The assignment to the department is considered to have been made up to the amount of public assistance money, including Medicaid payments, or foster care board payments paid for or on behalf of the child or children for that period of time as the public assistance monies or foster care board payments are paid. The assignment consists of all rights and interest in a support obligation that the recipient may be owed past, present, or future by a person up to the amount of public assistance money, including Medicaid payments, paid to the recipient for or on behalf of the minor child or children or a child in foster care. The department is subrogated to the rights of the child or children or the person having custody of the child or children to collect and receive all support payments. The department has the right to initiate a support action in its own name or in the name of the recipient to recover payments ordered by the courts of this or any other state or to obtain a court order to initiate these payments including an action to determine the paternity of a child. The clerk of court shall execute the necessary order substituting the department and changing the payee of the support to the department upon receipt by the clerk of the notice of assignment."
In-hospital voluntary acknowledgment of paternity program
SECTION 7. Section 44-7-77 of the 1976 Code, as added by Acts 481 and 513 of 1994, is amended to read:
"Section 44-7-77. The Department of Health and Environmental Control and the State Department of Social Services, in conjunction with the South Carolina Hospital Association, shall develop and implement a program to promote obtaining voluntary acknowledgments of paternity as soon after birth as possible and where possible before the release of the newborn from the hospital. A voluntary acknowledgment obtained through an in-hospital program must be signed by both parents and the signatures must be notarized. As part of its in-hospital voluntary acknowledgment of paternity program, a birthing hospital as part of the birth registration process, shall collect, where ascertainable, information which is or may be necessary for the establishment of the paternity of the child and for the establishment of child support. The information to be collected on the father or on the putative father if paternity has not been established includes, but is not limited to, the name of the father, his date of birth, home address, social security number, and employer's name, and additionally for the putative father, the names and addresses of the putative father's parents."
Department to receive paternity acknowledgment on request at no charge
SECTION 8. Section 44-63-165 of the 1976 Code, as added by Act 341 of 1988, is amended to read:
"Section 44-63-165. A certificate must be prepared for a child born out of wedlock in this State to include the name of the father upon receipt of a sworn acknowledgment of paternity signed by both parents to include the surname by which the child is to be known. However, if the reputed father or the mother is deceased, if another man is shown as the father of the child on the original birth certificate or if the original birth certificate states that the mother was married, a new certificate may be prepared only when a determination of paternity is made by the Family Court pursuant to Section 20-7-952. A paternity acknowledgment must be provided to the State Department of Social Services from the appropriate state agency upon request at no charge for the purpose of establishing a child support obligation and otherwise a paternity acknowledgment is not subject to inspection except upon order of the Family Court."
Priority for tax set offs revised
SECTION 9. A. Section 12-54-470 of the 1976 Code, as added by Act 474 of 1988, is amended to read:
"Section 12-54-470. Claims to refunds allowed to be set off under this article must be made by a claimant agency filing a written notice with the commission of its intention to effect collection through setoff under this article. The following is the order of priority for multiple claims filed:
(1) claims of the Department of Revenue and Taxation;
(2) claims of the Division of Child Support Enforcement of the State Department of Social Services;
(3) other claims of the State Department of Social Services and other state agencies;
(4) claims of the Internal Revenue Service and claims filed by institutions of higher learning;
(5) claims of other agencies not given a specific priority.
Priority within a class in which multiple claims are filed is the order in time in which the claimant agencies filed the written notice with the commission of the intention to effect collection through setoff under this article."
B. The amendments to Section 12-54-470 of the 1976 Code, as contained in this section, apply to refunds for tax years beginning after 1995.
Child support guidelines award creates rebuttable presumption; change of circumstance in Title IV-D cases; factors allowing deviation from guidelines
SECTION 10. Section 20-7-852 of the 1976 Code, as added by Act 189 of 1989, is amended to read:
"Section 20-7-852. (A) In any proceeding for the award of child support, there is a rebuttable presumption that the amount of the award which would result from the application of the guidelines required under Section 43-5-580(b) is the correct amount of child support to be awarded. A different amount may be awarded upon a showing that application of the guidelines in a particular case would be unjust or inappropriate. When the court orders a child support award that varies significantly from the amount resulting from the application of the guidelines, the court shall make specific, written findings of those facts upon which it bases its conclusion supporting that award. Findings that rebut the guidelines must state the amount of support that would have been required under the guidelines and include a justification of why the order varies from the guidelines.
(B) Application of these guidelines to an existing child support order, in and of itself, is not considered a change in circumstances for the modification of that existing order, except in a Title IV-D case.
(C) The court shall consider the following factors which may be possible reasons for deviation from the guidelines or may be used in determining whether a change in circumstances has occurred which would require a modification of an existing order:
(1) educational expenses for the child or children or the spouse, to include those incurred for private, parochial, or trade schools, other secondary schools, or post-secondary education where there is tuition or related costs;
(2) equitable distribution of property;
(3) consumer debts;
(4) families with more than six children;
(5) unreimbursed extraordinary medical or dental expenses for the noncustodial or custodial parent;
(6) mandatory deduction of retirement pensions and union fees;
(7) support obligations for other dependents living with the noncustodial parent or noncourt ordered child support from another relationship;
(8) child-related unreimbursed extraordinary medical expenses;
(9) monthly fixed payments imposed by a court or operation of law;
(10) significant available income of the child or children;
(11) substantial disparity of income in which the noncustodial parent's income is significantly less than the custodial parent's income, thus making it financially impracticable to pay what the guidelines indicate the noncustodial parent should pay;
(12) alimony. Because of their unique nature, lump sum, rehabilitative, reimbursement, or any other alimony that the court may award, may be considered by the court as a possible reason for deviation from these guidelines;
(13) agreements reached between parties. The court may deviate from the guidelines based on an agreement between the parties if both parties are represented by counsel or if, upon a thorough examination of any party not represented by counsel, the court determines the party fully understands the agreement as to child support. The court still has the discretion and the independent duty to determine if the amount is reasonable and in the best interest of the child or children.
(D) Pursuant to Section 43-5-580(b), the department shall promulgate regulations which establish child support guidelines as a rebuttable presumption. The department shall review these regulations at least once every four years to ensure that their application results in appropriate child support award amounts."
Employer New Hire Reporting program
SECTION 11. Section 20-7-1315 of the 1976 Code, as last amended by Act 510 of 1994, is further amended by adding at the end:
"(L) By January 1, 1996, the Child Support Enforcement Division of the Department of Social Services shall create and develop an Employer New Hire Reporting program. The Employer New Hire Reporting program shall provide a means for employers to voluntarily assist in the state's efforts to locate absent parents who owe child support and collect child support from those parents by reporting information concerning newly hired and rehired employees directly to the division. The following provisions apply to the Employer New Hire Reporting program:
(1) An employer doing business in this State may participate in the Employer New Hire Reporting program by reporting to the Child Support Enforcement Division:
(a) the hiring of a person who resides or works in this State to whom the employer anticipates paying earnings; or
(b) the rehiring or return to work of an employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment.
(2) The Employer New Hire Reporting program applies to a person who is expected to:
(a) be employed for more than one month's duration;
(b) be paid for more than three hundred fifty hours during a continuous six-month period; or
(c) have gross earnings of more than three hundred dollars in each month of employment.
(3) An employer who voluntarily reports under item (1) shall submit monthly reports regarding each hiring, rehiring, or return to work of an employee during the preceding month. The report must contain:
(a) the employee's name, address, social security number, date of birth, and salary information; and
(b) the employer's name, address, and employer identification number.
(4) Employers reporting to the Employer New Hire Reporting program shall provide information to the Child Support Enforcement Division by:
(a) sending a copy of the new employee's W-4 form;
(b) completing a form supplied by the Child Support Enforcement Division; or
(c) any other means authorized by the Child Support Enforcement Division for conveying the required information, including electronic transmission or magnetic tapes in compatible formats.
(5) An employer is authorized by this section to disclose the information described in item (3) and is not liable to the employee for the disclosure or subsequent use by the Child Support Enforcement Division of the information.
(6) For each employee reported under the Employer New Hire Reporting program, the Child Support Enforcement Division shall retain the information only if the division is responsible for establishing, enforcing, or collecting a support obligation of the employee. If the division is not responsible for establishing, enforcing, or collecting a support obligation of the employee, the division must not create a record regarding the employee and the information provided by the employer must be destroyed promptly.
Information received by the South Carolina Employment Security Commission received from employers which includes information contained in the reports provided for in this section shall transmit this information to the Department of Social Services within fifteen working days after the end of each quarter."
Simplification of application forms
SECTION 1. The Department of Social Services, with existing resources and personnel, shall develop simplified AFDC, Medicaid, and food stamp application forms and instructions which are understandable. If necessary, for compliance with federal regulations, the department shall apply to the federal government for waivers.
Review of federal and state procurement and purchasing regulations as they affect services to welfare recipients
SECTION 2. The Department of Social Services and the Department of Health and Human Services Finance Commission shall review and, to the extent possible, ensure that federal and state procurement and purchasing regulations do not unnecessarily delay services to AFDC clients and child care and transportation providers to AFDC clients.
Electronic data interchange standards
SECTION 3. As applicable, all state agencies shall adopt Electronic Data Interchange Standards as set forth by the Budget and Control Board, Office of Research and Statistics Information Resource Planning and Management so that exchanges and sharing of information concerning AFDC clients and revenue sources are freely available. However, in the exchange and sharing of information all requirements for confidentiality of information must be maintained. For the next two years these state agencies shall report to the Budget and Control Board, Division of Information Resource Technology before January first on the agency's progress and compliance with this section and its utilization of the system created as a result of this action.
Adult education initiatives
SECTION 4. The Department of Social Services in conjunction with the Department of Education shall:
(1) ensure that existing continuing education and adult education programs are designed to advance AFDC clients in attaining self-sufficiency and that the location, scheduling, and other mechanics of these programs are structured so as to maximize access by AFDC clients;
(2) endorse and promote school-to-work transition programs to link at-risk secondary school students to the workplace and to appropriate work related post-secondary education.
Technical education partnership initiatives
SECTION 5. (A) The Department of Social Services in conjunction with the State Board for Technical and Comprehensive Education shall:
(1) work closely with businesses and industries in South Carolina to design curriculums to produce students with skills needed by these businesses and industries;
(2) develop specially designed curriculums that target and train AFDC clients in keeping with the clients' identified aptitudes, interests, and abilities for occupations identified by the Employment Security Commission as the top growth occupations of the future.
(B) For the next three years the Department of Social Services and the State Board for Technical Education shall report before January first to the Governor and the General Assembly on the projects completed under this section, the number of AFDC families served, and shall evaluate their effectiveness in assisting AFDC families in becoming self-sufficient.
Regional Department of Social Services directors
SECTION 6. Section 43-3-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 43-3-40. (A) The director shall select a director for each county department, referred to in Chapters 1, 3, 5, 7, 9, 19, and 23 as the county director, to discharge the duties of such office and may select regional directors to oversee the county directors. The salaries of county directors and any regional directors shall be fixed by the director. In fixing these salaries the director shall consider the individual qualifications of the respective directors and the possibilities of their individual positions. The county director shall be the chief executive officer of the county department and shall perform duties as are directed by the director, regional director, or as directed by law.
(B) Regional and county directors serve at the pleasure of the Director of the State Department of Social Services."
Federal waivers
SECTION 1. The State Department of Social Services shall apply for waivers to implement the following provisions in this act:
(1) Part III, Sections 6, 11, 12, and 13;
(2) Part IV, Sections 1, 3, 4, 5, and 6;
(3) Part V, Sections 1, 2, 3, 5, 6, 7, and 8;
(4) Part VI, Section 4.
Evaluation and reports
SECTION 1. On or about August 31, 1996, and every two years thereafter the Legislative Audit Council shall evaluate and report to the General Assembly on the success and effectiveness of the policies and programs created in this act. In conducting this evaluation the council shall identify the number of AFDC families and individuals no longer receiving welfare, the number of individuals who have completed educational, employment, or training programs under this act, the number of individuals who have become employed and the duration of their employment, and other data and information the council considers appropriate in reporting to the General Assembly on the effectiveness of this act.
Severability
SECTION 1. If any provision of this act or the application of a provision of this act to a person or circumstance is held invalid, that invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision of application, and to this end the provisions of this act are severable.
Code sections titled
SECTION 2. Sections 20-70-840 through 20-7-938 of the 1976 Code are designated as Part I, Subarticle 3, Article 9, Chapter 7, Title 20 and named "Child Support Proceedings and Enforcement".
Definitions temporarily modified in connection with enforcement of child support through license revocation
SECTION 3. Notwithstanding the definition of "compliance with an order for support", as contained in Section 20-7-941 of the 1976 Code, as added by Part VI, Section 2 of this act:
(1) From January 1, 1996, to June 30, 1996, "compliance with an order for support" means that pursuant to an order for support the person required to pay under the order is in arrears no more than an amount equal to six months' support obligation.
(2) From July 1, 1996, to December 31, 1996, "compliance with an order for support" means that pursuant to an order for support the person required to pay under the order is in arrears no more than an amount equal to four months' support obligation.
Time effective
SECTION 4. This act takes effect upon approval by the Governor except that Part III, Sections 6, 11, 12, and 13; Part IV, Sections 1, 3, 4, 5, and 6; Part V, Sections 1, 2, 3, 5, 6, 7, and 8; and Part VI, Section 4 take effect ninety days after receipt of approval of a federal waiver authorizing the department to implement these provisions or ninety days after federal law permits implementation. Part VI, Section 5 takes effect January 1, 1996.
Approved the 12th day of June, 1995.