Current Status Bill Number:4024 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950412 Primary Sponsor:Davenport All Sponsors:Davenport Drafted Document Number:br1\18400ac.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Child abuse case, rights of person as perpetrator of
Body Date Action Description Com Leg Involved
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House 19950412 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-657 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL NOTIFY A PERSON OF HIS RIGHTS WHEN THE PERSON IS IDENTIFIED AS THE PERPETRATOR IN AN ALLEGED CASE OF ABUSE OR NEGLECT; TO PROHIBIT THE DEPARTMENT FROM CONTACTING A MINOR FAMILY MEMBER OF THE SUBJECT OF A REPORT OF ABUSE OR NEGLECT UNLESS THE CHILD'S PARENTS CONSENT; AND TO AUTHORIZE ATTORNEY'S FEES TO AN ALLEGED PERPETRATOR OF ABUSE OR NEGLECT WHEN THE REPORT IS DETERMINED TO BE UNFOUNDED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-657. (A) Upon contacting the alleged perpetrator in a report of alleged abuse or neglect, the department shall inform the person of the person's rights under the law including the right to be represented in the matter by an attorney.
(B) In conducting the investigation of a report of alleged abuse or neglect, the department may not contact a family member of the subject of the report if the family member is a child under the age of eighteen unless a parent, custodian, or guardian of the child consents.
(C) Following an investigation of a report of alleged abuse or neglect if the case is determined by the department or court to be unfounded, the court may award attorney's fees to the alleged perpetrator."
SECTION 2. This act takes effect upon approval by the Governor.