Current Status Bill Number:695 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950404 Primary Sponsor:Richter All Sponsors:Richter and Hayes Drafted Document Number:RES9694.LER Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Date of Last Amendment:19950525 Subject:Juvenile detention, expense of parents
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950530 Introduced, read first time, 27 H3M
referred to Committee
Senate 19950529 Read third time, sent to House
Senate 19950525 Amended, read second time
Senate 19950524 Committee report: Favorable with 08 SG
amendment
Senate 19950404 Introduced, read first time, 08 SG
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
May 25, 1995
S. 695
S. Printed 5/25/95--S.
Read the first time April 4, 1995.
TO AMEND SECTION 20-7-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT FOR SUPPORT OR TREATMENT OF A CHILD COMMITTED TO CUSTODY OTHER THAN THAT OF HIS PARENTS, SO AS TO PROVIDE THAT THE SOLICITOR MAY PETITION THE FAMILY COURT TO ORDER THE PARENT OR PARENTS OF A CHILD WHO IS COMMITTED BY THE COURT TO THE CUSTODY OTHER THAN THAT OF HIS PARENTS OR WHO IS GIVEN MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC TREATMENT UNDER ORDER OF THE COURT TO PAY CHILD SUPPORT WHEN THE CHILD IS COMMITTED TO OR DETAINED IN THE CUSTODY OF A COUNTY DETENTION FACILITY OR THE DEPARTMENT OF JUVENILE JUSTICE AND TO REQUIRE THE COURT IN MAKING ITS DETERMINATION WHETHER TO ORDER CHILD SUPPORT TO CONSIDER THE CONDUCT OF THE PARENT IN SUPERVISING AND PROVIDING CARE FOR THE CHILD; AND TO AMEND SECTION 20-7-2180 OF THE 1976 CODE, RELATING TO THE RESPONSIBILITY OF THE DEPARTMENT OF JUVENILE JUSTICE FOR A CHILD COMMITTED TO ITS CUSTODY, SO AS TO PROVIDE THAT ALL EXPENSES OF A CHILD COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE SHALL BE BORNE BY THE STATE EXCEPT AS OTHERWISE PROVIDED BY LAW.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-1340 of the 1976 Code is amended to read:
"Section 20-7-1340. Whenever a child is committed by the court to custody other than that of his parents, or is given medical, psychological, or psychiatric treatment under order of the court, and no provision is otherwise made by law for the support of such child or payment for such treatment, compensation for the care and treatment of such child, when approved by order of the court, shall be subject to whatever provision may be made (for the financing of indigents) by the county where such child is a resident the solicitor of the county where the child is a resident may petition the court to order the parent or parents of such child to pay child support when such child is committed to or detained in the custody of a county detention facility or the Department of Juvenile Justice. If the parents of the child are living apart, the solicitor shall pursue child support payments from both parents. The court may, after giving the parent a reasonable opportunity to be heard, order and decree that such parent shall pay, in such manner as the court may direct, such sum within his ability to pay in accordance with child support guidelines promulgated by the Department of Social Services, so as to cover in whole or in part the support and treatment of such child. In making its determination whether to order child support, the court shall consider the conduct of the parent in supervising and providing care for the child. If the parent shall wilfully fail or refuse to pay such sum, the court may proceed against him or her as for contempt."
SECTION 2. Section 20-7-2180 of the 1976 Code is amended to read:
"Section 21-7-2180. From the time of lawful reception of any child by the Department of Juvenile Justice and during his stay in custody in a correctional institution, facility, or program operated by the department, he shall be under the exclusive care, custody, and control of the department. All expenses shall be borne by the State except as otherwise provided by law."
SECTION 3. This act takes effect upon approval by the Governor.