Current Status Bill Number:3179 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970114 Primary Sponsor:Seithel All Sponsors:Seithel, Meacham and Robinson Drafted Document Number:bbm\9046ac.97 Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Child not placed with homosexual or bisexual, abuser, or sex offender for foster care or adoption, minors
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970114 Introduced, read first time, 27 H3M
referred to Committee
House 19970108 Prefiled, referred to Committee 27 H3M
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TO AMEND SECTION 20-7-1642, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING FOSTER CARE PLACEMENTS WITH PERSONS WHO HAVE A HISTORY OF CHILD ABUSE OR NEGLECT OR A CRIMINAL RECORD FOR CERTAIN CRIMES, SO AS TO ALSO PROHIBIT SUCH PLACEMENTS WITH A PERSON WHO IS A HOMOSEXUAL OR BISEXUAL; AND TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY ADOPT A CHILD SO AS TO PROHIBIT ADOPTIONS BY PERSONS WHO HAVE A HISTORY OF CHILD ABUSE OR NEGLECT, OR A CRIMINAL RECORD FOR CERTAIN CRIMES, OR WHO IS A HOMOSEXUAL OR BISEXUAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-1642 of the 1976 Code, as added by Act 101 of 1993, is amended to read:
"Section 20-7-1642. No child may be placed in foster care with a person:
(1) with a substantiated history of child abuse or neglect; or
(2) who has pled guilty or nolo contendere to or who has been convicted of:
(a) an 'Offense Against the Person' as provided for in Chapter 3, Title 16;
(b) an 'Offense Against Morality or Decency' as provided for in Chapter 15, Title 16; or
(c) contributing to the delinquency of a minor as provided for in Section 16-17-490.
(3) who is a homosexual or bisexual."
SECTION 2. Section 20-7-1670 of the 1976 Code, as last amended by Act 237 of 1996, is further amended to read:
"(A) Any A South Carolina resident may petition the court to adopt a child. Placement of children for adoption pursuant to this Subarticle 7, Article 11, Chapter 7 of Title 20 subarticle is limited to South Carolina residents with exceptions being made in the following circumstances only:
(a)(1) the child is a special needs child, as defined by Section 20-7-1650;
(b)(2) there has been public notoriety concerning the child or child's family, and the best interests of the child would be served by placement outside this State;
(c)(3) the child is to be placed for adoption with a relative related biologically or by marriage;
(d)(4) at least one of the adoptive parents is in the military service stationed in South Carolina; or
(e)(5) there are unusual or exceptional circumstances such that the best interests of the child would be served by placement with or adoption by nonresidents of this State.
(B) Before a child is placed within or outside the boundaries of this State for adoption with nonresidents of this State, compliance with Subarticle 11, Article 11, Chapter 7 of Title 20 (Interstate Compact on the Placement of Children) is required, and a judicial determination must be made in this State that one of the circumstances in items (a) through (e) of this section subsection (A) applies, whether or not the adoption proceedings are instituted in South Carolina. Additionally, in order to determine if any of the circumstances in items (a) through (e) of this section subsection (A) apply so as to permit placement with a nonresident for the purpose of adoption or adoption by a nonresident, a petition may be brought for the determination before the birth of the child or before placement of the child with the prospective adoptive parents. In ruling on this question the court must include in its order specific findings of fact as to the circumstances allowing the placement of a child with a nonresident or the adoption of a child by a nonresident. The court also must analyze the facts against the objective criteria established in Sections 16-3-1060 and 20-7-1690(F) and make specific findings in accordance with the pertinent law and evidence presented. The order resulting from this action does not prohibit or waive the right to refuse to consent to a release of rights or relinquish rights at a later time nor to withdraw a consent or relinquish at a later time as provided in this chapter. The order must be merged with and made a part of any subsequent adoption proceeding initiated in South Carolina.
(C) No child may be placed for adoption with a person:
(1) with a substantiated history of child abuse or neglect;
(2) who has pled guilty or nolo contendere to or who has been convicted of:
(a) an 'Offense Against the Person' as provided for in Chapter 3, Title 16;
(b) an 'Offense Against Morality or Decency' as provided for in Chapter 15, Title 16; or
(c) contributing to the delinquency of a minor as provided for in Section 16-17-490.
(3) who is a homosexual or bisexual."
SECTION 3. This act takes effect upon approval by the Governor.