Current Status Bill Number:3974 Ratification Number:330 Act Number:292 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970410 Primary Sponsor:Campsen All Sponsors:Campsen, Seithel, Woodrum, Altman and Young Drafted Document Number:kgh\15089ac.97 Date Bill Passed both Bodies:19980401 Date of Last Amendment:19980319 Governor's Action:S Date of Governor's Action:19980420 Subject:Foster care placements, juvenile sex offender may not be placed in foster home; Minors; Crimes and Offenses
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980423 Act No. A292 ------ 19980420 Signed by Governor ------ 19980414 Ratified R330 House 19980401 Concurred in Senate amendment, enrolled for ratification House 19980326 Debate adjourned until Wednesday, 19980401 Senate 19980324 Read third time, returned to House with amendment Senate 19980319 Read second time Senate 19980319 Committee amendment adopted Senate 19980318 Committee report: Favorable with 11 SJ amendment Senate 19970604 Introduced, read first time, 11 SJ referred to Committee House 19970604 Read third time, sent to Senate House 19970603 Amended, read second time House 19970528 Committee report: Favorable with 25 HJ amendment House 19970410 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
(A292, R330, H3974)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1635 SO AS TO PROHIBIT PLACING A MINOR IN A FOSTER HOME IF THE MINOR HAS BEEN ADJUDICATED OR CONVICTED OF OR PLED GUILTY TO A SEX OFFENSE, TO PROVIDE AN EXCEPTION FOR PLACEMENT IN A THERAPEUTIC FOSTER HOME IF NO OTHER MINORS ARE IN THE HOME, AND TO AUTHORIZE THE PLACING AGENCY TO PETITION FOR AN EXCEPTION FOR GOOD CAUSE.
Be it enacted by the General Assembly of the State of South Carolina:
Placement of certain juvenile offenders prohibited in foster care; exception
SECTION 1. The 1976 Code is amended by adding:
Section 20-7-1635. No agency may place a minor in a foster home if the agency has actual knowledge that the minor has been adjudicated delinquent for, or has pled guilty or nolo contendere to, or has been convicted of a sex offense, unless the placement is in a therapeutic foster home or unless the minor is the only child in the foster home at the time of placement and for the length of that minor's placement in the foster home. Notwithstanding this provision, the placing agency may petition the court for an order allowing the minor to be placed in a foster home, other than a therapeutic home, if good cause is shown. Good cause shall include, but not be limited to, the fact that the minor is being placed in a home with his siblings.
The placing agency must inform the foster parent in whose home the minor is placed of that minor's prior history of a sex offense. For purposes of this section the term 'sex offense' means:
(1) criminal sexual conduct in the first degree, as provided in Section 16-3-652;
(2) criminal sexual conduct in the second degree, as provided in Section 16-3-653;
(3) criminal sexual conduct in the third degree, as provided in Section 16-3-654;
(4) criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(1);
(5) criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(2) and (3);
(6) engaging a child for a sexual performance, as provided in Section 16-3-810;
(7) producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;
(8) assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;
(9) incest, as provided in Section 16-15-20;
(10) buggery, as provided in Section 16-15-120;
(11) committing or attempting lewd act upon child under sixteen, as provided in Section 16-15-140;
(12) violations of Article 3, Chapter 15 of Title 16 involving a child when the violations are felonies;
(13) accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;
(14) attempt to commit any of the offenses enumerated herein; or
(15) any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the minor's offense should be considered a sex offense.
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 20th day of April, 1998.