South Carolina General Assembly
113th Session, 1999-2000

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Bill 3631


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3631
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990302
Primary Sponsor:                  Allison
All Sponsors:                     Allison, Littlejohn and Walker
Drafted Document Number:          l:\council\bills\gjk\20294afc99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Parental access to educational and 
                                  medical records of minor child prohibited when 
                                  domestic violence, child abuse; Minors


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990302  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO REQUIRE THE COURT TO PROHIBIT A PARENT'S ACCESS AND RIGHT TO OBTAIN EDUCATIONAL AND MEDICAL RECORDS AND TO PARTICIPATE IN SCHOOL ACTIVITIES IF THE PARENT HAS BEEN CONVICTED OF CERTAIN CRIMES IN WHICH THE SPOUSE OR CHILD WAS A VICTIM OR IF THE PARENT HAS BEEN FOUND BY THE COURT TO HAVE PERPETRATED ABUSE OR NEGLECT AGAINST THE CHILD OR DOMESTIC VIOLENCE AGAINST THE SPOUSE OR CHILD.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 20-7-100 of the 1976 Code, as last amended by Act 421 of 1996, is further amended to read:

"Section 20-7-100. (A) The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor.

(B) Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their children's school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child.

(C) The court shall prohibit a noncustodial parent's access and the right to obtain records and participate in school activities if the noncustodial parent has:

(1) been convicted or pled guilty or nolo contendere to a crime in which the custodial parent or the child was the victim including, but not limited to assault, battery, criminal domestic violence, spousal sexual battery, harassment, or stalking;

(2) been found by the court to have perpetrated abuse or neglect against the child or domestic violence against the spouse or child; or

(3) had an order for protection from domestic violence issued against him and the custodial parent or child was a victim of the domestic violence."

SECTION 2. This act takes effect upon approval by the Governor.

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