Download This Version in Microsoft Word format
COMMITTEE REPORT
April 11, 2002
S. 971
S. Printed 4/11/02--S. [SEC 4/15/02 12:53 PM]
Read the first time February 5, 2002.
To whom was referred a Bill (S. 971) to amend the Code of Laws of South Carolina, 1976, by enacting the "South Carolina Children's Justice Task Force Act", etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. This act may be cited as the "South Carolina Children's Justice Task Force Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 20-7-497. (A) The South Carolina Children's Justice Task Force is established as an advisory body to the General Assembly and Governor on issues related to the investigative, administrative, and judicial handling of child abuse and neglect cases.
(B) The task force must comprise individuals with knowledge of and experience with the criminal justice system or systems handling child physical abuse, neglect, sexual abuse and exploitation, or child maltreatment-related fatalities and must include:
(1) a law enforcement officer;
(2) a circuit court judge;
(3) a family court judge;
(4) a solicitor or assistant solicitor;
(5) a defense attorney;
(6) a volunteer guardian ad litem;
(7) an attorney for children;
(8) a health professional;
(9) a mental health professional;
(10) a child protective services worker;
(11) an individual experienced in working with children with disabilities;
(12) a representative of a parent group;
(13) a member of the State Child Fatality Advisory Committee;
(14) a crime victim professional;
(15) a member of the Foster Care Review Board;
(16) the Director of Prevent Child Abuse;
(17) a representative from the Department of Education;
(18) a representative from the Clerk of Court's Association; and
(19) an individual appointed at-large.
Members serve terms of three years and must be appointed by the Governor, who may receive recommendations from the task force.
Procedures for the election of officers, establishment of committees, and other operational matters must be established and amended as necessary by a majority vote of the task force; however, proposed changes must be distributed to members at least thirty days in advance of a vote on the issue.
(C) Every three years, the task force must conduct a comprehensive evaluation of the state's systems related to child abuse and neglect cases, and develop training and policy recommendations for improving those systems in each of the following categories:
(1) investigative, administrative, and judicial handling of child abuse and neglect cases including, but not limited to, child sexual abuse cases and cases involving child maltreatment-related fatalities. The evaluation must include recommendations for handling these cases in a manner which reduces trauma to the child victim and ensures procedural fairness to the accused;
(2) experimental, model, and demonstration programs for testing innovative approaches and techniques to improve the prompt and successful resolution of child abuse proceedings in civil and criminal court and to enhance the effectiveness of judicial and administrative actions in child abuse cases;
(3) changes to state laws, regulations, protocols, and procedures to provide children comprehensive protection from abuse.
A report summarizing the evaluation, including task force recommendations, must be submitted to the General Assembly and to the Governor every three years.
(D) Annually, the task force must submit to the General Assembly and to the Governor a report on the state's progress toward implementation of the task force's recommendations.
(E) The task force must issue to the Department of Social Services a recommendation binding on the department for the utilization of Children's Justice Task Force funds, authorized under Section 1404A of the Victims of Crime Act of 1984, to implement task force recommendations.
(F) Staff support for the task force must be provided by an entity receiving Children's Justice Act grant funds through the Department of Social Services."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
LARRY A. MARTIN for Committee.
EXPLANATION OF IMPACT:
The implementation of this bill would have no impact on the General Fund of the State as it identifies the membership of the task force, specifies its duties and responsibilities and reporting requirements. There is no fiscal impact on federal and/or other funds.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA CHILDREN'S JUSTICE TASK FORCE ACT", SO AS TO ADD SECTION 20-7-497 TO ESTABLISH THIS TASK FORCE AS AN ADVISORY BODY TO THE GENERAL ASSEMBLY AND THE GOVERNOR ON ISSUES RELATED TO THE INVESTIGATIVE, ADMINISTRATIVE, AND JUDICIAL HANDLING OF CHILD ABUSE AND NEGLECT CASES AND TO PROVIDE FOR THE MEMBERSHIP OF THE TASK FORCE AND ITS POWERS AND DUTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina Children's Justice Task Force Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 20-7-497. (A) The South Carolina Children's Justice Task Force is established as an advisory body to the General Assembly and Governor on issues related to the investigative, administrative, and judicial handling of child abuse and neglect cases.
(B) The task force must be composed of professionals with knowledge of and experience with the criminal justice system or systems handling child physical abuse, neglect, sexual abuse and exploitation, and child maltreatment related fatalities and shall include:
(1) a law enforcement officer;
(2) a criminal court judge;
(3) a family court judge;
(4) a solicitor or assistant solicitor;
(5) a defense attorney;
(6) a volunteer guardian ad litem;
(7) an attorney for children;
(8) a health professional;
(9) a mental health professional;
(10) a child protective services worker;
(11) individuals experienced in working with children with disabilities;
(12) a representative of a parent group.
Members must be appointed by the Governor to serve terms of three years.
Procedures for the election of officers, establishment of committees, and other operational matters must be established and amended as necessary by a majority vote of the task force, provided that proposed changes are distributed to members at least thirty days in advance.
(C) Every three years the task force shall conduct a comprehensive evaluation of the state's systems related to child abuse and neglect cases and develop training and policy recommendations for improving those systems in each of these categories:
(1) investigative, administrative, and judicial handling of cases of child abuse in family court and in circuit court, including child sexual abuse cases and cases involving child maltreatment related fatalities, in a manner which reduces the additional trauma to the child victim and which also ensures procedural fairness to the accused;
(2) experimental, model, and demonstration programs for testing innovative approaches and techniques which may improve the prompt and successful resolution of civil and criminal court proceedings or enhance the effectiveness of judicial and administrative action in child abuse cases;
(3) changes to state laws, regulations, protocols, and procedures to provide comprehensive protection for children from abuse.
A report summarizing the evaluation, including the task force recommendations, must be submitted to the General Assembly and to the Governor.
(D) Annually, the task force shall submit to the General Assembly and to the Governor a report on the state's progress toward implementation of its recommendations.
(E) The task force shall issue a binding recommendation to the Department of Social Services for utilization of Children's Justice Task Force funds, authorized under Section 1404A of the Victims of Crime Act of 1984, to implement task force recommendations."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 2:30 P.M.