South Carolina General Assembly
115th Session, 2003-2004

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H. 4431

STATUS INFORMATION

General Bill
Sponsors: Reps. Neilson, Vaughn, Altman and Leach
Document Path: l:\council\bills\pt\1710ahb04.doc

Introduced in the House on January 13, 2004
Currently residing in the House Committee on Judiciary

Summary: Minors, medical procedures, parental rights

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
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   12/3/2003  House   Prefiled
   12/3/2003  House   Referred to Committee on Judiciary
   1/13/2004  House   Introduced and read first time HJ-71
   1/13/2004  House   Referred to Committee on Judiciary HJ-71

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/3/2003

(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 THE RIGHTS AND DUTIES OF PARENTS CONCERNING THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT EACH PARENT HAS A RIGHT TO PARTICIPATE IN DECISIONS ABOUT A CHILD'S MEDICAL PROCEDURE AND TO PROVIDE AN EXCEPTION.

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.    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. 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 the minor children child and the right to participate in their children's the child's school activities and decisions about the child's medical procedures unless prohibited by order of the court. This section does not permit the delay of necessary medical treatment. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child."

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

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