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H. 4909

STATUS INFORMATION

General Bill
Sponsors: Rep. Talley
Document Path: l:\council\bills\nbd\12267ac04.doc

Introduced in the House on March 4, 2004
Currently residing in the House Committee on Judiciary

Summary: Child custody, rights of disabled parent

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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    3/4/2004  House   Introduced and read first time HJ-74
    3/4/2004  House   Referred to Committee on Judiciary HJ-75

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/4/2004

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540 SO AS TO PROVIDE THAT IF A PARENT OF A CHILD IN A CUSTODY MATTER HAS A DISABILITY, THE PARENT HAS THE RIGHT TO PROVIDE EVIDENCE AND INFORMATION REGARDING THE MANNER IN WHICH THE USE OF ADAPTIVE EQUIPMENT OR SUPPORTIVE SERVICES WOULD ENABLE THE PARENT TO CARRY OUT HIS OR HER PARENTAL RESPONSIBILITIES AND TO REQUIRE THE COURT TO MAKE SPECIFIC FINDINGS CONCERNING THE DISABILITY OF THE PARENT AND THE AFFECT THE DISABILITY HAS ON THE BEST INTERESTS OF THE CHILD.

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

SECTION    1.    Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-1540.    (A)    In making a decision regarding custody of a child if a parent of the child has a disability, the parent has the right to provide evidence and information regarding the manner in which the use of adaptive equipment or supportive services would enable the parent to carry out the responsibilities of parenting the child. The court shall advise the parent of this right. Evaluations of parental fitness must take into account the use of adaptive equipment and supportive services for a parent with a disability and must be conducted by, or with the assistance of, a person who has expertise concerning this equipment and these services.

(B)    As used in this section:

(1)    'Adaptive equipment' means a piece of equipment or an item that is used to increase, maintain, or improve the parenting capabilities of a parent with a disability.

(2)    'Disability' means, with respect to an individual:

(a)    a mental or physical impairment that substantially limits one or more major life activities of the individual including, but not limited to, self-care, manual tasks, walking, seeing, hearing, speaking, learning, or working;

(b)    a record of a mental or physical impairment; or

(c)    being regarded as having a mental or physical impairment.

Disability does not include transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, other sexual behavior disorders, substance use disorders, compulsive gambling, kleptomania, or pyromania. Sexual preference or orientation is not considered an impairment or disability.

Whether an impairment substantially limits a major life activity, as provided for in item (2)(a), must be determined without consideration of the affect of corrective or mitigating measures used to reduce the effects of the impairment.

(3)    'Supportive services' means services that assist a parent with a disability to compensate for those aspects of the parent's disability that affect the parent's ability to care for his or her child and that will enable the parent to discharge his or her parental responsibilities. The term includes specialized or adapted training, evaluations, or assistance with effective use of adaptive equipment, and accommodations that allow a parent with a disability to benefit from other services including, but not limited to, Braille texts or sign language interpreters.

(C)    In any action where the disability of a parent is found by the court to be relevant to an award of custody of a child, the court shall make specific findings concerning the disability and what affect, if any, the court finds the disability has on the best interests of the child.

(D)    Nothing in this section may be construed to create a new or additional obligation on state or local governments to purchase or provide adaptive equipment or supportive services for parents with disabilities.

(E)    Nothing in this section may be construed to allow discrimination on the basis of disability."

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

This web page was last updated on Monday, December 7, 2009 at 10:40 A.M.