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H. 4920
STATUS INFORMATION
General Bill
Sponsors: Reps. Loftis, Altman, Barfield, Cato, Ceips, Clemmons, Coates, Davenport, Delleney, Frye, Gilham, Hamilton, Harrison, Haskins, Hosey, Koon, Leach, Littlejohn, Owens, Quinn, Rice, Sandifer, Simrill, Sinclair, G.M. Smith, G.R. Smith, W.D. Smith, Stewart, Talley, Taylor, Tripp, Vaughn and Witherspoon
Document Path: l:\council\bills\nbd\12286ac04.doc
Introduced in the House on March 10, 2004
Currently residing in the House Committee on Judiciary
Summary: Restrictions on foster care and adoptive placement
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/10/2004 House Introduced and read first time HJ-18 3/10/2004 House Referred to Committee on Judiciary HJ-18
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 20-7-1642, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WITH WHOM CHILDREN MAY NOT BE PLACED FOR FOSTER CARE, SO AS TO PROVIDE THAT THESE RESTRICTIONS ALSO APPLY TO ADOPTIVE PLACEMENTS, AND TO ALSO PROVIDE AS A RESTRICTION, A PERSON WHO IS IN A SEXUAL RELATIONSHIP WITH A PERSON IN HIS OR HER HOME OTHER THAN THE PERSON'S LAWFUL SPOUSE AND TO FURTHER PROVIDE FOR PLACEMENT PROCEDURES CONCERNING THESE RESTRICTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-1642 of the 1976 Code, as last amended by Act 391 of 1998, is further amended to read:
"Section 20-7-1642. (A) No A child may must not be placed in for foster care or adoption with a person:
(1) with who has a substantiated history of child abuse or neglect; or
(2) who has pled guilty or nolo contendere to or who has been convicted of:
(a) an 'Offense Against the Person' as provided for in Chapter 3, Title 16;
(b) an 'Offense Against Morality or Decency' as provided for in Chapter 15, Title 16;
(c) contributing to the delinquency of a minor as provided for in Section 16-17-490;
(d) the common law offense of assault and battery of a high and aggravated nature when the victim was a person seventeen years of age or younger;
(e) criminal domestic violence, as defined in Section 16-25-20;
(f) criminal domestic violence of a high and aggravated nature, as defined in Section 16-25-65; or
(g) a felony drug-related offense under the laws of this State; or
(3) if the foster parent, prospective foster parent, or prospective adoptive parent is engaged in a sexual relationship with another person residing in the home, other than the foster parent's, prospective foster parent's, or prospective adoptive parent's lawful spouse.
(B) A person who has been convicted of a criminal offense similar in nature to a crime enumerated in subsection (A) when the crime was committed in another jurisdiction or under federal law is subject to the restrictions set out provided in this section.
(C) A child-placing agency must not place a child in a home for foster care or for adoption unless the foster care or adoption application includes a statement that:
(1) foster care or adoptive placement with certain persons is prohibited as provided by this section;
(2) by signing the application, the prospective foster parent or prospective adoptive parent certifies that:
(a) none of the restrictions in subsections (A) or (B):
(i) disqualify the person from serving as a foster parent or adoptive parent; or
(ii) prohibit the agency from placing a child in the person's home;
(b) he or she is eligible and qualified, as provided by law, to provide foster care for a child or to adopt a child;
(c) he or she agrees to report to the child-placing agency any change that would affect his or her qualifications or eligibility to serve as a foster parent or adoptive parent or to use his or her home for the placement of a child for foster care or adoption; and
(d) he or she is ready, willing, and able to assume the duties and responsibilities of a foster parent or adoptive parent.
(D) The child-placing agency shall rely on the certification in item (C)(2)(a) that the restriction in subsection (A)(3) does not apply to the prospective foster parent or prospective adoptive parent unless:
(1) the prospective foster parent or prospective adoptive parent admits to having a sexual relationship with another person residing in the proposed foster home or proposed adoptive home other than the prospective foster parent's or prospective adoptive parent's lawful spouse, or
(2) the child-placing agency receives a report from another person that such a sexual relationship exists and there is evidence to corroborate this report.
(E)(1) During a child's placement in a foster home or a prospective adoptive home, the child-placing agency shall rely on the certification, provided for in subsection (C)(2)(a), that the restriction in subsection (A)(3) does not apply to the foster parent or prospective adoptive parent unless:
(a) the foster parent or prospective adoptive parent admits to having a sexual relationship with another person residing in the home, other than the foster parent's or prospective adoptive parent's lawful spouse; or
(b) the child-placing agency receives a report from another person that such a sexual relationship exists and there is evidence to corroborate this report.
(2) If the child-placing agency receives information pursuant to subsection (E)(1) that a restriction exists in violation of subsection (A)(3), the child-placing agency must assess:
(a) if it is in the child's best interest to continue the placement; and
(b) in the case of a foster home, determine in conjunction with the agency licensing the foster home, whether the foster home license should be revoked.
(F) After an adoption has been finalized, the obligations imposed by this section on the child-placing agency and prospective adoptive parents in relation to the adopted child, shall end."
SECTION 2. This act takes effect upon approval by the Governor.
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