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TO AMEND SECTION 20-7-1642, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF PLACING CHILDREN FOR FOSTER CARE WITH CERTAIN PERSONS, SO AS TO PROVIDE THAT A CHILD MAY NOT BE PLACED IN FOSTER CARE WITH A PERSON WHO IS ENGAGED IN A SEXUAL RELATIONSHIP WITH ANOTHER PERSON RESIDING IN THE PROPOSED FOSTER HOME OTHER THAN THEIR LAWFUL SPOUSE, AND TO PROVIDE FOR COUNSELING AND CERTIFICATION RELATING TO COMPLIANCE WITH THIS SECTION; AND TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY ADOPT A CHILD, SO AS TO PROVIDE THAT A CHILD MAY NOT BE PLACED FOR ADOPTION WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, WHO HAS BEEN CONVICTED OF CERTAIN OFFENSES, OR WHO IS ENGAGED IN A SEXUAL RELATIONSHIP WITH ANOTHER PERSON RESIDING IN THE PROPOSED ADOPTIVE HOME OTHER THAN THEIR LAWFUL SPOUSE.
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 not be placed in foster care with a person:
(1) with 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) who is engaged in a sexual relationship with another person residing in the proposed foster home other than their lawful spouse.
(B) A person who has been convicted of a criminal offense similar in nature to a crime enumerated as provided 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 placing agency may not place a child in foster care with a prospective foster parent until:
(1) the agency has explained the prohibitions of this section to the prospective foster parent and counseled the prospective foster parent to the effect that foster care placement with certain persons is prohibited by law;
(2) the prospective foster parent has certified to the agency in an affidavit made under oath before a person authorized to administer an oath, and subject to the penalties of perjury, that:
(a) the restrictions of this section do not disqualify the prospective foster parent from serving as a foster parent or prohibit the agency from placing a child with him or in his home for foster care;
(b) the prospective foster parent is eligible and qualified as provided by law to provide foster care for a child; and
(c) the prospective foster parent is ready, willing, and able to assume the duties and responsibilities of a foster parent."
SECTION 2. Section 20-7-1670 of the 1976 Code, as last amended by Act 391 of 1998, is further amended by adding:
"(C) A child may not be placed for adoption with a person:
(1) with a substantiated history of child abuse or neglect;
(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) with a person who is engaged in a sexual relationship with another person residing in the proposed foster home other than their lawful spouse.
(D) A person who has been convicted of a criminal offense similar in nature to a crime as provided in subsection (C) when the crime was committed in another jurisdiction or under federal law is subject to the restrictions provided in this section."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 9:42 A.M.