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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senator Leventis
Document Path: l:\council\bills\nbd\11158ac05.doc
Companion/Similar bill(s): 227, 3222
Introduced in the Senate on January 19, 2005
Currently residing in the Senate Committee on Judiciary
Summary: Termination of parental rights if child is conceived as result criminal sexual conduct
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/19/2005 Senate Introduced and read first time SJ-13 1/19/2005 Senate Referred to Committee on Judiciary SJ-13 2/4/2005 Senate Referred to Subcommittee: Ritchie (ch), Rankin, Lourie, Scott
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED IF THE CHILD WHO IS THE SUBJECT OF THE ADOPTION PROCEEDING WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT IT IS A GROUND FOR TERMINATION OF PARENTAL RIGHTS IF THE CHILD WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-1695(A) of the 1976 Code, as last amended by Act 653 of 1988, is further amended to read:
"(A) Notwithstanding the provisions of Section 20-7-1690, consent or relinquishment for the purpose of adoption is not required of the following persons:
(1) a parent whose rights with reference to the adoptee have been terminated pursuant to Subarticle 3, Article 11, Chapter 7 of Title 20;
(2) a parent whom the family court finds to be mentally incapable of giving consent or relinquishment for the purpose of adoption and whom the court finds to be unlikely to provide minimally acceptable care of the adoptee and whose capacity is unlikely to be restored for a reasonable period of time, and, in the court's judgment, it would be detrimental to the adoptee to delay adoption. The court shall appoint a guardian ad litem for an incompetent parent for whom there has been no prior appointment and shall appoint independent counsel for an incompetent parent who is indigent. However, upon good cause shown, the court may waive the requirement for the appointment of independent counsel for an incompetent and indigent parent
(3) the biological father of a child conceived as a result of criminal sexual conduct or incest."
SECTION 2. Section 20-7-1572 of the 1976 Code, as last amended by Act 181 of 2004, is further amended by adding an appropriately numbered item to read:
"( ) The child was conceived as a result of criminal sexual conduct is grounds for terminating the rights of the biological father."
SECTION 3. This act takes effect upon approval by the Governor.
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