Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 4381
STATUS INFORMATION
General Bill
Sponsors: Reps. Harrison and Mitchell
Document Path: l:\council\bills\nbd\11977ac06.doc
Companion/Similar bill(s): 998
Introduced in the House on January 10, 2006
Currently residing in the House Committee on Judiciary
Summary: Adoption
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/10/2006 House Introduced and read first time HJ-48 1/10/2006 House Referred to Committee on Judiciary HJ-48 3/21/2006 House Member(s) request name added as sponsor: Mitchell
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 THE PROHIBITION AGAINST PLACING A CHILD IN FOSTER CARE WITH A PERSON WHO HAS A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT OR A CONVICTION FOR CERTAIN CRIMINAL OFFENSES, SO AS TO CLARIFY THAT THIS PROHIBITION APPLIES TO CHILDREN IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES, TO APPLY THIS PROHIBITION TO CHILDREN BEING PLACED BY THE DEPARTMENT FOR ADOPTION AND TO CHILDREN ALREADY PLACED IN FOSTER CARE, AND TO ADD THE CRIME OF UNLAWFUL CONDUCT TOWARDS A CHILD AND CRUELTY TO CHILDREN AS PROHIBITED CRIMINAL OFFENSES.
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 263 of 2004, is further amended to read:
"Section 20-7-1642. (A) No A child in the custody of the Department of Social Services may must not be placed for adoption or in foster care or continue to reside in foster care with a person if the person or anyone eighteen years of age or older residing in the home:
(1) with has a substantiated history of child abuse or neglect as evidenced by an entry in the Central Registry of Child Abuse and 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;
(g) a felony drug-related offense under the laws of this State. ;
(h) unlawful conduct towards a child as defined in Section 20-7-50; or
(i) cruelty to children as defined in Section 20-7-70.
(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 in this section.
(C) This section does not prevent placement for adoption, foster care placement, or a child's continued residence in foster care when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in subsection (A) has been pardoned. However, notwithstanding the entry of a pardon, the department or other entity making placement, continued residence, or licensing decisions may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited to provide adoptive placement or foster care services."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Friday, December 4, 2009 at 3:49 P.M.