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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Putnam, Clyburn, Collins, Clary, Erickson, Long, Ryhal, Herbkersman, Newton, Tinkler, Jordan, Hicks, McCoy, M.S. McLeod, Douglas, Henegan, Allison, G.M. Smith, Funderburk, Finlay and Pitts
Document Path: l:\council\bills\bh\26374vr16.docx
Introduced in the House on January 12, 2016
Introduced in the Senate on April 20, 2016
Last Amended on May 24, 2016
Currently residing in conference committee
Summary: Notice of child abuse and neglect hearings
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/3/2015 House Prefiled 12/3/2015 House Referred to Committee on Judiciary 1/12/2016 House Introduced and read first time (House Journal-page 81) 1/12/2016 House Referred to Committee on Judiciary (House Journal-page 81) 3/2/2016 House Member(s) request name added as sponsor: Collins, Clary, Erickson, Long, Ryhal, Herbkersman, Newton, Tinkler, Jordan, Hicks, McCoy, M.S.McLeod, Douglas, Henegan, Allison, G.M.Smith, Funderburk 3/3/2016 House Member(s) request name added as sponsor: Finlay 4/13/2016 House Committee report: Favorable with amendment Judiciary (House Journal-page 80) 4/19/2016 House Member(s) request name added as sponsor: Pitts 4/19/2016 House Amended (House Journal-page 29) 4/19/2016 House Read second time (House Journal-page 29) 4/19/2016 House Roll call Yeas-102 Nays-0 (House Journal-page 31) 4/20/2016 House Adopted, sent to Senate (House Journal-page 227) 4/20/2016 Senate Introduced and read first time (Senate Journal-page 4) 4/20/2016 Senate Referred to Committee on Judiciary (Senate Journal-page 4) 4/20/2016 Senate Referred to Subcommittee: Young (ch), McElveen, Shealy 5/11/2016 Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 16) 5/12/2016 Scrivener's error corrected 5/24/2016 Senate Committee Amendment Amended and Adopted (Senate Journal-page 30) 5/24/2016 Senate Amended (Senate Journal-page 30) 5/24/2016 Senate Read second time (Senate Journal-page 30) 5/24/2016 Senate Roll call Ayes-42 Nays-0 (Senate Journal-page 30) 5/25/2016 Senate Read third time and returned to House with amendments (Senate Journal-page 11) 5/25/2016 Scrivener's error corrected 5/26/2016 House Non-concurrence in Senate amendment (House Journal-page 72) 5/26/2016 House Roll call Yeas-0 Nays-89 (House Journal-page 72) 6/1/2016 Senate Senate insists upon amendment and conference committee appointed Shealy, Young, McElveen (Senate Journal-page 10) 6/1/2016 House Conference committee appointed Putnam, McCoy, Norrell (House Journal-page 10) 6/15/2016 House Conference report adopted (House Journal-page 29) 6/15/2016 House Roll call Yeas-101 Nays-0 (House Journal-page 32)
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VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED AND AMENDED
May 24, 2016
Introduced by Reps. Putnam, Clyburn, Collins, Clary, Erickson, Long, Ryhal, Herbkersman, Newton, Tinkler, Jordan, Hicks, McCoy, M.S. McLeod, Douglas, Henegan, Allison, G.M. Smith, Funderburk, Finlay and Pitts
S. Printed 5/24/16--S. [SEC 5/25/16 3:24 PM]
Read the first time April 20, 2016.
TO AMEND SECTION 63-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF CHILD ABUSE AND NEGLECT HEARINGS, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE TEN DAYS NOTICE OF A HEARING TO, AMONG OTHERS, FOSTER PARENTS AND TO REQUIRE THE NOTICE TO INFORM FOSTER PARENTS OF THE RIGHT TO SUBMIT A REPORT TO THE COURT; TO AMEND SECTION 63-7-1700, AS AMENDED, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE DEPARTMENT TO PROVIDE NOTICE OF A PERMANENCY PLANNING HEARING TO FOSTER PARENTS AND OTHER PERSONS PROVIDING CARE FOR A CHILD; AND TO AMEND SECTION 63-11-720, RELATING TO FUNCTIONS OF THE FOSTER CARE REVIEW BOARD, SO AS TO REQUIRE THE FOSTER CARE REVIEW BOARD TO ADVISE FOSTER PARENTS ABOUT THE RIGHT TO SUBMIT A REPORT TO AND BE HEARD BY THE COURT AT A HEARING CONCERNING THE CHILD.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 63-7-1630 of the 1976 Code is amended to read:
"Section 63-7-1630. The department shall provide notice of a hearing held in connection with an action filed
or pursued under pursuant to subarticle 3, Article 3, Chapter 7, Title 63 or Section 63-7-1650, 63-7-1660, 63-7-1670, 63-7-1680, 63-7-1700, or 63-7-2550 to the foster parent, the preadoptive parent, or the relative who is providing care for a child. The department shall send notice pursuant to this section at least ten days prior to the hearing, except where the parties to the action receive less than ten days' notice. The notice must be in writing and may be delivered in person or by regular mail. The notice shall inform the foster parent, preadoptive parent, or relative of the following:
(1) the date, place, and time of the hearing
(2) the right to attend the hearing; and
(3) the right to address the court
and concerning the child.
Notice provided pursuant to this section does not confer on the foster parent, preadoptive parent, or relative the status of a party to the action."
SECTION 2. Section 63-7-1700(A) of the 1976 Code, as last amended by Act 160 of 2010, is further amended to read:
"(A) The family court shall review the status of a child placed in foster care upon motion filed by the department to determine a permanent plan for the child. The permanency planning hearing must be held no later than one year after the date the child was first placed in foster care. At the initial permanency planning hearing, the court shall review the status of the child and the progress being made toward the child's return home or toward any other permanent plan approved at the removal hearing. The court's order shall make specific findings in accordance with this section. An action for permanency planning must be brought for a child who enters the custody of the department by any mechanism, including subarticle 3 or Section 63-7-1660 or 63-9-330. If the child enters the custody of the department pursuant to Section 63-9-330 and no action is pending in the family court concerning the child, the department may initiate the permanency planning hearing with a summons and petition for review. All parties must be served with the motion or the summons and petition at least ten days before the hearing, and no responsive pleading is required. The foster parent, the preadoptive parent, or the relative who is providing care for the child must receive the motion or the summons and petition, delivered in person or sent by regular mail, at least ten days before the hearing, except where the parties to the action receive less than ten days' notice of the hearing."
SECTION 3. Section 63-11-720(A)(6)-(7) of the 1976 Code is amended to read:
"(6) to advise foster parents of the right to address the court at a hearing concerning the child;
(7) to recommend that a child caring facility or agency exert all possible efforts to make arrangements for permanent foster care or guardianship for children for whom return to natural parents or adoption is not feasible or possible as determined during a case review by the local review board; and
(7)(8) to report to the state office of the Department of Social Services and other adoptive or foster care agencies any deficiencies in these agencies' efforts to secure permanent homes for children discovered in the local board's review of these cases as provided for in items (1) and (2) of this section."
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on June 21, 2016 at 10:21 AM