South Carolina General Assembly
123rd Session, 2019-2020

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H. 3915

STATUS INFORMATION

General Bill
Sponsors: Reps. Kimmons, Davis, Mace, Murphy, Rutherford, Trantham, Rose, Caskey, Felder, Matthews, Ott, Weeks, Erickson, Henegan, Norrell, Gilliard, S. Williams and Bannister
Document Path: l:\council\bills\cc\15509vr19.docx

Introduced in the House on February 6, 2019
Introduced in the Senate on May 2, 2019
Last Amended on May 1, 2019
Currently residing in the Senate Committee on Judiciary

Summary: Child welfare system

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/6/2019  House   Introduced and read first time (House Journal-page 70)
    2/6/2019  House   Referred to Committee on Judiciary 
                        (House Journal-page 70)
   3/20/2019  House   Member(s) request name added as sponsor: Rose
   3/21/2019  House   Member(s) request name added as sponsor: Caskey
   3/26/2019  House   Member(s) request name added as sponsor: Felder
   3/27/2019  House   Committee report: Favorable with amendment Judiciary 
                        (House Journal-page 70)
   3/28/2019  House   Member(s) request name added as sponsor: Simmons
    4/2/2019  House   Member(s) request name added as sponsor: Ott, Weeks
    4/9/2019  House   Member(s) request name added as sponsor: Erickson, 
                        Henegan, Norrell
    4/9/2019  House   Requests for debate-Rep(s).  King, Brawley, Cobb-Hunter, 
                        Henderson-Myers, Parks, Wheeler, Long, Ott, Gilliard, 
                        Dilliard, R. Williams (House Journal-page 49)
    4/9/2019  House   Requests for debate-Rep(s).  S. Williams, Pendarvis, 
                        Moore, Simmons, Jefferson (House Journal-page 142)
    4/9/2019  House   Requests for debate removed-Rep(s).  Dilliard, Wheeler, 
                        Ott, R. Williams,Parks, Henderson-Myers 
                        (House Journal-page 177)
    4/9/2019  House   Requests for debate removed-Rep(s).  Gilliard, Long 
                        (House Journal-page 161)
   4/30/2019  House   Requests for debate removed-Rep(s).  Pendarvis, 
                        Cobb-Hunter, Brawley, King, Jefferson, S. Williams, 
                        Moore, Simmons (House Journal-page 31)
    5/1/2019  House   Member(s) request name added as sponsor: Gilliard, 
                        S.Williams, Bannister
    5/1/2019  House   Amended (House Journal-page 12)
    5/1/2019  House   Read second time (House Journal-page 12)
    5/1/2019  House   Roll call Yeas-88  Nays-7 (House Journal-page 13)
    5/2/2019  House   Read third time and sent to Senate 
                        (House Journal-page 24)
    5/2/2019  Senate  Introduced and read first time (Senate Journal-page 10)
    5/2/2019  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 10)

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/6/2019
3/27/2019
5/1/2019

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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Indicates New Matter

AMENDED

May 1, 2019

H. 3915

Introduced by Reps. Kimmons, Davis, Mace, Murphy, Rutherford, Trantham, Rose, Caskey, Felder, Simmons, Ott, Weeks, Erickson, Henegan, Norrell, Gilliard, S. Williams and Bannister

S. Printed 5/1/19--H.

Read the first time February 6, 2019.

            

A BILL

TO AMEND SECTIONS 63-7-10 AND 63-7-1620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRINCIPLES OF THE STATE'S CHILD WELFARE SYSTEM AND LEGAL REPRESENTATION OF THE DEPARTMENT OF SOCIAL SERVICES IN CHILD ABUSE AND NEGLECT PROCEEDINGS, RESPECTIVELY, SO AS TO CLARIFY THAT LEGAL REPRESENTATIVES OF THE DEPARTMENT MUST ENSURE THAT CHILD WELFARE AND SAFETY ARE THE SOLE BASIS OF DEPARTMENT RECOMMENDATIONS AND DECISIONS IN SUCH PROCEEDINGS AND THAT THE LEGAL REPRESENTATIVES HAVE THE SOLE DISCRETION ON BEHALF OF THE DEPARTMENT OVER ANY DECISIONS PERTAINING TO SUCH PROCEEDINGS.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 63-7-10(A) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( )    The Department of Social Services legal representatives must ensure that the child's welfare and safety are the predominant basis of all department recommendations and decisions pertaining to abuse and neglect proceedings."

SECTION    2.    Section 63-7-1620(4) of the 1976 Code is amended to read:

"(4)    The interests of the State and the Department of Social Services must be represented by the legal representatives of the Department of Social Services in any judicial proceeding, who shall ensure that the child's welfare and safety are the predominant basis of any department recommendations and decisions and who shall have sole discretion on behalf of the department whether to file a child abuse or neglect petition in the family court. The attorney acting as the legal representative in a particular proceeding shall have sole discretion on behalf of the department over any decisions regarding the pursuit, settlement, or appeal of a pending action."

SECTION    3.    This act takes effect upon approval by the Governor.

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This web page was last updated on March 9, 2020 at 4:15 PM