A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-7-710, RELATING TO PROBABLE CAUSE HEARINGS, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO BEGIN FACILITATING VISITATION BETWEEN THE PARENT AND THE CHILD FOLLOWING THE PROBABLE CAUSE HEARING IF THE CHILD IS PLACED OUTSIDE OF THE HOME AT THE PROBABLE CAUSE HEARING, WITH EXCEPTIONS; AND BY AMENDING SECTION 63-7-1680, RELATING TO PLACEMENT PLANS, SO AS TO ADDRESS THE APPROPRIATENESS OF SUPERVISED OR MONITORED VISITATION AFTER A CERTAIN TIME.

 

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

 

SECTION 1.  Section 63-7-710 of the S.C. Code is amended to read:

 

    Section 63-7-710.  (A) The family court shall schedule a probable cause hearing to be held within seventy-two hours of the time the child was taken into emergency protective custody. If the third day falls upon a Saturday, Sunday, or holiday, the probable cause hearing must be held no later than the next working day. If there is no term of court in the county when the probable cause hearing must be held, the hearing must be held in another county in the circuit. If there is no term of family court in another county in the circuit, the probable cause hearing may be heard in another court in an adjoining circuit.

    (B) The probable cause hearing may be conducted by video conference at the discretion of the judge.

    (C) At the probable cause hearing, the family court shall undertake to fulfill the requirements of Section 63-7-1620 and shall determine whether there was probable cause for taking emergency protective custody and for the department to assume legal custody of the child and shall determine whether probable cause to retain legal custody of the child remains at the time of the hearing.

    (D) At the probable cause hearing, the respondents may submit affidavits as to facts which are alleged to form the basis of the removal and to cross-examine the department's witnesses as to whether there existed probable cause to effect emergency removal.

    (E)(1) At the probable cause hearing, if the child is placed out of the home of a parent, guardian, or legal custodian, the court shall order the department to facilitate regular visitation with the parent, guardian or legal custodian, and siblings, as early, consistent, and frequent visitation is crucial for maintaining parent-child relationships and enabling family reunification. The court shall order a visitation plan individualized to the needs of the family with a goal of providing the maximum parent, child, and sibling contact possible.

       (2) Visitation required pursuant to this subsection may not be limited as a sanction for a parent's failure to comply with recommended services.

       (3) Visitation required pursuant to this subsection may be limited only when necessary to ensure the health, safety, or welfare of the child.

       (4) The first visit of a visitation plan ordered by the court pursuant to this subsection must take place within seventy-two hours of the probable cause hearing, unless the court makes a finding, in writing, that extraordinary circumstances require delay, identifying the extraordinary circumstances.

       (5) If the first visit of a visitation plan ordered by the court pursuant to this subsection is to occur in person, the visitation must be supervised unless the department determines that supervision is not necessary.

       (6) When a parent, guardian, legal custodian, or sibling has been identified as a suspect in an active criminal investigation for a violent crime that, if the allegations are true, would impact the safety of the child, the department may petition the court to forego ordering a visitation plan at the probable cause hearing until the department is satisfied that a visitation plan can be created to protect the health, safety, and welfare of the child.

    (E)(F) The hearing on the merits to determine whether removal of custody is needed, pursuant to Section 63-7-1660, must be held within thirty-five days of the date of receipt of the removal petition. At the probable cause hearing, the court shall set the time and date for the hearing on the merits. A party may request a continuance that would result in the hearing being held more than thirty-five days after the petition was filed, and the court may grant the request for continuance only if exceptional circumstances exist. If a continuance is granted, the hearing on the merits must be completed within sixty-five days following receipt of the removal petition. The court may continue the hearing on the merits beyond sixty-five days without returning the child to the home only if the court issues a written order with findings of fact supporting a determination that the following conditions are satisfied, regardless of whether the parties have agreed to a continuance:

       (1) the court finds that the child should remain in the custody of the department because there is probable cause to believe that returning the child to the home would seriously endanger the child's physical safety or emotional well-being;

       (2) the court schedules the case for trial on a date and time certain which is not more than thirty days after the date the hearing was scheduled to be held; and

       (3) the court finds that exceptional circumstances support the continuance or the parties and the guardian ad litem agree to a continuance.

    (F)(G) The court may continue the case past the date and time certain set forth in subsection (E)(F) only if the court issues a new order as required in subsection (E)(F).

    (G)(H) The court may continue the case because a witness is unavailable only if the court enters a finding of fact that the court cannot decide the case without the testimony of the witness. The court shall consider and rule on whether the hearing can begin and then recess to have the witness' testimony taken at a later date or by deposition. The court shall rule on whether the party offering the witness has exercised due diligence to secure the presence of the witness or to preserve the witness' testimony.

    (H)(I) This section does not prevent the court from conducting a pendente lite hearing on motion of any party and issuing an order granting other appropriate relief pending a hearing on the merits.

    (I)(J) If the child is returned to the home pending the merits hearing, the court may impose such terms and conditions as it determines appropriate to protect the child from harm, including measures to protect the child as a witness.

    (J)(K) When a continuance is granted pursuant to this section, the family court shall ensure that the hearing is rescheduled within the time limits provided in this section and give the hearing priority over other matters pending before the court except a probable cause hearing held pursuant to this section, a detention hearing held pursuant to Section 63-19-830, or a hearing held pursuant to Section 63-19-1030 or 63-19-1210 concerning a child who is in state custody pursuant to Chapter 19. An exception also may be made for child custody hearings if the court, in its discretion, makes a written finding stating compelling reasons, relating to the welfare of the child, for giving priority to the custody hearing.

 

SECTION 2.  Section 63-7-1680(D) and (G) of the S.C. Code is amended to read:

 

    (D)(1) The third section of the plan shall set forth rights and obligations of the parents or guardian while the child is in custody including, but not limited to:

       (1)(a) the responsibility of the parents or guardian for financial support of the child during the placement; and

       (2)(b) the visitation rights and obligations of the parents or guardian during the placement.

        (2) The department may move before the family court for termination or suspension of visits between the parent or guardian and the child. The family court may order termination or suspension of the visits if ongoing contact between the parent or guardian and the child would be contrary to the best interests of the child. This section of the plan must include a notice to the parents or guardian that failure to support or visit the child as provided in the plan may result in termination of parental rights.

        (3) If the court previously ordered that visitation between a parent, guardian, or legal custodian and the child be supervised or monitored, there is a presumption that continued supervision or monitoring will not be necessary after ninety days of supervised or monitored visitation. To rebut this presumption, the department must provide a report to the court with evidence establishing that unsupervised or unmonitored visitation would pose a risk to the child's health, safety, or welfare, and the court shall make a determination as to whether supervised or monitored visitation must continue.

 

    (G)(1) The court shall include in its order and shall advise defendants on the record that failure to remedy the conditions that caused the removal within six months, may result in termination of parental rights, subject to notice and a hearing as provided in Article 7. Before the court orders return of the child, the court must find that the changes in the home and family situation specified in section one of the plan have occurred and that the child can be safely returned to the home. Completion of the tasks specified in section two of the plan is not in itself sufficient basis for return of the child.

       (2) The court shall include in its order and shall advise the department that the failure to facilitate court-ordered visitation may result in a finding that the department failed to make reasonable efforts. The lack of sufficient visitation providers will not excuse the failure to facilitate court-ordered visitation.

 

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

 

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