A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTIONS 63-7-2630 AND 63-9-765 SO AS TO REQUIRE FAMILY COURTS TO CONSIDER THE APPROPRIATENESS OF NO-CONTACT ORDERS OR SUPERVISED-CONTACT ORDERS WHEN TERMINATING PARENTAL RIGHTS OR FINALIZING ADOPTIONS; TO AUTHORIZE THESE ORDERS; AND FOR OTHER PURPOSES.

 

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

 

SECTION 1.  Article 7, Chapter 7, Title 63 of the S.C. Code is amended by adding:

 

    Section 63-7-2630. (A) For purposes of this section:

       (1) "Contact" means any in-person contact, telephone call, text message, electronic communication, including social media, mail, third-party communication, or attempt to effectuate communication directed to the child or any caregiver of the child.

       (2) "No-contact order" means a court order prohibiting all contact as that term is defined in this section.

       (3) "Supervised-contact order" means a court order permitting contact only in the presence of, and under the supervision of, a court-approved individual and subject to any conditions the court may impose.

    (B) When the court enters an order terminating parental rights pursuant to this article, the court shall:

       (1) consider whether a no-contact order or supervised-contact order between the child and any biological parent or relative is necessary to protect the child's safety, welfare, or attachment to the adoptive family or other caregiver; and

       (2) if the court determines that a no-contact order or supervised-contact order is not necessary, make written findings on the record stating the factual basis for that determination.

    (C) In making a determination pursuant to subsection (B), the court shall consider, where relevant:

       (1) any history of violence, stalking, harassment, threats, or unlawful interference by the biological parent or relative;

       (2) credible allegations of abuse or neglect or attempts to abduct or remove the child or a sibling from lawful custody;

       (3) the child's age, maturity, and expressed preference, if of sufficient age to form an intelligent preference;

       (4) the nature and quality of any existing relationship between the child and the biological parent or relative;

       (5) the effect of contact on the child's safety, stability, and attachment to the adoptive family or other caregiver; and

       (6) any proposed plan for supervised contact and whether it adequately mitigates identified risks.

    (D)(1) The court may include a no-contact order or supervised-contact order in the final termination of parental rights order when necessary to protect the child.

       (2) A violation of a no-contact order entered pursuant to this section may be enforced by civil contempt and may be referred to law enforcement for criminal investigation as appropriate.

    (E) Nothing in this section prevents the limited disclosure of non-contact information necessary for medical care, education, or law enforcement purposes, provided disclosure does not enable direct or indirect contact in violation of this section.

    (F) A no-contact order or supervised-contact order entered pursuant to this section remains in effect until the child reaches eighteen years of age, unless modified or terminated earlier by the court.

    (G) A no-contact order or supervised-contact order entered pursuant to this section restrains the biological parent or relative and does not prohibit the child from initiating contact. The child is not subject to enforcement or penalty for initiating contact.

    (H) Upon motion of any party or the child, if of sufficient age and maturity, the court may modify or terminate a no-contact order or supervised-contact order upon a showing that modification is in the child's best interests.

    (I) Nothing in this section limits the authority of an adoptive parent or other caregiver not to consent to contact where a no-contact order or supervised-contact order has been modified or terminated by the court.

 

SECTION 2.  Subarticle 7, Article 1, Chapter 9, Title 63 of the S.C. Code is amended by adding:

 

    Section 63-9-765.  (A) For purposes of this section:

       (1) "Contact" means any in-person contact, telephone call, text message, electronic communication, including social media, mail, third-party communication, or attempt to effectuate communication directed to the child or any caregiver of the child.

       (2) "No-contact order" means a court order prohibiting all contact as that term is defined in this section.

       (3) "Supervised-contact order" means a court order permitting contact only in the presence of, and under the supervision of, a court-approved individual and subject to any conditions the court may impose.

    (B) When the court enters a final decree of adoption pursuant to this article, the court shall:

       (1) consider whether a no-contact order or supervised-contact order between the child and any biological parent or relative is necessary to protect the child's safety, welfare, or attachment to the adoptive family; and

       (2) if the court determines that a no-contact order or supervised-contact order is not necessary, make written findings on the record stating the factual basis for that determination.

    (C) In making a determination pursuant to subsection (B), the court shall consider, where relevant:

       (1) any history of violence, stalking, harassment, threats, or unlawful interference by the biological parent or relative;

       (2) credible allegations of abuse or neglect or attempts to abduct or remove the child or a sibling from lawful custody;

       (3) the child's age, maturity, and expressed preference, if of sufficient age to form an intelligent preference;

       (4) the nature and quality of any existing relationship between the child and the biological parent or relative;

       (5) the effect of contact on the child's safety, stability, and attachment to the adoptive family; and

       (6) any proposed plan for supervised contact and whether it adequately mitigates identified risks.

    (D)(1) The court may include a no-contact order or supervised-contact order in the final decree of adoption when necessary to protect the child.

       (2) A violation of a no-contact order entered pursuant to this section may be enforced by civil contempt and may be referred to law enforcement for criminal investigation as appropriate.

    (E) Nothing in this section prevents the limited disclosure of non-contact information necessary for medical care, education, or law enforcement purposes, provided disclosure does not enable direct or indirect contact in violation of this section.

    (F) A no-contact order or supervised-contact order entered pursuant to this section remains in effect until the child reaches eighteen years of age, unless modified or terminated earlier by the court in violation of this section.

    (G) A no-contact order or supervised-contact order entered pursuant to this section restrains the biological parent or relative and does not prohibit the child from initiating contact. The child is not subject to enforcement or penalty for initiating contact.

    (H) Upon motion of any party or the child, if of sufficient age and maturity, the court may modify or terminate a no-contact order or supervised-contact order upon a showing that modification is in the child's best interests.

    (I) Nothing in this section limits the authority of an adoptive parent not to consent to contact where a no-contact order or supervised-contact order has been modified or terminated by the court.

 

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

 

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