|
New Laws Affecting Children
July 2, 2010
Click each title for summary of major provisions:
|
CSC by School Officials (S.107, Act 265)
Signed June 24, 2010; Effective June 24, 2010
Adds a new §16-3-755 making it unlawful for a person affiliated with a public or private secondary school in an official capacity to engage in sexual battery with a student age 16 or older. This section applies when aggravated force or coercion are not used. The offense is a felony if the student is 16-17 years old, punishable by incarceration up to 5 years. It is also a felony if the student is 18 or older and the school official has direct supervisory authority over the student. The offense is a misdemeanor if the student is 18 or older and the official is not in a position of direct supervisory authority, punishable by a fine of $500 or 30 days, or both.
Link to S. 107, Act 265
|
Monetary Support for Children (S.170, Act 154)
Signed May 12, 2010; Effective July 22, 2010
Amends §63-17-385 to establish procedures for filing an affidavit that a parent has failed to pay court-ordered monetary support such as medical or educational expenses (excluding periodic child support payments). Requires Court Administration to prepare affidavit form. Requires the family court to issue a rule to show cause upon receipt of a petition accompanied by an authorized affidavit. Authorizes the family court to award attorney’s fees or other litigation costs for making false claims or filing false documents.
Link to S.170, Act 154
|
Reduction of Recidivism (S. 191, Act 151)
Governor’s veto overridden April 28, 2010; Effective April 28, 2010
Amends §63-19-1850(A) to provide that the conditions of a juvenile’s release from the custody of DJJ must require the juvenile to permit the search, with or without either a warrant or cause, of the juvenile parolee’s person, any vehicle the juvenile owns or drives, and any of the juvenile’s possessions by his aftercare counselor, any probation agent accompanied by a law enforcement officer, or any other law enforcement officer. Amends §63-19 1820(A)(1) to require that, prior to conditional release, juveniles agree in writing to be subject to these searches. The bill excludes juveniles convicted of certain misdemeanors. The bill also contains similar provisions for various classes of adult offenders.
Link to S.191, Act 151
|
Dental Health Education (S. 286, Act 235)
Became law without governor’s signature June 9, 2010;
Effective July 1, 2010 (applies to students no later than the 2011-2012 school year)
Adds §44-8-10 et.seq. requiring DHEC to implement a dental health screening program for children in selected grades in three to five counties of need. Screenings are to be mandatory unless the parents sign an exemption form. The program must seek collaboration from school districts, other governmental entities, school nurses, and dentists to coordinate Medicaid assistance and volunteer efforts to reduce costs to the state. Guidelines are to be promulgated in regulations. Implementation of the program is contingent upon the appropriation of adequate funding.
Link to S.286, Act 235
|
Electronic Securing and Targeting of Online Predators Act (E-STOP)
(S. 973, Act 212)
Signed June 7, 2010; Effective June 7, 2010
Amends title 23 by adding 23-3-555 which provides:
Sex offenders required to register must provide information on the offender’s email accounts, including the offender’s Internet identifiers, and must provide written notice of any changes to that information within three business days.
Internet service providers may request from SLED a list of all registered sex offenders or information regarding specific registered sex offenders and SLED must release requested information as specified in the statute.
Internet service providers may use the information obtained from SLED to prescreen persons wanting to register for the provider’s services, identify sex offenders wanting to register for the provider’s services or using its service, prevent sex offenders from using its service, block sex offenders from using its service, remove sex offenders from its service, and advise law enforcement or other agencies of violations of law or threats to public safety.
If an offender is convicted, adjudicated delinquent, pleas guilty or nolo contendere to a sexual offense in which the victim is under 18 or the offender reasonably believes is under 18 and the offender is required to register as a sex offender, the judge is required as a condition of probation or parole to prohibit the offender from using the Internet to access social networking websites, communicate with other persons or groups for the purpose of promoting sexual relations with persons under age 18, and communicate with a person under the age of 18 when the offender is over the age of 18. A judge may permit an offender to use the Internet to communicate with a person under 18 when the offender is the parent or guardian of a child under 18 or the grandparent of a grandchild under 18 and the offender is not otherwise prohibited from communicating with the child or grandchild.
Amends 23-3-450 by expanding the requirements to register to include any county where the offender resides, owns real property, is employed, or attends, volunteers, interns, or carries on a vocation at any public or private school. Registration is required within 3 business days (rather than 5 business days).
Amends 23-3-460 by providing that a person who is a Tier III offender under the Adam Walsh Child Protection and Safety Act of 2006 (Pub. L. 109-248) is required to register every 90 days. Tier III sex offenses are those punishable by more than one year incarceration and included in specified categories of offenses such as offenses involving forcible sex acts, sex acts with children under 12, and non-parental kidnapping.
Amends 23-3-470(B)(1) by increasing the penalty for a first offense of violating the sex offender registration requirements to a fine of not more than $1,000 and imprisonment for not more than 366 days or both.
Link to S.973, Act 212
|
Grandparent Visitation (S. 981, Act 267)
Signed June 24, 2010; Effective July 1, 2010
Amends §63-3-530(A)(33) to provide that the family court may order visitation for a grandparent upon finding that: (1) the child’s parents are unreasonably depriving the grandparent of visitation with the child; (2) the grandparent maintained a parent-child type relationship with the child; (3) the visitation would not interfere with the parent-child relationship; and (4) by clear and convincing evidence that the child’s parents are unfit or that there are compelling circumstances to overcome the presumption that the parental decision is in the child’s best interest. This section applies only if the parents are divorced or living separately, or if one or both parents are deceased.
Link to S. 981, Act 267
|
Education Bill of Rights for Children in Foster Care (S. 1134, Act 214)
Signed June 7, 2010; Effective June 7, 2010
Adds Chapter 38 to Title 59, requiring school districts to ensure seamless transitions between schools and districts for children in foster care. School districts must facilitate immediate enrollment, promptly request or send records, and excuse absences for court appearances or court-ordered activities. School districts shall consider maintaining a child in the same school if in the child’s best interests. Requires that children in foster care be placed in the least restrictive educational environment possible and have access to all academic resources and extracurricular activities available to all students. School districts shall accept for full or partial credit course work completed by a child in foster care and, when a child is moved, must calculate grades and credits as of the date the child leaves school. School districts may permit DSS access to school records, subject to federal law. DSS must provide a copy of the court order to the school district and must ensure that children in foster care have an adult to advocate for their educational best interests.
Link to S.1134, Act 214
|
Permanency Planning, Reasonable Efforts, Adoptions (S.1172, Act 160)
Signed May 12, 2010; Effective May 12, 2010
Amends §63-7-1640 to allow a separate proceeding for the family court to rule on whether reasonable efforts to preserve or reunify a family should be required, upon motion of a named party, the child’s guardian ad litem, or the foster care review board, provided the review board has reviewed the case or the child has previous entry into foster care. Expands the family court’s authority to order DSS to terminate or forego reasonable efforts to include the following: (1) parent has subjected any child while residing in the parent’s domicile, not just the child in case, to specified aggravating circumstances; (2) parent has pled guilty or been convicted of murder or voluntary manslaughter of another child, not just a child of the parent;
(3) parent has pled guilty or been convicted of aiding, abetting, attempting, soliciting, or conspiring to commit murder or voluntary manslaughter of the child or another child while residing in the parent’s domicile; (4) parent has pled guilty or been convicted of certain crimes related to the physical abuse of any child resulting in death or admission to a hospital; (5) parent has a diagnosable condition unlikely to change within a reasonable time, if the condition makes the parent unlikely to provide minimally acceptable care; and (6) the parent’s rights to another child have been terminated. Requires the court to make specific written findings in support of its decision to terminate reasonable efforts or to continue reasonable efforts if one of the specified conditions exists. Prohibits the court from considering the lack of an adoptive resource as a reason to deny the request to terminate or forego reasonable efforts. Requires DSS to file a petition for TPR within 60 days after the court authorizes the department to terminate or forego reasonable efforts, absent compelling reasons that TPR would not be in the child’s best interest.
Amends §63-7-1660 to require that the petition for removal must include a petition for TPR if one of the conditions set forth in the previous section exists, unless there are compelling reasons that TPR would not be in the child’s best interest.
Amends §63-7-1680 to revise and specify the contents of the placement plan. Provides that the first section of the plan shall set forth the changes that must occur prior to the child’s return; changes are to be reasonably related to the reasons for removal. Provides that the second section of the plan include specific actions to be taken by the parents, stipulating that completion of these actions alone may not be sufficient for return of the child. The third section is to set forth rights and obligations of the parents, including support and visitation, and the fourth section will address placement, visitation (including visitation with non-relatives who are important to the child), and services provided to the child and foster parents. The plan is to include several warnings to parents regarding the possibility of TPR, and the court is to include in its order and advise defendants on the record of the possibility of TPR if they do not remedy the conditions that caused removal within 6 months.
Amends §63-7-1700 to stipulate that DSS’ supplemental report for permanency planning hearings include a statement as to whether the court has authorized the agency to forego or terminate reasonable efforts. Eliminates language that allows the court to return children home based on consideration of all evidence and whether the parent has substantially complied with the plan; stipulates that the parent has remedied the conditions that caused the removal. Further specifies requirements under which the court may order an extension of the plan for reunification.
Modifies two of the grounds for termination of parental rights. Amends §63-7-2570(6), parent has a diagnosable condition unlikely to change and the parent is unable or unlikely to provide minimally acceptable care for the child. Also amends 63-7-2570(9) to include physical abuse of any child (not just a child of the parent) resulting in death or hospital admission when the parent has been convicted of certain offenses as a result of the abuse.
Amends §63-9-60 to provide that adoptions by nonresidents must be finalized within the state. Amends §63-9-1110 to allow the court to waive this requirement for adoptions of a spouse’s child or a child to whom one is related by blood or marriage.
Adds §63-9-70 to allow only DSS and child placing agencies or attorneys licensed in the state to advertise that they will place or accept a child for adoption. However, a person with a current favorable pre-placement home investigation may advertise the desire to adopt. Violations of this provision would constitute a misdemeanor offense.
Link to S.1172, Act 160
|
Legal Representation of Children (H. 3779, Act 252)
Signed June 11,2010; Effective June 11, 2010
Requires that, in all child abuse and neglect proceedings, children must be appointed a guardian ad litem. Further requires that guardians ad litem serving on behalf of the S.C. Guardian ad Litem Program or Richland County CASA must be represented by legal counsel. Authorizes the court to appoint legal counsel for the child, and clarifies that counsel for the child may not also represent the parents, agency, or guardian ad litem.
Link to H. 3779, Act 252
|
Reporting Suspected Child Abuse (H. 3800, Act 227)
Became law without governor’s signature June 8, 2010; Effective June 8, 2010
Adds the following to the list of persons required to report suspected child abuse or neglect: School attendance officers, foster parents, juvenile justice workers, and non-attorney volunteer guardians ad litem serving on behalf of the S.C. Guardian ad Litem Program or Richland County CASA. Encourages all other people to report, including attorney volunteer guardians ad litem.
Link to H. 3800, Act 227
|
Training for Family Childcare Operators (S. 348, Act 292)
Signed August 27, 2010; Effective August 27, 2010
Adds
§16-13-825 requiring family childcare operators and caregivers to annually coplete a minimum of two hours of training approved by DSS, and requiring DSS to indicate on its website family childcare homes that are and are not in compliance with this section. Amends §16-3-740 relating to victims exposed to bodily fluids during crimes.
Link to S. 348, Act 202
|
|
|
