Introduced by Rep. Harrison

INTRODUCED

February 26, 2008

H.4747

Introduced by Rep. Harrison

S. Printed 2/26/08--H.

Read the first time February 26, 2008.

[4747-1]

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 63 ENTITLED “SOUTH CAROLINA CHILDREN’S CODE” SO AS TO TRANSFER PROVISIONS FROM CHAPTER 7, TITLE 20 TO TITLE 63, TO INCLUDE THE STATE POLICY ON CHILDREN, FAMILY COURT AND FAMILY COURT JUDGES, LEGAL STATUS OF CHILDREN, CHILD PROTECTION AND PERMANENCY, ADOPTIONS, CHILDREN’S SERVICE AGENCIES, CHILDCARE FACILITIES, CUSTODY AND VISITATION, PATERNITY AND CHILD SUPPORT, AND JUVENILE JUSTICE; TO ADD ARTICLE 5 TO CHAPTER 3, TITLE 20, RELATING TO DIVORCE, SO AS TO TRANSFER THE PROVISIONS OF ARTICLE 6, CHAPTER 7, TITLE 20, RELATING TO EQUITABLE APPORTIONMENT OF PROPERTY, TO THIS ARTICLE; TO ADD ARTICLE 5 TO CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID TO CHILDREN, SO AS TO TRANSFER THE PROVISIONS OF SUBARTICLE 7, ARTICLE 13, CHAPTER 7, TITLE 20, RELATING TO PUBLIC AID, TO THIS ARTICLE; TO ADD SECTION 4453378 SO AS TO TRANSFER THE PROVISIONS OF SECTION 207105, WHICH CREATES A CRIMINAL OFFENSE FOR EXPOSING A CHILD TO METHAMPHETAMINES, TO THIS SECTION; AND TO REPEAL CHAPTER 7, TITLE 20, RELATING TO THE CHILDREN’S CODE; TO REPEAL SECTION 435585, RELATING TO REPORTING CHILD SUPPORT ARREARAGES TO CREDIT REPORTING AGENCIES, WHICH WAS TRANSFERRED TO ARTICLE 21, CHAPTER 17, TITLE 63; AND TO REPEAL SECTIONS 435595, 435596, AND 435597, RELATING TO CHILD SUPPORT ENFORCEMENT THROUGH FINANCIAL INSTITUTION DATA MATCHES, WHICH WERE TRANSFERRED TO ARTICLE 17, CHAPTER 17, TITLE 63.

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

SECTION1.The South Carolina Children’s Code was created in Chapter 7, Title 20 of the Code of Laws of South Carolina, 1976, by Act 71 of 1981, a pioneering effort at the time and a significant recognition of the importance of children and children’s issues in South Carolina. Over the past twentysix years this has been an active and evolving area of law with hundred of amendments and additions to the Children’s Code.

Consequently, the Children’s Code has outgrown its original location as one chapter in Title 20. That growth has resulted in a densely numbered chapter containing an extensive body of law, the placement and organization of which necessarily has, in many instances, been dictated solely by the availability of code section numbers.

Accordingly, the current Children’s Code has become cumbersome and often difficult to use.

Therefore, the General Assembly has determined that transferring the Children’s Code to its own new title in the Code of Laws is necessary and ultimately will be a more accessible, practical resource for those working in the area of children’s law.

The transfer and reorganization of the code provisions in this act are technical for the purposes stated in this section and are not intended to be substantive.

SECTION2.The 1976 Code is amended by adding:

“TITLE 63

South Carolina Children’s Code

CHAPTER 1

State Policy

and

General Provisions

Section 63110.This title may be cited as the “South Carolina Children’s Code”.

Section 63120.(A)A children’s policy is hereby established for this State.

(B)This policy shall be interpreted in conjunction with all relevant laws and regulations and shall apply to all children who have need of services including, but not limited to, those mentally, socially, emotionally, physically, developmentally, culturally, educationally or economically disadvantaged or handicapped, those dependent, neglected, abused or exploited and those who by their circumstance or action violate the laws of this State and are found to be in need of treatment or rehabilitation.

(C)It shall be the policy of this State to concentrate on the prevention of children’s problems as the most important strategy which can be planned and implemented on behalf of children and their families. The State shall encourage community involvement in the provision of children’s services including, as an integral part, local government, public and private voluntary groups, public and private nonprofit groups and privateforprofit groups in order to encourage and provide innovative strategies for children’s services. To maximize resources in providing services to children in need, all agencies providing services to children shall develop methods to coordinate their services and resources. For children with multiple needs, the furtherance of this policy requires all children’s services agencies to recognize that their jurisdiction in meeting these children’s needs is not mutually exclusive.

(D)When children or their families request help, state and local government resources shall be utilized to compliment community efforts to help meet the needs of children by aiding in the prevention and resolution of their problems. The State shall direct its efforts first to strengthen and encourage family life as the most appropriate environment for the care and nurturing of children. To this end, the State shall assist and encourage families to utilize all available resources. For children in need of services, care and guidance the State shall secure those services as are needed to serve the emotional, mental and physical welfare of children and the best interests of the community, preferably in their homes or the least restrictive environment possible. When children must be placed in care away from their homes, the State shall insure that they are protected against any harmful effects resulting from the temporary or permanent inability of parents to provide care and protection for their children. It is the policy of this State to reunite the child with his family in a timely manner, whether or not the child has been placed in the care of the State voluntarily. When children must be permanently removed from their homes, they shall be placed in adoptive homes so that they may become members of a family by legal adoption or, absent that possibility, other permanent settings.

(E)The children’s policy provided for in this chapter shall be implemented through the cooperative efforts of state, county and municipal legislative, judicial and executive branches, as well as other public and private resources. Where resources are limited, services shall be targeted to those children in greatest need.

(F)In order to carry out this policy each agency, department, institution, committee, and commission which is concerned or responsible for children shall submit as a part of its annual budget request a listing of programs and services for children, the priority order of these programs and services in relation to other services, if any, that are provided by the agency, department, institution, committee, or commission, and a summary of the expenses incurred for the administration of its children’s services and programs. In addition, each agency, department, institution, committee, and commission which must submit pursuant to law an annual report to the General Assembly shall include as part of the report a comprehensive statement of how its children’s services and programs contributed to the implementation of this policy. Copies of all these budget requests and annual reports must be provided to the Office of the Governor by the agency, department, institution, committee, or commission.

Section 63130.This title shall be liberally construed to the end that families whose unity or wellbeing is threatened shall be assisted and protected, and restored if possible as secure units of lawabiding members; and that each child coming within the jurisdiction of the court shall receive, preferably in his own home, the care, guidance and control that will conduce to his welfare and the best interests of the State, and that when he is removed from the control of his parents the court shall secure for him care as nearly as possible equivalent to that which they should have given him.

Section 63140.When used in this title and unless otherwise defined or the specific context indicates otherwise:

(1)‘Child’ means a person under the age of eighteen.

(2)‘Court’ means the family court.

(3)‘Guardian’ means a person who legally has the care and management of a child.

(4)‘Judge’ means the judge of the family court.

(5)‘Parent’ means biological parent, adoptive parents, stepparent, or person with legal custody.

(6)‘Status offense’ means any offense which would not be a misdemeanor or felony if committed by an adult, such as, but not limited to, incorrigibility (beyond the control of parents), truancy, running away, playing or loitering in a billiard room, playing a pinball machine or gaining admission to a theater by false identification.

(7)‘Child caring facility’ means a campus with one or more staffed residences and with a total population of twenty or more children who are in care apart from their parents, relatives, or guardians on a continuing fulltime basis for protection and guidance.

(8)‘Foster home’ means a household of one or more persons who are licensed or approved to provide fulltime care for one to five children living apart from their parents or guardians.

(9)‘Residential group care home’ means a staffed residence with a population fewer than twenty children who are in care apart from their parents, relatives, or guardians on a fulltime basis.

CHAPTER 3

Family Court

Article 1

Family Court and

Family Court Judges

Section 63310.There hereby are created courts of limited jurisdiction to be known and designated in this title as ‘family courts.’ The number and boundaries of such family courts shall be the same as the judicial circuits. Each court shall bear the name of ‘The Family Court of ______Judicial Circuit.’

Section 63320.(A)Each family court shall have one or more family court judges who shall devote full time to their duties as judges, shall be prohibited from engaging directly or indirectly in the practice of law except in the performance of their judicial duties and shall be bound by the Code of Judicial Conduct.

(B)One family court judge in each circuit shall be designated chief family court judge which designation shall be made by the Chief Justice of the Supreme Court. Such chief family court judge, in addition to his other judicial duties, shall perform such administrative duties as may be prescribed by the Chief Justice.

(C)The family courts shall be courts of record, and each family court judge shall appoint a court reporter and a secretary who shall hold office at the pleasure of the judge. The court reporter shall take down and record the testimony and judge’s rulings and charges, and transcribe such portion of the proceedings as may be required. The court reporter and the secretary shall perform such other duties as the judge may prescribe.

(D)Records in the family court concerning juveniles shall be kept confidential as prescribed in Sections 6371990 and 63192020.

Section 63330.(A)(1)No person shall be eligible to the office of family court judge who is not at the time of his assuming the duties of such office a citizen of the United States and of this State, and has not attained the age of thirtytwo years, has not been a licensed attorney at law for at least eight years, and has not been a resident of this State for five years next preceding his election, and is not a resident of the circuit wherein the family court of which he is a judge is located. Notwithstanding any other provision of law, any former member of the General Assembly may be elected to the office of family court judge.

(2)Any family court judge serving in office on the effective date of the provisions of this section requiring a family court judge to be at least thirtytwo years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future reelections to the office of family court judge.

(B)Family court judges must be elected by the General Assembly for terms of six years and until their successors are elected and qualify.

(C)The terms of all family court judges expire on the thirtieth day of June of the year in which their terms are scheduled to expire.

(D)For the purpose of electing family court judges, if more than one judge is to be elected from a circuit, each judgeship in that circuit shall be serially numbered beginning with the number (1) and the General Assembly shall elect a judge for each such judgeship. Any candidate for the office of family court judge in a circuit shall specifically file and run for a seriallynumbered judgeship in that circuit.

(E)When a vacancy occurs for an unexpired term in an office of family court judge, the Governor, upon recommendation of the Chief Justice, shall commission a temporary family court judge to fill such vacancy until such time as the General Assembly shall elect a successor who shall serve for the remainder of the unexpired term. Such temporary family court judge shall receive as compensation for his services the salary paid to a regular family court judge and in addition thereto shall also receive the subsistence and mileage as authorized by law for family court judges.

Section 63340.(A)The General Assembly shall elect a number of family court judges from each judicial circuit as follows:

First CircuitThree Judges

Second CircuitTwo Judges

Third CircuitThree Judges

Fourth CircuitThree Judges

Fifth CircuitFour Judges

Sixth CircuitTwo Judges

Seventh CircuitThree Judges

Eighth Circuit Three Judges

Ninth Circuit Six Judges

Tenth CircuitThree Judges

Eleventh CircuitThree Judges

Twelfth Circuit Three Judges

Thirteenth Circuit Six Judges

Fourteenth CircuitThree Judges

Fifteenth Circuit Three Judges

Sixteenth Circuit Two Judges

(B)In the following judicial circuits at least one family court judge must be a resident of each county in the circuit: fifth, seventh, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or more counties at least one family court judge must be a resident of one of the counties which does not have the largest population in the circuit. In the ninth circuit, both counties in the circuit must have at least two resident family court judges.

(C)No county in the sixth circuit shall have more than one resident family court judge.

Section 63350.Family court judges shall receive such compensation as shall be provided by the General Assembly. The compensation of a family court judge shall not be reduced during his term of office. All family court judges shall also receive such subsistence and mileage as may be authorized by law for circuit court judges while holding court without the county in which the judge resides.

Section 63360.A judge or master whose judicial office is eliminated by the provisions of this act shall be given credit for state retirement purposes for the time in which he served as judge or master under a formula to be determined by rule and regulation of the State Budget and Control Board.

Article 3

Administrative Matters of the Family Court

Section 633310.The Supreme Court by rule shall provide for the administration of the family court system.

Section 633320.All family court judges in a circuit, including the chief family court judge, shall rotate among all counties in the circuit as directed by the chief family court judge under the direction and supervision of the Chief Justice.

Section 633330.If two or more family court judges are presiding in the same county at the same time, the chief family court judge shall make assignments of the cases in such county to those judges.

Section 633340.The Chief Justice, in his discretion and based upon caseload requirements and need, may temporarily assign a family court judge to preside in another circuit other than the one in which he is a resident.

Section 633350.Each county shall provide sufficient physical facilities for the operation of the statewide Family Court system in that county, including facilities necessary for the provision of intake and probation services by the Department of Juvenile Justice.

Section 633360.The General Assembly shall in the annual general appropriations act provide for the salaries, equipment and supplies of family court judges and the court reporters and secretaries authorized by the provisions of subsection (C) of Section 63320. All other costs necessary for the operation of the family court system in a county including the salaries of necessary support personnel shall be provided for by the governing body of that county.

Section 633370.(A)In delinquency and neglect actions no court fee may be charged against and no witness fee is allowed to a party to a petition. No officer of this State or of a political subdivision of this State may receive a fee for the service of process or for attendance in court in the proceeding, except that in divorce proceedings the officer is allowed the fee provided by law and except when the sheriff or clerk of court has entered into a cooperative agreement with the South Carolina Department of Social Services pursuant to Title IVD of the Social Security Act for the reimbursement of federal matching funds. All other persons acting under orders of the court may be paid for services or service of process fees provided by law for like services in cases before the circuit court, to be paid from the appropriation provided when the allowances are certified to by the judge.