South Carolina General Assembly

116th Session, 2005-2006

S. 998

STATUS INFORMATION

General Bill

Sponsors: Senators Ritchie and Setzler

Document Path: l:\s-jud\bills\ritchie\jud0021.jhr.doc

Companion/Similar bill(s): 4381

Introduced in the Senate on January 10, 2006

Introduced in the House on March 29, 2006

Currently residing in the House Committee on Judiciary

Summary: Adoption

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

12/13/2005SenatePrefiled

12/13/2005SenateReferred to Committee on Judiciary

1/10/2006SenateIntroduced and read first time SJ35

1/10/2006SenateReferred to Committee on JudiciarySJ35

1/19/2006SenateReferred to Subcommittee: Ritchie (ch), Rankin, Lourie, Scott

3/22/2006SenateCommittee report: Favorable JudiciarySJ20

3/23/2006SenateRead second time SJ15

3/28/2006SenateRead third time and sent to House SJ17

3/29/2006HouseIntroduced and read first time HJ15

3/29/2006HouseReferred to Committee on JudiciaryHJ16

VERSIONS OF THIS BILL

12/13/2005

3/22/2006

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 22, 2006

S.998

Introduced by Senators Ritchie and Setzler

S. Printed 3/22/06--S.

Read the first time January 10, 2006.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S.998) to amend Section 2071640, Code of Laws of South Carolina, 1976, relating to a fingerprint review for a person applying for licensure as a foster parent, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

JAMES H. RITCHIE, JR. for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

EXPLANATION OF IMPACT:

Department of Social Services

The department indicates that this bill would have a minimal effect on the General Fund of the State and federal and/or other funds but would be absorbed within existing resources as a process is already in place to complete record checks for adoptive family applicants.

State Law Enforcement Division - SLED

SLED indicates each person applying for licensure to adopt a child in the custody of the Department of Social Services must pay a total fee of $36 for criminal background checks conducted by the FBI and SLED. Fees collected by the agency will be sufficient to offset cost incurred by the agency.

Approved By:

Don Addy

Office of State Budget

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A BILL

TO AMEND SECTION 2071640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A FINGERPRINT REVIEW FOR A PERSON APPLYING FOR LICENSURE AS A FOSTER PARENT, SO AS TO INCLUDE ANYONE SEEKING APPROVAL TO ADOPT A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES (DSS) TO UNDERGO A FINGERPRINT REVIEW; AND TO AMEND SECTION 2071642 OF THE 1976 CODE, RELATING TO RESTRICTIONS ON FOSTER CARE REPLACEMENT WITH PERSONS WITH A HISTORY OF CHILD ABUSE OR NEGLECT OR OTHER CRIMINAL CONVICTIONS OR PLEAS, SO AS TO INCLUDE A PROHIBITION ON PLACING A DSS CHILD IN A HOME FOR FOSTER CARE OR ADOPTION WHERE ANYONE IN THE HOME OVER THE AGE OF EIGHTEEN HAS PLED GUILTY OR NOLO CONTENDERE TO UNLAWFUL CONDUCT TOWARD A CHILD OR CRUELTY TO CHILDREN.

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

SECTION1.Section 2071640 of the 1976 Code is amended to read:

“Section 2071640.(A)A person applying for licensure as a foster parent or for approval by the department to adopt a child in the custody of the department and a person eighteen years of age or older, residing in a home in which a person has applied to be licensed as a foster parent or approved as an adoptive parent, must undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprinting review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.

(B)Any fee charged by the Federal Bureau of Investigation for the fingerprint review must be paid by the individual.”

SECTION2.Section 2071642 of the 1976 Code is amended to read:

“Section 2071642.(A)NoA child in the custody of the Department of Social Servicesmaymust not be placed in foster care or for adoption or continue to reside in foster care with a person if the person or anyone eighteen years of age or older residing in the home:

(1)withhas a substantiated history of child abuse or neglect as evidenced by an entry in the Central Registry of Child Abuse and Neglect; or

(2)who has pled guilty or nolo contendere to or who has been convicted of:

(a)an ‘Offense Against the Person’ as provided for in Chapter 3, Title 16;

(b)an ‘Offense Against Morality or Decency’ as provided for in Chapter 15, Title 16;

(c)contributing to the delinquency of a minor as provided for in Section 1617490;

(d)the common law offense of assault and battery of a high and aggravated nature when the victim was a person seventeen years of age or younger;

(e)criminal domestic violence, as defined in Section 162520;

(f)criminal domestic violence of a high and aggravated nature, as defined in Section 162565;

(g)a felony drugrelated offense under the laws of this State;

(h)unlawful conduct toward a child as defined in Section 20750; or

(i)cruelty to children as defined in Section 20770.

(B)A person who has been convicted of a criminal offense similar in nature to a crime enumerated in subsection (A) when the crime was committed in another jurisdiction or under federal law is subject to the restrictions set out in this section.

(C)This section does not prevent foster care placement, placement for adoption, or a child’s continued residence in foster care when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in subsection (A) has been pardoned. However, notwithstanding the entry of a pardon, the department or other entity making placement, continued residence, or licensing decisions may consider all information available, including the person’s pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited to provide foster care services or adoptive placement.”

SECTION3.This act takes effect upon approval by the Governor.

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