South Carolina General Assembly

117th Session, 2007-2008

S. 204

STATUS INFORMATION

General Bill

Sponsors: Senators Ritchie, Campsen, Richardson, Hayes, Mescher, Cleary and Elliott

Document Path: l:\s-res\jhr\001adop.dag.doc

Introduced in the Senate on January 9, 2007

Introduced in the House on April 10, 2007

Currently residing in the House Committee on Judiciary

Summary: Adoption

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

12/13/2006SenatePrefiled

12/13/2006SenateReferred to Committee on Judiciary

1/9/2007SenateIntroduced and read first time SJ119

1/9/2007SenateReferred to Committee on JudiciarySJ119

1/17/2007SenateReferred to Subcommittee: Ritchie (ch), Rankin, Lourie, Scott

3/28/2007SenateCommittee report: Favorable JudiciarySJ21

3/29/2007Scrivener's error corrected

3/29/2007SenateRead second time SJ12

4/3/2007SenateRead third time and sent to House SJ19

4/10/2007HouseIntroduced and read first time HJ13

4/10/2007HouseReferred to Committee on JudiciaryHJ14

VERSIONS OF THIS BILL

12/13/2006

3/28/2007

3/29/2007

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 28, 2007

S.204

Introduced by Senators Ritchie, Campsen, Richardson, Hayes, Mescher, Cleary and Elliott

S. Printed 3/28/07--S.[SEC 3/29/07 1:54 PM]

Read the first time January 9, 2007.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S.204) 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:

The Department of Social Services indicates that this bill would require additional costs but should be minimal and would be
absorbed, as mechanisms already are in place to complete record checks of applicants.

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, 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, 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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