South Carolina General Assembly

119th Session, 2011-2012

S. 126

STATUS INFORMATION

General Bill

Sponsors: Senators Campsen, McConnell, Fair, Rose and Ford

Document Path: l:\council\bills\nbd\11062ahb11.docx

Introduced in the Senate on January 11, 2011

Introduced in the House on March 7, 2012

Currently residing in the House Committee on Judiciary

Summary: Equal rights and duties of parents

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number

12/1/2010 Senate Prefiled

12/1/2010 Senate Referred to Committee on Judiciary

1/11/2011 Senate Introduced and read first time (Senate Journalpage61)

1/11/2011 Senate Referred to Committee on Judiciary (Senate Journalpage61)

1/9/2012 Senate Referred to Subcommittee: Sheheen (ch), Knotts, Campsen, Lourie, Campbell

2/29/2012 Senate Committee report: Favorable Judiciary (Senate Journalpage12)

3/1/2012 Senate Read second time (Senate Journalpage17)

3/1/2012 Senate Roll call Ayes36 Nays0 (Senate Journalpage17)

3/6/2012 Senate Read third time and sent to House (Senate Journalpage21)

3/7/2012 House Introduced and read first time (House Journalpage8)

3/7/2012 House Referred to Committee on Judiciary (House Journalpage8)

VERSIONS OF THIS BILL

12/1/2010

2/29/2012

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

February 29, 2012

S.126

Introduced by Senators Campsen, McConnell, Fair, Rose and Ford

S. Printed 2/29/12--S.

Read the first time January 11, 2011.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S.126) to amend Section 63530, Code of Laws of South Carolina, 1976, relating to equal rights and duties of parents regarding minor children, so as to provide, etc., respectfully

REPORT:

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

VINCENT A. SHEHEEN for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Judicial Department indicates that this bill will have no fiscal impact on the General Fund of the State, or on federal and/or other funds.

Approved By:

Brenda Hart

Office of State Budget

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A BILL

TO AMEND SECTION 63530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS AND DUTIES OF PARENTS REGARDING MINOR CHILDREN, SO AS TO PROVIDE THAT IN ADDITION TO EQUAL ACCESS AND EQUAL RIGHTS TO OBTAIN EDUCATIONAL AND MEDICAL RECORDS, A PARENT HAS EQUAL ACCESS AND EQUAL RIGHTS TO OBTAIN A MINOR CHILD’S COUNSELING AND THERAPY RECORDS.

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

SECTION 1. Section 63530 of the 1976 Code is amended to read:

“Section 63530. The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records, counseling and therapy records, and medical records of their minor children and the right to participate in their children’s school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child.”

SECTION 2. This act takes effect upon approval by the Governor.

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