LEGISLATIVE UPDATE Treneice R. Flowers, Esquire Children’s Law Center School of Law University of South Carolina

Resources

Central Registry of Abuse and Neglect Amendment effective May 26, 2005 Amendment effective May 26, 2005 The name of a person who physically or sexually abuses or willfully or recklessly neglects a child must be placed in the Central Registry, and this requirement cannot be waived by any party or by the Court The name of a person who physically or sexually abuses or willfully or recklessly neglects a child must be placed in the Central Registry, and this requirement cannot be waived by any party or by the Court Exception: Court has discretion to place name or not to place name involving an Excessive Corporal Punishment case Exception: Court has discretion to place name or not to place name involving an Excessive Corporal Punishment case

Termination of Parental Rights Effective June 7, 2005 Effective June 7, 2005 New TPR ground New TPR ground The conception of a child as a result of criminal sexual conduct is a ground for termination of parental rights of a biological parent who is convicted of the offense of CSC The conception of a child as a result of criminal sexual conduct is a ground for termination of parental rights of a biological parent who is convicted of the offense of CSC

Daniel’s Law Amendment Effective June 12, 2006 Amendment Effective June 12, 2006 Expands locations of “Safe Havens” Expands locations of “Safe Havens” Hospitals or hospital out-patient facilities Hospitals or hospital out-patient facilities Law enforcement agency Law enforcement agency Fire station Fire station Emergency Medical Service station Emergency Medical Service station House of worship House of worship

De Facto Custodian provides jurisdiction in family court provides jurisdiction in family court creates the law in title creates the law in title 20 Effective July 1, 2006 Effective July 1, 2006 Requirements for De Facto Custodian Requirements for De Facto Custodian Primary caregiver/primary financial provider Primary caregiver/primary financial provider Age of child Age of child No pending DSS case No pending DSS case

The Sex Offender Accountability and Protections of Minors Act 2006 AKA Jessie’s Law AKA Jessie’s Law Effective July 1, 2006 Effective July 1, 2006 South Carolina’s Criminal Sexual Conduct Statute South Carolina’s Criminal Sexual Conduct Statute Amendment to current CSC statute: to allow significant changes to current statute Amendment to current CSC statute: to allow significant changes to current statute

Jessie’s Law Amendment A person may not be convicted of CSC with a minor 2 nd degree if he is eighteen or less when he engages in illicit but consensual sexual conduct with another person who is at least fourteen years of age A person may not be convicted of CSC with a minor 2 nd degree if he is eighteen or less when he engages in illicit but consensual sexual conduct with another person who is at least fourteen years of age Decriminalizes teenage sex Decriminalizes teenage sex

Jessie’s Law Amendment Mistake of Age Defense in 1 st and 2 nd degree charges of CSC with a minor Mistake of Age Defense in 1 st and 2 nd degree charges of CSC with a minor AKA Romeo Provision AKA Romeo Provision Age of Consent is fourteen years of age in South Carolina Age of Consent is fourteen years of age in South Carolina

Jessie’s Law Amendment Changes the maximum sentence for CSC offense charge Changes the maximum sentence for CSC offense charge Allows for the death penalty for a person convicted of CSC with a minor in the 1 st degree without the incident causing death of minor Allows for the death penalty for a person convicted of CSC with a minor in the 1 st degree without the incident causing death of minor Child under age eleven Child under age eleven Second conviction Second conviction Beyond reasonable doubt of sexual battery Beyond reasonable doubt of sexual battery

Meth Offenses and Children Effective May 4, 2006 Effective May 4, 2006 Offenses regarding meth committed in the presence of children are unlawful Offenses regarding meth committed in the presence of children are unlawful Dangers of Meth: SC Drug Endangered Children’s Protocol Dangers of Meth: SC Drug Endangered Children’s Protocol Toxins and GAL visits Toxins and GAL visits

Tobacco and Minors Effective August 21, 2006 Effective August 21, 2006 Sale of Tobacco to Minors Sale of Tobacco to Minors Non-criminal offense Non-criminal offense Delay or restriction of driving privileges only Delay or restriction of driving privileges only

Shaken Infant Video Effective January 1, 2008 Effective January 1, 2008 DHEC (Department of Health and Environmental Control) is responsible for providing video DHEC (Department of Health and Environmental Control) is responsible for providing video Every hospital has to make video available to new parents Every hospital has to make video available to new parents

Pending Legislation H 3172 H 3172 Would establish a procedure to allow an adoptee 21 years old or older to obtain copies of birth records and related information when a birth parent has authorized the release of such information Would establish a procedure to allow an adoptee 21 years old or older to obtain copies of birth records and related information when a birth parent has authorized the release of such information Two dates to remember: 06/30/2008 and 07/01/2011 Two dates to remember: 06/30/2008 and 07/01/2011

Adoptions S 204 S 204 A fingerprint review for a person applying for license to become a foster parent, including anyone seeking approval to adopt a child in the custody of DSS A fingerprint review for a person applying for license to become a foster parent, including anyone seeking approval to adopt a child in the custody of DSS Prohibit placement of a child in the custody of a home for foster care or adoption where an adult in home has pled guilty or no contest to unlawful conduct or cruelty toward a child Prohibit placement of a child in the custody of a home for foster care or adoption where an adult in home has pled guilty or no contest to unlawful conduct or cruelty toward a child

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