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May 2015 South Carolina Family Law Update

Posted by J. Benjamin Stevens | Jun 04, 2015 | 0 Comments

Monthly law update

The Stevens Firm is pleased to present the May 2015 South Carolina Family Law Update:

Shearouse Advance Sheets:

South Carolina Dep't of Social Services v. Williams – Ms. Williams appealed the family court's order terminating her parental rights. Reversing the Family Court's ruling, the Court of Appeals held the TPR was not in the best interests of the child and remanded the matter for a new permanency planning hearing. See Shearouse Adv. Sh. No. 19 at 65, Op. 5318 (S.C. Ct. App. filed May 12, 2015). You can find our briefing of the opinion here.

Administrative Order/Court Rules Update:

By Administrative Order dated May 1, 2015, the South Carolina Supreme Court approved the Request fro Appointment of Mediator form (SCADR 109) and the revision of the Notice of ADR form (SCADR 102F). The order approving the forms can be found here.

By Administrative Order dated May 1, 2015, the South Carolina Supreme Court approved the revised subpoena forms for use in Circuit Court (SCCA254) and Family Court (SCCA254F). The order approving the revised forms can be found here.

By Administrative Order dated May 22, 2015, the South Carolina Supreme Court amended the Rule 412(a)(4) of the South Carolina Appellate Court Rules, based a submitted request from the South Carolina Bar Foundation to allow attorneys to use credit unions for IOLTA accounts. The order amending the rule can be found here.

Legislative Update:

Tuesday, May 12, 2015, the Senate Judiciary Committee gave a favorable report to H. 3215 – Alimony.

Thursday, May 14, 2015, the House Judiciary Criminal Laws Subcommittee gave a favorable as amended report to H. 3133 – Sex offenders.

Tuesday, May 19, 2015, the House Judiciary Committee gave a favorable report to S. 250 – Release of a Child's Medical Records and H. 3133 – Sex Offenders.

Sunday, May 28, 2015, the following bills were ratified: H. 3215 – Alimony; S. 500 – Uniform Interstate Support Act; H. 3843 – First Steps; and S. 133 – Juvenile Expungement.

Legislation Introduced in the House:

S. 250 (Word version) – Senators Shealy, Lourie and Young: A BILL TO AMEND SECTION 63-7-380 OF THE 1976 CODE, TO PROVIDE FOR THE RELEASE OF A CHILD'S MEDICAL RECORDS WITHOUT PARENTAL CONSENT TO A SOUTH CAROLINA CHILDREN'S ADVOCACY MEDICAL RESPONSE SYSTEM CHILD ABUSE HEALTH CARE PROVIDER FOR EVALUATING THE CHILD FOR SUSPECTED ABUSE OR NEGLECT; TO ADD SECTION 63-7-1990(B)(24) TO ALLOW A SOUTH CAROLINA CHILDREN'S ADVOCACY MEDICAL RESPONSE SYSTEM CHILD ABUSE HEALTH CARE PROVIDER ACCESS TO RECORDS OF INDICATED CASES OF CHILD ABUSE OR NEGLECT; TO AMEND SECTION 63-7-1990 BY ADDING SUBSECTION (N) TO ALLOW FOR A SOUTH CAROLINA CHILDREN'S ADVOCACY MEDICAL RESPONSE SYSTEM CHILD ABUSE HEALTH CARE PROVIDER TO RECEIVE A SUMMARY OF REFERRALS AND OUTCOMES OF CASES OF SUSPECTED ABUSE OR NEGLECT SENT TO A CONTRACTED SERVICE AGENCY OR PROGRAM; TO AMEND SECTION 63-7-1990 BY ADDING SUBSECTION (O) TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL SHARE INFORMATION RELATING TO AN INDICATED INVESTIGATION OF CHILD ABUSE OR NEGLECT WITH A CHILD'S PRIMARY OR SPECIALTY HEALTH CARE PROVIDER; TO AMEND SECTION 63-7-2000 BY ADDING SUBSECTION (F) TO ALLOW THE DEPARTMENT OF SOCIAL SERVICES TO RELEASE A SUMMARY OF ALLEGATIONS AND THE INVESTIGATION OUTCOME OF UNFOUNDED CASES OF CHILD ABUSE OR NEGLECT WITH A SOUTH CAROLINA CHILDREN'S ADVOCACY MEDICAL RESPONSE SYSTEM CHILD ABUSE HEALTH CARE PROVIDER. (Referred to Committee on Judiciary.)

H. 4175 (Word version) – Reps. Neal, Parks, Jefferson and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-17-1095 SO AS TO ALLOW PROFESSIONAL DISCIPLINE, UP TO AND INCLUDING REVOCATION OF BUSINESS, OCCUPATIONAL, OR PROFESSIONAL LICENSES OR OTHER CERTIFICATIONS, FOR FAILURE TO PAY CHILD SUPPORT; TO AMEND SECTION 63-5-20, RELATING TO THE DUTY TO PROVIDE REASONABLE SUPPORT FOR SPOUSES AND CHILDREN, SO AS TO REQUIRE COURTS TO TAKE INTO CONSIDERATION EMPLOYMENT CIRCUMSTANCES WHEN DETERMINING WHETHER THERE IS JUST CAUSE OR EXCUSE FOR A PERSON NOT TO PROVIDE REASONABLE SUPPORT; TO AMEND SECTION 63-17-390, RELATING TO PLACING PERSONS IN JAIL FOR FAILURE TO COMPLY WITH A CHILD SUPPORT ORDER, SO AS TO REQUIRE THE COURT TO DETERMINE WHETHER THERE IS JUST CAUSE OR EXCUSE FOR NONCOMPLIANCE, INCLUDING EMPLOYMENT CIRCUMSTANCES, AND TO PROHIBIT PLACING PERSONS IN JAIL IF THERE IS JUST CAUSE OR EXCUSE FOR NONCOMPLIANCE; AND TO AMEND SECTION 63-17-1020, RELATING TO CHILD SUPPORT ENFORCEMENT THROUGH LICENSE REVOCATION, SO AS NOT TO APPLY TO BUSINESS, OCCUPATIONAL, OR PROFESSIONAL LICENSES. (Referred to Committee on Judiciary.)

H. 4261 (Word version) – Reps. Erickson, M. S. McLeod, Collins and Long: A BILL TO AMEND SECTION 63-19-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACING CHILDREN IN AN ADULT JAIL, SO AS TO ELIMINATE THE EXCEPTION FOR CHILDREN TO BE TRIED AS AN ADULT AND TO DECREASE THE LENGTH OF TIME THAT A CHILD MAY BE HELD FOR VIOLATION OF COURT ORDER REGARDING A STATUS OFFENSE; TO AMEND SECTION 63-19-1020, RELATING TO THE RIGHT OF CERTAIN PERSONS AND ENTITIES INJURED BY DELINQUENT ACTS OF A CHILD TO INSTITUTE LEGAL PROCEEDINGS AGAINST THE CHILD, SO AS TO REQUIRE THAT THE CHILD AND HIS FAMILY SEEK COUNSELING WHEN THE STATUS OFFENSE IS OF INCORRIGIBILITY; TO AMEND SECTION 63-19-1440, AS AMENDED, RELATING TO COMMITMENT OF CERTAIN CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO DISTINGUISH BETWEEN STATUS AND CRIMINAL OFFENSES, AND TO CHANGE THE REQUIREMENTS FOR COURT ORDERS; AND TO AMEND SECTION 63-19-2050, RELATING TO A PETITION TO EXPUNGE RECORDS OF CERTAIN OFFENSES, SO AS TO CHANGE AGE AND OTHER REQUIREMENTS AND TO ESTABLISH A PROCESS FOR AUTOMATIC EXPUNGEMENT OF STATUS OFFENSES. (Referred to Committee on Judiciary.)

H. 4263 (Word version) – Reps. Erickson, M. S. McLeod, Collins and Long: A BILL TO AMEND SECTION 23-3-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO GIVE FAMILY COURTS THE DISCRETION WHETHER TO REQUIRE A CHILD FOURTEEN YEARS OR OLDER TO BE PLACED ON THE REGISTRY, TO PROHIBIT FAMILY COURTS FROM PLACING A CHILD UNDER FOURTEEN YEARS ON THE REGISTRY, AND TO ALLOW PERSONS REQUIRED TO BE PLACED ON THE REGISTRY TO PETITION THE COURT FOR REMOVAL UPON REACHING TWENTY-ONE YEARS OF AGE; TO AMEND SECTION 23-3-490, AS AMENDED, RELATING TO PUBLIC INSPECTION OF SEX OFFENDER REGISTRY RECORDS, SO AS TO PROHIBIT PUBLIC ACCESS, EXCEPT FOR ACCESS BY VICTIMS, WITNESSES, SCHOOLS, AND OTHER BUSINESSES THAT PRIMARILY SERVE CHILDREN, WOMEN, OR VULNERABLE ADULTS; AND TO AMEND SECTION 63-3-510, RELATING TO FAMILY COURT JURISDICTION OVER CHILDREN, SO AS TO RETAIN JURISDICTION TO REVIEW PETITIONS FOR REMOVAL FROM THE SEX OFFENDER REGISTRY. (Referred to Committee on Judiciary.)

Legislation Introduced in the Senate:

S. 762 (Word version) – Senators Fair, Hutto and Jackson: A BILL TO AMEND SECTION 23-3-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO GIVE FAMILY COURTS THE DISCRETION WHETHER TO REQUIRE A CHILD FOURTEEN YEARS OR OLDER TO BE PLACED ON THE REGISTRY, TO PROHIBIT FAMILY COURTS FROM PLACING A CHILD UNDER FOURTEEN YEARS ON THE REGISTRY, AND TO ALLOW PERSONS REQUIRED TO BE PLACED ON THE REGISTRY TO PETITION THE COURT FOR REMOVAL UPON REACHING TWENTY-ONE YEARS OF AGE; TO AMEND SECTION 23-3-490, AS AMENDED, RELATING TO PUBLIC INSPECTION OF SEX OFFENDER REGISTRY RECORDS, SO AS TO PROHIBIT PUBLIC ACCESS, EXCEPT FOR ACCESS BY VICTIMS, WITNESSES, SCHOOLS, AND OTHER BUSINESSES THAT PRIMARILY SERVE CHILDREN, WOMEN, OR VULNERABLE ADULTS; AND TO AMEND SECTION 63-3-510, RELATING TO FAMILY COURT JURISDICTION OVER CHILDREN, SO AS TO RETAIN JURISDICTION TO REVIEW PETITIONS FOR REMOVAL FROM THE SEX OFFENDER REGISTRY. (Read the first time and referred to the Committee on Judiciary.)

S. 764 (Word version) – Senators Fair, Hutto and Jackson: A BILL TO AMEND SECTION 63-19-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACING CHILDREN IN AN ADULT JAIL, SO AS TO ELIMINATE THE EXCEPTION FOR CHILDREN TO BE TRIED AS AN ADULT AND TO DECREASE THE LENGTH OF TIME THAT A CHILD MAY BE HELD FOR VIOLATION OF COURT ORDER REGARDING A STATUS OFFENSE; TO AMEND SECTION 63-19-1020, RELATING TO THE RIGHT OF CERTAIN PERSONS AND ENTITIES INJURED BY DELINQUENT ACTS OF A CHILD TO INSTITUTE LEGAL PROCEEDINGS AGAINST THE CHILD, SO AS TO REQUIRE THAT THE CHILD AND HIS FAMILY SEEK COUNSELING WHEN THE STATUS OFFENSE IS OF INCORRIGIBILITY; TO AMEND SECTION 63-19-1440, AS AMENDED, RELATING TO COMMITMENT OF CERTAIN CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO DISTINGUISH BETWEEN STATUS AND CRIMINAL OFFENSES, AND TO CHANGE THE REQUIREMENTS FOR COURT ORDERS; AND TO AMEND SECTION 63-19-2050, RELATING TO A PETITION TO EXPUNGE RECORDS OF CERTAIN OFFENSES, SO AS TO CHANGE AGE AND OTHER REQUIREMENTS AND TO ESTABLISH A PROCESS FOR AUTOMATIC EXPUNGEMENT OF STATUS OFFENSES. (Read the first time and referred to the Committee on Judiciary.)

S. 777 (Word version) — Senators Malloy and Bennett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-436 SO AS TO PROVIDE ADDITIONAL AND ALTERNATIVE REQUIREMENTS FOR MATTERS INVOLVING PAYMENT OF BENEFITS FROM THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AND TO DEFINE RELEVANT TERMS; TO AMEND SECTION 62-1-201, AS AMENDED, RELATING TO DEFINITIONS APPLICABLE TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO DEFINE THE TERM “VA” AND TO MAKE OTHER TECHNICAL CORRECTIONS; TO AMEND SECTION 62-5-404, RELATING TO THE ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE ORDER, SO AS TO REQUIRE THE PETITION TO SHOW THAT THE PERSON TO BE PROTECTED HAS BEEN RATED INCOMPETENT BY THE VA AND TO PROVIDE THAT THE PETITION SHALL STATE THE NAME AND ADDRESS OF THE PERSON TO BE NOTIFIED ON BEHALF OF THE VA; TO AMEND 62-5-405, AS AMENDED, RELATING TO SERVICE OF SUMMONS AND PETITIONS, NOTICE OF HEARING, AND WAIVER OF NOTICE BY THE PERSON TO BE PROTECTED, SO AS TO REQUIRE SERVICE UPON THE VA AND NOTICE OF THE HEARING IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 62-5-407, AS AMENDED, RELATING TO PROCEDURES CONCERNING THE HEARING AND ORDER ON ORIGINAL PETITION, SO AS TO CLARIFY CERTAIN PROVISIONS IN CASES INVOLVING PAYMENT OF BENEFITS FROM THE VA; AND TO REPEAL PART 6, ARTICLE 5, CHAPTER 5, TITLE 62 RELATING TO THE UNIFORM VETERANS' GUARDIANSHIP ACT. (Senator MALLOY spoke on the Bill.) (Read the first time and referred to the Committee on Judiciary.)

S. 778 (Word version) — Senator Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO TITLE 62 SO AS TO ENACT THE “SOUTH CAROLINA UNIFORM POWER OF ATTORNEY ACT”; TO DEFINE APPLICABLE TERMS; TO OUTLINE THE ARTICLE'S REQUIREMENTS AND APPLICABILITY, AND TO PROVIDE EXCEPTIONS; TO AMEND PART 5, ARTICLE 5, TITLE 62, RELATING TO POWERS OF ATTORNEY, SO AS TO ENACT THE “SOUTH CAROLINA STATUTORY HEALTH CARE POWER OF ATTORNEY ACT”; TO DEFINE APPLICABLE TERMS; TO OUTLINE THE PART'S REQUIREMENTS AND APPLICABILITY; TO PROVIDE EXECUTION AND WITNESS REQUIREMENTS; AND TO SPECIFY THE PROPER FORM OF A HEALTH CARE POWER OF ATTORNEY. (Senator MALLOY spoke on the Bill.) (Read the first time and referred to the Committee on Judiciary.)

The Stevens Firm, P.A. South Carolina Family Law Update is published as a service to our attorneys, clients, and friends. It is intended to be a high level overview of the developments in South Carolina Family Law and is a general summary of law. This publication It should in no way replace legal advice specific to your circumstances or in any way creates an attorney-client relationship. If you require further information on anything covered in our South Carolina Family Law Update, please contact our firm at (864) 598-9172 or info@scfamilylaw.com to make an appointment with one of our attorneys. Further information can also be found on our website.

© The Stevens Firm, P.A. 2015

About the Author

J. Benjamin Stevens

Aggressive, creative, and compassionate are words Ben Stevens' colleagues freely use to describe him as a divorce and family law attorney. Ben is a Fellow in the prestigious American Academy of Matrimonial Lawyers, the International Academy of Family Lawyers, and is a Board Certified Family Trial Advocate by the National Board of Trial Advocates. He is one of only four attorneys in South Carolina with those simultaneous distinctions. To schedule a consultation with Ben Stevens call (864) 598-9172.

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