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June 2015 South Carolina Family Law Update

Posted by J. Benjamin Stevens | Jul 16, 2015 | 0 Comments

Monthly law update

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

Supreme Court of the United States (October Term, 2014) Slip Opinions:

Ohio v. Clark, 576 U.S. ___ (2015) – Introduction out-of-court statements by 3-year-old child to his teachers, as evidence of abuse, at trial “were not testimonial” in nature and were not made for purpose of creating evidence.” See Ohio v. Clark, No. 13-1352, slip op. at 1-2 (June 18, 2015). You can find the SCOTUS blog coverage here.

Obergefell v. Hodges, 576 U.S. ___ (0215) – “The Fourteenth Amendment requires a State to license marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage is lawfully licensed and performed out-of-State.” SeeObergefell v. Hodges, No. 14-556, slip op. at 1 (S. Ct. June 26, 2015). You can find the SCOTUSbloghere.

Shearouse Advance Sheets:

None relating to family law.

Administrative Order/Court Rules Update:

By Administrative Order dated June 3, 2015, the South Carolina Supreme Court amended Rule 19, SCADR and Rule 21, SCADR. The Order amending the Rules can be found here.

By Administrative Order dated June 4, 2015, the South Carolina Supreme Court amended the Family Court Coversheet (SCCA 467). The Order approving the forms can be found here and the updated form can be found here.

By Administrative Order dated June 26, 2015, the South Carolina Supreme Court authorized the use of the following forms in Family Court, pursuant to Part V of Act 58:

Complaint for Permanent Restraining Order (SCCA 291)

Summons and Notice of Hearing (SCCA 290)

Permanent Restraining Order (SCCA 292F)

The Order approving these forms can be found here.

Legislative Update:

On Tuesday, May 26, 2015, the Senate concurred with the House of Representatives' amendments to S 133 (RELATING TO RECORD DESTRUCTION OF JUVENILE RECORDS) (Word version) and moved that the bill be enrolled for ratification. On Thursday, June 4, 2015, Governor Haley signed into law R 43 (effective June 1, 2015) (Act No. 22).

On Thursday, May 28, 2015, after receiving three readings in both Houses, S 500 (RELATING TO THE UNIFORM INTERSTATE SUPPORT ACT)(Word version) was enrolled for ratification. On Monday, June 1, 2015, Governor Haley signed R 57 into law (effective June 1, 2015) (Act 33).

On Tuesday, June 2, 2015, after receiving three readings in both Houses, H 3165 (ENACTING THE “UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT”)(Word Version) was enrolled for ratification. On Thursday, June 4, 2015, Governor Haley signed R 94 into law (effective June 4, 2015) (Act 61).

On Tuesday, June 2, 2105, the House of Representatives concurred in Senate amendments to S.3(DOMESTIC VIOLENCE REFORM ACT) (Word version) and enrolled the bill for ratification. On Thursday, June 11, 2015, Governor Haley signed R 80 into law (effective June 4, 2015) (Act 58).

On Wednesday, June 3, 2015, after receiving three readings in both Houses, H 3548 (RELATING TO THE PROCESS OF IDENTIFYING AND REPORTING CHILD ABUSE AND NEGLECT) was enrolled for ratification. On Thursday, June 11, 2015, Governor Haley signed R 95 concerning reports of child abuse and neglect involving active duty members of the military into law (effective June 4, 2015) (Act 62).

On Thursday, June 4, 2015, the House concurred in Senate amendments to S.250 (ACCESS TO MEDICAL RECORDS IN CASES OF SUSPECTED CHILD ABUSE OR NEGLECT) (Word version), and enrolled the legislation for ratification. On Monday, June 8, 2015, Governor Haley signed R 105into law (effective June 8, 2015) (Act 75).

Legislation Introduced in the House:

H. 4303 (Word version) — Rep. Bowers: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENT RATIOS ON RESIDENTIAL PROPERTY, SO AS TO ALLOW A TAXPAYER TO CLAIM THE FOUR PERCENT ASSESSMENT RATIO ON A RESIDENTIAL PROPERTY OTHER THAN THEIR LEGAL RESIDENCE IF THE ADDITIONAL RESIDENCE IS THE LEGAL RESIDENCE OF EITHER A PARENT OR CHILD OF THE TAXPAYER. (Referred to Committee on Ways and Means.)

H. 4330 (Word version) — Rep. Hill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE “PARENTAL RIGHT TO REFUSE ASSESSMENTS ACT” BY ADDING SECTION 59-18-335 SO AS TO PROVIDE LEGISLATIVE FINDINGS, TO PROVIDE THE PARENT OF A STUDENT MAY EXCUSE THE STUDENT FROM PARTICIPATING IN STANDARDIZED ASSESSMENTS THAT ARE PART OF A CERTAIN SYSTEM OF STATEWIDE ACADEMIC ASSESSMENTS, TO PROVIDE NO PENALTIES MAY BE IMPOSED FOR EXERCISING THIS RIGHT TO EXCUSE, TO REQUIRE ADOPTION AND IMPLEMENTATION OF RELATED POLICIES AND PROCEDURES BY LOCAL AND STATE-SPONSORED EDUCATION PROVIDERS, TO PROVIDE SPECIFIC REQUIREMENTS FOR THESE POLICIES AND REQUIREMENTS FOR MAKING THEM AVAILABLE TO PARENTS AND STUDENTS, AND TO DEFINE NECESSARY TERMINOLOGY. (Referred to Committee on Eduction and Public Works.)

Legislation Introduced in the Senate:

None relating to family law.

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 [email protected] 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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