Bill Text: SC S0363 | 2015-2016 | 121st General Assembly | Introduced
Bill Title: Child abuse
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-01-27 - Referred to Committee on Judiciary [S0363 Detail]
Download: South_Carolina-2015-S0363-Introduced.html
A BILL
TO AMEND SECTION 63-7-320 OF THE 1976 CODE, RELATING TO THE PROCESS OF IDENTIFYING AND REPORTING CHILD ABUSE AND NEGLECT, TO PROVIDE THAT IN THE EVENT THE ALLEGED ABUSED OR NEGLECTED CHILD IS A MEMBER OF AN ACTIVE DUTY MILITARY FAMILY, THE COUNTY DEPARTMENT OF SOCIAL SERVICES SHALL NOTIFY THE DESIGNATED AUTHORITIES AT THE MILITARY INSTALLATION WHERE THE ACTIVE DUTY MILITARY SPONSOR IS ASSIGNED; TO AMEND SECTION 63-7-920, RELATING TO INVESTIGATIONS AND CASE DETERMINATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, TO PROVIDE THAT THE DEPARTMENT OR LAW ENFORCEMENT, OR BOTH, MAY COLLECT INFORMATION CONCERNING THE MILITARY AFFILIATION OF THE PERSON HAVING THE CUSTODY OR CONTROL OF THE CHILD SUBJECT TO AN INVESTIGATION AND MAY SHARE THIS INFORMATION WITH THE APPROPRIATE MILITARY AUTHORITIES; TO AMEND SECTION 63-7-1990, RELATING TO THE CONFIDENTIALITY AND RELEASE OF RECORDS AND INFORMATION, TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES IS AUTHORIZED TO GRANT ACCESS TO THE RECORDS TO THE DESIGNATED MILITARY AUTHORITIES AT THE MILITARY INSTALLATION WHERE THE ACTIVE DUTY SERVICE MEMBER IS ASSIGNED; TO AMEND SECTION 63-11-80, RELATING TO CONFIDENTIAL INFORMATION WITHIN CHILD WELFARE AGENCIES, TO PROVIDE THAT NO OFFICER, AGENT, OR EMPLOYEE OF THE DEPARTMENT OR A CHILD WELFARE AGENCY SHALL DIRECTLY OR INDIRECTLY DISCLOSE INFORMATION LEARNED ABOUT THE CHILDREN, THEIR PARENTS OR RELATIVES, OR OTHER PERSONS HAVING CUSTODY OR CONTROL OF THEM, EXCEPT IN CASES INVOLVING CHILDREN IN THE CUSTODY OR CONTROL OF PERSONS WHO HAVE MILITARY AFFILIATION; AND TO MAKE TECHNICAL AND CONFORMING AMENDMENTS TO SECTION 63-7-1990(B)(23).
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 63-7-320 of the 1976 Code is amended by adding:
"(C) In the event the alleged abused or neglected child is a member of an active duty military family, concurrent with the transfer of the report, the county department of social services shall notify the designated authorities at the military installation where the active duty military sponsor is assigned, in accordance with the memorandum of understanding with the command authority of the military installation."
SECTION 2. Section 63-7-920 of the 1976 Code is amended by adding:
"(F) The department or law enforcement, or both, may collect information concerning the military affiliation of the person having custody or control of the child subject to an investigation and may share this information with the appropriate military authorities pursuant to Section 63-11-80."
SECTION 3. Section 63-7-1990(B)(23) of the 1976 Code is amended to read:
"(23) The the Division of Guardian ad Litem, Office of the Governor, for purposes of certifying that no potential employee or volunteer is the subject of an indicated report or an affirmative determination.; and"
SECTION 4. Section 63-7-1990(B) of the 1976 Code is amended by adding:
"(24) the designated military authorities at the military installation where the active duty service member, who is the sponsor of the alleged abused or neglected child, is assigned. The military authorities are designated in the memorandum of agreement between county protective services and the command authority of military installation."
SECTION 5. Section 63-11-80 of the 1976 Code is amended to read:
"Section 63-11-80. No officer, agent or employee of the department or a child welfare agency shall directly or indirectly disclose information learned about the children, their parents or relatives or other persons having custody or control of them, except in cases involving children in the custody or control of persons who have military affiliation."
SECTION 6. This act takes effect upon approval by the Governor.
