1995 LEGISLATIVE SUMMARY

First Annual Session
111th General Assembly of South Carolina

Prepared by Office of Senate Research
Copyright © 1995 by South Carolina Senate

Children and Families

State and Federal Tax Refunds Subject to Delinquent Child Support Payments
(R.30, H.3103, Act 18)
[Effective 4/4/95]

This act amends Section , relating to obtaining support payments from absent parents, so as to permit the Department of Social Services to submit the name of any individual delinquent in paying court-ordered child support to both the Internal Revenue Service and the State Department of Revenue and Taxation for federal and state tax refund offsets, even if the obligor is in compliance with a court order requiring periodic payments toward satisfaction of the delinquency or even if the delinquent amount has been placed in abeyance by court order.

Child Care Credit
(R.71, S.548, Act 40)
[Effective 5/17/95]

This act amends Section (B), relating to credit for employers with child care programs, so as to include donations to nonprofit corporations for purposes of establishing a child care program. If credit is taken for donations by a corporation, a deduction to arrive at the net income of the corporation is not allowed.

Criminal Background Check for Day Care Licensees
(R.93, S.46, Act 54)
[Effective 7/1/95]

This act amends the provisions relating to the issuance and renewal of licenses to operate private day care centers and homes, approval and approval renewal to operate a public day care center or home, registration and registration renewal for family day care homes, and registration of church day care centers. First, the act expands the list of crimes the conviction of which disqualifies a person from operation of, or employment or service at, a private or public day care center. Previously, the disqualifying crimes were: (1) offenses against the person provided in Chapter 3 of Title 16; (2) offenses against morality and decency provided in Chapter 15 of Title 16; and (3) the crime of contributing to the delinquency of a minor. This act adds the following offenses to the disqualifying list: (1) the felonies classified in Section 16-1-10(A) (thirty year felonies); (2) the offenses enumerated in Section 16-1-10(D)(exempt offenses); and (3) a criminal offense similar in nature to the listed crimes committed in other jurisdictions or under federal law. Further, this disqualifying list is made expressly applicable to family day care homes and church day care centers, which was not the case under prior law.

Second, the act makes it a misdemeanor criminal offense for a person convicted of one of the disqualifying crimes: (1) to seek to provide services as an operator of a public day care center, a family day care home, or a church day care center; (2) to apply for employment with or to be employed by a public day care center, a family day care home, or a church day care center; or (3) to seek to provide caregiver services with or to be a caregiver at a public day care center, a family day care home, or a church day care center. Previously, the misdemeanor penalty only applied with respect to private day care centers. Further, the application forms for licensure or registration issued by DSS and the application forms for employment at a day care center must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the disqualifying crimes may not operate, be employed by, or provide caregiver services with day care facility. The form must also include the misdemeanor criminal penalty for providing such services.

Third, the act requires prospective operators, employees, and caregivers to undergo fingerprint and background checks by SLED and the FBI. Previously, only the SLED checks were authorized and then only for private and public day care centers and family day care homes. There was no criminal background check required for operators, employees and caregivers of church day care centers. The background checks are required only in the following instances: (1) when a person seeks a license, approval or registration to operate a day care center; (2) when a person seeks employment or to provide caregiver services at a day care center; and (3) for facilities currently licensed, approved, or registered, at the earlier of the first renewal after June 30, 1995 or June 30, 1996. Previously, the SLED checks were required on each renewal, for the operator and all employees and caregivers. Under the act, after June 30, 1996, the only time the background checks will be required on renewal is when the renewal coincides with a change in operators or if there are new employees or caregivers. The act limits the cost of the SLED check to $25. The cost of the FBI check can not be set by state law.

Finally, the criminal background checks required by this act must also be conducted before DSS employs a person in its day care licensing or child protective services divisions. The disqualifying offenses also apply in this context, however, the misdemeanor criminal penalty does not apply.

Adoption of Child in Foster Care
(R.135, H.3060, Act 82)
[Effective 6/12/95]

This act amends Section , relating to persons eligible to adopt a child, so as to add an exception to the requirement that placement of the children for adoption is limited to South Carolina residents. Previously, a child could be adopted by a non-resident only if the child had special needs, there had been publicity concerning the child or child's family, the child was to be placed for adoption with a relative related biologically or by marriage, one of the adoptive parents was in the military services located in South Carolina, or there were unusual or exceptional circumstances such that the best interests of the child would be served by placement with or adoption by nonresidents of this state. Now, an exception is included to allow adoption by a non-resident of South Carolina when the child has been in foster care for at least six months after being legally freed for adoption and no South Carolina resident has been identified as a prospective adoptive home.

Child Support for and Length of Detention of Incarcerated Minors and Changes to the Definition of "Support Order"
(R.137, H.3104, Act 84)
[Effective upon approval by the Governor]

This act amends Section , relating to payment of support of a child, so as to permit the solicitor of the county where the child is a resident to petition the court to order the parents to pay child support when the child is committed or detained in a Department of Juvenile Justice (DJJ) or county detention facility. Support payments for incarcerated children, as well as for those who have been committed by the court to custody other than that of his parents, must be based on DSS child support guidelines. The court must also consider the conduct of the parent in supervising and providing care for the child when determining whether to order child support. Section (which is incorrectly cited as in the act), relating to DJJ's responsibility for incarcerated minors, is amended to conform to Section by providing that all expenses of incarceration are borne by the state except as otherwise provided by law.

This act also amends Section (A)(4), (5), and (6), relating to detention of juveniles, so as to increase the length of time a facility may detain preadjudicatory youth from 24 to 48 hours.

Section ), relating to definitions of terms used in the Children's Code, is amended so as to clarify the definition of `support order' as a final or temporary order which provides for periodic payments of funds for spousal support, child support, reimbursement of support, and arrearages, as well as an order modifying support.

Placement of Emotionally Disturbed Children
(R.141, H.3207, Act 88)
[Effective 6/12/95]

This act amends Article 19 of Chapter 7 of Title 20, relating to the Children's Case Resolution System, by adding Section so as to provide requirements for the placement of emotionally disturbed children referred to the Children's Case Resolution System in substitute care settings outside South Carolina. A written explanation by involved agencies must be made in the child's records before a child may be placed in such a facility.

Child Indigency in a Delinquency Proceeding
(R.149, H.3504, Act 96)
[Effective 6/12/95]

This act amends Chapter 7 of Title 20, relating to provisions for children, by adding Section to provide that, notwithstanding Title 17, Chapter 3, relating to the Defense of Indigents, in determining indigency for the purpose of appointing legal counsel for a child in delinquency proceedings, the court must determine the parents' ability to retain counsel for the child and require the parents to reimburse the indigent defense fund if counsel is appointed for the child.

Foster Care Review Board Qualifications
(R.148, H.3463, Act 95)
[Effective 6/12/95]

This act amends Chapter 7 of Title 20, entitled the `Children's Code,' by adding Section so as to provide that a person who is the subject of a child abuse or neglect report or who has been convicted of certain crimes may not serve on the state or a local foster care review board or be employed with the Division for the Review of the Foster Care of Children in the Governor's Office. A board member or employee may not have been convicted or pleaded guilty or no contest to an `offense against the person,' `offense against morality or decency,' or contributing to the delinquency of a minor, as defined in Title 16. The act requires the division to submit the names of nominees to foster care review boards or potential employees of the division to DSS and SLED to determine eligibility under this section. Additionally, Section (C), relating to exceptions to the requirement of confidentiality of reports made under the Children's Code, is amended so as to allow DSS to release the information necessary to comply with Section .

Family Independence Act of 1995
(R.156, H.3613, Act 102)
[Effective 6/12/95, except those parts which require waiver from the federal government, which are effective 90 days from the date the waiver is granted.]

The Family Independence Act was enacted to further the State's policy that personal and parental responsibility are required for citizens to attain independence. The stated goal of the act is to assist families to become economically independent through the reformation of four major aspects of public assistance: (1) employment and training; (2) welfare caps and financial eligibility; (3) parental responsibility; and (4) child support enforcement initiatives.

Employment and Training

The employment and training component of the act requires the Department of Social Services (DSS) to change its focus from welfare to employment and training. To accomplish this goal, the act requires recipients of Aid to Families with Dependent Children (AFDC) to enter into agreements with DSS providing the time tables and describing the expectations of both parties in working toward the goal of employment. DSS must coordinate assistance with child care and transportation and facilitate enrollment in literacy classes, adult education classes, GED classes, technical schools, and vocational schools. Through its training programs, DSS is also instructed to provide information about the value of family planning services. To better enable recipients to remain employed, the act provides that medicaid and child care may continue for an additional year after the recipient becomes ineligible for AFDC.

In addition, the Employment Security Commission (ESC) is directed to assist DSS in identifying labor market information and in training DSS staff to help AFDC recipients find employment. The act also provides that DSS will work with the Department of Public Safety to endorse local mass transit development efforts.

DSS must develop guidelines to govern the disbursing of cash payments to be paid as wage subsidies or given as tax credits to employers. The act also allows for tax credits for employers who hire AFDC recipients and who provide them with health care coverage. The act specifically prohibits the firing of a current employee to make room for an AFDC recipient. Furthermore, the act mandates that state agencies aim to hire AFDC recipients to fill ten percent of positions requiring a high school diploma or less. DSS is to seek federal grants to fund entrepreneurial development to encourage and assist AFDC recipients in operating businesses and developing other financial skills.

The act also requires AFDC recipients who are minor mothers to participate in family skills training which can include alcohol and drug assessments and family planning consistent with Medicaid regulations so that state funded abortions are not permitted.

Family court judges may order noncustodial parents who are under order to pay child support for a child on AFDC to participate in DSS's employment training program if they are unemployed or underemployed. A noncustodial parent who is in contempt for nonpayment of support may also be ordered to participate in an employment training program if his support order is being enforced by DSS, regardless of the AFDC status of the child.

If an AFDC recipient fails to cooperate with the employment and training efforts, benefits will be terminated after a 30 day conciliation period. Recipients with children under one year of age do not have to participate in employment and training unless they are less than twenty-five years of age without a high school eduction. In addition, women in their third trimester of pregnancy, caretakers of the disabled, and the disabled are exempt from the work requirements. The act further provides that recipients who are unable to participate because child care and reasonable transportation were not provided when needed for participation in employment programs have good cause for not participating.

Welfare Caps and Financial Eligibility

This section of the act limits the receiving of AFDC to two out of ten years. There are exceptions when the head of the household: (1) is disabled; (2) is a caretaker for a disabled person; (3) is a minor; (4) is in training (up to six more months); (5) is not included in the assistance check; (6) is receiving AFDC for a child whose only alternative placement is foster care; (7) is unable to work because child care or transportation is not reasonably available; and (8) can demonstrate that all efforts to train and find employment have failed even after diligent searches, willingness to relocate, and full cooperation with state agencies involved (up to 12 more months). In addition, the act requires DSS to investigate and make suggestions for the care of children of former AFDC recipients whose benefits are terminated under the act's time limits.

The act changes the asset limits on AFDC recipients so as to allow a vehicle with a $10,000 book value and $2500 worth of other assets. In addition, recipients and other lower income households are permitted to contribute up to $10,000 in a savings account tax free and without an adverse impact on their AFDC eligibility. Interest income and dividends are excluded up to $400. To develop positive work attitudes, the income earned by minor children in the home is no longer counted toward calculating the AFDC payment as long as the child is in school.

Parental Responsibility

The third element of the Family Independence Act deals with parental responsibility, primarily the cessation of incremental increases in AFDC for children conceived after a family begins receiving AFDC, with exceptions for conceptions resulting from rape and incest. DSS may provide these children with benefits in the form of vouchers for necessary services.

Another aspect of the parental responsibility element of the act is the requirement of random drug testing and mandatory treatment for recipients who have alcohol or drug problems, including those who give birth to children who test positive for these substances.

The act also requires minors to remain in school and to remain in their parents home if they have children, except under certain circumstances.

Significantly, the act deletes the requirement that an AFDC child only have one parent in the home. If one parent is not in the home, the custodial parent must provide detailed locating information as a condition for receiving benefits. The act also increases the amount of child support collected that is disbursed directly to the recipient.

Finally, the act calls for the coordination of state agencies to provide health services to AFDC recipients.

Child Support Enforcement

The last major aspect of the act relates to child support enforcement. The act allows support to be pursued from the grandparents when the child's parents are unmarried minors. The act also provides for the revocation of driving, professional, hunting, and boating licenses when a noncustodial parent is out of compliance with a child support order. Detailed reporting, notice, and due process requirements accompany the licensure revocation provisions.

Additionally, the act revises the method by which paternity and support orders are obtained, providing for a mechanism whereby noncustodial parents appear at negotiation conferences after receiving a "notice of financial responsibility" from DSS. Consent orders, which are enforceable by the family court, may be issued at these meetings if an agreement can be reached. The act also allows an obligor to request a hearing before a court. To encourage paternity acknowledgements, the act provides for a method whereby hospital staff can obtain acknowledgements which include detailed locating information and are available at no cost to DSS.

Modifications of support orders can also be made through agreement between DSS and the obligor, as well as through the traditional method of petitioning the family court for a modification. In addition, application of the guidelines can be the "substantial change" required to obtain a modification, but only for support orders being enforced by DSS. The act also codifies as statutory law existing DSS regulations about child support guidelines and when deviation is allowed.

The act requires DSS to report child support arrearages of two months or more to consumer credit reporting agencies. It also creates the Employer New Hire Reporting program which provides a means for employers to voluntarily report information about new employees to DSS.

In addition to these four major components, the act provides that communication between various agencies must be more open and that the forms required of recipients must be simpler. Additionally, the act provides that county directors serve at the pleasure of the director of DSS.

Family Court Mediation Jurisdiction
(R.160, H.3639, Act 105)
[Effective upon approval by the Governor]

This act amends Section ), relating to the jurisdiction of the family court to issue consent orders authorizing parties to engage in alternative dispute resolution, so as to provide that the family court also has jurisdiction to require parties to engage in court-mandated mediation pursuant to Family Court Mediation Rules.