Policy News and Information for South Carolina's Children
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Elliott Steps Forward on Sentencing Reform Bill
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In the House,
Rep. Jason Elliott, R-Greenville
, led the effort to strip from a sentencing reform bill language that would have weakened punishments for convicted sex offenders who repeatedly fail to register.
The lengthy and contentious debate around the sentencing reform bill,
H.3322
, peaked during discussion by the full House Judiciary Committee. The bill includes the elimination of mandatory minimum sentences, as well as the reduction of certain maximum allowable sentences, for a wide range of crimes. Included in the version passed out of subcommittee were punishments for convicted sex criminals who repeatedly fail to register or repeatedly lie in their registration statements.
Rep. Elliott, however, proposed an amendment to remove sections 117 and 118 from the bill. In doing so, he orchestrated removal of provisions that would have eliminated mandatory minimum sentences for those convicted sex offenders who have failed multiple times to register or lied repeatedly in their registration. Those sections would have also set some of the new maximum punishments at lower levels. Passed by the committee, the bill is now headed to the House floor.
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On the S.C. Legislative Radar
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Child Torture
S.189
has been on the Senate floor for several weeks and continues to be carried over. Spirited floor debates slowed the progress of the bill defining child torture.
The proposed law details how South Carolina would define child torture. There has been debate over the exact wording of the definition. This bill is important because the federal government has mandated that in order to prosecute for child torture, there must be a specific definition. Additionally, a definition is important to assist case workers at the Department of Social Services (DSS) to determine which cases are torture, which is characterized by higher rates of recidivism than other types of abuse.
Background Checks
The Senate Family and Veterans' Services Committee advanced two bills detailing additional background checks for persons working with children.
S.595
increases the scope and frequency of background checks for individuals working at child care facilities.
S.601
does the same for employees of group homes. A bottleneck of other bills, some of which spurred lengthy debates, slowed their progress toward an up-or-down vote by the full Senate.
Legal Standard for DSS Decisions at Trial
H.3915
would require the DSS legal representative's decision in family court to be based solely on the child's welfare and safety. The House Judiciary Committee advanced the bill, as amended, to the floor. Currently, lawyers from DSS are charged with representing the legal interest of the agency, while guardians ad litem are tasked with representing the child’s best interests. The bill in its amended form calls on DSS legal representatives to ensure the child’s welfare and safety are the “predominant” basis of their decisions.
Plan of Safe Care
H.3729
quickly passed through the House General Laws Subcommittee. This bill allows DSS to follow the federal Child Abuse Prevention and Treatment Act (CAPTA), which requires states to enact policies that address the needs of infants affected by a controlled substance. Passage would assist in the Plan of Safe Care, which addresses health and substance use disorder treatment needs of the infant and affected family. Many states, including South Carolina, are seeing an increased need in assistance for infants and their families as a result of the current opioid epidemic.
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McMaster Nominates New DSS Director
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Tennessee was the first of the many states involved in class action litigation targeting shortcomings in foster care to emerge from its lawsuit. In 2016, a federal judge ruled that
Tennessee’s DCS had reached all of the mandated milestones
to overhaul its foster care system. South Carolina remains one of over a dozen states in which the state's Department of Social Services still operates under a consent agreement as it works to complete reforms.
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April Is Child Abuse Prevention Month
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Raising awareness is a critical first step in preventing child abuse and neglect. Child Abuse Prevention Month, held every April, is the annual opportunity for us to join voices with our 125 local partners and show we are a powerful force for children and families in South Carolina.
By planting pinwheel gardens, supporting proclamations and hosting awareness events, prevention partners provide a very visible presence in local communities. They also ensure that comprehensive, community-based prevention efforts are at work in South Carolina.
Standing with its national partners, Children's Trust is using the Prevent Child Abuse America theme of #GreatChildhoods to highlight the ways people can engage in everyday activities in their neighborhoods, schools, community centers, civic groups and churches to prevent child abuse and neglect. The campaign objective is to inspire and foster action among the public to get involved in child abuse prevention efforts in their communities.
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Policy Post is published by Children's Trust of South Carolina.
Children’s Trust of South Carolina is the statewide organization focused on the prevention of child abuse and neglect. We provide funding, resources and training to help local program partners build strong families and positive childhoods. Children’s Trust leads the state’s coordinated efforts for the Strengthening Families Program; Triple P (Positive Parenting Program); S.C. Adverse Childhood Experiences Initiative; Maternal, Infant and Early Childhood Home Visiting; Child Abuse Prevention Month; Child Well-Being Coalition; and KIDS COUNT.
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