Indicates Matter Stricken

Indicates New Matter

Committee Report

February 22, 2023

S. 341

Introduced by Senators Shealy, Jackson and Hutto

S. Printed 02/22/23--S.

Read the first time January 10, 2023

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The committee on Senate Judiciary

To who was referred a Bill (S. 341) to amend the South Carolina Code of Laws by amending Section 62-5-101(11), relating to definitions and use of terms, so as to provide for guardianship proceedings, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

   Amend the bill, as and if amended, SECTION 1, by striking Section 62-5-101(11) and inserting:

      (11) "Guardianship proceeding" means a formal proceeding to determine if an adult or a minor within one hundred and eighty days of turning eighteen is an incapacitated individual or in which an order for the appointment of a guardian for an adult or a minor within one hundred and eighty days of turning eighteen is sought or has been issued.

Renumber sections to conform.

Amend title to conform.

LUKE RANKIN for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill amends the definition of guardianship proceeding in §62-5-101(11) by adding that it is a formal proceeding to determine if a minor, within 180 days of turning eighteen, is an incapacitated individual or to determine if an order for appointment of a guardian has been sought or issued for the minor. The bill also allows a person to initiate a guardianship proceeding by filing a summons and petition for guardianship of a minor up to 180 days prior to the date the child reaches the age of eighteen if the petitioner anticipates that the minor child will require a guardian upon turning eighteen. An order appointing a guardian must be issued upon the minor's eighteenth birthday or as soon thereafter as possible. Further, the bill amends §62-5-201 to specify that the probate court system does not have jurisdiction over the care, custody, and control of a minor as it relates to this bill, other than for the appointment of a guardian through a guardianship proceeding.

Judicial indicates that this bill may increase the number of cases, or the duration of cases heard in court. However, Judicial intends to use existing General Fund resources to manage any modification in caseloads. Therefore, this bill will have no expenditure impact for Judicial.

State Revenue

This bill may result in an increase in the fines and fees collected in probate court. Court fines and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, RFA anticipates this bill may result in an undetermined impact to General Fund revenue and Other Funds revenue due to the increase in fines and fees collections in court.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

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A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 62-5-101(11), RELATING TO DEFINITIONS AND USE OF TERMS, SO AS TO PROVIDE FOR GUARDIANSHIP PROCEEDINGS FOR A MINOR WITHIN ONE HUNDRED EIGHTY DAYS OF TURNING EIGHTEEN; BY AMENDING SECTION 62-5-201, RELATING TO JURISDICTION, SO AS TO PROVIDE FOR ADDITIONAL LIMITED JURISDICTION OF THE COURT OVER MINORS; AND BY AMENDING SECTION 62-5-303, RELATING TO PROCEDURE FOR COURT APPOINTMENT OF A GUARDIAN; SUMMONS AND PETITION, SO AS TO EXTEND THE TIME A GUARDIANSHIP PROCEEDING CAN BY INITIATED TO ONE HUNDRED EIGHTY DAYS BEFORE A MINOR REACHES THE AGE OF EIGHTEEN.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.   Section 62-5-101(11) of the S.C. Code is amended to read:

      (11) "Guardianship proceeding" means a formal proceeding to determine if an adult or a minor within one hundred and eight days of turning eighteen is an incapacitated individual or in which an order for the appointment of a guardian for an adult or a minor within one hundred and eighty days of turning eighteen is sought or has been issued.

SECTION 2.   Section 62-5-201 of the S.C. Code is amended to read:

   Section 62-5-201.   Exclusive jurisdiction of the court is set forth in Sections 62-1-302 and 62-5-701 as to appointment of a guardian or issuance of a protective order. Pursuant to the court's authority to appoint a guardian, and Section 62-5-309, the guardian has the authority to maintain custody of the person of the ward and to establish the ward's place of abode, unless otherwise specified in the court's order. Other than the proceeding set forth in Section 62-5-303(C), the court does not have jurisdiction over the care, custody, and control of the person of a minor, but does have jurisdiction over the property of a minor if the court determines that the minor owns property that requires management or protection.

SECTION 3.   Section 62-5-303 of the S.C. Code is amended to add:

   Section 62-5-303   (C) A person may initiate guardianship proceedings by filing a summons and petition for guardianship of a minor child up to one hundred and eighty days prior to the date the child reaches the age of eighteen if the petitioner anticipates the minor child will require a guardian upon attaining the age of eighteen. The court has jurisdiction over the proceedings in this subsection beginning one hundred and eighty days prior to the date the child reaches the age of eighteen. The minor shall be provided all due process rights conferred upon an alleged incapacitated individual pursuant to this chapter, including, but not limited to, the appointment of an attorney and a guardian ad litem. An order appointing a guardian pursuant to this subsection shall issue upon the minor's eighteenth birthday or as soon thereafter as possible.

SECTION 4.   This act takes effect upon approval by the Governor.

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