Bill Text: SC S1160 | 2013-2014 | 120th General Assembly | Introduced

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Bill Title: Children's Code

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2014-03-26 - Referred to Committee on Judiciary [S1160 Detail]

Download: South_Carolina-2013-S1160-Introduced.html

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A BILL

TO AMEND CHAPTER 1, TITLE 63 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS CONCERNING THE CHILDREN'S CODE, TO PROVIDE THAT THE STATE, ITS AGENCIES, INSTRUMENTALITIES, AND POLITICAL SUBDIVISIONS MAY NOT DEPRIVE A PARENT OF HIS RIGHTS TO RAISE AND CARE FOR HIS CHILD WITHOUT THE STATE FIRST DEMONSTRATING A COMPELLING INTEREST FOR TAKING THE PROPOSED ACTION; AND TO PROVIDE THAT A CHILD'S GUARDIAN IS AFFORDED THE SAME PROTECTIONS FROM STATE ACTION.

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

SECTION    1.    Chapter 1, Title 63 of the 1976 Code is amended by adding:

"Section 63-1-60.    The State and its agencies, instrumentalities, and political subdivisions are prohibited from depriving a parent or legal guardian of their right to direct the upbringing, education, and care of his minor child without a legally recognized compelling government interest and the proposed government action is narrowly tailored to achieve that interest. The provisions of this section also apply to a child's guardian."

SECTION    2.    This act takes effect upon approval by the Governor.